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HomeMy WebLinkAboutRegency at River Valley Unsigned DADEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; & JACOM, LLC, Owners 3. '~~= ~~ ~'~~.. De~~vveeloper r~errte,y ~# ~t~r'er VQtI~ THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, RAMI, LLC, whose address is11650 South State Street, Suite 300, Draper, UT 84020; MBRJ, LLC, whose address is 2689 West Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is 414 East 11400 South, Draper, UT 84020; Eagle Coulter, LLC, whose address is 414 East 11400 South, Draper, UT 84020; & JACOM, LLC, whose address is 12570 South 3600 West, Riverton, UT 84065, hereinafter called OWNERS and Mason & Stanfield, Inc., whose address is 314 Badiola Street, Caldwell, ID 83605, hereinafter called DEVELOPER RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as acondition of re-zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of R-40 (High Density Residential District) and C-C (Community Business District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 1 OF 16 ~ '' ' ° r~' t.~ '~ r ~ t C k, ,~ ; I~ ~ g ~ t . ~; [ , 7 i . ~k , ~'' f ~~ `; ' ~~ ~t ~ ? ~5 j t, , ; t ;; , ~ t 4 ~ ` ~ ~ ~ ~ )) ` , ° E ti$ i~' ~ ~ , r i ~:- F {~ ~ ' ~ i r I ~~ i : E , before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 17~' day of June, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer and/or Owners to enter into a development agreement with relation to the R-40 (High Density Residential District) and C-C (Community Business District) before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, the Developer and/or deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into Voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 2 OF 16 '~ <_i. ,, ~ _ '~ f ,+; 4 '' t. ~'. ,~~ ; ~' I ~- . 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Mason & Stanfield Inc., whose address is 314 Badiola Street, Caldwell, ID 83605, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to RAMI, LLC, whose address is 11650 South State Street, Suite 300, ; MBRJ, LLC, whose address is2689 West Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is 414 East 11400 South, Draper, UT 84020; Eagle Coulter, LLC, whose address is 414 East 11400 South, Draper, UT 84020; & JACOM, LLC, whose address is 12570 South 3600 West, Riverton, UT 84065, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-40 (High Density Residential District) and C-C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2-A and 11-2-B which are herein specified as follows: CO/ZStl"uctlon of a multi family residential developmentin thepYOposed R-40 zoning district on 10.56 acYes The pe~tinentprovisions of the City of McYidian CompYehensive Plan are applicable to this AZ 08-003 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 3 OF 16 .F ~ ~ rt ~ ~. ; i Nf~ G~k, s }@ '~ aR' s 21 • i i 1 i 7 s ,+ ~ . ~^. 4 ~ 64'~ hlygI d ~; .i~? t ~~ , ~1 _ . { t~ ~ {& ~~.,. ~ § I j i ~ ~} i ~t s ; ri { 3 1 ~ n :t ~[ _~~ t } :`' .i. 1 ~R . _` : '}~ §. }~ ~ ± l , ,, ~ '~•'~ ~. .~. r'D ; :i+'.i ~~•:.': ii. 4.: 4. `~~ . .~~~' .. ' c ~ . .: h k E ~ k rY_y{iR p- ~ys.IP 'a 1} ~: "T F'~ if1i: {13' x : > 3 . ¢:': '.. ; ' . *.: 's' , . . : : :gin . L '.' i.. x.: s. n-, +.;. ~ ;x...f :;: r. RR ~ i : r•,:!". ~ ; ::: y : r •T;' ~. P. fie' aM . $: ~ ,.:t {~ ~`.. ` ... ~. '. f ;~ i ., , ~~ E { ! x 7' >~ " ' K ~ ~ ' ~ ~f ~:: •t ., ~ 'S 1 . , . * §~ ,~.~ Sf .'¢ ,} : w . t ~ ~.• j1 ti i. :: ~, i. d ,'. ~' " .~. ~7 _ tit r.. ~ # , t ~~ s ~ '~ {{ ! ~' fie ' ' :;•~r '. S : 7 '.. F(" i ..a} .. '.~ ' .: : :.{ . . ' j '.. it ..~` F ~ - . . : . 444 ~}' ~ ~ f,. % ~ ~ ~ ~ :I' #~~ is SS f ~ ' , { t 4 9 t, ~~ 's} ;i ~~ t.`s S4'. t s ~ . ( .~' , { `t ~ . ,~. ,, ~ S f~ {.~ ;~ J' ~2;' ~ y !} 'a~ ?~~: : `4 % 6 f y t t 1',f ~lg~ ~i ~~ ~ i 7~. .}. ~.•, i F4_~ ~ ~ { ~ . .y F . p _ ~` § i `~ ! ? a ; `~~ '4 j~ r t ~ , ~, a ' • 'FiT.~i ::z ~ .d ~i, i - :%~ q° ,;`tl F {~ ~, '+T ,~~# 6F" ~. ;' t ;}: Sx ~iT:;: ~j,' ~' % ` . f .!' a"~4. r ~ ~ 4: ~'y 4( ;. f ~ `yi i ~ ~~~; ~~k~±}~~! Asa}Pd< qg~,i i.' +i §` ~4 } ~~if }~#{ i.~#i [ ! - .. }, j y) ~~ , : ~ ii p., t 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the following special conditions: a. A maximum of 204 multi-family residential units shall be allowed to be constructed on the site. b. A minimum - 4,805 square foot clubhouse and 755 square foot cabana shall be constructed on the site, as proposed. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos, etc.). d. All multi-family structures shall comply with the architectural standards listed in UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A of the staff report. e. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-27 for multi-family developments. f. The applicant shall comply with the parking standards listed in UDC 11-3C-6 for multi-family developments as follows: for 1 bedroom units, there shall be two parking spaces with at least one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided, both in a covered carport or garage. No variance to this standard is granted. g. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. h. Access to this site shall be provided from E. River Valley Road and an emergency only access shall be provided from Allys Way. Access to Eagle Road is prohibited. i. The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACHD standards, in alignment with Allys Way north of the site, on the north side of Ustick Road, prior to release of occupancy of any structure on this site. j. The applicant shall construct (or have available) at least half the street section of E. River Valley Road (24 feet of pavement and 7-foot wide sidewalk) in accordance with ACHD standards, prior to release of occupancy of any structure on this site. k. All existing buildings on the site shall be removed prior to release of building permits for this development. 1. Twenty-six foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. m. A 20-foot wide street buffer will be required along the future extension of E. River Valley Road, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 4 OF 16 ~ ~, ~ ~ e ~ , s~, ~ ! ~ ~ t: S t } . i r ! fl C E ~ ~ ~ ~~ 1 ~ y ~ E ~ S. ~1 ' 1 A 1 ~ ~ 4'` ~ t } f: r 1 ~~ E. t ~ ~ i , ~, ' ~ ~ i :' ~ ~ Landscape Buffers along Streets. If NMID will not allow landscaping (i.e. trees) within their easement for the Downey Sublateral and if there is not sufficient room outside of the easement for the street buffer, the applicant shall provide an additional S foot wide strip for landscaping outside of the NMID easement, per UDC 11-3B-7C1b. n. T'he Downey Sublateral easement along the southern boundary of the site shall either be relocated so that structures do not encroach within the easement OR the structures shall be relocated outside of the easement, prior to submittal of the first Certificate of Zoning Compliance application for the parking and common areas. o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. p. Landscaping shall be provided on the site in accordance with the specific use standards for multi-family developments listed in UDC 11-4-3-27F. q. The applicant shall construct 6-foot tall vinyl fencing along the west property boundary and 6-foot tall chain link fencing along the north side of the property adjacent to the South Slough as depicted on the landscape plan. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance ofbuilding permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to parking and vehicular use areas along the north boundary of the site and adj scent to the existing residence on the west boundary of the site, per UDC 11- 3B-8C. Said buffer is required to be planted with one tree per 351inear feet and shrubs, lawn, or other Vegetative ground cover. IfNMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-SB-S. s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be constructed on the site in accordance with the Parks Deparhnent conditions contained in Exhibit B and the standards in the Master Pathways Plan and UDC 11-3A-8. t. With the first CZC application, include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for approval of all of the parking and common areas on the site prior to submittal of CZC's for structures. v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the architectural standards listed in UDC 11-4-3-27E for multi-family developments, and DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 5 OF 16 conditions of approval and DA provisions listed in Exhibit B of this report. NOTE: A CZC application may include multiple/all multi family structures within the development. w. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the commercial portion of the development. Because the commercial portion of the property is located adjacent to an entryway corridor (Eagle Road), the future structure(s) and site shall be subject to the design standards listed in UDC 11-3A-19C. x. Development of the C-C zoned portion of the site shall not occur until such time as access is provided to/from E. River Valley Road or some other frontage/backage street; direct lot access to Eagle Road is prohibited. y. A backage road shall be constructed on the east side of the C-C zoned portion of the site and across-access/ingress-egress easement shall be provided to the properties to the north and south for an extension of the backage road and future access to E. River Valley Road. A copy of said cross-access/ingress- egresseasement shall be provided to the Planning Department prior to issuance of the issuance of a certificate of zoning compliance application for the first multi-family building. z. The City will not approve the ordinance for annexation of the requested parcel until one of three contingencies occurs: 1) The CenterCal North Parcel flea the Kleiner North Parcel DA is signed and the annexation ordinance is approved. 2) The ROW for River Valley Street is dedicated to ACHD with access to Eagle Road. 3) The ROW for Alleys Way/Records Road is dedicated to ACHD with access to Fairview Avenue or Ustick Road. This would allow temporary use of the eastern emergency access until such time as River Valley Street is constructed. Note: The City does notguarantee that any of these conditions may occur within the one year time frame of the DA approval. These conditions may be modified through the DA modification process. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subj ect Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 6 OF 16 i ~~ ~ i v '~ f ~ T J 3 5 ~ ~ ~ t ' r i ~ ~ ;' ; (. SS ,! ~f ~ r i '~ ~~~ ~I ~~ .~ i ~~ ~.7't ~ ~t ~'~ il' x y; ~ ~1. ri SF ~~- ~t ~ }. ~ ~ '~ ' s - - ~~ ~ 4' ; _ <j ~ .~ ~~ i .'d :, '~ ~r s. ,7 111 ~ ~ IE ~ .i ;} f ~ { ~ i ~1 ~ Q t ' ~` _~ -~ ~ st ~ y `t ~ .~ . ~,° ,3~7? -. ~ - ~ ~~ F j ~ v ~ a ~~ ~S ~ ~ ti _ ~t, ~ ~ y ~ r sj~ ! ~ 1 , , j ~~ ~`~ i ; ~ ~ . ~ 1 1 } , ~ ~ t , ~ i E• s ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: ~- lv~~ IVSb~.~6te.~` {~~, VPR. By: ~~lVle~fls~ke.~~ r ~'~° v ,~y~ LLC ~°~ v By: A ~ ~~ EAGLE MESA, LLC ~~ c~ ~ By: EAGLE COULTER, LLC s ~ C~~ ~T~~~~~ By: DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 11 OF 16 ~ r k~ ~~ ~; ~ ~ ~ ~ ~ G 4 ,, ~ ~ 'r 1 ~~ ~~ ! rj £ ;' ' f 1 z o ~ ~ ~ F ~ fr ~ ; ~ ` F N ~ ~ ~~ ~ ~F~ . i ¢j' ~. t ~ t i d e f ~ ~'~ S. t 1 i.l~~a tl 1 t c ~; ` i ~ l : ~ S F ~ F K` ~ J-. ~ t t (' ~.~ ~' ~ ~ , F ~~ ~ - ~ ~ ~ ~, l ~ i ,s' 1 ~ ' CITY OF MERIDIAN By: MAYOR TAMMY de WEERD Attest: JAYCEE L. HOLMAN, CITY CLERK DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 12 OF 16 ~ ~ f ~ t ~~,~ 5~,~ ~ ' ~ ~ i ~i i ~ _~r ~: . i'~_ . ~ : w ~ ,t ~ _ ~ k + ~~ ~ 666 ~ f s s SAS S; ~ ~~) % ~ 3 1 r lR } i ~ I 1 Y.- {~.. g.. ~ i I t< ii ~ 5 ~.y + >~ ~ ~Kf; ~ 'r ,. ! ~ i ~ t '~ E g { ~ :~ ~ i ~ d: ~F -{ ~ a - " ~ i t' 3~`4 ' ~ d-` ~ ~ ~ ~ ? ~i~ ~ 5s ~ E ' ii • , _ ? r _ ~ ~ , + ; ~ ~ , :. 2 ! { ~ I + ; ]]] ~ iii 1 t ~ *TI! ~ M } 2 r f } J ~ ~~ ,. ~= 11 ~,, t~i,~. f . ~._~ ~_ ~. ~.~ ~i ~ , ~,.~ $i Y~ i ,. } p -r s~ ~_, s. .. iii ~.. ~ ~:t? STATE OF ID O, ) ss County of Ada, ) On this Public in and for said State, p known or identified to me to be acknowledged to me that they 1 of , 2008, before me, the undersigned, a Notary ~sonally appeared IN WITNESS WHE official seal the day and year in this (SEAL) of Mason & Stanfield, Inc., the same on behalf of said corporation. )F, have hereunto set my hand and affixed my ificate rst above written. Notary Public fa Residing at: My Commission Idaho STATE OF I~~ ~ 1 ) ss County of e ) On this IS~ day of Q V , 2008, befo e m , the undersigned, a Notary Public in and for said State, personally appeared ~ .1 n ~ i S ~ e known or identified to me to be the ° ~ e ,~ ~ r of RAMI, LLC and the person who signed above an ackn wl ged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NorARV Pueuc AMIE ROTHEV / 993N1 CARRIERIMCIRCL.E 1 is SOUTH JORDAN, UT 84085 j COMMISSION EXPIRES o~/o2/20~ ~ Not~y Publ c f r STATE OF UTAH Residing at: ~~ , p ~ ~ My Commission Expires: 7 ~ a ~ DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 13 OF 16 ' S3 ~ '~ ' =1` rb~ ~~ `~ ~. t < ~ ' ~~ .. ~, ~ ~( ~ . ~ ! 1 ' ' r ~t `1 [r Y s 6 ~ i I l . ~~ I tY _ ~ !j ~ [Y t i 4T ~ ~" ~ ; ~ 1( y. L a l ~ STATE OF ~~ii~~ri~ivr y ) ss County of ~ , ) On this 3 day of y ~, , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~/t,,~.ti,,, ~ . ,1 as N 5 ~ , ~ or identified to me to be the ~,«, d~f of 1, LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. INHWAN CHOI (SEAL) Commission # 1629701 Notary Publ~ - CaUtamia ~ , Orange County My Comm. Exphes Dec 13, 2~9 STATE OF !J ~ ) ss County of L ~ ) Notary Public for ~~~iN ~~ Residing at: _ ~,q.,~,, s ~ ~ ~ My Commission Expires: ~ 2 _ ~'~ _ Zav J On this r ~ day of Fj~ ~ , 2008, efore , th dersigned, a Notary Public in and for said State, personally app ed ~ ~~ ~ ~' , known or identified to me to be the `~ ~B b1 Q of EAGLE MESA, LLC and the person who signed ab ve an ac wled ed to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTi4RY PUBLIC ( ~~~ ~ n ~ 99949 CN~CLE ~un+.lowoar~,ure4ae6 Not Pub is or Residing at: ~ ~ r STATE OF UT/W My Commission Expires: `1 1 d DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 14 OF 16 ~t~,'~ ? 7'~~0- STATE OF ~ ) ss County of ~. ) On this ~ day of ~~, 200 b ore me the ersigned, a Notary Public in and for said State, personally ap ared ~ ' ~ 1' known or identified to me to be the ~~ ~ ~ of EAGLE COULTER, LLC and the person who sign abo e an ackn ledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC AMIE ROTHEY (SE r 11341 CARRIE RIM CIRCLE ~y SOUTH JORDAN, UT 84095 COMMISSION EXPIRES No ary Pu llc or srAi E oF~irrAH Residing a : c My Commissi n Expires: STATE OF ~ ~ ) ss County of I •~ ~ ~ ) On this ~ day of ~~i', 200 befo m , he der igned, a Notary Public in and for said State, personally ap .eared ~ ~, ~ ~~ ~ + S ° ~1e ~ known or identified to me to be the •d ~, ~ e ~ of JACOM, LLC and the person who signed above an ac wl ged o me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC ~~, ~ ~ AMIE ROTHEY _ 11341 CARRIE RIM CIRCLE 'O SOUTH JORDAN, UT 84095 NOt Publi ar COMMISSION EXPIRES 07/02/2011 Residing at: -• ~p-~ o STATE OF UTAH My Commissi Expires: d DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 15 OF 16 STATE OF IDAHO ) County of Ada ss On this day of , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 16 OF 16 .~ , t ~ _ ~ T._ i 1G ~ ~ "' ~~ ; ~ h ~s L ~_ 1 3 ~ ~ t ~ E f~ i ~~ ~~ ~ - a ~ ` t ~ 3 i'i `` ~ i t -; ~ i ~ @ ; 1 ~ ;~{ 4~ 111 ~ ~• ~ ~ i ' tt )( ~ 7 1 't-~ ,. ; ~~ k ~ I1 L 1 ~f ; ~ i `" 1 .'. .i~ L ..i 1 ~. !' L . ,~ t ~ 1~ ~ p ~.> ~ ~~ ~ ~; ~ ~~ I ~ ~~ ~~ tl r ~'~1 ~~ ' , 1 s ~ ' t ; 1 ~ ~ ~ i ~ ~ ~ ,~ ~ ~ s ~ , ~; ~ 1 Iy~ `4 r T ~ F i ~ , ~ , ~ ~ ~ ~ Z l~ ~' ~ , 4~ t ~ ~ is I ~ ~ ~ ~ .~ - l i ' z+!' ~ Q~ w } . ~ 'T d i` ~ ~ b S ~ f .~ hid i 1F L i (( { i +i 3 a . q, ~'~ ,, ~ _ ~ ~~'~{ f ~, ,i ~. 5;~~ }e ~ e ~~ 'r ~ ,4 c ~ j z j ~ z 5i~ Y Z[ E 5~ t 1 as 3.. ~ ~ 5 ; ~ i ,~~ `~ ~ ~f ~ a~ ~, `~ ~~ ~ r . _ . ~~ 1. Notary Public for Idaho Residing at: Commission expires: MASON & STANFIELD~ INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS $t PLANNERS 314 BADIOLA STREET CAi,nwEtt" IuABO 8360s FOR: Bach Builders JOB NO.: NV 1205 DATE: April 18, 2006 REVISED ANNEXATION PROPERTY DESCRIPTION DETERMINED BY RECORD DATA TEI.EPxONE: {208) 454025b FAX: (208) 454-0979 Email: d6olz6ey@mseng.us A parcel of land being a portion of the SW 114 NW 1/4 of Section 4, Township 3 North, Range 1 Fast, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No.104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the NW comer of said SW 1/4 NW 1/4, (North 1/16 corner common to sections 4 and S), said corner bears S. 00° 36' 08" W., a distance of 1291.17 feet from the NW comer of said Section 4; Thence S. ~° 36' 11" W., a distance of 776.26 feet, (formerly South), along the westerly boundary of said SW it4 NW 1/4 to the POINT OF BEGINI~TING; Thence S. 89° 23' 49" E., a distance of 70.00 feet, (formerly East), to a point on the easterly boundary of that certain WauantY Deed recorded as Instrument No.95018434 in the Office of the Recorder of Ada County, Idaho, said point monumented with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence along the boundary of said Record of Survey No. 6638 the following curses and distances: Thence continuing S. 89° 23' 49" E., a distance of 230.00 feet, (formerly East), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 00° 36' 11" E., a distance of 218.08 feet, (formerly North 218.05 feet), to a point on the southerly boundary of that certain "Determination of Heirs", Case No. SP IE 0300520M, recorded as Instrvment No. 104047079 in the OiEce of the Recorder of Ada County, Idaho, said point witnessed S. 00° 36' 11" W., a distance of 40.00 feet with a found 518 inch diameter iron pin marked "ASG PLS 7314"; Thence continuing along the boundary of said Record of Survey No. 6638 and along the southerly boundary of said Instrument No. 104047079 the following courses and distances: Thence N. 84° 26' 11" E., a distance of 17.43 feet, (formerly N. 83° 50'E.) to a point; ~;~ t x. t ,, :; MASON & STANFIELD ING PROFESSIO1vaLENG11vEERS, I.ANDSURVEYDRS, & PIaNIVERT Psge 2 of 3 Bach Builders, Multi Family-NV 12051Survey~iegalslItevised Atmex.dac Thence S. b6° 1$' 49" E., a distance of 264.00 feet,(formerly S. 66° 55'E.), to a point, said point referenced S. 45° 26' 11" W., a distance of 30.00 feet with a found 5/8 inch diameter irpn pin marked "ASG PLS 7314"; Thence S. 34° 48' 49" E., a distance of 227.70 feet,(formerly S. 35° 25'E.), to a point, said point referenced. S. 8b° 44' 15" W., a distance of 11.50 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 71 ° 16' 49" E., a distance of 132.00 feet,{formerly S. 71° 55'E. ), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 85° 33' 49" E., a distance of 174.90 feet,(formerly S. 86° 10'E.), to a point, said point referenced S. 27° 42' 23" W., a distance of 30.00 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 40° 43' 49" E., a distance of 364.98 feet, (formerly S. 41° 20'E., a distance of 366.30 feet), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 72° 58' 49" E., a distance of 99.29 feet,(formerly S. 73° 35'E., a distance of 98.34 feet), to a point on the easterly boundary of said SW 1/4 NW 114, said point witnessed S. 00° 40'48" W,, a distance of 20.00 feet with a found 5i8 inch diameter iron pin marked "ASG PLS 7314"; Thence leaving the southerly boundary of said Instrument No. 104047079 and continuing along the boundary of said Record of Survey No. 6638, S. 00° 40'48" W., a distance of 111.65 feet,(formerly South a distance of 112.$6 feet), along the easterly boundary of said SW 1/4 NW 1/4 to the SE corner of said SW 1/4 NW 1/4, (center west 1/16 corner), said corner monumented with a found 5/8 inch diameter iron pin marked "PAT PLS 4347"; Thence N. 89° 45' 21" W., a distance of 978.27 feet,(formerly West a distance of 979.24 feet), along the southerly boundary of said SW 1/4 NW 1/4 to a found 5/8 inch diameter iron pin marked "ASG PLS 7314" which bears S. 89° 45' 21" E., a distance of 350.00 feet from the SW corner of said SW 1/4 NW 1/4,(1!4 corner common to sections 4 and 5); Thence N. 00° 36' 11" E., a distance of i 80.00 feet, (formerly North), to a found 5I8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 89° 45' 21" W., a distance of 49.86 feet,(formerly West), to a point on the easterly boundary of that certain Warranty Deed recorded as Instrument No, 7741806 in the Office of the Recorder of Ada County, Idaho, said point monumented with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 00° 36' 11" E., a distance of 145.00 feet, (formerly North), along the easterly boundary of said Instrument No. 7741806 to a point, said point witnessed S. 00° 36' 11" W., a distance of 1.00 foot with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; w ', e i -;, {~ I i ~' 14rASON & $TATIFIELD ING PROFF,SS-ONAL ENGINEERS, LAND SURVBYOR~ Bc PLANNERS Page 3 of 3 Bach Builders, Multi Family NV 12051Survey~legals~Revis~ Annex.d~ Thence N. 89° 4S' 21" W., a distance of 230.14 feet,{formerly West) along the northerly boundary of said Instrument No. 7741806 to a point on the easterly boundary of that said Warranty Deed Instrument No. 95018434, said point monumented with a found S/8 inch diameter iron pin marked "ASG PLS 7314"; Thence continuing N. 89° 45' 21" W., a distance of 70.00 feet, along the extension of said northerly boundary to a point on the westerly boundary of said SW 1/4 NW l/4; Thence N. 00° 36' 11" E., a distance of 218.94 feet along the easterly boundary of said Wan~anty .Deed Instrument No.95018434 to the PODVT OF BEGINNING. This parcel contains 12.06 acres more or less. All according to the record of survey as recorded in the Office of the Ada County Recorder. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-described parcel of land. This Legal Description was written without the benefit of an actual boundary survey. The courses shown hereon were prepared from that certain Record of Survey for "6638", Recorded as Instrument No. "104124018" in the Office of the Recorder of Ada County, Idaho. ~D T -9366 ~l6 -iy a~ o p9 r~ of ~op~ ~~~ ~~~ AL e~ 'pN 25 ~ anFR~Oa~ pEPS• :`;: .' '~ l i a ~~ ~ ~ Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 ~a r~~lela~ jn~ Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dholzhev a(>~nsene.us PROPERTY DESCRIPTION PARCEL 1 C- C- A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the SW comer of said SWl/4 NW1/4, (Wl/4 corner of Section 4), said corner monumented with a brass disk; Thence N. 00° 36' 0$" E. a distance of 543.94 feet along the westerly boundary of said SWl/4 NWl/4 to a point; Thence S. 89° 23' S2" E. a distance of 70.00 feet perpendiclilar to said westerly boundary to the POINT OF BEGINNING, said point monumented with a found 5/8-inch diameter iron pin; Thence continuing S. 89° 23' S2" E, a distance of 230.00 feet to a found 5/8-inch diameter iron pin; Thence S. 00° 33' S4" W. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence, N. 89° 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said SWl/4 NW1/4 to a found 5/8-inch diameter imn pin; Thence N. 00° 36' 08" E a distance of 218.50 feet parallel with the westerly boundary of said SWl/4 NWl/4 to the POINT OF BEGINNING. This parcel contains 1.15 acres more or less. Also, this parcel is subject to all easements and rights-of--way of record or implied. 936 ~~Z ol~i OF ~~'" y idOL~/ v~~ R~~ gY ~pN 2 5 2~ M WORK pEPT G ~; .. ,~ ';: s<: r]. asap ~, Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 ~~ ~~~~~~ f n~ Ph {208) 454-0256 Fax (208) 454-0979 e-mail: dholzhevna.rr-senS.us PROPERTY DESCRIPTION PARCEL 2 ~ -~to A parce} of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly descn'bed as follows: Commencing at the SW corner of said SWl/4 NWl/4, (Wl/4 corner of Section 4), said corner monumented with a brass disk; Thence S. 89° 45' 23" E. a distance of 350.01 feet to the POINT OF BEGINNIIVG, said paint monumented with a found 5/8-inch diameter iron pin; Thence N. 00° 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/8-inch diameter iron pin; Thence N. 89° 45' 23" W. a distance of 49.86 feet para11e1 with the southerly boundary of said SWl/4 NWl/4 to a found 5/8-inch diameter iron pin; Thence N. QO° 36' 08" E, a distance of 145.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/8-inch diameter iron pin; Thence N. 00° 33' S4" E. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence N. 00° 36' 08" E. a distance of 218.08 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a point that falls in the South Slough; Thence along said South Slough the following courses and distances; Thence N. 84° 26' 08" E. a distance of 17.43 feet to a poiirt; Thence S. 66° 18' S2" E. a distance of 264.E feet to a point; Thence S. 34° 4$' S2" E. a distance of 227.70 feet to a point; Thence S. 71 ° 1 b' S2" E. a distance of 132.00 feet to a point; Thence S. 85° 33' S2" E. a distance of 174.90 feet to a point; Thence S. 40° 43' S2" E. a distance of 364.98 feet to a point; i ^: z ~< t _~ :,: MASON & STANFIELD, INC. SURVEYORS, ENGINEERS & PLANNERS Page 2 Thence S. 72° 58' S2" E. a distance of 99.25 feet to a point on the easterly boundary of said SW1/4 NWl/4; Thence leaving said slough S. 00° 37' S2" W. a distance of 111.66 feet along said easterly boundary to the SE corner of said SW1/4 NWl/4, said corner monumented with a found 5/8-inch diameter iron pin; Thence N. 89° 45' 23" W. a distance of 978.33 feet along the southerly ~undary of said SW114 NWl/4 to the POINT OF BEGINNING. This parcel contains 10.56 acres more or less. Also, this parcel is subject to all easements and rights-of--way of record or implied. ~:6'v~ ~TF~ ~~~~ ~~ ~_ 5-02 -a6 Og~ 101-ti`'" A` REV1 ~Y ~p-N 25 MEWDRK p p~ G _ ~ - ~ ~" ~. ~ ~ ~ ~, k~ ~ ~ I ~' 1L~, _ ~~ E~ r ,7 ~ ~"`~~. .~ i ~ ;t ~ ~ t ~ : t ~ a a n ~ ~ t r 1 ~ 1 1. a i ~ ~ ; t u ~ d { ~~ {5 3 ~ is 1 ~ i } i ~ ~~ ,F 1 fi ; t` 4~~' I,~~ ~ ~, ~ t st ~ ~b~f j~ fl 4• ~~f .~ F~ ~ ~ ~~ 5 ~ ~ ((~ '~ ~` t ~ 3~, ' ~ q ik r i i s ii j a ~ ? t! k ~ ~-~'. ,~c ~ ~ ~ t + . ~~ ~ 3' ~ s ~: ~ zx ~ i ~~~ ~t ~ ~~ a. i~ i k ! ~ ~: ~ ~: ?i~ ~ ~~ ~ ~ ' ~ > t 'i ~ ; , ; r s~ z ;~ ~ ~ . ~ '. kr . ~ a i' ~ ~ ~ j ~ ~ ~ ~ f ~; ,i as ~~~ ~~ g ~, ~ ~ ~E a ~ ~ ¢¢ ? y ~ ~ ~~ ~ , ~ ~ ~ ~ ~ ~ $RQ Y ~ ~ ~ r ~ , i j ~ s' ~ ~ ~ ~ ~ ¢ g {~ ~ • E r t ~ 4 ~ ~ r~ f{ ,~` 4 ¢ ! ar j CITY OF MERIDIAN ~ArD J,il'l~N~' FINDINGS OF FACT, CONCLUSIONS ~~A~ o OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community Business) (1.5 acres) zoning districts; Conditional Use Permit for amulti-family residential development in a proposed R-40 zoning district; and Variance to UDC Table 11-3C-6 for a reduction in the number of covered parking spaces required for multi-family dwellings, by Mason & Stanfield, Inc. Case No(s). AZ-08-003; CUP-08-004; VAR-08-002 For the City Council Hearing Dates of: Apri122, May 20, and May 27, 2008 (Findings on the June 17, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 20, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 20, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 20, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 20, 2008, 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 FIIV~DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-003; CUP-08-004; VAR=o8-002 -I- i i r. ,. z` ~f ~~ ~; s: 1~, i' F:: 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, Site Plan, Landscape Plan, Building Elevations, Development Agreement, and the Conditions of Approval all in the attached Staff Report for. the hearing date of May 20, 2008, 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 Annexation and Zotung request, as evidenced by having subtrutted the legal description and exhibit map, stamped and dated June 14, 2006, by Darin Holzhey, PLS, included in the attached Staff Report for the hearing date of May 20, 2008 incorporated by reference, is hereby conditionally approved. 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of May 20, 2008 incorporated by reference. 3. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan (dated 3/12/08), Landscape Plan {dated 1/08), and Building Elevations included in the attached Staff Report for the hearing date of May 20, 2008, is hereby conditionally approved. 4. The Applicant's Variance request for a reduction in the number of covered parking spaces required for multi-family developments is hereby approved. 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 20, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-00~; CUP-US-004; VAR-08-002 . -2- ~ ~ s I r t' ~ > I ~ + {~ ~~ ~ 3~ 1. 1 -:3 t 1~ i. '~ 1 ,r :i~~ f ~ 1 ~ ~4 .1 1 }~ ~~ 4~ St ~ } ~ i _;1. I y t `. <' '~ 1 ~v `~ i;~ S .~ f ~. . ~ fi Please take notice that the conditional use permit, when grztnted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded withal this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) yeaz from the original date of approval. If the successive phases axe not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the ternunation of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the tune to commence the use not to exceed one (1) eighteen (18) month period. Additional tune extensions up to eighteen (18) months as deternuned and approved by the Conunission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. F Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toil the tune period within which a Petition for Judicial Review maybe filed. Z. 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 b7, Idaho Code. Attached: Staff Report for the hearing date of May 20, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-003; CUP-08-004; VAR-08-002 -3- ti: }, , F, ~' >; }~ i {; `'~ `~ ~~ By a tlon of the City Council at its regular meeh~ng held on the day of ~t~ty~JL , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED "i (TIE BREAKER) ````~,,~~~~~~~'or T de Weerd ~~~. Attest: .~'~~~``d~~ ~ '9~''~~~': w ,T~Q i _ Ada? Jaycee H6lxnan, City Clerle ~ ~ a `~ ~;~ .~ r Est ~, Pao ~~~. Copy served upon Appiicant,~'~`~ie,~~~i I'~,@~artinent, Public Works Department and City Attorney. By~ c ~~ C1~Y1d~tn 0.~) Dated: ~- ~~ g City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-003; CUP-US-004; VAR-08-002 -4- ~ ~ ~ ~ h r 1.. ~~ r ~ G ; ~ ~ , ~ ~ li t # ~ l ~~. P, ~ 1 . i ~~ ~ ' ~~. I r.; 'W ~., I ~ i i ' ~ :j ''Ld It ~ ~ 'l ~ p ° f - l r~ y I 1. ~. ~ s . ~, `fir :' ~' ~ } t.y '. ~~ : ? ; i 1 ~ ~ I,k A ~~ ~ 1 i ~ ~ ~ t~ n f ~ ~ ~ ~ i ~S i { ~ j} ~ ~ 3~ L 't F ~ ~ ~ ~ ~} ~: ~ " ~ i r ~ ~ i 3 N H r ~ ~ ~ , i ~ " f ~, ~ t t Ij . ~~~ ~ ~ i ~ Y, ~ i ~ ~ 1 i~~ I~ ~~ yy ~,~ I fir r a ~a ° t ~ i ~~ . ~ . '~4 r ~ F ~ s ! ~, r t i . F ~, ~ ~~~ ~ ~ ~ ~ t ~~ 1 t ~ ~~ ~' ! : ki 1 Y s a ~ ~ a d ~ l t~ ~ ~ r i f ~: ~ '~ ~ 4£4£4£ ~ ~~~~ ~ > j ~.~ '~ I ~ t~ ~ ' t ~ ~ W ~ c~ . 1 ~ ~ ' ' ~ ~ 2224 ii f ~~ C , i ~'~ , k ~,1 S~ ~ 1 f .~~ ~~' r NW ~f~ ~t 1x~ ~~ { .s. ~ k ~r.r ~ ~~--CC ~`' . r ~ I~. ~ ri.~ tk '~.. R ~ i~ ~~. .~ „1 ~ .~~ t )~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 STAFF REPORT Hearing Date: May 20, 200$ (Continued from April 22, 2008) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBTECT: Regency at River Valley (Revised) . E' IDIAI IDAHO • AZ-08-003 Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community Business) (1.5 acres) zoning districts • CUP-08-004 Conditional Use Permit for amulti-family residential development in a proposed R-40 zoning district Withdrawn • VAR-08-002 Variance to UDC Table 11-3C-6 for a reduction in the number of covered parking spaces required for multi-family dwellings • PS-OS-004 Request for. approval of private streets within the proposed development The Commission heard these applications at the public hearing on March 6, 2008. At the meeting on March 6"', the applicant decided to withdraw the Variance (VAR-08-OOI) request for a temporary access to SH SS/Eagle Road At that meeting, the Commission voted to continue the project until the March 20"` meeting so staff could update the conditions of approval (Staff had originally included draft conditions of approval because Staff was recommending several significant changes to the site plan): so the site plan could be revised by the applicant: and so comments/conditions could be obtained from ACHD. On March 6`h, the maker of the motion for continuance stated that they would like to see the following ehan~es made to the site plan: 1) Add an emergency access only driveway Allys Way; 2) Provide a ZO-foot wide multi-use pathway on the site in accordance with Parks Department comments: and 3) Remove the temporary access to Eagle Road. The maker of the motion also stated that their recommendation for approval would be prefaced on the applicant and NMID reaching an agreement pertaining to the relocation of the Downey 5ublateral. The Commission supported the Variance (VAR-08-002) request for a reduction in the number of covered parking spaces required. The applicant has submitted a revised site plan, which staff has reviewed and made modifications to the staff report accordingy. Chances to the staKreyort since the March 6~h version are in bold, italics and underline. . Comments have been received from ACHD and are included in Exhibit B of this report.. Regency at River Valley (revises) PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Mason & Stanfield, Inc., has applied for Annexation and Zoning (AZ) of 12.06 acres from RUT {Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C {Community Business) (1.5 acres). Concurrently, a Conditional Use Permit (CUP) is requested for amulti-family residential development on 10.56 acres in a proposed R-40 zoning district. Twe A variances (VAR) to the Unified Development Code sre is also requested as follows: 1) "°~°~~° •~ T n,r , , av ~u . Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or garages • The applicant is proposing 204 multi-family living units within 9 apartment buildings, a clubhouse, swimming pool area, a putting green, several gazebos, an entry. water feature, pathways, extensive landscaping, and a playground area. The site is located at 2500 N. Eagle Road, approximately 'h mile north of the Fairview/Eagle intersection on the east side of Eagle Road. The subject property is currently located within the Urban Service Planning Area. 2. SifMMARY RECOMMENDATION The subject applications (AZ, CUP, & VAR's) were submitted to the Planning Department for concurrent review. By city code, the Planning & Zoning Commission is not required to hold a hearing on or act on the twe variance applications. However, because the variance requests'-ate is integral to the project, staff recommends that the Commission, as part of their action, state a preference on the rove variance requests. Below, staff has provided a detailed analysis of the proposed applications. Staff is recommending approval of the subject AZ, CUP. and PS applications per the conditions of approval in Exlu'bit. B and the Development Agreement provisions in Section 10. Staff is recommending denial of the VAR application per the analysis in Section. l0 and the findings in Exhibit D. CUP request. a. Summary of Commission Public Hearing: i. In favor: Lars Anderson. Bach Homes: Scott Stanfield. Mason Stanfield Engineering • ii. In opposition:. None iii. Commenting: Andrew Wilk iv. Written testimony: David Kleine'; Andrew Wilk v. Staff presenting application: Caleb Hood: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(sl of Discussion by Commission: i. The addition of an emergency access driveway to the site from Allvs Want ii. Support of the request for annexation of 1.5 acres with a C-C zoning designation if the Variance request for a temporary access to Eagle Road is withdrawn; iii. Removal of one of the multi-family structures in order to urovide covered parkins? as required by the iJI)C for multi-family developments; • Regency at River Valley (revised) PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 . iv. The request for a variance for a reduction in the number of covered~parkng spaces required• v. The encroachment of structures and landscaping within the easement for the Stokesberrv/Downev Lateral alone? the south boundary and the proposed relocation of the lateral and easement further to the south; vi. Allowance of a S-foot wide multi-use pathway through the site within a .public use easement and signage identifying it as a public pathway if a 10-foot wide pathway is constructed along Allvs Wav and E. River Valley Road, as approved by the Parks Department; c. Kev Commission Change(s) to Staff Recommendation: i. Required a~n emergency access only driveway to Allys Wav: ii. Required amulti-use pathway on the site in accordance with Parks Department comments; iii. Removed the temporary access request (Variance) to Eagle Road: and iv. Recommendation of approval is based an the applicant and IyMID reaching an agreement pertaining to the. relocation of the Downey Sublateral. d. Outstanding Issue(s) for Citv Council: i. The Commission. was supportive of the requested variance for a reduction in the number of covered parking spaces required: staff is .not supportive. If the .parking variance is pat granted a new site plan should be submitted. ii. Comments from ACRD have been received and are incladed in Exhibit B of this report:.. iii. The applicant has submitted a private street application as required by Condition of Approval #1.2.3 (see Exhibit B). abe Meridian Citv Council heard~hese items on April 22_ Mav 20. and. Mav 27.2008. At the public hearing on Mav 27 2008 the Council approved the subie~tAZ and CL1I' request. ~_ Summary of Citv Council Public Hearing: j, In favor: Lars nderson_ Bach Homes (AnnL.'cant); .Scott Stanfield ji. In opposition: None ell. Commentin~s: Christie L.itte_ ACN___)1_ iy, Written testimony: David ~j~r, ~ (in respon a to Mr. Iflein~r~ ~ Staff presenting application: Anna _an ping yj. Other staff commenting on application: None ~_ ~y Issues. of Discussion by Council: y Reaco ing be find the variance reouec for a reduction in the number of rea~~red covered pu>rkiIIlg spaces. to allow the narlrin~ areas wit in the 'rrigation district's easement for the South Slough to be uncovered: j~. The timin of he de icgtion and construction of .. fiver Va ley Road: jji~ The timing of inctallatinn of a traffi signal at he fi~tnre in ercecti n of F,aple Road andE. River Valley Road: l~ Anornval from ITD for access to SH _SS/F.aQle Road via the future E. River Valley y~ ~4 number of vehicle trips. per hour at Weak hours ~j~cted in the Traffic Impact Study (TIS) for the proposed development and warrant for a signal at th_e intersection based on the TIS: yj, If__ annfxation of the property is 'n the best 'nterest of the City with the access issues that eadst to/from the site: Regency at River Valley (revised) PAGE3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 ~_ Kpv C'hnncil ('han¢ec to Staff/Commiccion Recommendation i. .Additional provision to be added to the Development A greement• The Citv will not approve the ordinance for annexation of the requested parcel until one of three contingencies occurs: al The Kle'ner North Parcel DA is sinned and the annexation ordinance ' bl The R_OW for River Valley Street is dedicated to ACRD with access to Eagle cl The ROW for Alleys Wav/Records Road is dedicated to ACRD with access to Fairview Avenue or Ustick Road This would allow temporary use of the eastern emergency~ccess~ntilxuch_tiume as Biver Valley Street is constructed. Note: The City does not euaeata~e that any of these conditions may occur ' in the one-veep time frame of the DA annrovaL These conditions may be modified thYOUph the DA modification nroces~ 3. PROPOSED MOTION Partial ApprovaVPartial Denial After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 003, CUP-08-004, and P5-08-004 ; ~-A8-A93 and ~A~-98-881-& deny File Number VAR-08-002, as presented in the staff report for the hearing date of May 20, 2008 with the following modifications; (Add any proposed modifications.) Approval After considering all staff, applicant, and public testimony, I move to approve File Numbers AZ-08- 003, CUP-08-004, ~44R-98-88-f VAR-08-002, and PS-08-004 as presented during the hearing, with the following modifications: (Add any proposed modifications.) (You should state specific reasons for approval of the variance.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-003, CUP-08-004, -98-9AI; VAR-08-002, and PS-08-004 as presented during the hearing, for the following reasons: (You should state specific reasons for denial of the annexation, conditional use permit, and variance, and what the applicant could do to gain your approval in the future.) Continuance I move to continue File Numbers AZ-08-003, CUP-08-0()4, •~T-,4II~-9AI-, VAR-08-002, and P3- 08-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2500 N. Eagle Road (Parcel #51104233914 & #S1104233920) NW % of Section 4, T.3N., R.IE. b. Owners: RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; JACOM, LC Regency at River Valley (revised) PAGE 4 ;; _'~ r- ~, i.: ,~. r ~: ;; } i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 c. Applicant: Mason & Stanfield, Inc. 314 Badiola Street Caldwell, Idaho 83605 d. Representative: Lars Anderson, Bach Homes ' e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: From the applicant's narrative: "We are requesting annexation of two zones and an accompanying CUP. The annexation request includes 1.5 acres (for C-C zone) for the westerly portion adjacent to Eagle Road and 10.91 acres for an R-40 zone. The request complies with the current Comprehensive Plan. The project will comply with the UDC with the exception of covered parking ." (See Applicant's letter for more detail.} 1. Date of Site Plan (attached in Exhibit A): lid;-2896 3/12/08 (stamped by R. Scott Stanfield, P.E., and Darin Holzhey, P.L.S., ~-~'~) 2. Date of Landscape Plan (attached in Exhibit A): . , 8~ 1/08 (prepared by Lars Anderson, Bach Homes) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation & Zoning as determined by City . Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject applications will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: February 18, 2008 and March 3, 2008 (Commission); March 31, and Anri114, 2008 (City Councill e. Radius notices mailed to properties within 300 feet on: February 12, 2008 (Commission); March 28,.2008 (City CounciD f. Applicant posted notice on site by: February 22, 2008 (Commission); ADri19.2008 (City Council ' 6. LAND USE a. Existing Land Use(s): This property is currently vacant with some existing outbuildings associated with a former residence. b. Description of Character of Surrounding Area: This area contains a mix ofsingle-family residential properties, commercially zoned vacant land, and office uses. c. Adjacent Land Use and Zoning: Regency at River Valley (revised) PAGE 5 1~_ i ~ ~ ~ 7 1 ~ ~ I ~ ` ~ ~ F ~ 'Y 3 ~_ E ~r~ _~-~,~ ,f, {{ ~~ ' `~ { 4 7 It ~ ( ~i :~ ,i f ~ }~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 1. North: Vacant commercial property, zoned C-G 2. East: Vacant commercial property, zoned C-G and single-family residences in Redfeather Estates subdivision, zoned R-4 3. South; Vacant property (in the process of being zoned C-G -Meridian Town Center), zonal RUT (Ada County) 4. West: Single-family residence and vacant property, zoned RUT (Ada County); office uses (on the west side of Eagle Road), zonal L-O; and vacant property, zoned C-G d. History of Previous Actions: The following applications were submittal for this property in 2006 and all were denied by the City Council: • Annexation and Zoning (AZ-06-035) of 12.06 acres to C-C (Community Business District) (1.50 acres) and R-40 (High Density Residential) (10.56 acres) • Conditional Use Permit (CUP-06-022) for amulti-family development consisting of 204 multi-family residential units • Private Street (PS-06-006) request adjacent to the proposed multi-family units • Variance (VAR-06-014) request to UDC 11-3C-6A to provide less than the required number of covered parking stalls for multi-family dwellings • Variance (VAR-06-015) request to UDC l 1-4.3.27B3 to provide less than 80 square feet of private, usable open space for each multi-family dwelling unit • Variance (VAR-06-016) request to UDC 11-3h-4B2 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections e. Existing Constraints and Opportunities: • 1. Public Works: Location of sewer: This property is proposing to connect to sewer mains located in Eagle Road. Location of water: This property is proposing to connect to water service mains located in Eagle Road. Issues or concerns: None Z. Canals/Ditches Irrigation: 'The South Slough runs along the northern boundary of this site. The Downey Sublateral runs along the south boundary of the site.. 3. Existing trees: There are existing trees on the site that are proposed to be removed. The applicant shall comply with the mitigation requirements listed in UDC 11-3B-1 OC. 4. Floodplain: This property does not lie within the floodplain or floodway. 5. Hazards: The South Slough is located along the northern boundary of this site and may create a water hazard for small children as it will remain uncovered. 6. Proposed Zoning: R-40 (High Density Residential) (10.56 acres) & C-C (Community ' Business) (1.5 acres) 7. Size of Pioperty: 12.06 acres - f. Landscaping . Regency at River Valley (revised) PAGE 6 ,', i ~, ~ ~ ,~ i, ~{ ; S t. ;r ~ ~y 3~ .;_ '~ r ~ S v ~ 'E ~? ss rs ;? , t~ ; '~ .: '` ~j.-_ . j ~£ f i. ~ L ~'.' ~', 1 ~. N ~ ~ • E 33 ~ 1 [ '~ t RRR ~~ I ~~ (. 1 jjajlf yl ~1 S ~ 1 • ~ } 1 • t t '~ ..' if CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 1. Width of street buffer(s): A 35-foot wide buffer is required along Eagle RoadJSH 55, an arterial street; a 20-foot wide buffer is required along Allys Way, a collector. street, and a ZO- foot wide buffer will be required along the future E. River Valley Road, a collector street. Street buffer landscaping shall be installed in accordance with the standards listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required in commercial districts adjacent to any existing residential uses. There is currently an existing residence (parcel #1104234102) located at the south boundary of the portion of the property proposed to be zoned commercially. If the residential use of this property exists at the time of development (i:e. CZC submittal), a 25-foot wide buffer shall be provided along that boundary. Buffers to adjoining land uses shall be installed in accordance with the standards listed in UDC 11-3B-9C. 3. Percentage of site as open space: 18% or 1.91 acres of useable open space 4. Other landscaping standards: Parking lot landscaping shall be installed per the standards listed in UDC 11-3B-8C. g. Amenities: Per UDC 11-4-3-27D.2, 4+ amenities are required for this development with at least one from each category (i.e. quality of life, open space, recreation). The following amenities are proposed: walking trails, clubhouse, water feature, swimming pool, a putting green, several gazebos, and a tot lot. The applicant has complied with this requirement. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with 1 bedroom to have 2 parking spaces per unit, 1 in a covered carport or garage. The site plan shows 481-bedroom units, which requires 48 covered spaces and 48 uncovered spaces. Multi-family dwellings with more than 1 bedroom are required to have 2 parking spaces per unit in a covered carport or garage. The site plan shows 1 S6 units with more than 1 bedroom, which requires 312 covered spaces. A total of 360 covered spaces and 48 uncovered spaces are required on the site for a total of 408 spaces. The applicant has provided X93-299 covered spaces and X3109 uncovered spaces for a total of 408 spaces. A variance is requested for a reduction in the number of covered parking spaces required. i. Required Dimensional Standards for Multi-family Residential Use in the R-40 Zone, per UDC 11-4-3-27B and 11-2A-8: 1. Minimum Building Setback: A minimum 20-foot wide setback is required along the south and east property boundaries adjacent to E. River Valley Road and Allys Way because of the required 20-foot wide street buffers (per UDC Table 11-2A-8) and a minimum 10-foot wide setback is required along the north and west property boundaries (per UDC 11-4-3-27B). 2. Maximum Building Height: 60 feet Summary of Proposed Streets and/or Access: Access to the site is proposed from two access points to/from the future extension of E. River Valley Road. The applicant is proposing to construct ~d 26' drive aisles within the multi-family development; Staff is requesting that the applicant submit a private street. application and that minimum 2fafoot wide private streets are provided. The applicant is proposing to construct a segment of Allys Way on the east boundary of the site in alignment with the existing Allys Way north of the site, on the north side of Ustick Road; Staff is supportive of Allys Way being constructed. An emer~encv only access to Allys Way to the east is nat proposed; Staff is suuoortive of this access. Regency at River Valley (revised) PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 n~.,fer ~1...~ iTT L.~~. •..l.ls.7 sl.e... ,7e.,:~ivara~r~, ~ }P.-aC~FrPSS t}E~vct~A~l~ '~ ~ ..11 Y...,.1 ~.,.... T?'rl Further, as of the print date of this report, comments have not been received from ACRD. However, Staff spoke with Matt Edmonds at ACRD and he stated that the applicant will be required to construct half the street section of E. River Valley Road abutting the site consisting of 24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant). The applicant is proposing to dedicate and construct the whole right-of way for Allys Way on the eastern portion of the site. Matt did not think that an emergency access point to Allys (as required by City Staff) to/from the site would be a problem. Further, ACRD is requiring a road trust deposit for half of the construction cost of the bridge over the South Slough. Please see Section 10, Analysis, and Exhibit B of this report for more information. 7. COMMENTS MEETING On February 15, 2008 a joint agency and department 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, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Regional" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R designation allows for over 200,000 square feet of non- residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use neighborhood and mixed use commercial uses, as well as regional commercial uses such as entertainment and employment centers and clean industry. Staff believes that the requested C-C and R-40 zoning of the property with 17.86 dwelling units per acre planned for the multi-family portion of the development, complies with the MU-R designation for this property (please see Analysis, Section 10 below for more information). Staff folds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. 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 subject property 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. Regency at River Valley (revised) PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 - The subject lands currently die within the jurisdiction of the Ada County Sheriff's Offace. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - 7'he roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 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 ojthe subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. The applicant is proposing to construct a section of multi-use pathway on the site that will connect to the future master pathway planned along the north side of the South $'lough via a pedestrian bridge at the northwest comer of the site. • Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight Mile, South Slough ...etc.) throughout commercial, industrial, and residential areas. The South Slough, which runs along the northern boundary of this site, should be improved and protected during development of the site. • Chapter V, Goal I, Objective A.1 -Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. The South Slough, a natural waterway, runs along the northern boundary of this site. As a natural waterway, it will remain open and should be preserved. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent peruneter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a 6-foot tall chain link fence along the north property boundary adjacent to the South Slough in accordance with UDC 11-3A-6B3. Six foot tall vinyl fencing is proposed along the west property boundary. Temporary construction fencing shall be constructed prior to release of building permits in all areas where permanent fencing is not proposed, to contain debris during construction. • Chapter V, Goal III, Objective D, Action 3 -Require all new parking lots to provide landscaping in internal islands. Landscaping is shown on the landscape plan within the parking areas in planter islands for the residential portion of the development. All parking lot landscaping shall be installed per the standards listed in UDC 11-3B-8C. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone adjacent to Redfeather Subdivision, a residential subdivision, at the east boundary of the site and the existing residence at the Regency at River Valley (revised) PAGE 9 ~.' '. ~: .~ ;~',;I ,: i ;;. } ;~ ': ~l ,,~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 southwest corner of the site. The extension of Allys Way also separates this site from Redfeather Subdivision. If the property adjacent to Eagle Road is zoned commercially as proposed, a 2S foot wide landscape buffer is required to be constructed adjacent to residential uses. Staff finds that the proposed residential development should be compatible with the existing residential properties in the area. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences, and walls, etc. The Applicant will be required to construct a ZO foot wide landscape buf,~er along E. River Palley Road that complies with UDC 11-3B-7, Landscape Buffers along Streets. All signage proposed for the site must be approved through a sign permit and shall comply with UDC 11- 3D-10, Table 2. Fencing proposed on the site shall comply with UDC 11-3A-7. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff believes that the proposed high-density multi family residential development will assist in providing a variety of residential housing opportunities in the City. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists multi-family developments as a conditional use in the R-40 zoning district. Specific Use Standards (IJDC 11-4-3-2'1) apply to multi-family developments; please see Section 10, Analysis below for more information. UDC Table 11-2B-21ists several uses that are principal permitted uses, conditional uses, and prohibited uses in the proposed C-C zoning district. Among the principal permitted uses are animal care facilities; indoor/outdoor arts, entertainment or recreation facilities; building material, garden equipment and supplies; churches, group daycares, education institutions, financial institutions, flex space, fuel sales facility, healthcare or social services, information industry, Laundromat, mortuary, nursery or urban farm, parks, personal or professional service, public/quasi-public use, restaurant, retail store, minor vehicle repair, vehicle washing facility, vertical integrated residential project, etc. b. Purpose Statement of the Proposed Districts: Residential Districts: Per UDC 11-2A-1, 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 eorrespondutg housing types that can be accommodated within the density range. Commercial Districts: Per UDC 11-2B-1, 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: '.~*~~sages-~#e-pia~~g-Pl~eFeess-~-s~~ is alse Regency at River Valley (revised) PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH°E HEARING DATE OF MAY 20, 2008 , 1. Annexation & Zondng (AZ): Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use -Regional, Staff believes that the requested R-40 and C-C zoning districts are appropriate for this property. €Eswever3 €ellewiag-eeer,,e~- Staff believes that access to the portion of the property proposed to be zoned C-C and all of the properties fronting Eagle Road/SH 55, south of the South Slough, should be provided from the south via a backage road that connects to the future E. River Valley Road and that across-access/ingress-egress easement should be provided to the properties to the north and south from the subiect property.: and-that Until the residential property to the south re-develops, the proposed commercial portion of the property will not be able to access E. River Valley Road, and should not use Eagle Road as access. , . Staff is recommending approval of the annexation and zoning of 1.5 acres to C-C fsee legal description & exhibit map for C-C zone in Exhibit C.3). Staff is lieweveiF supportive of the requested R-40 zoning designation for the eastern portion of the property proposed for multi-family residential use for the following reasons: The Comprehensive Plan future land use designation for this property of MU- R allows for residential densities of 3 to 40 units per acre. The applicant is proposing 204 residential units within a proposed R-40 zoning district, which allows for the property to develop within the desired densities stated in the Comprehensive Plan for this area. Further, Staff believes that amulti-family development would be appropriate and would contribute to the variety of uses in this area. For these reasons, Staff is recommending of approval of the annexation and zoning of 10.56 acres to R-40 (see legal description & exhibit map for R-40 zone in Exhibit C.2). Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation & zoning request. The legal description submitted with the application (stamped on June 14, 2006 by Darin Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Because of the nature of the development and the high density zoning district proposed by the applicant, Staff believes that a DA is necessary to ensure that the site develops in a manor that is consistent with said plans. Staff has included a list of recommended DA provision below. If the Commission or Council feels additional development agreement Regency at River Valley (revised) PAGE I i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation 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, within b meaths l~ of City Council approval to initiate this process. The DA shall include, at minimum, the following: a. A maximum of 204 multi-family residential units shall be allowed to be constructed on the site. b. A minimum 5,868 square foot clubhouse shall be constructed on the site, as proposed. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos, etc.). d. All multi-family structures shall comply with the architectural standards listed in UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A. e. The site/structures shall comply with the Specific Use Standazds listed in UDC 11-4- 3-27 for multi-family developments. f. The applicant shall comply with the parking standazds listed in UDC 11-3C-6 far multi-family developments as follows: for 1 bedroom units, there shall be two pazking spaces with at least one in a covered carport or garage; and for units with more than one bedroom, 2 pazking spaces shall be provided, bath in a covered carport or gazage. No variance to this standard is granted. g. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, pazking, common areas, and other development features, per UDC 11-4-3-27G. h. Access to this site shall be provided from E. River Valley Road and an emergency only access shall be urovided from Allys Way. Access to Eagle Road is prohibited. i. The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACHD~ standazds, in alignment with Allys Way north of the site, on the north side of Ustick Road, prior to release of occupancy of any structure on this site. j. The applicant shall construct {or have available) at least half the street section of E. River Valley Road (24 feet of pavement and 7-foot wide sidewalk} in accordance with ACRD standards, prior to release of occupancy of any structure on this site. k. All existing buildings on the site shall be removed prior to release of building permits for this development. 1. 'T'wenty-six foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. m. A 20-foot wide street buffer will be required along the future extension of E. River Valley Road, per UDC Table 11-2A-8. Landscaping sliall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. If NMID will not allow landscaping (i. e. trees) within their easement for the Downey Sublateral and if there is not sufficient room outside of the easement for the street buffer, the applicant shall provide an additional S foot wide strip for landscaping outside of the NMID easement, per UDC 11-3B-7CIb. Regency at River Valley (revised) PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D?iTE OF MAY 20, 2008 n. The Downey Sublateral easement along the southern boundary of the site shall either be relocated so that structures do not encroach within the easement OR the structures shall be relocated outside of the easement, prior to submittal of the first Certificate of Zoning Compliance application for the parking and common areas. o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table 11- 2A=8: Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. p. Landscaping shall be provided on the site in accordance with the specific use standards for multi-family developments listed in UDC 11-4-3-27F. q. The applicant shall construct 6-foot tall vinyl fencing along the west property boundary and 6-foot tall chain link fencing along the north side of the property adjacent to the South Slough as depicted on the landscape plan. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to parking and vehicular use azeas along the north boundary of the site and adjacent to the existing residence on the west boundazy of the site, per UDC 11-3B-8C. Said buffer is required to be planted with one tree per 35 linear feet and shrubs, lawn, ar other vegetative ground cover. If NMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-SB-S. s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B and the standazds in the Master Pathways Plan and UDC 11- 3A-8. t. With the first CZC application, include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, iri compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for approval of all of the pazking and common areas on the site prior to submittal of CZC's for structures. v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the architectural standards listed in UDC 11-4-3-27E for multi-family developments, and conditions of approval and DA provisions listed in Exhibit B of this report. NOTE: A CZC application may include multiple/all multi family structures within the development. w. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the commercial portion of the development. Because the commercial portion of the property is located adjacent to an entryway corridor (Eagle Road). the future structure(s) and site shall be subiect to the design standards listed in UDC 11-3A-19C. x. Development of the C-C zoned portion of the site shall not occur until such time as access is provided to/from E. River Valley Road or some other frontage/backage street; direct lot access to Eagle Road is urohibited. Regency at River Valley (revised) PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 y. A backage road shall be constructed on the east side of the C-C zoned portion of the site and across-access/ingress-egress easement sha•11 be provided to the properties to the north and south for an extension of the backage road and future access to E. River Valley Road. A copy said cross- access/ingress-egress easement shall be provided to the Planning Department prior to issuance of the issuance of a certificate of zoning compliance application for the first multi-family building. z. The City will not approve the or finance for annexation of the requested parcel until one of three con ' ncies occurs: 1) The Kleiner North Parcel DA is si¢ned and the~nnexation ordinance is 2) The ROW for River VaLlev Street is dedicated_to~C~ with access to F.a~e Road. 3) The ROW for Alleys Wav/Records Road is dedicated to ACRD with access to Fairview Avenue or UstickBoad.~'hic would allow temporary use of the eastern emeraencv access until such time as Rver_VaL1ev Street is constructed. e City does not Quarantee that anv_o~thQ itions may ' in the ne-year time frame of the DA annrovaL These conditions may be mode d through the DA modircation process 2. Conditional Use Permit (CUP): The applicant has submitted a site plan (stamped by Scott Stanfield on ~ 3/12/08, included as Exhibit A.2). The site plan depicts 9multi-family residential structures consisting of a total of 204 residential units and a 5,868, squaze foot clubhouse for the portion of the site proposed to be zoned R-40. These units consist of 28 1- bedroomunits consisting of 833 square feet (s.f.) each; 20 1-bedroom Executive units • consisting of 871 s.f. each; 104 2-bedroom units consisting of 1,03? s.f. each; 28 2-bedroom Executive units consisting of 1,110 s.f. each; and 24 3-bedrom units consisting of 1,22$ s.f. each (see floor plan ofmulti-family units in Exhibit A.10). The overall square footage of residential uses proposed for the property is 209,144 s.f. The applicant states that this project will not be phased but may take a couple of years to construct. Pazking is provided on the site for the multi-fanuly units as follows: There aze 7 garage structures depicted on the plan that contain 6 parking spaces each for a total of 42 enclosed spaces; 233257 carport pazking spaces aze provided that allow for a total of 295299 covered spaces; and ~3109 open stalls are provided for a total of 408 parking stalls provided on the site (see covered parking analysis below for more information on compliance with UDC standards). .Per UDC 11-3C-5B, all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not depicted on the site plan. The applicant must either install wheel stops for all parking adjacent to sidewalks or landscaping or the sidewalk or landscape area may be widened Z feet to allow for vehicle overhang, and the stall length maybe reduced by 2 feet (from 19' to 17'). Bicycle parking is also required on the site as follows: 1 bicycle parking space 'is required for every 25 proposed vehicle parking spaces or portion thereof, per i7DC 11-3C-6G. Because 408 parking stalls are proposed on the site, l6 bicycle spaces are required to be provided. As a provision of the DA, the applicant shall submit a Certificate of Zoning Compliance (CZC) Regency at River Valley (revised) PAGE 14 •CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 for approval of all of the parking and common areas on the site prior to submittal of CZC's for structure Several amenities aze proposed on the site in compliance with UDC standards {see amenities analysis below for more information). The property proposed to be zoned C-C is included on the site plan with a conceptual plan of how the property may develop in the future; however, no development of the 1.5 acre C-C property is proposed at this time. If the property is annexed, a backage road should be constructed along the east boundary of the commercial district, in compliance with the standards listed in UDC 11-3H-4B3. Further, across-access/ingress-egress easement should be provided to the properties to the north and south of the site. No development of this site should occur until the backage road is connected to River Valley Road. Per UDC 11-2A-2, Multi-family Developments require conditional use permit approval and must comply with the Specific Use Standards listed in UDC 11-4-3-27 as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater setback of 15 feet in the rear.) The building envelopes shown on the site plan meet the minimum setback requirements stated However, the structures shown along the south boundary encroach approximately 12 feet into the Nampa Meridian Irrigation District's easement for the Downey Sublaterah (See discussion below under "ditches, canals, & laterals. ") b. Service areas: On-site service azeas, outdoor storage azeas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The Applicant shall comply with this requirement. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Private usable open space is proposed for each unit that exceeds the minimum amount required by the UDC. (1 bedroom units contain 84 square feet of deck area, and 2 & 3 bedroom units contain 81 square feet of deck area.){See floor plan attached in Exhibit A.10,) Staff is supportive of the proposed private, usable open space. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. This development does contain more than 20 units and will comply with this requirement. A property management office and central mailbox location with parcel storage as proposed within the clubhouse (see clubhouse floor plan in Exhibit A. Il). A directory and map of the development is shown at the entrance of the development on the landscape plan (see Exhibit A.3). The applicant states that the maintenance storage area will be located within garage building #1. Staff is supportive of the proposed amenities. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide pazking as follows: for 1 bedroom units, there shall be two pazking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The site plan shows 481-bedroom units, which requires 48 covered spaces and 48 uncovered spaces. The site plan shows 156 units with more than 1 bedroom, which requires 312 covered spaces. A total of 408 stalls; 360 covered spaces and 48 uncovered spaces are required on the site. The Regency at River Palley (ievisefl) PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 applicant has provided X95 299 covered spaces and X3109 uncovered spaces. A variance is requested for a reduction in the number of covered parking spaces required from 36© to ~9S 299. Staff is not supportive of the proposed parking variance. (see Variance analysis below) f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of 250 square feet of outdoor common open space for each unit containing more than 500 square feet and up to 1,200 square feet of living area, and 350 square feet for each unit containing more than 1,200 square feet of living area. (The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.) Based on the square footage of the proposed units, a total of 53, 400 square feet of common open space is required; 83, 31 Z square feet of open space is proposed on the site plan, which complies with this requirement. f. Amenities: UDC 11-4-3.27 requires that multi-family developments with 75 units or more provide 4 amenities with at least one from each category (i.e. quality of life, open space, or recreation). Further, far multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 2U4 units are proposed with this development at least 4 amenities are required. Staff believes that the applicant more than complies with this requirement by providing the following qualifying amenities: 1) walking trails, 2) clubhouse, 3) water feature, 4) swimming pool, S) a putting green, 6) several gazebos, and 7) a tot lot. g. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. 7Zie applicant is proposing 9 multi family structures, S of which consist of different elevations (they aren't all the same). The'structures are all proposed to have brick veneer masonry, stucco, stone veneer, and fiberglass-reinforced asphalt shingles. All of the structures are 2-3 stories in height, have the same architectural design and appearance but are different in size based on how many units they contain. One single- story clubhouse structure is also proposed with the same construction materials as the multi family structures. No colors are listed for the structures on the elevations but the colored drawing the applicant submitted contained in Exhibit A.6 depict 4 different colors on one structure. All of the structures within the development should have a mix of colors and materials as depicted on the colored elevation and architectural elevations contained in Exhibit A. The proposed elevations appear to comply with the architectural standards. If approved, full compliance with the elevation reguirements cited in UDC 11- 4-3-27E, and the elevations submitted with the subject CUP, will be required with the future issuance of Certificate of Zoning Compliances on this site. h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. i. Maintenance and OwnersWp Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. Regency at River Valley (revised) PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 Access: Access to the site is proposed from the future River Valley Road and an emer~encv only access to/from Allvs Wav. -However, Staff spoke with Matt Edmonds at ACRD and he stated that the applicant will be required to construct half the street section of E. River Valley Road abutting the site consisting of 24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant). The applicant is proposing to dedicate and construct the whole right-of--way for Allys Way on the eastern portion of the site. Matt did not think that an emergency access point to Allys (as required by City Staff) to/from the site would be a problem. Further, ACRD is requiring a road trust deposit for half of the construction cost of the bridge over the South Slough. Stub Streets: .The Fire Department is requesting that a stub street be provided from the site to Allys Way because of fire code requirements for the number of dwellings proposed; the applicant has revised the site plan to include an emergency only access to Allys Wav. which_staff is supportive of. Staff has included a condition requiring construction of and access to Allys Way for this development. Ally's Way: The future alignment of Ally's Way, which exists north of the site, north of Ustick Road at the'/a mile, lies along the eastern boundary of the subject property. As part of the development of this site, the applicant will be required to dedicate right-of-way and construct Allys Way in accordance with ACRD standards. Further, staff has included a DA provision that an emergency only access be provided to/from Allys Way for this development. Existing ResidencesBuildings: The site currently contains some existing outbuildings that were associated with a previous residence. The remainder of the site consists of vacant land. All-existing buildings shall be removed prior to release of building permits for this development. Fencing: The applicant is proposing to construct 6-foot tall vinyl fencing along the west property boundary and 6-foot tall chain link fencing along the north side of the property adjacent to the South Slough. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in IJDC 11-3A-7. Landscape Plan: The applicant submitted a conceptual landscape plan for the residential portion of the site dated ~ 1/08. The applicant should note the following and/or make revisions to the landscapelsite plan as follows: • ~ Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along the future extension of E. River Valley Road, as proposed. If NMID wiU not allow landscaping (i. a trees) within their easeaeent for the Downey Sublateral and if Regency at River Valley (revised) PAGE 1? CITY OF MBRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 2U, 2008 there is not sufficient room outside of the easement for the street buffer, the applicant shall provide an additional S-foot wide strip, for landscaping outside of the NMID eassemenL: per UDC 11 3B-7CIb: • Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along Allys Way; • Per UDC Table 11-2A-8, a 35-foot wide street buffer will be required along Eagle Road/SH 55, an entryway corridor (upon development of the commercial portion of the site when annexed). • ff the property proposed to be annexed with a C-C zoning district is annexed, and at the tune of CZC submittal there is a residence adjacent, a 25-foot wide buffer shall be provided along the east and/or south boundaries of the commercial site. • Per UDC 11-3B-8C, a 5-foot wide perimeter landscape buffer is required adjacent to parking and vehicular use areas along the north boundary of the site and adjacent to the existing residence on the west boundary of the site. Said buffer is required to be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetative ground cover. ff NMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-SB-5. • A 10-foot wide multi-use pathway and bridge over the South Slough shall be provided on the site in accordance with the Parks Department conditions contained in iJxhibit B and the standards in the Mister Pathways Plan and UDC 11-3A-8. • With the first CZC application, include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. • A detailed landscape plan shall be submitted with the CZC application per the requirements on the CZC checklist, the conditions of approval noted in Exhibit B, in accordance with the standards listed in UDC 11-3B. A detailed review of the final landscaping on this site will take place with the first Certificate of Zoning Compliances) application for the parking areas on this site. The aforementioned notes/revisions should be reflected on a revised plan submitted with the CZC application. Mitigation: The site plan depicts 9 existing trees, consisting of 120 caliper inches, on the site that are proposed to be removed upon development of the property. Per UDC 11-3B-10, mitigation is required for all existing trees 4-inch caliper or greater removed form the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. Staff recommends that the applicant comply with the mitigation standards listed in UDC 11- 3B-IOC. Multi-Use Pathway: 'The Parks Department has submitted the following analysis on the multi-use pathway required on this site: The Meridian Pathways Master Plan depicts a future public pathway along the north side of the South Slough (aka Finch Lateral or Finch Creek), which crosses the canal near the location of the future Pedestrian Bridge depicted on the site plan, continues south through the subject property and connects to the intersection of River Palley Road and Eagle Road. Regency at River Valley (revised) PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY Z0, 2008 With the recent annexation of the Meridian Town Center property, we expect to have a future pathway built in the proposed 60--acre park along the south side of the South Slough, east of Alley's Way/Records Drive. This will provide for another future pathway connection point. To connect with the future pathway in 60-acre park site, we recommend constructing the sidewalk along the north side of River Palley Street as a 10- foot, detached multi-use pathway. A north/south public pathway connection through the project, is also required between River Valley Street and the pedestrian bridge. The applicant has agreed to make the connection, but has requested that this connection be allowed to be S feet wide (on the proposed sidewalks) instead of the standard 10 feet wide due to potential impacts to the project. Sta~pney~e~u~ .Staff suuuorts this request urovided the applicant maintains the narrower pathway, sisn it for the public. and construct a 10-foot north-south connection along AUv's Wav. (Please see conditions of approval in Exhibit B.) Ditches, Laterals, and Canals: The South Slough runs along the northern boundary of this site. The Downey Sublateral runs along the southern boundary of the site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. The South Slough is a natural waterway and will remain open; the Downey Lateral shall be covered Per the Comprehensive Plan, the South Slough should be improved and protected with development of this property. Note: The structures depicted on the site plan along the southern boundary encroach approximately l2 feet within Nampa Meridian Irrigation District's easement for the Downey Sublatera~ Staff spoke with Steve Earl, Mason & Stanfield, regarding this issue and he stated that the lateral was going to be relocated 2S feet to the south. If the lateral is relocated, the structures would no longer be within the easement At the time of CZC application, the easement should have already been relocated, OR the structures shall be relocated outside of the easement: The applicant should submet a letter from NMID prior to the next Commission action on this project documenting that they are amenable to relocating the lateral and easement , IfNMID will not allow landscaping (i.e. trees) within their easement for the Downey Sublateral and if there is not sufficient room outside of the easement for the street buffer, the applicant shall provide an additional 5=foot wide stria for landscaping outside of the NMID easement. per UDC 11 3B-7CIb; Pressure Irrigation: The City of Meridian requires that pressurized irrigation'systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall berequired, ff asingle- point connection is used,. the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Regency at River Valley (revised) PAGE 19 CITY OF M~ERI'DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 Certificate of Zoning Compliance (CZC): Staff is requesting as a DA provision, that a CZC application be submitted for approval of all parking and common areas on the site prior to submittal of CZC's for structures on the site. Additionally, a Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family and/or commercial structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the azchitectural standards listed in UDC 11-4-3-27E for multi-family developments, and conditions of approval and DA provisions listed in Exhibit B of this report. Additionally, any future structure(s) proposed on the commercial portion of the development is required to comply with the design standards listed in UDC 11-3A-19C for structures located along entryway corridors. NOTE: A CZC application may include multiple/all multi family structures within the development. Private Streets: The applicant is not proposing private streets within this development. For addressing purposes, the Fire Department and Public Works is requesting that private streets be provided within this development. The applicant shall submit a Private Street application to the City prior to the City Council meeting. Per UDC 11-3F- 4, ail private streets shall be designed and constructed to the following standazds: A. Design standazds: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is" to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering azea for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standazds: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshall: a. All drive aisles shall be posted as fire lanes with no pazlcing allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Due to the height of the proposed structures, the Fire Department is requiring a travel lane of 26 feed ~net~ The site clan submitted with the private street analicatron reflects this requirement: Regency at River Valley (revised) PAGE ZO CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 c. Sidewalks: Alive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. Five- foot wide detached sidewalks are proposed in front of the structures adjacent to parking. d. Fire lanes: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. slaate•higlr~ys: ire-d} st~iet; ,. Annlicant withdrew request for temnorarv access at the Commission hearinP on March 6.200 4. Variance (VAR-08-002): The applicant is requesting approval of a Variance to UDC Table 11-3C-6 for a reduction in the number of pazking spaces required for multi-family dwellings in covered carports or garages. UDC 11-3C-6 requires multi-family dwellings with 1 Regency at River Valley (revised) PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 bedroom to have 2 parking spaces per unit, 1 in a covered carport or garage. The site plan shows 48 -bedroom units, which requires 48 covered spaces and 48 uncovered spaces. Multi-family dwellings with more than 1 bedroom are required to have 2 parking spaces per unit in a covered carport or garage. The site plan shows 156 units with more than 1 bedroom, which requires 312 covered spaces. A total of 360 covered spaces and 48 uncovered spaces are required on the site (408 total spaces required). The applicant has provided X9-5 299 covered spaces and ~-3 I09 uncovered space (408 totad spaces proposed). A variance is requested for a reduction in the number of covered parking spaces required from 360 spaces to X93 299 spaces. The reason for the variance is that an 80-foot wide Nampa Meridian Irrigation District (NMID) easement exists along the entire northern boundary of the site where the South Slough is located. NMID does not allow permanent structures to be built within their easement. In order to grant a variance, the City Council is required to make the following findings (per UDC 11-SB-4E): a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; b. The variance relieves an undue hardship because of characteristics of the site; and c. The variance shall not be detrimental to the public health, safety, and welfare. Staff has reviewed these findings and while Staff does not believe that granting the requested variance would be detrimental to the public health, safety, and welfare, Staff does find that granting the subject variance would allow a right or special privilege that is not otherwise allowed in the district for multi-family developments. Further, Staff does not believe an undue hazdship exists because of characteristics of the site in which the City should grant a variance. Staff believes that a residential structure(s) could be removed and the site redesigned in order to have additional room for the amount of UDC required covered parking spaces. For these reasons, Staff recommends that the requested variance for a rednction in the number of covered parking spaces required be denied and the required parlcing'be provided on the site per iJDC requirements. (Please see Exhibit D for a detailed analysis of the required facts and findings for a variance request.) . 5 Private Street (PS-4$-0041• The Applicant submitted a Private Street application on 4/18/08 requesting approval of private streets within the development. per requirement of Staff for addressing purposes The applicant is proposing 2Crfoot wide streets within the site. per requirement of the Fire Department Staff is supportive of the proposed private street application The proposed private streets shall be constructed in accordance with the standards listed above. per UDC 11-3F-4. ' b. Staff Recommendation: Sta€f~s-»eFe~eod~g-sev ~~°°°~ ^'~°°°°° ~ ° ~P °> ~°-v~cass ~.~avcZcs-~ caii: cQ ~'9~ --QHd-~~StB~IS-Feques~in~~is .:~ i ~ a . ~ as. a ..:...° ~,. °i~° ..,,~. ~., .i.° ..:.°n°..,r^ B~aa; a- rr Staff is generally supportive of the requested annexation & zoning of 10.56 acres to R-40, and the request for annexation & zoning of 1.5 acres to C-C (see Analysis, Section 10, for more information). Further, staff is generally supportive of the CUP for amulti-family development, but is not supportive of oithe~-e€ the requested Variance applications. Staff is supportive of the request for Qrivate street (PS-08- Regency at River Valley {revised) PAGE 22 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 200$ 004) within the development Therefore, staff recommends approval of the subject AZ, CUP and PS applications and denial of the subject VAR application. See the Analysis in Section 10 and the Findings in Exhibit D of the staff report. 11. EI~~I[TS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: ",~ 3/12/08 . 3. Landscape Plan (dated: ' "~ 11/Q8} 4. Elevations for Building A 5. Elevations for Buildings B & C 6. Colored Elevations for Buildings B & C (24 unit structure) 7. Elevations for Buildings D, E, & F 8. Elevations for Buildings G & H 9. Elevations for Building I 10. Floor Plans of Muhti-Family Units 11. Clubhouse Elevations & Floor Plan 12. Gazebo Elevations 13. Garage Buildings #1 & #7 -Elevations & Floor Plan 14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plan B. Comments/Conditions of Approval 1. Planning Department (DRAFT) 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District (-fermi; C. Legal Descriptions & Exhibit Maps 1. Proposed Annexation Area 2. Proposed R-40 Boundary Regency at River Valley (revised) PAGE 23 Fx r. ~ ~ ~ E ,, ~ t r ~ °~ ' ~ R ` L ~6~ i~ . ~t r S n~-.~ i k p 1; ~) r ' 7 ` 1 ~ i ~ Lx t ~ i. { ~ I ~ S y S ~t' $ l j Y, i}~ ', ~. ~~ . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 3. Proposed C-C Boundary D. Required Findings from Unified Development Code Regency at River Valley (revises) PAGE 24 F ~ ~ 3 ~~ ~ ~ ~ ~~~ ~ a r~ ~ ~ a ~~ ~~~~i '~~ ~ ~j ~~~ ~ ~ ~~~ ~ ~ ~t ~ `~ ~ 54 ~~~ ~~ ' ~ ~ ' ~ ~ ~ of ~, t ~ ~ , ~ ~~ ~ { ~ ~ ~ ~ ~~ ~ ~ a JJ i~9 i " z t , ~ ~~~ ! ~ ~ ~ ~~ v j ~'~ ~ ~f~y 93 ~ I J ' H, 1i 9~ R 4 ~ ~ S P F` { i Y ,~~ . '~~ ~ ~ "~ C ~ ~~ { a f ~ .~ ~ ~ 4 . ~ _ ~~~ ~ h ~~ 1 ~ ' ~ r 1 - F _ * [ qq , :fit .~ JJ ; t ~ ( ~ i _ i` '~~3 ,~. I ~ a ~ ~~ i t ~sr ~~, ,f CCC ~ f t ' '~ , r F~.. .! S r! a ~ ,fi r # : ,~; :, i y ,~ }, Co .~~ ~ ~ ~ ~ •.t s' i kt ~ r ~ L s t 3 ~~ ' 4 i~ ~ R ~ t t 'er S 7~ -~ ~ y fg j f L ;~ ~ ; p~ l ~~ ~ R F r{i I ]1 K i f ~ ~ 3 11 :.3 ~~~ ~ Sx~ iC b ~ k b ~k -.1~ { 1 ~~ k~ ~ ( ~ . ~~ ~ l R t ~ ~ 1 .' ; . :. f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 A. Drawings I. Vicinity/Zoning Map Exhibit A s ~ T , ~ ~ 1 { ~3 { r~ f ~ ~ ~ ,~ r Y S ; i r~ S i ~ Y i F (: i ~ ~ ]' ~ t~ t t ~ ~ 3' :~ !.1 4 ~ 4 ; 5 } CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 2. Site Plan (dated: ~518b 3112108 R9lw`BNGYATR/V9R 1/.OLL/3Y .~ a eoaao ve s y~o • rA aa'mr a o~ :r" •"'~~=~. ~ ~ ,r rr~ r I~. ~ 1 i \. ". 9! ~ °,- r ~~ ,~ ~M ~~®y +` ~ .. 4 I . • iii.y~ 1 +~a'~ .. 1. [r llll 1 ~~~ ~ ~ ~ ~ I~-- --- - -•---- L ~. ~~~~~W It ~ ~4aiaii99-GRGf'Q~IBIi~~i ~a W9N G0MCI1k] ~lOd/1' ~~~ $ ~~ ~ e ~ S - ~~ _. = ~ ® wrti~ ~ ® • Z ' ~ ; 011 (. nsmaoeew a w'u arcs ~~ ! - ~ maawrawwa e .ec a . ••.~ a ~' \ ~r ^'gq!e~~ov.,o gam„ ..aco91:4n a. ao ~ ' . ee® esre.r,.s. . ~ "'_N ~__ ~ ~„ e p~~ Oilal ~~, 1WY • Oil I®pp~Da~i~II t~Dfi ~ W0~1~Na•~M ~ g ~l ~ ~ ~ s~c~ute~gpyx.~vp p{~a~~?~p"~wm • c~OQW ~OCb OaVfdYpL Q~ a p ~~ C ~~ + ~ S ~~ ~ ~ ~.f ll~fapA ~t bEE ~5 ~~ , ~ ~ ~ ~ . eeza ocm~r res. ii Q ~ 9 B ~ J . aaa i ~ ice. _ ~F{~CY.77~'.£T e~.iir ,' , ~ ` ~ , saes P _ F- . ~i '~ ~3.~ ~ ,. '~ ~'19P~ i~r. T.. re ~ C ! RJIODaI~ W A e7u enm fA1P! mD _p~ 1 ~ ~,~~aria~e~~,~x ~ $ILL7~Y~°HtL'P°itp m~.vmr ~ ~ y S S1 ~ ~ Exhibit A ~ ,~ { - ' ~ ~~ ~~ ~ 1j M ~_ {. p ~ i ~ t1` r f yl ~ ~ ~ ~ ~ ~ { ~ , ~r ~ f r l 1 t, ~ ~ ~ ~ ~ ~ z~ ' , i;! t `; i 3 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 3. Landscape Plan (dated: ~~ 11/0$) ~~ `~ ~~ ~~ :: ;~ ~. ~~ 'i ~i ~, ~~ ii ~~ :~ ,~ ~: ~' ~, ,; ,; ~; ~' ': .~ ~' 'I ~ ai ;; , .~ ;; _ GONCEPil1AL SITE PLAN 2~e _ _ APAPTMENT QOMMUNITY . ~ -' _ IAN I AHO ., _ ..'_., ^:.. ', ~ b9tomademllg6nM s •r,~piS7b1""'- '•,. , m9Qoa+verhossa m~uau `• ~ 'a2?dBIPi~9~ I ~'~ ~~ i ~ . ,4 , K. ~ ,` ,, I ` \~ m ~e ~ ~•. ~~ `~~ •.',. "/ 1;d `'~` ,~ e •. ~. . `~ ~ ~ ~ `~ ~~ _ sue. ~ ' ,' ~ .-N_.. ai~~~v°ai~ru~r t Exhibit A >z fiL a ~ zd ~ m ~_ ~ a d (~~ ~ ~a ° aW m ~~ ~ ~E ~ ~+aC .. ~ ~ ~~ j ~ ~f k { 1 _~ L ~ ~ Tr 2 f ~ 7 y y j.. f. ~ ~ t ~ S. SSSS ~ ` F ~F Y k ~ _ ~ ' S { { \'" .. , ~ . Qg ' ' ~. y ~ ~ . i t {~ I' S ,f k~ i 4 r ~, , , ~ ;,~ ; F ~ ,, tt 4 ~} j 4 3 j ~ a, ~ j r$ gg ~ " t. u S i s { ~ ~ ~: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 4. Elevations for Building A SNE ~EVg10U ~~sr ~[aP.[IiYg10Ii ,~~. ~,~,.~a..,..:,~9 ~~.~ A 19HP~1RSW SV9 7HONf W[atiWU .-gin 6Nt tllvaltOH ~~ Exhibit A =~~ ~~ iii i Y O 6 ~Q ~2 ~~ ~ r ~ j ~~f ~ ` ~ ~~ ~ s~ ~ ~~ 6 i ~' r j ~ I V 1 ~' tl { f } 1, i ` ~ ~ 4 :~iii _ r 4 ~$~ `. :~ ~ ' { F .,~~ l~:s. ~i , CITY OF MERi~DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 5. Elevations for Buildings B & C ao~~~ R ~ .,.,..,.a„ ~.--~ ~,.Y,.,..., ~ ~ o®..~. ~ ~aorea ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 6. Colored Elevations for Buildings B & C (24 unit structure) a u ~ ` ~~ ~ _.i ~J, F m n of , , . n'o _ a .i a ... s h ` ~ ~ n, _~4~~, -_ _ ~ -- 1 -,GY'~ tao S e° a 6 • ~ If nH ~~ ~.4~ ~~ i' 'dU117, jBl 9 r1~ Exhibit A 2 0,~~ ~O• Cr.a s ~-Y3. cn C. 9 ~ ~ ~~ r~~~. ' ; „ ~ -i i: . = , y. _ ~ , '~~ , ~ •~~ ~ '-;~t ~~ . P ~{ , F ~ i i .J- Tlfi , ~; c~ ~ ~' ~ , ~ x ~ ~ x_ y ~ ~ ~ t ~ • ' + .~~ ,z ,~~ f t1 ~ ~ ~ ~ a .~ , : s r , ~ L i~ . ~/ ! \ '-Q ` iJ 1 ]' + 4 _ _ Vp '- Q ~. Y ~ ~ t ~ ~ \ 1W Q _ ~. v 1~ ~.O ~~ ;~ ova °~ ©~°- o ~ e . °' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 7. Elevations for Buildings D, E, & F Exhibit A W ~~~ _ , e- ~a~ ~~ g ~, z 0 a W ~~ ~v CITY OF MERI~DIAIV PLANNING DEPAR'T'MENT STAFF REPORT FORTH°E HEARING DATE OF MAY 20, 2008 8. Elevations for Buildings G & H Exhibit A ~e~ .~ ruuo.n er o gap¢?nt~ rss coon .ma nrtn~a W~ a ~~. a ~~ ~~ ~_ Z. a a ~~ ~~ o$$Z m CITY OF MERIDIAN PLANIVI•NG DEPARTMtENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 9. Elevations for Building I Exhibit A ~ ~ ~ ~ j Y~:, ~ { Y E 9 ~ x °" y' 1} ;~ x t ? ,j .~;f •t~• l: ~ ~ .. is T ~ 8 ,?' z .f~ f ~. gY: ;: S' .~it~ ~, ~ t= S• ~ *'~ ~ i. , ' .S: ..,: `.c r T ~ 1 (:k^5.~ ~; `I..e.n: , • . t Y i ..$•.: p~~ jFi+~" ~' c s~~ "' :A I ' i ~}.: };. is a ~ . 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V`e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 10. Floor Plans of Multi-Family Units iii-n.~- - -~. ,~ .f ,~~. _ i ~a 3 BEDROQ0.1 PU1N 1,77p as .ts uvrrs ~~ 1 ~~. ~4 2 BEOI~OEA PWN +.et e9 » n cmmi r. J • ~ L,~ ~°' J ' 1 w+a.mm. ~~ emnoer NOC EXECYTfVE n 2 BEDROOM PIAN +.~~oey e x am 1 BEDROOM PIAPt eta p. - as ~a n B~p/f1VE t B£DRODlA PLAN en q. » uvn. Exhibit A _ ~~ =~ 8~ yr r k i ~~ 1 t ~ '~ c k L { ~~7.'. ~ ; F ~ ~ ' ~ i L r i 3t ~ .~ ~ ~~ ~ ~u< ,,~ ~, ~ ~ L~ ~ ~ ~a ~ ~ ~~ I ~ j L , i~ ~h ~~~ t i } ~~ >z ~, 1. ' f~ } ~;~ s ;~ ¢~ 33 , ~ ~ # ~ ~ ~ ~ 4 3i~ ~ ~ ~~ ,, '~ ~ Eti e ~ ? ~ , ! i ` ~ ~ ~r ~ 3 ,} ~ ~ 1~ (, ~ r~. ,. t~ ~ 3 ~> Y ~." ~~ IL ~ ~ _ I r ~ : x t~ ~ ~i ~ ~' Ez 1 ~ ~ i ~ _ ~ ~ Q~ L ~ ~ ~ L i~ k ~j IS1, Fleh- ~~ S { 1 n I ; ~ ~~~ . ~ 'S ~ ~ ~? j3 b ~ -~ , ~ ~ 22i i. Y }4 t L ` e ~ L ,,t' i4 ~a 3 ~[ ~ ~, ~~- ~~ ~~ ~ gk ~ •~ L ~k ~~ . {1 ~~ ~ 1 µ~l ~ SjFj .f I~S i. pit - ' ~~ ~ . ~ ~~ ~~ ~ ~ ~ ~ ~ ~~~ ~~ x ~ i4 ~ ~- ' . ~~~+~ Q ~ 'tom ~r 4 ~ s L ~ ~~ ~ F~ t "-y ,t ' ~ ~ ~ r ° L S ~ ~ ~ ~ ' LI T'S ~ f. 1' 'a# + ~ 5~~ y~v f l ~ , ~ ~, 1 t~ SC ~ a 4 r 1 ~ ,j:~ .y, -~ i ~{r~ = f .r ,~~ ` ~{ ~ { ~ - }~ . r ~ A ~ L~ ` . ~ - ~ ~:5 s ~ ~ ~ 4ii - I i ~ ~ ~ { ,~ ~~ r y ~ I, ~~ 3 'r, n ' ~ fig ~ ° 7 ~ ,e ~~ ~~ ~~ R -r i. i ~ .! ~ 41 ~, ~ f~~ ;;q ~ r ~€ F , S Z; .4 r ~ ~~ ~a Yk t t ~~ ~ipFa ~ 'i ~ ( ~ ~ r ", ~ r ' i 1 , T ~ ~ , ~ ~'} { '.'{. ; j ~ ~ ~ S f , . Ta tC ~~ ~ , L s ~ i Q ~E ' ,; j u ~- i` _. - I t~ fi~~ IG $~ } I`~ .~. I ?F+~K ~ z~ ~ ~ ~~~, ~.. ,~~~ 3 ~' ,'I; ~1 ~i: s ~„ 4~ L ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 1 1. Clubhouse Elevations & Floor Plan ~, rp <n a. ,~ m ,,., ~ „ .~ .1 ~ . ~ I ~,,~i,~i, p• c i•'r ' . r . !.• ~ ~ ~ 2 vaarnnanax 7 _ 0 e ~i ~______r_____~ ~___________~ . e ` o . `~ I I 1 1 1 I I 7 0 ~ ~~~ I I I L_~.~_~~~,$dbd6dk dbdkdbdhdi+dl*db d6dbdbdbdkr---___J Ip 11111111 II 11 UII 11 II 11 Il it 011~1~ r I I i i Iallll ~ ~ ~ I J~ - _ xnnnaununenanl Hp4PgP 5P 9P gP9P'tp9P gP4R4P*1RM~gp- 1 ~' L-- -- ~ J r I ~ ~ . ~ I 'om' J Qi '~ -- ' 11.-_______ ____ _______; . 1 1 ~ ~ ~ I I ~ ~ ` Iraw~r~ I *IF I ~ I 1 I 1 1 %' OOYlm8D0Ai10 ~ j I ~ ~___----J ~ _ 1 1 1 ~ ` I I v . .~1 -J ~ ~___r ___- F-- 1 1 ww.~vm ~~ 1 ~ aaa~ 1 ` k_ ---- 1 a ~ _- _- c>_ -__ ____ _Sr ~ 1¢Ol 61i0RA~0E 6 I^ ~ ~ ~ r---------~ nv r~ I F I I I e~ YF1ee ~ H I - I I I OI~ATNOOY 1 . ~r _ 1 1 I I ~~r . I'~ `- -~. • mrmam I .a I 1 1 • ` I 1 I Y ~L____l__- _J, ~ OFHCB 1 I $ I 1 1 1 , t ^...1 ll. ~ 1 I I ,1 I I. I I I ~ 1 1-- I _ ""1°~ 1 1 OFSIlB I ii I J ~ 1 'r_---___-' ~ I I 1 j I I 1 1 1 6M'oa ! ~ ~{~mwuuwa~ ` ----~--~______ J Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 12. Gazebo Elevations .z r ~. 0 nwu ntata >~r ~~// --~ ~~ i !r~ ,;>~V•'4"•' .pb :~ Ana'.` 'S; ~: : ~'`.. L,r B~ ptV6~• 1EPI~sr PIGNT~ t~n^ /17L1•T~~~ ~ ~r Qj]b 6 Exhibit A ~ ~ ~ iv ` ,~ s ~~~~- 1' ~ ;gg t {{ t ¢( ~y ~ t ~ t i ~ ~ -~ 1 ~ ' ti ~. i` f ~ i;-kkp ~ 13 SSZ J~] Y ~ '~'& 1' .fix 1 1 !! •L r ~t ) 4 ~ F •~ 3 4 ~ ~ ':1 ~ 1 . „ ~ , ~ t 4 a ~ ,. ~1 P ~ ~ l ' 1~ ,4 2 F ~6 .! ~ r, r. • -f ~ ~ ~ r. - ~ . . r y C Q' A S ~ .~ ~ i_~ ~ , ~ ~ f ~ yy } S 12r i R: ;4 i .~ ~k~ ~. 1 v ~f ~i - ~ IIt y ~'~ t j 7 ~ T 5 - •Y 1 '~ t 7 t ~~ { ~a ~ ~ i f ~ r ~ ~h, ~ c~ ~ f i ~ ~ ~ r ~ ~ z ' - y ~ ~~ a fir. J~Po ~ :~ ~~ ~. ~ ~ + j ~~ ~ s~ ~ ~ ~ x r ~• 4 1 j~ ~ -~ tp~ ~ ~ ~ a i 7 j 7 1.., ~ f ~~ i t (1 • 4 a ~K ~ 1 ~ ~- [ r x ~ p ~~ ''~- y } ~a ~ r ~ 1 lr Y ! ` C ~ 4 . dd F 11 1 1 _ •7 1 { z ~u 3 `s`i 3 ~ ~ E ~ 4 ~ ~ ~ 7 ~; r ~ ~ z, j ~~ ~ wn s I &~ ~ ~ n ~ ~ F ~ ~~ n ~ ~ ~; ~ !f j ~ ~ ' i ~ ~ ! r t 4 ~. ~' , ~ 3 a,° Fi ~ ~ ~i s ~ k a a ? ,~ t ~ ~ _ Y z s ,4 ~~ ~ a ~ ~ x ~ ~ # • ~d ~ :r ~ ; ~~ . ~ ~ ~ ~ f t : ~ , ! ~ 17 ~~ ~ s ~ fit ~ ~t a : ' ~ a ;4 '~ ~ ~ . ~ ~ , t ~ ~ f ! r ~ ~ ~` I 'f 7 i ~ ~ 1 5 i ~ ~ ~~ 7 ~':! j q b ; i k9. 1 = i .'.ii~ ix i f'4 .. a ~ $ '~' '~. a.r'., $ -i'~x k 1,1 „„ g ice., ~~.A z'l - '4 S :~ •. CITY OF MERIDIAN PLAIVIMIING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 13. Garage Buildings #l & #7 -Elevations & Floor Plan Iii _..~.~. .off ~,~~ •-~ SAD / ~~ -rim. - A w '~~' ~ f .ubletlttli ~1~1.hMi j . F.IGH'I~~ ~RM~ r . ~ i a i ~ a i FP.B~IY~ ' 3' .. ~ B WR~7[T~9 C4'K6~~~ Exhibit A 4'y ` ~~ ~ ~ ~. ~ iz ~ , ~ ~ ~ tq ~.,: `~ ~ ii ~ ~i ~ i n t ~ ~4 3 + J :'~ t7 ~~ a ~ N ~ ~ f t h ,~~ ~~ ~ ~ ~' t i Y ~ `a ~~ ~ ~ P ~ ~ ~ T ~y 1 ~ ~ 11 f ~ ~ r ~ i /. l 1 l1S ti ~, ' ~ . ~' ~ 4 ` i ~4 I ~ 3~ F ~? ~ j{ ~ ~~~ x ti I 1 . ii i~) ~~ I y u tl~i~ i '^ _ ~ Y 4' d ~ ~ d . }leG E FFC ~ i} ~ i~ t e r 1 ~ i 1 ? t t '~ ' 3 3 ~ ~ F ; ~ t . q ~ y _ , . ~ 1 Yt ~ t f ~ k, 1 ~,~ ~i 3jj Ih' ' "7i/ ' li ~ F } 3 ~ ~~~.. ;1 ` ~ ~ ,.F A `} It '`Sk( x SY l \ ~ I ~ ~ t 1 7 ~ ~~ ~ ily - ' S k 4 . 3 K ' ~ Ot.. ~ ` - S ~ It 1~ _ y~ x "A$f } ' t S ~~ r J ~ ~ _ I ~ . 'i 1 U ~ F ~: :,{j 4 ~~ F~:. {, Z t ~ # ~ ,{ y f ~~ I ~ ~- 9 ' 1 t i' ~ ~~ i ' t st 1 ' '~ c ~ 1 ~ ~ : 5Q 3 f{ v : l !~ tt ~ ~" j ~~ . t ' ~ - J $ i ~ 3 . - ~' i ~ Sir ~ ti 1 ~ r F ppppp 'r' f ~ ~ :4 ~ k§ ~ ~ ~ ~ a ,- ~ E' ~ ~ ~ ~l ; 1 ~ ~5 ~ i ~ ~ t~ i 777 eQ t _ , r l 1 y ~ t t ` j 4.i jR ~t - C si ~.:Y HHgg R\ ~ ~ IS; .: I t E ~ [ r . ~ ~ .] ~ E 13 ~ 1 f F . . ~ CITY OF MERIDIAN PI,AlVNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plans tErr cLEVenoN ataR tttvanok ~"~""~O' >F RIGNf EfEVar4N TROM tLEVaTiOk ~^P ~; 1i1 ~!1 ~~ ~' t 0 ~~ l S 1 ~ .. 6 d Y- t 6sRe4iE FLOflR I~LGk p2-,~i8 Exhibit A ~2 1~ l~, ~ y t~ ,~ ~ ~(:'. 'f .l .i' ,' S i". ~~ ` `. •~ ~r~mo ruenr+v r ~:+-~nnm ~' I !• (~ j- 5~ r A' ~~ f, I f 1(~j, j', .~-t ~ ~1;:' r r E ., a } ~~ ~ '~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MAY 20, 2008 B. Ee11~e1~Condtions of Approval 1. PLANNING DEPARTMENT (DRAFT) 1.1 Annexation & Zoning Comments 1.1.1 The legal description submitted with the application (stamped on June 14; 2006 by Darin Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission 1.1.2 The applicant's request for annexation and zoning of 10.56 acres to R-40 is approved. The applicant's request for annexation and zoning of 1.5 acres to C-C is ~ approved. 1.1.3 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 6-aiea~s ,1~ of the City Council's approval of this application. See section 10 above for analysis and comments regarding the Planning Department recommended Development Agreement provisions. 1.2 Site Specific Requirements -Conditional Use Permit 1.2.1 The site plan, labeled as Sheet 1 of 1, prepared by Mason & Stanfield, Inc., stamped by Scott Stanfield on ~fAB 3/12/08, is net approved with the conditions sta~telld herein. .. ~,. •1.s ..~ nl~~~c91 t' ~~~zun-51$$-9x0 ~~'~-r>" a~i~ r ~ ~ .All comments of the accompanying Annexation & Zoning (AZ-08-003) application shall also be considered conditions of the Conditional Use Permit (CUP-08-004). 1.2.2 The landscape plan, prepared by Bach Homes, dated 1/08, is approved with the following modifications/notes: a. Per UDC Table 11-2A-8, a 20-foot wide street buffer is required along the future extension of E. River Valley Road.1NMID will not allow landscaping (~~ trees) within their easement for the Downev Sublateral and if there is not sufricient room outside of the easement for the street buffer. the applicant shall provide an additional S-foot wide stria for landscaping outside ofthe N1llID easemesr~ per UDC 11-3B-7CIb; b. ~ Per UDC Table 11-2A-$, a 20-foot wide street buffer is required along Allys Way; c. Per UDC Table 11-2A-8, a 35-foot wide street buffer will be required along Eagle Road/SH 55, an entryway corridor (upon development of the commercial portion of the site when annexed). d. A 25-foot wide buffer shall be provided along the east side of the C-C zoned portion of the site adiacent to the multi-family development and along the south side of the C-C zoned portion of the site IF a residence exists at the time of CZC submittal e. Per UDC 11-3B-8C. a 5-foot wide perimeter landscape buffer is required adjacent to arlcin and vehicular use areas glop the north bounda of the site and ad'acent to the existing residence on the west boundary of the site. Said buffer is required to be planted with one tree per 35 linear feet and shrubs lawn or other vegetative around cover. f. Include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 g. Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: • The landscaped azea shall be at least 3-feet wide; • For every 3 lineaz feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and • Ground cover plants shall be planted in the remainder of the landscaped azea. h. A 10-foot wide multi-use pathway and bridge over the South Slough shall be provided on the site in accordance with the Parks Department conditions contained below in Section 5, the standards in the Master Pathways Plan, and UDC 11-3A-8. 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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 Twenty-six foot wide private streets shall be constructed within this development in accordance with the standards listed in UDC I 1-3F-4. Further. the applicant shall comely with all of the standards listed in UDC 11-3F-4 for urivate streets. 1.2.4 The applicant must either install wheel stops for all pazking adjacent to sidewallcs or landscaping or the sidewalk or landscape azea maybe widened 2 feet to allow for vehicle overhang, and the stall length may be reduced by 2 feet (from 19' to 17'), per UDC 11-3C-SB. 1.2.5 Bicycle parking is required to be provided on the site. Per UDC 11-3C-6G, 1 bicycle pazking space is required for every 25 proposed vehicle pazking spaces or portion thereof. 1.2.6 The applicant should submit a letter from Nampa Meridian Irrigation District the ', documenting that they are amenable to relocating the Downey Sublateral and easement that currently exists along the southern boundary of the site. If NMID is not amenable to relocating the easement, the sue plan shall be revised so that structures are located outside of the easement Additionally, if NMID will not allow landscaping (i.~ trees) within their easement and there is not sufficient room outside of the easement for the required street buffer along River Valley Road, an additional S foot wide strip shall be provided for street buffer landscaping. 1.2.10 The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACRD standards, in alignment with Allys Way north of the site, on the north side of Ustick Road. A stab street driveway shall be constructed for emergency access only to/from the site to/from Allys Way that meets the Fire Department's turning radius requirements stated below in #3.3. 1.2.13 Per UDC I 1-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, 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. Exhibit B CITY OF M•ERIDIAIV PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 1.2.16 All sgnage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.17 An underground, pressurized irrigation system shall be installed to all landscape areas within the development per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9- 1-28. Z. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Eagle Rd. The applicant shall install mains to and through this subdivision; the 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 Eagle Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common Iot 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 a plat, but rather dedicated outside the plat process 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. 2.5 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 issuance of building permits. 2.6 All existing structures that are required to be iemoved shall be prior to issuance of building permits. 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 issuance of building permits. 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 purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 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 aze 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 issuance of building permits 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as deten~nined during the plan review process, prior to issuance of building permits 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 maybe 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 aze 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 the multifamily buildings 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 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 tie 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 aze 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. 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 3.2 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. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. ..b .. ~v ' 7 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than '/: the diagonal measurement of the full development. The applicant shall provide a stub street to the property from Aliys Way at the east boundary of the site. See fire code 503.1.2 for multi-family developments over 200 units. The annlicant has revised the site elan to include an emergency access to Allvs Wav; however. in order for this to meet the aforementioned requirement a street connection needs to be provided either north to Ustick or through the CenterCal nroiect to Fairview ' 3.6 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. 3.7 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. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.11 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.12 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 B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 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). 3.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.14 There shall be a fire hydrant within 100' of all fire department connections. 3.15 Buildings over 30' in height are required to Have access roads in accordance with The International Fire Code Appendix D Section D105. The 26' wide roads shall be required to be a max of 30' from the building, and shall be positioned parallel to one entire side of the building. The fire sprinkler system is required to be upgraded to a NFPA 13; contact the Fire Department. 3.16 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3..17 Pool chemicals shall be stored incompliance with the International Fire Code. 3:18 Multi-Family and Commercial projects shal'1 be required to provide additional 60" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is•provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.19 Private streets are required within the development for addressing purposes. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Applicant shall construct the sidewallc along the north side of River Valley Street as a 10-foot wide, multi-use pathway. A detached nathwav is strongly preferred. pendinu asproval by ACRD and NMID. Applicant shall cover the cost of replacinu the detached pathway if necessary due to future irrigation facility maintenance 5.2 Applicant shall construct the sidewalk along the west side of Ally's Wav as a 10-foot wide multi-use nathwav. 5.3 Applicant shall construct a 5-foot wide minimum multi-use nathwav through project. connecting between River Valley Street and the pedestrian bridge Applicant shall maintain the 5-foot ath section and si it for ublic access. 5.4 Applicant shall design a pedestrian crossing at the South Slough/Finch Lateral, secure necessary permits frorn the irrigation district and City floodplain administrator, prepaze cost estimates, and provide funds ur a trust for half the cost of constructing the crossing. 5.5 All pathways, except as noted in these conditions of approval shall be built to the minimum standards published in the Comprehensive Pazks & Recreation System Plan, pgs. 3-2 through 3-4, sections B and C. 5.6 An easement shall be provided for public access to and maintenance of the pathways. The City will not assume maintenance of the pathway until it connects from one major arterial road to another, unless otherwise agreed to by the Pazks & Recreation Department. . Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY Z0, 2008 6. SANITARY SERVICE COMPANY ....: ~.. 0 ~ ul~.t: l.e Tt..wrw tia ~ nAUC +1.. F ~L a .t•~ t' '~ ~t • o ^ '~ g.u 1 7 , ~' The site elan has been revised to comely with SSC requirements 7. ADA COUNTY HIGBWAY DISTRICT In response to your request for comment on VAR-08-002, the Ada County Highway District (ACRD) Planning Review staff has reviewed the submitted application and site plan. It has been determined that there are no site specific requirements for you at this time due to the fact that: • This development will generate less than 10 vehicle trips per day (VTD). If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require improvements to the transportation system at that time. • Prior to final approval you will need to submit construction plans to the ACRD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a sepazate review process that requires direct plans submittal to the Development Review staff at the Highway District. • A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information regazding impact fees. 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of TI'D and City of Meridian for the Eagle Road (SH-55) frontage. Submit to the District a letter from ITD regazding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 7.1.2 In the right-of--way to be provided by the development to the south, construct the portion of River Valley Street abutting the site's south property line as a half street section with a minimum 24- feet of pavement, vertical curb and gutter on the north side, and a 3-foot gravel shoulder with a barrow ditch on the south side of the roadway. 7.1.3 Dedicate a minimum of 40-feet ofright-of--way from the east property line out to Eagle Road for the construction of River Valley Street prior to plans approval or issuance of a building permit. 7.1.4 Construct a 10-foot wide multiuse pathway along the south boundary of the site, inside a public sidewalk easement, north of and parallel to River Valley Street. Pipe the Stokesberry Lateral wherever it runs between the path and the River Valley Street right-of--way. ff any portion of the Exhibit B CITY OF MERIDIAN PLANiVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 path lies within an irrigation easement, the sidewalk easement shall be recorded prior to the irrigation easement. 7.1.5 In the right-of--way to be provided by the development to the south, construct the portion of River Valley Street between the site's southwest corner and Eagle Road as an off-site street improvement, with a minimum of 24-feet of pavement and minimum 3-foot gravel shoulders and borrow ditches on either side. 7.1.6 Provide ACRD with a road trust deposit for one-eighth of the cost of installing a traffic signal and full intersection improvements at Eagle Road /River Valley Street. 7.1.7 Construct Allys Avenue intersecting River Valley Street at the east property line as a complete collector street section with vertical curb, gutter, and 7-foot attached concrete sidewalk. Extend the section from River Valley Street to the south easement line of South Slough imgation ditch. Dedicate 64-feet ofright-of--way containing the constructed portion of Allys Avenue by means of recordation of a final subdivision plat or execution of a warranty deed 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. 7.1.8 Construct an emergency access on Allys Avenue approximately 140-feet north of River Valley Road. Install a restrictive device to allow emergency access only (i.e. gates, bollards, etc.) to be approved by the Fire Department 7.1.9 To accommodate the extension of Allys Avenue across the South Slough irrigation ditch, either: a. Provide ACRD with a road trust deposit for one-half of the cost of constructing the crossing of the South Slough irrigation ditch at the northern terminus of Ally's Avenue, or b. Construct a bridge over South Slough and extend Ally's Avenue as a full collector street section to the north bank. Orie-half the cost of the bridge construction may be used to offset the road trust deposit required in condition 6 for the signalization of the Eagle Road/River Valley Street intersection. 7.1.10 Locate the western driveway on River Valley Street no closer than 500-feet east the centerline of Eagle Road. Construct it as a curb return with nunirnum 15-foot radii, 46-feet wide (back-of curb to back-of--curb) with a center island, and paved its entire width and'at least.30-feet into the site 7.1.11 Locate the eastern driveway on River Valley Street no closer than 175-feet from the western driveway or the intersection of Allys Avenue (near-edge to near-edge). Construct it as a curb return with minimum 15-foot radii, to be no greater than 36-feet wide (back-of curb to back-of- curb), and paved its entire width and at least 30-feet into the site. 7.1.12 Coordinate all germane design and timeline functions with TTD, ACRD, the adjacent property owners, and Meridian City.concerning the connection and alignment of River Valley Street to Eagle Road. 7.1.13 Provide access (and ail necessary easements) to all adjacent parcels with frontage on Eagle Road to ensure them future access onto River Valley Street through the site. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 20, 2008 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Palicy. 7.2.6 Utility street cuts in pavement less than five years ald are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 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 ACRD 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. 7.2.12 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 confirrnation of any change from the Ada County Highway District. 7.2.13 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 C. Legal Descriptions & Exhibit Maps 1. Proposed Annexation Area ~1~ & $TAfv~FIELD, ~1~T~. PRD~'ESStON~l.~~~1/V.aRS, LA11/b.Slle1'EYORS~i ~~'AMV;is.~S x;14 ~Abidtr-•,SiREET Cntuwl,, iDAgo t hOIti $atli Buil'deis D'A1':E; A.prii 1:8; 2t)Qfi R~Yi$ED•AIVNLXATION •iPRdP1~tTY DESCitIP7~0~T A~~'~iRM1~,~D:~X ~4QRis1 DA3'A, ~vrt~~:.4aa~ as4+pzss GA7tt:(30$y 454~09?9 Tmett: dbo'hhey~al$etig,as Aparcel of land'beiiiga iun b#'tlie• SVIf :1~I41~1W 114' of'Sec6,wn 4; Towa~lup'3 N'oitb; Range 1 ,1~. ~$4~se ~+lendar~ City of'~ea~~$iea, Ad4•Cpuntyldaho; ~a4 showy :dn that cert~iq'Rccaft!d o>; Surve~+~To,.6638, recorded as InstnunetttlVo, l`04:12401$ oft Sept: 2g, 2004 in the OfTce of the Record of Ada Coupty, Imo, Iry. Artderscitu ~atvdy: Group, Iidc ..forErisa Weiss ;motaz~ paiti'ctdacly:desmlietl as follov~ Cotrtmet:ci t~..at,the~T•Wcornneiofs~id„SW :~•/4~NWi l;<9, ~iVortJi 1~~T~6'.oornercomioon'tosectiogs4 and'S},: said comer Beats S', ~t)0° ~'f' 08'! `Q1-:, a diste of 1291.1:7 feet frrim't1_te N'W coiner of said. Sectiion.4. ~ltencn S.'00" 36' .1~:"'W., a diS•t8~ice of 776 26 Lfcypi~tY Sotitli~, along the vwesterty boundbry of mid' $~ zf4 NW 1~4 to ffie PO, ,fly`s ON BE~INIV~NG; Tttence.$.,89° 23' 49"`R..:aldisfance~ of 7b.00.fem,.(fomierly F.ast~,.to a point on.theeasteily bo>maaty of that certain. W.at~anty Deed wed as Instrument eta 93a,1~8434 in~ the Qffice of Ihe• Tteearder o£Ada Count,.Idaho, sau¢ ~oiiat mtrnumenf~ viitli .~ mod. S/.8 inch diameter iron..pln iuariced `-'A$G ~L$. 73'T4't; - Thence aTdng,the btiiutdery:o~:said lieaord'~of Siavey~ 3yo. 6638~t1~e foltow.ingcourses aad disb~es; 3lienoe tsoatinu~ng :$: $.~° •2~•# 49" E., :~ a .o~Z3:oo0 . . feet, (former~I~t~ to a fotmd Sf8 inch dtrrpap~n marked "ASG PY:S• ~3~I•.4° 'Iheitce 1~ '00° 36' T 1"I~;:a~ distancs3 of 21.8.08. feet, f fomtealy Noitit 218',Q5 feet, to a°7lbint oi~~ilie scs botm a1'that oetaia` , ~. tither~+ ~' ``Dete~mrnation o~~Heus". •C,a.~ Nq: ~1' 7~ 03.0.0•S20M, r~o~deil as lnsiiiument•1\lo '1'04'{bTO~~~ in ltie Office• of ~e Recorder of Ada Couary, Idaho, said ixiiat witnessed. S; •OU° 3~' •1.l" W,;: a distance t~f40:00 -feet vrttli.a ~~timd.518 i>it~ `diameter.iionpisa 7'l~ence cot}timpng aYpbg tlte'6otmdary of ~d~]~cord~ df Sun!e~+I~To 6ti38 aud`alottg •hc ~utiterly. bowidaryof.seit~InstrumteniNt~:1Od04'1079~tltefoUocdutses.,a0ci'distaace~; Iltenee'T't. 84e 26' .l I:" 1;~:,. s disiance t~f 1'7:43'.feet; •(fo,~mgr~ly: N..$3a~p'E...j'~to a• por#t:. Exhibit C ,~~• ~. f. ;r.,. ~~. ~! t (i i ~ h` ~ f ;` t~. ~ is`: 1s I ~ ~- k' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 r ~'- '1 :IQN.Bt.STA1R'Bll:f,.D IiVtzy ~J-~lA~~: UI1m SUI PV~'3', '1?eotoN,jL _ ' ; ; OJP~,.de RLfA9~F.RS• ~P~e,~•.ot:3. ~aefi nlYilderalVlWti Femrly,TT~k20~\Suaj!cylFegalslRev~~Ad~exdQc 1`hence ~S..db° 1~8~' III" Ir., .s' dstance~o>r 264,.10 2,`eeta~formerly $. 64° SS's:?; to a point, :~iid• point #'ef S. 454.2b~' '1 ~~' ~VV„ ~.diSlaace of 3A.On~ fcetwith a: found SJIi Tisch :diameter rpD •pin tiarl"red "ASG pL~ 731'4"; Tbenc•.e ~ 34b 4~8a 49~' i~:, .a distance of ~•227.7'O feet;(~o~erty S: 35' Zi'E:)~ to• a poin#, sAid point. .refer~ited 5. $6°'49' t$"' W.s•n dis~ice'of;l'),30feetr-with a~'owut5/8 ii-clt diatneier iron.pin metrk'ed~ "AS.~ PTrS 7.3J:~"; . Thence $, 71•° I6' 4.0" &,. ~ distance~Qf 132:00 feet;(formeily S:. 7I~ S~'1:. ?, tq a found 5/8 inch diameter ixoi~ pin marked "A~~ P1;S 7314" 't'hence S ~85°.33' 49" i<y, 9 distance of 1.74_9Q feet,{foQipcr•Iy S. $b° 1:4'E:.},, tp. apoint, .mid point rtfeigs~tced'~. 27° 4~s .23" VIr.; a~ distancx o~30:00 ~fcet wii3i ~afouiid;~5%8 i~ :diameter i1?on pia. maryced "ASG PAS 73.1:4"!. 'T'hence S, 40e 43' gip" 1~, a distance-of 364<98 feet, {fornaetlp S 4l' 20'E., a dasttuace of~366.30 feet; tq a ~fourid 3X8 inoH diameter r!on.~pu~ marked ",A.SG PLS 731.4"; Thence' S. '~°' 38' 49" 1., a distanccf of 99:29 f_cei.(fattnerly! S.. 73° ~ 5'E., a distance .ot 9$.34 :feet), to Faint an' the eastei ~o... IY tmdary.ef'sa~d SW 114.1~IW 1/4, saadpoi~tt Witiosessed S. 00° 4.a`4$" W:; ,a• distaace. pf'~:0 Oa fact with, a fowYd ~•B >nch diatiteter ;iron pm "A•St; PLS ~3 i.4 ~~~ Iegving.fhe southerly. boundary oFsaidlnstrurnelnt ~To: 1:040'47079 an¢•contii~tmag':~tlong tbe• boundary vf~aid:Record of~Survey: blo 6¢3$; S~. 00~•dQ'A$" W,,.a•distanceof~111•.65:fcet;~formeriy Sattth.a dtstaaee of ~ 1.•~r$6• feet), slang the ea~~ly~ botatdary of~said '$W 1/4 NW l l4 do the S ~connec ofsaid S~V I/4.I~TIiii 1/~, (.9ente'west. lt2b eq~iGC},.skid' cozt~•~;oliument~rovith afound ,SB Taub diametet.iror,.pili..inarlred ~'AT PY,S 434'1"; . Thence N. '89':45' .2`I" w;, a distance of 97$.37 #cei;(fiirmerly Wei n:distauce :of 479:24 feet), along~tlie,saiaherly.'boimdaky of said SVIi 1%4 TTM I/4 to••afound 3/8 inch diameter iroapin.marked "AS© AI,~ fi31~4~` which becus S:- $~ 43•' :21~' E„ a•:i#isttinos of 3.50,00• feet froth. the ~ W ooiiaer' of ~udSW 1•/~NW 1f4(1./.4•coiaer.commonto stations 4 and.}; `Thence N 00° .3b' .1 T" E., ~ distar3ce of 180;00 feet (foirrierty NortL), to a found S/8°utch die~meter iron pin merited "ASG FLS 73J 4", Thence N 8g° ¢5' ~2 t'~ W., a distau~ce iif'49:86~ ~'e~t,(~~erly 'West), to a pater oa fhe easterly l~uat~r}''9~t4at,cc~;in 1~/:errant3r. Deed- rccorcled' as~nsbtmtntNo. '77~180b•in'the 0t~ice a~7he Recotder• of Cotmiy; Idaho, said: ponit~ ttiioriunzenfed. vyt~ka touad•.3%8~ inch dittnitetei iron pin Thencx' 1~ ~' .36' 1.1'° E., s distancee .of 143,00 feet, •(forrneriy North); along the. easterly brnmdar-y :of said. instnprient 1~0.. 7Z418Qb t4 a :pct~;nta said point. ~wttetesfiod ~. q0° 3:b' l 1" W., .a distuac~g of ~•1.OOrfot9t ~vtb a fa',u»d SI8 incTi ctiartteter~ ironpia maicked 4/~Sa PI.$° 73"l~4' ;. Exhibit C ~• ~; f ~ , . ~ s , ~ j, ;s ~ ti- `'~ ~ r f SS ~[ f ~ f.' , i i ~~„ •~.., {' i ~. 1 ~ }. t~ i sj .1 ~ ~ ,r ~L t+ f" yyl F ' ! ~; ~ ~ n ~ r ~ tj ~ ~ `{ e~1 .Y• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 „ , . ,,;r,•~ :PLC6~$7o.N,AL En'lrliivp,7 ~ ~.~ ~itA,vii pegs 3 dt3. Bach H'~lders; A9ulti 'pam7y~TV 12~51SurveylietRevis~lAjinexd_gc ~'bence N,.:89' 45' 2 j "' V1+ ~~.a distance o~ 23(}:14 f~t,(fpr~Terly Wes) ~~o~ng ~e ngt~~Xl~*`tiouadary •o# sazd lristfumettt l~t-, 7~A,18bi5 to a ~biiit otl.the. ea~~~i~y)?onndar-y ott6•a~ said• yVan~nty Deed lnstruma~~Nt~, 9501 $43A;:.sa~ct ~gornt ntantlnnented wit}18 found S/:$ -inch diszti~terrron pin: ~a~erl ~~~ P~ 731:4. - ~ ~ - penceq~ ~ gg~.4~'.27" W.,.e aist of 7o-; t along the exiension:of sad ~ottit~r•~yr'b0iu~idan!-ta .a.~itoat :qdf~ vi-irstetfy louin- of said ~ W 1 /4 N~V ~I•i4; 'I~n~e N~ UOp 3`6' i i"~., ~ ds~ce of 2~$ ~4 feet along Cite easterly bE?~imdary elf ~.id W~rant,1- Aheti Instrirmeni 1do.45t?X8434 to the.l'437N~' of $:>~~~•.~jlVI1~1G. ?Gt~is ;J!' ctfntains 1-.2:06 :acres rrtorc or, less. All,~cording tc-,tl~Fd ofsr~:vey.as.tecarded ifi. the O$yceof the Ada Cannty 12e~(inde~: .wfB~CT•'C4: All cxi$tng rile of~way ~~;nd`easement~ of record or implied appeariiag on the a~4ve~describ~'pa+~el of:tand' TbisLegal liption. was wtatt~r without the ~l~eaetYt of~8a•achia,.i bottnt~aty.~vey. ~.t~nrses ~O~"A ha• were P~F: i~rbpi tip ~la-n•.~ieeord•.of •$urv~- ~br'"6b3>l"• ]2ec~rded ~nstrunient.No ~.,I.04i~4tfi1~$" an..thc Office o€t]icR,ccor~d+er; ~fA~a•C,o~ty, Idaho. - vAL Q~. ~~~~, ~~~~ ~~c Exhibit C s ~' =i t, i i. }. '~i , -, ,•~ ~ f '} ~ ., ,$ ~} ;j 9( r z ~: 'i y' ~ ~ . 4` ~ ~ t' E ~ ~ ' ~ ~ ~ . + ~' , x r ~ ~ i i = y: rir ' i, i ttai , ,~ ~~~. if 1 r ,r` i '` ~ ~ , ~' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 Jar .oF ~~pp ~ 0,1„ ~!f ~'~ q. N LS. `wf . •X~0:1~~q~' ~g .~ i ~~~i~ - L4 ~rricr. ... "~.-.~9P _ ~SO.bv_ se~~ ~R 3~ S3 E1~TI~K ROAQ 5 4 ti+ c~:+ N1f16 camel 3ai(te_ro 4N~ .~ ~, ~ - ~ ~ ~ z C - I.~ TAt~.£ L.NE 6EAftWG ' d.SF. ~ ~ sss•~ a~ dz s~ ~i~~ ~ooo L3' SBB'. .151~t. 11;50 . .L4. Sxl'42'T31J J0.00 M88'~S' t.".w ~ ~. 06 ACreS, s ~... ~~ ~ ~ ~. ~~ TM l:S tSfT R~~ • p BY 0~ •I00: ~flU 400 !~f„ 25 y~p~l(S 6EPT LEt~4EIVD o -ca~,r~~ Poor ®. Fwd bFa~ss: cop irtotawi~enf Fo+au! 5/$ Koch c8o. ircn P~ ror/Ptos~ c~P wASt3 ~'!.5 7si4°, Mess olhecwise roo~~. ~x. WiLeess eorr~r ~+ J~olerence ~o~,rncnt -. - ~FCf1.on Jtrae - ~~ 1 ~"~ tro.wg riw n~c-, Exhibit C t ,. i~ (_ , ~,'.' ~ ~` ~1 ;r Ft is ' i ~..`>i t; i `, f" }~ ? 1 4. ~, { ~~ CITY OF MERII3IAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 2. Proposed C-C Boundary • ~~,~~ ~ P-ofessional Engineers, Land Surveyors and Planners .. ~- ,~~ Ph (208) 445A-0258 St Faz (20~ 1459-0979 ~6~t~tJ. l~~a~ . s lnG eanaik dhRi~!l~ FOR: Bach Builders JOB'INO.: NV1205 DATE; June $; 2006 ANNEXATION PROPERTY DESCRIPTION PARCELI A parcel of land being a portion of the S9V 1/4 NW 1/4 of Section 4, Township 3 Worth, Range 1 Fast, Boise Meridian, City of Meridian, Ada County Idaho, as shown oa that certain Record of Survey No. 6638, recorded as iinstruiment No.104124018 on Sept. 28, 20114 in the OfRce of the Recrorder ofAda Cou~y, Idaho, by Anderson Survey-Group, Inc, for.Brian Weiss, more particularly described as follows: Commencing at the SW comer of said SVi/1/4 N9V1/4, (Wl/4 comer of Section 4), said comer monume~ed wiith a brass disk; Thence N. 00° 36' 08" E. a distance of 543.94 feet along•the westerly.boundary of said S~VI/4 NR7.1l4 to the PO1f11TI' OF BEGIIVNYNG,; Thence. S: 8~" 23' S~" E. a distance of 70:00 feet perpendiailar to said westerly boundary to a poim monumented with a fonndS/8-inch diameter iron pin; Thence continuing S: 89° 23' S2" E. a distance of 230:00 feet to a found Sl8-inch diameter iron pin.; Thence S. 00° 33' S4" ~V. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence, N. 89° 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said SW t/4 NWI/4 to a foul 5/8-inch diameter imn pin; Thence, N. 89° 45' 23" W. a distance of 70.00 feet parallel with the souUterly boundary of said SW l/4 NEVI/4 to a ihund 518-inch diameter iron pity Thence N. QO° 36' 11" E a distance of 218.94 feet parallel wig the westerly boundary of said SWl/4 NWI%4 to the POINT OF BIEG1iNNING. This parcel contains 1.30 acres more or less. Also, this parcel' is subject to all easenieats andrights-0f-way of t+ecord or implied. Exhibit C r~" . ~~ s ,. ~` ;! ~~ s ~'-.- :~, .' , t ~' -t +~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 z 32 ~ 33 I -,_~ ~ 5 ~ e ~ :POINT flF ~~~ "' , P'A~`ELL 1 i o a~J;~ 7314 - - S~jo•23`52°E s is ~3i4 0 21D.f00' - - k~ ~I ~I ,~ o~ m Pcarcet 3 F l o ~ i vu 1.$t? A.res. ; ~lr~ o ~ N Ptoposesi o, c.~ i ~ l ~5 ~'' ~ asp "4~' ~3i4 230.15' aSV ~s r,~t4 '~*.~` ~~, ' ~t :t . ~. }~ ~ ~ ~ ~ A50 45.7 , s A.3~ LS 7.314 I ~ a ~ r- =----S~DJtESBERr?Y t,AT'~R~ ----_r-.+,..~....-- _J_--- - ~--------- --_~_ ~~~ ~~~~s~a~ - - 3~w~ a~ LS ~a PARQE7.1 ®pItBR .~ as +meo~ oi+s eu. art 1 _~ a50'1 c 6p,~jneee ~ P o !OQ asu. a'1YI:el hx. m~ea~sau~er+r~r ~~~~ Exhibit C ,. :~ ~ ; ~ ~, r' G ..€. ~ ~ ~ ~ S ; 'd e } f y i 11 ~ € pj ~~ s. f ~~ '~, ~f~,, ~ ~ ,r ~ ~f r ; ~ ~ ~ V~ ~ .~ _ . Y . . -z k ~ ' ice ` ~ fi ~'~ ~~ f ~ ~ ~$ ~ st~ ~{' ~ ~ ~ :~ ' r `;(~ ~ f ; . . 1 li ~ fi ~ ~ A ~. _ s ~ {{) ~ ~ ', ~ ~ ~ k ~. E ~ f ^A:. _ p ~ ~tt f ) ~ E ~ .} Y ~[ ~ ,, i # 3 1 IX ~ i ' f S q ~' } ~ ~ ~ e k i ~ x ~4- - ' f l i~ ~ o- ~ r~ '1 ~ ~ f rT ~ ~ i } } ~ i ~ ~r ~ ` S ~ 34- ~ 7 ,, ~ ~ ~ j es a, ~ q :~ f ~ ,. 5 ~. ~ ~ " ~ . ~ }, i _ 7 ; ~ } -~~ 1 1 } ~ ~~ ~ i ~ III ~ F ~~ ti~ ^ } S f!k j fl ( 2 tt 3} !Ii cJ ~ yyy a r' i I{ t 1 ' ?. . } I G } 1 ,it, i s rrta, a Y ~# fl Ai tj} a ~ } rf r c i f 4RE TA$4g LkiE I~l1FBt3 dSTAT1CE L3 589 Z332'~ i.8. 584'4S'24`E 7Q, ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 3. Proposed R-40 Boundary ~:~~ f'~ ~ Frotesstotiai Era~,ilteej's, Land Surveyors and- Planners f ,,,,~ -~ ~3148adiola Sl. Caldwell; ID•88605 . ~a r~'~i~.~C~ ~~~ ~ ' • Ph (2t?$} 4~4-Q~'~'C Fax ~~208~ 459-09;79 e-mail! ~i~- :e , .en .:. PROPIRTY bES~I,tIP'~~ON PAI~CEIL~2~ -4a A parcel of Iand .bed-a ptir~ioa• of the SW 1#$ ~1r 1~/4 of Section tl; 7'ow~lup 3 Nortly R,t;nQe 1 Boise M~idiaa, -City gf Me_ridiaat. Ada . Countyldaho,-rls•ss~own on tiaat~ceifeiaRe~ord of •Smvey Tio 6638~.~ a~, liastrumerit No. 1:0412401$• on, Sept 28, 2UQ4 in~the Oi~ce of tie IZecor~ler of Ada; Couatjrr Idaho; by Andetson, ~S'tavey Qmup; fns<.1'or Brian Feiss, more padtcularly described •es toll-ows Commencin& at i~ie SW~corriei: of~said: S'dVl/4 NWll.4,: (~#+1f4 coiner ot:5edion~~4), ~d vainer m9ayinieitled<i~th~ a.btass •dislr, `Thanecr S, 89°~ 4S~ 23" E~ a distance of. 33Q.0`1 feet:to the P(~Il~IT ~UI~.BEGINNING, mid .point ;rndnnnnanted wit6.a #ound 5f.$+iocii diameter u+nn pine 'I'Iience.N Oo' 36' 08" ~ a distsaceof 1$x,00 feet.pararlel with:tlie wt~erlyboundarjr o£;said,$~ 1/4,TT~V' 114 to~ a ftlund Sf8=inch: diameter iron Rin; ' 'Thence l~ $1°4,5' 2~" ~' a dish of 49:8b.feet garaUel with tl"ie, ~utheily.bounc>ary of said SWUA:~ipVl%4 to a:fountl S/~-;inch~~anteter iron pin;: Themcc N g0a .3.6'• OS't E. a distance of 1.43 Of} •feet paraUel~vv~itb tYte westerly 6ouadary cif said Sqt '114 NVR! 1/4 •W afottmd 518 in_Fh diameter urii~.piq - T..hence N, .OU" 33' S4°'~E, a distance of 21:7 p6 fit to a ~'omnd Sl8=inch dittineter iiaon pia; `•Thence N.:009' 3!~' 48" ~F a: distance of 2y.8,Q8 feet altet with tip vi+~sterly ~oimdary- of mid, S~V 1 /4, NVGr 114: to a poiat~ :tl~t_fayis ~m the $outb ~Slougl~; 'Thence~along said $outh• SI'ougti: t)te fbllowiing:co and dis~i~s; . Thence Ni. 8+4°'.2d' p8" ~.. a:ttstenc~~ of 1.7.43 feerto 4 ~in~ Theirce. 5~,. 66° 'l,8'' Sfi°' E';• a distance o~2l4.00 .feet-to:e gt~int; 'Thence S>34° 4:8' S•~"'>w.g~list~uoce-of:227:70fec~io-a~iri~. Thence,S. 9:1'O 16' S2".): a distance of;132;b0` feet to,$;point; Tlience.S': 85° ~~' 32° E.:a di's#ance~.of 14:90 ~e~t to a going. 'thence 5.40,°•43' S•2" :E, a c~stesse of 3.64,98 feet~tq:ap6inti, Exhibit C a ;t r~.,s t; .~: lt. '~ { t.. 5 s;, ti '~ F CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY Z0, 2008 ~~ ' ]T.\ iNASOIV` & S`C4i1!Ii6~ELDs j,YC, sr~a,.:c~vo~ Eivcrn~& P.t.~n-N~Irs Psge~Z ~epc~ $. 72°':5$' S2" ~~. ;a di5elpce of 9:9,2 fcet'.to:a point dn:ihe easterly ~aunda~r.•yy of said.~W.l~~ ~IW`l/4, 'Thence leavii~, said .slon~h $. O6° ~7' S2" W. $. distance of 11 ~ .G~ feet slong:~d easterly bAUnty t~ SE egmer of said S~V_ 1/4 NVt+1/4, said c~r8ier uignumeAt~. wrth a found 5;'8=inch diameter itor~.pini Thence N', ~~' 45' 23°' W. $.distance of 928:3• feet ala~dg the ~soutHerly ~bopndaiY of said .$ W 1 /.4 i~l/4 i4 PO.~Na' OF BF~I~IN1N~. `1'his..~rsel eontaitu:1~0:56;aci+es more 4r`te~s. ~: ibi,~ parc~i is•su6ject to au ea~tnents axtd: ri~s~f.-.may of n~ord>cir implied. ~Y.... 2~ ~'~ ,~v~ ~s.o~' Exhibit C } ~ r `:, E t Fn ~ ~'~ ~ ~~ ~ ~ ' ~ ~ # ~ ~ ~ ~~ rK' ! I # 5 ~ ~; a ,y ~ 2E` ~ ' ~ `~ i'~ ~ ~ ' ~ ` ~a a Ei ~i ~ ~ ~ 1 ~ ~r . } ~ ~ ~~ f ~ i~ SF~ ~ ~c~ ~i F ~+1 ~ ~ 1 A~~ .fig ,1 R ~~ ' ~i ~~~ ` ` pp & ~ ~ ~.~ t 3 ~ r. t~~y ~ ~ 5 ~'~ _ ~Fr k 1 ~ t!{$ry' ~ ~ Y[. i~ t $ M p i rx ig j ~ ' 88 t ' ~~ ~ s~ ~; ii r p : r.: a x ~r ~, xx ~~ ~ n ., ~ ~ ^ 5~,=1 ~ ,~ ft~'~ ~~ Elh t ~J ;q~ ~ ~1 4 ~ ~ ~~ ~ ~ ~~ ~ { r 5 ~i~ t ~~ 1~ ,! 'bi } J ~. 1 4. ~ ~ ~ c F E rte, i *s '~ ~ . i_ Si rl ~ ~ 7 ~ '~ ~ t ~~ ~ t~ + } p Y :C ~ i~ ~ ~ ~ '~ r} }t a ~ 7 ~~ ~~ ~ ~ ~ . ~ ~..': . ~ t c F 1:~ ~ ~ ~ ~ ~ [, 1 ~~`. 1 ~~ { i~, 5: ~ [~ .j€€ _.SF 1rf~ 1 ~ :S ~ ;~ ~~ ~ k F ~ ~ ~ ~ ~ ~ ~ ~ !~ ~ :°_~Ih' ji F ~ i S'.. ~f q ~ `do-. ~_a ~,. ~ . ~ , 3I z ~ ~ t' _~ 6? i~ s - ~ e ~ _F s 3 'e ~ i~ ~ :. ~ v t e'. is i a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF' REPORT FOR TH•E HEARING DATE OF MAY 20, 2008 a' ~" •a us'ir~ir lira a ..~ ,~ ~. ~, ' ~\. ~ ~\ S` ~ti ~'~t ~X 1. ~~ ;~~ !atrYf' .~._ . - P.!~'a~ REV! ~ yp~ $14' ~~ 2 5 2Q(~ ME~ilDIAN•PCf 'iNO~tKS Exhibit C ` ~ ' ~ ' f ~ f i ~ ]+ ~ ~~ ~ ~ ,~ _ t, 3 S ~ q ~ F tl a, t h ~ ~ i ~ t ~~ t~ is .H ~ i F ;r - ~ , ~ { 3 1 jy 1 ~~ I F 1 1 ~„ i ~ t ' + r ~ 3 i :~ yi SS ~f ~ ~ ~ '~. % ; did' ! ~ '~ ~ ~ . It ~ ~ F s • t/ ,~ f . 7 ,. S ~ ~ } ~ y. { , .aeu :. '~~ ~~ . ice. ~~ ~< :.~ . b .. '~, 4 "`:fit' .liQ~'CdCO. O ~ C~ `~ . •.so u yn 0 .'4-i • ~i iri ,~.u ar - : . '~l 's~R7.~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 D. Required Findings from Unified Development Code 1. Annexation Sc Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. l:n order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive Plan; The applicant is proposing to annex and zone the eastern 10.5b acre portion of the property R-40 and the western 1.5 acre portion of the property adjacent to Eagle Road, C- C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. l~ewever, St:~€dees~ (see Analysis, Section 10 of this report for more information). Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of the residential portion of this property will comply with the established regulations and purpose statement of the R-40 zone and ' future development of the C-C portion will comply with the purpose statement of the commercial districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrunental to the public health, safety, or welfare. Staffrecommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including; but not limited to, school districts; and, The City Council folds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that the annexation of the 10.56 acre portion of this property with an R-40 zoning designation and the 1.5 acre portion of this property with a C- C zonine .designation is in the best interest of the City. ~,~; a-~- ---~ s ~ •+- ~ ~~ + ~ e: 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to Exhibit D } t ~r. S ~y, i' 4:,, 4:., ~~ +.1" ~ Sa I 3 CITY OF MERIDIAN PLAMVIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 district and the multi-family Specific Use Standards. Note: The applicant is requesting a variance to the covered parking standards in UDC 11-3C-6. However, Sta,~`'believes that if a structure(s) is removed, the applicant will be able to comply with the required parking standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use in the proposed R- 40 zone will be harmonious with and meet the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi-family development is compatible with other uses in the general azea and will not adversely change the chazacter of the azea. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs aze expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • Exhibit D .'~ ~ 9 11[i •.~ ~ ~ ° : ~ ! ~ <: ; ~ e y ~_i $. } P: d e 4F r~ <p„gyp:'-[ IF 5 3~.P E` 1;. •i ~. i, fi.'St' ~ ~ ~r ~ o ;~,odS >1~vT.'.d. r ~ } gg~'. 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X'~: F 4' 1 i¢ ~ r t ;. 1 't 4 a d Y Y'4 ~~ F'', nv` "4C. ~ YS S ! 5 ~{ ~ }k A y . $ F r [; ~j ~4 > ~ Y i}~ k 7 ...±c~~ ~ T L t j ~ ~ ~ . i , ~ t t F a 4'4` a 4 X ~ ~4 f ~ `x , i , .. , ~, ~' i~.. ~ .4. ~._i..x ~i,.. . 4. Y ":. q~': .... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfaze of the surrounding azea. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, toss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unawaze. ia-tli e-dist~ ef; *TKYYtE iP~-~ If~-ERFIflS?~C~ °•1 •1~ +' 'a ,7 ~ ~' aL' Qa lC C ~ L ~, _-- _~ ___0~-~ ' -~ ~.. ~... f ..v-"-_ vu vua~s av ~ ~ ~ f 4. Variance (VAR-08-002) Findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; The City Council is supportive of the request for a variance for a reduction in the number of covered pazlcing spaces required by UDC 11-3C-6 from 3b0 to 295. Further, City Council finds that granting a variance as requested would nat grant a right or special privilege that is not otherwise allowed in the district for multi-family uses. Exhibit D ,, `~~ ~ ;3 Y,' ,;, t-,.. CITY OF MERIDIAN PLAIVIVMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 b. The variance relieves an undue hardship because of characteristics of the site; Staff believes there aze no topographical limitations or other physical characteristics of this lot which would prevent full compliance with UDC 11-6C-3B.4. c. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that granting the variance should not be detrimental to the public health, safety, and welfare. 5. Private Street Findings: a. The design of the private street meets the reauirements of this Article+ The applicant shall comply with the private street design standards listed in UDC 11-3F-4A and condition of approval #1 2.3 listed above in Exhibit B of this staff report. b. Granting approval of the private .street would not cause damage hazard or nuisance. or other detriment to persons property or uses in the vicinity and If the A licant com lies with the conditions listed in Exhibit B of this staff re ort ertainin to rivate streets Staff does not antici ate an hazard nuisance or other detriment from the private streets if thev are designed and constructed as required by UDC 11-3F-4. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan Staff fmds that the use and location of the proposed private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan Exhibit D ,~ ##~,~~," 4' C I f [ i ~ t .1 i !f~ ~ ~~.