HomeMy WebLinkAboutWoodland Springs AZ-07-014 PP-07-019CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDR IAN,! --
~J
In the Matter of Annexation and Zoning of 7.55 acres from RUT and Rl (Ada County) to
C-N (Neighborhood Business District), AND Preliminary Plat approval of 4 commercial
lots on 7.55 acres in the C-N zoning district, by Morgan Development.
Case No(s). AZ-07-014 and PP-07-019
.For the City Council Hearing Date of: December 18, 2007 (Findings on the January 8, 2008
City Council agenda)
A. Findings of Fact
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.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-014 and PP-07-019
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 that 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 August 19, 2007 (stamped received on 10-26-07 by the City Clerk) 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
plat, 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 pleat.
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 of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions., the Director or City Council may require
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-014 and PP-07-019
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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-07-014 and PP-07-019
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By action of the City Council at its regular meeting held on the ~ ~~ day of
2008.
VOTED
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED_~
TIE BREAKER
MAYOR TAMMY de WEERD VOTED
~~~ ~~ ~~• vey y~O__ ~( Y
ATTEST: ~ .~
~p~ ~ ~~ _
WILLIAM G. BERG, JR.' ~K• .~,
~~~~~~~irin n~~~~`~~~
Copy served upon: ~~ Applicant
~ Planning Department
Public Works Department
City Attorney
Bye ~Q Dated: ~-~~-~~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-07-014 and PP-07-019
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
STAFF REPORT E TDTA~
Hearing Date: December 18, 2007 I D A H O
TO: Mayor and City Council
FROM: C. Caleb Hood, Current Planning Manager
208-884-5533
SUBJECT: Woodland Springs
• CPA-07-014
Comprehensive Plan Land Use Map Amendment to change approximately
7.55 acres from Medium Density Residential to Mixed Use -Community
• AZ-07-014
Annexation and Zoning of 7.55 acres from RUT and R1 (Ada County) to
C-C (Community Business District)
• PP-07-019
Preliminary Plat of 4 commercial lots on 7.55 acres in the proposed C-C
zoning district, by Morgan Development.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The subject Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use
Map of the Comprehensive Plan. The Applicant, Morgan Development, is proposing to change the
existing "Medium Density Residential" future land use designation to the "Mixed Use -Community"
designation for a seven and one-half acre parcel. Concurrent with the CPA request, the Applicant has
applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval to annex and zone 7.55 acres
to C-C (Community Business District) and subdivide the property into 4 commercial lots. The subject
annexation and preliminary plat are contingent upon approval of the concurrent map amendment (CPA-
07-014). If approved, the subject Map amendment would not change the Future Land Use Map
designation for any other parcels or for any other features of the Comprehensive Plan.
Approval of the subject applications would allow the Applicant to obtain a commercial zoning district.
The Applicant has submitted a conceptual site plan of how this site may be developed with a convenience
store/gas station, a rnedicaUdentaUprofessional office building, and amulti-tenant commercial building.
On the submitted conceptual plan, the Applicant has depicted one full-access driveway to Locust Grove
Road; no direct lot access to McMillan Road is proposed. The Applicant is also proposing to complete the
remaining portion of the north-south public street (Beethoven Avenue) in Portico Place Subdivision to the
east, and take driveway access from this local roadway. NOTE: Originally, the Applicant presented a site
plan that showed aright-in/right-out access to McMillan Road. ACHD did not approve the right-in/right-
out driveway to McMillan Road and the Applicant has submitted a revised concept plan and plat. This
Staff report is based on the revised site plan, preliminary plat and landscape plan.
The subject property is located on the northeast corner of Locust Grove Road and McMillan Road, in
Section 29, Township 4 North, Range 1 East, B.M. Currently, the site is comprised of 3 tax parcels
zoned RUT and Rl in Ada County and contains two homes and outbuildings. The Applicant intends to
remove the existing structures and construct a commercial development. The subject property is within
the City's Area of Impact and Urban Service Planning Area.
Per Idaho Code, Comprehensive Plan Map Amendments are allowed only every six months. It has been
more than six months since the Comprehensive Plan Future Land Use Map has been amended. The
woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
previous recommendation of an amendment to the land use map by the Colnrnission occurred on April 19,
2007. This time frame exceeds the minimum six month requirement between the last and the current map
amendment request.
2. SUMMARY RECOMMENDATION
The subject Comprehensive Plan Map Amendment, Annexation and Zoning, and Preliminary Plat
applications were submitted to the Planning Department for concurrent review. By City Ordinance, the
Planning & Zoning Commission makes recommendation to the Council on all of the subject
applications. Staff is recommending approval of Woodland Springs (CPA-07-014/AZ-07-014/PP-
07-019), with a Map designation of Mixed Use -Neighborhood (not Mixed Use -Community as
proposed by the Applicant) and a C-N zoning district (not C-C as proposed by the Applicant). See
the analysis in Sections 8, 9 and 10 and the Findings listed in Exhibit B of this Staff report.
The Meridian Planning & Zonin Commission heard these items on November 1, 2007. At the
public hearing they moved to recommend approval of the subject CPA, AZ and PP applications.
a. Summary of Commission Public Hearing:
i. In favor Todd Myers Matt Morgan, Don Lilyguist -Bud and Clyde Brinegar
signed up "for" on the hearing sign in sheet but did not testify)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony Applicant's a-mail response to staff report, dated 10-26-07
v. Staff presenting application: Caleb Hood
vi. Other staff commenting on application: None
1L Kev Issue(s) of Discussion by Commission:
i. Potential for fast-food and/or drive-through users on this site;
ii. Dumpster locations;
iii. Deliveries and hours of operation;
iv. Vehicular interconnectivity; and,
v. Perimeter fencing.
~, Kev Commission Change(s) to Staff Recommendation:
i. Required an 8' tall vinyl fence along the north and east property lines. See
Condition 1.11 in Exhibit D.
sl. Outstanding Issue(s) for City Council:
The Merid i.
ian C None
ity Council heard these items on December 18 2007 At the nublic hearin~he
Council a
~, nnrov
um e~l the subject applications.
mary of i Council Public Hearing:
i. In favor: Todd Meyers
ii. In opnosition• None (Corey Sandvelt signed in at the nublic hearing but did not
testi
iii. Commenting: None
iv. Written testimony: None Staff nresenting annlication: Caleb Hood
v. Other staff commenting on annlication: None
g, KAY iss sec of Discussion by Council:
i. Potential for a car wash faci_lity_
ii. Few
iii. Hours of oneration
Woodland Springs -CPA-07-0'14 / AZ-07-014 / PP-07-019 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
~_ Key ouncil Changes to Staff/Commission Recommendation
i. Prohibited anv car wash (vehicle washing facilitvl on this site.
ii. Allowed/Reauired six-foot tall perimeter fencing.
iii. Limited hours of operation for the two buildings near the residential homes from 6
am to 11 pm (as stated in the staff reportl.
iv. Supported the Comprehensive Plan desiQnation_of Mixed Use - Neiehborhood and
the zonine of C-N.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant and public testimony, I move to approve File Numbers
CPA-07-014, AZ-07-014, and PP-07-019 as presented in the Staff report for the hearing date of
December 18, 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 deny File Numbers CPA-
07-014, AZ-07-014, and/or PP-07-019 as presented during the public hearing on December 18,
2007, for the following reasons: (you should state specific reasons for denial of the CPA, AZ and
PP requests.)
Continuance
After considering all Staff, Applicant and public testimony, I move to continue File Numbers
CPA-07-014, AZ-07-014, and PP-07-019 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
Site Address/Location: 1630 & 1720 E. McMillan Road, on the northeast corner of Locust
Grove Road and McMillan Road, within Section 29, Township 4 North, Range 1 East.
b. Property Owners of Record:
Matt Morgan
5145 S. Heyrend Drive
Idaho Falls, ID 83403
c. Applicant:
Morgan Development
5145 S. Heyrend Drive
Idaho Falls, ID 83403
Norma Enlow
1720 E. McMillan Road
Meridian, ID 83646
d. Representative: Todd Meyers, Morgan Construction
e. Present Zoning: RUT & R1 (Ada County)
f. Present Comprehensive Plan Future Land Use Designation: Medium Density Residential
g. Description of Applicant's Request: The Applicant is requesting a change to the Future
Land Use Map designation for this property; annexation and zoning; and, preliminary plat
approval for four commercial lots on approximately seven and one-half acres.
h. Applicant's Statement/Justification (see Applicant's application and letter): "With the
increasing traffic flow on both Eagle Road and meridian Road drivers will find alternate routes
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
that shall increase traffic onto Locust Grove. Commuters will need services including fuel that
are located on their direct route to and from work. The increasing number of residential
properties will create a demand for retail services. Close retail services will reduce resident's
needs to drive long distances on crowded arterial streets and will increase to availability to
access retail service by pedestrians." Please see Applicant's submittal letter for more
information.
5. PROCESS FACTS
a. The subject application will in fact constitute a Comprehensive Plan Amendment 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 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.
c. 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 Commission and City Council on
this matter.
d. Newspaper notifications published on: October 15 and 29, 2007 (Planning & Zoning
Commission) (Planning and Zoning Commission); November 26, 2007 and December 10,
2007 (City Council)
e. Radius notices mailed to properties within 300 feet on: October 5, 2007 (Planning and Zoning
Commission); November 21, 2007 (City Council)
f. Applicant posted notice on site by: October 22, 2007 (Planning and Zoning Commission);
December 8, 2007 (City Council)
6. LAND USE
a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject
site.
b. Description of Character of Surrounding Area: The properties directly to the north and
east are designated Medium Density Residential on the Comprehensive Plan Future Land Use
Map. The property to the west is designated Low Density Residential. The property to the
south is designated Public/Quasi-Public. Most of the properties surrounding this site are still
currently underutilized and contain single-family homes.
c. Adjacent Land Use and Zoning:
North: Single-family residence, zoned RUT (Ada County)
South: Idaho Power Substation, zoned R-8
East: Future single-family homes, Portico Place Subdivision, zoned R-8
West: Single-family home, zoned RUT (Ada County)
d. History of Previous Actions: In late 2006, an annexation application was
submitted for 2.4 acres of the subject property. That annexation application (AZ-06-054)
requested L-O zoning. On February 13, 2007 the City Council denied the annexation
application. The Applicant has since acquired the adjacent 5 acres.
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is an existing main in Locust Grove.
Location of water: There are existing mains in Locust Grove, and McMillan.
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: There are some irrigation ditches that lie on or adjacent
to this site. The North Slough Lateral bisects this site; the Applicant is proposing to
cover this facility. The Shavrer Lateral lies along the east boundary of this site; the
Applicant is proposing to cover this facility. The Settlers Canal currently lies on the
south side of McMillan Road. However, ACRD is proposing to relocate the Settlers
Canal to the north side of the roadway, abutting this site. Please see McMillan/Locust
Grove Intersection in the Analysis section below for more information on the
relocation of the Settlers Canal.
5. Hazards: N/A
6. Proposed Zoning: C-C
7. Size of Property: 7.55 acres
£ Summary of Proposed Streets and/or Access: The submitted Concept Map shows afull-access
driveway on Locust Grove Road. ACRD has approved a full access to Locust Grove Road
located 320 feet north of McMillan Road, but prohibited any driveway access to/from
McMillan Road. Access to/from the site from McMillan will be provided from Beethoven
Avenue located along the east property line (shared with Portico Place). A cross access
easement should be created so that all of the lots in the development have access to the public
street system.
g. Landscaping:
1. Width of street buffer(s): A twenty-five foot wide landscape buffer is required on Locust
Grove Road an arterial road. McMillan Road is also an arterial road, but is designated as an
entryway corridor. By ordinance, a 35-foot wide landscape buffer is required along
McMillan Road.
2. Width of buffers between land uses: A twenty-five foot wide land use buffer is required
between C-C zoned properties (Applicant's requested zoning district) and residential
properties. A twenty foot wide land use buffer is required between C-N zoned properties
(Staff's recommended zoning district) and residential properties. There are residential
properties to the north and east of the subject site.
3. Percentage of landscaped area: ---25.8%
4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around parking
lots. The landscaping standards for parking lots will be applied as part of the issuance of a
Certificate of Zoning Compliance permit (see Exhibit D, Development Agreement
Provisions and Conditions of Approval).
7. COMMENTS MEETING
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
On October 12, 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
Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All
of the received comments are "standard" and have been included within this report (Exhibit D).
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. In Chapter VII of the Comprehensive Plan, "Medium Density" areas provide
for smaller lots for residential purposes within City limits. Uses may include single-family
homes at densities of three to eight dwelling units per acre. The Applicant is requesting a Map
amendment to change the designation of this site to "Mixed Use -Community". Concurrently,
annexation and zoning to the C-C zoning district is proposed and a four lot preliminary plat has
been submitted.
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 Use -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.
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 planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
• 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
N, Objective D, Action item 2)
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
On the submitted conceptual plan, the Applicant is proposing a single access to Locust Grove
Road. ACHD has approved one access to Locust Grove Road, and denied any driveway
access to McMillan Road. The Applicant should improve Beethoven Avenue and use that as
access to McMillan Road, bypassing the need for another access point to McMillan Road, an
arterial street.
• "Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4)
McMillan Road and Locust Grove Road are designated arterial streets. By City Ordinance, a
25 foot wide landscape buffer is required adjacent Locust Grove Road and a 35 foot wide
landscape buffer is required along McMillan Road, an Entryway Corridor into the City.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
The Applicant is proposing to install a landscape buffer adjacent to the residential uses to the
north and east. In order to construct buildings on this site the Applicant will be required to
construct and maintain both internal and perimeter landscaping.
• "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
IV, 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 Applicant is proposing a variety of commercial and retail opportunities
in this area.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (Chapter VII, Goal IV, Objective C, Action 1)
This policy touches on one of the primary objectives of zoning - to protect the public health
and welfare. It is the City's obligation to ensure existing properties (both county and city
properties) are protected from harmful, disturbing or unnecessary encroachments. The
Applicant is proposing a commercial zone adjacent to proposed and established residential
areas. Staff finds that to protect the existing and planned single family homes to the north
and east, less intense Map and zoning designations should be granted and certain restrictions
on this development should be formulated. Staff has used the Concept Plan provided by the
Applicant and the UDC as a base for a DA, which is detailed in the Analysis section below.
• 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.
Woodland Springs -CPA-07-0141 AZ-07-014 / PP-07-019 PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
The highly visible location of this property, at the corner of McMillan and Locust Grove
Roads, makes it a good candidate for a quality mixed use development.
Fourth Bullet, bottom of page 102: In developments where multiple commercial and or office
building are proposed ,the buildings should be arranged to create some form of common
usable area such as a plaza or green space.
On the conceptual development plan provided by the Applicant a substantial outdoor patio
area/plaza is shown just north of the proposed convenience store. There is a trellis structure,
a picnic table and trees shown on the plaza. This area should act as a true gathering place
for pedestrians and users of the 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.
The Applicant is proposing amulti-tenant medical/dental/professional office building and a
multi-tenant retail building next to residential uses. Staff is supportive of the proposed uses,
provided that full compliance with the UDC requirements and the proposed DA are complied
with.
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 professional offices 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 finds that the subject 7.5 acres has frontage on two arterial streets, McMillan Road and
Locust Grove Road, a highly visible intersection. However, Staff believes that the requested
Comprehensive Plan designation to Mixed -Use Community and the C-C Zoning designation
for the entire site is too intense for this property. Staff believes that this site relates better to the
neighborhood concepts of the Comprehensive Plan and should be designated accordingly.
Staff recommends that the entire site be designated Mixed-Use Neighborhood and be annexed
with a C-N (Neighborhood Business District) zoning designation. Staff finds that the C-N
zoning district and Mixed Use -Neighborhood Map designations provide a better transitional
zone/designation to/from the adjacent residential uses. Staff' recommends that the Commission
and Council rely on Staff's analysis, other agency/department comments, and any other
comments received regarding the Map designation and zoning district for this site.
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-N and C-C zoning districts. Personal and Professional Services
and retail stores are listed as principally permitted uses in the C-N district. Fuel Sales Facilities
require conditional use permit approval in the C-N district (in the proposed C-C district they
are principally permitted.) There is a maximum building size in the C-N district of 7,500 feet
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEM$ER 18, 2007
before administrative design review is required. Due to the size of the proposed buildings and
their location on an Entryway Corridor (McMillan Road), design review will be required for
all of the buildings on this site.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
CPA and AZ Applications:
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement,
review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen
elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances
that then spell out how these policies are to be achieved. Community design, population,
econonuc development, housing, public services, school facilities, transportation, natural
resources, special areas, hazardous areas, recreation, land use, implementation, and property
rights were all evaluated by Staff with the subject CPA application. No detrimental impacts to the
Plan are to be found if the subject CPA is approved.
The Applicant is proposing to amend the Comprehensive Plan Future Land Use Map designation
of "Medium Density Residential" for this property to a mixed use designation in order to
construct three commercial buildings on the site. Staff believes that a Map designation of Mixed
Use -Neighborhood and a zoning designation to C-N is appropriate, and in the best interest of
the City, for the subject 7.5 acre site. Please see Section 8 above and the Findings in Exhibit C
below for Staff's analysis regarding the CPA amendment.
The annexation and zoning legal description prepared by Jeremiah B. Fielding, PLS, dated
September 6, 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 its relation to 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 D 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. Three buildings are
shown on the plan prepared by Advantage Architecture. Staff is generally supportive of the
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 9
CITY OF M'ERI'DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
submitted conceptual site plan for this property. All parking areas, drive aisles, landscaping,
sidewalks, lighting, signage, building height and building setbacks for this development should
comply with the applicable provisions set forth in the Unified Development Code. NOTE: The
proposed convenience store/fuel station will require CUP approval and all buildings will require
future CZC and DR approval (see below for additional analysis).
Access: McMillan Road and Locust Grove Road are both classified as arterial roadways. The
City typically tries to limit the number of access points to arterial streets. Except for one full-
access to Locust Grove Road and the shared public street to McMillan Road at the east boundary
(Beethoven Street), no other access points to Locust Grove Road or McMillan Road should be
allowed with development of the subject property.
Amenities: The Applicant has shown a plaza area near the center of the development. This plaza
area contains a trellis structure, a picnic table and landscaping. Staff is generally supportive of
this amenity, and is requiring such as a provision of the DA. However, the details of the plaza
area should be worked out with the CUP for the future convenience store/fuel station.
The Applicant is proposing to construct some benches in front of the professional office building
on Lot 4. Staff is supportive of this amenity.
The Applicant has done a great job of proposing pedestrian connections between the propsed
development and the adjacent residential uses and sidewalks. The pedestrian walks should be
constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access
from the sidewalk on McMillan Road to the convenience store. This connection may not be
possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this
connection should not be required. However, in accordance with the DR requirements of the
UDC, the Applicant should construct a pedestrian walkway from the Locust Grove Road
sidewalk to the convenience store entrance.)
Landscaping: See PP Application analysis below.
Hours of Operation: In the Applicant's submittal letter and application, hours of operation for
the proposed development are not addressed. Due to the close proximity of residential uses and
consistent with previous Commission and Council action, Staff is recommending that the
hours of operation for the professional office and multi-tenant retail businesses on this site
be limited through a Development Agreement from 6 am to 11 pm. Further, because there
are potential loading areas and trash compactors on the north and east sides of the
buildings, deliveries and trash compaction shall also be prohibited between 11 pm and 6 am
for these sites.
Schedule of Use Control: UDC 11-2B-21ists uses that are principal permitted (P), accessory (A),
conditional (C), or prohibited (-) within the commercial zoning districts. The proposed offices
and multi-tenant commercial building to be located on-site are principally permitted within the C-
Ndistrict. However, the proposed fuel sales facility requires CUP approval in the C-N district. A
separate CUP application should be submitted for any fuel station on this site (or any other use
that requires CUP approval). (See UDC Table 11-2B-2 for a complete list of allowed and
conditionally allowed uses in the C-N zone.)
Design Review 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
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE ] 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
only in conformity with the provisions of this Title and shall be required before the issuance of a
building permit.
There are three buildings proposed for this site. Because the buildings either exceed 7,500
square feet (the threshold for not being subject to DR in the C-N district) and/or are located
along McMillan Road (an Entryway Corridor), all of the buildings on this site should be subject
to design review and approval (see UDC Table 11-2B-3). The Applicant shall be responsible to
obtain DR and CZC permits from the Planning Department for all new construction on the site
prior to issuance of building permits.
Building Elevations/Sizes: As stated earlier, there are three buildings proposed on this site.
The first building is a 4,400 square foot convenience store/fuel station. The second building is a
10.,000 square foot professional office building. The third building is a 32,400 square foot
multi-tenant commercial building. The Applicant has also submitted conceptual building
elevations for the proposed buildings and these are included in Exhibit C of this Staff report.
Staff is generally supportive of the proposed building sizes, facades and proposed construction
materials (cultured stone, faux timbers and beams, stucco and stucco accents, and metal
standing seam roofing). Staff is proposing that the future buildings on this site be limited to the
square footages shown on the concept plan and be subject to the construction materials
proposed. Staff is also generally supportive of the appearance and bulk of the proposed
buildings. However, Staff has not reviewed these buildings for full compliance with all of the
Design Review standards. All buildings on this site should substantially comply with the
square footages, materials and elevations proposed, subject to full compliance with future
Design Review.
Approval of the subject CPA and AZ applications would allow the Applicant to obtain a
commercial zoning district. The Applicant has submitted a conceptual site plan showing how
this site may redevelop with buildings, parking and landscaping. Based on the policies and
goals contained in the Comprehensive Plan and the general compliance of the proposed
concept plan with the UDC, Staff believes that designating this site for Mixed Use -
Neighborhood and zoning this site to C-N is in the best interest of the City. Please see Exhibit
B for detailed analysis of facts and findings.
PP Application:
Access: The developer of Portico Place, just east of the subject site, was required to construct
Beethoven Avenue, a public street, on the shared property line. The subject Applicant should be
required to finish off the remaining improvements on the west side of Beethoven Avenue and use
that road as access to McMillan Road. The Applicant is proposing afull-access to Locust Grove
Road located approximately 360-feet north of McMillan Road. Except for the driveway to Locust
Grove Road, a note shall be placed on the final plat prohibiting direct lot access to McMillan
Road and Locust Grove Road. (See ACRD Site Specific Conditions of Approval in Exhibit D).
Because there are limited access points to/from the public roadway system, Staff recommends
that cross access be provided to each of the proposed lots. Said cross access shall either be
created on the face of the final plat and/or through some other recorded document.
McMillan/Locust Grove Road Intersection: ACHD has the re-construction of the
McMillan/Locust Grove intersection programmed for 2012 (there is an option to install an interim
signal at this intersection in the nearer future). Although the exact (ultimate) improvements are
Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-01'9 PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
not known at this time, ACRD has narrowed down the options. The designs for the intersection
require the subject Applicant to dedicate a 41 foot right-of--way in front of their site on McMillan
Road, with a 30 foot canal easement (the Settlers Canal is moving from its current location on the
south side of McMillan Road to the north). Along Locust Grove Road, ACHD is requiring a 35-
foot wide right-of--way. The site plan and preliminary plat reflect the appropriate right-of--way
widths and easements. As noted in the landscaping requirements below, the Applicant is also
proposing landscaping consistent with ACHD's need for right-of--way and the City's
requirements for landscaping. (See ACHD Site Specific Conditions of Approval in Exhibit D).
Landscaping: Locust Grove Road and McMillan Road are classified arterial roadways;
McMillan Road is also designated as an Entryway Corridor. A 25-foot wide landscape buffer is
required adjacent to arterial roadways and a 35-foot wide landscape buffer is required adjacent to
Entryway Corridors (UDC Table 11-2B-3). The Applicant is proposing a 25-foot wide landscape
buffer along Locust Grove Road and a 38-foot wide landscape buffer along McMillan Road (30
of the 38 feet are encumbered by a future canal easement). Staff is generally supportive of the
landscaping along the arterial streets with one comment: Staff recommends that some low-lying
shrubs be added to the landscape buffer, including within the canal easement, as allowed by
Settlers Irrigation District.
There are some existing trees on this site. 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 residential properties to the north and east. To buffer the existing land uses to the
north and east from future commercial (C-N) uses on this site, a minimum 20-foot wide landscape
buffer should be installed (UDC Table 11-2B-3). All 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 lot and other common
use areas. Particularly trees and other landscape materials should be installed within and at the
ends of all the parking islands. Further, with the future CZC/DR/CUP applications, landscaping
details should be shown for the plaza area near the center of the development. All internal and
parking lot landscaping should be installed in accordance with UDC 11-3B-8.
Existing Structures: The site currently contains some existing structures. Because the existing
structures are approved for residential uses and not commercial, they 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 for commercial subdivisions. 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 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.
Ditches, Laterals, and Canals: The North Slough Lateral and the Shavrer Lateral run
through/along this property. Per UDC 11-3A-6, all irngation 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. (NOTE: ACHD is proposing to move the Settlers
Canal to the north side of McMillan Road, abutting the subject site. Settlers Irrigation District is
Woodland Springs -CPA-07-014 / AZ-07-0'14 / PP-07-019 PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
requiring this facility to be left open after relocation. Therefore, the Applicant should not be
required by the City to cover the relocated Settlers Canal.)
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 final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Staff Recommendation: Staff is recommending approval of Woodland Springs (CPA-07-
014/AZ-07-014/PP-07-019), with a Map designation of Mixed Use -Neighborhood (not Mixed
Use -Community) and a C-N zoning district (not C-C). See the analysis in Sections 8, 9 and 10
and the Findings listed in Exhibit B of this Staff report. On November ls`, 2007, the Meridian
Planning & Zoning Commission voted to recommend approval of the subiect applications. ~
December 20, 2007,~he Meridian Ci o ~ncil voted to annrove the subiect applications with a
Comnrehensive Plan Ma esignation of Mixed Uce -Neighborhood and zoning of C-N.
11. EXHIBITS
A. Legal Description
B. Required Findings from Unified Development Code
C. Concept Plan, Preliminary Plat, Elevations, and Landscape Plan
D. Development Agreement Provisions and Conditions of Approval
Woodland Springs -CPA-07-0'14 / AZ-07-014 / PP-07-019 PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
Exhibit A -Legal Description
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
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Exhibit A -Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
B. Required Findings from Unified Development Code
Comprehensive Plan Amendment 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 amendment to
the Comprehensive Plan, the Council shall make the following findings:
1. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
If the designation for this property is Mixed Use -Neighborhood and not Mixed Use -
Community as proposed by the Applicant, the Council finds that the change to the Future
Land Use Map does not directly conflict with other elements of the Comprehensive Plan.
The Council recognizes the flexibility in the Comprehensive Plan especially with regard to
mixed use projects.
2. The proposed amendment provides an improved guide to future growth and
development of the city.
The Council fmds that a modification to the Future Land Use Map will increase the ability
for innovative design in this highly visible area of the City. The Council believes that
allowing for Waxed use projects to locate in this area will improve the growth pattern in this
area.
3. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map.
The Council fmds that an amendment to Mixed Use -Neighborhood for this property is
internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan.
The Council recognizes the existence of the Neighborhood Center in close proximity (on
Locust Grove between McMillan and Ustick) to this site and believes that the two mixed use
designations can coexist.
4. The proposed amendment is consistent with the Unified Development Code.
The Council fmds that the proposed amendment is consistent with the Unified Development
Code; all subsequent development applications on this site shall comply with the UDC.
5. The proposed amendment is in the best interest of the City of Meridian.
The Council fmds that an amendment to the Map to Mixed Use -Neighborhood is in the
best interest of the City.
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 all of the subject property to C-C. The Council finds
that the proposed zoning map amendment does not comply with the applicable provisions
of the Comprehensive Plan. Staff and the Council is approving a C-N zoning designation
for this site. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff
Exhibit B -Page l
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
Report for more information.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council fmds that professional offices, retail uses and medical clinics would be
permitted uses within the C-N and C-C districts. There are several uses in the C-N district
that can occur with conditional use permit approval, including fuel stations. The Council
finds that future development of this property should comply with the established
regulations and purpose statement of the C-N district, if the DA provisions are adhered
to.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council fmds that a zoning amendment to C-N 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 maybe 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 Council fmds that a zoning amendment to C-N 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-SB-3.E).
The 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, the Council finds that Annexation
and Zoning of this property to C-N 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.
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:
The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. The Council 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 Council fmds that public services can be made available to accommodate the
proposed development. (See Exhibit D 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
Exhibit B -Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the 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 D
for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Staff 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 rmay cause health, safety or
environmental problems of which Staff is unaware.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic, or historic features on this site. Therefore,
the Council 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 B -Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
C. Concept Plan, Preliminary Plat, Elevations, and Landscape Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
Preliminary Plat
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
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Exhibit C -Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
D. Development Agreement Provisions and Conditions of Approval
Development Agreement Provisions
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the
developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this
process. The DA shall be approved by the Council within 6 months of the public hearing and
incorporate at least the following.•
• That development of this property shall generally conform to the Concept Plan prepared
by Advantage Architecture (attached in Exhibit C), as determined by the Planning
Director or otherwise approved through a Conditional Use Permit. The pedestrian walks
shall be substantially constructed as shown on the concept plan. (NOTE: The Applicant
has shown a pedestrian access from the sidewalk on McMillan Road to the convenience
store. This connection may not be possible due to the relocation of the Settlers Canal and
the canal remaining open. Therefore, this connection should not be required. However, in
accordance with the DR requirements of the UDC, the Applicant should construct a
pedestrian walkway from the Locust Grove Road sidewalk to the convenience store
entrance (or any future building on Lot 2)).
• Provide a trellis structure, a picnic table and landscaping within a plaza area near the
center of the development. (Exact details of the plaza area shall be established with the
future development on Lot 2 -convenience store lot.)
• Construct benches in front of the professional office building on Lot 4.
• The business hours of operation for the professional office and multi-tenant retail
businesses shall be limited to 6 am and 11 pm. This restriction shall include deliveries
and trash compacting.
• The following shall be the allowed uses on this property: Permitted and accessory uses
within the C-N 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.
• 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.
• Except for one full-access to Locust Grove Road and the public street to McMillan Road
at the east boundary (Beethoven Street), no other access points to Locust Grove Road or
McMillan Road shall be allowed.
• All buildings in the development shall be subject to administrative design review as
defined in UDC 11-3A-19. Pedestrian walkways and paths shall be provided throughout
the parking lot to allow pedestrians to walk in designated areas (as shown on the concept
plan).
• 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 building construction on the subject property.
• All buildings on the site shall substantially comply with the elevations in Exhibit C
(subject to full compliance with future design review). All buildings shall be substantially
consistent with the square footages shown on the concept plan: a maximum 11,000
Exhibit D -Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
square foot professional office building; a 4,500 square foot convenience store/fuel
station (subject to CUP approval); and, a maximum 33,000 square foot multi-tenant
commercial building. Materials for the subject buildings shall include: cultured stone,
faux timbers and beams, stucco and stucco accents, and metal standing seam roofmg.
• Construct a 25-foot wide landscape street buffer along Locust Grove Road, a minimum
10-foot wide street buffer along Beethoven Avenue, and a minimum 38-foot wide
landscape buffer along McMillan Road, as proposed. These buffers shall be designed in
accordance with UDC 11-3B-7.
• Construct a minimum 20-foot wide landscape buffer between residential uses and
properties zoned C-N. This buffer shall be designed and constructed in accordance with
UDC 11-3B-9 and be placed adjacent to any existing residential uses to the north and
east. The Applicant shall comply with all other landscaping standards described in the
UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking
lot landscaping.
• No car wash (vehicle washine facility) shall be allowed on this site.
• Construct a 6-foot tall fence alone the north_and east property lines.
Conditions of Approval
Preliminary Plat (PP-07-019)
1. PLANNING DEPARTMENT
Site Specific Conditions
1.1 The 4-lot preliminary plat prepared by Arrow Land Surveying, Inc., dated 8-19-07, stamped by
the Citv Clerk on 10/26/07 (attached in Exhibit B), is approved, with the conditions listed herein.
Any future development agreement shall also be considered conditions of the Preliminary Plat
(PP-07-019).
1.2 Place a note on the face of the final plat prohibiting direct lot access to McMillan Road and
Locust Grove Road, except for the full-access driveway to Locust Grove Road located
approximately 360-feet north of McMillan Road.
1.3 Across-access/cross-parking easement/agreement shall be recorded for all 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 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
final plat granting said cross-access.
1.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed.
1.5 The landscape plan prepared by Harvest Design, P.C., dated 10-29-07, labeled Sheet LS-1
(attached in Exhibit B), is approved with the following notes/changes:
• Provide a minimum 25-foot wide landscape buffer along Locust Grove Road, a 10-foot wide
landscape buffer along Beethoven Avenue, and a 38-foot wide buffer along McMillan Road
as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7,
Landscape Buffers along Streets. NOTE: Add some low-lying shrubs to the landscape
buffers, including within the future Settlers Canal easement along McMillan Road (as
allowed by Settlers Irrigation District. Planting in the canal easement (other than grass) can
be deferred until the. Settlers' Canal is relocated.)
• Construct a minimum 20-foot wide land use buffer along the north and east property lines
(not adjacent to Beethoven Avenue). All landscape material shall be installed in accordance
with UDC 11-3B-9, Landscape Buffers to Adjoining Uses, and create a barrier where the
Exhibit D -Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
trees touch at the time of maturity.
• Per UDC 11-3B-10, the Applicant shall 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.
1.6 This subdivision lies within the Settlers' Irrigation 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.
1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the relocated Settlers
Canal, that intersect, cross or lie within the area being subdivided shall be covered. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department
prior to construction plan approval. If lateral users association approval can not be obtained,
alternate plans will be reviewed and approved by the City Engineer.
1.8 All development improvements including water, sewer, fencing, landscaping and pressurized
imgation shall be installed and approved prior to obtaining Certificates of Occupancy.
1.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat.
1.10 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 final plat
per Resolution 02-374.
1..11 Construct an :~6-foot tall vinyl fence along the north and east property lines.
General Conditions
1.2.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets
pursuant to UDC 11-3A-17.
1.2.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.2.3 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.
1.2.4 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.
Exhibit D -Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
1.2.5 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.
1.2.6 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 provide a sewer stub to Portico Place 1780 E McMillan Road
contact the City of Meridian Public Works Department for size and location. 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 and E
McMillan Road. The Applicant is responsible to have two water connections. 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 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.
2.4 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard 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.
2.5 The City of Meridian requires that pressurized imgation 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.
2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.8 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
Exhibit D -Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.9 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.
2.10 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.
2.11 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.
2.12 Ali 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.
2.13 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.
2.14 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.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 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.
2.20 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 irrigation district
or the ACRD. 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.
2.21 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.
2.22 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.
Exhibit D -Page S
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
3. MERIDIAN FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '/~" 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.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.5 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.
3.6 Maintain a separation of 5' from the building to the dumpster enclosure.
3.7 Provide a Knox box entry system for the complex prior to occupancy.
3.8 The Applicant may need to work with the Fire Marshall 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). Contact Deputy Fire Marshal, Joe Silva, 888-1234.
3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.10 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.
11 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
Exhibit D -Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
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).
3.12 All electric gates are required to be 20' wide and be equipped with a Knoxbox key switch.
3.13 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
4. MERIDIAN POLICE DEPARTMENT
4.1 Loading areas shall be separated from all public parking areas.
5. SANITARY SERVICES COMPANY
5.1 Prior to issuance of a certificate of zoning compliance, that Applicant shall submit an approved site
plan from SSC.
5.2 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and 8 cubic yard
containers. Allow a minimum of 60 ft. frontal clearance for such containers.
5.3 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
6. MERIDIAN PARKS DEPARTMENT
6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
7.1 Dedicate 41-feet ofright-of--way from the centerline of McMillan Road abutting the parcel. The
right-of--way purchase and sale agreement and deed must be completed and signed by the
Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 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.
7.2 Provide the District with a 30-foot canal easement, as proposed for the future relocation of the
Lemp Canal to the north side of McMillan Road abutting the entire site.
7.3 Provide the District with a road trust in the amount of $15,650 for the future construction of the
sidewalk abutting the site on McMillan Road with the District's intersection improvement
project.
Exhibit D -Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
7.4 Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel.
The right-of--way purchase and sale agreement and deed must be completed and signed by the
Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of--way dedication after receipt of all requested material. The
District wild purchase the right-of--way which is in addition to existing right-of--way from
available Corridor Preservation Funds.
7.5 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the
Locust Grove Road abutting the site. Provide an easement for any segment of the sidewalk
located outside of the right-of--way.
7.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back
of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of
right-of--way.
7.7 Construct one full access driveway to intersect Locust Grove Road approximately 360-feet north
of McMillan Road, 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 is restricted to a maximum width of 36-feet.
7.8 Construct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of
McMillan Road, 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 is restricted to a maximum width of 36-feet.
7.9 Other than the access specifically approved with this application, direct lot access is prohibited to
McMillan Road and Locust Grove Road shall be noted on the final plat.
7.10 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.1.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.1.2Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
7.1.3A11 utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.1.4Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
7.1.SComply with the District's Tree Planter Width Interim Policy.
7.1.6Utility 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.
Exhibit D -Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
7.1.7A11 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.
7.1.8The Applicant shall submit revised plans for Staff approval, prior to issuance ofbuilding permit
(or other required permits), which incorporates any required design changes.
7.1.9Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.1.10 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.
7.1.11 It is the responsibility of the Applicant to verify all existing utilities within the right-of--way.
The Applicant at no cost to ACHD shall repair existing utilities damaged by the Applicant.
The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business
days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
7.1.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the Applicant or the Applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the Applicant
to obtain written confirmation of any change from the Ada County Highway District.
7.1.13 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 awaiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
8. SETTLERS IRRIGATION DISTRICT
8.1 All imgation /drainage facilities along with their easements must be protected and continue to
function. The facilities involved are the Settlers Canal (50' easement), the North Slough Lateral
(40' easement), and the Shavrer Lateral. Contact SID for any additional requirements.
8.2 A Land Use Change Application must be on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be
approved by Settlers Irrigation District's Board of Directors.
8.5 All storm drainage must be retained on-site.
Exhibit D -Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
8.6 A pressure irrigation system must be provided to service all lots within the above-mentioned
subdivision from the current delivery point. If the developer wishes to have Settlers Irrigation
District own, operate, and maintain the pressure irrigation system, an agreement needs to be in
place prior to the pre-construction meeting.
Exhibit D -Page 1 ~