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HomeMy WebLinkAboutRegency at River Valley Regency at River Valley AZ-06-035/CUP -06-0221V AR -06-0 141V AR -06-0151V AR -06-0 16/PS-06-006 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 STAFF REPORT TO: FROM: Hearing Date: October 3,2006 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 tC:CI"Y"" C t~17lil{{ll SUBJECT: Regency at River Valley AZ-06-035 - Annexation and Zoning of 12.06 acres to C-C (Community Business District)(1.50 acres) and R-40 (High Density Residential)(10.56 acres) CUP-06-022 - Conditional Use Permit to construct a multi-family development consisting of204 multi-family dwelling units (8 24-plexes and 1 12-plex) PS-06-006 - Private Street request, adjacent to the proposed multi-family units within Regency at River Valley V AR-06-014 - Variance requests to UDC 11 ~3C-6A, to provide less than the required number of covered parking stalls for multi-family dwellings V AR-06-015 - Variance request to UDC 11-4.3.27B3 to provide less than 80 square feet of private, usable open space for each multi-family dwelling unit V AR-06-016 - Variance request to UDC 11-3h-4B2 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Regency at River Valley, LLC, has applied for Annexation and Zoning (AZ), to C-C (Community Business District) and R-40 (High Density Residential), for 12.06 acres currently zoned RUT in Ada County. The applicant has concurrently applied for Conditional Use Permit (CUP) approval to construct a multi-family development consisting of nine multi-family buildings (8 24-plexes and 1 12- plex); private streets; a variance for access to Eagle Road (SH-44); a variance to the standard requirement for 80 square feet of private, usable open space for each multi-family dwelling unit; and, a variance to the covered parking requirements for multi-family developments. The site is located on the east side of Eagle Road, approximately 12 mile north of Fairview Avenue. Currently, there are two single-family homes and associated outbuildings on this site. The site has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. However, because the City Council is the final decision making body on the Annexation and Variance applications, all of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. After detailed review of the subiect applications. staff has provided detailed analvsis and is recommendiUl:! approval of the proiect with the conditions listed in Exhibit B. The Meridian Plannin2 and Zonin2 Commission heard these items on AU2ust 31.2006. At the public hearinl! they moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Greg Rindlesbacher, Scott Stanfield Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-014/V AR-06-015/V AR-06-016/PS-06-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 11. In opposition: None iii. Commenting: Mike Ballantyne IV. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Tiling of the Finch Lateral abutting this site; ii. Elevations; and, Hi. The proposed variance requests (parking, open space, access to a highway) c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. Requiring the applicant to tile, or not tile, the Finch Lateral; ii. Making a decision on the requested variance regarding private useable open space. 111. The applicant has not submitted revised landscape plans as required in Condition 1.1.3 of Exhibit B. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval (as proposed by Staff) After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-035, CUP-06-022, and PS-06-006 as presented in staff report for the hearing date of October 3, 2006 with the following modifications: (Add any proposed modifications.) I further move to recommend conditional approval of V AR-06-014 (parking) and V AR-06-016 (access to Eagle Road), and denial of V AR-06-015 (private, useable open space). Denial (all applications) After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 035, CUP-06-022, PS-06-006, V AR-06-014, V AR-06-015, and V AR-06~016 as presented during the public hearing on October 3, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and variances and you must state specific reasons for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 06-035, CUP-06-022, PS-06-006, V AR-06-014, V AR-06-015, and V AR-06-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2500 N. Eagle Road; East side of Eagle Road, approximately 12 mile north of Fairview Avenue, in Section 4, Township 3 North, Range 1 West. b. Owners: RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; and Jacom, L.C. RAMI, LLC 2785 W. 9000 South West Jordan, UT 84088 c. Applicant: The Regency at River Valley, LLC Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-014/V AR-06-015/V AR-06-016/PS-06-006 PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 3,2006 2785 W. 9000 South West Jordan, UT 84088 d. Representative: Benjamin Clegg, Bach Corp. e. Present Zoning: RUT ~ Ada County f. Present Comprehensive Plan Designation: Mixed Use - Regional g. Description of Applicant's Request: The applicant is requesting approval of Annexation and Zoning (AZ) to R-40 (High-Density Residential) and C-C (Community Business), and Conditional Use Permit (CUP) approval to construct a 204 unit multi-family development consisting of nine multi~family building on 12.06 acres of property currently zoned RUT in Ada County. The proposed units consist of one-bedroom (60 total), two-bedroom (108 total) and three-bedroom (36 total) options. The applicant is also requesting approval to construct private streets adjacent to the multi-family units and as a temporary access to Eagle Road; variance approval to waive the requirement for useable private open space for each unit; variance approval for access to the state highway (Eagle Road); and variance approval to construct less covered parking than required by ordinance. The gross density of Regency at River Valley is 17.86 dwelling units per acre. Approximately 2.7 acres 22% of the area being developed is being set aside for open space. The applicant is proposing to construct a clubhouse, pool, tot-lot, pathway system, sitting benches, and water features as amenities for the development. I. Date of landscape plan (attached in Exhibit A): April 2006 2. Date of site plan (attached in Exhibit A): March 15, 2006 h. Applicant's Statement/Justification: Bach Corporation is excited to be a part in the future development ofthis area of Meridian. Bach Corporations has been building and developing for over 25 years in the Rocky Mountain regions and has developed Single fmnily, Multi-Family, and Commercial Projects in many different areas (see Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a private street as detennined by City Ordinance. d. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: August 14 and 28,2006 (for Planning & Zoning Commission hearing), and September 11 and 25, 2006 (for City Council hearing) f. Radius notices mailed to properties within 300 feet on: August 4, 2006 (for Planning & Zoning Commission hearing), and September 8, 2006 (for City Council hearing) g. Applicant posted notice on site by: August 21,2006 (for Planning & Zoning Commission hearing), and September 24, 2006 (for City Council hearing). Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 14/V AR-06-0 15/V AR-06-0I6/PS-06-006 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 6. LAND USE a. Existing Land Use(s): There are two single-family residences on this site. The existing homes and the outbuilding will be removed. b. Description of Character of Surrounding Area: Across Eagle Road is a recently approved office park (Stokesberry) and elementary school (River Valley). Single~family homes, a turf farm and future commercial developments are all within the general vicinity of this project. c. Adjacent Land Use and Zoning: 1. North: Finch Lateral; Single-family homes on large acreages, zoned C-G, (future commercial in Redfeather Estates Subdivision) 2. West: Offices, Stokesberry Subdivision, zoned L-O; River Valley Elementary School, zoned R-4 3. South: Agricultural, zoned RUT (Ada County) 4. East: Future single-family homes in Redfeather Estates Subdivision, zoned R-4 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer in Eagle Road just north of this proj ect. Location of water: There is currently water in Eagle Roadjust north of this proj ect. Issues or concerns: 1. ) Water redundancy. 2. Floodplain: N/ A 3. Canals/Ditches Irrigation: The Finch Lateral (aka - South Slough) traverses along the north side of this property and another waterway runs along the south side of this property. UDC 11-3A-6 requires all irrigation ditches, laterals, canals and drains to be piped. However, the City Council has the ability to waive this requirement for large- capacity facilities. In the past, the Council has granted waivers for large-capacity facilities if a 48" or larger pipe would be required. Staff recommends that the applicant provide documentation that a 48" or larger pipe would be required for covering the Finch Lateral. lfthe applicant can provide said documentation prior to the City Council meetin!! on this proiect. staff recommends that the Councilcrant a waiver of tilin!! the Finch Lateral. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: These properties are currently zoned RUT in Ada County. The applicant is proposing to zone 1.5 acres of the property to C-C and 10.5 acres ofthe property to R-40. 6. Size of Property: 12.06 acres f. Landscaping: 1. Width of street buffer(s): A 35-foot wide street buffer is required along Eagle Road, an entryway corridor (UDC Table ll-2B~3). A 20-foot wide street buffer is required along River Valley Street and Alleys Way (Avenue), both future collector streets (UDC Table ll-2A-7). Street buffers are not required adjacent to the other, internal private streets. However. a 5~foot wide landscape buffer is reQuired ad;acent to all perimeter lot lines that are ad;acent to drive aisles. parkin~ or other vehicle use areas (UDC-11-3B-8C). 2. Width ofbuffer(s) between land uses: A 25~foot wide land use buffer is reQuired between C-C zoned propertv and residential uses (UDC Table 11-2B- 3 ). 3. Percentage of site as open space: The applicant states that 23% (2.7 acres) ofthe site is being set aside for common open space; 3.5 acres of the development will be landscaped. 4. Other landscaping standards: Landscaping adjacent to micro~paths and pathways should comply with UDC 11-3B-12. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). As a reference, for multi-family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: a community clubhouse with an exercise room, billiards table and lounge area (Quality of Life and Recreation), a BBQ area with dining facilities (Quality of Life), children's play area and tot-lot (Recreation), open space (Open Space), a hot tub and pool (Recreation), a water amenity (Quality of Life), and walking trails (Recreation). h. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have a two-car covered carport or garage for each unit and required 1 bedroom units to have two car parks, with one of those being covered. The applicant is proposing 144 2+ bedroom units and 60 I bedroom units. The applicant has submitted a variance request to onlv provide 125 covered parkin~ spaces. when 348 are reQuired bv the UDe. Further. onlv 394 totalparkinf! spaces are proposed for the multi-familv development. when 408 are reQuired bv the UDe. See below for analysis regarding parking. 1. Commercial Area Information: 1. Non-residential square footage: 10,100 square feet 2. Proposed building height: 50-feet; C-C allows 50 feet 3. Percentage of site devoted to building coverage: 20% 4. Percentage of site devoted to landscaping: 22% 5. Percentage of site devoted to paving: 58% 6. Percentage of site devoted to other uses: 0% 7. Number of units /buildings: I j. Proposed and Required UDC Standards: Staff fmds that the proposed development generally conforms to the standards listed in the UDC. However, the applicant is requesting variances to some ofthe development standards codified in the UDC. Specifically, the applicant is requesting a parking variance to provide less than 2 covered parking stalls for each multi- family dwelling that has 2 or more bedrooms; to provide less than 80 square feet of private, usable open space for each multi-family dwelling unit; and to have access to Eagle Road at a location other than the mid-mile location. Staff is partially supportive of the variances Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 14/V AR-06-0 15/V AR-06-0l6/PS-06-006 PAGE 5 Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 14/V AR-06-0l5/V AR-06-016/PS-06-006 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 requested. Please see Analysis below for more information. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Other than Eagle Road, a state highway, this property does not have frontage on any existing public streets. The applicant is proposing to construct one full-access, temporary private driveway connection to Eagle Road as access for this site until River Valley Street can be extended to Eagle Road at the mid-mile (see V AR-06-016). The applicant is proposing to construct a portion of an east-west public collector roadway, River Valley Street, located at the south boundary of the site. The applicant is also proposing to construct a small portion of a north- south public collector roadway, Allys Way, at the east boundary of the site. The other proposed vehicular accesses are private. The proposed private streets, Merrimack Lane, Seton Lane and Frostburg Lane are all proposed with a 26-foot wide drive aisle centered between parking stalls. However, Concordia Lane is only proposed to be 24-feet wide. Due to the height of the buildings within this development, the Fire Department is requiring all of the private streets, including Concordia Lane, to be 26-feet wide (between parking stalls). NOTE: Staff has received DRAFT comments on this project from ACHD (none from ITD). Please see Exhibit B for comments from ACHD. 7. AGENCY COMMENTS MEETING On August 10,2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use - Regional' on the Meridian Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defmed in part as an area that is situated in highly visible or transitioning parts ofthe City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses, including multi-family. Staffrecommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. The following standards will serve as general guidelines for development in these Mixed Use areas: . All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; . Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26 , 55 or 69; . Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action I) Regency at River V alley AZ~06-035/CUP -06.022/V AR -06-0l4/V AR -06-0 15/V AR-06-0 16/P S-06-006 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Eagle Road is class(fied as an arterial roadway. Staff is supportive of a temporary access only to Eagle Road, until another public street access can be provided for this development. . Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. The properties adjacent to the subject site vary in density and land use. North and south of the site are future and existing commercial uses. East of the site is a single-family subdivision, Redfeather Estates. West of the site is an office development. The subject project is denser than any of the adjacent projects, but does provide a transition from the less dense residential uses to the east and the commercial uses along Eagle Road. Staff believes that this project will be compatible with the existing and future land uses on adjacent parcels, if all of the conditions of approval listed in Exhibit B are complied with. . Chapter Vll, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct a 20.Joot wide landscape buffer adjacent to River Valley Street and Allys Way/Avenue. By ordinance, a 35-foot wide landscape buffer is required adjacent to Eagle Road. . . Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 14/V AR-06-0 15/V AR.06-0 16/PS-06-006 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. · Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent properties have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a temporary shared driveway to Eagle Road with the property owner to the south. The applicant is then proposing to provide a cross access easement to the property owner to the north so they can also share access points. The applicant is also proposing to construct portions of collector roadways at the south and east boundaries of the project. Once these collectors are fully constructed between Fairview, Ustick and Eagle, it is anticipated that these collectors will enhance connectivity and traffic flow. · Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct a 5-foot wide sidewalk adjacent to one side of the internal private streets. The applicant is also proposing to construct an internal pathway system. Staff is generally supportive of the proposed community pathway system. · Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. Staif recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses: UDC Table 11-2A-2 lists multi-family development uses as conditional uses in the R-40 zoning district; personal and professional services, as well as retail and other commercial uses are principally permitted in the C-C zoning district. b. Purpose Statement of Zones: HIGH DENSITY RESIDENTIAL DISTRICT (R-40) - The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection 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. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-014/V AR-06-015/V AR-06-016/PS-06-006 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 COMMUNITY BUSINESS DISTRICT (C-C) - 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 oftravel-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 ofthe city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Multifamily Development (UDC 11~4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site desilrn (UDC 11-4~3.27B): A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant is reQuesting a variance (waiver) to this reQuirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. The applicant is reQuestimz a variance to the parking reQuirements. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. None of these features are currentlv proposed bv the applicant. Common open space design reauirements (unc 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet ofliving area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC ll-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For Regency at River Valley AZ-06-035/CUP -06-022/V AR -06-0 14/V AR -06-0 15/V AR -06-0 16/P S-06-006 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 multifamily developments with 75 units or more, 4 amenities shall be provided, with at least I from each category. F Of multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC Il-4-3.27E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-4-3.27G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 14/V AR-06-0 15/V AR-06-0 16/PS-06-006 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 Outdoor storal!e/refuse areas (UDC 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. 10. ANALYSIS Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. However, the applicant is requesting three variances from the UDC requirements. In each section below, staff has provided analysis and recommendations regarding the proposed development. I. AZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density residential development with R-40 zoning and a future commercially zoned lot in the proposed C-C zone. Please see Exhibit D for detailed analysis of the required facts and [mdings for a Zoning Amendment. The annexation and zoning legal descriptions submitted with the application (stamped on 6-14-06 and 6-8~06 by Darin Holzhey, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11-5B-3D2 and Idaho Code ~ 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designations and does not negatively impact nearby properties. 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 Attornev. Bill Nary. at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Regency at River Valley 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 approved site plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 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 contained in the Unified Development Code (UDC), in effect at Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-014/V AR-06-015/V AR.06-016/PS-06-006 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 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 irrigation. 7. That prior to issuance of any building permit, the applicant shall submit and receive Certificate of Zoning Compliance approval, in accordance with the City of Meridian Unified Development Code. And that the multi-family buildings and clubhouse constructed on this site will substantially comply with the renderings submitted to, and approved by, the City with the CUP application, as determined by the Director. 8. That the applicant agrees to construct their portions of collector roadways along the south and east property lines, in accordance with ACHD standards. 9. That all landscape street buffers along Eagle Road, River Valley Street and Allys Way, will be constructed in accordance with the UDC provisions in effect at the time of development, prior to any occupancy being granted within this development. 10. That a temporary, full-access to Eagle Road, shall be allowed to this site, if permitted by ITD. That said access shall be terminated once River Valley Street (a public street at the mid-mile) is constructed to intersect Eagle Road. That once said access is terminated, the area used for the access shall be either landscaped or improved for parking. 11. That the applicant agrees to provide a cross-access, ingress/egress easement over the subject property so the properties to the north and south can use the internal vehicular drive aisles and private streets as access to the public roadway system. 12. That the future commercial building adjacent to Eagle Road shall be subject to administrative design review approval; shall not exceed 15,000 square feet in size; that said building will have a variety of building materials and colors; and that buildings will be oriented towards the adjacent arterial street (not a blank fal(ade facing Eagle Road). 13. That the applicant agrees to provide amenities on this site as depicted on the site plan dated March 15, 2006. That said amenities (including the clubhouse) shall be constructed prior to issuance of the occupancy permit for 5th multi-family building on this site. 14. That no more than 204 multi-family units and 1 commercial building may be constructed on this site. 2. CUPIPS Applications: Landscaping: The landscape plan prepared by Lars Anderson Designs, prepared in April 2006, is not approved as submitted. At least ten days prior to the City Council hearing, ten copies of a revised landscape plan should be submitted by applicant to the City Clerk's Office reflecting the following modifications/notes: . Provide a 35-foot wide landscape buffer (and easement) along Eagle Road. The landscape buffer along Eagle Road shall be designed in accordance with UDC 11-3B-7. . Provide 20-foot wide landscape buffers (and easements) along River Valley Road and Allys Avenue. The landscape buffers shall be designed in accordance with UDC 11-3B-7. Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-014/V AR-06-015/V AR~06.016/PS-06-006 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 · Provide a 5-foot wide landscape strip adjacent to the driveways that are adjacent to parcels that are not part of the subject development. Said landscape strips shall be designed in accordance with UDC 11-3B-8Cl. · Provide a landscape island at the end of the parking row near the southwest comer of building A and on either side of the drive aisle where Concordia Lane and Regency Lane intersect. All internal landscaping shall be constructed in accordance with UDC ll-3B-8C2. · 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 11-3B-ll 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 ll-3B-ll. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-ll, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11- 3B-14. Submit 10 full size cavies and one 8.5" x 11" covv of the revised landscave vlan, refZectinf! the changes/notes mentioned above. to the Citv Clerk's Office at least 10 davs vrior to the next vublic hearinf!. Multi-family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.2 7 . Private Useable Open Space: UDC II ~4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has reQuested a variance (waiver) of this reQuirement. Please see VARAvvlications below. Parkin!!: UDC 11- 3C-6A requires multi-family dwellings with two or more bedrooms to have a two-car covered carport or garage for each unit, and requires multi-family dwellings with one bedroom to have two car parks, one being covered. The applicant is proposing to construct 121 covered parking stalls (30 garage spaces and 91 carport spaces). According to the UDC, 348 covered parking stalls are required for this development. Further, the submitted site plan depicts 394 parking stalls, 408 are required by the UDC. The apvlicant has requested a varkinf! variance for this vro;ect. Please see VAR Avvlications below. Amenities: The applicant is required to provide amenities for the multifamily development. For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-01 4/V AR-06-0 15/V AR-06-016/PS-06-006 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 development (UDC 11-4-3.27D-2d). As a reference, the UDC requires multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: a community clubhouse with an exercise room, billiards table and lounge area (Quality of Life and Recreation), a BBQ area with dining facilities (Quality of Life), children's play area and tot-lot (Recreation), open space (Open Space), a hot tub and pool (Recreation), a water amenity (Quality of Life), and walking trails (Recreation). Staff recommends that the Commission determine if the proposed amenities are sufficient for a development of this size. NOTE: A multi-use pathway along the South Slough is being constructed by others on the north side of the lateral. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development (UDC ll-4-3.27B7). The applicant has verballv indicated to staff that the above-mentioned amenities will be provided. Staff recommends that the Glmlicant clarify. at the public hearing. how the above-mentioned provisions will be provided. Elevations: The applicant has submitted building renderings/elevations/photos for the proposed multi-family structures and clubhouse (see Exhibit A). UDC 11-4~3.27E requires multifamily structures to comply with the design standards listed in this section. Staff believes that the renderings/elevations/photos submitted with the CUP significantly meet the requirements ofthe design standards listed in UDC. Staff will ensure that when CZC applications are submitted for construction of the multi-family buildings in the future, that the elevations comply with the UDC requirements and the submitted renderings. Internal Pedestrian Paths: Pathways should be constructed as shown on the site plan. Finch Lateral/South Sloul!h: The Finch Lateral (aka - South Slough) courses along the northern boundary of this site. UDC 11- 3A-6 requires all irrigation ditches, laterals, canals and drains to be piped. However, the City Council has the ability to waive this requirement for large-capacity facilities. In the past, the Council has granted waivers for large-capacity facilities if a 48" or larger pipe would be required. Staff recommends that the applicant provide documentation that a 48" or larf!er pipe would be required for coverinf! the Finch Lateral. If the applicant can provide said documentation prior to the City Council meetinfl on this proiect, staff recommends that the Council flrant a waiver oftilinfl the Finch Lateral. Stafffurther recommends that 6-foot tall chain-link fencinf! be constrncted or retained on the north side of the property. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. Existinll Residences/Buildinl!s: The site currently contains multiple buildings. Because the existing structures are not part of the submitted site plan, they should be removed prior to issuance of occupancy permits. Multi-familv Setbacks: The UDC does not have a specific setback between internal multi-family units (see Fire Code and Building Code for restrictions). However, UDC Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-014/V AR-06-015/V AR-06-016/PS-06-006 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 ll-4-3.27Bl requires buildings to be set back 10-feet to a perimeter property line, unless a greater setback is required by this Title (Chapter 2). There are three garages located on the west side of the development that do not meet the IS-foot rear setback requirement of the R -40 zone. Staff recommends that a full15-foot building setback be required between anv structures in this development and a perimeter property line. Refuse Areas: Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant should contact Sanitary Services Company (SSC) to approve the dumpster locations and design. Further, UDC ll-3A-12 requires the visual and acoustic impacts of these functions (dumpsters) to be fully contained and out of view from adjacent properties and public streets. Street Buffers: As mentioned above, a 35-foot wide street buffer is required adjacent to Eagle Road; and a 20-foot wide street buffer is required along River Valley Street and Allys Way/Avenue, collector streets (UDC Table 11-2A-7 & UDC 11-2B-3). UDC 11 ~3B-7C2b requires all commercial street buffers to be located on a common lot or permanent easement maintained by the property owner or the business owners association. Street buffers are not required adjacent to the other, internal streets. With the Certificate of Zoning Compliance (CZC) submittal, recorded easements for landscape buffers adjacent to the public street should be provided to Staff. Open Space: Open space is defmed as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas,or structures of habitation (UDC 11-1A). UDC ll-4~ 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet ofliving area; b) 2S0 square feet for each unit containing more than SOO square feet and up to 1,200 square feet ofliving area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The applicant states that 23% (2.7 acres) of the site is being set aside for common open space. Vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. Staff believes that the open space proposed complies with the UDC. Maintenance of all common areas shall be the responsibility of the property owner or business owners association. Fencing: The applicant has not proposed any new fencing for this development. Adjacent to the South Slough an existing chain~link fence is proposed to be retained. Staff recommends that the armlicant. at the public hearing. provide testimonv as to whether anv fencing is proposed within or around this development. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC ll-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is Regency at Ri ver Valley AZ-06-035/CUP -06-022/V AR -06-0 14/V AR -06-0 15/V AR -06-0 16/PS-06-006 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 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 UDC 11-3A- 15 andMCC 9-1-28. Private Streets: The applicant is proposing to use private streets to provide access to this project. The applicant has submitted a Private Street application as required by UDC 1l~3F-3. The private street standards are listed in UDC 11-3F. Staff is generally supportive of private streets for multi-family developments. This project is no exception. However, the Fire Department has some concerns with the substandard width of Concordia Lane. The applicant should re-design and construct all of the private streets to be 26-feet wide. and in compliance with the standards listed for Private Streets in UDC 11-3F and as mentioned in the Staff Report. Further, all private streets should be constructed to meet the Fire Department's required radii of 28' inside and 48' outside. Please see Exhibit D below for the required findings for private streets. River Valley Street and Allvs Wav: As noted above, ACHD and the City are working to get collector roadways through this section. The applicant is proposing to construct a portion of an east-west public collector roadway, River Valley Street, located at the south boundary of the site. The applicant is also proposing to construct a small portion of a north-south public collector roadway, Allys Way, at the east boundary of the site. Staff is generally supportive of this proposal. As of the print deadline for this report. Staff has not received final comments on this proiect from ACHD (draft comments are attached in Exhibit B). City Staff has discussed this proiect with ACHD Staff. (ACHD staff is looking to require the construction of 12 of a collector street. within a 40-foot right-of-way for River Valley Street; construction of Allys Way within a 70- foot right-of-way (and the possible road trust for some/all of a bridge crossing of the South Slough); and that River Valley Street be barricaded until it connects to Eagle Road.) NOTE: River Valley Street on the west side of Eagle Road. is slightly off~set to the south of the exact mid-mile location. Therefore. to line up the east and west lel!s of River Valley. a meander south is required. This taper mayor may not slightly impact the subiect property. City Staff believes that the draft conditions from ACHD are sufficient to proceed with this application. but recommends that the Commission determine whether or not it is appropriate to forward on a recommendation to the City Council on the subiect applications without first receivin€!; and reviewing official comments from ACHD (and ITD). 3. V AR Applications: The applicant is requesting variances to some of the UDC standards. Specifically, the applicant is requesting a variance to UDC ll-3C-6A, to provide less than the required amount of covered parking stalls; to UDC 1~4-3.27B3, to provide less than 80 square feet of private, useable open space for each multi.family dwelling unit; and to UDC 11-3H-4B2 to construct a temporary vehicular access to a state highway at a location other than a section line or at or the half mile mark between sections. To grant a variance, the Council needs to make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 14/V AR-06-0 15/V AR-06-0 16/PS-06-006 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 2. The variance relieves an undue hardship because of characteristics of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. Staff has provided analysis and findings regarding each ofthe variances below. Parking; The applicant is requesting the parking variance because there is an easement for the South Slough that cannot be vacated and in which the Irrigation District will not allow structures. Also, the applicant has stated that the Fire Department will not allow covered parking between the drive aisles and the building. Further, the applicant believes that a project of this size does not necessitate such a large parking ratio. Staff finds that granting the parking variance should not be detrimental to the public health, safety, or welfare. Further, staff recognizes that this is an unusually shaped lot and that there is a large irrigation easement for the South Slough that runs along the northern boundary of this site. However, if the City grants the variance it would allow a right or privilege not usually allowed. Also, as of the print deadline for this report, the Fire Marshall was unable to clarify if, in fact, they would not allow covered parking. Therefore, staff does not believe that that having an irregularly shaped lot that in encumbered by an easement is enough reason to grant the requested variances. Unless the applicant can provide written documentation from the Fire Department stating that thev will not allow covered parking between the vrovosed buildings and the private streets. then additional covered varkimz should be provided. Specificallv. excevt for the northern stalls that are within the irrieation easement. and excevt for the parkimz stalls within the round-about/water feature area, and those varkin'Z stalls on the south side of Buildine A and Buildine I (which are hiehlv visible and mostlv visitor parking). all other parkin'Z stalls should be covered. Further. in accordance with the UDC 408 total parking stalls should be provided for this development. Private. Useable Open Space: The applicant is requesting the private, useable open space variance because this area (porches and patios) is typically used for storage and creates a less aesthetic and beautiful site. Further, the applicant is constructing a BBQ area for tenants who wish to cook on a barbeque. Please see applicant's submittal letter for more. Staff finds that granting the private, useable open space variance should not be detrimental to the public health, safety, or welfare. However, staff does not believe that there is a hardship created by requiring the open space to be provided for each unit. Further, if the City grants the variance it would allow a right or privilege not usually allowed. Therefore, staff does not believe that the applicant has provided enough justification for granting the variance. This site is large enough that full compliance with the UDC standard for private, useable open space can be met without causing an undue hardship. Staff is recommendin'Z denial of the vrivate. useable oven space variance application (VAR-06-015). At least 80 square feet of private. useable open space. such as a patio or deck should be vrovided for each multi-familv dwellin'Z unit. NOTE: Staff believes that the existing elevations and buildinf! desi'Zn can be modified to accommodate this requirement without causine a sifZrlificant imvact to the submitted elevations (some windows will be revlaced with doors as access to vorches). Regency at River Valley AZ-06-035/CUP-06-022/V AR-06-0 l4/V AR-06-0 15/V AR-06-0 l6/PS-06-006 PAGElS CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 Eal!le Road Access: The applicant is requesting a temporary full-access to Eagle Road for this property. Currently, this property does not have any frontage on any other public street(s). The proposed temporary access is proposed to remain available until River Valley Road is constructed to the south. Staff finds that granting the access variance on a temporary basis should not be detrimental to the public health, safety, or welfare. Further, because of the characteristics (shape) of this parcel, access is not readily available in any other direction. Further, if the City grants the variance on a temporary basis it would not be allowing a right or privilege not usually allowed in similar circumstances. Therefore, staff believes that the applicant has provided enough justification for granting the temporary access variance. Staff is recommendinfl approval of a temporary. shared. vehicular access to Eaflle Road for this vroperty (VAR-06-016). As a condition of grantinfl the sub;ect variance, the apvlicant shall share said temporary access with the parcels directlv to the south and north. Further. once River Vallev Street is extended to Eaflle Road. said access shall be terminated. Staff Recommendation: Based on the facts provided in this report, staff recommends conditional approval of File Numbers AZ-06-035, CUP-06-022, V AR-06-014, V AR-6-016, and PS-06-006 and denial ofVAR-06-015. On AU2ust 31.2006 the Meridian Planninl! & Zoninl! Commission voted to recommend approval of the subiect proiect (but did not make a formal recommendation on any of the variance applications). 11. EXHIBITS A. Drawings 1. Landscape Plan (dated: April 2006, contains 3 sheets) 2. Site Plan (dated: March 15, 2006) 3. Elevations and Clubhouse Floor Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa-Meridian Irrigation District 10. Settlers Irrigation District C. Legal Descriptions D. Required Findings from Unified Development Code ~::... bI'l ..i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 A. Drawings I. Landscape Plan (dated April 2006, 3 sheets) - Not approved as submitted r/ ..... 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Ii : U- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 Exhibit A - Page 6 ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 Exhibit A - Page 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 Exhibit A - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 3,2006 Exhibit A - Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 ",,''','''','," -'",*",,-, C"'"'''' ~"''''~ L""T;~."wi:;1 I"","""".;, "",N,J>1 N'tfld tlDD1:::! -'~), ,:: ";j """'" " ";1]",0<'1 ,:,";lLI~'H_ _ " "", _,'", '''::,',,::', ,,:,,____~:,,: , :; i c,:: --"~ :l ~ . . _~ I > '"'": .' . <<,,',... ,-.- ":";. I. ~.:.. d;HHI ,,,', ,~: ~ ." . ) ~ : ' ~' 'I ; "",:,,'^':::::',.7::.~ .:t..:.. , , ::J t.:.;. " '" ,':;-; g' ' ' \r ~, Exhibit A - Page 10 ">.. ~~ i j a. ] l'" W .". ~ ~ 0> 3 u J " ,I ", !:j 'j"" <. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS 1.1.1 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 deyeloper. The applicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA for Regency at River Valley shall include all of the provisions listed in Section 10.1 ofthe Staff Report. 1.1.2 The site plan labeled Sheet 1 of 1, prepared by Mason & Stanfield, Inc., dated March 15, 2006, is approved, with the conditions listed herein. The applicant shall comply with all comments/conditions/provisions of the accompanying Annexation (AZ-06-035), Conditional Use Permit (CUP-06-022), Private Street (PS~06-006), Variances (V AR-06-014, V AR-06-0l5, and V AR-06-016) and subsequent Development Agreement. 1.1.3 The landscape plan prepared by Lars Anderson Designs, prepared in April 2006, is not approved as submitted. At least ten days prior to the City Council hearing, ten copies of a revised landscape plan shall be submitted by applicant to the City Clerk's Office reflecting the following changes/modifications/notes: · Provide a 35-foot wide landscape buffer (and easement) along Eagle Road, located entirely outside of the right-of-way. The landscape buffer along Eagle Road shall be designed in accordance with UDC 11-3B-7. · Provide 20-foot wide landscape buffers (and easements) along River Valley Road and Allys Avenue, located entirely outside of the right-of-way. The landscape buffers shall be designed in accordance with UDC 11-3B-7. · Except for Regency Lane, provide a 5-foot wide landscape strip adjacent to the driveways and parking areas that are adjacent to parcels that are not part of the subject development (west side of the project). Said landscape strips shall be designed in accordance with UDC 11-3B-8Cl. · Provide a landscape island at the end of the parking row near the southwest corner of building A and at the end of the parking rows where Concordia Lane and Regency Lane intersect. Said islands, and all internal landscaping, shall be constructed in accordance with UDC 11-3B-8C2. · Per UDC ll-3B-I0, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. · 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 11-3B-11 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- 3B-ll. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11- 3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to final occupancy being granted. All standards of installation shall apply as listed in UDC II. 3B-14. Exhibit B - Page 1 Submit 10 full size cavies and one 8.5" x 11 " copv of the revised landscape vlan. reflecting the changes/notes mentioned above. to the City Clerk's Office at least 10 davs vrior to the next vubUc hearing. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 3, 2006 1.1.4 Provide private streets within the multi-family and commercial portions of this development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-3F, and be constructed 26-feet wide, and have 28' inside and 48' outside turning radii. Provide a cross- access/ingress-egress easement for the parcels to the north (Parcel No. Sl104233802) and south (Parcel No. Sll04234076) to use the private streets as access to the public street system (Eagle Road). Prior to the occupancy of the first building on this property, provide a copy of a recorded cross-access/ingress-egress easement (or agreement). 1.1.5 If permitted by ITD, the applicant shall be allowed a temporary, full-access driveway to Eagle Road, as depicted on the Site Plan. Said temporary driveway shall be shared with the properties directly to the north and south. Once River Valley Street is extended to intersect Eagle Road, said temporary access shall be tenninated and the area used for the driveway shall be improved with either landscaping and/or parking. Except for said temporary access, vehicular access to Eagle Road is prohibited. 1.1.6 Provide at least 408 parking stalls for the multi-family units. Unless the applicant can provide written documentation from the Meridian Fire Department (Joe Silva or Rich Greene) stating that they will not allow covered parking between the proposed buildings and the private streets, then covered parking shall be required in front of the multi~family buildings. Specifically, except for the northern parking stalls that are within the existing irrigation easement; except for the parking stalls within the round-about/water feature area; and, except for those parking stalls on the south side of Building A and Building I, all other parking stalls shall be covered (either garage or carport). 1.1.7 Provide at least 80 square feet of private, useable open space, such as a patio or deck, for each multi-family dwelling unit. At least 10 days prior to the City Council meeting, submit to the City Clerk's Office 10 copies of revised elevations/renderings of the buildings reflecting this requirement. 1.1.8 Provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. 1.1.9 Building setbacks to the perimeter property lines shall comply with the R-40 zone; a IS-foot rear building setback is required between any building and a perimeter property line. Separation between proposed structures shall comply with the Building Code and Fire Code. 1.1.10 Prior to the first certificate of occupancy being released, the landscape street buffers along Eagle Road, River Valley Street and Allys Way, shall be constructed. 1.1.11 Prior to the first certificate of occupancy being released, the applicant agrees to either construct, or provide ACHD with a surety, for the portions of the collector roadways that are to be constructed along the south (River Valley) and east (Allys) property lines. Said collector roadways shall be constructed to ACHD's standards and requirements. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 1.1.12 Prior to the first certificate of occupancy being released, all buildings shall be removed or relocated from this site. 1.1.13 All amenities shown on the landscape plan and site plan shall be constructed. Prior to the fifth certificate of occupancy being released, the clubhouse, hot tub, pool, BBQ area, tot lot, pathways and water feature shall be installed. All other site improvements, including but not limited to 2.7 acres of open space, shall be installed prior to the release of the ninth certificate of occupancy. 1.1.14 Provide chain link fencing along the north side of the project, between the South Slough and the parking area. All perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.15 Maintenance of all common areas shall be the responsibility of the property owner and/or the business owners' association. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.1.16 The applicant shall either provide documentation that a 48" or larger pipe would be required for covering the Pinch LateraVSouth Slough, or the applicant shall be required to pipe the Finch LateraVSouth Slough. If the applicant can \,>rovide said documentation prior to the City Council meeting on this proiect, staff recommends that the Council grant a waiver of tiling the Finch Lateral/South Slough. All irrigation ditches, laterals or canals, exclusive of the Finch Lateral/South Slough, intersecting, crossing or lying adjacent and contiguous to the area being developed shall be tiled, unless otherwise approved by the Irrigation District(s). Plans will need to be approyed 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. 1.1.17 Comply with all of ACHD's requirement and conditions for this project. 1.1.18 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.19 All internal sidewalks/pathways shall be constructed as submitted and in accordance with the UDC. Exhibit B - Page 3 2. Public Works Department CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 1.1.20 As detennined by the Planning Director, the multi-family buildings and clubhouse constructed on this site shall substantially comply with the renderings and photos submitted to the City with the CUP application, and as modified by the conditions of approval herein. All roof and wall- mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards ofUDC 11-4-3.27E. 1.1.21 The future commercial building adj acent to Eagle Road shall be subj ect to administrative design review approval; shall not exceed a 15,000 square foot building footprint; shall have a variety of building materials and colors; and shall be oriented towards the adjacent arterial street (not a blank fayade facing Eagle Road). 1.1.22 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department. NOTE: Multiple multi-family buildings may be contained in a single CZC permit. 1.1.23 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.1.24 Prior to obtaining certificate( s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.1.25 Coordinate fire hydrant placement with the City of Meridian Public Warks Department. 1.1.26 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. The applicant shall install mains to and through this development; 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 In accordance with the City of Meridian's to and through policy, the applicant shall be responsible to install sewer mains stubs through both curb cuts into River Valley Street. 2.3 Water service to this site is being proposed via extension of mains in Eagle Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 To comply with the City of Meridian's to and through policy the applicant shall be responsible to construct a 12-inch water main in River Valley Street. 2.5 To alleviate redundancy concerns, the applicant shall be required to have two water main connections. The first shall be as shown on the site plan in Eagle Road. The second shall be either a bore under Eagle to the 12-inch on the west side of the road, or to the 12-inch line on the Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 north side of the South Slough at the proposed Alleys Way location. 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 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 finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-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, the developer will be responsible for the payment of assessments for the common areas prior to occupancy of any buildings on this site. 2.10 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. 2.11 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. 2.12 Per UDC Il-3A-6 all irrigation ditches, laterals or canals, exclusive of natural watelWays, that intersect, cross or lie within the area being developed shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 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 drive aisles and off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 2.14 Street signs are to be in place, road base capable of supporting emergency vehicles shall be installed, and the fire hydrants shall be operational prior to applying for building permits on this site. 2.15 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive [mal approval prior to occupancy. Other required development improvements, such as fencing, Exhibit B - Page 5 3. Fire Department CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 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. 2.22 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. 2.23 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design ofthe streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 1. Fire sprinklers required for four-plexes. 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. The island and parkin!! near Seton Lane to meet radii requirements. Exhibit B ~ Page 6 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 3.4 Fire lanes and streets shall have a vertical clearance of 13 ' 6". This includes mature landscaping. 3.5 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. 3.6 Commercial and office occupancies will require a frre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The proposed multi-family development has an estimated 204 units with a total estimated population of 592 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 The frre 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 frre and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 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 frre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For 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). 3.14 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be frre sprinklered. Full NFP A 13 sprinkler system will be required because of proposed buildinl! heil!ht and limited access with the sinl!le entry into development. 3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.16 Pool chemicals shall be stored in compliance with the International Fire Code. 3.17 Side yard fences shall not be allowed. Exhibit B - Page 7 7. Ada County Highway District (DRAFT) CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 4. Police Department 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The proposed multi-family dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans as necessary . 4.3 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.4 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.5 The fayades of the multi~family buildings shall include windows that look onto the parking areas and/or other public areas. Recommend denial ofthe variance for porches/patios, so thev look onto internal common areas. 4.6 Each building should have addresses attached (preferably on stairways). 4.7 Provide lighting along the internal pathways. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6 .1 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to Certificate of Zoning Compliance (CZC) submittal. Site Specific Conditions of Approval 7.1 For the section of River Valley Street east ofthe western driveway, construct a half street section with a minimum 24-foot of pavement, vertical curb, gutter, 7-foot attached (or 5-foot detached) concrete sidewalk on the north side, and a 3-foot gravel shoulder with a barrow ditch on the south side ofthe roadway, within 35-feet of right-of-way. Ifthe sidewalk is located outside of the right- of-way, the applicant should provide ACHD with an easement for public access. Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 7.2 For the remaining section of River Valley Street (from the driveway to the west property line; approximately 190-feet in length) construct a minimum 24-feet of pavement, striped asphalt pedestrian path, and sufficient drainage facilities within 35-feet ofright-of~way; AND provide the District with a road trust for the future construction of curb, gutter, and sidewalk along this section (to be completed with the alignment). 7.3 Construct Ally's Avenue intersecting River Valley Street at the east property line as a complete collector street section with vertical curb, gutter, and 7-foot attached concrete sidewalk within 70- feet of right-of-way; stubbing to the north at the slough. 7.4 Install barricades to restrict the use of River Valley Street until a connection is made to Eagle Road (locations and design to be determined by the District Development Review). 7.5 Provide ACHD with a road trust for one half of the construction of the crossing of the slough at the northern terminus of Ally's Avenue for a future connection with development to the north. 7.6 Construct the western driveway located 190-feet east of the west property line as a curb return, to be no greater than 36-feet wide, paved the entire width and at least 30-feet into the site. 7.7 Construct the eastern driveway located 215~feet west of Ally's Avenue as a curb return, to be no greater than 36-feet wide, paved the entire width and at least 30-feet into the site. 7.8 Coordinate all germane design and timeline functions with ITD, ACHD, the adjacent property owners, and Meridian City concerning the connection and alignment of River Valley Street to Eagle Road. 7.9 Provide access (and all necessary easements) to the adjacent parcels to the north with frontage on Eagle Road; as well as to the adjacent southwest comer parcel until access can be taken from River Valley Street. 7.10 Comply with all Standard Conditions of Approval. Standard Conditions of Avvroval 7.1 b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7 Ab Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. Exhibit B - Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387~6258 (with file numbers) for details. 7.7b 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. 7.8b 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. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11 b It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387~6l90 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b 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 ofits 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. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal Exhibit B - Page 10 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 and design a storm water management system that is preventing groundwater and surface water degradation. 10. Settlers Irrigation District 9. Nampa-Meridian Irrigation District 9.1 Applicant shall apply for a land use change application. 9.2 All laterals and waste ways must be protected. 9.3 The District's Finch Lateral courses along the north boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan. before any construction is started. is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 10.1 All irrigation I drainage facilities along with their easements must be protected and continue to function. 10.2 A Land Use Change Application must be on file prior to any approvals. 10.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 10.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 10.5 All stonn drainage must be retained on-site. 10.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. Exhibit B - Page 11 MAsON & STANFlELD,INC. PROFESSIONAL ENGINEER$,. L4ND SURVeyORS & PUl'fNERS 31.4 JW>l()t" S'tJlEl.7 C"IDWUJ., IM>>()~ l'UJ(l'IION": (~Im}"'$oI,<ll15b . ~'II.,; (208) <$'....{J97\l l'mall: lSltobb~Y@'"mn~.II~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 C. Legal Descriptions fOR: Bach Builders JOa NO.: NVl205 l)A TE: April 18. 2006 REVISED ANNEXA nON PROPERTY DF..scRlmON DETERMINEf) BY RECORD DATA . . A parcel onllnd tJeinga.portionofthe SW 1/4NW 1/4 of Section 4, TO'WDShip 3 North, Range 1 F.asi, Boise McrldJllrl. City.,of Meridian. Ada County Idaho. as sbowuontbat eetUlin Rewro of S\lf\leyNo. 6638, m;orded as It$um@l No, 104124018 on sepl.28, 1004 in lhe Ofti<<oofthe Reoordtr (If AdaXo1Ji:ltY, Idalia. byAndenlOll Suivey Group, Inc. tbr Brian WeiSs. 1l'\QW particularly described as folloW!!: CommCI'-.:i:ogatthe NW ("om.etofsaid SW 1/4 NW li4. (North lJI6 rorner common to $e(:t1oru; 4 and 5), saidCQttl!.'f hews S. 00" 36' 08" W.,l! distanGc llf1291.I7foct fromtheNW wmer ()l.M.id Set:t\ou 4; Theoce S. 00" 36' 11" W., a distlUlce of 77ti26feet., (f(lrmerly South). altmg 1he westerly bound/II:)' of said SW 114 NW 114 to the POINT OF BEGINNING; TheJtoe S. 890 2)' 49" E., It. distance of 70.00 feet. (formerly East), to a poim on th(leasll:lrly . boundary {It that cenain Wamnty Deed recorded as Instrliment No.9501 8434 in lite Offlee of the ReeOrlb ofAd4l CoUDty. ldaM, said p;>int ritonwnented with Ii fowil stS inCh diamcwr iron pill marked "ASGPLS 7314"; . . Thence along the bolltldary of said ~md of Sur:vey No. 6638 the folloWing COIJtlie$ llI1d di.stancef>: Thence continuing S. 89" 23' 49" 8.. it distal1ceQf230.00feet, (fGl;IllCJ"\yBasl).lo a fhund 5/8 inch dlameter iron pin nwked"ASG PL~ 1314"; Thenoe N. 00. .36' I I'" E.. a di$tlInce of 218.08 fed., (formerly North 218.05 feet). to a point on the southerly boundary ofthateertain "DetenninatiOl:l ufHej,s", Case No. SP IE 0300520M. ~ aSll'l3trumcnt No. 104047019 intbe <ltli= of1l1e Recorda" of Ada CU\lllty, ldabo.said poi.nt witilesHd KOO" 36' 11" W '. 1l distam;e of 40.00 feet Witb a found 518 inch diameter iron pin marked "ASGPLS 7314"; Thence continWng aloog the boundary of said Record of Survey No. 6638 and a100g the llOuthtrly boundary of said lMl:r'UInmt No. 104047079 the following C\lUfll\ljj and dilIta.nce&: ThenceN. 34" 26' II" E.. a disr.lmtcof 17.43 fect~ (formertyN. 83" 50'E.) to a point; Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 (' t -"'~"" ~~lI"I!IlU.~~~~,,~ .l, :~ I II' IJ' ,li'lllt'./<~.~~I~""'.~ (.;:: r ~. ~ \l....~ 'M t,;oj>j & !VfA'II'II:..... [N'" J>:~qt1l..fS108AI, fi,'''JN1'TP.5,.LH".~I'.I1;rQJI.''" Pl.<I'INMI:S f'lqIJl "n " Barh n..i1d."s_ MllftlFamil)'.tNJl{J$'i>U"'fY\I~i!lil1l\Re~i,"d ....UlrIC.' do, Th~'nce s. 66" 18' 49'. E.. a distance uf264_00 fe(q,{lnnncrl)' S. 6<)0 55'E), to a: p",illl,511id p,~f!1l" rcft.!:renc{\1 S. 4S~ 26' t I" W., II distance 000.00 feet wilh a f(}und 5/K il1ch d.illlllcler ,ir.,Il, pin marbd "ASO I)LS '1J14'.; Thence S.]4c 4&' 49" E.,a distance 01"227.70 (CCl.(llll'1ncrly S_ 3:i" 25'1:;,), to it point, saiup<Jin:1 re:ferenccd S, 116" +J.' 15" W., a distance of I 150 feet wiih a found:5l8 inch diauwler iron pill Olatked "ASG 1>I.S 1314": fl1mce S. 71 0 1.6' 49" I:" a di!!ltance of 132.00 teet,({ormerly S. 710 55'E. ), to a fOUll/! 5iB inch dilU1'lcttlr iron pin marked "AS(iPLS 7) 14"; Thelx:c S. 850 33' 49" E" a di:>tance of 174.90 leel,([ormerly S. 86" IO'E.), (0 llpoint, .':laid poiru rercrenced s. 27~ 42'23" W.. a distllncc 000.00 feet 'with u found 5Itl inch diameter iron pin marked "ASG PLS 7J 14"; Thence S. 40' 43' 49" E., a distanceofJ64,98 feet,(fQrmerly R 4tQ :?()'E:" a dlstant:e ,}f 36630 fuet). to a found 5/8 inch dilUlleteriron pin marked "ASG PLS 7314"; Thence S. 720 58' 49" f\.. u dil>llmCe cl'<J~).29 t~{1ormer.ly S. 730 35'n., a dislallCC of9lt34 feet}. to 11 point On the easterly boundary of said SW 1/4 NW 114, said poinl witnessl\\1 S. on" 40'48" W,. It di!ilMce ot20.00 feet with II fuuud S/8inch diameter iron pin marked "ASG PLS 1314"; TtICnce IGlvlng the southerly boUndary of said lllstrnment No. 104047U79 and rontinuing along the boundary of said Record of SlJI"iIl.'Y No. 6638, S. 00" 4(1'48" W,. a di5tatlcc of III ,65 fu~t,(f()rmcrll' SoUlh a distance of 112Jl6 feen, wOll{! the ea.'lleriy boundary of said SW 1/4 NW 1/4 to Ule SE comer ohaid SW 1/4 NW 114, (center-west 1116 cuDll:r), said COITICf monumcnlIld with around 518 inch di.llmeter iron pin llW'ked "PAT PLS 4347"; 'I1tt:ttCe N..l!"9" 45' 21" W_, a distance of 978.27 fel:l.tfonncdy West a distllnce ~)f919..24 feCI). along the lil:lutbefly boundary of said S W 1/4 NW 1/4 to ll. found Sill inch dilllnl:1er i.ron pin marked "ASG PLS 7314" whicb bean S. 89~ 45' 21"E...II distance Qf350.00 feet from the SW ct.'mcr of said SW 1/4 NW 114,( 1/4 oome:r comroon to scetiOlls 4llDd 5); ThdlCl;! N. OO~ 36' II" E., a distllnce ofI80.(l(} feet, (formerly North}. to a found 5f8 inch dilU'lwlt'r ironpinmaiked"ASG.PLS 731.f': Thence N. 89~45' 21" W,.lldiWlBce of49,86 fuet,(formerly West), to a plintQnth1;.~erly bolIDdlli)' of that cer1ain Waoanty 1J<<,d rewrtled Olli Instrument No. 7741806 in th<:: 01lice of the R~ of . Ada County, Idaho, Mid paint mOlUlIllenrcd with II fOWld 5/8 iJl(:h diameter iron pill nmrked "ASG J'LS 7314"; Uwnce N. 00" 36' .II" E.. adislance of 145.00 filet. (formerly North), aIull8 the easterly IxHlndllry of said In~lrument NQ. 7741806 to a point, said point witnessed S. OW 36' 11" W., a. disllIllCC of UJO fOOl with II found 5/8incb ditllJlClt:r iron pin rnarked .. ASG PLS 73 14 "; Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 . , \h.)\j\'\(, ".,,'::),l~,~ n'Er;/~\ ~1,~~ ~~.;,l~?'~S >,; -' l\1..;.!>(IN" IlU.WIU.lll"C ht'FI'~'WJMU'I\I(;j'''''!ilU:, 1-*"j\~FJWl'YOItf, d. I't.{VMW/,\ !'IOgOJ ..13 ' aa;:h BllikICT., MuJti l'amily.NVn!)5\Sllrwy\l<lfPJt.\Re,i~1I A!:llI~".doc Thenoo N. g9~ 45' 21" W., a distance of23014 feel,ttom'K:t!y West) along the nonm::ity \)<)ul)d,u-y of!lllid Instnuuellt No. 7741806 10 II puinl on the t'a.~lcr'ly hoUildary ofthttl smd WlU:fallty IJc<>d Instrument No. 9$018434. said pointrmmumenled "ith II found M[ inch diM:lcter iron pin mlll"kcd "ASG PLS 7314"; "lhenccc<mtilluing N. 8'JQ 45' 21" W", ad.ist.ance (lf70.lltl fOOL 1l10Dg the ClI:!l.'I'lsil)l! of$l.lid northerly boundary to /I po/Jill! on the Wel\lerly boundary of said SW 1/4 NW 114; Tbelll::eN. (II)" 36' n"K.a diNnce uf218.94 feet a.long the ea$.'tly boundaryofsllid Watrnnly ~d InstIU1\lient No.95018434 to the POINT OF 8E(;JNNING. This p.vceJ wntitin,~ 12.06 acre.5 more or 11ol1<s. All according 1(1 the recQrd of SIIfVC)' WI =dcd in tbe Office of the Ada C~}unty Recorder, SUBJECT TO: All exb'tingright'l O[WIlY and easements ufrccord or implic<l app;..w-ing (JEl the above-described pai't,-el of Ie.tltt This '. Desl<ription Was Wl'itten witbool. Ule benefit of WI. actuaJbo\lndarysll.I'Vey. The courses shown heroon were'prqllUt'd from tha1 certain Rewrd of Survey for "'663S", Retx/Tded as 1llBlrumentNo. "104124018" in the Office Qftffi: Rcc{lrder of Ada. County, Idahu. Po,,:<' ,- I\l-"f'P.O~ /\1:.-/ Rf}")1'l' ~,...,.- /!!'\~--- , , II'. <. ~ " Exhibit C - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 c-~~,~!:!~~"!:.,c>'" ~.,...._~.~,._.._,. -.. '"'"=,....-".".".. -XHUS'T Ji" ._.< ~~^ " -: ............~^~.. ............... :/,C^[C,f<; I\C'.\!J ?ji ", -' .. ..",~Jti~;1t?7'~~" '\ \~?!j,: 'r?<\ I i_.::~ ^t.::<:,""'" ~:">':"-J ,I ;: K' r;' "'I ,~:' ~,ll.:'t }:~_'1 '.~f :'>hrt~j\; ~,'-'11 , ;;, "" Lf ,,'.jp';f.":;'C: ~.l'~t. 17....;;:':' r ""'tc~.. ~j: ", \'~t~~:Pt ~~ I ..oJ! ! ~ VI ".-":' '1\:1 --',Jr'. 1(.::\.+. 0"" "'~\~k~~, '\ '~"~~~~~~~, h' Lt,f;:AIiLI -- -~ , ,p~C--1 "--81'C;;Hi;"Gm~:i<\l;'C-I" t}bI{k! (;'.:l::-:; J,i Sf ~I $:'}G~NT ~:~ C,? bPL' 8( Glt~ril'~G L 8 Co.,' ~ ~ q~ (jt ~-=;:?"<< s ~,,.,.~ (~~ i t30~t' :~;:I ;~ ."~. Of' .X'; 'r-'~o , ;2. /\cr'n,:~~. :iW;:P'l1.1 ~ (91),-'~'f; a<\ ~~~I ,.;. I , ,,,,,<<~,r~Y3~r~~.,........$~~ :':..\'.',.14 \,11 .~,~ (1.. ~~~ ll."l,";.; ~", \llJ1N"'.'1"~ ~r'~ ' ,~~ "'5(.'- ~i~~: :;;I~ ;;:: ",I""' ,dill. ,."" ~~~~~'?1~..~, _ ~,~~.~tUFJ _~ A~~ ;;;~ l"~;.~~ ." '''V;i :~, , '~,ru fr~ '>, 4\;:~ C}\~%:;!:~, i 1','j 2.~1.~ II'~'" JO(., 2Q9"'>M~~" 4lX) Rc;!'~ ~j'U~~L( . LY ,..... ..~,~ .J_"-"~ I,) I LEGEND M"'.UC.",,-N PUbdC "~:;':;"\r(S OiFI. SC~:t;~~;\.' ,1 ~~:.:.20Lr ~~~"~--~..N"N' C"';.'~':~'L,.~! iJ{f:.!~t pc Wi ~ 'I/!I .r i};J''',:'1 1.:.1'0:+'" ':"Jp ,'':>U'''';,';I!")",,-''''! (I) ;'''(.'Jrc ~'/8 ;;'0:'" <HI.. ."','.m ,.:", w/."",,,J-h (,::'p "'/1,3" ~1LS 72 ~ .~1I'4 i..,:'<o::'~~ :"1!hf"J"[ wl~,'~ r'h,)!,~"rj ~'fr' Wi!r..t~!~..~~ (:r,,,,'f!)er '1M .L!t:.i fc,"~')c('> ""rk.\n:..v'1':j:~nf' } "'I'~Ol:d~." j y 'I~O<' ~r ido:r) :'N)~ 5~~:~.'''':,.: ~"f"'9 .. j ~"'I"."._~, . ... a liO" "';cl 1Aoa&~ : - . !"Jlo"il'~"'l:il;;roJl I .-.ta.,f,el ).",mt"""'IH",rn,ii!JI-/u 'I ~"""wm"~'" ",,'''-----'---.v. I~,,_.m~.:..~=~__. Exhibit C - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 J f ~L; ;" ~ason &. t,L Pr()1oiGiotllll Fl'1gl!l(wrs, I.ane! Sur"wyr.)f~ and P[iinner" --- h~ i -r-- . -- 31" BacU()la St. CaldwQ1i, il} 133605 tan leU::12 Inc.. \;9 Ph (~>OBJ .1.54025fi Fax 12()()) 454\lYti/ <'-!ll..,I: dl!!!WjY_\-,i'~Jp"SDjL",;; FOR: Bach Uuildcn; JOB NO.: NV120.5 DATE: JUlie 8,2006 ANNEXATION PROPEU.n' m~SCRI.PTION PARCEL 1 A pared oflwld bc1nga porti<Jn nfthe SW 1/4 NW "'4 MS(,'Ction 4, Township:l Nortfi, RallJ,\t' I f':al/.t, BoiS(: Meridillll. City cf Ml:ridiM. Ada County fdaho, aslihoWl1 on that certain Record of Survey No. 663lt,.rroo.nled as Instrument No. 104124018 on Sept. 2B, 2004 in the Office GIthe Recorder ()f Ada County, ldaho. by Alldf.'tsulJ Survey Group, Inc. fOf Brian We"iSll, more flllrticu1arly described liS follows; Com.metlclng at the SW comer of said SWll4 NWl1~, (W1l4 oomer ofSeclion4J, Said comer momunentcd with a bralt.~ disk; . . Thence N. 01}'7 36' 08" E. adistancc of 54:3.94 toot a:lonl', the westerly OOunmsryuf snid SW1/4 NWI/410!he POINT OF 8E(;~NNJN(;,; Thence S. 890 23' 52" R a distanoe of 70.00 leet perpendicullllr to said westetly boundary 10 a point nlO1lumentcd with a found SIR-inch diameter iron pin; Theme cun/iuuing S. 89" 23' 52" E. II di~l.llm:e of230,OO t"eel to a found 5/8~il1ch diameter irtl!1 pill; 'Ibence K UO" 33' 54" W. 11 db1ance of217.06 reet to 3 fOUll:d 5/8-inchdi\lmeler imn pill; Thence, N. 89<' 4.5' 23" W. II distaoce of130.IS.feet paoole1wjth th~ sollt!1-;rJyoound.uy ofsahl SWll4 NWl/4 to Ii nllV1d S/8-inch diameter iron pin: llletlCe. N. 89" 45' 23" W. Ii di:rtance of70.00 feet parallel with the $(lutberly boundary ohaid SWl/4 NWI/4 to a found SIB-inch dillmelet iron pm: .ll1ence N. flO" 36' 11" E a disi.ance()f218.94 Teet parallcl witb me westerly boW1dary of :<aid SW l/4 NWI/4 to the POINT OF OF-GINNING, ThIs parcel contllinll 1..50 acres more 0{ less. Al.so, mill pm=1 is subjccllo.li\ll casemen18and fi3htll..nf.way ofret.'tlnl or implied. R~V!i!W A?PRQVA,1. SV.&,."., ~ -.d-..12J"--'" M~,'liDIAN "'liBLle WCiFK.b wEPT. Exhibit C - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 AIi!!!5!~_ . IE .-.- 1'~ It~ 'I cr:r ',..:-: :.:f"i ~. ..;:,.. ~,' -(.F ~:., ; <.... ..,.,1 ".,"., ... j;.::- > I, I, . '>".,=," .j": ',,1, ~ ~. :\.;;~: .-v: ,"', <'. > '"', " '":i:. i/: [' ~t.,_ L, ",i;,l_ ... ... ": ~'.' . !"<, ~ ";1:.' _I :. ~ ":" '" J ' ...._~~!1",~yILDERS ,.?'''-'YJIiW A?rRf'~~ "'~~;; . .\:1---- PARCEl. 1 I!XHIBrT , . "., N111201!, VE;'>>AN PUBUC 1".)PKS OE;>;, ~ l-~'" _ ~"l "" [, 1.fidf;;::,:, , _ta....r,'el'Jl:1 m_~c.lMlD_ ,.,>',', _. . . d I'''''; /IiJJ~~"'_'1 __,___1 JH ~ Exhibit C - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3,2006 ANNEX,\TION PROPERTY DESCRIPTION I'ARCF:L :2 _^4aso~ &i~_E.9':~::::~::,:~;:: Sta nh e I d Inc. 1/' Ph (208) 454.0i:5i; F,,^ (208) '1:5..\.(19i\.1 t:.-lrl;~1J: ~jJ.ull.1ho;Y~4)J;,1ttng, U} FOR: Bach BuiJtlt/'s JOB NO.: NV120S DATE: .fUJlt' 8, 2006 A pan:e1of 1~lld b",ing <I portioll of the SWI /-l NV,i' 1,'4 ..,{ Section 4. Towrl\hip 3 North, Range l East, Boise Meridian, City of Meridian, Ada Coullty Idaho. l!.~ sh"wn on thalcC:-l1ain Record of SUlVC)' No.. 6638, rcco!"dCtlllS Instrumenl No. .I 04 I 24!)18 on Sept 28. .2004 in the Office of j he Reconicr of Ada County. Idaho, by Anderson Survey' (JI'OUP, Inc. for Brian Werss, nlQlC particularly <kscdbed as follow~: (\lmmllncing nllhe SW cornel' of said SWl.'4 NW1i4, (WI:4 corner of Section 4), $U1J comer monumenled wilh a brass disk; Them:e S, 890 45' 23" E, il distance of 350,Q1rcct to the POINT OF BEGISNING, $a1d point f1l<'nunll:ntll(i with a found 5i8.jllch diameter iron pin; 111cncc N. 00" 3lJ. 08" E. a dislanc~ of 18(UJO feet parnllcl with the westerly oolmdlll')I OfSl\id Sw 1/4 NW 1/4 10 II found Si8-inch diameter iron pill; 1l1cnce N. RQo 45" 23" W. a di~lanee of 49,116 feet paml],;:! with the southerly lYlundary ()f said SWI14NW!/4 to a found SiB-inch diameter irNI pin; 'Thence N. 00. 36' 08'. E, a distance oE 145.00 feel parallel with the westerly !klllfldwy of s:dd S\/O;' 1/4 NW 1/4 In.. [(mnd Si8-inch diarneteriroIJ pin; Thence t{ OW 33' .54" E. n distance on 17,06 fee! to a f(lUnd 5/8-inch diameter Lron pin;, 'Thence N. 000 36' OS" E. It dislll1lce !)f21KORtcet parallel with the westerly boundary of said SW 1/4 NW 1/4 10 <lpoinllhlll talls inlhe South Slough; Thence along sllid Somh S.lough the following C,OllTses 3ml t1istances; Thence N.. 84"'16' OS" E. II distullce flf 17.431/;'<"1 hIll point; IlH~tlCI: S. fi6' 18' 52"K n dls.ll1ncC of 264.00 Icello <l poim; Thence S. J~" 48' 52" E.;1\ distance of227. 70 teet t{J II poi",; Thence S 7t" 16. 52" E. it disU\ll<.:e of 132.00 fC{'llo II p.)jnt; Exhibit C - Page 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAPP REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 .. ' '':1,UOt,v-:: .'r)<n,l,i,j.,t"I, t::.p1 "'\;,i;;iv.s o~, YlASO~ & 5TANFIEl.ll,[~(", Sl!R~'tnnRS,EN(ii'\L'I:'flS & PlANSl:lIS Puge 2 Thence: S tiS" 33" :<]," 12, a dislml(I' elf! 74.90 feet tO,l (Klint; Thenc..: S. 4(l" 43' 52" P.. a uis4mce of364.98 led to ~. 1'0:/11; Then..:c S nt. <;8' ~"" F. ,f " . . i\lWiI-l.;'" '.. . II Istance of 99..25 len to II pOInt ,"mlhe ea~lcrly bO\JlldIJIl".\: ohaid SW1!4 ~ hence ,leaving s~id slough S. 00" ~ T 52" W a distance of 111.66 tCe! al(!lJM 32J1d tastrrl v' d~llndaJ y tn the SE comer of saltl SWl /4 NW 1/4, Mid comer mOllulI1ented with a t;1und "/~-il1'-ll' l:Jmetenron pm.; .., ". l'hellce N 1\904 -. ,~" W d' . " '. . ; I , J -. . a .stance lit 978 J J fet.:l:l/ong the somherl:>' bOUtlJan' of ~ajd $"\Vl'4 NWli4 to the POINT Of' BF;{i'NNING. . ., , . , ThJ$ parcel contains I O.5G aCres more!)r les" Also, Ihis pared is subject to a!l euscments alia rightS.llr-way ofrc.<ord orimplit>u. ~.:~... ---:-~">"":~" ~/./"" (j' . ~ft ., ;~". Ai '-:.., #..?" Q. 936 B '~~~:.. \ --<<:ClfJ-tx:. ,+-0'/ : \f>~IJ.:-.~;.:<../ / ""'~ Hot"P"~/ ""-""'-'~ (".i.;.L .,.-/./" '1"9;1;1)'~1'1 '-''}'f~~>:\ . '", t'.{y...,...,._~J,"'_~I~'-' Exhibit C - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 3, 2006 < 0' : ~ l ,~ I ~I . i "" !i~ I!,~~ ,1:5 gl" il I I" ,1 I I , l-, m" ,-.- ,:: ,,,,.---", ~.:..~.:;~"..a:u" Exhibit C - Page 9 E:;>c..... . -=- .-.- ";'~~~~~;:::::::::::::.:~:::::::::===::::::..::::.',~~ .!ltir~~"!L lit. U'S[lQ{~ mm, 'It ,m ..~..y.."?~~ :~~~:~:~m9 ~( ( " ",I ",' / (.' '~s",,~~; '" J,"- ~I~' ~. ;1~ .".,.,~ r " ",,,m. ,,\\._ '" ~Ilf .....,..~~~';':,:,;,' , il~ ~""~~. I.,.,,:m'g ~ ...,,,-~tl;; ", , ~<.t-l ' ~~:~,." \ \' ~ ,"'.. .w _u_ ~ I :t?..,,,-:~_ l I~ 'i("it:.:r.~.~~I'" ~~..'Mk: " "'I,ti'.".; t1~1~ ,"'" '~',- I h,'''''''''''' t;~' to I ,,~:f2""" ~ .~ ~ ~;~ .;;. ~.J"i'"w- ~ - ::_:..~ ..:: - .........;,;", - ~ ~ -.~"<"':"""- ~ -. .. '" '~1~~~""'--':' ~ ;!3 ~,.t, (J, .:J4. ',~,,"I,~T ,~: ,'L"'*~"" AUlQO. R ;~ ;~,'I /' r:t: I ,;T<, Is ;~ I I .iili:vl<YJ +""'il,GVAL I,,~~ .2--t.21.'---.":' BACH BUIL.DERS PARCEL 2 EXHIBIT ~ir.:l'i:r,IAN PUSl.,::: WqPVS DEPT;, :J('ft ~Q. NVt205 M t. Pf(')k~,~,~'lq~l~ ,E"tib1t!ttt:S. t)lIf>O ,"-"fl. C')l:I1,b'l pJ.~f'(1m 2" " i15()1l ~ , U:!(ld~lJ':;rr;o:s "" .._~"~ "-<,,,~,. -7,r~",",,~i..')'~,,~"'.-::, NPll~.,:,~~ ;:.',.1':'1:.., I' = 2CQ' I t1j-:~f. /\ I'" /> 1.:1 '::"Jii,~"~.;\j~~ ('~1.',;~l,,\1\1:,';1I.~~: "Mt.l.l>,'rr~-"""m"'>>m' ~ '--_ ..j:jn Ie L.,. I',. <~.. ;'~\I:.~:'ic:~ ".;~/'~.~i'/.,~)<~ .. ~ ."~ . < '~,;;,w;;"'::'1.:~i':.rpnt ~.:~~~"m 011-/ ' 04J.l!ll'OO CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 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 (or the proposed district, specifically the purpose statement; Council [mds that there are several uses that are allowed and conditionally allowed within the requested zoning districts ofR-40 and C-c. Specifically, multi-family uses are conditionally allowed in the R-40 and several commercial uses are principally permitted in the C-C zone. Council [mds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zones. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council [mds that the proposed annexation and zoning, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 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, Council [mds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E). Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. If the Commission and determines the annexation is in the best interest of the City, staff recommends that the applicant enter into a Development Agreement (DA) with the City. 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 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. Exhibit D ~ Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the applicant has applied for three variances to the standards required in the UDC. Please see Section 10 of the Staff Report for detailed analysis. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the general design, construction, operation and maintenance of the multi-family and commercial uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Council recognizes that this is a very large and dense project for the City of Meridian. However, with the conditions of approval, any potential adverse impacts of the development should be mitigated. Council finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions and conditions of approval.) The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Development Agreement and CUP conditions and constructs all improvements and operates the uses in accordance with the UDC standards. 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. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD attached in Exhibit B. 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. If approved, the developer will be fmancing the extension of sewer, water, local street infrastructure, commercial street infrastructure, utilities and irrigation services to serve the proj ect. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact Exhibit D - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 Please see Section 10, V AR Findings in the Staff Report. fees and park impact fees (and any other impact fees in effect at the time of building permit submittal). Council finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. 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. 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. Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. B. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to he of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Private Street Findings: 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 all of the private street names. The design ofthe streets should meet 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 Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as proposed/designed and conditioned in the Staff Report. 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 does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. Variance Findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; B. The yariance relieyes an undue hardship because of characteristics of the site; Exhibit D - Page 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 Please see Section 10, V AR Findings in the Staff Report. C. The variance shall not be detrimental to the public health, safety, and welfare. Please see Section 10, V AR Findings in the Staff Report. Exhibit D - Page 4