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HomeMy WebLinkAboutThree Corners AZ-07-017 PP-07-021 ALT-07-015CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN~?- ~J In the Matter of Annexation and Zoning of 40.4 acres from RUT (Ada County) to C-C (Community Business District) (21.3 acres), R-8 (Medium Density Residential) (6.27 acres) and R-2 (Low Density Residential) (12.87 acres); preliminary Plat of 54 lots: 33 residential lots, 11 commercial lots and 10 common lots in the proposed C-C, R-8 and R-2 zoning districts; and alternative compliance for the 10 foot wide landscape buffer adjacent to local streets, by David Dean. Case No(s). AZ-07-017, PP-07-021 and ALT-07-015 For the City Council Hearing Date of: December 18, 2007 (Findings on the January 8, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-015 The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October, 2007 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final pleat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination ofthe period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-015 -2- time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 18, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-O15 -3- By action of the City Council at its regular meeting held on the ~ `~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ COUNCIL MEMBER KEITH BIRD VOTED_~ TIE BREAKER MAYOR TAMMY de WEERD VOTED. ~~ ~~~~ ~~1~ ~~~ . ~` DE WEERD .~ ~ '% ATTEST: ~TFo ~~~~ - ~i WILLIAM G. BERG, JR., CIT ~~, g , ~~ ~` -'~t~~B~~ ~ ,~~ Copy served upon: Applicant arming Department ublic Works Department City Attorney By: Dated: -~~'~o Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-015 -4- CITY OF MERIDIAN PLANNING DEPARTM-ENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 STAFF REPORT Hearing Date: TO: FROM: December 18, 2007 Mayor and City Council E IDIAN~-- IDAHO SUBJECT: Bili Parsons, Associate City Planner 208-884-5533 Three Corners • AZ-07-017 Annexation and Zoning of 40.4 acres from RUT (Ada County) to C-C (Community Business District) (21.3 acres), R-8 (Medium Density Residential) (6.27 acres) and R-2 (Low Density Residential) (12.87 acres) • PP-07-021 Preliminary Plat of 541ots: 33 residential lots, 11 commercial lots and 10 common lots in the proposed C-C, R-8 and R-2 zoning districts ALT-07-015 Alternative compliance for the 10 foot wide landscape buffer adjacent to local streets (UDC 11-2B-3) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Dean, has applied for Annexation and Zoning of 40.4 acres from RUT (Ada County) to C-C (Community Business District), R-8 (Medium-density Residential) and R-2 (Low-density Residential); preliminary plat approval of 54 lots consisting of 33 residential lots, 11 commercial lots and 10 common lots; and alternative compliance to allow the proposed office/retail buildings to front along E. Three Corners Trail with the center medians serving as the requirement for ten foot wide landscape buffer adjacent to local streets. In addition to the preliminary plat, the Applicant has submitted a conceptual site plan of how this site may be developed with a mix of retail and office uses, a private school, patio homes and three quarter acre estate lots. The site is expected to develop with office and retail uses with total square footages between 40,000 and 80,000 square feet along Chinden Boulevard and a Private K-12 School adjacent to Locust Grove Road is expected to have enrollment of 300 students. The proposed residential potion of the development will transition from higher density residential patio homes located internally, to three- quarter acre estate lots adjacent to the existing county subdivisions located along the southern and eastern property boundaries. On the submitted conceptual plan, the Applicant has depicted one full-access driveway to Locust Grove Road for the school site and one public street access for the remainder of the development. There are a total of three public roads; one street provides full access to Locust Grove into the proposed development and provides internal connectivity with the proposed commercial and residential developments and is stubbed in the southeast corner for future connectivity. The other two public streets are a looped roadway providing access to the patio homes and a cul-de-sac roadway to additional estate lots. The applicant has not proposed access to Chinden Boulevard with this application. On November 1, 2007, the Planning and Zoning Commission recommended approval of a Comprehensive Plan Map amendment for this property (CPA-07-01.1) to change the future land use designation from Medium-density Residential to Mixed-Use Community. The approval of the subject applications is contingent upon Council approval of CPA-07-011. Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 The subject property is located at 6380 N. Locust Grove Road, at the southeast corner of Chinden Boulevard and Locust Grove Road in Section 29, Township 4 North, Range 1 East, B.M. Currently, the site is agricultural land with an existing barn which is proposed to remain as part of the development. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUIVIIVIARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Three Corners Subdivision (AZ-07-017/PP-07-021/ALT-07-015), as presented in the Staff Report for the hearing date of November 15, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on November 15, 2007. At the .public hearing the Commission moved to recommend approval. of the subject AZ and PP applications. a. Summary of Commission Public Hearing: i. In favor: Tim Mokwa, Representative, John and Patricia Gridler ii. Inopposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b, Key Issue(s) of Discussion by Commission: i. The width of the proposed center medians. ii. The existing barn on the site. iii. An entryway feature located in the center median entering the Patio Home portion of the development rather than a water feature. ~, Key Commission Change(s) to Staff Recommendation: i. Condition 1.2.5 was changed from requiring 10 foot center medians to 9 foot center medians. ii. Condition 1.1.2 was changed to allow an entryway feature on Lot 1, Block 5 in lieu of a water feature. iii. Conditions 1.2.4 and 2.7 allows the existing barn to remain until time of final platting for the portion of the development where the barn is located. Si, Outstanding Issue(s) for City Council: i. None itv Council heard these items on December 18.2007. At the public hearing the ouncil aunrov ed the subiect A7 and PP request ~. Summary of Citv Council Public Hearing: i. In favor: Tim Mokwa (Applicant's Representative) vii. In opposition: None viii. Commenting: None ix. Written testimony: None x. Staff presenting application: Caleb Hood xi. Other staff commenting on annlication: None g, ev Issues of Discussion by Council• i. None ~_ Key Council. Changes to Staff/Commission Recommendation i, None Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-09 5 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-07-017 and PP-07-021 as presented in the Staff report for the hearing date of November 15, 2007, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-07-017 and PP-07-021 as presented during the public hearing on November 15, 2007, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-017 and PP-07-021 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: 6380 N. Locust Grove Road, Section 29, Township 4 North, Range 1 East b. Property Owners of Record: David Dean 1746 E. Dunwoody Court Meridian, Idaho 83642 c. Applicant: Same as above d. Representative: Tim Mokwa, Toothman Orton Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Medium Density Residential g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 54 commercial, residential and common lots on approximately 40.4 acres and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's Statement/Justification (see Applicant's application and letter): The subject property is intended to develop with a mix of retail and office uses, patio homes, a private school site and estate lots. Three distinct zoning designations are being requested to accommodate the mixed use development. The C-C zoning district would allow for the development of the school site along Locust Grove and professional offices and limited retail uses adjacent to the Chinden Corridor. The residential component of the proposed development also transitions from a higher density (Patio Homes) to estate lots. It is the intention of the developer to create a Waxed use community that is pedestrian oriented by providing pedestrian pathways through out the development and providing such amenities as a pond, tot lots, gazebos and picnic areas. Please see Applicant's submittal letter for more information. Three Corners -AZ-07-0'17 / PP-07-0121 /ALT-07-015 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation 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 Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a Preliminary Plat 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 Planning & Zoning Corrunission and City Council on this matter. c. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is not required on this matter. d. Newspaper notifications published on: October 29, 2007 and November 2, 2007 (Planning & Zoning Commission); November 26, 2007 and December 10, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: October 19, 2007 (Planning & Zoning Commission); November 21,.2007 (City Council) £ Applicant posted notice on site by: November 5, 2007 (Planning & Zoning Commission); December 8, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing barn proposed to remain on site; the remainder of the property is vacant agricultural land. b. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north, east and south sides of the parcel. A church site and Meridian Joint School District school site are located to the west of the property. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Banbury No. 6; zoned R-1-P (City of Eagle) 2. South: Single-family Residential Dunwoody Subdivision; zoned RUT (Ada County) 3. West: Church site and Central Academy High School; zoned RUT (Ada County) and R-4 4. East: Single-family Residential, Fuller Ranchettes Subdivision; zoned R1 (Ada County) d. History of Previous Actions: none e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is an existing main in Locust Grove. Location of water: There is an existing main in Locust Grove. Issues or concerns: None. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Fuller Drain and the Karnes Lateral do exist on the site and will require tiling per code. 5. Hazards: N/A Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 6. Proposed Zoning: C-C, R-8, R-2 7. Size of Property: 40.4 acres £ Summary of Proposed Streets and/or Access: The submitted Preliminary Plat shows afull- access driveway on Locust Grove Road for the school site. The applicant is also proposing a public street access onto Locust Grove located 240 feet south of Chinden Boulevard.No direct lot access to Chinden is proposed. The internal public streets are all public. ACRD has not provided Staff with comments regarding the proposed development. When comments are received, staff will include in Exhibit B. g. Landscaping: 1. Width of street buffer(s): A thirty-five foot wide landscape buffer is required on Locust Grove Road and Chinden Boulevard. Both roadways are designated as entryway corridors. By ordinance, a 35-foot wide landscape buffer is required. Furthermore, UDC 11-2B-3 requires a minimum 10 foot landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow the center medians to meet the intent of this section of the code (analysis is provided in Section 10 below). 2. Width of buffers between land uses: A twenty-five foot wide land use buffer is required between C-C zoned properties and residential properties. There are residential properties to the south and east of the subject site. 3. Percentage of landscaped area: 40% for the commercial portion of the development and future school site. Although this calculation is high, majority of the landscaping will be the 35 foot landscape buffers adjacent to Locust Grove and Chinden Boulevard and playing fields for the school site. The residential portion is providing 13% of open space for the proposed development. This is exceeding the 10% requirement in accordance with UDC 11- 3G-3. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots and micro pathways. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit and the micro pathways standards will be applied at the final platting of the project (see Exhibit B, Development Agreement Provisions and Conditions of Approval). h. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC 11-3C-6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-C, R-8, and R-2 zones: C-C Dimensional Standards Front setback:0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design standard approval: 60,000 square feet R-8 Dimensional standards: Front setback: 20' to garage and 15' to living area Rear setback: 12' Interior side setback: 5' Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Maximum building height: 35 feet Lot Frontage: 50' Minimum Lot Size: 5,000 square feet R-2 Dimensional standards: Front setback: 20' Rear setback: 15' Interior side setback: 7.5' per story Maximum building height: 35 feet Lot Frontage: 80' Minimum Lot Size: 12,000 square feet j. Subdivision Plat Information 1. Residential Lots: 33 2. Non-residential Lots: 11 3. Total Building Lots: 44 4. Common Lots: 10 5. Other Lots: N/A 6. Total Lots: 54 k. Amenities: The applicant is proposing a variety of amenities on the site. Amenities include: a pond, amulti-use pathway around the perimeter and internally to the site, a picnic shelter with barbeques, a water feature into the entrance of the patio homes, several grassy areas adjacent to a tot-lot and an entry feature highlighting the entrance into the development. See the concept plan and landscape plan for details. 7. COMMENTS MEETING On October 26, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. However, the Applicant has requested a Map amendment to change the designation of this site to "Mixed Use -Community" (CPA-07-011). On November 1, 2007, the Planning and Zoning Commission forwarded on a recommendation of approval to change the land use designation for this site from Medium Density Residential to Mixed Use - Community. Prior to the City Council hearing date, all of the applications associated with this site will be heard concurrently by the City Council. The conditions of approval for the AZ and PP application are subject to the City Council's approval of the CPA on this site. Staff is assuming Council approval of CPA-07-011. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Ilse -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEM-BER 18, 2007 Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): When the City established its Area of City Impact, it Alarmed 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: • Sanitary sewer and water service will be extended to the project at the developer's expense. • 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 (ACRD). 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. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted concept plan, the Applicant is proposing two access points to Locust Grove Road. One will provide access to the private school site and the other is a public street which provides access and inter-connectivity to the mixed use development. Staff is supportive of both access points. However, Staff has not received comments from ACHD regarding the proposed access points. No direct lot access to Chinden was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) Chinden Boulevard and Locust Grove Road are designated as entryway corridors. By City Ordinance, a 35 foot wide landscape buffer is required adjacent to both Locust Grove Road and Chinden Boulevard. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the future proposed education institution and associated office/retail uses will, in fact, contribute to the variety of services located within the area and will complement the existing and future residential developments. Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 21 acres (including the school site) for non-residential uses. The commercial portion of the development is proposing non-residential building areas between 40, 000 and 80, 000 square feet of office and retail space. The applicant is proposing R-8 and R-2 zoning for the residential portion of the mixed use community. Staff calculates the net density of the proposed project at 2.8 units to the acre which is slightly below the Comprehensive Plans standards for amixed-use community. However, due to the existing county subdivisions in this area, staff believes the proposed density is appropriate. Staff is supportive of the mixed use designation and finds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Chinden Boulevard and Locust Grove Road, makes it a good candidate for a quality mixed use development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed `Mixed-Use Community" land use designation for this property will be compatible with the surrounding properties adjacent to the site. The site is expected to develop with office and retail uses along Chinden Boulevard and a Private School site adjacent to Locust Grove Road. The proposed residential potion of the development will also transition from higher density residential patio homes located internally, to three-quarter acre estate lots adjacent to the existing county subdivisions. With Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 the commercial uses along the major roadways to the transitioning of medium density residential to low density residential, staff believes the future development of the site will not have an adverse impact on the surrounding uses. Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted from smaller site on a case-by-case basis. Staff is supportive of the proposed mix of retail/commercial and residential uses on this site. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. Personal and Professional Services and retail stores are listed as principally permitted uses in the C-C district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. However, due to their location on Entryway Corridors (Locust Grove Road and Chinden Boulevard), design review will be required for all of the commercial buildings on this site. b. Purpose Statement of Zoning District: 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. Residential Schedule of Use Control: UDC Table 11-2A 2 lists single-family dwellings as principal permitted uses in the R-8 and R-2 zoning districts. d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Applications: The annexation and zoning of this site is contingent upon City Council approval of CPA-07-011 (see Section 8 above). The applicant is proposing C-C, R-8 and R-2 zoning designations, which are generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) and residential (R-8 and R-2) zoning designation for the subject property. According to UDC 11-2B-1 Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 and UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, a private school, and single fanuly residential are principal permitted uses in the proposed C-C, R-8 and R- 2 zoning districts. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retail and office uses, a private school site, patio homes and estate lots. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mixed Use -Community for this property, Staff believes that the requested C-C, R-8 and R-2 zoning districts are appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Daniel S. Young, PLS, dated October 4, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the highly visible location of this site, and the proposed mix of commercial and residential uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan for this site demonstrating how both the commercial portion and the proposed Private School site is to develop for this project. The concept plan shows nine office buildings and a retail pad (NOTE: no building proposed on the retail pad of the concept plan) located in the northwest corner of the commercial portion of the development, at the corner of Chinden and Locust Grove. The applicant has indicated in the application that cumulative square footages for the commercial site is expected to range from 40,000 to 80,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. The concept plan also illustrates the residential lot layout for the site. Internal to the development will be patio home lots transitioning to custom home estate lots which staff finds compatible with the surrounding County Subdivisions to the east and south of the subject site. The concept plan for the school site illustrates the site design of the building and the associated playground and play fields for future students. Staff is generally supportive of the conceptual site design for this parcel. However, all commercial buildings including the school will require future CZC and DR approval (see below for additional analysis). Phasing Plan: The applicant is proposing to phase the project based on market demand. Phase 1 is to include the development of the school site (NOTE: the school site is proposing to phase the property). Phase 2 will be the commercial portion of the development and Phase 3 and 4 include Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 the residential portions (Patio Homes and Custom Homes) of the proposed development. Staff is supportive of the phasing plan proposed by the applicant. As mentioned above, the Private School site is proposing a phasing plan as well. The phasing plan indicates phasing for future school expansions. All other improvements including the parking lot, the ball fields and the playground should be bonded for and installed prior to occupancy. Access: Chinden Boulevard, a state highway, and Locust Grove Road are both classified as arterial roadways. The City typically tries to limit the number of access points to arterial streets and limits access points on Chinden Boulevard to the half mile. Except for one full-access driveway to Locust Grove Road for the school site, and one full-access public street to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard should be allowed with development of the subject property. Amenities: The Applicant has provided several amenities for the site. The concept plan shows an entry way feature into the development, amulti-use pathway around the perimeter and internal to the site, a pond, landscape street medians, tot-lot, abundant grassy open space, and picnic shelters with barbeques for the future residents. Staff is generally supportive of these amenities, and is requiring such as a provision in the DA. Staff believes the applicant has done a great job providing amenities to this development; however a central plaza with sitting benches and a water feature should be required within the commercial portion of the development along Chinden. The Applicant has also done a great job of proposing pedestrian connections between the proposed development and the adjacent future residential uses. The pedestrian walks should be constructed as shown on the concept plan. However, in accordance with the requirements of the UDC, the pathway along Chinden Boulevard should be constructed 10' in width (1,290 feet currently shown). Design Review (DR) and Certificate of Zoning Compliance (CZC): According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. In addition to the residential structures that do not require CZC or DR approval, there are 9 office buildings, one retail building and 1 private school site proposed for this site. Because the buildings will be located along Locust Grove Road and Chinden Boulevard (both Entryway Corridors), all of the commercial buildings on this site should be subject to design review approval (see UDC Table 11-3A-19). The Applicant shall be responsible to obtain DR and CZC permits from the Planning Department for all new commercial construction on the site prior to issuance of building permits. Building Elevations/Sizes: Front and rear building elevations were submitted for the Patio Homes proposed for this development. Building materials for the proposed homes include stucco and fiber cement siding, concrete the or architectural composition shingles and brick or stone accents painted in earth tone colors. Staff is supportive of theses building elevations and building materials. As stated earlier, there are 11 commercial lots (including the private school lot) proposed for this site. The applicant has submitted conceptual streetscape plans for the commercial portion of Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 the site and front elevations for the Private School but does not call out building materials. As mentioned above the commercial buildings and the Private School for the proposed subdivision will require design review. UDC11-3A-19C lists the design standards for buildings along entryway corridors. The standards are as follows: 1) facades visible from public streets shall incorporate modulations in roofline, roofline recesses and projections along 20% of the length of the facade, 2) the primary building entrance shall be clearly defined by the architectural design of the building. Windows and awnings or arcades shall total 30% of the facade facing the public street, 3) roof design shall demonstrate two or more of the following: overhanging eaves, sloped roofs, two or snore roof [planes, varying parapet heights and cornices, 4) at least two changes color, texture and materials shall be incorporated into the building design, 5) all ground level and rooftop mechanical equipment shall be screened to the height of the units, 6) exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood or other native materials, and 7) no more than 70% of the off street parking area for the structure shall be located between the front facade of the structure and the abutting streets, unless the principal building and/or parking is screened from view by other structures. All residential buildings on this site should substantially comply with the above mentioned residential building materials and colors and all commercial buildings, including the private school, should be subject to full compliance with future Design Review (UDC 11- 3A-19). PP Application: Dimensional Standards: The applicant is proposing three different zoning districts for this development. The commercial (C-C) portion of the development does not have dimensional standards. The residential zoning districts (R-8 and R-2) require minimum lots sizes. The minimum lot sizes for the detached single family residences in an R-8 zone is 5,000 square feet with a minimum of 50 feet of frontage; the R-2 standards require lot sizes of 12,000 with frontages of 80 feet. UDC 11-2A-2B1 allows properties fronting on cul-de-sacs have a minimum frontage of 30 feet. The preliminary plat submitted indicates Lots 10 and 11 of Block 1 do not meet the cul-de-sac frontage requirement and Lots 5, 6 and 8 of Block 6 do not the minimum 5,000 square feet requirement. These corrections should be made prior to signature on the final plat; all residential lots should conform to the minimum dimensional standards of the UDC. Access: As mentioned earlier, the Applicant is proposing afull-access public street to Locust Grove Road and a full driveway access to the Private School site. Except for the driveway and public roadway to Locust Grove Road, a note shall be placed on the final plat prohibiting direct lot access to Chinden Boulevard and limiting access to Locust Grove Road. In addition, across- access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. Landscaping: Locust Grove Road and Chinden Boulevard are designated as an Entryway Corridors. A 35-foot wide landscape buffer is required adjacent to Entryway Corridors (UDC Table 11-2B-3). The Applicant is proposing a 35-foot wide landscape buffer along both Locust Grove Road and Chinden Boulevard. UDC Table 11-28-3 requires a 10-foot wide landscape buffer along locaUcommercial streets. The applicant has requested alternative compliance to allow the center medians serve as the required landscaping adjacent to local streets. The intent of this request is to create an urban streetscape by constructing the future office /retail buildings up to the street as submitted on the concept plan. In Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-015 associated with the findings in Exhibit D. However, the proposed center medians should be constructed a minimum of 10 feet in width measured inside of curbs and contain materials as shown on the landscape plan. There are existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the south and east. To buffer the existing and proposed residential land uses to the south and east from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (UDC Table 11- 2B-3). The applicant is proposing trees to be planted within the 25' sewer and irrigation easement along the south and east side of the school site. City Code (UDC 11-3B-7) requires an additional 5' buffer width where the buffer is encumbered by easements or other restrictions. An additional 5'of buffer width should be required to allow for the planting of trees along the southern boundary of the school site. Landscape materials should be installed in accordance with UDC 11-3B-9 and create a barrier where the trees touch at the time of maturity. The submitted landscape plan fails to show landscaping within the parking lots. Particularly trees and other landscape materials should be installed within and at the ends of all the parking islands. All internal and parking lot landscaping should be installed in accordance with UDC 11-3B-8. Open Space: The applicant has provided 13% of landscaped usable open space, meeting the 10% minimum required by UDC 11-3G-3A-1. With the above mentioned amenities and Staff s recommendation of adding a plaza to the commercial portion of the development, Staff finds the applicant in substantial compliance with UDC 11-3G-3. Pathways: As stated earlier, the proposed development is adjacent to Chinden Boulevard: State Highway 20/26. The submitted concept plan illustrates a pathway spanning the entire length of development along Chinden Boulevard. UDC 11-3H-4 requires the applicant be responsible for constructing a 10 foot multi use pathway along Highway 20/26. Staff believes the applicant should construct a ten foot pathway along Chinden Boulevard in accordance with UDC 11- 3H-4. Development along State Highways: UDC 11-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD. Chinden Boulevard limits access to the half mile mark between section lines. The applicant has not proposed any access points to Chinden Boulevard with the submitted AZ and PP applications. As indicated on the preliminary plat for the project, the applicant is responsible for reserving 70 feet of right way for future expansion of Chinden Boulevard. Staff has conditioned this in Exhibit B below. Existing Structures: The site currently contains an existing barn that the applicant is proposing to remain. Because the existing barn is considered an accessory structure and is not accompanied by a main living (principal) structure, it should be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Staff recommends that the Applicant, at the public hearing, testify as to whether any permanent fencing will be installed on this site, particularly around the perimeter. Ditches, Laterals, and Canals: The Fuller Drain and the Karnes Lateral run through/along this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the 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 and MCC 9-1-28. Staff recommends approval of Three Corners Subdivision (AZ-07-017/PP-07-021/ALT-07- O15), as presented in the Staff Report for the hearing date of November 15, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on November 15, 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ and PP applications The Meridian ("itv Council_ heard these items on Decp**!hPr 1 R= 2007.. At the public 11gar1gP the Council approved the subject AZ and PP request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: October, 2007) 3. Landscape Plan (dated: October, 2007) 4. Phasing Plan 5. Site Plan for School Site (Phase 1) 6. Concept Plan 7. Elevations for School Site 8. Elevations for Office Buildings 9. Elevations for Patio Homes 10. Streetscape of Commercial Area B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department Three Corners -AZ-07-017 / PP-07-.0121 /ALT-07-015 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 4. Police Department 5. Ada County Highway District (no comments received) 6. Settler's Irrigation District 7. Central District Health Department C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Vicinity Map Exhibit A -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Preliminary Plat ~+.' oN.ai nn3oo ~i ~` ~~a SV'Id A~ItlNIWPIII2Id tt 6 ~~ ~ V~• ~ :H~i']~3 W6aTNNl to @ O $6YLI fa3NN1'NI 0111' ftlWM(K `Sal3NI0N3 Wa1lfK1100 YYY IbN(100 tlQtl 'OHtlQ] 'NVIQI~I3W ~'.,'„:v.`~ u~vatQO~ ~cuxsax[~Na Ho.tao-NV~.LOw. 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Exhibit A -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER I8, 2007 Phasing Plan Exhibit A -Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Site Plan for School (Phase 1) i~ ,e ~ -ti , ~~~ m.-- ,a. ,.~~ '~~. `J W ~s ~ 1111111 - _.__ _ _ ~ Itllll = _ - -- '~ ,r -- _ ~! ._ __ _ _;4- ~~ n ~_ - -° - -y ~, -_ - ---~~.c _. _. ~~ ~tm i - Q --- r Q9 ~% .. {° ~{ ~~ (n~wayGG a -~ .6{ ~' - LCATIO&IY-6tROMA1-NauaOCa@A ....n lONCHT@C98 FounaeUonen~emy SG Ambrose ChACUan H~A Stliod~ °- = ,F~ • +y [~ Fp ' /'4• ,y '.1, 71 Y'`Yt * Exhibit A -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Concept Plan ~~~ `s;aa;iyo~e ~i~ OHdal 'Nb1a1213W ~a; g sa;e~aosse g ~ney 4 ~~ NOISIn148f1S S2i3N2iO~ 3321H1 N~dld 1d3~N0~ Z ~ ~! ~ ~ a ~~ w ~~~~~~~ a C~~ ~~ I. a ® ~ 0000000 i I _ ~ Z ~ ~ ® \ U ai u _ 89 4BZL M ,65,10.00 S~ ~ ~9?v~ ~ , i i ~~~~ ~a~~ ~~ ~ m 0.; is ~ q~ c~ N O CV Q ~, ~ '\ ~ t~ I r~ ~ ~r~ r I -.~~, ,, r. :\ 6i TSB ~ ~ ~ LL J '' .3's3.~~i ~- ~ ~ ~O 1 p K ~~ ~~~t ~~ ti.V sl \ . 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'~ V J L (1V C U a~ F- c a> Q 0 a~ a~ 0 a~ D Exhibit A -Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Conceptual Streetscape ~'1l'sloall4oJe O~~ OH`dal `Nt11O1213W ~ se~elaosse +g }jney ~ d NOISIAI~8f1S S2l3N1•!O~ ~321H1 ~ i$~a SNOIl`dA313 1d3ON0~ ! ~ ~ ~ t _... .~.. ~ ..~, (~ , t1 J ~ ~. +j ,r i r' 1 ' ,1 O ~,, rt ul ~. o' ~. ~. ~.~ ~ ~ ~ s ~ ' `~ - ti W - I ' ~I, ~y ~I ~~ r. ~. ,M~ ~h~~~ ~' $~ W i ~~. ~: m r ~ ( ~~i. !III I ~. ~ 3~ C ' ~l '~ tY1 ~ ~~ .\ 'o' ~: ~ ~' ~.' ' ~ c~, g ~. 31~ - i' m/ m a i~ m' ~ ~~~ w :~ .Q .~~ .~ ,w .w ~~ I~ ;~ Exhibit A - Page12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on October 4, 2007 by Daniel S. Young, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a nunimum, the following: • Development of the property shall substantially comply with the residential elevations and building materials (stucco and fiber cement siding, concrete the or architectural composition shingles and brick or stone accents painted in earth tone colors) and the conceptual site plan submitted with the subject application (see Exhibit A), including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Commercial structures shall be built adjacent to roadways with parking to the rear and sides of the structures; - Minimum of 8 buildings with no one building exceeding 33,600 square feet. The maximum allowable non-residential square footage for this development, excluding the private school, shall be 100,000 square feet. - Provide the amenities as shown on the concept plan including but not limited to a pond with water feature, a common pathway along the perimeter and internal to the proposed development, picnic shelter with barbeques, entry feature on Lot 1 Block 5 and an entry feature highlighting the entrance into the development. The applicant shall also provide an additional plaza area within the commercial portion of the development to include sitting benches and a water feature. - Windows, awnings, or arcades totaling at least 30% of the length of the facade shall be provided for facades that are viewable from other structures; - Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The commercial building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; Exhibit B -Pagel CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 - The primary building entrances shall be clearly defined by the architectural design of the building. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any commercial building construction on the subject property. • Except for one full-access for the private school and one public street access to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard shall be allowed. • Construct a 35-foot wide landscape street buffer along Locust Grove Road and Chinden Boulevard as proposed. Include the construction of a 10 foot wide pathway adjacent to Chinden Boulevard in accordance with UDC 11-3H-4. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. • Preserve a minimum 70-foot wide right-of--way for Chinden Boulevard, and construct a minimum 10-foot wide pathway adjacent to the site. Preliminary Plat Site Specific Conditions 1.2.1 The 54-lot preliminary plat prepared by Toothrnan-Orton, dated October, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). All lots, including Lots 10 and 11, Block 1 and Lots 5, 6, and 8, Block 6, shall meet the minimum dimensional standards of the zoning district. 1.2.2 Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Locust Grove Road, except for the full-access driveway to Locust Grove Road for the school site and the public street access into the development. Said public street (E. Three Corners Trail) shall be stubbed into the southeast corner of the property for future connectivity, as proposed. 1.2.3 Across-access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the fmal plat granting said cross-access. 1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. The existing barn may remain until the portion of the development containing the barn is final lap tted. 1.2.5 The landscape plan prepared by Toothman-Orton, dated October 07, labeled Sheets 6 & 7 (attached in Exhibit A), is approved with the following notes/changes: Provide a minimum 35-foot wide landscape buffer along Locust Grove Road and Chinden Boulevard. A 10 foot wide pathway shall be constructed along Chinden Boulevard. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. Provide a 25' landscape buffer adjacent to the existing and proposed residential uses to the south and east of the school site and at the northeast corner of the site (along Lot 2, Block 9). An additional 5 foot wide buffer width shall be added to the southern and eastern boundary of the school site to allow the trees to be planted outside of the sewer and irrigation easements per UDC 11-3B-7C-lb. All landscape material shall be installed in accordance with UDC 11- 3B-9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. In lieu of the 10-foot wide street buffer adjacent to E. Three Corners Trail, construct center medians (ALT-07-015). Said medians should be constructed at a minimum of ~-A 9 feet in width measured inside of curbs and contain materials as shown on the landscape plan. • Per UDC 11-3B-10, the Applicant shal'1 work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' ItTigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 1.2.12 Maintenance of all common areas shall be the responsibility of the developer or assigns. 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. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in LJDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Locust Grove Road. The applicant shall install mains to and through this subdivision; 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 Water service to this site is being proposed via extension of mains in N Locust Grove Road. The applicant shall be responsible to install two water connections from N Locust Grove Road due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant may be required to install a PRV at any location needed to control the risk of conflicting pressure zones. Coordinate size and location with Public Works. 2.4 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 2.5 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. The existing barn may remain until the portion of the development containing the barn is final lap tted. 2.8 All imgation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/dranage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.10 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.11 .Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 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. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfrll, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an imgation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.22 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 One and two family dwellings riot exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Exhibit B -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.9 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.10 Building setbacks shall be per the International Building Code for one and two story construction. 3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3..13 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.14 Maintain a separation of 5' from the building to the dumpster enclosure. 3.15 Provide a Knox box entry system for the complex prior to occupancy. 3.16 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.17 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 There shall be a fire hydrant within 100' of all fire department connections. 3..22 Buildings over 30' in height are required to have access roads in accordance with The International Exhibit B -Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 3..23 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. 3.24 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3..25 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is snore than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3..1.1 or 903.3..1.2, the distance requirement shall be 600 feet (183 m). 4. Meridian Police Department 4.1 The police department has no concerns related to the site design of this project. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 SPECIFIC CONDITIONS OF APPROVAL 5.1.1 Comply with requirements of ITD and City of Meridian for the US 20/26 - Chinden Frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit or other required permits, whichever comes first. Contact the District III Traffic Engineer at 334-8340. 5.1.2 Dedicate 47 feet of right of way from the centerline of Locust Grove Road for the first 100 feet south Of Locust Grove/Chinden intersection abutting the parcel. The right of way purchase and sale agreement and deed must be completed and sighed by the applicant prior to the scheduling the final plat for signature by ACRD Commission or prior to issuance of a building permit or other required permits, whichever comes first. Allow 30 business days to process the right of way dedication after receipt of all requested material. The District will purchase the right of way which is in addition to existing right of way from available Corridor Preservation Funds. 5.1.3 Construct center left turn lanes on Locust Grove Road at the site approaches for E. Three Corners Trail and the school. 5.1.4 Construct a 5 foot concrete sidewalk 40 feet from the centerline of Locust Grove Road for the first 100 feet south of Locust Grove/Chinden intersection. The sidewalk will then taper to 28 feet from centerline, as proposed. Provide an easement for any segment of the sidewalk located outside of the right of way. 5.1.5 Construct one roadway to intersect Locust Grove Road, E. Three Corners Trail, located approximately 450 feet south of the northern property line, as proposed. Exhibit B -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 5.1.6 Construct one 300 foot driveway approach on Locust Grove Road located approximately 750 feet south of the northern property line, as proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 5.1.7 Construct E. Three Corners Trail from its intersection with Locust Grove bacj to its transition to a residential roadway with two 21 foot travel lanes, 9 foot center landscape islands, vertical cub, and gutter, 6 foot planter strips, and 4 foot detached sidewalks within the 64 feet right of way, as proposed. Provide a minimum 21 foot street section on either side of the center landscape islands, Provide an easement for any segment of the sidewalk located outside of the right of way. 5.1.8 Construct the residential section of E. Three Corners Trail as a 29 foot street section with vertical curb and gutter, 6 foot planter strip and 5 foot detached sidewalks within the 50 feet of right of way. Provide an easement from any segment of the sidewalk located outside of the right of way. 5.1.9 Construct E. Hawk Creek Court as a 29 foot street section with vertical curb and gutters, 6 foot planter strip and 5 foot detached sidewalk within the 50 feet of right of way. Provide an easement for ant segment of the sidewalk located outside of the right of way. 5.1.10 Construct N. Sweet Valley Circle as a standard 29 foot street section within the 42 feet of right of way, as proposed. 5.1.11 Construct one cul-de-sac turnaround with center landscape island, as proposed. Provide a minimum inside curb radius of 28 feet, and a minimum outside radius of 45 feet for the cul-de-sac turnaround. 5.1.12 Construct one stub street to the south, E. Three Corners Trail, located approximately 1,070 feet east of the western property line, as proposed. Construct one temporary turnaround on the property to the south, as proposed. 5.1.13 Construct one driveway to intersect E. Three Corners Trail, located approximately 200 feet east of the western property line, as proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. The driveway will be restricted to a maximum width of 36 feet. 5.1.14 Other than the access specifically approved with this application, direct lot access is prohibited to Locust Grove Road and Chinden Boulevard shall be noted on the final plat. 5.1.15 Comply with all Standard Conditions of Approval. 5.2 STANDARD CONDITIONS OF APPROVAL 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 5.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. Exhibit B -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 5.2.6 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. 5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 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. 5.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 5.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD 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 ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they aze 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. 5.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. SETTLERS IRRIGATION DISTRICT 6.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Fuller Drain and the Karnes Lateral. Please Contact Don Alloway of the Karnes Lateral at 323-0464. 6.2 A Land Use Change Application must be on file prior to any approvals. 6.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 6.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Boazd of Directors. 6.5 All storm drainage must be retained on-site. Exhibit B -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 6.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 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. 7.3 Run-off is not to create amosquito-breeding problem. 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 C. Legal Description Exhibit C -Legal Descriptions & Exhibit Maps Exhibit B -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ,f,~ ,~• TOOTHMAN-ORTON ENGINEEIUNG COMPANY CONSULTING ENGIIVEERS. SURVEYORS AND PLANNERS ' 9777 CWINOEN 80ULEVARO BOISE, IDAHO 83774.2008 208.323:-2388 • FAX 208-323-2399 Imise®toengrco.com Project: 07121 Date: September 7, 2007 Revised: October 4, 200'7 Page: 1 of 1 EXHIBIT '°B" Land Description of Property for Annexation To the City of Meridian; Idaho A parcel of land located in the North Half of the Northwest I/4 of Section 29, Township 4 North, Range .I East, Boise Meridian, Ada County, Idaho; being more pazticulazly described as follows: BEGINNING at the corner conunon to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29; 1) S.89°26'41"E., 1326.49 feet to W 1/16 corner common to Sections 20 and 29; thence, 2) 5.00°31' S9"W., 1324.64 feet to the east-west centerline of the NW 1 /4 of said Section 29; thence,. along said centerline; 3) N.89°36'20"W., 1328.58 feet to the N 1/16 comer common to Sections 29 and 30; thence, along the westerly boundary of said Section 29, 4) N.00°37'24"E., 994.36 feet; thence, 5) N.00°37'24"E., 334.00 feet to the POINT OF BEGINNING. CONTAIMNG: 40.4 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way, Easements of Record, and any Encumbrances. EXHIBIT "C" attached, and by this reference, made a part hereof. REVI RP VAL OCT 12 2t1~1 MERIDIAN.PUBLIC WORKS. DEPT. (This description is based on record survey data and is for Annexation purposes only. A field survey 7vgs noLCOnducted.) H:107731\WPfiles\Suivey~F~ch6-NW Parcel-Annac.da BOISE COEUR d'ALE1vE CALDWELL Exhibit C -Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 !`~ .~LT177yy+LV1T~Il11T q/11M ~~~~ON ~p POR PROPERTY LOCATED tN THE NW1/4 OF SEC170N 29, TOWNSHIP 4 NORTH,. RANGE 1 EAST, B.M., ADA COUNTY, IDAHO "P.O.B.' 1 30 M Cut. 0.a 4~.. W/JI cuY!omr rueoiYisro~i REVI APP OVAL. BY - OC~ S 2 24D1 M VdOR4C$ DEPTiC 1/.CdYLL9 M .LEGEND t ANNEXATION BOUNDARY I - "/'- - - - RIGHT-OP-WAY LINE - - - - - SECTION FINE ~ - - PROPERTY BOUNDARY .8,11 "P,O.B.' POINT OF BEGINNING ~ , st ~+ ~ ~. g w ~~ ~~, ~ ~ yy~ Y y i s~8 I I `'~ I~ ~ 1 s,era•~c r uaYmer wearnaloY L7 ma'y' BlOCR 1. Lar 10 Y I ,gT00' t s.a' L• w'pva'3 b IDa.ae• ~ 'V' t3A01 C ~ I. I iF iB x (~ ~' I ~ --w, - - - - - _ _ _ e ~i. ~~, ~~ ~ - w i iSW i ~ IOf.oT WIMMI ICODJ SUlD/WBgY Y6 I YlfMY1 YOOAt tUBNYRION Ml 1 ~' Y 0 200- 400 800 1200 TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINOEN 80ULEVARD BOISE. IDAHO 63714-2008 PHONE: 206-323-2288 PAX: 208-323-2399 E-FB.E• E)uit-Nrtai7t wP.ag atc, llr+-m •ae:onn Exhibit C -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ~I '-~ TOOTBiMAN-ORTON .ENGINEERING COMPANY CUNSULTWG ENGINEERS,'SURVSYORS AND PLANNERS ' 9777 CHINDEN BOULEVARD BOISE,, IDAHO 83714-2008 208.323-2288 FAX 208-323-2399 boise~toengrrn.com Project: 07121 Date: September 7, 2007 Revised: October 4, 200'1 Page: 1 of 1 EXHIBIT "A" Three Corners Subdivision Preliminary Plat Description A parcel' of land located in the North Hal#' of the Northwest 1/4 of Section. 29, Township 4 North, Range 1.East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the corner common to .Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, 1) S.89°26'41"E., 1326.49 feet to W 1/16 corner common to Sections 20 and 29; thence, 2) 5..00°31'59"W., 1324.64 feet to'the east-west centerline of the NW 1/4 of said Section 29; thence, along said centerline, 3) N.89°36'2Q"W., 1328.58 feet to the N 1/16 corner common to Sections 29 and 30; thence, ..along the westerly boundary of said Section 29, 4) N.00°3'7'24"E., 994.3.6 feet; thence, 5) N.00°37'24"E., 334.00 feet to the POINT OF BEGINNING. CONTAINING: 40.4 acres, more or less. SUBJECT TO all Covenants; .Rights, Rights-of--Way, Easements of'Record, and any Encumbrances. REVI PR VAL EiY OCT 12 ~0~7 MERIDIAN PUBLIC WORKS DEPT. (This descripl:on is based on record survey data and is for Preliminary Plat purposes only. A, field survey was .not conducted) H:1071211WPfileslSurveylfxtiA-3 Comers Sub-Prc:Plecdce BOISE COEIJR d`ALENE CALDWELL Exhibit C -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .-,. ,--~ t TUOTHMAN-ORTON ENGINEERt1~iG COMPANY GDI`ISUCrINO ENGtNEERS,.SIJRVE:YORS AND PLANNERS • 9777 GHINDEN 80ULEV9RD 8015E, IDAHO`837142008 208-323-2288 FAX 208-323-2399 tioise®toengrco.com Project: 07121 Date: September 7,.2007 Revised: October 4, 2007 Page: 1 of 2 . EXHIBIT "D" - Land Description of:Property for Rezone to C-C Zone A parcel of land located in the North Half. of the Northwest 1/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, .Ada County, Idaho, being more particulazly described as follows: BEGIIyNING at the corner common to Sections 19,, 20, 29 and 30; thence, along the northerly boundary of said Section 29', 1) 5.89°26'41"E., 1326.49 feet to W 1/16 comer common to Sections 20 and 29; thence, 2). S.00°31'59"W., 342.50 feet; thence, 3) 5.58°11'08"W., 24U.00 feet; thence, 4) N.24°02'58"W., 39.52 feet; thence, 5) Northwesterly along a curve to the left having a radius of 300.00' feet, an asc length of 342.45 feet, through a central. angle of65°24' 11'', and a chord bearing and distance of N~.56°45'03"W., 324.16 feet; thence, 6) N.89°27'09"W., 187.49 feet; thence, 7) Southwesterly along a curve to the left having a radius of 300.00 feet, an arc length of 269.24 feet; through a central angle of S 1 °25' 19", and a chord bearing and distance of S:64°50' 11"aV., 260.30 feet; thence, 8) S.39°07'32"W., 15.56 feet; thence;. 9j 5.44°26'45"E., 183:17 feet; thence, 10) Southwesterly along a curve to the left having a radius of 121.00 feet, an arc length of 70.79 feet, through a central angle of 3.3°31'0.9", and a chord bearing and distance of 5.17°18'49"W., 69.78 feet; thence, ll)S.00°33'15"W., 14.83 feet; thence, 12) S:89°59'56"W., 3.09 feet; thence, 13) S.00°37'20"W., 730.62 feet to the east-west centerline of the NWl/4 of said Section 29; thence, along, said east-west centerline, H:107121\WPrilesL$urvey\ExhD~ilV Parcel-Rezone C-N.dac BOISE' • COEUR d'ALENE CALDWELL Exhibit C -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .--~ .^+ TOOTHMAN-ORTON ENGINEERIIVG COMPANY Project: 07121 Date: September 7,.2007 Revised: October 4; 200') Page: 2 of 2 14) N,.89°36'20"W.,~ S L0.00 feet to~the N 1l16 comer common to Sections 29 and 30; thence, along the. westerly boundary of said Section 29, 15) N;00°3724"E„ 1.328.36 feetto .the POIIVT OF BEGINMNG. CONTAINING: 21.3 acres, more or less. $UB:TECT TO all Covenants, Rights, Rights-of--Way, Easements of Record, and any Encumbrances. EXHIBIT "G" attached,, and by this reference, made a part hereof. (7T~is description is based on record survey data and is for Rezoning purposes only. A field survey was not conducted) pR VAt' REVIE , gY OCR ~ 2 ~'~~ M wpRKS OERTtG H;107.1211WPfiles~Survcy~FxhD-NW Paicel•Reiono-C-N.da p1~T` Eq~`S`pb 5' 122 a O +~ o~ rc'~o •$.ro . 2 Exhibit C -Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 r. ~^, ~ ~ ' ^ TOOTHMAN-ORTON ENGINEERING COMPANY , • CONSUL7TN0'ENOINEERS. SURVEYORS AND PLANNERS ' 9277 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 FAX 208323-2399 Boise®tcengrco.com Project: 071.21 Date: September 7, 2007 Revised: October 4, 2007 'Page: 1 of 2 EXHIBTT "E" Land Description. of Property for Rezone to R-2 Zone A parcel of land located in the North Half of the Northwest 1 /4 of'Section 29, Township 4. North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the comer common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, A) 5.89°26'41"E., 1326.49 feet to the W 1/16 comer common to Sections 20 and 29; thence, B) 5.00°31'59"W., 342:50 feet to the POINT OF BEGINNING; thence, i) S.00°31'59"W., 982,14 feet to the east-west centerline ~~f the NWl/4 of said Section 29; thence, along said east-west centerline, 2) N.89°36'20."W., 8'1$.58 feet; thence, leaving said east-west centerline, 3) N.00°37'20"E., 730:62 feet; thence, 4) N.89°59'56"E., 3_.09 feet; thence, 5) 5.00°33''15"W., 24.55 feet; thence, 6) Southeasterly along a curve to the left having a radius of 221.61 feet, an azc length of 563.27 feet, through a central angle of 171 °29'0] ", and a chord bearing and distance ofS:89°25''45"E., 442.00 feet; thence, . 7) N.00°33' 15''E., 3938 feet; thence, $) Northwesterly along a curve to the left having a radius of 12'1..00. feet, an azc length of 18.48 feet, through a central angle of 08°45'07", and a chord bearing and' distance of N.03 °49' 19"W.,18.46 feet; thence, 9) 5.87°26'30"E., 169.18 feet; thence, 10) Northeasterly along a curve to the left having a radius of 125.00 feet, an arc length of 1.9.47 feet, through a central angle of 08°55'3?", and a chord bearing and distance ofN.02°09'59"E., 19.45 feet; thence, H:107121\WPfileslSurvey\Exh&NW PaiEel-RewneR-2.doc 1. BOISE • COEUR d'ALENE CALDiNELL Exhibit C -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ^, TOUTHIGIAN-URTON ENGIIVEE1tDVG COMPANY Project: 07121 Date: September 7, 20.07 Revised: October 4, 2007 Page: 2 of 2 ''1 11) Northwesterly along a curve to the left having a radius of 29.50 feet, an azc length of 14.48 feet, through a central angle of 28°07'U2", and a chord bearing and distance of N.16°2.1' 1.8"W.,,14.33 feet; thence, 12}N.30°24'49"W., 36.25 feet; thence, 13)N.24°02'58"W., 15.69 feet; thence, 14) N.58° 11'08"B., 276.33 feet to the POINT OF .BEGINNIIVG CONTAINING: 1:2.87 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-VJay, Easements of Record, and any Encumbrances. EJ!~IT "G" attached, and by this reference, made a part hereof. (This description is based on record survey data and'is for Rezoning purposes only. A field survey was not conducted.) ttra`d! ~Al !-51 pG~ 12 267 WORKS DEPl.'C v ~a 1.2021 .~.1• - q - ~?. H:1D7121\wPfile;VSurvey\Fch~Nw Per6el-Rezone R-2.d°c 2 Exhibit C -Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .~ r '1~00THMAN-ORTON ENGINEERING COMPANY • • CONSUL77N0 ENOINFERS, SURVEYORS AND PLANNERS ~ 9777 CHINOEN BOULEVARD BQISE, IDAHO 83714-2008 208-323-2288 FAX 208-323-2.399 boise@loengrco.com Project: 07121 Date: September 7, 2007 Revised: October 4, 2007 Page: 1 of 2 EXHIBIT "F" Land Description of Property for Rezone to R-8 Zone A parcel of land 1'ocated in the North Half of the Northwest 1/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian; Ada County, 3daho, being more particularly described as follows: C01VI1VIENCING at the comer common to Sections 19, 20, 29' and 30; thence, along the northerly boundary of said. Section 29, A) 5.89°26'41 "E., 1326.49 feet ~to the W 1 /l 6 comer common to Sections 20 and 29; thence, B} S.00°31'59"W., 342.50 feet; thence, C) SS$°11'08"W., 240.00 feet to the ROINT'OF BEGINNING; thence, 1) 5..58°I 1'08"W., 3633 feet; thence, 2) S.2'4°02'58"E., 1.5.69 feet; thence, 3) S30°24'49"E., 3625 feet; thence, 4) Southeasterly along a curve to the right having a radius of 29.50 feet, an arc length of 14.48 feet, through a central angle of 28°07'02'', and a chord bearing. and. distance of S.16°3.1'1.8"VJ.,.14.33 feet; thence, 5) Southwesterly along a curve to the right having a radius of 125:00 feet, an arc length of 19.47 feet, through a central angle of 08°55'33", and a chord bearing and distance of S.03°09'59"W., 19'.45 feet;. thence, 6) N.87°26'30"W., 159.1'$ feef; thence, 7) Southeasterly along a curve to the right having a radius of 121.00 feet, an arc length of 18.48 feet, through a central angle of08°45'07"; and a chord bearing and distance of S.03°$9'T9"E., 18.46 feet; thence; 8) 5.00°33' 15"W., 3938 feet; thence, 9) Northwesterly along a curve to the right .having a radius of 221:61 feet, an arc length of b63.27 feet, through a central angle of 171 °29'01 ", and a chord bearing and distance-ofN.89°26'45"W., 443.00 feet; thence, H:\07121\WPtileslSurvey~HcliF-L(W Parcel-Rezone R-B.doc, BOISE • COEUR d'ALENE CALDWELL Exhibit C -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .-. .-~. TOOTHMAN=ORTUN ENGIIYEER[NG COMPANY Project: 07121 'Date: September 7, 2007 Revised: October 4, 2007 Page: 2 of 2 10) N:0:0°33' I S"E., 39.38. feet; thence, 11) Northwesterly along a curve to the right having a radius of 121.00 feet, an azc length of 70.79 feet,, through a central angle of 33°31'OS+", and a chord bearing and distance bfN.17°l8'49"E., 69..78 feet; thence, I2) N.44°26'45"W., 183.17 feet; thence, 13)N.39°07'32"E., 15.56 feet; thence, 14)Northeasterly along a curve .io the right having a radius of 300.00 feet, an azc length of 269.24 feet, through a central'. angle of 51 °25' 19", and a chord bearing and distance of N.64°50' 11'x., 260.30 feet; thence, 15) S.89°27'09"E., 187.49 feet; "thence, 16) Southeasterly along a curve to the right having a radius of 300.00 feet, an arc length of 342.45 feet, through a central angle of 65°24'' 1 i'", and a chord bearing and distance of 5..56°45'03"E., 324.1.6 feet; thence, 17) 5.24°02'58"E., 39.52 feet to the POINT OF BEGINNING. CONTAINING: 6.2T acres, more or less. SUBJECT TU ail Covenants, Rights, Rights-of--Way, Easements of Record, and any Encumbrances. EXHIBIT "G" attached, and by this reference, made a part hereof. (This description is based on record survey data and is for Rezoning purposes only. A field survey wus rto! conducted) REUlEVS VnL BY OCT 12 ~~~7 ~ WORKS DE'PT~F~ H:\0712I1WPf iei\Survey\EzhF-NW Parcel-Rewne R=B.doc 2 Exhibit C -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ~` . .. .. FJYf~IT °G" " REZONE .~fAP FOR. PROPERTY LOCATED IN THE NW1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO W:0 f.evM'd r. j-___~. - - - -- - - 10 ~ 1/..COR611 10 PROPOSED C-C ZONE.- =-= _ SEE EXHIBIT "D" I.E'~s,E~ ~'- :.1~~ w. e ~ t I. w d ~+, ~ ~ .^ $ a I ' ~ c V. ~ ~.vaa' .- - ° sm..-. - nrrw moos svrovnsror ra e REVIE R A4 0 200 400 800 1:200 BY_-( OCT 12 2607 MERIDIAN.P.UBLIC TOOTHMAN-ORTON ENGINEERING CO. yygRKSDEP7 ENCIhEERS .SURVEYORS PLANNERS 9777 'GHINOEN $OUIEYARO BOISE, IDAHO 83714:-2008 PHONE: 208-323-2288 FAX: 208'-323-2399 C-ESE: ExHC-REZONE ukP.d.g MTC:10/a/07 JOB:07i2i .-~ RE20NE BOUNDARY ~ vr- - - - RIGHT-Of-WAY LINE 1 - - - - - SECTION LINE is _ - - PROPERTY BOUNDARY "P.0.8." POINT Of BEGINNING I _ rI $ $I n I I ~ ' Z r ~ a J I 2 ~\ ?a I ourrrocr susmttmr I 40.1]D't u1.U' ;;~*~"~ LOT 16 BLOCK f DUNR'OODY SUBDIVISION a.oe• ..er. • ~ '9~"p , tmae a ao.cv . u",o. ~ u,.ar ~ CURVE TABLE URVE LENGTH RADIUS DELTA TANGENT CHORD BEARING Ct 14.48 29.50- 28'07'02" 7.39. 14.33 516'21'18"E C2 19.47 p25.00 08 55'33" 9.76 19.45 S02'09'S9"w C3 1'8.48 127:00 .08'45'.07" 9.26 18'.46 S03'99't9"E C4 . fi63.27 221.61 171'29'01 " 2976.36 '442:00 N89'.26'45"W CS 70.79 12T:00 33'31`09" 35.44 69.78 NYT18'49"E C6 2b9.24 300.00 Sr25`19" 1a4.45 260.30 N64'S0'1i"'E C7 342.45 300.00. 65'24'a 1" 192.61 32a;16 556'45'03"E Exhibit C -Page ] 0 Y __ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 D. Required Findings from Unified Development Code 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C-C, R-8 and R-2. The City Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if the proposed Comprehensive Map Amendment is approved by City Council. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that professional offices, retail uses, private schools and medical clinics would be permitted uses within the C-C district and single family detached units are allowed in the R-8 and R-2 district (single-family attached units are allowed in the R- 8district only). The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C, R-8 and R-2 districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment to C-C, R-8 and R-2 will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that a zoning amendment to C-C, R-8 and R-2 for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City 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. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to C-C, R-8 and R-2 would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. Exhibit D -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan subject to approval of the CPA by City Council. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, The City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, Staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic 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. Exhibit D -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the submitted landscaping plan meets the intent of the City's landscaping code and provides increased buffering to the future residential portion of the development. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The City Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. City Council finds the conceptual landscape plan incorporates innovative design by using center medians as the proposed buffer adjacent to local streets. Additionally City Council finds this design contributes urban streetscape of the proposed mixed use development. Therefore, City Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D -Page 3