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HomeMy WebLinkAbout2008-03-04 E IDIAN i I~E~ED March 3, 2008 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 4, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba ~ Joe Borton ~ Charlie Rountree ~ Keith Bird ,Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor S oore with Cherry Lane Christian Church: 4. Adoption of the Agenda: o~- ~~ ~Z ~ 5. Consent Agenda: A. Approve Minutes of January 22, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: VAR 07-017 Request for a Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right- in /right-out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: Meridian City Council Meeting Agenda -March 4, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4 { f ~ „ ~ 4~ ~ ~ ~ ,~ {¢ Y ?F ~~. F - ' I ~ E ~ ~ ~ . s ~ t~ ~ ~ g ~ i ~ ,~ ~~ . . FF ~ ~~ 4 ' - ~ s' :~ i~ s ;~ 1i F ~ ~ ~ E, t ~i ~~ , ~ ' C ;_~ ~ ~ i ~ ~ ~ '~ a . ~ 1 j ~: 6 s i ? j ~. , 2 f ~ i i i. t ~ ~ ~' ~ i ~: ~ ~ 2 ~ ~ ~~ ~- ~ .. F 1 ,~ j ~ . .. ~~ ~. ~ ~ ~ ~ a. ~ ~ r. is i. :4; ) 7 :d ii t'. • REED March 39 200 i i ~ ~ ~~ 7 ; 4 s. ~ ' ~: ~, ~I i ~ ~ ( t yy E 7 (' ~ ~~ ~ £ ~, Ci Py !: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development -1235 East McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 07- 017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 07- 011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: G. Resolution No. ~u ~~[ U CPA 07-002 Renuest to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and '/z mile east of Linder Road south to '/z mile south of Columbia Road, east to '/ mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Departmentq: q H. Resolution No. ~~/ ~ ( I :CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include Meridian City Council Meeting Agenda -March 4, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~~ f r ~i ; t ~ 3 ~~ ~ ; ' ' ~ f of ;~ ` S ~ ~ ? ~ ~ ~ ~` ~~ s 's 1 ,~ t x s ~~ i ; j ; S ~ ~ ` 2 , ~ ! ~ , ~ ~ }} } 1 ': ~ 5 y 1 E t ~ I i. i :~ { 1I, ~,. ~. •1 4 i. ,i I I, ~~. i !~{ i ~; ~:'~ i 1 '3 ~' i ~` r I ~~ 4' r s t _ 1 ~ ~ i i 4 • REED March 3, 2008 residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area by City of Meridian Planning DephhartGmernt-: I. Resolution No. V a ~ lU(~~ CPA 07-013 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to change four nodes with land use designations of Light Industrial to Commercial, two nodes from Commercial to Light Industrial and one node from Light Industrial to Public /Quasi Public for a future school site. The amendments are intended to bring the City's Future Land Use Map into conformance with the City's Zoning Map. An additional request is to remove the Urban Service Planning Area (USPA) designation from the map legend and replace it with the Area of City Impact (AOCI) Boundary by the City of Meridian Planning Department -two parcels north of Northwest 10~' Place and west of Taylor Street; north of East Franklin Road and east of Taylor Street; two parcels north of East Overland Road and east of South Teare Avenue; east of South Locust Grove and north of East Overland Road; two parcels northwest corner of North Eagle Road and East Lanark Street; six parcels west of North Eagle Road and north of East Florence Street; three parcels west of North Eagle Road and south of East Florence Street; Paddington and Elliott Park Subdivisions south of East Wilson Lane and east of North Locust Grove Road: J. Approve Agreement with Parks and Recreation Department for Park Facility Use License Agreement for Food Concession Sales in Settlers Park with Meridian Police Activities Lie: ~ ~~~ 6. Department Reports: A. Mayors Office 1. Proclamation for Mountain View High School Wrestling Team Day: 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from February 19, 2008: AZ 07-018 • REED March 3, 2008 9. Continued Public Hearing from February 19, 2008: PP 07-024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three LLC ~70 West Ustick Road: 10. Public Hearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Temporary Use UDC Text Amendment by the Meridian City Planning D partment: Re~~~~t to be Continued to March 11, 2008 Meeting ~~,,.,~.,~.,~ ~ 11. Public Hearing: SHP 08-001 Request for a Short Plat to create 4 building lots on 2 acres in a C-G zone for Destination Place Subdivision No. 2 b~ oi~se Galley C~om~ m~~, ~ C~Ea~nema Drive: 12. Public Hearing: SHP 08-002 Request for Short Plat approval for 4 commercial condominium units in an existing building in an L-O zone for Medical Millennium Condominium by The Land Group, LLC - 1828 South Millennium Way: G~crN-~ ~~r,-a~~ j~ ~i i-~ 13. Public Hearing: RZ 07-021 Request for a Rezone of 27.89 acres from R- 4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast comer of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 - Southeast Comer of orth Locust Grov Road and East Leigh Field Drive: ~/p~~~~.4 ~-o ~{~~ /Z=-~`~- ~ Chi .~ 14. Public Hearing: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 - Southeast Comer of orth L cust Grove Road and Eas Leigh Field Drive: C~r~rfi~a2 ~ y/9/ /Z~. ~ Bi 15. Public Hearing: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East igh Field Driv ~~'L77ruc~. oQ 7~ ~r~ (L~.Q- ~ ~~ 16. Public Hearing: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L-O zone for Stake House by the Church of Jesus Christ of~ wS~o~ 5555 North Lo ~st~Z~'~~e-Road: 17. Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L-O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC - NWC of Meridian Road and Victory Road at 114 and Meridian City Council Meeting Agenda -March 4, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. RE~E® IVla~ch 3, 2®IA8 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): 18. Ordinance No. ~ g J ~ 3cJ o~ RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by~in~ Loeh~ 5~ ast Broadway Avenue: ~~~~ Q 19. Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student) ~ (f) (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -March 4, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. t i ~ Ir' ~ {~ ~ ~ ' ~ J~ 3. 1 ~ ~ a #~ ~ ~ 3 '3 { ~ ~ ~ ~ ,`i is . ~ ; xf ~. t r I $ i '~~ ~ n { 7 ~ s ~~ ~ j : ~ i; , ~ F ~ ' i ~~ t ~ ~~ ~ ~ i fC t , ~~ ~ ~ ~ ~. 7'P i - ~ ~; ~ I r r ! g ,1 3 ~ ~ ~, ~ ~~~ _ ~' 4 . ~ ~ xrf , ~' ~ ~ r f i ~ ~~.~ 4 yy ?~ k i S ~_ ~ k f (( r ~ j "f ~ ~ ~ y ~ ' ~i ~ ~ i ° 1 ~ ! ~ f r r. ~ ~ Y 1 ~ f- 1 1Et ~'~ ~' ' 1 E (k ~ 'i t 4 ~ t '2 ~ .~ { f .i ~ _ L G.. ] ~ ~ ~ ~ ~ ~ ~ { ~ ~ ~ s,..9 1 ,E t , Y II} r 1 ~._ ~. t ~~ JI ~ l j ' F _ C4 . A ' k 11 ~ ~ h' I , l ~ jj jk ` ` F [ j .~.7 ® • Meridian Citv Council Meetin4 March 4, 2008 A meeting of the Meridian City Council was called to order at 7:29 p.m., Tuesday, March 4, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton, and David Zaremba. Others Present: Bill Nary, Ted Baird, Will Berg, Jaycee Holman, Anna Canning, Tracy Basterrechea, Bill Johnson, Thomas Barry and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call tonight's meeting to order. Thank you all for joining us this evening. For the record, it is Tuesday, March 4th. It's a few minutes after 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Mountain View High School's wrestling team. If you will come forward and the rest of us all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Will Berg. De Weerd: I don't know if we have been led in the pledge with such energy, so thank you. It's always a nice way to start off the meeting. Okay. Item No. 3 is the community invocation. Tonight we will be led in the community invocation by Pastor Steve Moore. And I don't see him. So, our typical fill in is Will Berg. If you will all join us in the community invocation or take this as a moment -- an opportunity for a moment of reflection. Berg: If we could take a moment and reflect on some thoughts for this community. Heavenly Father, we are so grateful to be a citizen and a member of this community of Meridian. We are so thankful for the leaders that are provided for us. Give them the wisdom and the encouragement to make those decisions that need to be made for the ; 1~ ~ ~ ~ ~I 1 . ~ ~ ~ ( i ( ~ ' Ii F ~ ~ ~ ',~ t ~ c. ~ ~ ~ ~ ~ S 1 ~,~ t .~~ f ~! i ~ ~. ~ s ~ ~, t f I ~ 1, i '' ~ I i t ~# ~ ~ t. ` ' ~ ~ ~ ~ I i i ~ ~ ~ ~, I ' ~~~ f ~' r ~ ~ ~ J 4 ~, ~ ~ ~: 1 ~ I ( ~~~ s p ; ~ ' d ~. 1 l 11 ~ R r, c ~ ~ & ! ~ i J [y a.~ Meridian City Council March 4, 2008 Page 2 of 52 betterment of this community. Lord, we want to thank you for our community as a whole, for all the parts and pieces that build this thing together to make it such a great community. We also want to thank all those people that are striving and protecting our nation. We want to bless this community. We want to thank you for making us a living part and we also want to remember the sacrifice that you gave to us, in your precious name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. We appreciate your flexibility, Will. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We have some items that need to be identified within the Consent Agenda. Item G, the resolution number will be 08-598. Item H the resolution number will be 08- 599. Item I the resolution number will be 08-600. And on the regular agenda, Item 18 is an ordinance and the ordinance number will be 08-1352. And with that I move that we adopt the agenda with those items added. Bird: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 22, 2008 City Council Regular Meeting: o ~ Meridian City Council March 4, 2008 Page 3 of 52 { ~~ ~ ~i i, t, kl i t ~~ i c~ C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development -1235 East McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 07- 017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 07- 011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: G. Resolution No. 08-598 CPA 07-002 Request to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and '/2 mile east of Linder Road south to '/2 mile south of Columbia Road, east to '/ mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Department: I.;; `; ,. s, , '. r . i ; %' k~ I, i E k s o .` `I' i 1 ~ ~ `, I y i ._ 1 ~ i r { I I . o ~ Meridian City Council March 4, 2008 Page 4 of 52 H. Resolution No. 08-599 CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area by City of Meridian Planning Department: I. Resolution No. 08-600 CPA 07-013 Request for a Comarehensive Plan Amendment to modify the Future Land Use Map to change four nodes with land use designations of Light Industrial to Commercial, two nodes from Commercial to Light Industrial and one node from Light Industrial to Public /Quasi Public for a future school site. The amendments are intended to bring the City's Future Land Use Map into conformance with the City's Zoning Map. An additional request is to remove the Urban Service Planning Area (USPA) designation from the map legend and replace it with the Area of City Impact (AOCI) Boundary by the City of Meridian Planning Department -two parcels north of Northwest 10~" Place and west of Taylor Street; north of East Franklin Road and east of Taylor Street; two parcels north of East Overland Road and east of South Teare Avenue; east of South Locust Grove and north of East Overland Road; two parcels northwest corner of North Eagle Road and East Lanark Street; six parcels west of North Eagle Road and north of East Florence Street; three parcels west of North Eagle Road and south of East Florence Street; Paddington and Elliott Park Subdivisions south of East Wilson Lane and east of North Locust Grove Road: J. Approve Agreement with Parks and Recreation Department for Park Facility Use License Agreement for Food Concession Sales in Settlers Park with Meridian Police Activities League: De Weerd: Item 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As just noted, but I'll repeat for the record, within the Consent Agenda Item G is resolution 08-598, Item H is resolution 08-599, and Item I is resolution 08-600. And with that I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. F ~ `~ ` '~ ~~ " ~ ~ i I ~ ~ t ~ ~1 ( I i~ . ~ I 3, [ i ~ ~ ~ i i j ~ ~ . ~~ ~ ~ I R i 9; ~ ~ F 3 7 ~ ~ ,~ ~ i # f ~ ~ ~~ ~ _ : ~, n ~ ( i ~ ~ ` ~ `~ a ~ , ~ s ~ {~ i ~ ~ 5, ~ ~" ~ ~ :~ ki 3, ~ ~ f ~, {{C ~ a '~ rt ~ ~ 1 a, I ~~~q , n I ; i 9Q ~~ ~ ~ ~' ~ ~ t p~ a ;& { rf ~ i f I ' F . ~ ~ ~ ~ I l i t i ~ ~ f ~i ~1 ~ ~E ' ' [ kk ~ ~. ~ ~ ~. ~~ ~ E ~ .~ ~ f ~ ~ { j~ ~ [ ~~~ Fv I Ili ~ ? ~ i ~ i ~ ~ i i ~ ~ 1 Y ~ ~ ~ ~ ] ,~ ; ~ ~ ; s ~ ~ ~ ' $ i ~ ~ ry ; ~~ 3 ~ ~ ~ ~ 9 ~$ t~ ~: c i ~ y ~ ~ . ~ Meridian City Council March 4, 2008 Page 5 of 52 Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Ms. -- Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayors Office 1. Proclamation for Mountain View Hiah School Wrestling Team Day: De Weerd: Okay. Item 6 under Department Reports. Tonight we have with us the Mountain View High School wrestling team. They are state champs. We always like to take the opportunity to recognize our student athletes and academic performers when they win this kind of a title and so we appreciate you being here tonight. I do have a proclamation to read and, then, I will ask all of you to come forward to -- so I can present it to you and your coach. Maybe at that time we can have an opportunity to have you introduce yourself, maybe talk about where you are in school and your competition and class weight things and everything else. Now, my dad was a wrestling coach, so I should know the terminology and lingo, because we kind of hung out with boys as we were growing up like yourself, but I think that was a little while ago and I have forgotten. But we, again, welcome you and appreciate you being here tonight. So, our proclamation. Whereas the City of Meridian recognizes and commends the Mountain View High School wrestling team for having. an outstanding season and whereas the team won the 5-A high school wrestling championship on Saturday, February 23rd, 2008, and whereas this team was also presented with the academic state championship trophy and whereas Coach Cliff Laughlin was honored as the 5-A coach of the year and whereas the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, athletic director, cheerleaders, students, faculty, parents, boosters, and supporters, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Thursday, February 28, 2008, as Mountain View High School wrestling team day in the City of Meridian in recognition for the successes of the Mountain View High School wrestling program this season. We would like to congratulate you and ask you to, please, come forward. I promise we won't make you sing. But perhaps we can have you introduce ~~k ~ ~~ rtl t ~ ~ ~ ~1 I 1. ~ e i, ~ ~~~ ~ ,,~ ~ , ~ ~ ~ ~ ~ ;~ ~ < I !~ ,~ r ~ <, ~ ~ ~ ; ~ i ; ~ ~~ ~ ~ ~ t ~~ ' ! { ~ ~~ b ~ i ~, .. ~ ? 1 ~. k ,~ ~ ;' i ! ~~ 7 [ iii i _ ~ e 'a ~ ~ ~~; ~ r~ i ,f ~. ~ ~ r r , g( i. ~ ~ i ~ ~ , `3' ~ ' ~ f i ' 4' ~ ~' , y i ; x e ,} ~ i i ~ ~ ~ j ~ I q l 9 " F ~ :i t ~ ~ ~ ~ E ~~ r €' ~ .r '- ;~ `j # k I i ei ~, k t _S j '{ ~ 333 ~~ ~' ~ ~ ` ~ . } ] 1 : j 1 ~.. ~' I F ~ ~ E ;,~ ~ i{ j ~~ ~ i '~ is i ~ , I I ~: ~ f I~I ~ ! ~ i ~~ i f i ~ ! t ~ ~ ~ i E ~ Meridian City Council March 4, 2008 Page 6 of 52 yourselves, your grade level, your competition and weight level and, then, I will present this to the team and your coach. Packard: Hi. I'm Holden Packard. I'm a sophomore. And wrestled at 112 and I was state runner up. Sigler: Hi. Nick Sigler. I'm a freshman at Mountain View. I wrestle 125 and -- yeah. Roberts: I am Beau Roberts. I'm a freshman. And I wrestle 103 pounds and I got fourth at state. Brady: I'm Dana Brady. I wrestled 130s and I'm a sophomore. Kaus: I'm Reed Kaus and I am the 189 pound state champion. Colbert: I'm Dan Colbert and I was state runner up and All American. Batons: I'm Drew Belton-Smith. I wrestle 215 and I'm a senior and -- yeah. Brady: I'm Josh Brady. I'm a senior and I wrestled at 152. Ryan: I'm Jason Ryan, assistant coach and teacher at Mountain View. Laughlin: I'm Cliff Laughlin, the head wrestling coach at Mountain View High School. De Weerd: Well, we'd like to honor your achievement for you and your team and congratulate you and look forward to seeing some of you back next year as state champions returning. Congratulations again. Coach, would you like to say a few words? Laughlin: Yeah. It was easy to win state this year with these fine young men leading the way. A lot of them couldn't be here tonight because they postponed things through the season, driver's ed and other commitments that they have now and we ended up taken 20 wrestlers to the state tournament and they are all fine young men and this community ought to be real proud of them. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you for joining us. And certainly we don't expect you to sit through the rest of our meeting. Okay. Council, there were no items moved from the Consent Agenda. ~ ~ ~ ~ ~ ~ ~ , ~ i ~ i ~ ~F ~ k t # ~ j ~ ~ ' ~ ~ ~~ ~ ~ t 1 ~ ~ ~ i l ; ~ I i 7 ~ ' j I i ~, i~ y t } ~ ~ . ~ '~ i ~ 3, ~' ~ r i. ~ , ~ S I ~ ~6 S ~ ` ~ ~ f 4 ~ ~ ~ { ~ ~ i ` c J . ~ ,, 'k c t I E 44 ~ { j f ~ t ; ~.. I ~ ~ t ~ ~ f ~ ~ e `~ ~ ' ' i G I ~ ~ l i $ ~~ ~ 1 ~ t '~ I y ~, p rc . ~ f 1 ~ P ~ ~ ~.e k 1 ! ~ <'S ~ 1 ~ '~ ` i ~ ~ ~~ E 1 ~ . ~ ~~ ~ t K ~ ~~ ~ I i ` . i ~ { ~ i i S 5 j: lk 1 ff ~ ~ l: i r ; ~ i ~ ~ • ~ ~ ' ~ F'. `. ~ C i J ~~ ~ ~ r~ f t 1 I f . 1 is f ; r ~~ ~ ii i ~ ; f i~ )i ~ i t ' I s I t [S I i l I j i , ~ ; i k' .. y 6 .IS l _,i ~ i i (' i ~ f _;' ~ ~ t ~ G ~ F ~ ( ~ z ~ ~r ~ . ~ ' i ~ • Meridian City Council March 4, 2008 Page 7 of 52 Item 8: Continued Public Hearing from February 19, 2008: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: Item 9: Continued Public Hearing from February 19, 2008: PP 07-024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Sauare Subdivision by Seagle Three, LLC - 870 West Ustick Road: De Weerd: So, we will move into our regular agenda. A continued Public Hearing from February 19th, AZ 07-018 and continued Public Hearing from February 19th, PP 07- 024. I'll start with staff comments. Canning: Madam Mayor, Members of the Council, this is the Settler's Square project. It's located at the northwest corner of Venable Lane and Ustick Road and the Comprehensive Plan designates this as one of our neighbor centers. The applications before you tonight are annexation and zoning and preliminary plat. The highlights of the proposed development are the annexation and zoning of 10.1 acres to C-C zoning and a preliminary plat approval of 12 commercial lots. As part of the application the applicant has requested alternative compliance to reduce the required ten foot landscape buffer on local roads to five feet. And that's for the local roads heading into the center of the project. They are kind of shown as a lighter roadway from the parking areas. We do have some elevations for you. Staff has -- staff and Planning Commission have recommended a DA. The primary point of the DA is to tie the applicant to this concept plan and the elevations I just showed Council. The Commission recommended approval on their December 20th, 2007, Public Hearing. Allen Christie was the applicant's representative and spoke in favor of the application. No one spoke in opposition. David Rudeen, who is also a member of the applicant's team, commented on the project. And there was no written testimony. Key issues of discussion by the Commission were the architectural design of the building as it relates to the Cedar Springs commercial development just east of the site and the alignment of Buckstone Avenue with access in Crossfield Subdivision. That's the north-south roadway shown. There were no changes to staffs initial recommendation made by the Commission and to our knowledge there are no outstanding issues before City Council. I did want to take a moment to express thanks to the applicant team. There is a large spite strip that prevented this property from accessing Venable and we had some rather uncomfortable conversations about the need for the applicant to acquire that spite strip and he did, he pursued it and was able, after many many months, to get it and I truly appreciated his efforts to accomplish that acquisition. So, I wanted to thank him publicly for that. And with that I'll answer any questions Mayor and Council may have. De Weerd: Thank you, Anna. Council, any questions at this point? ~ i Meridian City Council March 4, 2008 Page 8 of 52 Bird: I have none, Madam Mayor. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Anna, do you have an aerial of the area? Canning: It's a bit dated at this point. The existing development is just here to the east and Crossfield was approved just to the north. And I forget the name of the one just above that. Rountree: Thank you. De Weerd: Okay. Anything further, Council? Is the applicant here this morning -- or this evening. If you will, please, state your name and address for the record. Christie: For the record my name is Allen Christie. I'm a planner with Treasure Valley Engineers. I'm working as a representative for the applicant. My work address is 1204 6th Street North, Nampa, Idaho. 83687. De Weerd: Thank you. Christie: I just want to start and say I appreciate all the work we have done with staff and I agree fully with the staff report. We are asking for approval of the Settler's Square Subdivision, annexation and zoning, and preliminary plat. And at this time I will stand for any questions. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. Zaremba: No. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Oh, this is unusual. Holman: Mayor, we do have one person. ' ~ fi ' ~y ( t: ~~ ~ ~ ~ i ~ t ~~ ~'~ ,~ ~ . ~ ~ ~ f , ; ` 3 d d ~ ~ i t ;~ i 7 't { ~ ( I ~ ti 1 ~ t . si ! J i ~ r ~ i t E { ~ ~ } s ~~ ~ ' ~ ~ ( ~~1 ~ G ~ t ~~ f ~ ~ ~ ~) C tt ~', ~ , i , ~ ! iI ~ f ~ '' ~ I }' ~ ~ i ~ ~ ~ ~ ~ ~ € p ~ ' ~ ~ 4 I ~ I ~ ~ t i s ' ~ ; t~ i i ~ ~ ~ i 4 . ~ l' E s , i ~ S' l F '' t ti # ; of & c ~ ~ ' ~ ' ~ 1 ~ ~ ' t i @ ~ t ~ ~ ' ~ ~ '~ i ~ ~ a~ , ttt ~ j t ~, # ~ r s i i ~ •~ f t b ~ ,/; ~ f ;! i i ,I ~ 1 ~i ~ ~~; ~~ ~ ~ 6 ry i 4 { ~ ~ ~ ~ { '~ < ~ ' ~ r ~ i , ~ , $ i ( ~ ~ i ~ ~, ~ , { Meridian City Council March 4, 2008 Page 9 of 52 De Weerd: Allen Christie signed up for. Kind of figured that he's for it. So, Council, it appears to have no public testimony. Do you have any further questions for staff or the applicant? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Having heard the staff and applicant presentation and given the opportunity to the public to testify I would add my thanks for purchasing the spite strip. Those few that are around the city make things very difFcult and thank you for working that one out. With that I would move that we close the Public Hearing on these two items. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, any discussion? If not, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 07-018, the zoning of Settler's Square Subdivision, and require a DA and that's tying the applicant to the concept plan and elevations and also to incorporate all staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item No. 8. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you very much. Item 9. Bird: Madam Mayor? a g7 t ~1 I E E p p k~ ~ ~ ~ ' ~ ~ ~ . $~$ ~ r ~ t i ~ ~ ~ i _ i, ~ 1 ~~ ~. ' ~ ~ 't ~ ~ , '. - f ~ .. i 4 t i ~ ~ j ~ ~ I ~ ~ ~ ~ t ~ t i~ ~ i , ~,~ , ~ ~ ~.. `.! i ~ ~ ~ ~ r ~'J i ~ ~ ~ t k . ~ , ~ ~ t 3 ~ ~ j' ~ ~~ i ~ ( Ef ~. ~ t ' ~; t i f t 'a r ~ ~ ; r ~ .~ ~ , f 1 ~ ~ - ~ ~ d t ~~ t ~ ~ ~ , ~ I # ~ i' , ~ { ~ ~ j 3 ~ , ~ ~' ; ~ ti t ' ~ ~ F ~ ;~ ~ i ~ ~ i ;' !i ~ ~ , '~` . " ~ 1 3 i ~ u Meridian City Council March 4, 2008 Page 10 of 52 De Weerd: Mr. Bird. Bird: I move we approve PP 07-024 with staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Flearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Temporary Use UDC Text Amendment by the Meridian City Planning Department: Request to be Continued to March 11, 2008 Meeting De Weerd: Okay. Item 10 is a Public Hearing ZOA 07-002. I will open the Public Hearing -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: We have a request to continue this item. I don't know if anybody's here to testify. It was recommended that it be continued to the 10th -- or the 11th -- for the 11th, but I'm recommending it be continued to the 18th, if that's okay with the planning administrator. Canning: Madam Mayor, Members of the Council, we had wanted it to coincide with the temporary use amendment done -- or that the legal department is moving forward and that's scheduled for the 11th. Rountree: During the workshop? Canning: I believe so. De Weerd: Council, that certainly is up to you. Bird: Madam Mayor? i~~ Meridian City Council March 4, 2008 Page 11 of 52 De Weerd: Mr. Bird. Bird: I would go with Councilman Rountree on this. It's his final decision as being council president and the one that sets the agenda. But I -- the 11th is our workshop and I hate to have a Public Hearing at the time of our workshop myself. And I don't recall -- I thought the other one was set for the 18th, too, Anna. I'm not sure. I can't remember. Canning: Madam Mayor, Members of the Council, I wasn't here when that item was set, so I'm not exactly positive myself. I know Mrs. Kane could use an extra week if you want to put it out to the 18th. Rountree: That takes care of that. De Weerd: Done. Bird: You want to make a motion to continue it? Rountree: Madam Mayor, I move that we continue Item No. 10 until March 18th. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 10 to March 18th, 2008. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: SHP 08-001 Request for a Short Plat to create 4 building lots on 2 acres in a C-G zone for Destination Place Subdivision No. 2 by Boise Valley Commons, LLC - 2295 East Cinema Drive: De Weerd: Okay. Item 12 -- or 11 is Public Hearing on SHP 08-001. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Destination Place Subdivision No. 2. It's located at 2295 East Cinema Drive, which is over by Majestic Cinema. I don't have any slides for you, because it's a short plat, so we typically do these similar to our final plat applications. They are proposing four commercial lots on two acres in a C-G zone and staff is recommending approval. The subject property meets all the applicable -- applicability requirements for a short plat and the applicant has provided a written agreement with the conditions of approval. So, to our knowledge there are no outstanding issues before Council. i ~~ i ~ r a ' ; i, i~ , i I l ~~ ~ i ~ 1 F i ~ . ~ ; , ` f ~. I ~ ~ ' "i f i y~ 1 Z r 5 ~ t _' ~ .. s .l . i i ~ 1 f( f ~ ~ E r ~ p , j ~ Y 4 ~ : ~ ; I~ ~ ~ ` r l ~ ~~ ` ' ' ~ i l~ i ,~ '~ ~ ~ S { ~ ~ ~ t. a, ~ ' ~ ~ ~ SS ~ ''3 1 ~ ,i~ Y 'N ~ s F r ~ ~ ~ ~ ~~ ~ ~ ~ '~ ~'~ 8 P :} f ~ .9 ~ ~~. ~ f ( - r ~~ 2 k FF [ I ~ j I ;. _. ~ i } f i f ~ ~k i ~ ~ ~.~~ t try; ' r. 1. ~ ~~ ~ ~~~ ~ ~ ~ ~ i J I ~ ~ n ~ ~ ~' ~ ~ } ' ~ f ~ • ~ + ~ ~ , a ~ it ~ ~ ( s } ~ i Meridian City Council March 4, 2008 Page 12 of 52 De Weerd: Thank you, Anna. Any questions for staff at this time? Rountree: I have none. Bird: I have none. De Weerd: Okay. Would the applicant like to provide comments? No? The applicant has no comments. This is a Public Hearing. Is there any member of the public who would like to provide testimony on this application? Okay. Seeing none, I assume the applicant agrees with all staff comments. Rountree: That's an affirmative head shake. Borton: Madam Mayor? De Weerd: Yes. For the record, you can hear the nod. Borton: Madam Mayor, I move that we close the Public Hearing on Item 11, SHP 08- 001. Zaremba: Second. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move we approve Item 11, SHP 08-001. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 11, SHP 08-001. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. fni~~ ~ ~~ E I ~~ ~~ i 3 !~ i i 'i~~ Pb ~; ~ . ~ I ~~ ~ { ;~ ~ ~; I E ~~ ~ ~ ~i ~ ~ ~ ~ ~ ~ ~ 44 !4 r ( py p i ` f I ~ ( ~ ~ v } 13 ~ ' E' j :b t ~ ~ 1 ~ ~ i ~ ~ ~ fj 1 {~ ~ 3 : , ; ~ 6 ~ a ' 4 ~ ; j t ,. 1 t 6 r i ~~ ti. ~ t -{ it ~ ~ F~. -~ ~ f ~ E ~ N ~, ~ ~ ' ~ ; ~ ~ [ ~, ~ , d~ ,~ J Meridian City Council March 4, 2008 Page 13 of 52 De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. n LJ Item 12: Public Hearing: SHP 08-002 Request for Short Plat approval for 4 commercial condominium units in an existing building in an L-O zone for Medical Millennium Condominium by The Land Group, LLC - 1828 South Millennium Way: De Weerd: Item 12 is Public Hearing on SHP 08-002. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the short plat for Medical Millennium Condominium, the tongue twister of the night. It's located south of Overland Road and approximately a half mile east of Locust Grove at 1828 South Millennium Way. The plat is four condominium units within one building on 1.259 acres and in an L-O zone. A building permit has been issued for the subject building and the building is currently under construction. Staff is recommending approval. The subject property meets all the applicability requirements for a short plat and the applicant has provided us with a written agreement with the conditions of approval and there are no outstanding issues that we are aware of. De Weerd: Thank you, Anna. Council, any questions for staff? Rountree: I have none. De Weerd: Okay. Is the applicant here? Would you like to provide comment? Okay. You approve all staff comments? Okay. That was an affirmative that the applicant is in agreement with all staff comments. Council, any further information -- oh, this is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Seeing no interest in Public Hearing comments, I move that we close the Public Hearing on Item 12. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. ~ ~ ~ i I 6 ~ _~ ~ ~ i i ~ ; .~ ~ ~ ~~ ~ ~ ~ 3 } ~ ± ~ ~ ~ ~ ~ ~ ~~~ s SS5 i ~Y ;' ~~ f ~ t Y 4 ; ~ ~ ! d ~ r I i t f ; ~ a ~ i ~ 1 ! ~ } t { ~ ..1 r ~ t ~ ~ `z i ~ ,~ ~ ~.I ~ 1 ~ ~ .'1 ~ r ~~~ t ~ ~ Y E t J t t v ~ ~ l1 ~ ~ ( ~ ~~ I ~ , ! j i ~ g j p 1 ~~ i~ 4 t ! ~ ~ t t ~ f t ~ f~; i ~ { f !~ n E i ' :r ,;i I i ~ ~ ~ 1 5 I I ~ ~ ~ ~ E ~ ~ _ ~~ ~ ~ i ~ ~ ~~ ~ ~ ~ I ~ ~ kk ~ ~ y r I ~ , , d ~ { f I ~ r } _ ' 1 -~ ~ t !! t~~ (' ~ '~ ~ ~ ~ ~ ~ C k ~ 4 ~ ~ ~ ( , i ~ ~ i F yy p € ~ ' b -.~~ ~ Meridian City Council March 4, 2008 Page 14 of 52 ~~ i. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item 12, SHP 08-002 with all staff and applicant comments. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. Any discussion? Seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: RZ 07-021 Request for a Rezone of 27.89 acres from R- 4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast corner of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 - Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Item 14: Public Hearing: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 - Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Item 15; Public Hearing: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 -Southeast Corner of North Locust Grove Road and East Leigh Field Drive: De Weerd: Thank you. Items 13, 14 and 15 are Public Hearings on RZ 07-021, PP 07- 025, and MI 08-002. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of Council, this is the Education Campus Commercial project. It's located at the southeast corner of North Locust Grove Road l ~ ~ z ;~ ; ~~ ; ~ l r ~ t 4 ~ ~ ~~ t ~~ t ttt ~ ; .~i . ~ j ~ r ~ R ~ ~ ti t i i ~ ~ ~ ~ n s ~ i ~ .~: ~ ` ~. ~ ~ ~ ~' 7 ~ f r t ,~ ; ~ ` ~ . ~.. t ~ r ~ i , ~ f }}} ' } ' ` ~ _' ~ ~ 5 E ,f ' k ~ s i ~ ~' ~ ~ ~ i ~ ~ , j ~ ! t ~~ I } ~ ~ t I i. r ~ } ; ' ~ ~ ~ ~ i e ; ~ ~ ~ i { ~ ~ k., t ~ A '# ~ ~ f ~ L~ • Meridian City Council March 4, 2008 Page 15 of 52 and Leigh Field Drive, which is about approximately a half mile north of Ustick Road. The applications before you tonight are for a rezone of 27.89 acres from R-4 to C-N and that would be for 2.75 acres. And L-O for 25.14 acres. And also a preliminary plat of seven commercial building lots on 25.87 acres in the proposed C-N and L-O zones. You will recognize the site as housing an elementary school and the technical school. I forget the name of it. I apologize. De Weerd: Charter school. Canning: Charter school. Thank you. This is the preliminary plat. The application is also requesting a development agreement modification to remove the restriction for education type uses only on the site. The original DA with the R-4 zoning specifically said that it could not be housing and that it should be educational facilities. The applicant has not provided elevations with the DA modification application, therefore, staff is recommending the following: All future buildings on the site shall comply with design standards pertaining to architecture, color and materials, and parking lots. Additionally, a five foot minimum sidewalk shall be provided from the sidewalk along Locust Grove to the main building entrance of all structures on lots that abut Locust Grove. And the applicant actually has some wording changes to this, so I won't read the full text. I'm going to put it up on the screen in a moment, but, essentially, what staff is recommending is that we just use the UDC requirements for entryway corridor design standards that apply to this site, with some minor modifications. The Commission recommended approval at their January 17th, 2008, Public Hearing. Shari Stiles from Engineering Solutions spoke on behalf of the applicant and Wendell Bigham also spoke as the applicant. No one spoke in opposition. John Courtwright commented on the application and there was no written testimony. Key issues of discussion by the Commission actually related to the Comprehensive Plan designation, which is public/quasi-public. What our Comprehensive Plan says is that upon redevelopment of those sites that the Commission should consider the surrounding area and what the appropriate uses would be based on the intensity of the traffic currently using the site. So, the Commission recommended that the proposed zoning is appropriate for the property and complies with the public/quasi-public land use designation for the following reasons: One, a large portion of the site is utilized by the school district and that's 20 plus acres and only a small portion may be sold off and redeveloped, about six acres. The primary use of the property as an education campus complies with the public/quasi- public land use designation. Two, the education institutions are principal permitted uses in the proposed districts. Three, the property is located on Locust Grove Road, an arterial street, at the half mile, which is generally a good location for commercial businesses. And, four, light office slash commercial uses would be compatible with the existing education campus and commercial office uses across the street on the west side of Locust Grove. The key Commission changes to staff recommendation -- they did remove a couple of Public Works conditions pertaining to a 20 foot wide common lot for water-sewer mains outside the public right of way and also one pertaining to existing • Meridian City Council March 4, 2008 Page 16 of 52 structures being removed prior to signature of the final plat. As I mentioned before, the applicant is asking for some word changes with regard to the development agreement. Those proposed changes are in underline and strike out here. So, they are asking for design standards in effect at the time of the application for building permits. They did ask that we remove the requirement for the sidewalk to extend to Locust Grove, because there is an established berm there already. And that sidewalk would go out to either the private street or Leigh Field Way, be reviewed at the time of certificate of zoning compliance for each building lot. And they also ask that striping be allowed to distinguish vehicular driving surfaces from pedestrian pathways, in addition to pavers, colored or scored concrete, or bricks. And with that I will answer any questions that Council may have. De Weerd: Anna, I guess I do have something. It seems that the most recent application that came in this corridor -- there was some concern that we had too much in this area and we weren't allowing the neighborhood center to fully work. Has that concern changed? Is that no longer an issue or a concern with staff? Canning: Madam Mayor, I'm not quite sure which application you're talking about. De Weerd: I think it was across the street more south of this property as a house on that area tried to redevelop. It wasn't necessarily zoned for commercial or a light office use, but it was approved and since we did learn today that in that neighborhood center, in the phase two aspect, there is an 80 percent vacancy rate. Are we putting too much in that area and since it has been stated as a concern in prior applications, does it apply now, too? Canning: Madam Mayor, Members of the Council, the neighborhood center designation does kind of straddle the north end of the property, so it would come about like. this. You do have office uses approved here, as well as a little further south along Locust Grove. We have yet to see much residential develop, although we have had --- Alexandria is in here somewhere. De Weerd: Yeah. Just north of there. Canning: I believe it's -- it is north of this property. So, there has been some question about whether we are getting the density of the residential or if we are just getting too much office. The comments that you heard at a presentation earlier today was that this project does have competition from this. In general we have heard of concerns about having too much small lot office. I think that the applicant is actually proposing C-N zoning, which would allow retail as -- on the lots that are remaining. The L-O mostly accommodates the existing schools and, then, you have got one L-O lot here. This would be C-N and this would be L-O. So, there is some retail proposed at the very corner. When we heard the vacancy rate earlier today -- actually, my first thought was Meridian City Council March 4, 2008 Page 17 of 52 C~ that it might be appropriate to go back to the developer and see if they need to ask for some retail opportunities within that first row, because I think that that's part of the problem is the office is overbuilt, but perhaps not the retail. De Weerd: Since this kind of was one of our first neighborhood center attempts, that's what drove that question and some of the discussion in previous applications about how much we are putting in that area for -- for primarily office. So, just wondered if that had been a discussion at the Planning and Zoning Commission. Canning: I'm not sure that it was, Madam Mayor. De Weerd: Okay. Council, any questions for staff? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Would you go to the plat for a moment, please? And with the arrow or cursor or something, would you outline the seven lots? What I'm most concerned about is whether or not that parking lot is going to become a separate lot or not. And I was not able to tell from the small display on my screen. Canning: Madam Mayor? Zaremba: Just where the seven lots actually are. Canning: Madam Mayor, Councilmember Zaremba, I would prefer if the applicant could do that for you, because I was a little iffy on a couple of the lots myself. Zaremba: Okay. De Weerd: Thank you. Zaremba: That was going to be my second choice. De Weerd: Is the applicant here this evening? If you will, please, state your name and address for the record. Stiles: Shari Stiles. Engineering Solutions, 1029 North Rosario Street in Meridian. id ~ 3 : f !i ~ ~ y e ~ r ~ ~ - F ~ t i t . FF ~ ~ I. ~ M ~ i ~ ' S ~ i~ I Z. 7~ ! I I f { . ~ ~ a 4 ,~ ~ i 22 . {. ~ ' y ~ 7 ~ k '~ ff t ~ I. S ~ i (~ ~ , ~ ~ ~ ~ I ~ ~ F '~ i I ~ ~,I ~ > ~ ~ t ~ ~ I i [ A { • ~ ~ ~ s A } ~ f ~ _ ~ _ j ~ ~ {~ ~ ~ ~ ~ ~ ~ 4 . t 1 ~ t ~ t ~ A ~ ~ ~ 5 ~ ~ ~ ; ~ ' ~ 9' 4 t ~ 1 ; ~ 4 ~ ~. ~ ~ I . I ~ ~ . E J I k f ; ^ ~ ~ r i ~ i '~ ~ ~ `; ~ •~ ~ ; i ~ g ~ { } P f ~~ ~ { ~ } ~ M ~ f F i i {[y `~ ~ E F ~ FFCC ~ ~~ ~ ~ ~ ~ r ~ r T ~ ~51 ~ t ~ 3~ ~ ` f r t , i 1 Meridian City Council March 4, 2008 Page 18 of 52 Canning: Thank you. Stiles: Thank you, Madam Mayor and Council. The lots are -- this parking lot goes with lot -- this lot right here. There is one, two, three, four, five, six and seven. And most likely the school will retain ownership of these -- or at least the Charter school. If you believe that there is too much L-O, I'm sure they would be more than willing to make all of that C-N there, so -- they just felt that it would be most compatible with the neighborhood and not a lot of traffic generation, being mindful of the fact that the elementary school is there. As far as having too much office, as the market demands more office, obviously, if these are not going to sell, nobody's going to want to buy them for office if there is no market for them and you might see us back here again asking for some kind of a commercial designation. As Anna said, there is a -- Zaremba: Madam Mayor. Do that one more time if you would, just one, two, three, four, five, six seven. Stiles: Okay. One, two, three, four, five, six, seven. Zaremba: Yes. Thank you. Stiles: Staff has asked for a private street application, which we will be coming in for. We would like to extend it fully out to the elementary -- where the elementary school is. There is currently a curb cut there so we will be coming in at a later time with that private street application. One thing Anna said I was a little concerned about, because the first time I heard it was tonight, regarding the design standards. We have asked that we be kept to whatever design standards are in effect at the time the building permits are applied for and Anna had said that she wanted the entryway corridor standards to apply, with some minor modifications. I guess we are not really prepared to accept that when it's so vague and we don't know -- we don't even know what those are at this time. It's not an entryway corridor. You know, I'm sure that whoever comes in will be willing to work with her. I know that you like to see -- it looked like the front of a building adjacent to Locust Grove and we want it to look like -- you know, to fit in with what Brockton has done and with what the Heritage Place Subdivision has done. I'm not saying we'd follow that exactly, but I'm sure in working with staff that we can arrive at that, we just did nofi want to state that we would comply with design standards that didn't exist. As far as using striping, we did want to retain the ability to use striping on the existing -- the existing asphalt, as it is very costly to saw cut and replace that with pavers and we did one just recently in Star for the Parkstone Subdivision that we are working on developing and it was over 10,000 dollars for a single crossing and we did not want to have to go to that expense when it could be handled differently. Other than that I don't believe I have any other comments. I will stand for any questions you may have. 0 0 Meridian City Council March 4, 2008 Page 19 of 52 De Weerd: Council, any questions? Bird: I have none. Canning: Madam Mayor, while Ms. Stiles is up at the podium, the text you see in underline and strikeout form here is the text that was in the original staff report and the underlines and strikeouts were approved by the applicant. I think we didn't understand - - what we wanted was to take our existing UDC design standards and apply them to this site. What I don't think I realized until just now is that what Engineering Solutions is proposing with this language here by adding the in effect at the time of application for building permit, they are trying to exempt themselves from the existing design standards in our current code, but that's what we were trying to apply them -- specifically apply to them with this project. So, that is a difference of opinion and a concern on my part as well. Typically we have -- particularly with any nonresidential -non-single family residential applications we have either elevations or we tie them to the design standards in the current UDC and any subsequent versions of those design standards. Stiles: Madam Mayor, Council Members, I'm not really sure what Anna's trying to get at. We are just asking that we comply with the design standards in effect that are on -- written ordinances in effect at the time they apply for building permits, from tonight forward, whatever that may be. If they change, then, we will comply with that, but not to comply with some statement that's made tonight that says comply with entryway corridor standards with some minor modifications that we have no idea what those modifications would be. Canning: Madam Mayor, the design standards in the UDC apply to entryway corridors and large projects. All I was saying for Council's benefit is that the language that we put in the development agreement was, basically to reference back to those and, then, the applicant has proposed some minor modifications to that. I'm not proposing anything different from what was in the original staff report tonight, although I am concerned now with the applicant's request to add the language in effect at the time of the application for building permits. I believe the intent was to apply the entryway corridor design standards with regard to facades, primary entrances, roof lines, all those things. We can reference Section 11-3-A-19 with regard to those if -- if that would make Council more comfortable. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. 2 ~~ ~I b. ~' f. 5: F' ?Fi p~. F~ I ~ i ii ~,f. I ,i I ~: {: 1 t j al f ! 3 1 ~I ~ ~ ' ~ l 1 f t j ~ , } ~~ 13 i t ~ . ? yyyyyy ~ { f ~ I ~ t j ' ~ e I I . ~ ~ t iii ¢ y k ~' Meridian City Council March 4, 2008 Page 20 of 52 Bird: This is for Anna. Anna, is that -- Locust Grove considered an entry corridor? I thought Eagle Road was and Fairview and -- Canning: The entryway corridor designation ends just at the north property line of this project. No, it's not currently an entryway corridor, but, again, typically Council likes to see either elevations or some sort of design guidelines along with these nonresidential, specifically non-single family detached residential projects. And that's what staff was looking for for the DA. De Weerd: Shari, I had a question regarding the -- one of the lots. I believe it was Lot 3 that would include the current parking for the medical arts charter school. Why -- why is that being taken -- or part of a lot that's undeveloped when that lot is pretty much full during the day? Stiles: Madam Mayor, Council Members, I would have to have Wendell Bigham speak to that. I don't know what kind of arrangements they might have with a future possible buyer or what their intent is with that specific lot. De Weerd: Okay. Stiles: They are aware that they need -- De Weerd: I'll save my question. Stiles: Okay. De Weerd: Thank you. representative? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Council, any further questions for the applicant's Zaremba: I would pick on the subject of pedestrian crosswalks. The difficulty with just striping is that it's not permanent. The other methods of marking would not need to be redone on a frequent basis and if you're proposing to add commercial and business uses in the proximity of children walking to school, I would tend to think that the more permanent and more visible separation by use of some other visible bricks -- I know it's more expensive than the initial painting, but you may have to paint it again every two or three years. In the long run that may come out even. That's just an opinion. Stiles: Madam Mayor, Councilman Zaremba, Council Members, I can appreciate your -- yourwanting those to be the pavers and we would like that, too, if it weren't such a huge ~ ~ S ~ ~ ~ 4 ~ ~ ~ ~ I µ ' ~ ~ I ~ ' Q' ~ f ~ ~ { r ; ~ ~ j 1 f ;i h ~ a ~ ~ I 'p i ' i 1 ~ # E # 5 J~ E ~ i f' dI i { ~ ~,:~ y~y l ;} ~ t ~:, I t ~ F ~ ~ S Al i ~ ~ E ~ r :, ~ ~ r~ ~ ;~ ~ ~ ~ ~ ~ ~ ~ : 33 ~ s. v ; ~ v 1 " ~. ~ f l 't z ~~ ~'•s ~ ~ ~ 3 ~7 1 :I ~ ~ ~ } ~ ~ ~~ r i _ ~ ' - ~ i ~ X , i ~ I ~ ~ i t ~ ~ t ! 4 ~ ~ i ~ i a ~ ~ ~ ! i ~ ~ ;~ i , ' 1 ~, I E ~ { ~ i, ~~~ ~ i 3 i ~. M ~ i~ y <! .~ iii j ' ~ :~ ~ ~ ~' ~ ~ ~ ~ 4 B 4 i ~ ~ ; ~ F a i~ ~~ i t s ~ ti p , ~ ; u t4 i ~ ~ ,` 'i ~~ i ' ~ ~ ' '~ ' ~ q 9 ~ ~ ~ ', ~ g !~ 9 i ~ +1 ~ 4 a s ~ ~ ~ f ~ ° ~ ~ ; k, - ' ' 3 i ;~ i ~ ;, Meridian City Council March 4, 2008 Page 21 of 52 • expense. It wouldn't be just one crosswalk, we'd probably end up having two or three, possibly up to four of those, at a cost of between 40, 50 thousand dollars total for the project. We have no objection to requiring the new construction that comes in to be kept to that standard, it's just that we didn't have to -- want to have to tear up existing streets in order to provide that at this time -- De Weerd: So, would you want that -- Stiles: -- at public expense. De Weerd: -- to be tied, then, to any future development of the vacant lots, rather than put in at this point? Is that your intent? Stiles: Madam Mayor, Council Members, as far as within their development, if it's part of their new development and they are required to put those in, yes, we would be in favor of that and not have to do it as part of this Final Plat application or this Preliminary Plat application. Sorry. De Weerd: Did that answer your question? Zaremba: Not aptly, but yes. De Weerd: It sounds like that condition is okay, as long as it's later; is that -- Zaremba: Well, if -- if it's later and retroactive, so that it covers all of the drive aisles and private roads and whatever it is we are talking about here. I would not want -- if somebody that's doing a new development only has to do that on their property and, then, there is this identical -- identifiable crosswalk that ends when it gets to the current paving that would not solve my problem. If at that time they had to continue it across the current paving and it didn't happen now, that's not a problem for me. Stiles: Madam Mayor, Councilman Zaremba, Council Members, it would be hard to saddle somebody in the future, probably, with that private street -- crossing that private street and, then, requiring them to put the pavers in. I know they also have the flashing light system. I don't know, that's probably more expensive than the pavers, but to be honest, it's not likely that that private street is going to be cut into and make -- put the stamped concrete as part of their development, it just simply wouldn't be very cost effective for them. You know, this is a school district property, I know they should follow the same rules as everybody else, but it is the public's money that we are spending when we -- when we do that. So, that is a concern. De Weerd: Any further questions, Council? i ~~ s I . E ~' S ~~ ii ~ '!~ € ~i ~ 4 ' ~ ~ 6 . z ~ a o ~ .n i ~ ~ f ~ ' ` j ~ t ~ ~ d ~S. ~ A ~ i ~ ~ ~ ~ ~ ~ ~ i$ gj p I ~ n I Y ~ 4 . ~ ~ N ; k ; ~ Y ~ , j ~ '. } ~ ~ L ~ S ~ ~, j ~ i ~ i ~ I, p y ti 3 i f ~ -i ~ i ( F ~ i s i ~ ' - i ~ KKK t t ~ ~ i ~ I i ~ ~ f . f r~ ~L ~ ~ i ' ~ ]~ ~ ~ i i 'r z , ~. A ~ 4 F ~ . I E 1 Y ~, iL ~ ; Ig p ( ~ k L ~ ~ f ~ ~ ~~ s ± ~' ~ ~ ~ i 5 Meridian City Council March 4, 2008 Page 22 of 52 Rountree: I have none. Bird: I have none. De Weerd: Okay. I do have a question for Mr. Wendell. Stiles: Thank you. De Weerd: Thank you. Bigham: Thank you, Madam Mayor. Wendell Bigham, representing Joint School District No. 2. 1303 East Central Drive, Meridian. I'll stand for your questions. De Weerd: Well, I guess my question is as we went through and saw what the number of each of the lots it seemed like lot number three would include the current parking that is used by the Medical Arts Charter School. So, wanted to know what the intent was on that, if the charter school could potentially lose that parking if that lot were to develop. Bigham: Madam Mayor, it was my understanding, kind of at the advice of the planning engineers, that this lot for cross-access purposes would probably be better associated with this lot, as opposed to lot number -- whatever that is, five or six right there. Beyond that explanation, this parking is in excess of what is code. It serves -- is overflow for this and it provides a bit of parking relief for the Pathways Middle School that is currently located here. But to specially answer your question, I don't have a real good answer, other than it was just a perceived gross access and frontage onto this portion of the private drive. De Weerd: Since parking has been always the -- it's like wars over water, we have it on parking, too, and it would concern me that you would have competition with student -- what currently is student intended parking and I don't know if it's over and above code or overflow, but that parking lot is usually full and so that -- that tells me that, as usual, most students don't walk to school, they -- and that's the nature of a charter school. The charter schools do not draw from the surrounding neighbors, they are more mobile. So, that parking is essential to that school. I would not like to see it compromised by allowing it to -- to park a future use and I guess that would be my -- my largest concern. Bigham: Madam Mayor, to be perfectly honest, when you first raised the question -- I'm trying to envision the original survey plat that Idaho Survey Group prepared, that I was sitting over in the audience thinking that that was the lot and I was trying to read -- quickly the legal descriptions and I'm too blind to read all those little numbers right now. Your point is well taken. Other than cross-access purposes, the point for the school district is to maintain ownership, control, and use of that parking facility. 4 ~ ~ ~ `~ ~ i ~ : ,I t ~ } ~. I• i ~ I ~ i i 4 ~r ~ . S F ; 1, E ~ ~ ~ ' ~ ~ If 3 .~ ~ ~ `i ` ~ ~ ~ ~ ~ ~ ~ t i~ t j~~ 1 } • ~~ ~ ~ E t 7 ~ ~ ~ ~, IT ~ ,_ p i ' ;~~ k 0 _ I r ~ .~ , ~ ii ~ ~ i F i .'~~ ~ ~ ~ , ~ i + - ~ ~ ~ ~ t iF t f ~ t ~ f f E ~ j , ~ iii ~ i r ~ ~ ( ~ yy ~ ~ .~ ; ~ .~ ~ ! I i F I ;k ~ ~'~ ~ ~ ~ ~ r ~ i ~ ~ L J Meridian City Council March 4, 2008 Page 23 of 52 De Weerd: For school use. Bigham: Yes. De Weerd: Okay. That answers my question. Bigham: Okay. Madam Mayor, if I can address Commissioner -- or Councilman Zaremba's comments. Yes, money is important. That fact aside, we expect to play by the same rules as everyone else. However, because of the nature of the two charter schools -- these two are independently owned and operated charters -- well, owned by us and operated by the charters separately. This is a school district sponsored alternative middle school here. There is -- we anticipate that there will be very little cross-traffic between the L-O or the C-N in terms of traffic crossing north and south to the schools. The elementary school is a closed campus, so, hopefully, they are not wondering over to Starbucks here on the corner. Again, we do a good job of striping. The statement that there is a lot of people walking to and from the school, as previously noted, very few people walk to either of these three facilities, since they cover a large geographic area. And the elementary school's park -- walking traffic is already provided via a pathway on-campus system out here to connect up with the people down the southern part. So, in -- from a planning standpoint we have done quite a bit of work to eliminate walking traffic. We would not encourage students to go across one, two, three, four, five, six curb cuts. So, my guess is we are talking about whether they are striped accesses or stamped concrete or paver accesses, you know, in this vicinity it is just cutting into an existing road. In here we would prefer to do everything we could to discourage that cross-traffic. Canning: Madam Mayor -- De Weerd: But, Wendell, don't you have a crossing guard up at the northern end of that for kids across the street in Heritage Commons? Bigham: Madam Mayor, I do not know. I honestly don't know. I'm assuming there is some probably type of crossing assistance out on Locust Grove interior within the subdivision. I honestly do not know. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have been by there quite a few times and they have got the yellow lights blinking, but I have never seen a crossing guard. It sits so far back in there I'm not sure that most of the kids aren't bused. I've seen very little foot traffic out there. ac~ i ` I f ~~~ 01 p _ ,. ~ ~~ E ~ ~ i. I ~ el i i ~ f F i. ~ , ~~ ~ ~ ~ ~, 9 t , .c ~, , .~ 1. S } ~ ~ s ~ ', ~ ~ r q ~ Y ~' i ~ i ~ ~ { 4 ~ I~ ~ e ~~ ~ ~ 3 ~ ~ ~ ~ ~ i ' ~ I ~ ~~ i ;: j ~ ~ t " + ~ ,w ~ ~ t ii j j ,~ ~~ ~ q ~ ~ ~ e } ( i ~ ~ I t k ( ~ ~ 11 '~~l.. ~ ~ {{ r l t L. . ~ g¢ 7 ~ ® ! a ~f [ '~~ ~ f ~ i ~' rr ' 4~ r - ¢ l ~ I i ' ~ i ' ` k 1 f it f ~i ~kAj C~ c C } ~ ~: . 5 's ~ S . I ',, ~1 ~ f 3' ( ~ j { E i ii t ~ ~y ~ i i y; t t s ( S ~ ~' i x ~ i 1 ~~ i 1 ] ~~ Meridian City Council March 4, 2008 Page 24 of 52 De Weerd: There are a lot of kids across the street in Heritage Commons, so I -- Bird: Better make sure they are safe. De Weerd: -- don't know how they get there. Bigham: Madam Mayor, I believe they cross at the intersection of Leigh Field Drive and Locust Grove here. Or they will come out here but, specifically, I do not have first-hand knowledge of that. De Weerd: And I guess I would just emphasize what Councilman Zaremba is saying is, you know, there needs -- that needs to be delineated and what the appropriate treatment for that is. I don't know. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: If maybe one very important one could be identified, as I understand, if there is six accesses there is not likely to be the need to make this kind of treatment for all six of them, but -- and I don't hear a lot of other people jumping on the band wagon, so I'm -- it's not a do or die for me, but if there were -- and I'm not that familiar with the use of this property, even though I have driven by it on Locust Grove, I haven't driven into it. If there were one that had an unusual amount of student traffic my inclination would be to save the special treatment for that one. I'm not locked into every -- if there is six of them, I'm not locked into every single one of them that may not have that kind of foot traffic. Bigham: Madam Mayor and Councilman Zaremba, if I was to hazard a guess as the primary one for pedestrian crossing would probably be this one, because I don't believe this -- I just love when I'm not quite prepared. I don't think there is a sidewalk on the north side, but can't honestly remember that. But this one would probably be the crossing -- I can't remember either -- for this type of traffic movement in and out of the elementary, would be -- if there was a logical one, that's probably it. Zaremba: Well -- and even there, a sidewalk that's parallel to the street and crossing a driveway is a fairly apparent place for children to be. What I was more worried about is if there is a spot at some random place where a driver might not expect it, at an entrance to a driveway you would expect it and I wouldn't be as concerned about that. Bigham: Madam Mayor -- Zaremba: Maybe I don't need to be concerned. t I. q , ~, ~ f € ~ ~- . i i k i t `: ~ j i j ~ ~ ~ C _ 9 ~' ~ ~ ~ _ i - ~ 3 7 ~ ~ ~ S Y i, i i {{ p r 1 t~ 11 F ¢ 11 2 ~ ~ # 1 .- i i 'S i a ` ~ ij f ~ ~ ~ ,i 5 1 ~ 11 ~ ~ i 1 f p i ~ 1 Y i .. ~ i ~~: i ~~ ~ i 9 , ~ f . ~ .. i. Meridian City Council March 4, 2008 Page 25 of 52 • Bigham: I couldn't hazard a guess where we could try to address that concern through that maze of driveways, other than we would prefer to have sidewalks away from the school and the sidewalk up here is disconnected at quite some distance. Zaremba: In that case, Madam Mayor, let me jump to the other subject of the parking lot and this, actually, would be a question maybe to Director Canning. I think we are going to have a discussion whether or not -- De Weerd: Before you walk away -- so stay up there. Zaremba: I'm sorry. Yeah. Well, it's for all of you, but I was going to start with Director Canning. Canning: Ms. Stiles is trying to tell you that the parking lot is on the -- the other parcel. It's not on Lot 3. Zaremba: It's not part of three. Well -- and that, actually, answers the question that I was going to get to, you anticipated. I have no doubt that there is probably going to be a cross-access agreement no matter which parcel it's attached to, but what I was going to ask is whether or not parcels one, two, three and four could have something in the development agreement that said that didn't count towards the required parking. But if it's attached to six, then, I'm not worried about it. Six or seven. Because it wouldn't count towards the other ones required; is that correct? Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, if it's within a thousand feet they are allowed to ask for it through alternative compliance and shared parking, but it wouldn't typically. Zaremba: Okay. De Weerd: My question for Wendell was -- I think Pioneer has office and perhaps some commercial between the arterial and the school itself. Is that -- am I remembering that correctly? I know it was an empty field for a long time. Bigham: Madam Mayor, I couldn't tell you that. I'm not familiar -- De Weerd: I guess the reason I ask is I wanted to -- to know if there has been any issues out there. I know they have had considerable concern and issues with speeding cars and the danger of both the kids and the crossing guards has been pretty -- it's been a very dangerous situation out there. But my concern is the C-N up in that northwest corner, if it's adrive-thru, like a coffee shop, because I think someone mentioned a coffee shop -- those -- that kind of movement would conflict with kids walking to school { 1 ~, ~, I~ '• ;' f G 4 ~ ~~ ~, ~; : ~" ~' a, ~ , _ 5 ;:,, C~ Meridian City Council March 4, 2008 Page 26 of 52 and -- and would be in -- well, probably a concern with cars going in and out of that area with small children walking to school and just wanted a perspective on -- if it was like that at Pioneer or any of your other elementary schools, if you've have had any experience to avoid. Bigham: Madam Mayor, I can't tell you specifically of anything that where we are afraid of. We are always concerned about crossing movements on the walk routes to school. Now, those extend as far as a mile and a half out into the community and the walking distance from the school, so it somewhat gets to be an issue that we can't really control. However, if an application did come forward on that C-N parcel that we successfully sold, we would probably be expected to and we would review that application and weigh in on any proposed circulation, curb cuts, et cetera, for that applicant, just as -- because it -- once it shifts to the private ownership we would treat that property like we would everyone else's. But I couldn't tell you a specific concern -- most specifically I'm not familiar with the issues at Pioneer, other than we have crossing safety issues in proximity to our schools at all times. De Weerd: Well, we would all like to think that when we sell the property once, it is sold and they develop it like they say, but our experience has been that usually there is a good likelihood it will be flipped and what they say they will never do actually happens. And so, again, my concern is what those term movements are and are we setting ourselves up, because once it's a permitted use the city no longer has any kind of stick to regulate it and once the land is sold neither would the school district. So, what kind of protections can be put in place if that is designated that C-N to make sure that we are paying attention to our first and foremost priority and that is the safety of the children. Bigham: Madam Mayor, I would simply envision that C-N lot owned by someone other than the school district, what conditions would Council see fit to place on that ownership at this moment in time. We would concur with that. It's the same issue, the school's in the same spot, the ownership of the land is a mute point, we expect to be held to the same standard that you would see to hold private ownership of that land. And I don't have a good answer to that question, so not much help. De Weerd: Well -- and it's a school campus, you're more cognizant and the drivers are more cognizant, because it is a school campus. When it becomes a commercial venture, the caution sometimes is just not the same. Bigham: Correct. De Weerd: And that would be my concern. Council, any questions for Wendell? Rountree: Madam Mayor, I have a couple of questions. Meridian City Council March 4, 2008 Page 27 of 52 De Weerd: Yes. Rountree: Or at least one for Wendell. And I'm going to use the words of your representative as it relates to the zoning and the zoning of the charter school, which would be L-O, but indicated it would most likely stay in school use. Getting specifically to the concern the Mayor raised, what's the probability that most likely being flipped to something else? Bigham: Madam Mayor, Councilman Rountree, you're talking specifically about us flipping the charter school site, the two existing facilities? I think it highly unlikely. One can never guarantee. I mean we own the buildings, the charter school operates out of the facilities we own, and I'm not sure that that situation won't change in some -- at some future poinf where the charter actually purchases the facilities from the school district and becomes totally autonomous from the district, much like all of the -- it's a district sponsored charter school, which makes the ownership of it unique from the traditional charters that come before you. I know of nothing that would tell us that the -- there is a likelihood that either of those two charters would do anything but try to expand. So, I don't think we -- our intent would never be to flip it. Rountree: Another question. Has this proposal -- this land development, if you will, by the school district, been presented to your trustees or is this coming from the school administration? Bigham: Madam Mayor and Councilman Rountree, it has been reviewed with the trustees, it has been designated as surplus property and that is the reason we are moving forward with it. Our entire purpose is to sell the land. We would have preferred to have sold the land without going. ,through this entitlement process, but it didn't seem like the highest and best use of the taxpayers dollars. Again, following that same logic, providing elevations, if you will, for development activities, the school district does not feel we should be directly competing with the private sector by constructing office facilities and trying to lease them out. So, we are simply trying to get the land to the highest and best value based on its use as surplus land and we would very much like to dispose of this property. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Either Wendell or Shari. Did I understand you correctly that there is a curb cut here and that this private road would become a public road and connect up in this area? Stiles: I'm sorry, could you ask that one more time. Shari Stiles, Engineering Solutions. ~ >~ i '~~ l~ ~ { ; e' 1 ~~ ~ is :. ~ _ ` S ` ` i ! x ;f k • • Meridian City Council March 4, 2008 Page 28 of 52 Rountree: I wasn't sure I understood you correctly. This is the -- the private road now and you talked about turning the private road into a public road and the curb cut that would be in this area. Are you talking about the curb cut here and that that would continue on through here or are you just talking about this connection? Stiles: Madam Mayor, Councilman Rountree, it is not yet a private street. Staff has asked us to make that a private street in order to address the separate lots. There is a curb cut existing out on Leigh Field Drive. It would be what the school district intends to do would be to continue that road out to Leigh Field. Did I answer your question? Rountree: It sure does. Bigham: Madam Mayor, if I can also weigh in on Councilman Rountree's discussion. The original Education Campus Subdivision showed a future road that follows this existing survey line, which existed on the original plat. The original intention was to have four charter schools of some nature across here. What's probably the biggest reality is the portable campus that is here, once it is determined that it is, in fact, successful and geographically correct, will undergo what happened at Crossroads. We will build a permanent facility. That permanent facility will be built in this portion of the lot, so this curb cut will be utilized to bring a roadway system in to serve the main building here and interconnect the campus and this chunk of land for the quite -- a very long foreseeable future. At that point would become open grass area, athletic PE area, to support all three of the schools. We simply need some grass. So, the likelihood of that street going through is good, but we probably would not construct it until we build the permanent structure over here. De Weerd: So, why wouldn't you just keep that the quasi-public use, instead requesting designation for an L-O? Canning: Madam Mayor, Members of the Council, let me help Mr. Bigham out on that one. The school is asking for the L-O designations on the school facilities. They are principally permitted uses within the L-O. I'm not sure that the school facilities are even an allowed use in R-4 anymore without -- I'm not sure they are even allowed anymore. So, it's -- it's a more appropriate zoning for the actual school facility. It allows them to come in as a principally permitted use on those lots. They are not requesting a Comprehensive Plan designation change, it would remain public/quasi-public on all of this property. De Weerd: Okay. Thank you. Council, any further questions for the applicant or their representative? Bird: I have none. L.J Meridian City Council March 4, 2008 Page 29 of 52 l~ LJ De Weerd: Thank you. Okay. This is a Public Hearing. Is there any members of the public who would like to provide testimony on this application? Okay. Would the applicant's representative have any wrap-up remarks? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Before we do that, I would like to ask our fire department people. There are comments in there that mostly pertain to fire hydrants and addressing and stuff, but since you do have an educational use as part of this property, I just would request that you weigh in with an opinion about what we have been talking about. Johnson: Madam Mayor, Councilman Zaremba, the other Members of the Council, right now most of our use out there at the safety center is the second graders that come in are -- they are usually bused in, so we don't have a whole lot of foot traffic across there, other than students coming from the school directly across the street from there. So, for our aspect I wouldn't see any issues with the proposed changes. Zaremba: Great. Thank you. De Weerd: Okay. Stiles: Madam Mayor and Council Members, Shari Stiles, Engineering Solutions. I want to apologize to Councilman Zaremba for misleading- you on what you were asking before. I hope -- I wanted to make it clear that this is one lot, So, the charter school will be part of that lot. I -- one, two, three -- I don't know which order -- five, six, seven, eight -- wait. That was wrong, too. One, two, three, four, five, six, seven. Okay. I can count to seven. Zaremba: Thank you. Stiles: I'm not quite sure what Councilman Rountree was getting at with the private street extension through there. I know there may be some concern that that would become a through way -- cut through, if, in fact, there would at some point be a traffic signal there at the half mile mark, which I would anticipate at sometime would probably happen. I'm sure that the school district would be amenable to not making that a public through way. You can drive through there right now, clear through to Leigh Field, if it's not too muddy. I don't think they have had a lot of problems with cut-through traffic, but I can see where you might be concerned that that -- and that there might be some additional safety concerns, but -- I hope that I answered your questions. If there is anything else you have of me, let her rip. ~ s ~ ~ ~ ~ ~ ~ ~ F 1~ `E i k ~ ~ ~ s ?, ~ I ~ ~_~ ~~ 1 i ''d' % } ~ ~ ~ a ~ { i ' i i ~ ~ ~ ' ~ ~ ~ k1Q9{ 4 1 ~. V S (iS ~ ~ { { I ( [[[111, it 1 ~ t \ ~ }~ ' ~ ~ ~ ~ k ~+ F _ h ~ ~. 3 ~ .. ` t ; ' ~ 5 F ' p ~ ~ ~ ~ i w i L ~p ~ ~ ~ t y ~ [ ~ ~ ~ ~ ~j~ { ~ I ' ~ i 41 4 (I ( ~ ' f{ }j( • Meridian Ciry Council March 4, 2008 Page 30 of 52 De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. Council, if there is no further staff comments, applicant comments, the public had the opportunity to provide public testimony and seeing that there is no further questions, I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Before we close I'd like to make a comment or two, not specifically for or against this project, but it seems like we have heard from the applicant that they didn't want the city to be vague about design criteria, if they understood that we are interested in design. Maybe we are. And we don't really have a sense of what they would propose in this area. We have a comment from the school district that they will accept whatever conditions we might propose this evening on the commercial properties and that's all well and good, but I'm not going to sit here and come up with that list of conditions this evening. I think that's something that we need to deliberate and I think we need to make sure we do this one right, because I can see that we not only create issues for the school district, we create some issues with us with commercial development in an educational complex. Those elementary kids are going to go where ever they can get to go and with that potential private street, if you will, through the middle of an educational facility, bordered by commercial facilities, I don't know that it's been well enough thought out. I heard a comment from the school district that I guess I wasn't -- I'm not quite prepared to answer some of the questions that have been asked. I would like to at least be able to deliberate this further, have staff put together some -- some comments and conditions that might address some of the safety issues that we have talked about and there is still issues with us. I understand it costs money to put in crosswalks. I understand maybe the -- the cutting of the asphalt and the brick might not be the answer, but I value those kids' life a lot more than I do value the cost to whoever is going to develop this property to put in an appropriate crosswalk. So, I'm .suggesting that we continue this and get that information put together, so we can make a reasoned decision, as opposed to a five minute decision on this particular item. Canning: Madam Mayor, Members of the Council, if the Council chooses to go that way, I need a little more clarification, so I guess if -- once you find out which way you're going, if I could chime in that would be helpful. Okay. You're all staring at me. Does that mean I should chime in? Zaremba: Madam Mayor? Meridian City Council March 4, 2008 Page 31 of 52 De Weerd: Mr. Zaremba. Zaremba: I, for one -- I think I would join Councilman Rountree in saying that the project as a whole -- he didn't say this, but the project as a whole is one that could be acceptable to me, but I would like to make sure that the safety aspects are thoroughly addressed and whether it's observational or statistical, where are the children walking, where do they need to be protected. If there is a way to get those answers, I would support the idea to continue this. De Weerd: Any further comments? Do I have a motion? Canning: Madam Mayor? De Weerd: Yes. Canning: Before you make a motion to continue it, may I ask for some clarification, since I have been -- I suspect I'm going to get directed to work with the applicant. De Weerd: And I'm sure the applicant would like that as well. Canning: Madam Mayor, Members of the Council, I heard some questions about the appropriateness of the L-O zoning, but I haven't heard a consensus of the Council on -- on whether you want more C-N or less C-N or just leave it L-O. So, if I could get some clarification on that would be helpful. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm okay with what's proposed in terms of the amount, but I want to see the right conditions applied to that, so we don't have adrive-thru situation that becomes a conflict with pedestrians and particularly school children on the access road. That would be --adrive-thru would be one use that I think we would want to condition out. Canning: Okay. Rountree: Those sorts of things. And I think probably working with the applicant you can get a sense of what might been there. I know there is a long list of conditions we could come up with, but, again, the safety one is the biggest one for me right now. The other conditions I would want with respect to the interior traffic movement is -- particularly with the number of kids that could be crossing through this area is to make sure that the crosswalks are identified in a fairly consistent and uniform manner and ~ ~ 1 t ' ~ 1 s F i ` ? 3 ~ i ! ~ yy - ~ , ~, a s ~' 111 ~ , j- f 1 I ~- { ~ k{ ~~ t ~ ' I ~ l} ~ ~i j( i d ~ t~ ~k ~ i # 3 ~ ~ Fi f ; ' ~• ~ ~ ~ f I i ` ~ 4 ~ J i : ~ e i ~~~ ~ ,~ a~ } i i ~. ~ ~+ ~ 3 1 ~ i @ F i ~~ ~'~ r } , ~~ R 1 t ~ 4 3 i , S ~ ~ i j E i § ttt ~ 3~ ~ r i ~ ~7~ (~ f ~ ~ ~ fi` ~ 1 {{{ " ~ ~ r Et i I , 5 111 ' ~ ~ } -. C ~ i7 ~ ; ~ ~ i ~ ~ ~ ; . I t { , 1 ; ~ ~ - ~ ~ ~ :y~, a ; i ~F ¢ jj ~. { :~ ~ i t n t P s , ( s '' ~ { ! ' ~ ~ r ~~ ~ 3~ 1 I i r € ~ ~ a s '~ : ~ ! ~'. ~ ~ i ~ 3 E ? ~ i ~., ~ i ~ ;~ ~ ' ~ }} 7, ~, i 1 ~ ~~ t ~ [ ~ • Meridian City Council March 4, 2008 Page 32 of 52 some assurance that if it's a minimum of paint that we see a commitment on the part of the school district to do it multiple times a year, particularly if there is enough volume of traffic in there to wear the stripes off. Canning: Madam Mayor, Members of the Council, can I ask for thoughts on something. The applicant has -- or been requested to submit for a private road for addressing purposes, which is a common -- common requirement. In nonresidential zones that private road requirement carries with it a sidewalk -- a minimum sidewalk on one side of that private road. That would seem to be an appropriate sidewalk without needing the north-south sidewalks, because you do have the schools at the terminus of that road. So, I would suggest that that would be the appropriate location, either on the north or south side. Obviously, the south side impacts the school district property much much more, but more people would be using it that are going to -- to structures located on the south side of that. So, if I could get Council's thoughts on that, if that is the appropriate sidewalk location, or if you want one going north-south and -- I think that would be helpful. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I support that that should be a private street, again, for addressing purposes and other conveniences. Part of what my thought would be of continuing this for a future date would be to have feedback from you all which side you thought it ought to be on, the sidewalk and so forth. Where ever the greater amount of traffic is I agree with you that's probably where it should be. If that seems like it's on the south side, that -- that works for me. But that does seem to be a subject for continuances what sidewalks where, what treatment. If that becoming a public street forces there to be a sidewalk, I certainly support that. On the subject of the L-O, if I may retrogress a moment, I am happy with what the applicant is proposing here, L-O comes with certain conditions that I think we are comfortable with around the school. If at some time those other parcels -- I'm probably thinking parcel two and parcel three -- are sold to somebody who wants to reapply for a rezoning, we would have an opportunity to condition them differently at that time. So, on that subject I think I'm comfortable in going forward with the request as is. Canning: Thank you, Madam Mayor, Members of the Council. I think I got the clarification I needed, unless there is any other comments from Council. Rountree: Madam Mayor, I guess my final comment would be to resolve the design issue and the design language. Bird: Madam Mayor? Meridian City Council March 4, 2008 Page 33 of 52 De Weerd: Mr. Bird. Bird: My only concern is the safety of the children and I have no problem with what they are asking for the zoning. I think that road should stay a private road and the sidewalk, to me, would logically be on the south, because that's where you're supplying three schools -- or two schools. Well, three, I guess. As you all know, I'm not here -- sitting here to design their buildings for them, but I do want it to be safe for the kids, any kids that walk there. I have driven by there quite a few times when school is out, you don't see a lot of foot traffic, because they are going to being bused the most, but we have definitely got to make sure that foot traffic for kids is safe. So, that would be my biggest thing is to work something out there that would -- De Weerd: So, to clearly delineate where the sidewalks are, because, you know -- and so Shari and Wendell will work with staff, but it seems to me in front of that Medical Arts Charter School they do not have a sidewalk on that south side. So, if we can offer up where those sidewalks currently exist and include it in your inventory there. I know there is a sidewalk alongside the professional technical charter -- Bird: To a point. De Weerd: Yeah. Just around that corner. Is that enough detail? Canning: Yes, ma'am. Thank you. De Weerd: Thank: you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I would move that we close the Public Hearing -- Canning: Sir. Rountree: Or have we? De Weerd: You want to continue it. Rountree: Oh. Excuse me. Continue the Public Hearing on Items 13, 14 and 15 until March 25th. Bird: Second. f 1. r f 6 i ~~ ~i ~~ :{ :j ~ 3d a ~~ 'a ~ 6 ~ [ p~ E P I I - i~ - t ~ r I ~~ ~ ~ N ! k l E ~. r ~ ~~ ~ I x , ~, 1S ~ I {{ F t, I i ;~~ i ~ ~~, ~ ~ ~ i kk ' ~ .L ~• if% I I J i .: YF! i ~ ~ ~ i { f ~ i ' ~~ t6 ~ ~ f f ~ E ' i i ~ ~ S S ~~ F ~:~. ~ ~ I , i ~ ,; i. Meridian City Council March 4, 2008 Page 34 of 52 Zaremba: Second. Oh. Sorry. De Weerd: Okay. I have a motion and a second to continue Items 13, 14 and 15 to March 25th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Wendell, you don't get spring break, do you? Does that date work for you? If you will come to the -- Bigham: Thank you. Madam Mayor, Wendell Bigham, Meridian School District. would ask that we extend it a little further into the future. If -- by the nature of the discussion, if it demands other resources from the school district, such as safe transportation people, with spring break following that week it may be hard to get the people with the specific information that may be germane to the discussion here. So, if we could move it out into the first week in Aprilish, whatever, would work also for us. De Weerd: Do you want to revisit it at that time or do you want a date to be set different? Bigham: Madam Mayor, I think because of people that I may want to bring in, I think any date other than in the middle of spring break would be absolutely fine with us. De Weerd: April Fool's Day? No, that's our workshop. April Fool's? Okay. Thank you. Council, I would need a new motion. Mr. Nary. Bird: Revise your motion. De Weerd: Do we have to cancel the former motion or can we just -- Rountree: I'll revise it. De Weerd: -- revise it? Nary: There you go. Rountree: Madam Mayor, I revise my previous motion for the date certain of April the 1st. Bird: Second agrees. .t 'l :> ~l. ".~ ,i t ,~ Viz. ~l ,, ,~ ;i C~ Meridian Ciry Council March 4, 2008 Page 35 of 52 • De Weerd: Okay. We have a new motion on Items 13, 14 and 15, to continue the public hearings to April 1st, 2008. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: De Weerd: Okay. Thank you. Item 16 is a Public Hearing on AZ 07-019. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Stake House project, located at 5555 North Locust Grove Road. The application before you tonight is for annexation and zoning and that annexation and zoning is of 15.49 acres to L-O. No development is proposed at this time. There is an LDS church currently on the property. A stake house, actually, currently on the property and it is receiving city services currently as well. The Comprehensive Plan designation on this property is also public/quasi-public. Similar to our last application, the original intent of the applicant was to dispose of excess property on the south end of the development. Because they didn't have a use in mind at the time, they did withdraw the preliminary plat application and have just asked to proceed with the annexation and zoning. So, staff has proposed and the Commission has recommended a number of DA requirements and those would include at a minimum, if or when this site redevelops, access points to and from the site will be evaluated and may be restricted by the City of Meridian and/or ACHD. The intent was that any future development should share an access point with the church, the southern access point with the church, rather than having a new driveway cut onto Locust Grove. If when the site redevelops, full compliance with the landscaping of the UDC shall be enforced and except for additions or buildings associated with the existing church, no building permits shall be issued on this site until the subdivision has been approved by City Council. We do not, again, have elevations for you. The Commission recommended approval at their January 17th, 2008, Public Hearing. Ladd Cluff spoke in favor of the applicant. No one spoke in opposition or commented or provided written testimony. The key issues of discussion by the Commission were the development agreement for the site and there were no Commission changes to stafFs initial recommendation. The outstanding issues for City Council, again, are the -- just the development agreement requirements for the site and the applicant is opposed to the DA. With that I will answer any questions Council may have. De Weerd: Thank you. Any questions for staff? Rountree: I have none. Meridian City Council March 4, 2008 Page 36 of 52 Bird: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Bradshaw: Name is Terry Bradshaw. Address 7770 Makayla Drive, Nampa, Idaho. 83686. Madam Mayor and City Council, I am the real estate manager for the Church of Jesus Christ of Latter-Day Saints in this area and as staff has indicated, we are here under the request to annex this property into the city, because we are currently receiving city services for this property. We concur with the staff on most issues, other than we have no application before you tonight to develop the property. The simple application we have is to annex the property, because we are receiving the city services. Therefore, we would respectfully request that we not be required to enter into a development agreement at this time, since there is no development proposals planned for this property. So, that is the one thing that we would like to make mention. So, the only application here is for the annexation. There is nothing having to do with any joint access or excess property or anything like that at this time, so that we'd just like to make that request and that's all I have. De Weerd: Well, oftentimes the only time we can protect the -- the intent of the applicants and the city is when it's being annexed and it's not like we don't believe our faith community. We do. But with that said, we have oftentimes been surprised and -- and Ithink the development agreement is just that, to show the intent at the time of the annexation. It's nothing else. But it does protect both parties. So, staff, do you have anything further to say about the intent of the DA? Canning: Madam Mayor, Members of the Council, no, and, unfortunately, the only time we can ask for the DA is with the annexation or a rezone of a property. De Weerd: Otherwise, it will go with the zoning designation and, then, it's a permitted use and there is nothing the city can do at that time if you don't have that DA and so that's usually why we require it. But it's certainly up to the Council and not myself, so -- Bradshaw: I understand. So, it's my understanding that it is by city ordinance that that is the only time that it can be requested; is that correct? De Weerd: It's generally our practice. Rountree: It's state code. De Weerd: State code. Bradshaw: Okay. ~' ~ ~! y ~ : { 3' i` I ~ k I i ~ ~ , f ~ t ~ ` , ~ ~ ` +i ? ~ i, F s ~ ~ ~ I ~ ~ ~~ i }€ Qr ~ 1Y ( f I f 1 ( ~ z i ~ ~ ~ ~ ~ ~ "R ~ ~i ~ J i [ S ' ? ~~ i' x ~ t l~:f ~ r ~ , i ~ . i x ;~ s F :~ ~ ~ I ~ ~ ~ ~ r ~ ~ } ;~ 1 ~If ~ ~ ~ ; i I ~ i t (~~ 4 ~ k ! 1 ! ~, f ~ ~ , ~ ~ i ' ~ E ~ 'a t , ' f ~ •' ~ ~ ~ ~ ~'~ ~ t r 'i I t ^r x G i ~ I1 1 F } r: Meridian City Council March 4, 2008 Page 37 of 52 • De Weerd: That's why it's our practice. Council, any questions for the applicant? Okay. Bradshaw: May I request that the development agreement be, I guess, restricted to just the annexation issues, rather than any potential or future development of the property? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say that the points raised that are being asked to put in the development agreement are specifically for everybody's benefit to let any future developer know what the requirements would be and the distinction about whether it's a development or annexation, these are the things that we think you and any future developers need to be warned about. Bradshaw: Okay. Zaremba: To include in your thinking when you start thinking about development. De Weerd: And, sir, if at the time you wish to amend the DA, you can always come back to the city and do -- and request that. So, further down the line if there is something that is desired to be changed, if circumstances do change, you can come and request an amendment. Bradshaw: Okay. Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council and for the benefit of the applicant, that process to amend the DA takes typically three weeks, not the three or four months that it's taken to -- to bring the annexation application forward, if that's of any comfort to the applicant. Bradshaw: Always. Thank you. De Weerd: Thank you. Okay. I do have people signed up in support of this application. If when I call your name you would like to provide public testimony, please, come forward at that time. And I don't know if it's an O or an A, but Todd Cluff is signed up in favor. Okay. Scott and Lori Shepherd signed up for. And Carl Shepherd signed up in favor as well. Okay. It is a Public Hearing. Is there anyone who like to provide public i~ '. Aj i '~ k' ~'. i 'i ~~ q ;1 ~, ~~ , ~ ~ ~ ~~ ~ i . . S p ~ ~~ ~ G ~ I }y 1 I S i ,{ ~ ~ ~ p s 1 ~ FF 1 ~°i ~'~ ~ ~ } F ~ _ ~ ~ f. ~ ~ ~ i 4 ~ fi ~ 7 ' ' t I I ~ ~ t e ~~ r ~ ~ i ii ~ ' 1 . i ' ¢, ~ ~~ j ~ ` ~ f ~ ~~ 1 ~ , ~ s f - ~ ~, ; i ~ ~ t c ~ t ' ~ j l , f j ? ~ ~ i '~ ~~ i ~ ~ I r ~ ~~ ( X 8 ,. , Meridian City Council March 4, 2008 Page 38 of 52 testimony on this application? Does the applicant have any concluding or wrap-up remarks? Okay. Thank you. Council, any further questions or comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard staff and applicant testimony and given the public the opportunity to testify, I move we close the Public Hearing on Item 16. Rountree: Second. De Weerd: I have motion and a second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve AZ 07-019, to include all staff comments and to clarify with the requirement of the development agreement as requested by staff. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 16 with the comments as stated. Is there any discussion? Hearing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L- O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC - NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): De Weerd: Thank you. Items 17 and 18 -- or Item 17 is a Public Hearing on RZ 07- 013. I will open this Public Hearing with staff comments. f +~ f ~ ?~ ~ `` i~ a j I tl ? i l Pt 3 e q aE 7 ~, ' l t pt ` ~ [ r ~ i ~~ 6 z yr ~ =~ ! t 4 ~ t1 ~;I ! `d~ 4 ; q 9 ~ E ~ i r~, i ~ ! g~ f, r ~ i ~ ~ ~ € ~ ~ t ~ k _ i1 ~~ ~ ~ ~ ~ ~ ~ t~ ?~ ` ~ ,~ ~, t ~.~ ; F ~ ~ i ~ s ~ ~ ~ s ~ j ~ d t 1 ~; i ~ t# t~ } j f ~ I ~ ~ ~ [ t ! .~~ 5~ ~ r r, , ~ s ~ ~ i t ! z ~ }} ~ ~ i '£ , } SS j t ~ j t i t ~ i ~ a E! ~ ~ S : 3 d };~ ~ ;~~ ~! ~ ~ ' ~ F € ~ ~ I ~. r I ~ ~ f ~ ~ ~ - ~,~ i f~ ~: 1 ~ # i ; 'iI ;~ ~ ~ ~ ~ G ~ ; r - ; ~: e E ~ ~ a i ~ i~ a 9 f i. `r I t - s. ~i ~~ ~~ ~ _~ '~ ~ ~ ~ f ~ ! t I I QQ~ I !Y~ ~ [ aEa F 1 ° i ;~ { ~ ; ~ ~ ~ p~ ~ =i i , ~ is ,. ~~ ~ ~ ~ @ ( ~ ..~ f i ~~.~ i : ~',! ~~ i i:. } ~ ~ ~ ~ '. ra i ~~', it 1. ~' -. ~ _: ~ '. ~ ~ ~ ~ I ~ t. ~ - ~ Meridian City Council March 4, 2008 Page 39 of 52 Canning: Madam Mayor, Members of the Council, this is the Strada Bellissima Commercial project. You are hearing this upon reconsideration of your December 18th, 2007, Public Hearing. The property is located on the north side of Victory Road just west of Meridian Road. The applications before you tonight are only the annexation and zoning of 15.49 acres to C-N zoning. The Council at that December hearing also acted upon the Comprehensive Plan amendment. This was the original graphic. As you can see it was R-4 zoning at the time -- or, I'm sorry, it was residential designation at the time. You approved a change of those properties to an office designation at your December hearing. The request tonight is to rezone 1.76 acres from L-O to C-N. The existing L-O zoning was achieved through a planned development previously. The applicant is requesting the rezone to allow retail and restaurant uses on this site. The Comprehensive Plan amendment -- or, I'm sorry, I already noted that. The Planning Commission recommended approval at their November 1st, 2007, Public Hearing. Michael Crawford spoke in favor of the application as the representative for the applicant. No one spoke in opposition. No one commented. And there was no written testimony, aside from the applicant. Key issues of discussion by the Commission -- several Commissioners felt that drive-thru establishments could impact the surrounding neighborhood. However, no changes were recommended to the staff report. So, there were no key changes to staffs initial recommendation. Staff did received -- staff didn't receive written testimony prior to your previous hearing, but did receive a few phone calls from neighbors in the vicinity that are concerned about commercial uses and traffic on the site. In the request for reconsideration the applicant supplied additional information on the relationship between the subdivision and the adjoining church and their joint efforts at traffic management. The outstanding issues for City Council coming forward to your original hearing were the appropriateness of the proposed map change and rezone and those remain the outstanding issues before City Council. I did want to briefly summarize your previous hearing. Again, Mike Crawford spoke in favor of the application. You had testimony in opposition from Nathan Gardiner, who commented on increased traffic, decrease in property values. You also heard from Kelly Kunzweiller about access and church traffic through the neighborhood. You heard from Kathy James who felt deceived by the developer. You heard from Julie Bingham about neighborhood safety for children with the increase in traffic. And you heard from Kelly Steves, who was not noticed for hearing and the church access points onto Meridian Road were a concern. Key issues of discussion by the Council at your previous hearing were the permitted and conditional uses for the C-N zoning district. The office uses were allowed along Meridian Road as part of the PUD use exception approval and there was discussion about that. And Council wanted further explanation regarding the transition from an office use to a commercial use next to residential. Your previous Council decision, as I mentioned earlier, you approved the Comprehensive Plan designation to change the area from -- to office rather than -- or from residential to office, rather than the requested commercial. But, then, Council denied the rezone request to commercial. My concern with this reconsideration hearing is that Council approved a Comprehensive Plan amendment to change this designation to office. The • • Meridian City Council March 4, 2008 Page 40 of 52 requested rezone to neighborhood commercial is not consistent with the recently approved Comprehensive Plan designation. So, I think that because the Comprehensive Plan wasn't requested for reconsideration, that went forward. So, we are stuck in a little bit of a predicament tonight with regard to consistency with the Comprehensive Plan. And with that big whopper at the end I will end my presentation and answer any questions that Council may have. De Weerd: Thank, you for the whopper. Council, any questions? Bird: I have none. De Weerd: Before I ask the applicant to come forward, are our two young men in our front Boy Scouts completing a requirement? You have sat through a good portion of our meeting, so I wanted to offer you City of Meridian pins before we made you stay the whole end and for your tenacity of being here tonight. So, if you want to come and get those. And good luck on your badge. Thank you for being here. It's not very often that we have young people of your age that actually last this long, so -- and stay awake. You know, we think it's exciting, but not all do. So, thank you. Okay. At this point I'd like to invite the applicant forward. If you will, please, state your name and address for the record. Evans: My name is Richard Evans. I'm at 9560 West Pebble Brook Lane in Garden City. De Weerd: Thank you. Evans: I guess the request for this rezone of Lots 2 and 3, it shows three lots, but we acquired the -- the south parcel and it's now two lots. It's Lots 2 and 3. That -- that entire area there it seems to be going medical. There is interest in putting a pharmacy in there. Not necessarily adrive-thru pharmacy, but the doctors in there have interest in that. That would also benefit the neighborhood as well. We have several things that would restrict the type of businesses that would go in there under a C-N zoning. One is the four spaces per thousand parking that we already have. If they can't live with that, they can't come in, because we don't have anymore parking than that. The traffic going to and from the area really doesn't go through the residential area, it goes in on Alfoni and, then, they go right on West Galvoni Drive into the -- into the current L-O zoning area. So, there is not increased traffic like you -- evidently, the church people to the north in Valley Shepherd come down Alfoni and back it up. That would not be the case, because there is no reason to go on that road to go into the L-O area. So, I don't think the traffic issue is a valid issue. There are some uses that would actually have less traffic than the dentist that we are getting in there now. They seem to really turn over a lot of traffic themselves. So, there is a possibility you'd have a net loss in traffic, not a • Meridian City Council March 4, 2008 Page 41 of 52 net gain. Depends who comes in, so -- I'm just trying to think if there is any other points I wanted to mention. Are there any questions of me? De Weerd: Council, any questions for the applicant at this time? Bird: I have none. De Weerd: Okay. Thank you. Evans: Thank you. De Weerd: Okay. I do have a number of people that have signed up on this sheet. If you would like to provide testimony when I call your name, please, come forward at that time. Aaron Neal signed up against. Okay. Joni Neal signed up against. Kathy James against. Thank you. Brad Frazier against. Darlene Wheeler against. Wheeler: I'm Darlene Wheeler. 2857 South Alfoni. De Weerd: Thank you. Wheeler: And, obviously, I'm on Alfoni Way, one of the residents that is impacted by this. The first thing I would like to point out is the applicant is also our homeowners association president currently. So, there seems to be a little bit of dual representation. I am right here on Alfoni. We are the third house in from Maestra. Maestra is the only access point currently into off of Meridian Road. It serves both the Valley Shepherd Church and also serves the entire subdivision and also serves Bear Creek as a cut- through point in from Meridian Road through into Bear Creek. So, there is a lot of traffic on Alfoni Road right now, as Ada County Highway District is aware of. One thing that isn't represented very well on this picture is the fact that the way that this is set up right now is that Alfoni -- the cut through into this commercial area right here, the driveway into that is a straight shot along Alfoni. As what is happened right now and has been noticed is the fact that a lot of the church parishioners use Alfoni as a direct shot out here onto Victory Road and the same thing is going to happen with this commercial, they will come down Meridian and this becomes a quick cut through to get into this commercial lot. They wouldn't use Meridian Road and come down to this traffic light and have to make a right turn to come into here. And that's been noticed already with the church participants and we expect the same thing will happen again once that turns into a commercial lot, if it does. So, we are very much opposed to it. De Weerd: Thank you. And I would also note for the record we do have two letters in front of us as well from Aaron Neal and Jodi Neal, so -- okay. James: Kathy James. 2825 South Garibaldi, Meridian. 83642. ~ F ~ '~ ~~ R. ~ t tttt ~I' ~ ~ ~ ~ ~' { )i ~ . , ~ k i ':e ~ ~~ ? i ~ ' I ~ ' ~ E ~ r 1 `~ { E ~ ~ i e . ~ ~ ~ i ~ ~ ~ ~ E ` ~ l 4 I k ~ ~ S ~ ~ I { y• ~ f ~ i i ~ r ' ~ .. t ~ f~ ~ S F r k ~ ~ +' ~ t ~ ~ . I ~ ~ ! . ; ; ~ f F ~ :~ .~ f ~ ~ t , ; ~ ' t s S ~ t I ~ ~ l~ I r i ~ ~ ~ ~ ~ ~ z • Meridian City Council March 4, 2008 Page 42 of 52 De Weerd: Thank you. James: It's only been two and a half months since the developer's zoning request was denied. At that time this Council made it perfectly clear that only L-O was the correct zoning in compliance with the Meridian's Comprehensive Plan. The subdivision is residential and L-O is allowed as a buffer for the homes from -- to buffer them from Meridian Road. Yet, the developer has been advertising Lots 2 and 3 as being zoned C-N and he full well knows they are not. When this was brought to his attention he pawned it off as a mistake by the realty company. As far as I'm concerned that's a lot of poppycock. Realty agents get their information for their listings from the developer, not the other way around. Also, I have a copy here of what has been on the Internet and also a letter from your Anna Canning to Darlene who just spoke. I'd like to enter them. And I have also highlighted what is particular to what I'm talking about here. In addition, according to the letter from Anna Canning, your planning director, to Darlene, our traffic problem on Alfoni and Maestra are largely the result of the developer's own requests, so he could have access off of Maestra and, therefore, develop the business park. The letter also indicates that the traffic from the church was intended to travel south on Alfoni through the subdivision. He established the traffic patterns and all of it comes through the subdivision. A C-N zoning would allow such thing as restaurants or retail stores, like a Mavericks or 7-Eleven. And, in addition, there is another real laundry list of items that are permitted, not conditional, under that zoning. All of that, if it was changed, would also add to our already bad traffic problem on Alfoni and Galvoni. In fact, the worst traffic area in the whole subdivision is the corner of Orso and Alfoni, which just happens to be the spot where the developer himself placed the tot lot. Good planning. If you grant him C-N zoning for Lots 2 and 3, even more traffic will come off Meridian Road and be funneled directly down to Lots 2 and 3. L-O zoning typically results in increased traffic and noise 9:00 to 5:00 week days. But a C-N zoning would increase traffic and noise up to 24/7. De Weerd: Mrs. James. James: We already have bad traffic problems due to -- due to poor traffic engineering on the developer's part. We have got traffic coming from Bear Creek. We will also have traffic coming through our subdivision where it's on the map it's shown as R-8, that is under construction as Shepherd's Creek. They are landlocked. Their only access is through Bear Creek or Strada Bellissima. De Weerd: Mrs. James, can I ask you to summarize, please. James: Oh. Sure. I'm almost -- I'm almost finished. De Weerd: Okay. Thank you. • • Meridian City Council March 4, 2008 Page 43 of 52 James: Basically, I wanted to say, please, don't exacerbate our traffic problems and deny this request. Thank you. De Weerd: Well, thank you. Chuck Wheeler signed up against. Thank you, sir. Gary Wentzel. Neal: Sorry, I thought we were just saying that we were here and, then, you were going to let us speak. De Weerd: Okay. Neal: I'm Joni Neal. I live at 338 West Galvoni. The reason that I'm opposed to it is because if you actually go onto Victory Road and -- or onto Victory Road and go right up, I am the third lot on your right-hand side. This is the route that me and my children take to the park. If you opened that and even into apharmacy -- we have a pharmacy on Walgreen's on the corner of Overland and Meridian Road. I don't see that it should be necessary. This is a residential area and we all agreed to the terms. I agreed to my CC&Rs and agreed, you know, that I would have so many plants and so many shrubs and we moved into that subdivision thinking that it was going to be just, you know, pretty much like business banking hours, which is fine, because most of us do work and the times when we do get home we can go to the park or on the weekends and this is -- you know, I have got two little children and I just wouldn't have moved here. It's upsetting. Thank you. De Weerd: Thank you. Okay. Gary Wentzel signed up against. And Chris Wentzel also against. I hope I said your last name right. Well, good. There is always a first. Scott and Lori Shepherd signed up against. Douglas L. James signed up against. Steve Kunzweiler signed up against. Kunzweiler: This is prepared, so some of this has already been discussed, but -- Madam Mayor, Members of the Council -- De Weerd: Sir, if you will -- Kunzweiler: Steve Kunzweiler. My address is 2989 South Alfoni Way, Meridian, Idaho. 83642. De Weerd: Thank you. Kunzweiler: I'm here tonight to express my opposition to this rezone application. If the property were to be rezoned from light office to neighborhood commercial, the developer could develop the property either under the strict zoning or through a ~ a : ~ ~ i J i ~ ~ ~ i ' i ~- ~ ' ~ I ~ 1 { (S I ~ 1 jj I ~ , ~ • ~, {{ f ~4 f ~ . s ~ i k it 7777 1 :i L i F _ ~ ~ ., p t ~ ~ i f t. ~' I i i ~ ti ~ ~ ~ s ~ ( .4 yy Ri X ~ ~ ~ ? 1~ j ,~ ~} I ~ ~~} ~ ~ i I 1 ~ i$ S ! n ` ; ~ ~ ti~ f t dF !~ ~ ~ ~ ' ~ ~ ti '~ , ~ ~ ~ i ~ ~ I ~'~ ~ ; i } ~ ~ ~ '~ i I ~ ~ ~ y ~ ~ S , ~ K 6 ~ ! i ~ ~~ ~ ~ : i , C C ~ f `~ f ~ { 7 ; i. i i ~ y .1 i ~ ~ j¢ ~ ~ ~ 4 ~, 1 ~ ` ~ iii ~ ; ',~ t .1 ~~ ~ t { ~ t~'~ ~ i ~ ~ , E ~ ~ ~ , f h !- ~ ~ ~ ;~ c ~ ~~ ~ ~ 3 t ~ ~ ~ ~i ~ ~ ~ ~ I' ~ ~ ~ ~ € ~ ~ ~ ~ ~ ~~~ ~ 1 ~ ~ j ~ ~ ~ ~ ~ ~' ~ } ~ E ~ gl i ~ ,~k .` 1 i~ ~ 4 i ~, F ~ 7 ' i , ~ ~ ~ ~ ~ ' 1 j ~ ~ ~ i ~ a ~ 7 ~ ~ ~ ! j ~ I f ~ ~ . i ~ ~ i '. ~i A~ ~ 7 k ~~ ~ g9 pp ~ . l j ~ 1 ~ ~ i . e S, ~ i ~ '' .t . • Meridian City Council March 4, 2008 Page 44 of 52 Conditional Use Permit as a drive-thru, a drinking establishment, a gas station, a mortuary, a retail store, and many other things that are provided for within the code. I believe that these uses are inconsistent with the medium densities, single family development that is Strada Bellissima. Given that the property is subject to this application and take their access from within Strada Bellissima Subdivision, and not from Victory or Meridian Roads. The impacts associated with this rezone would be increased traffic, noise, odor, litter, lighting, and many other nuisances associated with a commercial property -- with commercial properties that are unbuffered from residential areas. As you know, the residents of Strada Bellissima are already frustrated with the traffic circulation planning between the developers of Strada Bellissima and the Nazarene Church. The church is funneling nearly all of their incoming and their outgoing traffic through Alfoni Way to access the signalized intersection of Victory and Meridian Roads. By opening the door to a more intensive land use on the subject parcels, you would be making the traffic on Alfoni Way insufferable. The street was not designed to be an urban collector and the residents residing on it certainly don't want it to function as such. With that being said, I respectfully request your denial of this rezone application. In addition, I would like to request that the Council deny any future reconsiderations of this application. The time that the residents have put into neighborhood meetings, collaboration of responses, and attendance at Planning and Zoning and City Council meetings, has been a burden that we would like to know has come to an end tonight. Thank you for consideration. De Weerd: Thank you. Kelly Steves signed up against. Tim Olsen signed up against. Olsen: My name is Jim Olsen. 3024 South Alfoni Way. An inordinate -- I shouldn't say that. A considerable amount of time was spent this evening addressing safety issues in the previous parcel out on the north side of town and the majority of the comments centered on the safety of the children. Within a couple of houses of the intersection of Alfoni Way and Orso there are over 20 toddlers and by that I mean less than middle school age. The volume of traffic going through those streets, either as a quick cut through to get to Bear Creek or to get down to the commercial areas at the south end right off of Victory Road, seems to increase almost exponentially as we continue. There is considerable construction currently right on. Meridian Road with the development of the commercial and properly zoned professional buildings in the L-O area. We expect that -- the construction clutter to decrease as those buildings are completed, but we are concerned as a neighborhood, as Mr. Kunzweiler has articulated, that a continuing influx of clients and customers of a more liberally zoned south end of our street is going to do nothing but exacerbate an existing condition and we are critically concerned. I moved to this neighborhood from out of state. We were within an eyelash of closing on three other properties and we closed in this particular area specifically because we fell in love with it and that feeling has been articulated by several of our neighbors where we could have settled elsewhere, but we settled here. The point I wanted to make is the community that I moved from was, in many respects, like Meridian, although it was • Meridian City Council March 4, 2008 Page 45 of 52 more populated, and time and time again -- I lived in my previous home for over 20 years, which is very uncommon. In that community there were traffic patterns, there were concerns expressed, there were hazards noted, but nothing happened until there was fatality or multiple fatalities or debilitating injuries. I think it is incumbent upon us as a community and a neighborhood, if we are going to devote the amount of attention that we have earlier this evening to the safety of our children, that that should be a universal consideration and not a differentiated consideration. Thank you for your opportunity -- this opportunity to express myself. De Weerd: Thank you. Nathan Gardiner. Gardiner. Gardiner: Gardiner: De Weerd: Well, that was easier than I made it out to be, uh? Signed up against. Gardiner: All right. Madam Mayor and Council Members, my name is Nathan Gardiner. I live at 3041 South Alfoni Way in Meridian, Idaho. De Weerd: Thank you. Gardiner: I am against the proposed change in zoning for Lots 2 and 3, Block 2, Strada Bellissima No. 1 Subdivision, for the following reasons: First, the proposed change will negatively impact the safety of residents of Strada Bellissima, especially the children. As has been mentioned, there is over 20 small children that live on Alfoni Way. The traffic has already become a safety hazard and changing the zoning will just make it worse. There will be more traffic not only during the day, but in the evening as well, and during the summer when the days are longer, children can be seen riding their bikes in Strada Bellissima at 10:00 p.m. Number two. The proposed change will increase noise, litter and perhaps obnoxious smells in Strada Bellissima. What is being proposed is a higher intense use. At the hearing on December 18th of last year it was recognized that a C-N zone is for a higher intense use than the L-O zone. With that higher intense use comes increased traffic, noise, and litter. And depending on the use, it can increase'smells, such as those from fried grease or fuels that can blow through the subdivision. And it was quoted in the hearing on December 18th from the pre- application notes, quote: C-N is higher intense use and there will be nothing to buffer residential from commercial. End quote. Number three. The proposed changes, contrary to the normal expectations created by a planned development. A planned development like Strada Bellissima creates a certain expectation in people that are intended to get them to invest or buy into the development. Those expectations are created by land use designations and zonings, as well as the subdivision covenants and restrictions. For example, if you lived in a planned development, you don't expect your neighbor to be able to turn his home into a restaurant or dollar store. Associated with those expectations is a reasonable degree of certainty that the rules won't change after Meridian City Council March 4, 2008 Page 46 of 52 you have made a substantial investment in your property. Yet that is what the proposed change would allow. And if the developer of Strada Bellissima wanted different zoning or land use designations, he should have made those changes before he started selling lots. Number four. The proposed change will make homes less marketable and decrease property values within Strada Bellissima. My wife and I bought our home on South Alfoni Way about a year ago. All of the homes in Strada Bellissima are expensive homes and it was a significant investment for us. Before we bought our home my wife called to see what the zoning was. She was told it was zoned L-O or light office along Meridian and Victory Roads. We would not have moved -- we would not have bought our home if it were zoned for higher intense uses. And I have heard others in the subdivision say the same thing. If the proposed change in zoning was made that it will make our home less marketable and decrease its value. And, finally, the proposed change is intended to benefit one entity, the developer, at the expense of the homeowners within Strada Bellissima. The only reason given at the hearing by the developer's representative on December 18th of last year for the proposed change in land use designation and zoning was to provide the developer with some different uses for marketing possibilities However, as mentioned earlier, the proposed changes intended to provide the developer with marketing possibilities will decrease the marketability of my home and others within Strada Bellissima. And for these reasons I respectfully request that you reject the proposed change as you unanimously did on December 18th of last year. And I will give this to you. De Weerd: Thank you. Paul Morgan signed up against. Okay. Kari Shepherd signed up against. Shepherd: That's my son Carl. De Weerd: Carl. Shepherd: You called my name earlier. Lori Shepherd. And I -- De Weerd: If you will state your address as well. Shepherd: 2834 Garibaldi in Meridian, Idaho. De Weerd: Thank you. Shepherd: And I moved in and Garibaldi was a cul-de-sac and I didn't know that it was going to change. After Garibaldi went through, not only do we have people going 50 down the road, which is unsafe for kids, after that went through, which I know that this would not have happened if it would have been a quiet cul-de-sac. We were targeted and our house was just almost ruined. Somebody toilet papered it, but, then, they went on to make sure that you couldn't wash it off without ruining all the landscaping and they Meridian City Council March 4, 2008 Page 47 of 52 put it on -- wet on the windows, on the door, with sticky stuff, which ruined our paint. They defecated on the toilet paper on our lawn. They put red stuff on my neighbor's and my mailboxes that smelled like -- just a really bad smell that we couldn't get off. And that would not have happened if it would have been a nice quiet cul-de-sac. And if you let more traffic in, it's going to get worse and I'm really against that. Thank you. De Weerd: Stacy Morgan signed up against. Tracy Reidell signed up against. And Dan also sign up against. And Shannon Gardiner signed up against. Now, those are the names that are signed up on this document. Is there anyone else who would like to provide public testimony on this application? Council, before I ask the applicant if he has wrap-up remarks, do you have any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to summarize and respond. Evans: I would like to note that the -- De Weerd: If you will, please, state your name for the record. Evans: Richard Evans. De Weerd: Thank you. Evans: Do you want my address? De Weerd: We have that. Thank you. Evans: Okay. The construction they are speaking of on Meridian Road is being done in an easement that I gave to the city for a sewer main. So, I'm not involved with that construction. I don't toilet paper homes. I don't live in Orso or on the -- in Bear Creek. The road system was put in per ACRD requirements and recommendations. So, a lot of these complaints that we are hearing about tonight are typical development procedure items that are done in every subdivision. I don't believe that people pull in off of Meridian Road and drive down Alfoni to go to the dental office on the corner of Victory and Meridian. So, the traffic that's being generated on South Alfoni is not coming from the L-O zoning. It's not doing it. There is a dentist and a chiropractor in there currently and they don't generate the kind of traffic these people are talking about. Those are the only two businesses that are open. Last Monday we opened up a medical center on Lot 6 and I think they get about six cars a day now. So, the traffic they are talking about is not from the L-O zoning, it's coming from the church. It's coming from neighbors in Bear 3 ~ ~ 1 f ~~ { ; ~ i= t i ~ $ I ' ~ p s ` ~, i 1 ~ ~ ~ ~ ~ ~ . 4 i i; 'r ~l ~~ j ~ ~~ ~ S 1 ~ ' r ! ~ l ; b t { i ~ a I f~ ~ I n '+ I ~ ,~ r a ~ 'i t ~ ~ , t t i I ~ i 4 x i I~ , ;'~ 1 . ~ ~ ~ i. ' $ ' ~ ` I ~ r, a ~ ` I ~ i ~ ~ ' ~ c ~ ~ i ~ ~:~~ { { I s '~ pj' i ~ t r .t ~~ ~ E ~ 3 ~~ ,~ 1 ~ + ~ ~ ,~.. ,~ _ I .'iy ~ ~ ;.$ i ' ~ . ~ ~ l :i I ;~ ~ ,; I + . " ~ R i i , 1 }~ ~ '~ I ~ ~ i l' ~ - ~ , .". F f ~ E Meridian City Council March 4, 2008 Page 48 of 52 Creek, in the R-8 area to the north there, the high density area, that was always designed by ACHD, that cul-de-sac was always there. That traffic's going to go through the subdivision with or without a zoning change in the L-O area. Any questions? Thank you for your consideration. De Weerd: Council, any questions? Rountree: No. Bird: I have none. De Weerd: Okay. Thank you. Evans: Thank you. De Weerd: Okay. Council, there is no further public testimony. The applicant has concluded his remarks. Is there any further information needed or comments? If not -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on Item 17. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Rountree: Madam Mayor, we reconsidered this particular application from a previous decision based on information that we might hear something different. I didn't hear anything different tonight. So, I'm inclined to reafFrm our previous decision, at least that's my position. I don't know about the rest of the Council. Bird: Madam Mayor? De Weerd: Mr. Bird. f i (' i 1 j'. ~> &i ~, ~; P'i ls tI ~. ~, 1 i~ ~ _, i t '_~ ~: ~~ Il t ii '. • Meridian City Council March 4, 2008 Page 49 of 52 Bird: I couldn't agree more. I haven't heard any -- the reason we considered it was the applicant had new things. I believe it needs to stay L-O and that's what we decided before and I'm not -- I haven't seen anything to change my mind. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would join in that thought and also the thought proposed by a couple of people testifying that no ought to mean no and be the end of it. Unfortunately, in our system of democracy no often means try again. And we do try and listen with an open mind, but I agree with the other councilmen, I have not heard anything that changes my mind from the previous. Unless Councilman Borton would like to say something, I'm prepared to make a motion. Borton: Fire away. Nary: Madam Mayor? Zaremba: Madam Mayor, I -- De Weerd: Mr. Zaremba, hold on for a moment. Zaremba: I'm sorry. De Weerd: Mr. Nary,. Nary: Madam Mayor, Members of the Council, maybe prior to you making your motion, the applicant's request for reconsideration was based on their belief at the time when the original decision was made that the focus of the discussion and the testimony was based on traffic related to the church and the use of the Nazarene property as relation to those streets, Galvoni and South Alfoni Way. Most of the testimony tonight has been related to this parcel and the traffic related to those streets for this parcel and not to the church. If that's the Council's decision that that's your reason, then, maybe you would include that in the motion, that it is based on this parcel. And so it's clear to both the applicant, as well as anyone else who reads the record, that that's the basis for your decision and it's not based on something else as he perceived previously. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. E ~ ^ i ~~ ~ s ~~ ~ 3 j ~ r j E ~ i kk ~ i ~ ~ w 'r ~ ~ ~ ` d ; ~ S ~ t i . ~ ~ r ~ : {~ ~ ~ j ~ ; ~ 1 ~ ~ ~ ~ ~ ?/ . fl d ~ ~ ~ ~ 3 i ' i E ~ ~ ~ ` ~ ~ ~ j ' i. ~ i ft ~ e ~ jj i ` I 4 i a ~ l ! f u is ~, i r : , f p t ~ I ~ ~~t ~ i ppp S i ~ 9 I _ ~~ tt ~ S ~ ~ y ~ R ~ ~ ~ 1 ~ ~ ~ '~ { ~ j i i q ~ i '. i .~ ~ ~ 3 ~' ~ ~ t{ ~ s{ ~ ~ ~' i ~~ i 1 ~ ~ ; ~ ' .F ~ { ~ i ~ i i i ~d ( ~ w ~ ~ ~ 1 } ~ 3 3 ~ i ~ ,~ i ' ~ f' , '' I ~ ~ I. ~ t ~ ~ ~ ~ i , b 1 ® • Meridian City Council March 4, 2008 Page 50 of 52 Zaremba: I move that we deny RZ 07-013, based on staff and applicant and public testimony and specifically relating to only this project and reaffirming that the proper use of this buffer zone is as an L-O use and its intent to buffer residential from the busy Meridian Road and that it would be improper, regardless of whether there was a church north of this or not, to increase the intensity of use on this property. So, my motion is to deny RZ 07-013. Rountree: Second. De Weerd: Okay. I have a motion and a second to deny Item No. 17. Is there any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 18: Ordinance No. 08-1352 IZZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Proaerty by Linda Loehr - 532 East Broadway Avenue: De Weerd: Item 18 is Ordinance No. 08-1352. Madam Clerk, will you, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 08-1352, an ordinance finding that Linda Loher, the owner of certain real property has made a written request for a rezone of the zoning classification RZ 07-015, 6th and Broadway, for real property being Lots 19 and 20 of Ellis Subdivision, as recorded in the Plat Book 2 at page 63, official records of Ada County, Idaho, also being a portion of and situated in the northeast one quarter of the southwest one quarter of Section 7, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said land from R-8, Medium Density Residential District, to OT, Old Town District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Madam Clerk. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none -- t f ! ~ ~ ~ ;4 i t~ ~ ~ ~ ,~ t ~ ,~ ~ ~ ~ i } .J 1 ' ( ! ~ k ~ !! a i i •L t ~ ~ i ~ i ~ ~ 1 ~, , t ~ i ~ ~ ~ ~ ~~ , ~ ~ ~ ) 5 { ~ ( ~ / /y4 ~ :~ i ~• ~ J'~I 3, ' ~ ~ I { ' r ~ ~ ? ?~ ~ ;~ ~ , ~ , ~ ,s ~ , aq ~ f 4 =~ ~ ~~ i ' 't s w r ,~ ~ `~ ~ ~ i i f~ N E ~ "~ i.. ~ , , , ~ i _ t ~~ 7 3~ ~€ { i ~+; ~ . ~ { . ~ i . 4 ~.~ r ' ~ t x~. ~, i i i ~~ ~ I~ E S ~ ~ i I. . { ± . s ~ j '~ f • Meridian City Council March 4, 2008 Page 51 of 52 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve ordinance 08-1532, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 18. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 19: Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student) & (f~ (to consider and advise its legal representatives in pending litigation): De Weerd: Item 19 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b) and (1)(~• Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: ' y~ t! ~ ~ t 1 ~ ~ f { F $t ~ _ i I I j ` 3 ~ 4 ,i( t ~ I 9 ~ ~ 'I ~ j ( E ~ ` ~ ~~ r ,i y i L 7 ! :N i i I ~ bbbl S ~ I, ~ ' 3 ~I. '~ i S J k I ~ t t •i t ~~ I ' ~ 4 ''~ { i ~~ ~ F 5 . 3 r _. ~ t i, z i~~ . ~ 6 ii ~~ }} ~ ~ ( 'i ? ~ ~ i ~ j ! ` i {_ Y ~ ~ ~ € { ~ ~ ~ ~ ~ ;I , ^ ~ i § I , z I ~ ~ ~ a ,~ ~ `- f t s ~ ~ ~ ~ , F ~ F , t ~ ,~ I ~~ ''3 i ~ ~ ~ ~ ` '~ ~ ~ ~ ' 3 f' i ~ ~ ~ s :~ T x ~~ 3 S ~ '+ ~ ~ ~ ~~~ s I¢ G ~ r ~~ ?~ ~ ~ ~ ~ ~ ~f ~ ~ ~ ~ ~ ~ n ~s i ~ , z ° ' ~ ' .r ii ~ 1 ~ ' e "t e s ~ ~ ~~ r r l I ~ r ~ ~~ S -x. I .s ~ o Meridian City Council March 4, 2008 Page 52 of 52 De Weerd: Okay, I would entertain a motion to come out of Executive Session. Rountree: So moved. Borton: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Motion to adjourn? Rountree: So moved. Zaremba: Second. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TA Y De WEERD DATE APPROVEDA`~~~„--nu-u~~r~~~~ ATTESTED: JAYCE L. HOLMAN, QTY CLE ~~ ~ ~ :.~ ~~ ~ I t ~ ~ ~ :~ t l ~~ ~ ~ ~~ i 1 ~ ~, ~ 1 i j ~ r 3. ~ ~ E ~ ~ ~ ~ ~ I I `~, 1 ! ~ ~~ .~ ~ .~ p r i ~ R 1 - ~ }} 1 ~1 I ~ ~ ~. 9C ~ ~ P~ ~ f ~~ ~~ ,1 ~, ; . .1 1 } 3 ~ t 1 I ~ ~ ? ~ ~ , I i E i ~ 2 ~ E , t t ~ '.{ ~ f ~ c i ~ ~ ; f ~ } "~ ~ ~ ' ~ ~ t s _ ~ ~ ~ ~ ~ I ~ . t I I ~ ~ ~ ~ ,j ~ $ ~ ~, ; ~ ~~ ~{ i ~ ~ E5i j ~ ~ f E 1 e ~~~ R~~ I~o-h ce- ~o~nKS ! ~~~~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 4, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 22, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: VAR 07-017 Request for a Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right- in /right-out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: Meridian City Council Meeting Agenda -March 4, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development -1235 East McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 07- 017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development -1235 East McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 07- 011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: G. Resolution No. CPA 07-002 Request to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and '/2 mile east of Linder Road south to '/2 mile south of Columbia Road, east to '/ mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Department: H. Resolution No. :CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include Meridian City Council Meeting Agenda -March 4, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • o residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area by City of Meridian Planning Department: I. Resolution No. :CPA 07-013 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to change four nodes with land use designations of Light Industrial to Commercial, two nodes from Commercial to Light Industrial and one .node from Light Industrial to Public /Quasi Public for a future school site. The amendments are intended to bring the City's Future Land Use Map into conformance with the City's Zoning Map. An additional request is to remove the Urban Service Planning Area (USPA) designation from the map legend and replace it with the Area of City Impact (AOCI) Boundary by the City of Meridian Planning Department -two parcels north of Northwest 10~" Place and west of Taylor Street; north of East Franklin Road and east of Taylor Street; two parcels north of East Overland Road and east of South Teare Avenue; east of South Locust Grove and north of East Overland Road; two parcels northwest comer of North Eagle Road and East Lanark Street; six parcels west of North Eagle Road and north of East Florence Street; three parcels west of North Eagle Road and south of East Florence Street; Paddington and Elliott Park Subdivisions south of East Wilson Lane and east of North Locust Grove Road: 6. Department Reports: A. Mayors Office 1. Proclamation for Mountain View High School Wrestling Team Day: 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from February 19, 2008: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: 9. Continued Public Hearing from February 19, 2008: PP 07-024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: Meridian City Council Meeting Agenda -March 4, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ 1 ~ { t ~ ~ ~ ! ~ j~ ~ ~ F ~ r; ~; ' ~~ ~ ' ; t ~: ~ S I s . ,~ (j jj ~ ~ 5 i i i t ~ t ~ ~~ ~ ~ ~ ~ ~ ~ ~ F ' I l ~~' - s ~ 4 ~ k p ~ I } i . , F f ' ~ _ ~ ~, ~ - ~ ; ~ K i j ~ [ ~ i ~~s 6 ~ ~ ~ i f e ' 4 ~ i ~ ~ ~ ~~ f ~ I ~ r~ F ~ ~ C a ~ ~ ~~ ~ ~ ~ ~ ~~~ ~ € ~ ~~ ~ ` ~ ~ s ~ e i. ~ i ~ 1 R ' 3 ~ I l E : i s; i i ;~ x, { ~! ; i t I ~ ~ ~y ~ F , Eif ~ ~. ~ ~jI 1/r ~ ~ } t' t ~ A I ' , • • 10. Public Hearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Temporary Use UDC Text Amendment by the Meridian City Planning Department: Request to be Continued to March 11, 2008 Meeting 11. Public Hearing: SHP 08-001 Request for a Short Plat to create 4 building lots on 2 acres in a C-G zone for Destination Place Subdivision No. 2 by Boise Valley Commons, LLC - 2295 East Cinema Drive: 12. Public Hearing: SHP 08-002 Request for Short Plat approval for 4 commercial condominium units in an existing building in an L-O zone for Medical Millennium Condominium by The Land Group, LLC - 1828 South Millennium Way: 13. Public Hearing: RZ 07-021 Request for a Rezone of 27.89 acres from R- 4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast comer of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 - Southeast Comer of North Locust Grove Road and East Leigh Field Drive: 14. Public Hearing: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 - Southeast Comer of North Locust Grove Road and East Leigh Field Drive: 15. Public Hearing: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: 16. Public Hearing: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: 17. Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L-O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC - NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): 18. Ordinance No. RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for Meridian City Council Meeting Agenda -March 4, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. o ® O 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: 19. Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Meridian City Council Meeting Agenda -March 4, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. S ~ h ~ t, ~ ~ I ~ t ~ ~ ~~ I ~ 1 ~ ~ ~1 iu ~ ! 1 f ~ s ~ c - ~ r ~ f ~ r t ~ r EtA `~;; I ~ ~ ttt Si ~~ ~ r it ~ tq ; 4 ~ :I f a, ~ ~ j 7~ J i ~ ; q ~ t 3 ~ ~ ~ i - ; ~ ~ )~ i j± i ~ k ~{ I ~ ` ' ~ + Z ~ y r { 1 ` i ~ ~ ~] 1 ~ ! i ~ ~ x f~~ i ~ r ~ ,! ~ ~ d:_ ~ I ~ S ~ ~ ~ 'C~ ~ 5 } ~ ~ ~t ' ~ 't~ ~ ~ ~ ~~ ~ ~ 1 ~ ~ t E. r i ~ CC T r~ SS ~ x ~ -~ ~ ' s {t ~ ~ a ~ J , . :~ F, ~-' ~ _ ~~ I ~ I ` 1 ' I ~~ e t~ ~ i ~ ~ #' ~' 1 ~ ~ i ~ ~ 1 C ~1 ~ ~ z a ?~ ~ ~ { ,~, ~' ~ rx , ~ ~ ~ ~ ~ ~ r i ;~ j yy ; ,~ ~~ i i ~ • February 29, 2008 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT ITEM NO. Jr-~ REQUEST Approve Minutes of January 22, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: p CITY WATER DEPT: , YV CITY SEWER DEPT: ~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY ,v CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emaifed: Staff Initials: Matedais presented at public meetings shall become property of the City of Meridian. ~ ~ ~ _~ ~ ~ ~ € ~ t ~ ~ E ~ ~ - t i r ~ ~ t ~ ~~ ~ . 3 ~ f ~ { F ~E I t~ ~ t ~ + ~ F {! k k h e ! ~ ; ~ ~ EE ~ _I ~ ~ I F { !{ y ~ j ti ~ $ ~ 1 ~ ~ ~ i ~ j ~ ~ ~ . ~ ~~ ~ ~ ~ 9 . I t ' ~ I ~ ~ ° ~ { ~ ~ f ~ ~ ~ ~. ' ~ y d j ° I~ i i :~ iii } 1 ~ €p€p i I _ ~ 1 3 ~ ~ , ~ ~ ~~ ~~~ ~ ~ I ~ ~ ~r ~ ~ i q 1 ~ I F ~ - 1 lj I' z ' ~ yj ~ ~ f j ~ F ~ Y~ . ~, p ~ I. I ~~ i ( { k ~ _ { ~ ~ ~~ 9 r ~ p ! S F j 6 ( l ~ ~ ~ ~ ~n' ~ ~ ~ ~ I fill i ~ - yy i r l P E I r F t G ~ fat ~ ~ € ` ~ 1 ~ ~ ? i. x ~l f ~' ? I~~ ~ ~ ' ` February 29, 2008 VAR 07-017 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT CenterCal Properties, LLC ITEM NO. 5-B REQUEST Findings for Approval -Request for a Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state hwy to allow 3-right-in/out access points on both sides of SH 55/Eagle Rd on the east of SH 55/Eagle for Meridian Town Center - NWC of Eagle Fairview AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials presented at See attached findings r ~~~' ~~~ Date: ~ ~ 08 Phone: ,~~~ ~ ~~~~ 9~-S off Initials: ,~ shop become property of tine City of Meridian. C C ~ Y ~ 4 ~ ~- 3 E I~t ` ~ 1 j ~ 4 1 ~ . [tF ~ t f ~ - ' ` . 4 ~ ~ ~ ~ ~~ ~ ~ ~ i i t i t E '` ~ a E ~- {; ~ t~ 11 i ~ ; ~ ~ r, ~ ~ ~ii ~. ~ t a k i ~ f S ~ ' ~ ' W ~, ~ # i ~, ~ ~ i ~ Yi Y E p ~ ~ ; ` lk ~ ~. ~ ~ ~ ~ , ~ ~ ~ ~ ~ { s ~ # y ~t ! sp. ~ 6€ ~ f ~ s- } 4 i a 0 ~ ~ ~ ~- [.' E ~ f s_ ~ ~ 1 ; ~ I~ ~~, ~t ~i ~ ' ~ t ~ I ~ j , i ~ ; L ~ ~ ` ~ ' ~ 1 f ~1 { f ~ ~ f ~ ~ ~ f t It " s ~ ? ; ; ((( f g _ ~ GGG~ ~ 7 + _ I i ¢ c' C ~ ' 7 F ~ ` f ! < < ~ C ~ 1 ' i f{ ~ ~' ~rt ~ ` E ' k ~ ~ }; ; ~ + ,~ £~ ~ ( ~ ~ C ~ ~ ~ ~ t ~ ' r !!!! 7 f ~ ~ f i ~ ~ i ~: ~ ~ ~ ~~ ~ ~ ~ x FED 2 ~ 20f~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 4tECFZVE City ®f Meradban City Clerk ®~ce E IDIAN In the matter of the request for a Variance to UDC 11-3H-4, which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- in/right-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and 2 right-in/right-out/left-in access points (one on each side of SH 55), for Meridian Town Center by CenterCal Properties, LLC. Case No(s). VAR-07-017 For the City Council Hearing Date of: January 8, and February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-017 -1- • o 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the provisions listed in Section 10 and the findings listed in Exhibit D of the Staff Report for the hearing date of January 8, 2008, incorporated by reference. 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 Variance request is hereby approved by the City with the clarification that the Council supports ITD's eventual decision with regard to appropriate access points. D. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-017 -2- By action of the City Council at its regular meeting held on the ~ day of ~ _ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED h,( 1~..._ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) /~ `\'1,,,1,1 ~lor ~T~ Attest: ~~° ~'~~ ~a a A VOTED VOTED VOTED de Weerd ® ~_ e SJ Jaycee olman, City Clerl ~~ ~ \g\ Copy served upon Applicant, Tif'ei~~D~~hnent, Public Works Department and City ~s11I111 INt111 Dated: ~'ti2'®Y CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-017 -3- I ~ ~~ ' i jai ~ s ` ; 4 ~ f i , ~ t 2 [ ~ ~ ~. ~ ~ ' E ~ ~ ~ I i - z ~ D ~ ~ ~ ~l I f~ ~ ~ I i '~ ~ ' ~ f ~ ~ ~~ ~ ' ' ~ gg 1 ; ~ ~ p ` ~, ~ ~ €~ ~ ~ ~ - y t i 4 1 f ~ ~ ~ ~ ~ ` ' ~ ~~ ~ ~ c i ~ i ~ ti .~ s ~` ~ ~ ~ ! ~ 1 ~~ {I~l ~ ~ ~~ f b F 3 ~ i ~ F 1 . ~ 1 ~ ' i' 1 ~~ . ~ ~ ~ ~ ~ ~ ~ ~ i ~ ! f ~~ - ~~ ~ ~ ~~i P ~ ~ R $ # ' ~ i ' i ~'. ~ ¢ ; ~' 11 =. 6 i ~ !~ t ~ fig i ~ f ~ & ~ ~ 1 ~ :: 4 ~ ~ j ~ :: • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT HEARING DATE: January 8, 2008 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: Meridian Town Center • AZ-07-012 E IDIAN~=-- IAFi Annexation and Zoning of 258.39 acres from the RUT & R6 (Ada County) zoning districts to the C-G (General Retail and Service Commercial) zoning district. • VAR-07-017 Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- in/right-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and 2 right-in/right-out/1eft-in access points (one on each side of SH 55). 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, CenterCal Properties, LLC, has applied for Annexation and Zoning of 258.39 acres from RUT and R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. (This is the annexation area, the actual property is approximately 244 acres.) A Variance is also requested to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section line roads and the half mile between section line roads. The Applicant is requesting approval for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately 1/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately 'h mile north of Fairview Avenue (River Valley Street); a Variance is not necessary for this access point as it is located at the half mile mark between section line roads as allowed by UDC 11-3H-4B2b. The Applicant has submitted a conceptual development plan (attached as Exhibit A.2) that shows how this property may develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail area (retail, anchors, shops, & pads); 897,300 square feet of office area; and 354,850 square feet of residential area. The plan also shows access points to/from SH 55/Eagle Road and E. Fairview Avenue, the extension of Records Road through this site, the extension of E. River Valley Street from SH 55 to Records Road, and driveway connections into the site from Venture Street at the east boundary. The subject properties are located on the northeast and northwest comers of N. Eagle Road and E. Fairview Avenue. The properties consist of three parcels in Ada County. The site consists of vacant undeveloped land that is currently being used as a turf farm. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. After the original concept plan was transmitted to agencies, the Applicant submitted a revised concept plan (dated September 27, 2007, included as Exhibit A.6), which added floors to proposed Meridian Town Center AZ-07-012 & VAR-07-017 PAGE1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF JANUARY 8, 2008 structures but did not change the layout of the structures. These changes are documented in a memo attached as Exhibit A.8. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ-07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Commission is not required to make a recommendation on the Variance application. NOTE TO COMMISSION/COUNCIL REGARDING FUTURE OWNERSHIP AND CONCEPT PLAN This is a large project with many development details yet to be resolved (e.g., Eagle Road improvements and access, exact building locations and uses, elevations, traffic impacts, timing of improvements, etc.). As you know, on large projects it is often difficult for the developer to plan for the full development of the site. You will note as you review this application that we have a fair amount of detail regarding the development at the northeast corner of the Fairview/Eagle intersection, but we have less detail in other areas. The level of detail in the concept plan is related to the future ownership of the property. Currently the property is held in common ownership between Eugene and Walter Kleiner. The applicant for the project is CenterCal properties. Eugene Kleiner will retain ownership of the 60 acres at the north east corner of the annexation site. His intent is to develop the property as a park and dedicate it to the City. The plans for the park site are still being developed and we have no details at this time. With regard to the northeast corner of Fairview/Eagle intersection, this property is under contract by CenterCal and will be the first area to develop. As noted previously, we have a fair amount of detail and certainty regarding the concept plan for this area. The remainder of the property will beheld by the Walter Kleiner family. Some of the property may be developed by CenterCal, but it maybe just as likely developed by another group. This being the case, the applicant has requested that Staff prepare the report by analyzing the property in three sub-areas related to such future ownership. Staff has provided unifying concepts for all three sub-areas, provided detailed recommendations on access, and proposed asquare-footage limit for the proposed office, retail and residential uses on the subject site. However, many of the other Development Agreement (DA) provisions Staff would typically include in a staff report for an annexation only request are not included herein (e.g., elevations). Staff recognizes that the market trends over time will affect how this property is developed and flexibility is necessary given the size of the development. Staff has prepared a staff report that we believe provides adequate assurances that this property will develop in a manner that is in the best interest of the City. Staff recommends that the Commission and Council include any additional DA provisions that maybe appropriate. The Meridian Planning & Zoning Commission heard the AZ reauest on November 15, 2007. At the public hearing they moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Ashley Ford, WRG Design (Applicant's Representative); Jean Paul Wardy, CenterCal Properties (Applicant); Andy Wilk, CenterCal Properties (Applicant); Lars Anderson, Bach Builders; Chris Brand, Petra Inc.; Michael Ballantyne (representing the Kleiner'sl ii. In opposition: None Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 2 CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARIN~ TE OF JANUARY 8, 2008 iii. Commenting: Victor Villegas (representing Blue Cross of Idaho); Scott Stanfield, Mason Stanfield Engineering (representing Bach Builders) iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna Canning b. Kev Issue(s) of Discussion by Commission: i. Pedestrian and vehicular traffic between the sites across Eagle Road; ii. The extension of Records Road from Fairview Avenue north to River Valley Road and the extension of River Valley Road from Eagle Road east to Records Road; c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. The owner of the parcel west of Eagle Road questions the need for three pedestrian systems (the multi-use pathway along Eagle Road, the multi-use pathway along the west property boundary, and the sidewalk associated with the public/private street through the center of the site) on the property. Meridian Town Center AZ-07-012 & VAR-07-017 PAGES • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 i. Council g ranted a~.proval of the VAR reauest with the clarification that the C".nuncil s upnorts ITD's eventual decision with reward to annronriate access 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07- 012 & VAR-07-017 as presented in the staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-012 & VAR-07-017 as presented during the hearing on January 8, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 07-012 & VAR-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject properties are generally located on the northwest and northeast corners of SH 55/N. Eagle Road and E. Fairview Avenue, in the southeast % of Section 5, Township 3 North, Range 1 West and the southwest % of Section 4, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: S1105449011; 51104346603; and 51104438800 Although there are only three tax parcels (one on the west and two on the east), the applicant has submitted documentation from Ada County Development Services that there are four legal properties associated with the annexation (one on the west and three on the east). We have attached this documentation as an exhibit in the staff report. b. Owner: Walter Herman Kleiner and Elizabeth Kleiner 1795 N. Eagle Road/3600 E. Fairview Avenue Meridian, Idaho 83642 c. Applicant: CenterCal Properties, LLC 7455 S.W. Bridgeport Road, Ste. 205 Tigard, Oregon 97224 d. Representative: Ashley Ford, WRG Design, Inc. (Applicant's Representative) e. Present Zoning: RUT & R6 (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: The proposed Meridian Town Center project will make the rapidly growing community of Meridian a new `center-of-gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately 2.5 million square feet of Meridian Town Center AZ-07-012 & VAR-07-017 PAGE4 ~ ~ ~1 # ~ P .. ( ~t t +~ ~ ( ~ ~ t ` 1 'S ~" ~ ~S~ ~ ~ ~ !' ~ i ~ s~ ~ 4 1 T t i ~ ~ ~ ~ { ' ~ ` I ~ ~ ~ ~ ~ ! ! lf~ ~ b ,~, ~ . ~_ i ' F ~ p r ~ ~ r c „~ y ~ S~S- ~ )~ ~ ~ `l ~ {~ ~~ ~ {~ ~ j ~ [ ~ f i ~~ ~ } !} ~. 1 ~} ~ it Y ~~f ~ ~ f ( ~ C ~ ') ~ ~ , , r( i t ~ ~ ~ ' F '4~ C ! I i ti~ ~ ' ' ' ~ ~ ~S ~ ~ ! ~ , 1 A~ i ~ I _ ~ ' ' ' } ~ '. ~ ~ r y - 4 . CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 retail, entertainment, restaurant, and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest corners of Eagle Road and Fairview Avenue, the development will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90,000 vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Park Trust, Meridian Town Center will be fully integrated with a 60-acre park. (Please see Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17`b, 2007 and October 1St, 2007 (Commission); December 17, 2007 and December 31, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: September 7t", 2007 (Commission); December 14, 2007 (City Council) d. Applicant posted notice on site by: September 21, 2007 (Commission); December 7.2007 (City Council 6. LAND USE a. Existing Land Use(s): The site consists of a couple of homes and several outbuildings. b. Description of Character of Surrounding Area: This site is surrounded by various commercial uses (zoned L-O, C-G, & I-L), a school (River Valley Elementary), and single-family residences. c. Adjacent Land Use and Zoning: 1. North: River Valley Elementary School, zoned R-4; offices (Stokesberry Subdivision), zoned L-O; vacant land and single-family residences, zoned RUT (Ada County); and single-family residences (Redfeather Estates Subdivision), zoned R-4. 2. East: Single-family residential (Clover Meadows Sub. & Venture Sub.), zoned RUT & Rl (Ada County); Bank, zoned C-G. 3. South: Commercial uses (Treasure Valley Business Center & Crossroads Shopping Center), zoned I-L & C-C. 4. West: Church (Capital Christian Center), zoned L-O; and Packard Estates Subdivision, zoned R-4. d. History of Previous Actions: None e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Eagle Road Location of water: N Eagle Road, Venture, Tweedbrook, Fairview and Chateau Drive. Meridian Town Center AZ-07-012 & VAR-07-017 i ~' ~' 1 5' S' ~, j. ( ; t PAGES j ~ ;f ~ ~ I` ~ ~ ~ ~. '` ~ ~ r ~ I ' ~ I '~' C f ; ' ~ S ~ ~ ~ ~ i r i f' ~ S ~ ~ ~ ~ ~ ~ ~ i ) ` I (( ~ ~ ~ r i ! ~ + t ~ ~ t 1 - • CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Issues or concerns: The applicant will be responsible to supply sewer service to E Meadow Wood Drive and Venture Street. 2. Vegetation: Existing trees on the site that should be protected or mitigated for when this site develops. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditches Irrigation: The Downey sub-lateral runs across the northern boundary of this site. The South Slough runs across the northeast corner if the site that is east of SH 55. The Applicant will be responsible for any tiling of ditches that maybe required with development of this site. 5. Hazards: Staff does not know of any natural hazards associated with this property. 6. Proposed Zoning: C-G (General Retail and Service Commercial) 7. Size of Property: 258.39 acres Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately I/z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivitytyith the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. These aforementioned access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACHD and TTI) are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in three Development Agreements. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the 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 ofnon-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 finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JANUARY 8, 2008 - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for a mix of uses on the Comprehensive Plan Future Land Use Map. The applicant has proposed a horizontal mix of uses including park site, retail, office, and residential. The applicant has also proposed some vertical mixed use in the CenterCal portion of the development. Staff believes that over time, a variety ofpublic recreation, commercial, retail, office, and residential uses will be provided on this site. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the property, a minimum 35 foot wide landscaped street buffer will be required along E. Fairview Avenue and N. Eagle Road, classed as principal arterial streets and entryway corridors. Buildings and parking will be set back from these streets at least the width of the required buffers. Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. The applicant is proposing a mix ofpublic recreation, commercial and residential uses. Staff believes that the proposed development is appropriate along the adjoining transportation corridors (Fairview Avenue & Eagle Road). The future residents in this area will have services within walking and biking distance. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, all commercial businesses will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to issuance of Certificate of Occupancy of the proposed building(s) on this site. • Chapter TV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that abut existing residences.Future commercial uses on the property will be required to provide screening and buffering to the existing residences, in accordance with the UDC. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The subject properties are located on the corner of two principal arterial streets on one of the busiest intersections in the State of Idaho. This makes the site an ideal place for a mixed use Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 development. A movie theatre is proposed to be constructed in the first phase of development, which will serve the adjacent neighborhoods as well as draw in a regional customer base. Staff believes that the proposed uses transition to and integrate with the established uses in this area. • 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. The proposed lifestyle center located in the middle of the project is a vertical mixed-use project with retail uses on the bottom floor with office and residential units above. Staff believes that the proposed residential units contribute to the variety of housing opportunities within the City. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use -Regional. As such, this property should offer over 200, 000 square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses and a 60-acre park site. The proposed lifestyle center is envisioned to be a regional commercial destination that may include several housing opportunities. • Chapter VI, Goal II, Objective A, Action 13: Review new developments for appropriate opportunities to connect to local roads and collectors in adjacent developments. Records Road/Alleys Way is a planned collector roadway just north of this site. The proposed development will connect Records Road from Fairview Avenue to River Valley Street and stub records to the north property line to connect up to Ustick Road. The applicant is proposing to access existing local roads to the east, west and north. The following are Mixed Use development standards that serve as general guidelines for development in Mixed Use areas that are applicable to the proposed development: • Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55, or 69. The subject property is located adjacent to SH SS. The proposed development will serve as a major employment center in this area. Multi family dwellings are shown on the concept plan on the eastern portion of this development and also centrally within the development, over shops (vertically integrated).By not restricting the number of allowed dwelling units, we have left open the possibility for additional housing units as can be supported by market demand. • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The Applicant has submitted a conceptual development plan with the subject AZ application showing how the property may develop in the future. Although the project will not necessarily be constructed in true phases, the property will not be developed all at once either. The first portion to be developed will be the CenterCal ownership area located on the east side of SH SS, west of the future Records Road and south of the northernmost access point shown to SH S5, generally south of River Valley Street. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan depicts office buildings on the northwest side of the site arranged around a large common area on the portion of the site that is west of SH SS. On the portion of the site that is east of SH SS, buildings are situated so that they surround a large plaza area. The theatre/shops site along with another building planned for shops/office also appears to include a plaza. • Where the project is developed adjacent to a low or medium density residential use, a transitional use is encouraged. Transitional uses are shown on the concept plan adjacent to low & medium density uses in the form of off ces and multi family residences. Higher intense uses (retail & restaurants) are proposed internally within the development and adjacent to the transportation con-idors. • A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. The proposed mixed use project consists of retail, professional off ce, residential uses, and a 60- acre public park. • All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The concept plan shows vehicular/pedestrian connections from Venture Subdivision to the east and Packard Estates Subdivision via Chateau Drive from the west. There is existing unopened right-of-way into the future park site (northeast corner of the site). The applicant should be required to provide access to the proposed public park from Green Meadow and Meadow Wood Streets. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, fmancial institutions, fuel sales facility, personal & professional services, parks, and other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: Front seffiack in feet 0 Rear seffiack in feet 0 Interior side setback in feet 0 Street landscape buffer in feet Local 10 Collector 20 Arterial 25 Landscape buffer to residential uses in feet "* 25 Matamum buildin hei ht in feet 65 Maximum buildin size without desi n standard 200,000 Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 approval as set forth in 11-3A-19 ins uare feet Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landsca ing re uirements See Cha ter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan desi nation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the UDC required facts and fmdings. The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 258.39 acre site consists of three tax parcels currently in Ada County, zoned RUT & R6 that have not been previously platted. The site currently consists of vacant undeveloped property. The Applicant is proposing to reconfigure the parcels to reflect the future ownership, as depicted in Exhibit A3. As noted previously, although there are only two tax parcels on the east side, the applicant has submitted documentation from Ada County Development Services that there are three legal properties associated with the eastern annexation area. Because the proposed DA provisions are set up to reflect this proposed parcel configuration, it is important that the applicant create these parcels prior to entering into the development agreement negotiations. Therefore, the applicant should prepare and record the necessary legal descriptions and quit claim deeds to accomplish the ownerships as depicted in Exhibit A.3 prior to approval of the annexation ordinance. Although the City will have no approval authority in this matter, we ask that the applicant allow the City to review the legal descriptions prior to recordation for compliance with the proposed DA provisions. Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property as Mixed Use -Regional. The requested C-G zone is generally consistent with the land use designation for this property. Because transitional zoning is not requested with this application, Staff is including a Development Agreement provision that only park, office, and residential uses be allowed along the boundaries of the site that are adjacent to existing residential uses, as shown on the concept plan. Concept Plan: The applicant submitted a conceptual site plan for this site showing how the property is planned to develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail (labeled as retail, anchors, shops, restaurants, & pads); 897,300 square feet of office; 354,850 square feet of residential uses; and, a 60 acre City park site. UPDATE: On 9/27/07, the Applicant submitted a revised concept plan, dated 9/27/07 included as Exhibit A.6; Staff prepared a memo dated IO/10/07, included as Exhibit A.8 that describes the revisions. Staff is including a provision that allows a change of plus or minus 20% of the square footage of any individual retail/office/commercial building or collection of buildings shown on the revised concept plan. Further, residential uses should be developed on the property at a minimum total square footage of that currently shown on the plan, not as a maximum, subject to market demand. If the applicant chooses to remove the residential uses completely, they should get a modification to the DA. Any Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 retail or office use as noted on the plan may include vertically integrated residential as part of the project without modifying the DA. Staff believes that the proposed mix of uses shown on the concept plan complies with the Comprehensive Plan Future Land Use Map designation of Mixed Use -Regional for this site. The plan (attached in Exhibit A.2) shows the property divided in three phases that generally reflect the ownership patterns. It is important to note that although the Applicant has included all of the property to be annexed on the concept plan, the portion of the property owned by Walter Kleiner that encompasses the area shown as DA #2 in Exhibit A.3 will be retained by Mr. Kleiner and maybe developed at a later time by a different developer. For this reason, the Applicant (CenterCal Properties, Inc.) is not able to provide anything more than a rough concept of how this portion of the property depicted as DA #2 in Exhibit A.3 may develop in the future. Because of this, Staff has provided minimal analysis on this side of the project. Included in the proposed DA for this site is a provision that requires a subsequent concept plan be approved by the City Council, prior to construction of any buildings on this side of Eagle Road. The area shown as Phase 1/Phase 2 on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 squaze feet of building area consisting of anchors, shops, pads, office, and residential uses in 29 structures. The largest of these structures consists of 180,000 squaze feet. The buildings in the central portion of this area aze situated so that they surround a large plaza azea. The area where the theatre and shops are proposed also includes a plaza. Staff supports the plaza areas shown on the concept plan as well as the drive aisles with parallel pazking on each side of the aisle as these driveways link the shops together and should lend a unifying feel to this development. A total of 5,065 parking spaces (standazd, on-street, structured) are proposed for this portion of the site. A theatre is proposed within this area that is planned to be one of the first structures built. Residential units are proposed above some of the shops shown near the theatre location. Staff strongly supports the vertically integrated residential/commercial uses shown on the plan. The Applicant has stated that the area shown as DA #3 in Exhibit A.3 (shown on the concept plan as part of Phase 1/Phase 2, excluding the four buildings north of the proposed right-in/right-out driveway to Eagle Road) is more of a detailed concept plan than the other areas shown as Phase 3 (east), Phase 3 (west), or the 60-acre pazk on the concept plan. The portion of the site shown as DA #3 is proposed to be developed first. As such, Staff has spent more time analyzing this portion of the annexation area and has provided more DA provisions for this azea. The area shown as Phase 3 (west) on the concept plan, located on the west side of Eagle Road, consists of 71.99 acres and contains 956,500 square feet of building area consisting of office and retail uses in 22 structures. The largest of these structures is proposed for multi-tenant retail uses and consists of 200,000 square feet broken into six retail stores ranging from 20,000 square feet to 60,000 square feet. Office uses are proposed along the west property boundary adjacent to the existing residences in Packard Estates Subdivision and along the north boundary adjacent to the school property. Staff supports the location of the office uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the south. However, Staff is not supportive of fully segregating the office uses from the retail uses on this site. Structures on the northern portion of the site are arranged around a central common area for a courtyard effect. Staff strongly supports the design of this area, but recommends that some retail and/or residential land uses be added to the northern half of this site. Likewise, Staff recommends that some office and/or residential uses be added to the southern half of the proposed site (currently all the uses are shown as retail). Further, for addressing purposes, Staff recommends that anorth-south, either private or public street be constructed in this area. A total of 3,379 parking spaces aze proposed for this area. The Applicant has stated that the concept Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF JANUARY 8, 2008 plan for this azea is very conceptual in nature as it will be developed at a later date by most likely a different developer. The area shown as Phase 3 (east) on the concept plan, just west of Venture Street, consists of 20.16 acres and contains 332,600 square feet of building area consisting of office and residential uses in 10 structures. Residential and office uses aze proposed along the east property boundary adjacent to existing residential uses in Venture Subdivision. Staff supports the location of the office and residential uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the west. A total of 1,178 parking spaces aze proposed for this area. This azea is also very conceptual in nature as it will also most likely be developed at a later date by a different developer. This azea is included in DA#2 with the azea west of Eagle Road, and the 20 acres south of River Valley Street. A 60-acre pazk, shown at the northeast corner of the site, is proposed to be donated to the community by the Julius M. Kleiner Memorial Pazk Trust. The pazk will serve as a buffer between the commercial development and the adjacent existing residences in Redfeather Estates Subdivision and Clover Meadows Subdivision. A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundazy of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right- of-way should be provided for the construction of a street to link these two streets together or cul-de-sacs should be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, should be vacated. A stub street (N. Tweedbrook Avenue) also exists at the north boundary of the pazk site from Redfeather Estates Subdvision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the pazk site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed pazk donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff has reviewed the overall concept plan and offers the following comments: 1) Staff likes the location of the buildings proposed directly adjacent to the transportation corridors with parking to the rear and sides of the structures; Staff would like to see more structures built in these areas to screen the pazking lots from adjacent streets. 2) Staff likes the design of the buildings around the lazge common azea shown at the northwest corner of the site, west of SH 55. Staff would like to see an amenity like this included in any future concept plan; 3) Staff likes the design of the shops azound the plaza azea shown centrally on the east side of SH 55 and the plaza azea in front of the theatre and shops; the general configuration of the plaza azeas and buildings should not change in these azeas. Amenities such as water features, benches, on-street pazking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the parking shown in front of the lazge multi-tenant retail building along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept should be incorporated into the site/parking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept (provided in DA #3); 5) Staff likes the vertically integrated residential uses proposed above the shops (provided in DA #3); Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 13 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF JANUARY 8, 2008 6) Staff likes that office and residential uses and a park are proposed adjacent to existing residences to the east, west, and north of the site to serve as a transition to more intense commercial uses; these uses shall not change along boundaries adjacent to residential uses (provided in DA's #1, 2, and 3). Staff is including the items discussed in this section, as well as other provisions listed below, in the Development Agreements for this project. Parking Lot Layout: The concept plan depicts building pads and structures located directly adjacent to SH 55/Eagle Road. Staff is in favor of the location of these pads/structures as they allow for buildings to be located close to the street with the majority of the parking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than an expanse of parking. Staff is in favor of the design of the parking area shown in front of the largest retail building along the west boundary of the site, west of SH 55 (see Exhibit A.4 for example). This concept should also be used for parking areas on the east side of SH 55 (see Exhibit A.8). If access points to SH 55 and Fairview Avenue are approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Parking spaces cannot exceed 12 in a row without an internal planter island; the concept plan shall be revised to comply with this requirement. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a highly visible intersection of the City. The importance of this location makes quality design essential. The Applicant has not submitted conceptual building elevations of what the structures on this site may look like. The Applicant shall submit architectural standards for development of the subject property prior to the City Council hearing. An oral and visual presentation should be made by the Applicant at the Commission hearing. Staff believes there are benefits to designing the sites on the east and west sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehicular access, aesthetic elements, amenities, landscaping, etc. that would tie the two sites together. Because the west side of 5H 55/Eagle Road will most likely be developed by a different developer, CenterCal is not able to dictate what standards would be applied to the site design of that parcel. The City, however, would like to see certain landscaping, site design, and architectural standards applied to the parcel on the west side of Eagle Road when it develops through the Development Agreement for that site as follows: the quantity, species of trees, and design of landscaping should generally match/mirror each other; buildings should be constructed adjacent to SH 55/Eagle Road so that a majority of the parking is located to the sides and rear of structures in compliance with entryway corridor design standards. To ensure a minimum design standard, Staff is including a Development Agreement provision in DA #2 for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. If the location of future buildings is not generally consistent with the submitted concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval for a Development Agreement Modification. (Note the internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement to the adjacent sidewalk.) Access: Unified Development Code 11-3H-3B prohibits direct access to state highways except at the section line roads and the half mile mark between section line roads. A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right- out/left-in access points, one on each side of 5H 55/Eagle Road located approximately I/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full Meridian Town Center AZ-07-OI2 & VAR-07-OI7 PAGE I4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF JANUARY 8, 2008 access, signalized intersection on SH 55 located approximately '/i mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to 5H 55. On the portion of the site that is west of Eagle Road, the plan shows 1full-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-outlleft-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-outlleft-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. The Applicant should provide access to the properties to the north from E. River Valley Street. The location of River Valley Street shall not create a "spite strip" between this property and the properties to the north. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITI) and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither TTD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACHD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. A stub street (N. Tweedbrook Avenue) exists at the north boundary of the park site from Redfeather Estates Subdivision. This street should be extended into this site and connected to another public street within the development oY a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed park donation Meridian Town Center AZ-07-012 & VAR-07-017 PAGE I S • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 and believes that it will serve as a great amenity to this development and the community as a whole. Staff does not generally support the configuration of the parking spaces shown in front of buildings that are adjacent to major access driveways. Staff is concerned about traffic flows and safety if vehicles are allowed to back out into oncoming traffic. Staff has included a DA provision that requires the Applicant to demonstrate that there are safe and efficient drive aisles that do not encourage speeding and cut through traffic (provided in DA #3). A cross-access agreement should be required that benefits all businesses within this development. Staff is including Development Agreement provisions as discussed in this section. STAR Legislation: Currently, the Applicant is in negotiations with the Idaho Transportation Department (TTD) to construct capacity improvements on Eagle Road in accordance with the STAR (State Tax Anticipation Revenue) legislation. The STAR legislation went into effect on July 1, 2007 and is a law that provides a new method of financing transportation infrastructure projects on state highways. The law provides a mechanism by which developers of retail commercial complexes provide upfront funds for certain transportation infrastructure improvements and can recoup a portion of the cost from sales and use tax revenue generated by the commercial retail complex. The developer must expend a minimum of $8 million in transportation improvements to qualify for reimbursement under the STAR law. The maximum reimbursable amount of a given project is $35 million. The developer's retail commercial complex must cost a minimum of $4 million. If ITD does not approve of the Applicant's proposal and the Applicant is not able to complete the improvements as proposed, the timeline and construction of the project maybe affected. Staff has not required the applicant use the STAR legislation, but is supportive of the applicant pursuing the improvements to Eagle Road. Any and all sections of Eagle Road that are improved by the Applicant should be done in accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements, drainage facilities, landscaping, medians, and pedestrian-level lighting. If the applicant is not able to make use of the STAR legislation for all the proposed improvements, at a minimum, they should be held responsible for those improvements along the frontage of the properties noted in this annexation request. NOTE: Staff believes that the timing of access and collector road improvements is important in the orderly development of this property. Staff supports the applicant's efforts to include Records Road and River Valley Street in the STAR legislation project. In the event that Records Road and River Valley Street are not constructed under the STAR legislation provisions, staff has added appropriate provisions in the DA agreement for both The Walter Kleiner property (DA #2) and the CenterCal property (DA #3). Staff concern is that both roadways are on the Walter Kleiner property, while the initial development is on the CenterCal property. Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • UDC 11-2B-3 requires a 35-foot wide landscape buffer be constructed along SH 55/Eagle Road and E. Fairview Avenue, both entryway corridors, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide landscape buffer be constructed along both sides of Records Road, a collector roadway, in accordance with the standards in UDC 11-3B-7. Meridian Town Center AZ-07-O12 & VAR-07-017 PAGE 16 CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARIN•ATE OF JANUARY 8, 2008 The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along the west side of Venture Street (and any other local commercial street) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along E. Chateau Drive in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide buffer to be constructed along the south side of E. River Valley Street (north side to be constructed by the adjacent property owner) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • A buffer shall be constructed adjacent to all driveways within the site that are required to be constructed as public/private streets in accordance with the standards listed in UDC 11-3B-7. The width of the buffer shall be determined by the street classification in accordance with UDC 11-2B-3. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 11-3A-19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF JANUARY 8, 2008 e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. (Note: The internal buildings shall not be subject to this requirement.) b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. NOTE: City Staff is currently worlang on new design standards. If additional design standards are adopted at the time of building permit submittal, the Applicant should comply with those adopted standards. The Applicant may submit design guidelines to be included in their DA or in a modified DA. Any such design guidelines included in an approved DA would guide the development of this area. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: Development Agreements (DAs) will be required as part of the annexation of this property. Because there are separate proposed properties and different proposed property owners involved in this development, Staff is requesting that three separate DA's be prepared. As discussed under the "Parcel Configuration" section, staff recommends that the applicant create parcels to reflect the proposed DA boundaries for each ownership prior to approving the annexation ordinance. Each owner shall enter into an agreement with the City of Meridian. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. All of the DA's and annexation ordinances need not be on the same City Council agenda. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 18 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 Development Agreements: Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Specific Provisions for Development Agreement No. l (Park): • Agricultural use inclu in production of crops shall continue to be allowed after annexation as an urban farm use which is a principal permitted use under UDC 11- 4-3-28 and 11-2B-2. • Development of this area shall be for a City Park. The Applicant shall coordinate the design and improvements of this site with the Parks Department and the Parks Commission. The subject park site shall contain approximately 60 acres. The park site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all property owners within 300 feet of the property boundaries. • The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the site for a turnaround. At no time shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. • A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right-of--way shall be provided for the construction of a street to link these two streets together or cul-de-sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, shall be vacated. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject property. • Construct a 20-foot wide landscape buffer along Records Road in accordance with the standards in UDC 11-3B-7. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. • A park is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses; this use shall not change along the boundaries adjacent to residential uses. • There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. • The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 19 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere maybe allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (IOeiner Ownership): Background. The Applicant has shown a concept plan with 3 parcels to be retained by the Walter Kleiner family ("Owner") following the closing of the transactions with Center Cal Properties and The Julius M. Kleiner Memorial Park Trust: 1. Approximately 37 acres east of Eagle Road and north of the proposed CenterCal Properties lifestyle center (the "North Parcel"); 2. Approximately 20 acres north of Fairview Avenue, east of the proposed lifestyle center and Records Avenue, and south of the proposed park (the "East Parcel"); and 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Parcel"). The concept plan for these three parcels is preliminary in nature and is likely to change given that development may not occur for 5 to 10 years or even longer. Owner intends to select a quality developer(s) for these three parcels. The proposed development agreement terms are designed to allow the development of these 3 parcels to respond to future market conditions while assuring that the future development is limited to appropriate uses and executed according to quality standards suitable to this location. Defmition _All references to "Owner" herein include a purchaser or other transferee of the Owner's interest in part or all of the Owner's land (North Parcel, East Parcel, and West Parcel), unless the terms or the context of the agreement suggests otherwise. • Urban Farm: Agricu ltural use, includin ~~roduction of Irons. shall continue to be allowed after annexa tion as an nrhan fa rm nc .= whi h is a n.-in cinal permitted use ender L HD TDC 11-4-3-2 approval. Th 8 and 11-2B-2. e applicant is requi red to cmm~ly with A[ 'l3D and ITD conditions nrinr to rerpi 'n an nroval for anv build ing Hermit on the site . Further. the City will not sign off on anv o ccupancy cards wit hout first receiving AC HD's signature and 1Pn-off All aRplica Hons on t i cite are subiect to ACHD's pr oiect c co meets ~gardl ess of the tw e of application (i a conditional use hermi t, certificate of .o inu com~]it lnce,~.1." 2 1 "No detais related to access to the site_a re annroved with the subject pnlicati on The proposed a ccess locations on the maior arterials should be ann roved by AC RD and 1TD and can not be evaluated unti l a traffic impact stn_dv has bee n completed. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 20 CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 Records Road and River Va11e~Road (east of Eagle Road) Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of--way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley Road from Eagle Road east to Records Road as an ACRD public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. If right-of-wav is not dedicated directly adiacent to the northern p~p~ boundarv~the site, cro -accec ha 1 be provided to the property to the north so that a spite strip is not created_ Construction of River VaLlev Street and Records129ad shall take place with the initial phase of the nroiect. • Zonin~~district and use limitations. The North Parcel, East Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. o Owner is entitled to develop the following uses on the North Parcel, the East Parcel, and the West Parcel, subject to the conditions of this agreement. o Total retail gross floor area, shall be limited to 1,293,700 gross square feet. The uses noted in Exhibit E are allowed as retail uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. o Total office gross floor area, shall be limited to 700,000 gross square feet. The uses noted in Exhibit E are allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. o Uses otherwise allowed in the C-G zone but prohibited by the agreement maybe allowed subject to Council review, approval and modification of agreement. o As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. o Residential units maybe constructed over retail or office buildings/floors (subject to the vertically integrated residential standards of the UDC), in addition to the allowed retail or office square footages, provided the building location does not violate the residential buffer rules provided herein. Exchan eg of Square Footage between Retail and Commercial and Vice-versa. Owner may elect to increase the total allowed office square footage and reduce the total allowed retail square footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 square feet and reduce allowed retail uses by 100,000 square feet. Owner may elect to increase the total allowed retail square footage and reduce the total allowed office square footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 square feet and reduce allowed office uses by 200,000 square feet. • Division of west parcel. The subject property shall be eligible for the short plat process. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 21 CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN• TE OF JANUARY 8, 2008 Certificate of zoning compliance. Owner may apply for a certificate of zoning compliance for development of the North Parcel, East Parcel, West Parcel, or any legally divided portion of such parcels, or for a building or use. The application for the first CZC for the applicable parcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to verify that the applicable terms of this agreement are satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail square footages provided for such parceUlot on the allocation plan (see below, Allocation of retail and office square footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Detailed site plan layout. Owner is not required to develop the North Parcel, East Parcel, West Parcel, or legally divided portion of such parcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, parking lot design, and landscaping design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. Allocation of retail and office square footage. Concurrent with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of the allowed retail and office square footages to the North Parcel, East Parcel, West Parcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall be valid provided the sum of the retail and office square footages allocated to all such parcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a parcel or lot who is affected thereby, may provide the Director a revised allocation plan that changes the allocation of retail and/or office square footages shown on the initial allocation plan. o If a revised allocation plan reduces the a retail or office square footage allocated to a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. • Where and/or when an applicant has an approved detailed site plan, the Director may allow up to a 20% increase in square footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall square footage of the allocation plan. • Buffers to residential use. In applying these buffer rules, a residential lot line shall be those designated on Exhibit F. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 22 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 o Owner shall provide a 25' wide landscape buffer, as required by UDC 11-3B-9 and 11- 2B-3, along the contiguous lot line joining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. o Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with fencing on the west edge of such buffer, and a sidewalk or pathway allowing access to the Kleiner Memorial Park. o Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shall be further limited as follows. Retail building or parking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and residential development shall be allowed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses, an approved public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count toward said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the residential lot line of such subdivision, unless Owner obtains conditional use approval. o No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Parcel. • Off-street parkin. Owner shall provide a minunum of one (1) parking space for every five hundred (500) square feet of gross floor area of nonresidential uses, as provided by 11-3C- 6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-3C-6. o Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and may, subject to the standards of 11-3C-6.B and if not satisfied, subject to Council review, require revision of the site plan to provide additional parking spaces for nonresidential uses, with a required ratio not to exceed four (4) per 1,000 square feet retail gross floor area, ,and three (3) per 1,000 square feet office gross floor area,. Owner shall prepare the revised site plan, as provided above, which shall comply with the increased parking ratios as determined herein. o The minimum parking stall width and depth and drive aisle width, and other design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in UDC 11-3C-S.B.3 shall not be required for internal parking spaces not adj oining a property boundary, landscape islands, sidewalk or pathway, building, or any similar development feature. • Parking lot landscaping_Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 11-3B-8, 11-3B-5 and 11-3B-6. Landscaping shall be installed prior to occupancy for the applicable parcel or legally divided portion Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 23 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 thereof, as required by UDC 11-3B-14, subject to any extension provided under 11-3B- 14.C. • Buildin sg ize. Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. • Building height limit. No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3, but shall increase in the event the UDC is amended to allow a greater building height in the C-G zone. • Eagle Road improvements. To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Parcel, prior to occupancy on such parcel; and along the east boundary of the West Parcel, prior to occupancy on such parcel. Owner shall not be responsible for road capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable parcel, either the North Parcel or West Parcel, and shall be provided according to the specifications detailed below. • Street landscaping and setbacks. Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. • Oren space and amenities. Open space and amenities are required for residential uses only, as provided by UDC 11-3G-1 through 11-3G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. Pathway and walkways. Bike paths shall be provided if required by the terms of UDC 11- 3A-4 and/or if mandated by the applicable city code (UDC) and/or road agency, either ITI) or ACRD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACPID, along public or private roads. Va ley Road in addition to th e 10' multi-use nathwav along F.a~le Road on the west parcel Owner shall not be r equired to construct a third north- out pathway for he We t Parcel This seco nd nathwav shall serve as the multi-use nathwav required by the Pathwav~~lan and s hall be ~enerallv situated in the western a f of the West Parcel. from the general v icinity of the 1/8 mile ine west of Eagle Rnad_ with allowance made for the final locati on of the 1/S mile access on Fairview in connection with the rnad_ The nathwav may be constructed aS a detached 5' 5' landscape strip or as a 10' multi-use nathwav • Site internal drive aisles. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 24 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 o North Parcel: 'The extension of Records Road shall be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Road right-of- way, Owner shall provide a minimum of two private or public north/south road or drive aisles (drive # 1) connecting the north boundary of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two sepazate access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal Properties and shall submit a copy to City Staff prior to development of the North Pazcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. o East Pazcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. o West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the property and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City , ACHD and the School District to develop a vehiculaz and pedestrian circulation plan (public and/or private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Pazcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with UDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection/extension, not whether such connection/extension of River Valley is appropriate. Such access is a given, subject to any ACHD requirements for additional right-of--way and/or widening of River Valley Road. The City shall accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H- 4.B.3 in this area. Additional site and building design standards. Additional site and building design standazds shall be formulated and agreed to by the parties, preferably prior to annexation and zoning, but no later than Owner's closing with CenterCal Properties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standazds of UDC 11-3A-19 or successor provisions in effect when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. Future Applications. All future approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Pazcel, East Pazcel, and West Pazcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standazds related to use limitation, allocation of retail and office gross floor azea, buffers to residential use, off-street parking, pazking lot landscaping, building size, building height limit, Eagle Road improvements, Street Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 25 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 landscaping and setbacks, open space and amenities, and pathways and walkways such standards shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. Specific Provisions for Development Agreement No. 3 (CenterCal Ownership): • All structures on the site shall be subject to Administrative Design Review in accordance with the standards listed in UDC 11-3A-19C. (Note: The internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance.) • Residential uses shall be developed on the property at a minimum square footage of what is currently shown on the concept plan (209,250). Such uses maybe moved to a different location as depicted on the conceptual site plan and maybe modified to meet actual market demand at the time of development. If the Applicant chooses to remove all of the residential from the project, they will need to obtain approval from City Council for a modified DA. Because the City believes that this project could support more vertically integrated residential, additional vertically integrated housing shall be allowed without triggering the need for a DA modification. • The general configuration of the shops around the plaza. areas shown centrally on the east side of SH 55 shall not substantially change. Amenities such as water features, benches, on- street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed. • Across-access agreement shall be required that benefits all businesses within this site and the property bounded by the property line to the north and by Records Road to the east. A recorded copy of said agreement shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. • The applicant is required to comply with ACRD and ITD conditions prior to receiving approval for anv building Hermit on the site. Further, the Citv will not sign off on any occupancy cards without first receivLng ACIiD's signature and sign~ff. All applications on this site are subiect to ACI3D's proiect specific comments, regardless of the type of application (i a conditional use permit, cert'if'icate of zoning compliance etc) " 21 "No details related to access to the site are approved with the subiect AZ application The proposed access locations on the maior arterials should be approved by ACRD and ITD and cannot be evaluated until a traffic impact study has been completed. • Right-of-Way shall be dedicated for the extension of Records Road (and E. River Valley Street if CenterCal's ownership expands to the North Parcel of DAll21. Construction of Records Road (and E River Valley Street if applicable) shall take place with the initial~hase of the proiect. • Structures and parking areas shall comply with the entryway corridor design standards, per UDC 11-3A-19C. • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The internal circulation system for the development shall included one or more north/south connections from Fairview Avenue to generally the northern boundary of the CenterCal Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 26 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 property. These can be a public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system maybe phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed parking shown in front of the large multi-tenant retail buildings along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept shall be incorporated into the site/parking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept. • Prior to Certificate of Zoning Compliance approval, the Applicant shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend eastlwest as well as north/south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. • Prior to the issuance of the fifth building permit within the DA boundaries, a fmal plat shall be recorded that dedicates Records Road from Fairview Avenue to the north property line and River Valley Street from Eagle Road to Records Road. All properties within the eastern annexation area shall be included on the final plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing River Valley Street maybe re-evaluated by Council during the final plat approval process. • The Applicant has offered to construct certain off-site road improvements to Eagle Road, subject to the express condition that the Applicant be allowed, on conditions acceptable to the Applicant, to obtain full reimbursement pursuant to the STARS legislation, Idaho Code Section 63-3641 ("STARS"). In the event the Applicant is not permitted to obtain full reimbursement pursuant to STARS, or elects not to make such improvements, Applicant shall not be required to construct any off-site improvement except as necessary to provide access to the Development Agreement #3 area and may submit an alternate access plan for approval by the City Council. This does not negate the Applicant's obligation to improve the frontage of the annexation site as noted below. • Eagle Road along the frontage of this annexation site shall be improved by the Applicant in accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. The specific improvements to be constructed shall generally be in accordance with the Kittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. • The annlicant should work with the adiacent developers to the south (Developers Diversified) re~ard~n¢ their offer to share traffic and eeneral knowledge of the area. • The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 27 CITY OF MERIDIAN PLANNING I~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings maybe relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACHD regarding traffic impacts associated with any proposed change in use. b. Staff Recommendation: Staff recommends approval of AZr07-012 and denial of VAR-07- 017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & ZOnlllg Commission heard the AZ request on November 15, 2007. At the public hearing they moved to recommend approval of the subject AZ request. The Meridian Citv Counci heard this item (VAR-07- on January 8, 2008 and Februarv~2, 2008. At the public hearing on February 19, 2008. the Council annroved the subject V_AR reauest• (The AZ was revious X heard and annroved on January 8.2008 and Ein ings were annroved on January 22.2008: therefore. staff has deleted alLanalvsis and findings related o the 7, from t is doc ~ment ) 11. EXI~BITS A. Drawings/Letters 1. Vicinity/Zoning Map 2. Conceptual Site Plan 3. Map Detailing Development Agreement Boundaries 4. Example of Parking Layout Favored by Staff 5. Plan Depicting Proposed Access Points to Site 6. Revised Concept Plan (dated: 9/27/07) with Changes Noted 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 8. Memo from Staff Detailing Changes on Revised Concept Plan 9. Letter from Ada County Verifying Parcel Status B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District 5. Idaho Transportation Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 28 CITY OF MERIDIAN PLANNING 1ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 8, 2008 E. Table of Proposed Uses F. Residential Properties at Time of Annexation (DA #2) Meridian Town Center AZ-07-012 & VAR-07-017 CITY OF MERIDIAN PLANNING I~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF JANUARY 8, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 30 Exhibit A - ~, t: ~ -. ~ ~-__ - .t , E t~ f' t a S r ~J ~ ~'~"~ ~ . 6 t ii ~ ~ j` s '.. g t .... ~. r,_~ i a M ~` k --~ ~ ~ \ ~ ~ ~ t r y ~.. ~ ~ r q f ~~~; j~ r ~ a . W .,... [ 3. Map Detailing Development Agreement Boundaries ~J II ~~. d~ ~j --"--"- ~'.*~~f+r.F .,}fig{ ~. a.r:~wwr'! ¢M...yYNw+Fi+N~k4+1 ~M1(~riFSrQ ~ lleA " i `{`{ ~k -~ vt,....~e~r ~---~. ~~ , ~«~^-= ~-. . +xr :j ~~~ ~ ; ~~ihYN'brq 2f~-.~w ~+.41"~ j~ ~.tw... .~ ~ ~, qp r•t ~ ~ ~~~ ~{ 1 ~. +~~~ ;r; .. • ier~rriiri rr~swarw a~',~ Mld~fJr i7~ IiAE ~~ ~~lla! 117ii ~__ e~amu ~~ ~ a/rllsw~ -' ~llt9lai ~~ MHeY~ .re.w ~a f~ L ~~ ' •~ t `.9 r ~~ ~ ~ ~ ersSi~+~F ~~ Rr~Nf ~ 1'O,fM~~ Wi~i ~ ~~ nur ~ [~ _:. !9! + ~ ~ liLlYf _ Mi~iMi~~~ _ ~ P i~ew G .,.~...o E..m~ ~~ -. ~- i __ I ~ ~C ! ~~ t~~ t~ ~ is 3 , ~~`~~~ ~ ~ ~ "~ . , ~. ,~_, _ w _ , ~ - ,, r v ~, , IWERIQIAN TOWN CENTER _r..,~~..,~ r~.~ ~ ~' .~ _ ~; Exhibit A 4. Example of Parking Layout Favored by Staff 1 11 I 1 I 11 1 11 1 I 1 i~ 1 1 ~ 11 1 1 I I I I i Exhibit A 5. Plan Depicting Proposed Access Points to Site (F= full Access, R= right in/right out, L= left in) F1 ,~ ~~ ~~ ---^R7 _ -Rl - Exhibit A ~..~ ~~ ~~ ~~ ~~ ~~: ~. • 6. Revised Conceptual Plan (dated: 9/27/07) with Changes Noted - ------- --- - - - ---------- ------ Changed from office .~ - - -- 1 - - _ - - -- - ~ vrx sareu-awtr ~ Changed from office ~i ~ . o.,~..Q ~ (SOk) to retail (40k) _ i ~ I ~ ~ _ ~ (27k) to retail (32k) ~ ( ~.a,o.,~ ~~~ -ne...s ~4 nom.. ~ ~ ~ ~ ~ Increased office ~ ~R~ f~NHn"dt[~HN+:I81~+ESfl6&18~1 , ~~ ~ ~ ~ "~ ~~ from IOOk, 2 levels ~ ! s , ; Changed from office ~ ~f 3 O~iM€4 ~ ~ +~~~~ o4cc ~~ +eam: '0°'""'°'®' '°01jmp in 120k. 3levelc .I b ~ (27k) to retail (31k) ~~ - ~ ~4 I ~, ~~ mn..emo~+~ sw~wu ,j i mna.ao~~eo.crs unm~ ,~~ - - -- --- e~~------ '~I t Changed from office ij ~ ~ ~a;t ,,I I s~~~ ~ m'm" ~.c+an ~ (SOk) to retail (40k) _ m ~ i m ;~ {, ~ . ~ ~~.; ~ , --a®nmc au`Jmse~~° ' ~ gg II~ ~ f~l j '~aa a .r,wm _ 0A° ~s Increased office I I) ~IIf0iI1~11H~H0 -_-- -- ~ -- ---- 1 ~+~~ i~s.. m....aoo.~ .uoor from 30k, 2 levels to 45k. ~ levels ~ iNNi ~ - Increased office from SOk, 2 levels to 60k, 3 levels .~, I ~ ~ ~ ® , i t ~ ~ m +`; , + . ~~~~ aa, maaamao~ ,®oa~m ~~ tw.uu+ aa,mo Exhibit A r ~ r ~ e ~.. euc Increased office ---- -- ------ --- --- from 30.Sk to 45k ~ ~ ~ ~ e~ i , ~ ~ ~~ ~ ~ ~~ ~_ ~ o Increased office from SOk, I ~ ~ ~ w ,~ I ~ ~~ ® ~~ ~~ ~ s~ ~'~ 2 levels m 66k, 3 levels '- s ----- ~~~ - ' -- ---=- -- - - ------- - ~, ~~ 1 6IV'IM4W Ntli~~ I ~ ~~ I ~~ ~" ,.~,rm t ~ ~ I~Nt~ib ~ ~ Increased office from ~ ~' `m`rtmnd ~ ~ ~ ~. ;ii ! ~ 13.Sk to 14k ~`~! - ~ ~ I Increased office from SOk, 2 levels to 66k, 3 levels MERIDIAN TOWN CENTER Increased office, ~n~~wa,zw ' ^ ^ ^ Meridian, ldpho from 13.Sk to 14k ~Y I..I I~ I o m my m ~ ~~ scN~nnc ~nnsrEa waN T7 SEPI'ffi7 1E't~ as~ ASTER PLAN ~~f~ MERIDIAN TOWN CENTER .~.~..~. W. eaertdbn.ldatro nnrt.rt.r-i 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 -~°- Fr~'i'Y"i P --- 1 1'. e fi ~RKeR?tR3i', ~~ ^~ ~ I . 1 ~aTf •O4~4R.6 V9-~c;. & fYFJB[f'!E' ~:~ti14. -- ~r.~, ~~ ~~: c4a.:au .r _rsissw¢ i yr. _._,-. _. aa- tree rem rase ~. _ _. r~ru-ai rs.~Qar. ea,~r~e `~~~•°•x ,., -eccs* • + ~ ~ ~ ..,. - _ ~i.4'R IfXB6 ~ /~IrMRY&iWL't: ~ ~-AlP ~ ~° ~kIG6A54 M~ifr .: ,•y ~ ~ Fy4 %~' ©W+3310 ~!t r ka~RY ~+A~~i6 Fi"~+ a { m.~mu ,~ _ ,<~r~ ea,vs p ~.~~.~~,~,~ .mss<: ~ ~~~,~, _ _ ii _ ,i vgp,#LSiM1'~, fR ktf Rib P 4 .. sa v ~. 7 .u. ~~ ~ ~ ~~ -~~ Jb ~ll3 z ~3lCly ~~ „~ _~a I~~ ~ R4i1~FMtl'b f % L.M~+~t.L iR.~K 1 a. ~a+aec~E~ !! ~ ., i 7 ~ ~ ~ »cxty~3m. '. _ -, i ~ ~ ~.>. C ~~ ~ ~ __ ~~ m. a~a•ra ~,3e reac.~it ~~~~r pa.~s ...a...~_ ~._® 1 ~ ~ _~ a;,~ ~ ..m; _ . , E ~ ' ~ - k ~ ;,~~.. 12 C _ ~ _ .,~ ~ ~ ~ ~ ~ ~=, r s k . ' ~'`'* z ~ ~, ,, e .~ ._. ~ ~: a~ _ !~ _ _ _~_ „..~. ~ ~ ~ .. - _ J ~ '~ ~~NpuEPI[3t F!I>it~,t Dlyt~dti~tr+e 1 . Iti'~ .~ r ..a~. .~ ~..~ Exhibit A + ~ ' ~ ~ j } ~ I ~ 6 f t I 1 ~ .. {@ i ~ ; ~~~, ! '333 ~ ~ ~ 3 + - e ~ t ~ I ~ F t E 4 ~ i 1 c t r i7' ~ i I t I i~S ~ t ~ i ~ ~ ~ i ~ . ~ ! {~ ~ ~ ~ ,i ~ ~ 3 I j ~ ; i ~ ~ a ~; z ~~ !; ~ ~ ~ ~ ` 4~ Y a i (' j ` F ~ ' ~ tl '. 1 I ' ~ ~ t J f ` ~ . ~ ~ f P 111 1 ~ 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: SONYA WAITERS, ASSOCIATE CITY PLANNER SUBJECT: MERIDIAN TOWN CENTER (AZ-07-012) COUNCIL I TEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER 10, 2007 CC: CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TED BAIRD, ASHLEY FORD, ANDY WILK On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The area depicted as DA #2, in Exhibit A.3 of the staff report, has been modified to reflect changes to some of the potential land use square footages. A copy of this revised concept plan is included in the staff report as Exhibit A.7. The following changes were made in the proposed square footages of retail and office uses: Parcel west of SH 55/Eagle Road: • RetaiUrestaurant uses were increased from 730,500 square feet to 873,500 square feet for an increase of 143,000 square feet or approximately 20% • Office uses decreased from 574,500 square feet to 480,000 square feet for a decrease of 94,500 square feet or approximately 20% Parcel east of Records Road: • Office uses increased from 187,000 square feet to 220,000 square feet for an increase of 33,000 square feet or approximately 18% • Residential square footages did not change No revisions were made to the retail uses proposed at the north boundary of the property located on the northeast corner of SH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of approximately 20% or 143,000 square feet, and an overall decrease in office uses of approximately 2% or 61,500 square feet, for the portions of the site depicted within the boundary of DA #2. (Revisions were made to the original memo dated 10/1/07 based on the adjustment of the DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A w•~w~wv 'a ~ ° f ! ~' ~ w~•1 w !j i + I ; ~ : Vi € ~ ~ }' ~ Y i, ~ ~ ~ a ~ ~ F` ;.~ 1 f ~ ~ i~ ~ t ~, + ~ i ~ . ~~ ~ ~ l ~ I E~ ~ i ~ ~ ~ $ ~ QQ ~ ~ ; i !, ~~ i F ~ i t j 3 0 s F ~ ~ ~ ~ i F ~ - ~ 4 ~ ~ E ~ r' l i ~ ~ t ( 1 ~ t- ~ ~ I 5 ~ ~ ( t f 3. ' ~ ~ ~ i P S ' ~ ~, ~ i ~ d '. ~ = ~ 3 f i ~ I R i ~ f ~ E ~ i S ~ ~ ~ - ~ ~ ~ ~ i ~ f ,~r ~ ~ ~ , ~~ t ~ ~ . # ~ ~ ~. a ~~i~ ~~ i ~ r ~ ~ , ~ I LL ~ ~ ~ - ~ ~ ~ ~ ~ E ~ ~ + B ~ ~; € ! ~ { ~ ~ ~ i ~ ~ ~ t f ~ ~ I". Sg 1 ~ ~. ,p ~~ f ~ r i H ~ 2 ,4 ~ I B ~ ;_ ~ i i. ; i d j ~~ c 1 i i ~ ~ ; ~ ~ E ~ ~ 7 31 ' 6 i , a ~ 9. Letter from Ada County Verifying Parcel Status ~~~ ~~~ ca ~r~~evo I~~L+t~P~l''T` ~~~ ~' ~~g~ ~~. 'w. FR£~i7`, ~t~,1~~i0 83'7.7~fl ymrc~ ~.~, ~d6 Itd tAzaUar i T fic Diu Aai. TCi~ine'r 9541 ~ f'1: ~. 1~U ~x 4 ~eattl~ WA 989:183 BEliev~e::VVA, 48DF~9 ~i1Q,5y~~90't8 #~ ~lp. ~rap~rty statezs xhe;~}~er+~~~ghtryp~ro~er~tig:,~'g k~c~aty~~,yi~i~n~icm 4. (,1~'q~y~tiey~i 1,7 f+7 OL g7,1 ~ ~ J ~ ~~! d ~.4~fs 1~. •.r-1 ~SYLI ~~ItMMW'1~i/ ~WY{lLti !!(ii7~ ~~'~.'C{ i~ f i dj kual ~- I3,~tci~4e ~k'accel3), Dear ~+-pplzcatl~a~r6t' This re~rt ~ ~ to ~~ applatc~Rian of 7urte f :2006. In your rticatian Y~ serfs adios that the ies ~'b~ad iet Weetrsr~ty Itds 823744 ~ ~~~7#3 (cef second tkt~bes' 18,1} are f9~ distinck,gmgrtti~ and exempt €e~na ~o~y's ccmt~ pax~Bs . ~kiCC 8-4~k~j. "~t-u~r ~tLat~s t0~ p~sm a grEy ba-~da ad~us~m+en~ tc raeetc a 60= P~~ to Abe deeded s~et~ to Eugene I~eir~t far dedie>~icm a~ul dexetopr~e~t es s paeblta l 'Ci7llla ~aoa-t in#a~xr~tidrras to tt~ cbai~, of titt~ was grovidc6 r~nt#h the ze„ SVe~eaty l ,8744 $3'!4~ o1e aesast punt to fibs Vii. establxs?r tha# tho finer geise ~ shor~'ire poor Exlu't~it A, c~iesidere~d pods tlaa# 4ze +~oenpi from tla~ CuuntY"~ ctmt~g~eus psrls pt~avisicsns, '['1'ae patceis all meet currratt d3menaionia~ sta>~derds of t~,e Ada ~c+uo~y amide and aar tl~erefhre legally conformia-8 s, d~~ tax ps~el records shsswing os~y tluec di~tr~f pas+eels. rtowa~ver, Parcel 3 T ettteT+~ 9n w to tsc an e~uamrnccY y' bteut~ury ad:Jtnneeet wine Joieet School I7ie~ct Tom. 2. 'mss occeuird ixs twv tram~etlosos; ri s~ a~s~i~c~,~~ ~r~+a ~~stt i La ~sQ o~ lx ~d . °~s~a 3~~Y ~~ neurexttlp to pride aece$s tai ltiver'Vallep EIc n~+nEarlr ~chsol tyirom Aaek~ Na. ~ Subct?~isaa. • Pe°l :31105417Zip vvas ~ ~Y ` iU00~3474 rm Jeanue 24$ 2QOQ. ',['his psxcel is e~~~ ersed't~s pea~ride to River Valley Els~eatdry ~ch~ul &uxb ogle Rte. At tlrt tide that these psscvl4 rovcre m~ ~ppeert7t l~wod~' acljeestment application ~ wired. I~owcver, o~ cellice shell the pareax lY ~,s !>avigg ~»: ~ by ~ w,rct ~~ per ACG 13-4A l9 attrl ~ea;11 viave this parcel as a>eE~Y erno~oesforratir~~ >~1~~~ T7~c+ prup~ties ~icd above shall lu docmcd to bo tae'! of tha 1ScEeoal T)zs~lict rcol ~Sl1t1S141~Lii) in tba mgrtl~. `~ l livid Bl Exhibit A ~lea~se 6~ ~eis~d i~t ~ pu~lie gaxk fs a~oa~l Bch s~r~d~tiom~l tisc pmt r1 ~ i~ Ri~'3° and R6 dis€~ac~. ~d~~.o~a~ use pt~ ~ra~ a ~ti~ilic hey ~fv~~ tie ~tlamr~n~ ~ Z.~nutg ~om~o~ dttc.~ ~a~ application ~s deemed ~p~t~e it takes at+titree ~taotu~ cp ~o uu~ ~s ~roceas. Apglicat~~ ~a a~rail~~le ~~ ore vvei~sitex ~, ~ti~tal -a~ataea#iou t~orc~t~es & aPlatslo ~ ~~~~ ~>~ rrc~iil u~ut~et s'I~t (~~~ X67'-?~ Zft~e , ~ ~ae~ed to a~ ale ~~ the pity of 1'~'lerir3iraxx, You ~°avld r,~ nfi; stir pl~n~itfg dc~ea,t ~k+~sw~ t1~c~ir tsrt+cess ~llaw~g ~ve~lap~n+~t t+f' a irk. Tf ~ ba~ra fly ~esti~so pl~a~sc ,~a ntat ~esitatd to etantt~rt oae at (~~~) ?.~7-7~2t~ c~ tat ~ ~b:s~e~~ ,h'1~ : A~ppic~~trs E~13im ~, Vll~'arta~ntY Deeds ~~~ ~ ~~7~i5 t~IS~ Edit ~eps~re fir l~t~tet~t 9~i1.2175~ (~ ~ >t4i"i 4~F~SL9~[OltddEib~~ 1~6I~Q~~~'~~-`~ ~aif8d ~C1~C1' Exhibit A ! ~ ~ S i R ~ ' ~ t f F 5, ~ ~ f 1 ~~~ - ~ I i ~ , r _ t F~ , ~ > I 3 ~~ ~~ ~ ~ k k l ~ i I ~ ,a ~ III G ! , 1 1 ~ ' I F ' ( I 1 ~ ~ ~ 6 , 3 ~ i ~ ~ & r i t i Ijr i! - ~. I E ~ ~ fp S ~ ' k ~ 1 ~ i t ~ ~ t i ' S f i11] is r~rt i 1 ~. f ~ ~ 1 1 ~' r i 1~ § i X21 ; ~ i AAA ~ ~ i [ 1 ~, ~ r ~. f ~~ 1 1 I ~ r ~ ~~ C i f F ~ t 6 ~ ~ ' ~ ~ & i I~ € ~ ~ ~ y f f ' f ~ ~ I ~ ~ ~ ~ y 1 • ~. ~~ ~~ ~: C ~-a ~~. ~,., ;. ''~ ~. , raw- , 7- ~;.~ ,.-_ - aqw~•~ .e Ao e s~!~ a - . `.s~~. ~~ Pb .~^.rvo m qtr •4 f t~ ~~~ + , FpY galna rCC@1v~3, t~* ~T~ ~' 1i. ~ q+!~jt8,eti, ~~r ty ~al.t~r ~am~ ~ebne~ ~ tt. xl~~ser, ~.re ra+ , a~ta'tiv~. eh~ gsesttoz. d hazed gYaat, ~~:rrg~ie, sbr13 mid uc>uway wvr.~ ~.a.~R 143asNt~ 1tL~ifT~`~ an.a F.Uti !t. 1tlc8~E`lR„'d~ . 1t1a~V~df1~1,61• ~ glEtilt@@8, $Rit lOAXCiY1Aq QCBCPi~ piste!@, tv~a3t' of ldca Aeu] the w~ ®f tly® 3i7~ aad tha ofi tnv ~rrh, ~~ ~m ate, 3rs agq~a® R, ~sd tih++ ~a ttie~ ~~, im se~t~~~, ~ ass iti ~atrnwrt+sp 3 ~fl.~n, ~.~ ~ ~~~~ of the Iio~1~~r taes~dian, in ,fda cr+uaty, IBetaa. 1dA9~ AI#F4 Tq ha~~ usat~ the yraati@n o~ the oe~oad p~ ae ehsis restaective sole and a0p3Yra~9 psapetty, ®acb ~ 3so1d an 4~m81 @IlS~1 61~4~i~tF';Q@il ~SY~@~~5~ {oh$,ti@~.fl, $$ t@iSBttL'@ ~,A e T!lYGi L6S9Ii S~xs fraing AoLSacca~d uador arH by virtu+a ~~ ab 43rdes Coref~ciag 6~2e v! .eat ,Fteepart~, tie ~ tha al.et~+Gt Coast ~ else 'i'bE,sd Judicial nE®erlct at the l~este o! ldeho, ie a-t9 t~aC the Capnty p! ~Cangan~ IiegiaCCate DiviaSOn, ~a~an ', oa tRe 18th stay of Rucgn:ate 193. +ahbnh osydier ~¢ by refer~~ Sher®ao eend• agars Ae~ronf, aA ehsu+gTn sei. ~enCR1~ !n iuAL taesain. °~'ba.a conueyaaae iS att absoiu#.e CO41VDyiii80 of fee simplle fade, wfthpat rr~icriet$.o:-~ e~ aay :ytae a,~ kt.na. ,~.V$i al~'L> T@ ~.O$cD ~P SB ~i~ ~l'R~.~C9Qi LlL CII CYla1.C' g~~yprs t~rr~anaee snta the said E~$ntene, 'liteal3' heiso grad aBS,Q~& tnrEwes. haoai ttte R~36 Graotoar dqa~ heseb~ c®vmasaaat to ®nd ~-Eth Lhe sa2d dsants tha! S.e is th® e~ in E~ aiargA• of seid geemi~effi; t-sst said preenia~so asr irae Yrw aii ereamabreEUaet, and that L~. k111 wat's~t eatd dsi'ond thn sem@ lrce a21 lat~~ui n7.s3ue ahA#+ aO~v4r. E5~ATE qY St~tA i~. tu.Eg~ER, t?~SatoOd. ~~--~a~~ tsl~.~.,a.r< ~` a~ rc^'_ __. ~ '~ Exhibit A n;,.. •1~ t. ~. ;' p~E I t' ~ ~'. ~~ k [ F- {[yF~ ~ ~ S ;. ! ~, i ~~ dd t~ ~3 S f.. F,S ~~s ~4 1 y' 3 ~ ~' if ' { Pk f ~ 21 r ~EC~1YEa 'JU~10 ~ ~Q~ ~ I ~ ~- ;;~ ~ t 1 F I I .~ „ ' i ' i ! ; ~ ~ ~ , I j 1 ~ ,f f ~ i " k g ~ ~ P ~~ i ~ ! ~ ~ ~ p 8 ~ 1 ~ ~ t fE i - 6f t . t j f f t { ~ ~ ~ r ~ ~ ~ i 7 ~ ' ~ ~ ~ ~ kG ~ - ~ ; F ~ t i ~ r i { 7 r ~ ~ ~ [ j , . 1 ! , ~ j C } ~ t k ~ ; 0 ~ Si ~ a r~y,;'~s~ 'QF~("~siiy~'#'',,'r~ *v'~ r..wy+'.. ~s-~ ~ ; 4 s e t ~ Bc a~r,~}~:+~5~, ~~*~d~a #~a qQA lEat sa~~ ~9~a~,s ~' ~~, ~. ~~ . ~~ S f k, , ~~,~ • ~ , . ;>•, ' - ,(~J ~ r ~ 1a~tws ~~~-~ ~~yI~~ry l~~gRtitd 8[ii~ Qb6L~So~.~. ~• ~bp ~IIQ ~~ ~ ~da b.r.+~'.~Sr~~~r~9 ~~°~p " Vs9 caS1~$~~.. any ~ ~'~9 w o ,~ & 4~a~o1L) :°j.t~r 9 . .7, .. p ; c .r '+... F P a e ; ~ ` ~ r1 Idi. r11K(S1j .*IhP• 1;1 ifl.8~9*w ° t -s iRftlkft i.9'~'J"d fB!aCy; Od 7 q'H;a t{Rk 6#~.+° l~~#+4 yJ l' Lfa® P°~ ,P~ ~ ~-s~.~+~-~ 1~CIL fl. FLAe~i[+G. R~1d~ P..~ .~.~.._ r.-. ~ ~-° P~ ^ ~~~ ~ ~ ~~ Exhibit A I~e'~'!I ~ i s ,; s ~ , ~ ~ 7 r ~ a i~ 7 ~ ~~ ~ ,f F ' l { ~ ~ ' ~ 1 1 A L ~ Q ~C 4 I ,. r ! ~ , t ~. '~. ~~9 .t E . , ! ~ ~ ` i ~ ~ ~ ~~~ t' `~ ' ~ s, i; ~ ~ ~. . , ~ pp I ~ ~ ~' ~ ~ ~ 111 i (YY ~ ' y `t ~ ~ s ;; ~ ~ ~ ~ ~ ~ ~ j ~ F{ ~ ~ ~ ~ i ~ ~ r ~ [ [ p ~ E Y ~ ~ ~ ~ f i ' 't` E E F ~ k 1 { ~ ~ } : ~ ~ f { `~ ~ i i I. ~ .l I i ~ 6 1 1 = i F 1 F ~ i i ~' i ~ ~ i r ~ ! ~ r ~ F ~' ~ , T t ~~ ~ ~ ~ t ~ ~~ ~ t ~ ~ r ~ ~ ~ ~ ' ~ ~ 4 i~ : 4 ' ~ 1 ~ E i; ~ k r ~ i i ~ ; ~ r e f } 1 ~ ~. ~ ~ ~ ~ r ~ ~ i k ~ ~ • o - Y ~~~: 1 . ,. w. . ` .. )T)~ ` ~ i. F4 ~ F 0 .+.+.6Y ~~ VdL~L~r ~i ~!R' ~t~ ~ ~1.R F'liig"~~n Vi V • ~ tl b °~~iu®{~.{. ~ c ~~ 9~lites it6k'~lyYt. ffi7.a~+ a~sl L1we~aea yt. Klmtac~', ~ear~uai +rrr~lr~.. ~~iYed! Ltro +~BQfa~lts does b!!reb~+ gtnnt' ba~~aina ~d7.1 pi~l9 couv-ey unto tdALTER Fdf~R3dAL~T 'lGLF'EINYR arc8 BZFQJ4'iE N9. 2i1.8IDILA, d19 ia+r~~vl.7laRi.~, tlae gsaictxaa; ~$e fol3csxi~ deaa,eib~ graslLtitwai, td-~rita Bate >~ e~ Ltns d~ aa+d ~ha ktt~, aid a@toF X11 ~~ #hr T!?idt a1' r'fie of hEl~i SEA(, ~» aceit~.lrr~ R, ~.d ~ ~ rf~ tt~.e S>~r 3.+a Be~L1.4xe €, s~ii im Tavrialm.3.~S 3 ~~a, aa~a 1 E d~ Y~%a Ett+l,t3~ a-4d1El~7. 1aS Ada C~l~1t1+. IClafitd> ti7b USAF Jtt$3 Tl~ I~~b utata the ~&Yies a~' ~Re ~~onc~ ~arfa as bh~s9,7C resga&t5.ve edla arLCi aeq~ntate ~optctt~, wnd saw tes bald an equal ~~ t7~c31u1l1~d inCCRteat t~lersin, as t~0'al~st9 itt " cnxi. ~4 tt~:~st ~.a Be~nti dat~uFered ud quad by viraae~ ~~ aat flx~c s Contlxmfstq~ Balm of sisal Sroey, claa9e hp t4ta D4atsict @suFt 8~ the '~b11 .YitdLCi~}, ®~stric,+t et &tro 0~4e o! StA+RhCr. lac and fss ChM GsaunEjr se€ Canynq, te+~'¢tie 8ivia~.~ah, 9iiCxi~ Se ~n C~Sd 2~tb dWOf` kti! 1~i6Jd19C~ dEJ7'Z~ ith~Cll brd0€' AH ~+ IC4~Mffi{~~' Greta o~ade a I~t herea~, pa th$+b eot ~vreh in #ssiA Pwcaikt,. 'i'Ufie can~+yitneE i~ can obavieatlt convayaneR° o! Eea sim~tle ~fii+~, wlthtrar! cre~~leictian, ~a4 ®hy ~y¢ae as b:4.rld_ AAStE A~'7fT9 AYd ~QLD '~$!~ 6dis3 gar~~,LB~ ~rltth tF+ei! a~tiS•• eeear-eAO unto ffi said arairocd~iac tttaig helkss alu3 !lsa~q#tie fax~eeX. And khe srfid Gsasetdi drama hereby eo~enan! to astd t~r9.t't the na~,d 4aaat~e~s, tlamti it ils t#~rt ~x~igr 3.n ~w! aa£m~a ~f aull$ p~rcamirtt+sy that ®a1.1 rirnami.Aea A~CB fPB~ 3X~ ell @P[Y•Sl7td.`88p ash that ~t +~.ll varCa~t atfd de~d9rr~ the saaoo iK~ a:13 ~.aa~taY, C3.A:L kA$ VES$;~~ta8'Vf37C. ~,S'il/TE ~€ aS ® !I. lti~IiiE1l~ elet4t7. ~~ ' Exhibit A S ' :. -. : ... :. :r. .• ~.~ .~5 t ~ ... p.. ? v.k k. . 4 Y ' ` : ;f~:, :~~,.. ~..~. t: ~ II : ~~% 4 . ~ r { ,~ ~ . F.'. ~ : ~ j~:~ ~it:. % • ~ .. `I ;F _''.. ~I'. . ... .."~{ S _~' . :'" { I .5.~.' ~: 'r .y ,q.: :~ 5. ~ ~ _ '~ ':` . " T: ~:~:.4.;.. 1~ - { ~ 4F:' r~! 6 " Z ! i ~ :i . i ~~~F ~ ~ F : {:~`. 5 1: F! i~ .y ~= y.' ! y 7 ~ . . Z ' ~ ~ i ~ _ " ~ '. l.. `, ! - - 6 ~ ~ ~ rT_.. I t 3 .j' ~''r ~r ::! . i~ i t e ~I k' ~ ~ . ! s t ~ ~ ~ : ~ ' ~~ _ A .fc ~ ~ ~, I !: " ~ r F' ~~ 1 ~ ~ "' ~' i ~~' .4. a RE~El1~~~ Jib 4 1 ~dfi - ~ ~~ i Ak;: Sr ~. j °5 S~ ~ ~ fY '"Y"-. ~ 1kt~Y - r F ~~ k- y _.'t r «~ b ~r~ll*' •. i / S; ~ ~ Yyzt i, - ~ }~~ , a&~fji ~;~. ~ as ~r ~ ~~ 1~7r$` ~ ,, ~ ~ ,~ '~~ ~, 7 ~,~' ` ., ~' : RI,E2C~;eft and ~g~tE ~. ~,, !~ ` ~' ~~~! i,. ~ ,~ +'" :~ ~~ .~ datiy ~ppois~~ad a~ ac+LO~eq sfla3~ t ;' ~,,~° ' , tat 'AZ~t~ ~BCti~ sa9C' ~8, M. S;L1t¢1rida9: ~ m9~iid' ~~ ~ti5 8~,. mil ~ ~5~~i'~ ~5€~r'lit~41 the ~O~BgKlit~ 419~19C3~41&Bt9'~y ~ ~ ~ ~~,ve h~c~~aut~ st!t ag ~ eP~9t~i ~~, ~N ai'L'$cl.9~ ~e~l. t]E-+C' ~iiP Y its El~tm G~f.~Q64L! ~is~k a = ~' ~s ~ P` ~' ~iG va`~ i€or ~ ~p ° LBe~~. ~ lQt~ltpEU~ Tddih4 s ` '+ _ f e 1 } g~ ~ ai~~ fa+al~ n uaa'4, +t~1d, a~ tiF~"~0~...-$s?L ~~ die.. '.°,•~ ~ •` Exhibit A j; i i ~FF; ` i_ {' F i' x~ I ~' ~~ ~ _ _ ~i Ci~S ~ ~ f ~ I I 6 } 1 [ .~ y ~ ~~ ! ~y F p ~ ~ ~ ~ ~ 1 {f ~, ~ ~ ~ ~ 4, i ~ ~ i. F ~ f j 1 ~~ I ~ ' ~ 1 F F i ~ r i~ I tttt ~ ~ ~( A ~ ~ ~ ~ ~ z ~ f 1 4 1 {{ i j i~ ~ i -~ 7 f ~ j ~ y 4 } [ ' ` ~ ' C ~ ~ i j r V if I ~ i ~' ~ ` ~ i k s ! ~ ! ~ ~ . ' ~ } r f ~ ~ 444~ ~ ~ . y ` = ~ 1 t ~ ' ~~ 1 i ~ u ' II R ~ E ~ ~. C ~ i ~ ~ '.E ,~ ~~ ~ _ ~ j~ ~ ~ ~ ~r, ~ , ~ ~ s ~ l i ~ ~, ' ~_ ~ ~~, 3 o ,. . ~ E ~ ~~ ~ , i ~.~.~~ 9EP~Ez ! !![3i75D 3Nf0S AD~GAPNfY&-fdlln tfl~i1=6m oit~ WlT tEFOREs! 1M~$3474 3N1E1~ ~_. ~. i ..v.~..-,. --- r.s+.w~ wow per ~sa= am r ~ ~sa~ Exhibit A Afl~&l9S19'~Y r,1+~r~p;l7 owm s~r9vs~ swea ~k~{ 4fm.llfel.Flb eNU ~afw rewawsaw s~owm •mau ~tfC1Atl-A~Yd~L{~BGYIII@4•GIII~N OONt AiYEft! 10f1i3I474 1 f_ - ~~ ` ~ ono ~+aa 7eOS ~ ~ erem.see~tr.rae snatsss. f r 1 wso+,+rm.~rcHrr ~an.~mss urea ~ ~~ err taa~ mm re as wow -- B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byres, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the owner(s) of the subject property shall enter into three separate Development Agreement's with the City. Said Development Agreements shall be signed within 12 months of the City Council's approval of this application. Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Each of the DA's shall include, at minimum, the provisions listed in the Analysis section in the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. At the Developers cost the applicant will be responsible at to connect to the manhole located on the west side of Eagle Road and E Leslie Dr to bring a 12 inch main south to serve the west side of this project. The east side of this project can serve two different ways depending or the plans and profiles to be submitted to the Public Works Department, One to the 12 inch line to be installed in Eagle Road and Two could possibly flow to the 8 inch line located in N Chandra Way. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standazd 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 Eagle Road. The East side of this project will need connections for fire flow to Venture in the south east and Tweedbrook in the north east. The West side of the project will need connections for fire flow to Fairview in the south and Chateau Drive in the north west. The applicant shall be responsible to ,install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 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). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "fmal draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (LJDC 11-3A-6). The applicant should be required to use any existing surface Exhibit B • • water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.10 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 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. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after Exhibit B • • power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 2.19 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.20 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. 2.21 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 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. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/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' and horizontal obstructions within 3'. 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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be Exhibit B • • based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 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. 3.10 The proposed residential structures consist of an estimated 180,475 squaze feet (number of dwelling units not specified). The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.12 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. 3.13 The Fire Dept. has concerns about the addressing of the future structures in this development and the addresses being visible from the streets which the projects aze addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Buildings or facilities having a gross building azea of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or azea to be served, measured in a straight line between accesses. Exception: Projects having a gross building azea of up to 124,000 squaze feet (11520 m2) that have a single approved fire apparatus access road when all buildings aze equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit B • 3.20 The Fire Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 5. ADA COUNTY HIGHWAY DISTRICT Due to the fact that this is only an Annexation application, ACRD has not submitted formal conditions of approval at this time. However, due to the size of this project ACfID did submit comments on this application that are included below. ~~ eel' ~ -~ 3 ~t~,. --- mss. , --- ---_ - ~~II;,~ ~.,+~ Sherry IL Hube; Cormnls~raer tisl~ rJOrydro Gave ~v~ts, ~"~"U~cr'er ~ A. Mdiee, Comer September 28, 2407 To: City of Meridian, Planning Department 680 E. Watertawer Lane, Suite 202 Meridian, Idaho 83642 Subject CenterCal Deveoopment MAZ-07-012 nle%artd nfw/c of Eagle RoadlFairviev~+Avenue Irders8cdon The Ada ldourrty Highway District has received the annexation and zoning appUcation for the proposed CenterGal Devaiopmerrt project lorx~ted et both the northeast and northwest comers of the intersection of State Highway 55 (Eagle Read) artd Fairview Avenue. The District has been wor9dng with the applicart's traffic engineer to identify an appropriate scope for the necessary ttaff c Impact study. Tha District has not yet recennred the rewired traffic impact study for th#s development B is the District's understanding that the scheduled Meridian Planning and Zordng meeting may move br+mard prior to the Highway Disttct receh+ing and commenting on the trefdc study. Therefore, staff is submitting these preliminary commerrts based an the conceptual site plan br the City's cansidenrtion of the annexaton and zoning application.. Additional comments and recommertdatians wi0 be submitted once the District has received the traffic impact study. Also, some of the submilt~ oommerds may loe altered depending on the findings and recommendafiona off the traff<c impact study. Ex(stlna Coftditions The Stafie Highway 55/Fairvieuv Avenue intersection is the busiest intersection within the state of Idaho. The District recently reviewed the Pmebrbge Sutxtivision located furtFrer south of this site, and the projerx~ traffic volumes and loyal of seruice are idenhTred below. Roadway Functional Traffic Courrt Level of Proletted level of t3paed Classification tseralce• Service at Plnetrridge Limit Build-Out (Zfl1t31 (Does not lndude traffic from CerrterCal Fairview Principal ARerial 37, 798 east of °E° °C" 40 MPh Locust Grove in (assumes 7-lames at twlfid- Ma aoo6 cat Pine Mirror Arterial 2,376 west of Better than Better than °C° Eagle Rand in °C" March 2Q~ SH 55 Principal ARerial 51.580 south of °F° (See °F° 50 MPF (Eagle Rand) Fairview In Note below} October 2008 Exhibit B • ~'~cceptahie }suet mf fnr a five lane principal arterial roadway (Pairvierv} is m~ (37,QQd? ,Pti)'C~. •ptable level Qf aanrir~ far a hue tans minor arterial roe y ~Lccuat t3rave and Pine assuming ccrmplatett impre~vemert~~ is ~'~ t~i,Ei4®A®'I~. *Acceptable level a~f ~aervice for seven tans pt~ncfpat ar#e:#at rc~advuay cE~gle Rr~ad north of Pine) is §i="" (50,i}Ot} Af.1Ty. ~ic3te: T~s is -can the Ct]IUiPA;SS Ptanning 1'hre~hotds, The 0is~lct naeni~ee that existing and pra-j~xted ll ~f sorwiee a! Eagledl°airwri~nr tin ctiean Is abave an aptable plaurr~ning level capacity. I~reviously thla trite n fid as n future urban interchange, la the last updat~o fo the lottig-range transportation plan prepared by G®lIAPASS, this urban Irtten:iw~tge 6rnpra~vrit eras removed fr+am tla+a plane ~gte toad ~ a t€fglai', rand thg Idaho T~nspvrt~rsn ~eparhnent Iola llrnitad plans for iGrrtp~v to thls~ t~rrldtwr (i,e. center ie~lerrcls for:~cc~s cord~l~. There are ntw pisnned imp~emer~ts for #his corridor. Comm®nts on P~o~ea~ed Traff~lc ~lrtid Side ~~~1 Exhibit B Staff t,orr+ment: This roadway was identified as a future cailector roadway, and the t]datrict would ' the construction of this roadway with the development appGcetion. if the roadway is proposed ts~ be shifted south, the applicant with be required to provide amass to River VeldHy #a the propeltie8 t0 the north. In add€hone the proposed shift t0 th8 south with impact the e~dsling River Valley on th® west side of state i4ighway ~~. Records Avenue: Ttte appGcari# is proposing to extend Records Avenue as a collector roadway through the site to the north rty tine. 5tati` trottsmer~ This roadway was identified as a future coGeatar roadway, and the District would require the conss~uc~don of this roadway whh the development application. This roadway is planned to be extended to Allyn Way (whim i$ currentlgv under r~nstrueHon for the fvst %. mile south of Ustick Roast) and cor~uctea9 as development occurs north of this site. The connection to Allyn Way is criti~l to the vehicular circulation within this area, This roadway w'rli provide a parallel and alterroative route to Eaglet Roa3d. The applicant does not control the property that w311 enable the c:onnec~ion of Allyn Way to Records Avenue, twt the connection should Eye a requin3ment of this developn~nt. ACHD, the City of Nlerid'ain, and the developer should worts with adjacent property owners to achieve then right-of-way dedication. Greenwood Drive and lil~dorv 1ttilood Drive: The appGcarrt has not prapas~ any impravemerkts or conne#iarts to these exiting residential streets. Staff Comntettt: The applicant wiili be requ'sred to provide cal-de-sac tuniarounds fc~r these roadways or wnsttru~ a total cannon within the unopened right-of-way between these streets. The District is not supportive of tying these Waal residential street into the proposes! commercial development, The Dis~ict is suapportive of providing the existing residences access to the pr park. HORT'HWEST CORNER Fairview Avenue : The applicant fins proposed two driveway a to Fairview Avenue hetween Eagle Road and the sites wit property Crne. Staff Comment if no access i$ gained to Hickory Avenue, one of the proposed dmveways to Fairview Avenue should be foil access. The full access driveway should tte lotted as fray from the Fza#rrdewlEagle intersection as i possible. The second drdve~way should be restricted to right- intright only. Hickory Avenue: The she has no frontage an Hickory Avenue, a collector street wRth a signalized intersection with Fairview Avenue. Trite District beGieves that a connection to ~tickory Avenue could provide necessary circulation and access to Fairvdew Avenue. 1The ©istrlct encourages the appficant to discuss these possib~stdes witty the adjacent land owner (a church). River Valley: Thg applicant has proposed extending River Va(~y only partially into the site. StafF t+omment: The applicant has not adequately addressed the continuation of River Valley lnt® the westerr+ quadrant of tttds development. This area of the development wU! require some redesign by the applicant, ACCESS TO EAt1LE R®AD The appdicarft has prcrpocl rightanlright~ut driveways an tooth the east and avast sides of Eagle Road loaxfteri approxErnately 118 mile na~th of Fairview Avenue. The applicant has proposed °J. driv+sways on lath ~e east sell west sides of l=agte Road located approxdrnately 114 mite north of Fairview Avenue_ 'T'he apptie~nt is proposing right-inhtght-out dr+veways on Moth the east and the west side of Eagle Road 1/8 nude south of the proposed'/a mite signal at River Valley. TTte Exhibit B ! • applicas^~t ~~ prcps~ing a slgtsalized irate l~s~ wins EegCe Fds~ad at the'.f mile 1ticNS (R Valley street}. Sta#(~otnsrsersly ~ista~ct is ttert rove 8f arsy ~f the pry 718 rru~e right-intr'rght-tut si ys. Tlae t~iatri€~tt rgn sat ultirraately ~a de~isi~n for the access mints on Eagle ft~ad will be rs~ade by tl~ City cif Meridian and iTL?. Howa~rer, th$ ~lstrict pursued the designation artd the requlrerrsanl; far tha',/a s,,~sfle coliect~r stream (Kilter Valley t-aZel AJI~ 1~VVaylRa~r+~ ~-venua} irr ard+~r tca provide aiternativss for ,rather than 9 additi~rxa! ecss points ~ the e highway syraterrs. cx~nmertla are preliminary in nature, arss~ the ®istrict a~cipates submitting a rns~re coursplete analysis after ttse applicasrs# has pravided ttse ~ ~ impact study. if ya~u hate asjy ques~s, please feel fires #ts ctsntact me at ~0~-387-171, in~reiy Lc~sti ~n tiartog Planning Fieviesnr Supervisor ~igh#-~4~~#ay ~ eloe~at r~ri~s ~~, Project fl!e Exhibit B • 5. IDAHO TRANSPORTATION DEPARTMENT ,akH,~ IDAHO . RANSPQRTATlON DEPARTMENT , P®, Bax 8028 l ~ ~ @oisa, ID 833707-2028 t2b~id.irP33~4-®BSgtJti '~TYON D~p4 ~~ December t4, 2007 ~ ,'~ °~~~ City of Meridian x*C~~ ~~,~~~ ~fi3 C a •~.,.. Planning Department ~. ~-- .. - - 660 E, Watartow~,r Lane SuitB 2~2 i4~lcridian, Idaho 83642 FAQ 888-8854 Rc: La~ttit3n: NWC ~ "wiEC of I3. Eagle Rand and ~. Fairvi~-~v eve. t~°1+daa*~ ~s~re~ ~t'-' Route: S1-I 55 ~U1P 13.095 Name: Centercal Prap~ertiesn LLC Cam Na. VAR A7~017 Hearing Date: January 8, 241()8 1?car Zc~nistg Administrator, 's'hank yr~a far the opparttmity io cantment an this applie:aticsrr. QU'e gre requesting that this variance application be denied. Acmes to Eagle Raad should beat locations that cc~Atply with the 1TD access p4lic~y and the F~agle Read Infrastructure Plan only. Any and all acc~9 paints, and a$.y oth~,r amc~itiES such as landscaping ~ ithirr the right of way, w711 require a permit from 1'1'U. Aces issues should be rese+lved as soon as passible Any ~~~ark dare as the State; Right t~f'4Vay will require a permit. Permit applications are available from this crffic+e. Please Pave the applicant r~ntact :Matt Wald at 815(} Chinden 131vd. 83'14 itr Boise or call X208) 334 8341 to obtain a permit application. if you have any questions please call ma at 3348901. sincerelyg t '' i Phil G'haate Barrier Planner Exhibit B • C. Legal Description & Exhibit Map • ~~ D b ^u 7 P N I N G Br-undar}~ Desarlption ~lCPlfll~il T4wr1 GEtitPJ' ~PaGQH1E JOII lqo, 6t)77Q7+b.11® .~ parcel of lead siiusafe is the east h81f of the ~utheast quarter ®f Section 5, 't oe~aship~ 3 1~'orth, lunge 1 East, the srsudawest gnatt~~ and the ~ eat half of the suulhsJest quarter of the southeast quarter of SeG3oa 4, °I ow nsirip 3','~orth, lunge 1 East, Btdso illeticliaq Arta Count~+, tdah®, and being mare paPticularly dc~eribed as follows: J .__ .1 ~..~~ Csrtasaenoiag at a bay cap marl;in,g the soittlie8st coreast ofSe~tion 5, Township 3 North, P LkedPoi'~G p~,~~ ('~ 'per 1~ y p]/~~7~,}~ g~ {~~}/-~~(y~~'A~p{~ !-lt~li~.~i 1 L'~ AUK' li°1~11PQrS, thud S ~llld 1 ~1- 17617.6111 Y`+idrl ~l.J. I ~ Thence S$9'46'Sti"t~-~° l 32?. l ] feet along the south litre of the east half of the ~` ~ southeast quartos of Section 5 to the s®uthwest revater of th® east half of the southeast ~aVl4 q~~..Gl of Sraa S; ENv31 F'RERIti U. "Thence 3V(d}}°f}6'S6"E. 45.?$ Meet along the eFest ltt~e of the t~as# half of ~ southeast ~ quarter of Section ~ to a 5r8 ir~h re6ar c+a the north right-of--rvay litta oi° E8~~t ;, ! Fair~ew Av~ue, I'' ' ~ 'Lraoecn nc ~I+L ~7 fi ~ceY~ r~G ~~i ~+.,,~ ,,1 L 6~yfl p J.lll~(~i+1~QlQ®~'JV G, 1GV~.'W LGIG6.i31~a~tI1Ne"111rQgtl~Ei o~~~r ~a~t lt7i11 '®l the ®°"'° g" W ae southeast quarter of Section S t4 a Sf$ inch rebar tnarkiBg the southeast termer of Packard Sulydiviston No. 4, Book 82 of P'lat5 at Page 8064, ri,~rds of Ada County; d :l ` 1 7'heta~ 1~t00°47°13"E, 711.69 feet 8long the east lane ofPackard Subdivision Trio. 4, --- to a 5,~8 inch reliar marking tho southeast corner of Packard Subdavisi©n 1Vo. 3, Book ` "" SURVGV 80 of l'IBts at Page S5$a, records of Ada Count}; -_ `Thence I±(t3D407°13"E, 239.1 feet along the e8st lineofPad Subdivision I+lo. 3, to flit: sautit right-of-~v8y line of Ea,~t t~lu Drlvey ~:.~~ ~,+'"~ "~ ~, ~ Th~iee lri$9°Sl'f1b'°E, 91.55 feet along the scsttth right of-way line of @esi Chateau f ~ ~ ~ A .: l)riY~; ;' i r •~ ~ ~ - -' ~ Thence 1 ~.p6 feet on 8 curare to the left having a radius 70.Q4 feet, a central angle of z ~ ~ ' ~ ~ ~ 90°t10rt}(11°', 8 chord. bearing of lri~?4~51'06"E, and a chard Iettgth of 9£3.99 feet, along m~ ~,~ . ~f c' w .,~ f said zi.~ht-of=t~8y line; ~ k F ' ~ Tl]ettce 1-700~08'S4"1Rr, ?$9.t87 feet alarag rift: said cyst right-of-uray line tp the nottfi ' lane of tt-e east h81#'®f the south~t quarter of Section 5 1 x F3 EasY VAnd~ ~£f L.~e~ Drhe fagia FA r~nis Thence Al$9~55'28"P, 721.20 fit along, the north lime of the east half of the s~outh~ist gtaarter of Setae 5, Fri Zt~BfYd~.E30Q rx <7~fers. Thence3?OQ3~1°1~l"E, 4$:~$ feed ~1°ra,c.: X7,'!€5 7~:CE~fi ~rnw a,rgza~c c~_rrr PagB ~ ~-~ .~. Exhibit C • I~ileridian Tawn ient~- itne ue+adnued.. _ Rt`~- tt~~ vNL ~~r °' ~" =~~~.~aa =,~~ra~_~~y .. arc -Sc,- " ; , ~~ ~ .,9, !! Exhibit C T°hen~ d~1~~~55'2-8'">a, 3SG.73 ~~t paraile~ wstla the nt~rth line ofthe east }calfof the saoitlzeast quarter of Ssctian ~ to the west right-n~ ways liue rsf T~inrth Eagle Road; Thencx 1I~9~55'2S"E, 7U.41t) feet parallel Frith the north line of ~e east haIfof the southeast quarter of Section ~ to the west line ctf the south~~est quarter of Section 4; T'henae 3'~Tt}U`~ 1(1'43''"E, 45.f}U feet altang the wit line of the sonthv~est cartes Qf S~tistn ~ to a lsross sag taasl.ing the west q~asr#er-aeon ccamrr of See~on 4; Thence Nti9°S I't)1 °'~, 7t).Q~J feet alcmg the izcsrth line of the southwesx quarter cif Section 4 to a bra sap rift-of-way nnESrsument, Station 14~+.5, on t3~e east ~~;ht- o~ way Iine of l~ic~rth .Eagle Rawl; Thence 1354®51'Ul "F, 125~.2E3 feet a]csxig the mcsrth line ofth~ southwest q~rter of Bastion 4 to a 5~$ inch rebar anarkiag the Gente~-west si~te:.nth-secti.®n cx~mer; °Thenc~ lrl'S~°50'~ A'"~, 133t?.fil3 feet along the tTxsrth ]itte of flee sc-uthwest quarter of SecfioA ~ tc~ a 518 inch rcbat utarlcin,~ the naltl~st comer cif the southwest quarter of Section 4; 1~c-nee SOt3°lt7'~q"~°, 1314.?3 feet along the e~mst line of the southisrest quarter of 5~.ctioa 4 to rs 1!2 inch relaar xmarking tlYe eauthwest aarner° of i~+lovcr Meada~ns Suhdi~a,sion Na. 3, Baok 24 of Plats at page 1524, ,ecrds of Ada Couat~, Thence 14IB9°5$'34'!E, 6G"~.~+7 f4't:t ~sIong the South ltae afClcrver 3al~dovrs Subdivision I~Ie~. 3, Ecs a 1,02 melt rebar ~arkirtg, ~.~ nnrlh*~ est carver of trenttu~e Subdivision„ Bonk 2 ~ e~f Plats at 1!'$ge ] 7{t4, reeords of Adu ~attnty,, T1Heace Sf8AAQ4'25''~i, 12t~6.52 few a]cmg the west Iine of V Sultdivision to ths~ Werth right-of-~v~y lirse ofEast 1:'aia~ew Auertu€~; Thence eraan~ntairag ^x(1°{14'25"W' 37.74 feat tg tTze sottih lies of Section 4; Thence NS9~46"39"LrJ, tifi4.7h feet slang the south line ~+f the west half of the sonthw~t quarter of the sontlteast quarter of Section 4 ttr a 514 inch relrar atarking the sattth quarter-sectian t~sraer° ®f Section 4; Thence NS9~4C' l ?''V4r, 2559.51 feel along the south Iiae of flee ec~uthtroest quarter Section 4 to the FAiiv-l' 8P ~~C~I~'~iti. The aha~e-described pares] ~ntains 258..39 acres, Jerre dr ]mss. ~tabject to any existir~ eFasemeat~ or rights-of-wry t~f re~rd or a~parr-ni. Page `? cif °a • t~v .^` n ~. 4 '~1FilILfAF~44'~B~.I~ q L ~ v 4 L.1' .+1 'J 3:,AP f1 ,- _ ~.CdO i~ -` ~' L1 i °L39 LC+ _r I ~ C.lJ~4+E ~A~31.~ ~_ _ z i ~Uft1#~ bEfQGTH AADI13$ OELCA 8r".AP°+4itiR? a;FIP:I~ ~3ecEL~nG~rrra ~i +m3.ss ap.ct~ q°u~- slat r° ~ I 4~'E7 '~U66FI ~:fffil$! ~°~ m'4 .p-+tPB/RltJfj~~1P18 v i i ~ - _ b3P1 @It~ 1 ~ I p P n "~ ~ ~ r Canrec 61E~."as SetEt9_'Y~ =1 L'i FI L@ , ~.~ ~ ~ II °~ h~h r ~a R~ - ,! L:~ y ~ d 5 i ;t, ~ ~ ~ ~ ~ '~. ~ ` .~ J 1 I ..~:2~ - L '' Pd t~ H PEA '°' ~~ dt® ~usis LlP F&=BPing E tzaJrvwya Ave A~f;1~JC~-'~t'~hi 't ~''~ IT P -C CT ~O.B077~[~0.~~ n EL O ~ ci N 1 N s~ ~~~~ TV~MYIY~.l~r1111G1-7 ~ IY~.' ^~~d~ c°T36:130~reaa Ctt ~ &'f,^D ~i~ ~..~.. . _ .°~.l~lt.~= t~~'~~eo~Q~' Exhibit C ~` ~dw~ ar~~~ LJNE F3~aN[~tG 'P4$~5d tY ~i a. P~Lfl4~B'SCf'@ !f a C~+.~P°f z f: .- °.Dgi"Y ~ W. ~..5. i7r8'"..a~'E ;~ N63:S'*u5'E ~ 'gym' st s C 3~&7, ~1 t r>~..~'~a'c~ a r a~ ea ~ E 1. ~A'a8`+M fie 7.Y.. f.~ ~. T.g ,~ z~ ,~~ swva'~a'r~' r*s,- ~'S9'W - R54.f t~4'6ff n7'W =bt CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds that granting the requested variance for access points to SH 55/Eagle Road would not grant a right or special privilege to the applicant that is not otherwise allowed as there are several access points to the state highway that were previously approved on adjacent properties. b. The variance relieves an undue hardship because of characteristics of the site; The City Council fords that granting the requested variance for access points to SH 55/ Eagle Road would relieve an undue hardship because of the mix of uses proposed on the site. c. The variance shall not be detrimental to the public health, safety, and welfare. The City Council fords that granting approval of the variance as requested for access points to SH 55/Eagle Road would not be detrimental to the public hearth, safety, and welfare. Exhibit D I~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 2, 2006 E. Table of Proposed Uses Code Type Use P Animal care facilityi P Artist studio) Arts, entertainment or recreation P facility, indoorsi X Building material, garden P equipment and suppliesi X Church or place of religious P worship) X Civic, social or fraternal C organizations) X A/C Daycare centers X X A/C Drive-through establishment) X P Education institution, private) X P Education institution, public) X Equipment rental, sales, and C service) X P Financial institutions X X P Flex space) X P Fuel sales facilityi X P Healthcare or social services X C Hospitals X P/C Hotel and motel) X P Industry, information) X P Laundromat) X P Laundry and dry cleaning X C Multi-family development X P Nursery or urban farm) X P Parking facility X P Parks, public and private X P Personal or professional service X P Public orquasi-public use) X X P Restaurant X P Retail store X Vertical integrated residential P project) X LEGEND permitted (P), accessory (A), and conditional (C) 1 at end of use title implies specific standards for the use exist in UDC chapter 4 Exhibit E Retail Office Residential Other Comments X X home daycare is residential; otherwise daycare is office. Home daycare is actually daycare, family or daycare, group. includes home/household, personal use, and office equipment businesses; excludes farm, industrial, and heavy equipment or machinery businesses a bank is retail; a mortgage or security broker or other financial institution is office We generally consider this accessory to the use. classification depends on general nature of use housing portion. Integrated non-residential uses count as retail or office as appropriate. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 2, 2006 ADDITIONAL Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA. Uses classified as "Retail" or "Office" above count against total allowed retail or ofFce square footages; "Residential" and "Other" uses shown above do not. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 2, 2006 F. Residential Properties at Time of Annexation (DA #Z) ~ } +~"y-=~ E a ~, r - -- r ..fit Exhibit F February 29, 2008 AZ 07-013 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Equity Development ITEM NO. 5-C REQUEST Findings for Approval -Request for annexation and zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision - 1235 East McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: e ~Q CITY WATER DEPT: ~1 ~/ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: 3 ~ 0 ~ Phone: ~ {~- Emailed: ~ ~ --211 toff Initialr. Materials presented at public meetings sha0 bec me pdroMperty of ~e Cfty of MeriaUan. ~' ~ [Rep k' A . f``C t ' }. , ~ f ~ ~ ~. ~' `1! ~: f" 1 ~ , ~ S ` ` Y'. + Jf s $[ ;i ~ ~ ItEC,EIV~33 i~it~ ~ ~Iieridia CITY OF MERIDIAN E IDIAN=-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ DECISION & ORDER In the Matter of Annexation and Zoning of 5.18 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district, AND Preliminary Plat of 16 single-family residential building lots and 3 common lots on 4.92 acres in a proposed R-4 zoning district for Matador Subdivision, by Equity Development. Case No(s). AZ-07-013 and PP-07-017 For the City Council Hearing Dates of: January 22, 2008 and February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 22, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 22, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 22, 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-013 & PP-07-017 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 22, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/20/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 22, 2008 incorporated by reference. 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 January 22, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-013 & PP-07-017 -2- i ~ time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of January 22, 2008. By action of the City Council at its regular meeting held on the ~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIlZD VOTED MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) Weerd Attest: ~" °'~® _ ~,~ -~ Jaycee lman, City Clerk ~ '~ T ~~~ .' ~ ~~ ~~> 111j iI11N\\\ Copy served upon Applicant, The Planning department, Public Works Department and City Attorney. Dated: 3" ~ ~ "Up ity Clerk's O fice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-013 & PP-07-017 -3- CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 STAFF REPORT Hearing Date: January 22, 2008 (Continued to February 19, 2008) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Matador Subdivision • AZ-07-013 E IDIAN-- 9~~,~ Annexation and Zoning of 5.18 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district. • PP-07-017 Preliminary Plat of 16 single-family residential building lots and 3 common lots on 4.92 acres in a proposed R-4 zoning district. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Equity Development, has applied for Annexation and Zoning (AZ) of 5.18 acres from RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 3 common lots on 4.92 acres of land for Matador Subdivision. The site is located at 1235 E. McMillan Road, approximately % mile west of N. Locust Grove Road, in Section 31, Township 4 North, Range 1 East. This property is currently referenced as Assessor's Parcel Number 81608650120 and was previously platted Crestwood Subdivision No. 1, Lot 5 Block 1 in Ada County. This property is within the City's Urban Service Planning Area and Area of Impact. The City's Comprehensive Plan Future Land Use Map designates the subject property as low- density residential. 2. 5UlVIIVIARY RECOMMENDATION The subject applications (AZ-07-013 & PP-07-017) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the AZ & PP applications. Staff recommends approval of AZ-07-013 and PP-07-017 for Matador Subdivision, as presented in the Staff Report for the hearing date of October 18, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these item(s) on October 18.2007 and November 15, 2007. At the public hearing the Commission moved to recommend aooroval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Sabrina Whithead. Auulicant's Representative ii. In opuosition: None iii. Commenting• None iY. Written testimony: None Y. Staff Aresenting application: Bill Parsons ~. Other staff commenting on apulication: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. The zoning au>proved with other residential oroiects in the area surrounding the Matador Subdivision. Matador Subdivision AZ-07-013 & PP-07-017 PAGE 1 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 c. Kev Commission Change(sl to Staff Recommendation: i. None d. Outstandine Issue(s) for City Council: i. The applicant is to revise the Preliminary Plat showing the tot lotlpicnic area within the proposed development. itv Council heard these items on January 22.2008 and Februarv_19.2008. At the February 19a' public hearing the Council approved the subiect A7, and PP requests. a. ~. favor: Sabrina Whitehead (Applicant's Representative) zi. opposition: None 'u~i Commentin~• None ~v. Written testimony: None v. taff presenting application: Anna Canning yi. Other staff commenting on application: None ~_ Kev Issues of Discussion by Council: ~. Revisions to the preliminary plat recommended by the Planning and Zoning Commission. ~i The new preliminary plat revisions discussing the relocation of the rainage lot. enlars?ins? the width of the common lot (Lot 7. Block_1) and amenities for the site recommended by the Planning and Zoning Commission. g, Key Council Chaage to to /Co mis. ion Recommendation )s 'ke th_rough condition 1.2.5 , no loner ak i able. ii. Change the.~reliminarv plat date in conditions of aouroval. ~. 'ke t rough provision in Condition 1.1.2 rea~~ the reduction for the lot ~g~,gg~for the old plat) and add a provision req~g the tot lot and picnic tables be constructed on Lot 7, Block 1 as pro ol~ sed• lY. Revised preliminary plat and landscape rendering to be included 'n E hibit A. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-013 and PP-07-017 as presented in the staff report for the hearing date of January 22, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 013 and PP-07-017 as presented during the hearing on January 22, 2008, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07-013 and PP-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS Matador Subdivision AZ-07-013 & PP-07-017 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 a. Site Address/Location: 1235 E. McMillan Road Section 31, T.4N., R.IE. b. Applicant: Equity Development 13965 W. Chinden Boulevard, Suite 109 Boise, ID 83713 c. Owner: Vince Covino 13965 W. Chinden Boulevard, Suite 109 Boise, ID 83713 d. Representative: Sabrina. Whitehead, Briggs Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning (AZ) of 5.18 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 3 common lots on 4.92 acres for Matador Subdivision. The applicant is proposing to set aside 0.40 acres, or 8.1 % of the, site for common open space. The proposed gross density for the subdivision is 3.25 dwelling units per acre with a net density of 4.02 dwelling units per acre. 1. Preliminary Plat, labeled Preplat, prepared by Briggs Engineers, REVISED dated '%'~ 11/20/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet LP 1.0, prepared by Beck & Baird Landscape Architecture, dated 8/03/07 (attached in Exhibit A) h. Applicant's Statement/Justification: The applicant is requesting approval to annex and zone the subject property to the R-4 zone and plat the property with 16 single-family residential building lots and 3 common area lots. The proposed net density is 4.02 dwelling units per acre with a gross density of 3.25 dwelling units per acre. The applicant is proposing 0.40 acres or 8.1 % of the site for common open space. The application has been submitted in accordance with all requirements and provisions of the UDC. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: October 1, 2007 and October 15, 2007 (Planning and Zoning Commission); December 31, 2007 and January 14, 2008 (City Councill G- Matador Subdivision AZ-07-013 & PP-07-017 PAGE 3 i }} ' ,~ ~1 t , ~` ~ ~ ~ ~ ~ i s 1'~ ~~ I E { i ~ ~ i ~ ' ~ ~~i ` t , ~ i' ~ ~ ~ ~ k 1~ { 1 € s 3 ~ i ~~ ~ '' E ~ ~ ~ 4 i { i ;s~ ,' r ; ~ 4 ~ ~ ~ ~ ~ i E 4 1 ~ . ~ r: z t q " ~ ~ r ~ ~ f. F `{ ~ ~ ~.~ ~ .1~'s ~ ~ ~~ ~ £~ ~ F ~ r i 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 d. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Planning and Zoning Commission); December 28.2007 (City Council) e. Applicant posted notice on site by: October 8, 2007 (Planning and Zoning Commission); January 12, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): A single family residence with two associated out buildings. The existing home is to remain with removal of the out buildings upon approval of the proposed subdivision. b. Description of Character of Surrounding Area: Single-family residential uses with associated agriculturaUpasture land. This area is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Tustin Subdivision, zoned R-4 2. East: Single family residential /Pasture land, (Crestwood Subdivision), zoned RUT (Ada County) 3. South: Single-family residential homes (Havasu Creek Subdivision), zoned R-4 4. West: Single family residential /Pasture land, (Crestwood Subdivision), zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Mooney Fall Way or N Heritage View Ave. Location of water: E McMillan Rd Issues or concerns: 1.) The timing of development to the construction of Sewer. Also obtaining an agreement for a Sewer easement from 1157 or 1335 E McMillan Rd. 2. Vegetation: There are existing trees on site. The applicant states the trees are to be removed due to poor health. Prior to submittal of the final plat, contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protection per the landscape plan. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Parkins Nourse Lateral exists along the, southern boundaries of the proposed subdivision. The existing ditching has already been tiled and the applicant has informed staff it is a private irrigation ditch. 5. Hazards: None known 6. Proposed Zoning: R-4 7. Size of Property: 4.92 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 3. Total Building Lots: 16 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 19 7. Open Lots: 0 8. Residential Area: 4.92 acres 9. Gross Density: 3.25 units per acre (Net density: 4.02 units per acre) 10. Lot Sizes: Lot sizes range from 8,094 square feet to 16,875 square feet g. Landscaping: 1. Width of street buffer(s): A 25-foot wide buffer is required along E. McMillan Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 8.1 % or 0.40 acres 4. Other landscaping standards: Landscaping must be provided within the common area lots in accordance with UDC 11-3G, Common Open Space and Site Amenity Requirements. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewalk) 15 15 Side accessed garage setback (from back of sidewalk) 15 15 Front accessed garage setback (from back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 15 Frontage (detached, with garage facing street) 60 60 Frontage (cul-de-sac or at approx. a 90° angle) 30 30 Minimum property size 8,000 (s.f.) 8,000 (s.f.) Maximum building height 35 35 Minimum living area (detached) 1,400 (s.f.) 1,400 (s.f.) Minimum ground floor area for multi-story units 800 (s.f.) 800 (s.f.) (No changes to the dimensional standards in UDC Table I1-2A-S were requested or approved with this application.) i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from a public street to/from E. McMillan Road, a minor arterial roadway. Internal public streets are proposed with 36-foot wide street sections within 50 feet ofright-of--way with curb, gutter and 5-foot wide attached concrete sidewalk dedicated Matador Subdivision AZ-07-013 & PP-07-017 PAGES ,? ,, ~,; ~; ? ; ~ i ~ `' ~; ~ f ~ ~ . ~~ 1 e ' ~ ~~ ~ fir ~ ~ ~, ~ 1 ,~ - s ~ ;' 1 , ' rr ( { ' , £ i~ I ~ . ! i ? i i F t ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 to ACRD. E. Copper Ridge Street is stubbed for future connectivity to the parcels along the western and eastern property boundaries. Please see the conditions listed in Exhibit B of the staff report for further details. Direct lot access to E. McMillan Road is prohibited; except for the public street access approved with this subdivision no other vehicular access to McMillan Road is allowed. 7. COMMENTS MEETING On September 28, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 16 single- family residential building lots on 4.92 acres for a gross density of 3.25 dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • 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 lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). 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 of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Matador Subdivision AZ-07-013 & PP-07-017 PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 The applicant is proposing a residential zone. This zone is compatible with the surrounding residential subdivisions. Staff finds that the proposed development is compatible with the existing residential and agricultural uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping and perimeter fencing along E. McMillan is proposed and will be provided on the site in accordance with UDC I1-3B-1 and UDC 11-3A-7 as shown on the landscape plan submitted with the application. The applicant has indicated several trees slated for removal due to poor health. Prior to the removal of the existing trees, the applicant needs to contact the City Arborist to have the existing trees surveyed to mitigate for the removal of existing trees in accordance with UDC 11-3B-10. Signage for the subdivision should comply with UDC I1-3D and will require separate sign permit approval. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to E. McMillan Road, a minor arterial roadway. No driveways or other access is proposed. Other than the public street access shown on the plat, access to N. McMillan Road will be prohibited. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Perimeter fencing is only being proposed along the E. McMillan Road,• however prior to construction of any buildings, temporary fencing will be required around the perimeter of this site to contain debris on site. 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. The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing single family detached homes on lots ranging from 8, 049-16, 875 square feet in size, which Staff believes will provide the City with a variety of housing opportunities. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street is proposed at the west and east boundary from E. Copper Ridge Street. Staff believes that the proposed stub street connections will provide good connectivity the parcels bordering the property, when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of Matador Subdivision AZ-07-013 & PP-07-017 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on September 20, 2007, by Dean W. Briggs, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the conceptual elevations shown in Exhibit A. The features that staff approves of are the gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The submitted elevations would indicate hardie plank siding or wood siding with variations in siding styles including wide plank, shake siding and board and batten siding. The front facades are accented with stone veneer with varying shutter designs. The applicant should construct homes on the site that contain the above-mentioned design features. Staff is including a Development Agreement requirement that the applicant include these design features in future homes built in this subdivision. Building materials and colors were not indicated with this application. Staff is generally supportive of the conceptual elevations; however staff believes the applicant shall state building materials and colors for the proposed single family homes. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property develops consistent with the conditions of approval. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-013), and on file with the City Clerk's Office. The applicant should construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases and front facades accented with brick/stone, and covered porch areas. Building materials should be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) painted in earth tone colors. Matador Subdivision AZ-07-013 & PP-07-017 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R-4 zone per UDC Table 11-2A-5: All proposed lots meet the dimensional requirements of the R-4 zone for property size and street frontage. Lot sizes range from 8,094 square feet to 16,875 square feet. All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2A-5 and #6h above. Parkins Nourse Lateral: The Parkins Nourse Lateral runs along the southern property boundary of the proposed subdivision. The applicant contacted the Settler's Irrigation District and was informed the ditch was private. Therefore, the applicant is not responsible to enter into a license agreement with the irrigation district. The preliminary plat submitted with this application indicates the existing lateral is tiled. Per UDC 11-3A- 6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Landscaping: The landscape plan submitted for this project, prepared by Beck & Baird Landscape Architecture, labeled Sheet LP 1.0, dated 8/03/07 shall be modified as follows: • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Mitigation information shall be provided on the landscape plan submitted with the final plat. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Common Areas/Open Space: The applicant has provided 0.40 acres (8.1%) of landscaped common open space. The site is less than five acres in size and is not subject to the 10% minimum open space required by UDC 11-3G-3A-1. However, ezcept for the landscaping along McMillan Road and one common lot that is proposed to contain storm drainage, there are no amenities on this site. Staff believes the applicant should shorten the width of proposed lots 2 and 3, Block 3 and recommends adding a picnic area or tot lot within the proposed development. As mentioned earlier the total acreage being platted for the site is 4.92 acres. Staff believes this site is close enough to 5 acres and should be comply with the 10% open space requirement. If this change is made, staff is supportive of the amount of open space proposed with this development. Maintenance of all common areas shall be the responsibility of the Matador Subdivision Homeowners Association. Drainage: A seepage bed for stormwater drainage is shown on Lot 1, Block 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be Matador Subdivision AZ-07-013 & PP-07-017 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: One access point from E. McMillan Road is proposed to this subdivision. Internal public streets are proposed with 36-foot wide street sections within 50 feet ofright-of--way with curb, gutter and 5-foot wide attached concrete sidewalk to be dedicated to AC)=ID. E. Copper Ridge Street will provide future connectivity to the parcels along the western and eastern property boundaries. Except for N. Matador Drive, access to E. McMillan Road is prohibited. Staff is supportive of the proposed access point to the subdivision and the number of stub streets provided to adjacent parcels for future connectivity. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: Perimeter fencing is only being proposed along McMillan Road as shown on the submitted landscape plan. At the public hearing, the Applicant shall state if fencing along the other perimeter boundaries will be constructed. All perimeter fencing must be installed prior to issuance of building permits. If permanent perimeter fencing is not installed around the entire site, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-07-013 and PP-07-017 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ-07-013 and PP-07-017 for Matador Subdivision, as presented in the Staff Report for the hearing date of October 18, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Plannine & Zoning Commission heard these/this item(s) on November 15.2007. At the public hearing they moved to recommend approval of the subiect AZ and PP request. he Meridian Citv Council heard these items on January 22.2008 and February 19.2008. At the ebruary 19a' public hea 'n the o ~nc'1 approved the cnhier_t A7. And PP r .n_nectS 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Revised Preliminary Plat 3. Landscape Rendering Matador Subdivision AZ-07-013 & PP-07-017 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Matador Subdivision AZ-07-013 & PP-07-017 PAGE 11 ~ p~ ~ ~ I { J ~ 9 1 ~, i ~ a ~ I S 7.' ~ ~ ~ 1 ~ , I~ ~ + ~ ~ ' r + ~ I 9[ ~ ~ ~ e 4 i -f. I F t~ ! 1 S ~ i ~ 3 ~ ~ I ( ~ z i i ~~{ ~ y ~ ~~ 1 ~ ~ ~. ~ ,~ 1 f { ~ ~. ~ ~ ~ I ~ ~. P } i ~ ~ y , i i s'' ~ I i~ r~ gg 7 t 1 ~~ ~ 4~~ ( ~~ , ~ '~ '~ ~ i T T y, c- x ~ jj ~ . k i ~ i ~ _4 l , ~ ~ ~ ~ ~ ~ fi~, 1-~ r 2~, ~ 1 ~~ ~ ~ t ~ ~ ~ ~ ~ ~I ~ $ $ ~ F~. 2 i - ~-3 ~ ~ i t ~ . 1 ' .~ ~ ~ m ~ i ~ ¢ ¢ I ~ _ f ~ . 2 ~ f _ ~ ~ ~ _ __ k ~ ~., c 3 i ~ 5 L ! ~ ~ v ~' ~ ~ ~ -~ SS ~~ s z ~ ~~ ~ ~ ~ s ~ ~ ~ ~~ 4f~ € ~ d ~ t ~ ~ ~ ~. 1 5~ 5 i 7 ~ r ~ ~ . {i i h~ ~ ~ ~ .~ . ~ ° b~ ~_ ; . {{{ ~ ~ 'r ~ E 't~ ~ , ~ a 1 f ` ~ r.~ ~ ' ~~} ~ ` f. ~ ~ F i (~ e ~ Fl ~ - . . ;~ ~ ~ ~ 3 i~ r j ~ ~ _ ~ i i . - ~ 11 i ~ ~ d° 3 ' ; ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 A. Drawings 1. Vicinity Map L4RK DDD ~~ ~ Q R-4 0 ~,~ ~sy~so ST/N I ~ f ~ ~,>~ 001 C ~ ~eSQ'`° `' o RUT ~ ~ ~ ,~ "~, a ~f R-4 ! y ~ !!! i ~ ~ a ~a i ° ° RUT ~ ~ R-4 W°OOD f SUB l!//SIt7N .. _. _ J L._.-__.._-- E McMlLLAN RD ._.. _ _ _._. _._. ----- E McMIL/rLN RD R-4 RUT I R-4 ORES OCD NO 1 ' ~ f 'r R-a RUT ~ P it I : ' ~ ~~ ~ ? R-4 o ~~~ Q E CAAND CAN!'ON ST E GRAND CANYON ~,~ ,~~ ice. -) ~ ; ~ ~ I ~ ~i `~i '~I I~ ~~ Icy W ,~ ~ ~ ~ ~ ' '1 U CRCE ~ , ~ i a x z 41 ~ ,, _ D ID3 $ CREE ~ s ~ REp Roca DR ~ _ _ °_ E RFD ROCa OR 2 E R_ED ROCK DR R 4 ~ I NO 0 v~~~ j z ~~ ~z j ' I ~ R-4 Q E STAR_ DR ~ ~ ~ ~` ~~ R-8 s REV6~DN: 07/25/07 er- mK MATADOR BRIGS ~"~~"~~~~~ ~~• ESTATES BRIGGS sneET : 7 OF t VICINIT' MA4P ENGINEERS P9ANNERS Sl7RVEVDRS 67gG DATE: D76'G N0. SGaLE: These drorrtgs, er any portion thereof, shoo wl be used 05/31 /07 TDK 70412 1 "- 300' on ony ProjeN or extensions or this Pzjact a¢:.ept ay \70472-PREPLAT.drg 7DK wrxten pgreemeny tram Briggs Erg~neering, Bu. Exhibit A { ~ „ , + I I 3 I I ~ ~ , c j ~ ~ , ~' ~~ 'i ~ t ~ ~ C ~ ~ ~ 't ~ ~' ~ f ~f I ~ ~ tt I 1 ! ~ _~ ~ ~~ l ~ . 1 i ~~ ~ f ~~ ~ is ; ~. ! ~ I ~.. ~ ~ f ? i !! i 9 ~ 2. } ~ 1t r ' ~ ~ 1- ~ i i f.' u a , t ~ ~ ' ~ I S ~.~ ~ ~ ~ t ~ I 9 i r ;. ~ ~ ~ i i I ~ ~ ~ ~ ~ 1 r ~' I ~ ~ ~ e I ; j ~; '; I ~ , ~ . I , t ~ I ~ s { S, i ~ t . ~ ' ( ~ , . , f x 4 ~ 3 ' ~ ~~ ' I R ~ t' i ( ~ y ' , I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 - --~ -_, y -M 'r Exhibit A 2. Pre iminara Plat • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A 3. i.andscane Rendering ,' c. Ob'C~~! Ntt`I`IIW~W '~ - - - _ I" ~I i LJ ~ . .A,~ • I- ~H try ~~ ~ ,~O ~I Q ,ice '= -~ `~~ ~Z ~i' ,~ _- --- ~t u - - _ ~;' • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 4. Elevations Exhibit A .Z O Q W J W O Z O Q W J W H Z Q LL • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z Q W J W H Z O GC W Z O W J W O • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z Q W J W O Q LL Z a W J W N Z Q W CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z Q W J W Q W Z O Q W J W 0 W CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z 0 H Q 9 W J W H Z O Z O Q W J W N Z O oC • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z O Q W J W 0 LI. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on September 20, 2007, by Dean Briggs, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement 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 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following information: The developer shall construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-013), and on file with the City Clerk's Office. The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases and front facades accented with brick/stone, and covered porch areas. Building materials should be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) painted in earth tone colors. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet Preplat, prepared by Briggs Engineering, dated ~A7 11/20/07, is approved with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-07-013) and the development agreement for this site shall also be considered conditions of the Preliminary Plat (PP-07-017). 1.1.2 The landscape plan prepared by Beck & Baird on 8/03/07, and labeled Sheet LP 1.0 shall be modified as follows: Perimeter fencing type and details shall be submitted during final plat review; please revise plan accordingly. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit a letter (plan) prepared by the City Arborist with the final plat application. Tl.o .. «1;..,.«r ~L..,11 ~L.....Fe« t1.e ...;mil+t, ..~F««..«..~e.7 1,.~.. 7 ..«,7 ~ Dl,.,.l,'] _ra _aa rr y , ~- - ---- . Construct a tot lot and picnic tables on Lot 7 Block 1 as proposed on the landscape rendering in Exhibit A A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 proposed by Staff. The preceding modifications and notes shall be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 The applicant shall submit a detailed fencing plan with the fmal plat application for the subdivision. Either permanent perimeter fencing or temporary construction fencing shall be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.4 Maintenance of all common areas shall be the responsibility of the Matador Subdivision Homeowners Association. 1.2.6 Except for N. Matador Drive, access to E. McMillan Road is prohibited; a note shall be added to the face of the fmal plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located in N Mooney Fall Way and N Heritage View Ave. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 2.2 Water service to this site is being proposed via extension of mains in E McMillan Rd. 2.3 The applicant shall install sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department. 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. 2.4 The applicant shall comply with the Department of Environmental Qualities Best Management Practice with calls for 20-feet of separation between an infiltration trench and any building foundation. If necessary a special setback shall be depicted on the final plat. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of the public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.14 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.12 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, 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. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.14 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. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 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. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22.2008 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Where a portion of the facility or building hereafter constructed or moved .into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.7 The existing home shall be re-addressed off of N. Matador Drive. 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 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 Contact the City's Arborist, Elroy Huff at 888-3579, to establish a tree mitigation/protection per the landscape plan. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B ~ ~ v y ~ r ~ '~ P ~ ~ j { ~~ ~ € i 5 { ` ~ 4ii ~ ~ '~ t r i I ~ ~ ~ ~ ~ . i ~ ~ V ~ I ~ i ~' ~-t 1 ~ ~ i ~ ( ~: 4'. F ~ ~ 1 i (( C ~ ~ i~ ~ ~ T f f f l ' ; ~_ f i I { i ~ ~ ~; a' ' ~ . f f ' ' I ~ f ~ e ~ I ` t ~ ; '` s' ~ ~ ~ 1 ~ ~ , 1 I f ~ ~ ' j _ 3 ~ ~ E E ~ , ~ , ~ ~ ~~~ F k y i~ ~~ ~ ( [ { ~ . I i ~ ~ { i7 ~; i i ~ . ~ ~ ~ ~ i a ~ d ~ i i- c ~ ' z } ~ ~ ~ ~ ~: ~ ~ ~ 1 E ~ f ~ G t • i ~ ~ ', i p s ~ j i ~~: - ~ ~ r ~ ; ' ~ i t , ~ I E' i! ~ ! ~ s ~ ~ i ~ ~ ~ , i ~ r e ~ h 1 ~ ~ ~ ( ~ i 1 ~ ~ ~ ~ ~ , f ~ ~ ~ t ~ i y i, . ~ ; [ i E ~ ~~ i t . • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate either 35 feet or 45 feet ofright-of--way from the existing centerline of McMillan Road abutting the parcel. A dedication of 35 feet will facilitate roadway improvements required by the Capital Improvements Plan and leave the sidewalk within an easement. A dedication of 45 feet of right of way will facilitate roadway improvements and include sidewalk within the right of way. The right of way purchase and sale agreement and deed must be completed and signed by the applicant prior to the scheduling of the final plat for signature by the ACHD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 38-feet from the centerline of McMillan Road along the entire site frontage to align with Clearsprings and Hatpe Subdivisions to the west and east of the site. If the sidewalk is located outside of the righ of way, the applicant must provide a sidewalk easement. 7.1.3 Locate one entry road on McMillan Road approximately 170-feet west of the northeast property line (measured properly line to centerline) 7.1.4 Construct the entry road and internal roadways as a standard 36-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5-foot wide attached concrete sidewalk. 7.1.5 Construct a stub street to the west and east, located approximately 160 feet north of and parallel to the south property line. The stub street shall align with and connect to stub streets originating in Clearsprings Subdivision to the west and Harpe Subdivision to the east. The actual alignment of these stub streets is required. A sign shall be installed at each terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.". 7.1.7 Construct the intersection of N. Matador Street and E. Copper Ridge to function as a alternate, T- type turnaround, with curb radius at the two corners a minimum of 18 feet. 7.1.8 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 ACHD roadway or right-of--way. 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 maybe 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 Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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 Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 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 is 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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 confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the properly 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Environmental Quality. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 The existing home septic system appears to impact Lot 3 of Block 1 of the proposed subdivision. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. Contact SID for any additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water from the current delivery point. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit B 1 ~' Y mil ~'1 jfr ..11 TM i f ~ ~~ ~ ~ 'F~. i # ~ ~ ~ i ~~ ~ ~ "~ t ' C- 1~ iFF'~ J a r Y ~ 7l ~ ~f ~ 7 ~~ I XXEE i ~ t ~ ~ ~ ~ "~ ` ~ I ~ ~ ~ « ~ ~ ~ ~r ~ i - rt { ~ ~ f ~, jti 1 ~ - Al i ~ ~ i7 ~ ~ I t ~ ~ i ya f e ! r~~ I ~ ~~ ' 4 ~ ,~ ~ ~ ~H i ~ ii ~ '1 ~ r 1111 P ~ ~'t F '~ 1. ~ ~ ~ ~ ~ l,~ i Rr ~ i ~~ `, ? , ~ ~' j~ 4 ,4~ ''~ ~ 1 ~ l ~ ! ,~ ~~~'r'~ ~, + F i~, x a "~ ~ ~~ ~ ~` j l i i i ~~ E ~ ~ f ~r 1 2~' `' S ~ !1 3 ~ ~g,~ .s ~ t ~ ~ tF r ~ of * ~~ I?i, a ~ ~,_ ~i~ t rr~ `' ~ ® • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 18, 2007 C. Legal Description & Exhibit Map DESCRIPTION FOR ANNEXATION OF PROPOSED MATADOR SUBDMSION SEPTEMBER 20, 2007 A PARCEL OF LAND BEING A REPEAT OF LOT 5 OF THE PLAT OF CRESTWOOD SUBDIVISION NO. i , LOCATID IN THE NORTHEAST 114 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31, THENCE N 89°46'01" W ALONG THE NORTH LINE OF SAID SECTION 930.93 FEET TO THE REAL POINT OF BEGIlVNING OF THIS DESCRIPTION; THENCE S 00°33'41 ~ W 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF E. MCMILLAN ROAD AND THE NORTHEAST CORNER OF LOT 5, CRESTWOOD SUBDMSION NO. 1, FOUND IN BOOR 28 OF PLATS AT PAGE 1757, ADA COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT 5 THE FOLLOWING: THENCE CONTINUING S 00°33'41" W 629.36 FEET TO A POINT; THENCE N 89°57'56°' W 340.39 FEET TO A FOATT; THENCE N Od°33'41" E 630.54 FEET TO A FOINT ON SAID SOUTHERLY RIGHT OF WAY OF E. MCMILLAN ROAD; THENCE CONTINUING N 00°33'41" W 33.00 FEET TO A POINT ON THE NORTHLY LINE OF SAID SECTION 31; THENCE S 89°46'01" E ALONG THE NORTHERLY LIlVE OF SAID SECTION 31 340.3$ FEET TO REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 5.18 ACRES, MORE OF LESS. REd1E~ P~R6a1~6 BV .-- t' DEAN W. 70412-ANNEX BDY.DOC Exhibit C P.L.S. 3619 MERI6IAN PUBLac Nl<7RF(S f3EPT. f ~ ~ ~ ~ ~ ~ ~ ~ ~ i C !~ ~ ~ ~ 1 S ~' F ~..C. ~ n ~ ~ ~ 4' e ,~ ~~, ' ~~ t ~ ~ ~ ~ ~ t { ~; i , i f r ~ ~ ~ ~~ ~ ~ ' ~ i E ~ ~ .., x ~ ~ B~'~F'. 1 -~ ~ r ' . ~ ~ ; k ~ ~ ~ ~. ~ ~ E , ~ ~,~ ~ ~' ~ ~ " I ~ - t ~ ' ~~ i ~ s' i , ~ x i. ~~ ~ ~ ~ ~ ih ~ ~~' I 3 i I ~ ~' ~` ~ a ~ ,., li i o • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 1 S, 2007 ANNEXATIuN EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION PLAT OF PROPOSED MATADOR Si1'BDIVISION A RESsiBDMS,DY of LOT 9 ~' ei~ritWDL1D S1tBDN5101d N0.1 kND A PA471DN OF iNE N'DRTNWEST 1/4 OF THE NORTHWEST 1/4 OF $ECti~l Jt, T.4N.. R.t1y., B.M. RfVIE ~VAL taTwxaN. °~` COUN7Y. '°"°'° ®Y 2007 I I 1 I 1 i S'~ I I I I 1 ~ i t t , ( ~ I I ti I I I I I ~ 1 ~ t I ~ I t t i i ~~ i i i i i i cR~,~~t ~ ~~ i ~a -i---J .J--_ _~-._--L___L---l..-J 1---J-~--~---L---~ I t- r---~--- ---•-•-----~-------- - - --------- -- ---------i --- - -- E. TRsNITY SPRINGS ST. ~ t ---- i -----, ` r----~-----•- -------- , ~ i ~.-------I ------\1 i r~----- ~ -----~1 !~ s i p i ~ I ~ ~ ; ~ i ~ t 9 L s ; ., REY~°" ` ~"~ I PROPOSED MATADOR SUBDIVISION SHEET : 1 pF t ~,(~ ~p ANNEXATION E30UNDARY EXHIBI ~ ~'-11 ~ ~ u DNG DnTE: awc ND. scuiE \7oat2-Bar ExH.DWG 09/11/07 TRT 70412 1"- 140' Exhibit C eeioas ~au~ca, n~a BRIGGS ENGINEERS PiANNERS SURVEYGRS ,e~ w. ousro.aro Roar • • may egos • (2~)s4a-9zc These arcairtge, or any part;o~r lhwed, shdi not Da use an anY Poect or atsnriions of th's Project e!teepl by wr;tten aareemeni from er;aaa Ertoineer;na. ira n ~. a` ~'~ ~ ~ ~_ ~ { ~ ~ c e s ~ ~ t ~ ~~ I 1 ~ ~ ~ ~ ~ ~ i. i; ii ~ a 9 ~ ~ t I ~ , - ~ 3 ~ s f z ,~~` ' ~ ~ ~ ~ ~~ ~ ; pI ~ , ( s •~ ~ ~ ~ _ 8 1, ~ p k ~ ~ [[ 1 I 1's 1 ~ ~ 3 i C ~ f ~ 3 ~ ~ ' ~ s ~ 7 F ~ I { ~ . ~ '. I ~ i ~~ ~~, I ~ ~ ~ ~ e ~ 1 t y ~° ~ ~ `~ ~ i i~E' ~ ~ I j' F ~ Y ~, a ,~ ~ I' ~ ' ~.. ~ ~ t i k i ~ .. E~ t' 3 • tl 4 [ i I' ~ ~ I g$ ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that single-family residential detached dwellings are allowed within the requested zoning district of R-4 as principal permitted uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the variety of lot sizes proposed. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staffreport. 5. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. In accordance with the findings listed above, Commission finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1, 2007 layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D f ~ ~ w ~ ~. ~;: ~ r E ~~ E r~ E ' € 111.. ~. i ~ p! ~ ` '- I ~f ~ r << ~ ~ is j ! ~ ~ ~ r ~ It; I ,, ~~ ~~ i ~ ~ ~ i ~~ f i t i ~ ~ r ~ f ~ { 4~ ,i, { ~a ~~' ~ ~ R i r `I c L February 29, 2008 PP 07-017 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Equity Development ITEM NO. 5-D REQUEST Endings for Approval -Request for Preliminary Plat approval of 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision - 1235 East McMillan Road AGENCY Date: Phone: Emaded: ~~~n ~r~~~~~w- AAateriats presented at public meetings shall become properly of tire City of Meridian. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~: ``f~ S (~ t E~ f ~: ~~ COMMENTS See attached Findings 4~ PQ ~` k~ r ~ i . ` ~ ~ rt !! ( t ~ f I i ~ ~ ~~ i s ~ ~~ f 1 i . 1 ~ ~~ 1 ,~ ~ Y ` ~ i M ~ ' ~~ 1 ~'` ` 1 { ` E ~I , f i 1 '` ~ ~ I` `~ , t ~ 13 ~ , c ' 7 ,. i ~~' 111, i '` .i i ~? 5y~ E - ~ ~ ~ ~~~ ~ EEC 2 ~~~ City ~Jf meridian City Clerl~ Ccc CITY OF MERIDIAN E IDIAI`~T FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ `~ DECISION & ORDER In the Matter of Annexation and Zoning of 5.18 acres from RUT (Ada County) to R 4 (Medium low-density residential) zoning district, AND Preliminary Plat of 16 single-family residential building lots and 3 common lots on 4.92 acres in a proposed R-4 zoning district for Matador Subdivision, by Equity Development. Case No(s). AZ-07-013 and PP-07-017 For the City Council Hearing Dates of: January 22, 2008 and February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 22, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 22, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 22, 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-013 & PP-07-017 -1- • 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 Deparhnent and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 22, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/20/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 22, 2008 incorporated by reference. 3. 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 January 22, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-013 & PP-07-017 -2- i' time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of January 22, 2008. B action of the City Council at its regular meeting held on the ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIlZD VOTED MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) ~~ ~c~~l~ a,```\`a~,~l1~+a r~T~a~my de Weerd { s Attest: ``~ ~'~ d'~R„'% °~~ /J A,v~t.P.e- AI.~ Jaycee Dolman, City Clerk Copy served upon Applicant, Attorney. ~, ., The PY'~.~iing. D,~~tnient, Public Works Department and City B Dated: 3° I ~"®~ i Jerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-013 & PP-07-017 -3- .. !' ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 STAFF REPORT Hearing Date: January 22, 2008 (Continued to February 19, 2008) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Matador Subdivision • AZ-07-013 E IDIAN~--- 9 X5,4 Fi Annexation and Zoning of 5.18 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district. • PP-07-017 Preliminary Plat of 16 single-family residential building lots and 3 common lots on 4.92 acres in a proposed R-4 zoning district. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Equity Development, has applied for Annexation and Zoning (AZ) of 5.18 acres from RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 3 common lots on 4.92 acres of land for Matador Subdivision. The site is located at 1235 E. McMillan Road, approximately % mile west of N. Locust Grove Road, in Section 31, Township 4 North, Range 1 East. This property is currently referenced as Assessor's Parcel Number 81608650120 and was previously platted Crestwood Subdivision No. 1, Lot 5 Block 1 in Ada County. This property is within the City's Urban Service Planning Area and Area of Impact. The City's Comprehensive Plan Future Land Use Map designates the subject property as low- density residential. 2. SUMMARY RECOMMENDATION The subject applications (AZ-07-013 & PP-07-017) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the AZ & PP applications. Staff recommends approval of AZ-07-013 and PP-07-017 for Matador Subdivision, as presented in the Staff Report for the hearing date of October 18, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these item(s) on October 18.2007 and November 15, 2007. At thepu_blic hearing the Commission moved to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Sabrina Whithead, Applicant's Representative ii< In opposition: None iii. Commenting• None lY. Written testimony: None ~ Staff presenting application: Bill Parsons yi. Other staff commenting on application: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. The zoning approved with other residential proiects in the area surrounding the Matador Subdivision. Matador Subdivision AZ-07-013 & PP-07-017 PAGE 1 ~~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 c. K_ e_y Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. The applicant is to revise the Preliminary Plat showing the tot lot/picnic area within the proposed development. be Meridian Citv Council heard these items on January 22.2008 and February 19.2008. A .the ebruarv 19a' public hearing the Council approved the subiect 7, and PP reauectc as ~. In favor: Sabrina Whitehead (Applicant's Representative) In opposition: None 'Lu. Commentin~• None lv Written testimony: None v. Staff presenting application: Anna Canning y~. Other staff commenting on application: None ~_ ev Issues of Discussion by Council: ~. evisions to the preliminary plat recommended by the Planning and Zoning Commission. Li. Th new preliminary plat revisions discussing the relocation of the d ainage lot. enlarging the width of the common lot (Lot 7. Block 1) and amenities for the site recommended by the Planning and Zoning Commission. ~_ Kev Counci Changes to Sta /Co mic. ion Reco m ndation L tri_ke th_rou¢h condition 1.2.5 . no longer anpLicable ii. hange the pre iminary plat date in con ition of approval iu, S 'ke t rough provision 'n Con ition 1.1.2 rea firing the reduction for the to ntages (for the old platl and add a provision reauirin~ the tot lot and pic is tables be constructed on Lot 7. Block 1 as proposed. iY. Revised 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-013 and PP-07-017 as presented in the staff report for the hearing date of January 22, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 013 and PP-07-017 as presented during the hearing on January 22, 2008, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07-013 and PP-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS Matador Subdivision AZ-07-013 & PP-07-017 PAGE 2 ~~ 1 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 a. Site Address/I.ocation: 1235 E. McMillan Road Section 31, T.4N., R.IE. b. Applicant: Equity Development 13965 W. Chinden Boulevard, Suite 109 Boise, ID 83713 c. Owner: Vince Covino 13965 W. Chinden Boulevard, Suite 109 Boise, ID 83713 d. Representative: Sabrina Whitehead, Briggs Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning (AZ) of 5.18 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 3 common lots on 4.92 acres for Matador Subdivision. The applicant is proposing to set aside 0.40 acres, or 8.1% of the site for common open space. The proposed gross density for the subdivision is 3.25 dwelling units per acre with a net density of 4.02 dwelling units per acre. 1. Preliminary Plat, labeled Preplat, prepared by Briggs Engineers, REVISED dated ~~ 11/20/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet LP 1.0, prepared by Beck & Baird Landscape Architecture, dated 8/03/07 (attached in Exhibit A) h. Applicant's Statement/Justification: The applicant is requesting approval to annex and zone the subject property to the R-4 zone and plat the property with 16 single-family residential building lots and 3 common area lots. The proposed net density is 4.02 dwelling units per acre with a gross density of 3.25 dwelling units per acre. The applicant is proposing 0.40 acres or 8.1 % of the site for common open space. The application has been submitted in accordance with all requirements and provisions of the UDC. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: October 1, 2007 and October 15, 2007 (Planning and Zoning Commission); December 31.2007 and January 14.2008 (Gifu Council) Matador Subdivision AZ-07-013 & PP-07-017 PAGE3 ~~ \ • CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARIN~DATE OF JANUARY 22, 2008 d. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Planning and Zoning Commission); December 28, 2007 (City Council) e. Applicant posted notice on site by: October 8, 2007 (Planning and Zoning Commission); January 12, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): A single family residence with two associated out buildings. The existing home is to remain with removal of the out buildings upon approval of the proposed subdivision. b. Description of Character of Surrounding Area: Single-family residential uses with associated agriculturaUpasture land. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Tustin Subdivision, zoned R-4 2. East: Single family residential /Pasture land, (Crestwood Subdivision), zoned RUT (Ada County) 3. South: Single-family residential homes (Havasu Creek Subdivision), zoned R-4 4. West: Single family residential /Pasture land, (Crestwood Subdivision), zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Mooney Fall Way or N Heritage View Ave. Location of water: E McMillan Rd Issues or concerns: 1.) The timing of development to the construction of Sewer. Also obtaining an agreement for a Sewer easement from 1157 or 1335 E McMillan Rd. 2. Vegetation: There are existing trees on site. The applicant states the trees are to be removed due to poor health. Prior to submittal of the final plat, contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protection per the landscape plan. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Parkins Nourse Lateral exists along the southern boundaries of the proposed subdivision. The existing ditching has already been tiled and the applicant has informed staff it is a private irrigation ditch. 5. Hazards: None known 6. Proposed Zoning: R-4 7. Size of Property: 4.92 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 Matador Subdivision AZ-07-013 & PP-07-017 PAGE 4 ;~ t ~: ' ~ ~ { ~ 1 s i ~, ~~ ~~ ~ ~. t ~ ,t ~ r i k, i.: ~ ~ ~ ~tttd 1 } ' ~~ E ~ S P )j [ f ~ : ~: ~ i ` ;. I ' L ' , t ~ ~ C ~ ~ F i ~ ' , i d, , ~ t~ I _, .. ~~~ e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 3. Total Building Lots: 16 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 19 7. Open Lots: 0 8. Residential Area: 4.92 acres 9. Gross Density: 3.25 units per acre (Net density: 4.02 units per acre) 10. Lot Sizes: Lot sizes range from 8,094 square feet to 16,875 square feet g. Landscaping: 1. Width of street buffer(s): A 25-foot wide buffer is required along E. McMillan Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 8.1 % or 0.40 acres 4. Other landscaping standards: Landscaping must be provided within the common area lots in accordance with UDC 11-3G, Common Open Space and Site Amenity Requirements. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewalk) 15 15 Side accessed garage setback (from back of sidewalk) 15 15 Front accessed garage setback (from back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 15 Frontage (detached, with garage facing street) 60 60 Frontage (cul-de-sac or at approx. a 90° angle) 30 30 Minimum property size ~ 8,000 (s.f.) 8,000 (s.f.) Maximum building height 35 35 Minimum living area (detached) 1,400 (s.f.) 1,400 (s.f.) Minimum ground floor area for multi-story units 800 (s.f.) 800 (s.f.) (No changes to the dimensional standards in UDC Table 11-2A-S were requested or approved with this application.) i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from a public street to/from E. McMillan Road, a minor arterial roadway. Internal public streets are proposed with 36-foot wide street sections within 50 feet ofright-of--way with curb, gutter and 5-foot wide attached concrete sidewalk dedicated Matador Subdivision AZ-07-013 & PP-07-017 PAGE 5 ~ ~ i " d ;, ~ {kk I. ~ i t i F R ~ ~ ~ s ~ (E ti - 4 t 4 ~ `. ~ tk 1 ~ ~ ; d 66 A ' ~ I ~ ! ~' i 1: ~ ` 1111 j ~ . p 1 ` { ' ~ ~ t , { 5 ~ t ~ ~ #: f ~i . ~ ~ ~ F I ~: ~ ~ .{ I i. , ~~ 1 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 to ACRD. E. Copper Ridge Street is stubbed for future connectivity to the pazcels along the western and eastern property boundaries. Please see the conditions listed in Exhibit B of the staff report for further details. Direct lot access to E. McMillan Road is prohibited; except for the public street access approved with this subdivision no other vehiculaz access to McMillan Road is allowed. 7. COMMENTS MEETING On September 28, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential azeas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 16 single- family residential building lots on 4.92 acres for a gross density of 3.25 dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive Plan for this azea. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • 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 lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). 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 of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Matador Subdivision AZ-07-013 & PP-07-017 PAGE 6 • CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 The applicant is proposing a residential zone. This zone is compatible with the surrounding residential subdivisions. Staff finds that the proposed development is compatible with the existing residential and agricultural uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping and perimeter fencing along E. McMillan is proposed and will be provided on the site in accordance with UDC 11-38-1 and UDC 11-3A-7 as shown on the landscape plan submitted with the application. The applicant has indicated several trees slated for removal due to poor health. Prior to the removal of the existing trees, the applicant needs to contact the City Arborist to have the existing trees surveyed to mitigate for the removal of existing trees in accordance with UDC 11-3B-10. Signage for the subdivision should comply with UDC 11-3D and will require separate sign permit approval. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to E. McMillan Road, a minor arterial roadway. No driveways or other access is proposed. Other than the public street access shown on the plat, access to N. McMillan Road will be prohibited. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Perimeter fencing is only being proposed along the E. McMillan Road; however prior to construction of any buildings, temporary fencing will be required around the perimeter of this site to contain debris on site. 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. The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing single family detached homes on lots ranging from 8, 049-16, 875 square feet in size, which Staff believes will provide the City with a variety of housing opportunities. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street is proposed at the west and east boundary from E. Copper Ridge Street. Staff believes that the proposed stub street connections will provide good connectivity the parcels bordering the property, when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of Matador Subdivision AZ-07-013 & PP-07-017 PAGE 7 ,. CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on September 20, 2007, by Dean W. Briggs, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the conceptual elevations shown in Exhibit A. The features that staff approves of are the gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The submitted elevations would indicate hardie plank siding or wood siding with variations in siding styles including wide plank, shake siding and board and batten siding. The front facades are accented with stone veneer with varying shutter designs. The applicant should construct homes on the site that contain the above-mentioned design features. Staff is including a Development Agreement requirement that the applicant include these design features in future homes built in this subdivision. Building materials and colors were not indicated with this application. Staff is generally supportive of the conceptual elevations; however staff believes the applicant shall state building materials and colors for the proposed single family homes. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property develops consistent with the conditions of approval. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-013), and on file with the City Clerk's Office. The applicant should construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases and front facades accented with brick/stone, and covered porch areas. Building materials should be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) painted in earth tone colors. Matador Subdivision AZ-07-013 & PP-07-017 PAGE 8 1 • CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R-4 zone per UDC Table 11-2A-5: All proposed lots meet the dimensional requirements of the R-4 zone for property size and street frontage. Lot sizes range from 8,094 square feet to 16,875 square feet. All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2A-5 and #6h above. Parkins Nourse Lateral: The Parkins Nourse Lateral runs along the southern property boundary of the proposed subdivision. The applicant contacted the Settler's Irrigation District and was informed the ditch was private. Therefore, the applicant is not responsible to enter into a license agreement with the irrigation district. The preliminary plat submitted with this application indicates the existing lateral is tiled. Per UDC 11-3A- 6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Landscaping: The landscape plan submitted for this project, prepared by Beck & Baird Landscape Architecture, labeled Sheet LP 1.0, dated 8/03/07 shall be modified as follows: • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Mitigation information shall be provided on the landscape plan submitted with the final plat. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas/Open Space: The applicant has provided 0.40 acres (8.1 %) of landscaped common open space. The site is less than five acres in size and is not subject to the 10% minimum open space required by UDC 11-3G-3A-1. However, ezcept for the landscaping along McMillan Road and one common lot that is proposed to contain storm drainage, there are no amenities on this site. Staff believes the applicant should shorten the width of proposed lots 2 and 3, Block 3 and recommends adding a picnic area or tot lot within the proposed development. As mentioned earlier the total acreage being platted for the site is 4.92 acres. Staff believes this site is close enough to 5 acres and should be comply with the 10% open space requirement. If this change is made, staff is supportive of the amount of open space proposed with this development. Maintenance of all common areas shall be the responsibility of the Matador Subdivision Homeowners Association. Drainage: A seepage bed for stormwater drainage is shown on Lot 1, Block 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be Matador Subdivision AZ-07-013 & PP-07-017 PAGE 9 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARINGDATE OF JANUARY 22, 2008 aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: One access point from E. McMillan Road is proposed to this subdivision. Internal public streets aze proposed with 36-foot wide street sections within 50 feet ofright-of--way with curb, gutter and 5-foot wide attached concrete sidewalk to be dedicated to ACfID. E. Copper Ridge Street will provide future connectivity to the pazcels along the western and eastern property boundaries. Except for N. Matador Drive, access to E. McMillan Road is prohibited. Staff is supportive of the proposed access point to the subdivision and the number of stub streets provided to adjacent pazcels for future connectivity. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: Perimeter fencing is only being proposed along McMillan Road as shown on the submitted landscape plan. At the public hearing, the Applicant shall state if fencing along the other perimeter boundaries will be constructed. All perimeter fencing must be installed prior to issuance of building permits. If permanent perimeter fencing is not installed azound the entire site, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-07-013 and PP-07-017 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ-07-013 and PP-07-017 for Matador Subdivision, as presented in the Staff Report for the hearing date of October 18, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these/this item(s) on November 15, 2007. At the public hearing they moved to recommend approval of the subject AZ and PP request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Revised Preliminary Plat 3. Landscape Rendering Matador Subdivision AZ-07-013 & PP-07-017 PAGE 10 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARIN~DATE OF JANUARY 22, 2008 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Matador Subdivision AZ-07-013 & PP-07-017 PAGE 11 E. _ E r '~ t . ~ ' t ~ ~ ~ ~~ ~ "i ~ } i. ~ . 'f y ~~ ~f r, } i .. } ~ g l ~~ f ~~ 3 ~ { ) i~ ~ - ~ ~ ~ 4 ` ~ ~ ~ E , . tt ~ ,' y R 7 ~ 1 c ~ ~~ ~ ~ ~ ~ ~ j ~~ ~ ~ f E E t ~ t ~ ~ ~p~ ~ ~ Z ~ i ' t. ~. ~ . ~ ~ 111 i # 1 I'. ; ( 'ii i ~, ~ { - ~ i r ~ 4 1 ~ i ~ F t ~ ~ .~ ~ ~ '~ ~ ~ . ~ ~r K. ~ ~ > ~ ~ ~ ~ a r ~ ~ ~ ' i i a ~ ~ _ ~ i~ , is ' t ~ a #; ~ ~ ~ ~ , , ~ ~2 ( } ~ ~ ~ ~ 1 ~ ~ ~ ~ E ~ ~ ~ E a {~~ q , [ a ~,' ~ ~ j } CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 22, 2008 A. Drawings 1. Vicinity Map LARK (100 ®~ Q Sp ~. e i R-4 o ti ~'?cs ST1N a i D ~ 3 ~C e4,~~ ~`~> ® Q~ ti5~~ ~ ~ I ~ - .. ~ ~ RUT ~ a ~ ~ z R-4 ~ •' z < , ~ ~d ~ ° ° RUT ( ~ ' i R-4 woao } - ` J L SUB lY/S!®N~ ------ £ Mc~iL1AN RD ._.--._ _ _ --- - ~ ----- --- - R- 4 RUT ---- -- - ---- -- - --- _ t I R-4 i " CRFS DDD S 1 T ND f R-B RUT ~ ~ ~''- ~•~ %~' 1 R-4 ~ `~' c~c, _ e _ ~. ,~ _ Q E Ggr1ND PsW1'ON ST ~ 3 E GRAND CANYON z I ~ o ~' ~ ~ `~ I i~ • I~ s i ~ i~ • a ~ ~ U CREf ~~ ~ I ~ •._._. i ~ m ~ z : CRfF ~ z a R D •D3 ~ _ R£p RDCK D RFD R OCK DR 2 ~ F R FO ROCK DR R 4 ~ ~ No o •~! ~ • ~ Razz '' y C I. ~ ~f Q £ STAR OR - - ' I t i~ R-4 ~ y R a R-8 ~ -8 ~ _ z RENSiON: a7i~si6~ ~- roK MATADOR gprlo©s ~xc~rieFan~to, INC. ESTATES ~~ BRIGGS SMEET - 1 flF 1 VICINITY MAP ENGINEERS PlJaNA',FRS SURVEYORS n ~ ~ ~ 110 ~'. OYEHIAfPP [t~D ' BQiSE. gYAitO 83705 ' (20H~344-8706 ll ~a0472-PREPLAT.drg Tt}K OWG GATE: 05/31 /07 TOK ON'G N0. 7fl412 SC0.LE: 1 "= 300' Thane drar~ngs, or onq pprtion thereof, anyl nat be used an arty Project ar e+tr-nsians of thm Project amepi ay wr0ten agreement Uam Briggs Eng%~ering, 4w. Exhibit A I CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEDATE OF JANUARY 22, 2008 Exhibit A r F,~°~ ~`~3 2. preliminary Plat CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~ ATE OF JANUARY 22, 2008 3. i.andscane Rendering Exhibit A -- -_ tl~lC?~! I~i'd"llltN~fN `3 ~' CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 4. Elevations Exhibit A O H W J W O OC LL Z Q W J w z O CITY OF MERIDIAN PLANNING I3EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 22, 2008 Z 0 Q W J W F- Z O W LL Z 0 W J W O Q Exhibit A CITY OF MERIDIAN PLANNING I3EPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF JANUARY 22, 2008 Z 0 Q W J W O Z O a W J W ~- Z O Q Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z a W J W 0 Q iL Z O F t W .J W 0 W CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit A Z ~_ Q W J W H Z O Z O a W J W N Z O CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 22, 2008 Exhibit A Z 0 H a W J W O OC Z O a W J W O CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~ ATE OF JANUARY 22, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on September 20, 2007, by Dean Briggs, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement 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 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following information: The developer shall construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-013), and on file with the City Clerk's Office. The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases and front facades accented with brick/stone, and covered porch areas. Building materials should be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) painted in earth tone colors. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet Preplat, prepared by Briggs Engineering, dated '~ 11 /20/07, is approved with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-07-013) and the development agreement for this site shall also be considered conditions of the Preliminary Plat (PP-07-017). 1.1.2 The landscape plan prepared by Beck & Baird on S/03/07, and labeled Sheet LP 1.0 shall be modified as follows: Perimeter fencing type and details shall be submitted during final plat review; please revise plan accordingly. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit a letter (plan) prepared by the City Arborist with the final plat application. rr Y Y"~ s . Construct a tot lot d picnic tables on Lot 7 Block 1 as proposed on the landscape rendering in Exhibit A A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 proposed by Staff. The preceding modifications and notes shall be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. Either permanent perimeter fencing or temporary construction fencing shall be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.4 Maintenance of all common areas shall be the responsibility of the Matador Subdivision Homeowners Association. 1.2.6 Except for N. Matador Drive, access to E. McMillan Road is prohibited; a note shall be added to the face of the final plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located in N Mooney Fall Way and N Heritage View Ave. Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARIN~DATE OF JANUARY 22, 2008 2.2 Water service to this site is being proposed via extension of mains in E McMillan Rd. 2.3 The applicant shall install sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department. 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. 2.4 The applicant shall comply with the Department of Environmental Qualities Best Management Practice with calls for 20-feet of separation between an infiltration trench and any building foundation. If necessary a special setback shall be depicted on the final plat. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of the public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-5 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.14 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.12 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, 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. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.14 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. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 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. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARIo ATE OF JANUARY 22, 2008 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Where a .portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m}. b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.7 The existing home shall be re-addressed off of N. Matador Drive. 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 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. <; ~' ~: CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 22, 2008 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate either 35 feet or 45 feet ofright-of--way from the existing centerline of McMillan Road abutting the parcel. A dedication of 35 feet will facilitate roadway improvements required by the Capital Improvements Plan and leave the sidewalk within an easement. A dedication of 45 feet of right of way will facilitate roadway improvements and include sidewalk within the right of way. The right of way purchase and sale agreement and deed must be completed and signed by the applicant prior to the scheduling of the fmal plat for signature by the ACHD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 38-feet from the centerline of McMillan Road along the entire site frontage to align with Clearsprings and Harpe Subdivisions to the west and east of the site. If the sidewalk is located outside of the righ of way, the applicant must provide a sidewalk easement. 7.1.3 Locate one entry road on McMillan Road approximately 170-feet west of the northeast property line (measured property line to centerline) 7.1.4 Construct the entry road and internal roadways as a standard 36-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5-foot wide attached concrete sidewalk. 7.1.5 Construct a stub street to the west and east, located approximately 160 feet north of and parallel to the south property line. The stub street shall align with and connect to stub streets originating in Clearsprings Subdivision to the west and Harpe Subdivision to the east. The actual alignment of these stub streets is required. A sign shall be installed at each terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.". 7.1.7 Construct the intersection of N. Matador Street and E. Copper Ridge to function as a alternate, T- type turnaround, with curb radius at the two comers a minimum of 18 feet. 7.1.8 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 ACHD roadway or right-of--way. 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 maybe 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 Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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 Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI~ ATE OF JANUARY 22, 2008 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze 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 is 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled) aze 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 confirmation 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. 8. CENTRAL DISTRICT HEALTII DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Environmental Quality. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 The existing home septic system appears to impact Lot 3 of Block 1 of the proposed subdivision. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. Contact SID for any additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Boazd of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water from the current delivery point. Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Exhibit B M ~ AID ~ t ~ i w ~ k i j ~~ ~ ~ -~ p 1 ~ ~ i~„t S r ~ ,4 ~ f ~ i+, ~~ 1 3 s [~ ~ ~ ~ ~ ~ r E r ! i ~ +A7 ~ , ~. i ~ 44 ~ ~ ~ jj ~ ~: CC y-: A.. }. + ,~ t ~ ~, k ~ ~ r + i ~ ~: ~ 1 .1 ~ - }R .~ ~, '~ t a ,~ ~~~ ~ '~~_~ I {{' a ! CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI® ATE OF OCTOBER 18, 2007 C. Legal Description & Exhibit Map DESCRIPTION FOR ANNEXATION OF PROPOSED MATADOR SUBDIVISION SEPTEIVlBER Z0, 2007 A PARCEL OF LAND BEING A REPEAT OF LOT 5 OF THE PLAT OF CRESTWOOD SUBDIVISION NO. 1, LOCATED IN THE NORTHEAST ll4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31, THENCE N 89°46'01" W ALONG THE NORTH LINE OF SAID SECTION 930.93 FEET TO TILE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°33'41" W 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF E. MCMII.LAN ROAD AND THE NORTHEAST CORNER OF LOT 5, CRESTWOOD SUBDIVISION NO.1, FOUND IN BOOK Z8 OF PLATS AT PAGE 1757, ADA COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT 5 THE FOLLOWING: THENCE CONTINUING S 00°33'41" W 629.36 FEET TO A POINT; THENCE N 89°57'36" W 340.39 FEET TO A POINT; THENCE N 00°33'41" E 630.54 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY OF E. MCMII.LAN ROAD; THENCE CONTINUING N 00°33'41" W 33.00 FEET TO A POINT ON THE NORTHLY LAZE OF SAID SECTION 31; THENCE S 89°46'01" E ALONG THE NORTHERLY LAiE OF SAD SECTTON 3l 340.38 FEET TO REAL PAINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 5.18 ACRES, MORE OF LESS. REVIC-W' Ppii~VAL EY., ~h ~~ ~~ ~# DEAN W. 70492-ANNEX BDY.DOC Exhibit C P.L.S. 3619 M ~R~~~s oeP~"" ~~~ ;,~ I fi ~• i i a ~ ~ ~ ~ I t ~. ~~ ~ ~ ~: ~ {C ~ ~ F , ~ ~ { ~ ''• { f ~ ' ~ ~ i {' ~' ~ 9 g F i, ~€ I ,E ~ ¢ 1 s~ ~# ( 1 i Y ~ } ~ t I .i. ~_ t ~ t ~ ~ ~ k i ~ ([ s CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI• ATE OF OCTOBER 18, 2007 ANNEXATIuN EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION PLAT OF PROPOSED MATADOR SUBDIVISION A RESuHD~MS;pN Of LOi 9 ~ CRESTWpOD SitBD;iA~6N N0.1 AND A PA41fGN Of THE N'GRTHWE57 1/4 ~ THE NORTHWEST t/4 Qf SECTipN 3t, i.4N., R.tW., 8.6l. BY VIE ~~//1L MERD,AN 2007. WeHO I I I I 1 I I p, I 1 1 I I ~ f ~ I i ~ ~ ~ I I .4,'~ I I I I I ~' ~ el I I F I j I I I ~ ~• 1 I I l I I ~'I I ~ 1 ~ QQ4 I I I I I I j I~ I I ~ I I ~ I I ~' I i I I I I I ~ ~ I --L--./ ~___~_ .. .. ~_---L---i---y---J ~ --L---~ I ~- r---~----1---~----~- ---•-•-----~---•----- - - ---- -- ----------L-- -- E. TRINITY SPRINGS ST. ~ I -----~,, i r~------r------~. I~------!------1, ~ ri------r-----~ I L ~~ 1 ~~ ;i~ ~ ~~ ~i~ i .I ~'~'°" ' ~~ PROPOSED MATADOR ~1°°s ~'10~"~°wQ ~~• SUBDIVISION B R ~ G a s SHEE ~ 1 OF 1 ANNEXATION E30UNDA~Y EXHIBI' `-NGwEERS PiANNERS SIiRVE10R5 ~~~~~ t8Q0 W. OYJgMD RDA9 ' . gl4}~ 83705 • (208)344-97~ DWG 64TF: DWG NO. SCALE: These drew;nga, or ony par'ya thyeof, ahgti no[ Oe used \TQ412-BDY IXH DWG 09~11/Q7 TRT 7Q412 1°= i40~ °R °"1' p~Rn m eetens;ons of th'a Prgett except M . written aCreee+nent from Brigg9 Eno;nearinq, Ine, Exhibit C CITY OF MERIDIAN PLANNIN• PARTMENT STAFF REPORT FOR THE HEA• DATE OF MARCH 1, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fmds that single-family residential detached dwellings are allowed within the requested zoning district of R-4 as principal permitted uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the variety of lot sizes proposed. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. In accordance with the fmdings listed above, Commission finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 1, 2007 layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fords that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. February 29, 2008 AZ 07-011 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Pole Creek Properties, Inc. ITEM NO. 5-E REQUEST Endings for Approval -Request for Annexation and Zoning of 6.84 acres from RUT. to an R-4 Medium Low Density Residential Zone for Belhaven Subdivision - 5230 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CIiY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings ~ ~ ~,~ Contacted: ~~ Date: ~ 3 6 ~ Phone: ~3 ~' ~ ~/~ Emailed: ~~~ 1~~.~0~.~~~ _ Staff Initials: Materials presented at pubUc meetings shall become properly of the City of Meridian. CITY OF MERIDIAN ~ IDIA1'~`~'-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district AND Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R-4 zoning district, for Belhaven Subdivision, by Pole Creek Properties, Inc. Case No(s). AZ-07-011 and PP-07-016 For the City Council Hearing Date of: February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-011 & PP-07-016 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. 3. 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 February 19, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-011 & PP-07-016 -2- time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of February 19, 2008. By action of the City Council at its regular meeting held on the ~"~ day of ~~e~-, 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED ~~~ ATTEST: JAYCEE `a\~~Y~ ,~~DE WEERD ~` ~ ~' ~, 0 w $AL LMAN, CITY CLERK .~ Copy served upon Applicant, The Pl /anniii~~Dt~part~'~~it,\Public Works Department and City Attorney. City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-011 & PP-07-016 -3- Dated: ~' `2' ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 STAFF REPORT Hearing Date: February 19, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Belhaven Subdivision • AZ-07-011 E IDIAN~~ 11~k1 Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district, by Pole Creek Properties, Inc. • PP-07-016 Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R-4 zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pole Creek Properties, Inc., has applied for Annexation and Zoning (AZ) of 6.99 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres of land for Belhaven Subdivision. The site is located at 5230 N. Black Cat Road, on the east side of N. Black Cat Road, approximately '/ mile north of W. McMillan Road, in the southwest of Section 27, Township 4 North, Range 1 West. This property is currently referenced as Assessor's Parcel Number 50427325700 and has not been previously platted. This property is within the City's Urban Service Planning Area and Area of Impact. The City's Comprehensive Plan Future Land Use Map designates the subject property as medium-density residential. NOTE: The Planning and Zoning Commission continued these items to allow the applicant time to work with Public Works regarding City water and sewer services to the Poorman property. Since the October hearing the applicant has worked with City Staff to remedy the issue. At the time of final platting of Lots 1-4 of Block 2, the applicant will be responsible for stubbing City Services to the Poorman property. The applicant has also submitted a new preliminary plat and landscaping plan for Staff s review and analysis. The revised plat and landscaping plan illustrates the shortening of the cul-de-sac, adding Lot 5 to Block 3 with a 95 foot extension of the pathway adjacent to the northern boundary of the lot (note: the total number of lots has not increased). The applicant has also provided additional open space east of Lot 3, Block 2 however, the amount of open space for the site has not increased. New information is provided in strike-through and underline format throughout the report. 2. SUNIlVIARY RECOMMENDATION The subject applications (AZ-07-011 & PP-07-016) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the AZ & PP applications. Staff recommends approval of AZ-07-011 and PP-07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued from October 4, 2007, subject to the Findings of Fact listed in Exhibit D and subject to Belhaven Subdivision AZ-07-O1 I & PP-07-016 PAGE1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF FEBRUARY 19, 2008 the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on October 4 2007 and December 20, 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant's Representative) iL In opposition: None iu. Commenting: Paul Poorman lY. Written testimony: None y. Staff presenting application: Bill Parsons ~. Other staff commenting on application• Caleb Hood, Scott Steckline, Ted Baird b. Kev Issue(s) of Discussion by Commission: i. The perimeter fencing for the development. ii. Mitigation for the existing mature trees on the site. iii. Stubbing City Services to the Poorman property. iv. Removal of the existing septic tank drain field on the subiect site and relocating the drain field on the Poorman's property. v. The location of the required trees outside the Settler's Canal Easement. vi. Compatibility and connectivity with the Volterra Subdivision to the north. c. Kev Commission Change(s) to Staff Recommendation: i. Modified Condition 12 2 to require that if four mature (existing) trees are not retained on each lot, the developer will mitigate those four trees with six 2" caliper trees. d. Outstanding Issue(s) for City Council: i. None known. as ~ In favor Shawn Nickel (Applicant's Representative) 'tai. Ln opposition: None ~u Commenting• Gale Poorman ~ Written testimony: None v S aff presenting application: Anna Canning y~, Other Staff cnmmentin nn application: None b Kev Issues of Discussion by Council: ~_ ~il'~nment of the 5-foot sidewalk with the Volterra Subdivision along Black Cat Road ~_ Alignment of the stub street with the Volterra Subdivision to the north. ~, Icy Council Changes to Staff/C'nmmiscinn Recommendation is None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-O1 l and PP-07-016 as presented in the staff report for the hearing date of February 19, 2008 with the following modifications to the conditions of approval: (Add any proposed modifications.) Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 2 CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- O11 and PP-07-016 as presented during the hearing on February 19, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07-011 and PP-07-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5230 N. Black Cat Road SW % of Section 27, T.4N., R.1W. b. Applicant: Pole Creek Properties, Inc. P.O. Box 190073 Boise, ID 83719 c. Owner: Ryan Arnold and Don Roberts P.O. Box 190073 Boise, ID 83719 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning (AZ) of 6.84 acres from the RUT (Ada County) to the R'-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres for Belhaven Subdivision. The applicant is proposing to set aside 0.80 of an acre, or 11.7% of the site for common open space, with 10% of usable open space. The proposed gross density for the subdivision is 2.34 dwelling units per acre with a net density of 3.99 dwelling units per acre. 1. Preliminary Plat, labeled Sheet P-1, prepared by Treasure Valley Engineers, dated X11/07 ew plat inserted in the staff re o~rt). (attached in Exhibit A) 2. Landscape Plan, labeled Sheet LP 1.0, prepared by Treasure Valley Engineers, dated l~f&'~11/07 (New landscape plan inserted in the staff re~ort~ (attached in Exhibit A) h. Applicant's Statement/Justification: The applicant is requesting approval to annex and zone the subject property to the R-4 zone and plat the property with 16 single-family residential building lots and 5 common area lots. The proposed net density is 3.99 dwelling units per acre with a gross density of 2.34 dwelling units per acre. The applicant is proposing 0.80 of an acre or 11.7% of the site for common open space with 10% of usable open space. The proposed density is in compliance with the intent of the current Comprehensive Plan Future Land Use Belhaven Subdivision AZ-07-011 & PP-07-016 ~ ~ ~ ~ ~ ~ 4 ~ 'Q ~j ~ f ~ ~ 1 ~ ~ ~ as, ~ ~ ~3 .'f ~ j ' ~ ~ ( f ~ tt `~ ~ ~ ~ [ F {~ = i ~ ~ { Q 2 ~ ~ } ~ Y N ~ ~ f f f~ ~ :1 ~ ~ '~}} 7, , F ~ t ~ `~ tF :p i.: f`f ~ , } ~ ~! ~ .3 < ~ 3r 3 2 ', ~ i ~ 1~ PAGE3 ~ F. ~ P ~ ~ '` ' ~~ ~~ 7~ ~ z ~ p o ~ ~ # k~ ~ ~ ~P r ~- ~ § g 1 ~ ~ S pi } I ~ ({ A~ a ~ ~~ t r S - 1~ {J. ~7~ t ~~ ~ ~ c , ~ 4 ~ ; ; `~ ~~ i ° t~~ ~ ~ p ~{ a ~: (,~ jl ~ ' ~'. ~ ~ 4 ~ ~ ~~ ~ a ~ t 1 ~ ~ ~ ~ ~~ r~ ~ ~; i k i ~ r + i ~ ~ ~ ~~ FI~, r, ~~ ~ j~ ~ f ~. t ~ j ~ I ~,~ ~ ~ ~ ~ . [ ~ r fit. - ~ ', ~;; .. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 Map, which designates this area as Medium Density Residential. Belhaven Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and the requested zoning to R-4 is in compliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area of the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: September 17, 2007 and October 1, 2007 (Planning and Zoning Commission); January 28, 2008 and Feb 11, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: September 7, 2007 (Planning and Zoning Commission); January 25, 2008 e. Applicant posted notice on site by: September 25, 2007 (Planning and Zoning Commission); February 9, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): Commercial tree farm is currently on the site. The existing residential was separated by property boundary adjustment approved by Ada County. b. Description of Character of Surrounding Area: Single-family rural residential uses with associated agriculturaUpasture land. This area is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Agricultural land (proposed Volterra Sub.), zoned R-4 2. East: Agricultural land (proposed Volterra Sub.), zoned R-4 3. South: Single-family Waal residential homes and land, zoned RUT (Ada County) 4. West: Single-family rural residential home/agricultural land, zoned RUT (Ada County) d. History of Previous Actions: A property line adjustment was recently approved for this property in Ada County, recorded on January 31, 2007 as Record of Survey No. 7768. A preliminary plat and annexation request was withdrawn earlier this year. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is currently not severable. This property will sewer to the future North Black Cat Trunk. Location of water: There currently is no water service to this property. This property will ultimately get water service from mains installed in Black Cat Road. Issues or concerns: 1.) None. Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 4 CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 ,~ 2. Vegetation: There are many existing trees that are part of the tree farm that are to be removed and transplanted off-site. Other trees, around the existing house at the southwest corner of the property, will be removed and replanted, per the landscape plan. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Settlers Canal exists along the north and east boundaries of the subdivision and meanders between the subject property and the approved Volterra. Subdivision to the north. Per city code both properties are required to the the portion of the canal that is within their property, but for all practical purposes the property that plats first will be required to the the ditch. All ditches, laterals and canals on this property shall be tiled per city code. See Exhibit B below. 5. Hazards: None known 6. Proposed Zoning: R-4 7. Size of Property: 6.84 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 3. Total Building Lots: 16 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 21 7. Open Lots: 0 8. Residential Area: 6.84 acres 9. Gross Density: 2.34 units per acre (Net density: 3.99 units per acre) 10. Lot Sizes: Lot sizes range from ~7 8,096 square feet (or 0.20 of an acre) to ' ^~, 14,719 square feet (or 0.34 of an acre). g. Landscaping: 1. Width of street buffer(s): A 25-foot wide buffer is required along N. Black Cat Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 11.7% or 0:80 of an acre (10% usable open space) 4. Other landscaping standards: Landscaping must be provided within the common area Belhaven Subdivision AZ-07-011 & PP-07-016 ~~ i'~~~ ~~~ ~~ at 3 ! E Yx} ~ ' ~~ r, ~ ~ h ~~ ) > ~ ~ s 1 it ~ ;; , ,.g Y :1 - ~ IS ~ ~; kkj y ` ' ~ ~ . ~ 4 SS jj ft ~. ~ ;'a ~ ~, ~i i {~i 11 PAGE 5 4 i' ~: i I ; I I I~ t i1 it i ; ~' 1` ~ ~ ~. '°,'i !:; , ~ ~. i i.. I` CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 lots in accordance with UDC 11-3G, Common Open Space and Site Amenity Requirements. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewalk) 15 15 Side accessed garage setback (from back of sidewalk} 15 15 Front accessed garage setback (from back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 15 Frontage (detached, with garage facing street) 60 60 Frontage (cul-de-sac or at approx. a 90° angle) 30 30 Minimum property size 8,000 (s.f.) 8,000 (s.f.) Maximum building height 35 35 Minimum living area (detached) 1,400 (s.f.) 1,400 (s.f.) Minimum ground floor area for multi-story units 800 (s.f.) 800 (s.f.) (No changes to the dimensional standaYds in UDC Table 11-2A-S weYe Yequested or appYOVed with this application.) i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from a public street to/from N. Black Cat Road, a minor arterial roadway. Internal public streets are proposed with 36-foot wide street sections within 50 feet of right-of--way with curb, gutter and 5-foot wide attached concrete sidewalk; with the exception of E. New Haven Street. For New Haven Street, the applicant is proposing a 40 foot right-of--way to be dedicated to ACHD. Within this right-of--way curb, gutter, sidewalk, and two travel lanes will be constructed. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity is provided at the north boundary from N. Fir Haven Avenue to Volterra Subdivision. City Staff and ACHD are supportive of the proposed access point to the subdivision from N. Black Cat Road and the stub street being proposed to Volterra Subdivision to the north. Please see the conditions listed in Exhibit B of the staff report for further details. Direct lot access to N. Black Cat Road is prohibited except for the public street access approved with this subdivision. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 6 ~ ~ ~ ~ 7 ! { ~ ~ 7 , I~ EC 3 S l ~ 3 ~ 4 ~. f . ~e~ F gt{ E f ~ ~ I ~ 1 M 33 I ~ . ~ ~ ~ - ; j r ~ ~ ; j ~ ~ E, ~ ' ~ - ~ I. ~ -4 , 7 , . ~ s ~ ~ ~ ~ ~ .Y I ~ ~ E ~ l .~ ~ F ' ~ t. ;~I 6 F ' , qq3 ~+ i 1 ~ ~ ~ ~ ~ „' t F S ~ I[ c ~ E F F ~ ~~ ~ [, h v f ' ~ ` I M ~ I ~ i. ~ ~ t F~ ~.~ L ~ s ~ { I: { f ~. EI` ~a. ~ ~ ~. ~i ~ ~ , 5: ` ~ 4 i E iS~ ~ j f ~ ~. { I ~ 1i S ~ C ? 4 r ~ `r ~? j I , i t I P ~ ~, ~. ' ,~ ~~ ~ ~ ~ ~k' ~ ~. ` ~~ '~~ ~ ' §~ ~ ~.~ ~ 1111''' ~. 9 ' ~ ~ ~ { ,~f l '~~ f 1 ~ t ~ ~ ~, ~ ~ ~ ,~r i. S { ~ `. ~ ~ ~ I a Si{ a- { Ir' E~ { ~ ~ { t t `' t i~ ~~~ [ - s i ~ i ~ I t e' CITY OF MERIDIAN PLANNING ~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 16 single-family residential building lots on 6.84 acres for a net density of 3.99 dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive Plan for this area. Staff fords 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 lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). 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 of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed development is compatible with the existing residential and agricultural uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping is proposed and will be provided on the site in accordance with UDC 11-3B and UDC 11-3A-7 as shown on the landscape plan submitted with the application. Staff believes additional trees should be planted within those common lots that are not encumbered by the irrigation easement (see Analysis below). Signage for the subdivision should comply with UDC 11-3D and will require separate sign permit approval. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Belhaven Subdivision AZ-07-01 ] & PP-07-016 PAGE 7 ITV OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 C The applicant is proposing one public street access to N. Black Cat Road, a minor arterial roadway. No driveways or other access is proposed. Other than the public street access shown on the plat, access to N. Black Cat Road will be prohibited. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Existing fencing is shown on the landscape plan; however prior to construction of any buildings, fencing should be constructed around the perimeter of this site If no fencing is proposed than temporary will be required to contain debris on site. (Note: Fencing is required to be constructed along the north & east boundaries with Volterra Subdivision.) 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. The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing single family detached homes on lots ranging from 8-(~,'T=4,44 8,096-14.719 square feet in size, which Staff believes will provide the City with a variety of housing opportunities. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing 10% usable open space within the development. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street is proposed at the north boundary. Staff believes that the proposed stub streets provide good connectivity to the approved Volterra Subdivision to the north. Future connectivity from developments to the south will be along E. New Haven Street. Any future development will be responsible for the 10 feet of road improvements at the point the development stubs to Belhaven Subdivision. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 8 CITY OF MERIDIAN PLANNING ~ RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 ANNEXATION AND ZONING ANALYSIS: Based on the policies .and goals contained in the Comprehensive Plan, Staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Out Parcel: There is a 1-acre out parcel (Parcel #SO427325825) located at the southwest corner of this site, owned by Paul & Gayle Poorman. This parcel was legally created through a one acre division in Ada County prior to the adoption of the Meridian City Code in 1984. A property boundary adjustment was recently approved by Ada County (ROS No. 7768) that enlarged the property to 1.45 +/- acres. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the two elevations shown in Exhibit A. The features that staff approves of are the gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant should construct homes on the site that contain the above-mentioned design features. Staff is including a Development Agreement requirement that the applicant include these design features in future homes built in this subdivision. Further, building materials for the future homes include wood lap siding and/or stucco with rock/stone accents along the front facade. As mentioned above, two conceptual elevations were submitted at the time of application submittal. Staff believes two additional elevations and product types are necessary to add to the diversity of housing mix in the proposed development. Said elevations should be presented during the public hearing. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property develops consistent with the conditions of approval. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-011), and on file with the City Clerk's Office. The applicant should construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE9 CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R-4 zone per UDC Table 11-2A-5: All proposed lots meet the dimensional requirements of the R-4 zone for property size and street frontage. Lot sizes range from ~A7~ 8,096 square feet (or 8~9 0.20 of an acre) to ' 14,719 square feet (or 9~3 0.34 of an acre). All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2A-5 and #6h above. Settlers Canal: There is a 30-foot wide irrigation easement that runs along the north and east boundaries of the subject development. This easement is for the Settlers Canal. This area will be used as open space with a 5' pathway adjacent to the canal. The applicant is proposing to sod this area. Staf~v~Fe - '' +`' '' ~ ~" ''" "''"""`' -==~1=~ ~~an~-si<a~ef-the-Eemme~et, -,~~ea" „~ ..>." a"..," ~~..~: .,...,~.~.,~*_. After reviewing the revised Preliminary Plat, Staff recommends that additional trees be planted within common Lot 5, Block 1 located on the eastern side of Lot 4, Block 1 and on the northern side of Lot 6, Block 1, outside of the Settler's Canal easement. The applicant will be responsible for installing a minimum of two trees within the Lots 2-11, Block 1 and Lots 1-5, Block 3, adjacent to the Settler's Canal easement and the pathway, as proposed. Trees shall be planted in accordance with UDC 11- 3B-12. Further, a License Agreement should be entered into between the developer and the irrigation district allowing the pathway to be placed in a common lot; said pathway shall be maintained by the Homeowners' Association and the trees shall be maintained by the lot owner. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. NOTE: A condition of approval for Volterra Subdivision was tiling of the Settlers Canal However, the first applicandowner to submit a final plat application to the City for property adjacent to the Canal shall be responsible for the tiling. Landscaping: The landscape plan submitted for this project, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated ~ 12/07 shall be modified as follows: • Perimeter fencing type and details should be shown on the plan for final plat review; please revise plan accordingly. D T inn 1 1 Z~ 1 n ~L, 1 • ~ L. 11 1 'ti: +t, !~'~. n L.,.,.: ~+ ~1,...y T~dYY,_'~.r'~` $ j _,] ~~ , «1 ".,..0..4; b ~....4vi.4;.~. - .. ~ .x;4:....4'.... 1 F +L, a" +-fi~a~riY6+ ~;~" ~1."~ + ~ " FOL. ~ ~ " ' AT'*'D +' n ~~vrrffixtxvrr 1' 11 kD '.~1„.7 tl, 1 ~~_~~.~~a~~ •:~1. +L.o ~...,1 r p1a~The subject site is an existing tree farm with a large number of mature trees The UDC requires any tree over 4 inches in caliper to be mitigated for. Due to the large number and caliper of trees on this site Staff believes it would be a hardship for the developer to mitigate for all of the existing trees. The applicant is willin¢ to relocate some of these trees on the site wherever possible Several of the trees are to remain on common Lot 4 Block 2. Staff believes this would provide a good location for a picnic area for future residents of the subdivision. Due to the location of the mature on the site in relation to the~roposed lots Staff believes the applicant should retain a minimum of 4 mature trees on Lots 1-3, Block 2 and Lots 1-4, Block 1 as well If theses changes are made Staff is supportive of the annlicant's request. Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 • Additional trees with a minimum 2 inch caber should be planted on the south side of the micro-path on Lot 5 Block 1 located on the east side of Lot 4 Block 1 and north of Lot 6 Block 1(located outside the drainage easement Pathway landscaping should be in accordance with UDC 11-3B- 12. • 'The proposed 95 feet of pathwaybetween lots 4 and 5 of Block 3 should be have a minimum 5 foot wide landscape strip with deciduous trees planted every 35 linear feet Landscaping should be done in accordance with UDC 11-3B-12C. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas/Open Space: The applicant has provided 0.68 of an acre (10%) of landscaped usable open space, meeting the 10% minimum required by UDC 11-3G-3A-1. Staff believes the applicant should shorten the length of the proposed cul-de-sac to the west and incorporate more open space within the development. Said cul-de-sac shall still provide enough street frontage for the adjacent lots. If this change is made, Staff fords that it meets the qualifications for open space per UDC 11-3G-3. Maintenance of all common areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. Drainage: A seepage bed for stormwater drainage is shown on Lot 5, Block 2. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. Proposed Streets and/or Access: One access point from N. Black Cat Road is proposed to this subdivision. Internal public streets are proposed with 36-foot wide street sections within 50 feet ofright-of--way with curb, gutter and 5-foot wide attached concrete sidewalk; with the exception of E. New Haven Street. The applicant is proposing a 40 foot right-of--way for New Haven Street. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity should be provided at the south boundary, from N. Sun Haven Avenue and one stub street should be provided at the north boundary, from N. Fir Haven Avenue, as proposed. Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited. Staff is supportive of the proposed access point to the subdivision and the number of stub streets provided to adjacent parcels for future connectivity. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 and MCC 9-1-28. Fencing: As part of the approval for Volterra Subdivision, perimeter fencing along the north and east boundaries of the subject site was proposed. Existing fencing is shown on the landscape plan however; fencing is not being proposed with this application. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. If fencing is not installed, the applicant should be responsible for installing the perimeter fencing around the entire property. The applicant is currently working with ACHD to allow fencing along the southern boundary within ACHD's right- of-way. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. All perimeter fencing must be installed prior to issuance of building permits. If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights- of-way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-07-011 and PP-07-016 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of A~07-011 and PP-07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued from October 4, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zonis Commission heard these items on October 4, 2007 and December 20, 2007 At the public hearing the Commission moved to recommend approval of the subject AZ and PP request 'i'hP IvrP.-~.~:a.. r'ity Council heard these ~temc nn Fehruarv 19.2008. At the uublic hearing the Council aunroved the subiect AZ and PP reauest 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat, prepared by Treasure Valley Engineers, labeled Sheet P-1, dated ~{9=X11/07 ew~lat inserted in the staff report). 3. Landscape Plan, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated ~A~-12/07 (New landscape plan inserted in the staff report). 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Belhaven Subdivision AZ-07-011 & PP-07-016 a~' I ;' ` ~~ ~~ , i l ~ i ~ ~ ~ , i~ ~ ~ ,; ,~ ~' ,~ ; ~ . ~~. ; ' PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 A. Drawings 1. Vicinity Map 1 SCALE 1 : 8CPd7 5~Q0 © t.00Q 1,5~ FEE'!' Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF FEBRUARY 19, 2008 2. Preliminary Plat awac~a ~ A~1 ~~ ~~ ~~~~~ I~lg~~~9 ~~~6~$~~~ ~° ~~~~~ a~°~~ 3ss~•s ~~~~ N!;~! i-111! 1!!~~ ....•.®~.®®b~~ ~ oar _~..... ,`_ ~~i~ ~i ~~i~iiq® a T®Be~i 3t t ~© ee• gdJ,eoeod ~e i` ~illii~"p4fi~fi 11i~~i~ ~~ ~~- ,~ ~ ~: m ~~ ~o ~~ ~ ~~ ~ ~ ~~ ~ ~ ~~~~ w x y N ~ ~~~ ~~ ~~ z ~ ~a -~- -Q ~ 96~@gn 6t9oa.5555'~5 $B E +~~~ ®. ~~~ ~ ~~ '~ i 'i i J ~ ~ i ~~ ~ / i e a ,~ @ i i ® ~ / ~~ ~ ~ ~ ;~~ ~ ~,® ~~ Exhibit A i~ gAe ~° ~° ~ ivTd ~avNivm3ad ~ ~ ~a sur+®a rma ~ ~~ ~~ ~ ~ d 5311.213d021d N33LI~ 3lOd NOISIA109f15 N3AtlH'PdH \ II N~490 3118 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 3. Landscape Plan M a mec-caa (earl ~+m+d OL °~ -~maav w 3n~ tos-s~ srJ a ~ ~i ~~ S ew3aon rma NV~d 3dV~50Ntl1 ® p ~ 4 ~ Q m • ~ 5311LL3dOad N3321~ 310d NOISIAIOB(IS NHAtlH'1H8 j ~ xou~ss3n ~tva ae nx d3wm 3wi ~ 1° ~®~9®: ®ue®s ~ 99~99~ ~~g&~ ~radda~daadaa=° 5hh~h6 99999 to ~ ~ ~~~~~ ~ ~ ~ i~~~~,~~ ~~ ~~~~I~ ~~~~ ~~~i~~~i~i~ p~ ~3~~~~ Qi~ s~ a~m~E~~ ~#~°~~ 9 ~~ ~~~~~~ ~~~i ~~~~Eii~~~~~il~ ~~ ~~ w ~o z Z_ N ¢ ~ Z O ~F> v7 °wz O U ~ o°¢ g B ~~a $ Q~i J ~ z ~a , Es!®e.!!5al9 ~'y-~ W R wa ~ S~¢° o ! y§ z z ~~~~ ~ I~~~~If~~i~ J O o a / Q F w ~ ~ U 4 ~ ~ w ~ ~ MW W \m ~ ~ O ~~ D O z aZ~ ¢ I I I ^. ~~ ~IIT, 1i aN ~ I A ~-~ ~~ ~ el I I I J a w a a U ~ N , O Q J a J S g ~, ~ ~ ~e ~ ~ ^1 ~~ i s~ ~ 6 e!@ RP tl ~~ g®~ e x ~~c~~~ ~~ga ~ ~~~~ o e Z i d, ~~ ~. O ?INS- o ~~ ~ 0 ----- I o ~ ~gi6~ L :~ © 9~e@ ®~: ~ ~5 9 r'- ~ , ~~ i B 'ee ___.__1._~.I _ L \~ Exhibit A . MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ TE OF FEBRUARY 19, 2008 CITY OF 4. Elevations G O Qa W C .N ~D C ~``- Z3 ~ ~,, ~ " ttf C ® ~ ~ ~ ~ ~ O p c0 ~ , ~f ~ ~ _• Q7 G O '+O E ® ~ ~ -p ~~M~t r. ~ ,~ ~~.:_ 4~Y, 7y ' ryi ~. :..'. .. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF FEBRUARY 19, 2008 ~ C ~ a ~ m a q° ~ c c ~ a ~' o ~ ~~ .; c ~ a ~~ ~ ~ '~ ~°. ~ c~ ~ ~ es zs ~~°' ~-~ ~ im v ~S~O~C o W~i Exhibit A • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepazed on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement 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 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following information: The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-011). The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant shall construct homes on the site that contain the following building materials: wood lap siding and/or stucco with rock/stone accents along the front facade. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P-1, prepared by Treasure Valley Engineers, dated S/87 11/07, is approved with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-07-011) and the development agreement for this site shall also be considered conditions of the Preliminary Plat (PP-07-016). 1.2.2 The landscape plan prepared by Treasure Valley Engineers on S~ 12/07, and labeled Sheet LP 1.0 shall be modified as follows: Perimeter fencing type and details shall be submitted during final plat review; please revise plan accordingly. a~R~l-t~'PeS-F~':,~~ ~ ;~~~p~ ~...ii ti.o ..t.,,.+oa .,i,,,,,, +t,o ~,a}l-i~e~-aee-i •~''~ TAT ~B~~ Additional trees with a minimum 2 inch caliper shall be planted on the south side of the pathway on Lot 5, Block 1 located on the east side of Lot 4 Block 1 and north of Lot 6 Block 1(located outside the drainage easement). In addition the applicant shall install a minimum of two trees within the 5 feet of Lots 2-11, Block 1 and Lots 1-5 Block 3 a~acent to the Settler's Canal easement and the pathwa ~~as yroposed Each property owner of said lots shall be responsible for maintaining a minimum of two trees within 5 feet of the northern property boundary of those lots adjacent to the Settlers Canal easement. Pathw~ landscaping shall be in accordance with UDC 11-3B-12. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN • TE OF FEBRUARY 19, 2008 The proposed 95 feet of pathway between lots 4 and 5 of Block 3 shall be have a minimum of 5 foot wide landscape strip with deciduous trees planted every 35 linear feet. Landscaping shall be done in accordance with UDC 11-3B-12C. The applicant shall retain a minimum of 4 mature trees on Lots 1-3 Block 2 and Lots 1-4 Block 1 maintain the existing trees on Lot 4 Block 2 as proposed and add a picnic area to said lot. If four mature trees are not retained on the lots noted above, the apulicant shall ulant a minimum of siz 2" caliper trees for each of the four mature trees removed from said lots. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site that are not part of the tree farm. Submit a letter (plan) prepared by the City Arborist with the fmal plat application. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.4 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Settlers Irrigation District which allows the construction and use of a micropath on the north and east sides of this plat. 1.2.5 The applicant shall submit a detailed fencing plan with the fmal plat application for the subdivision. Either permanent perimeter fencing or temporary construction fencing shall be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.6 Maintenance of all common areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. 1.2.7 Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited; a note shall be added to the face of the final plat. 1.2.8 Per UDC 11-3A-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. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ TE OF FEBRUARY 19, 2008 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. 1.3.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be in Black Cat Road. The applicant shall be responsible for constructing sewer main along the projects frontage .The City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 No interim or temporary lift stations shall be allowed on this property. 2.3 Water service to this site is being proposed via extension of mains planned in Black Cat Road. At this time these mains do not exist and the City of Meridian is not currently planning to install these mains. The City of Meridian held a meeting on 9/24/2007 with the surrounding property owners to discuss the possibility of forming a partnership to construct a 12 inch water main in the N Black Cat Road in conjunction with the N Black Cat Sewer project. The City of Meridian does not guarantee water service in the timelines outlined in the UDC 2.4 The applicant shall install sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department. 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. 2.5 The Applicant will be responsible to install water and sewer service stubs to 5230 N Black Road 2.6 The applicant shall comply with the Department of Environmental Qualities Best Management Practice with calls for 20-feet of separation between an infiltration trench and any building foundation. )f necessary a special setback shall be depicted on the fmal plat. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of the public right of way (include all water services and hydrants). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.14 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. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, 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. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, Exhibit B CITY OF MERIDIAN PLANNING D•RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIItE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" 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. Exhibit B CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 The roadways shall be built to ACI-ID standards cross section requirements and shall have clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than a 33' shall have parking only on one side. These measurements shall be based on back of curb. The roadway shall be able to accommodate an imposed load of 75,00 GVW. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Contact the Police Department regarding the fencing along the Settler's Canal. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 23 additional feet ofright-of--way, to tota148-feet, from the centerline of Black Cat Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Black Cat Road along the entire site frontage. Exhibit B ' • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 7.1.3 Locate one entry road on Black Cat Road approximately 125-feet north of the southwest property line (measured property line to centerline) 7.1.4 Construct the entry road as a standard 36-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5-foot wide attached concrete sidewalk. 7.1.5 Construct the internal roadways as 36-foot street sections within 50-feet ofright-of--way complete with curb, gutter and 5-foot attached concrete sidewalks. 7.1.6 Construct a stub street to the north, North Fir Haven Avenue, located approximately 385-feet west of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a previously approved stub street within Volterra Subdivision to the north of this site. The actual alignment of these stub streets is required (measured centerline to centerline). 7.1.7 Construct E. New Haven Street as a half section within 40-feet of dedicated right-of--way consisting of 24-feet pavement, with curb, gutter and 5-foot attached side walk on the north side, and a minimum 3-foot gravel shoulder/drainage swale on the south side. Allow for connection of this section with future stub streets to the south. 7.1.8 Construct a stub street to the south, Sun Haven Avenue, located approximately 25-feet west of the southeast property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. 7.1.9 Black Cat Road is classified as an arterial roadway: all access points to Black Cat Road will be closed except the access specifically approved with this application: direct lot access to Black Cat Road is prohibited and should be noted on the final plat. 7.10 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. 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 maybe 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 Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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. Exhibit B CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 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 is 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD 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 confirmation 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Environmental Quality. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. Contact SID for any additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 C. Legal Description & Exhibit Map Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 8A8CES.I?FSf7DN Dttembm~ 1Se 281k5 FPO.T~CP: Pole CneclcYtuperll~ P1RfT f. NO.S Hellh84cp Sp3eftYtfilgE S6AndAty l~sl ~ y ER_iCtkAJ'~ FU3L44; ~,n,,rv~~~5 (aE6F, GskPmp'~aw~t3m~t7i"SS;adSuD Lgtl WxffK~U3 Exhibit D CITY OF MERIDIAN PLANNING D•RTMENT STAFF REPORT FOR THE HEARING TE OF FEBRUARY 19, 2008 ElBiID1T MAP ,. HET.HI~VEN SU~DIV[SI®N LEGAL ~ gaax aF rte rt ,t/z srr its am pox z9 '1°aWnS~P 4 NQk"SH, R94N6E 1 ~!'. HD7EE ID7APV anA cauNZx, mataa aoos ~3~ ~a ---~~~r-~-v i~ < v a ' r~; i - m ~~ ,: c~ ,t Y o ~tl~ W t3 ~ ~ ~~ ~ ~ t~ 2 :dry ~~c~ ~ ~G .~~' ~ ~ ~~~ ~ I ~• o d91' ry~~,ag ~'f pp teal ae'E. ~n'qU, et. 2.SS.1S;aolu d .ii~~ Q y °.'/2.f/ur"/tt~ ~' ttt.Ere Aa ~fT'f.67 ~~. ~~ Ors ~~ I j a t ~ 3 ~ s" ~ ~ ~ 7 ,~t ssa 3,Ya,t:.n7N ~,. otgfst ~3 dtDP 9T8Sd' QWC~ 3V' A~t°1B kk,,a t°, ~+~ l8J6c~ 49667 R' Tdn,tt112tl ~l~ ~ f~d}~-$A~ 1DWi&bRt •JY1hk'~• L9S7filJ&4 Pl~JT @L'ffi C68 S?48: m.7yea~teaPrtllarsr:® Exhibit D A i i t ~ ' ~~ 1 a i i ~ + ~. h i ^ ~~ . ~ ~ ~ h l ~ , ~ ~, ~e 1' h g j ~ ~ 1 ~ } Ei ~ { I ~ i ~ F t ` ~ ~ I 5 J 1 i ~ ~ ~ ~ ~ ' ~ ~ L ~ ° ; ~ ~ ~~ l ~~ 1 k v ~~ t ° ~ r i ~ ~ ~ $ ~ 4 ~ ~ 1 ~ t ;, f ~ ~ ~ ~ ~ 1 x I ~~ F. ~ h; ~ h ~ . 1. 1 If t i ~ ? ~ ~ ! t j r 1 1: £ ~ ~ ~ ~ (~ f ~ ~ ~ ~ ~ i 1 ~ 1 ~ ~ s 1; 1 ( E 5 $ ~ t f ^~ ~ ' ~ I I i7 ~ ~ ~ ~ P P ~ h ~g r 1! ( i ~. x ' J I {{ ' 1 { ~ _ ~ ~ ~i y~y E 1 y ~ q a L; ~ ~ ~ I 6 _ { fF! ~ t ~ i y ~lqt CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN• TE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fmds that single-family residential detached dwellings are allowed within the requested zoning district of R-4 as principal permitted uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the variety of lot sizes proposed. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. In accordance with the findings listed above, The Commission finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Commission supports the proposed density and Exhibit D C .„ t ,: ~; i° y ( ~ T } F 1 is ~ ~ ~ E ~ E ' t e ~' ~ ~ ~ :~ ~' ' ; r. ~' +; 1 ~ ~, j 1 ~; ~ ~ ~ i ~ -f t ~ .+ i `; i ~'i ; ,~+; ~; 2 ., '~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF FEBRUARY 19, 2008 proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D ~ ~ E f i t~ !~. ~~ ~ y ~ , ~ 1 ~ i { 3 vv [[ ; ~. 2 ~ + 1' ! 2 t S' , ~ j ! Y f 9g{ q -~ d ~~ ~ ~ ~ . I ~ 1 / ~ p ~~ h i ~ , s~~ l (~ y I ~ ~ I t F ~ I t ~ f l f~ ~ i ~ I ~ ( E _ { ~ ~ ~ t ~ f L .~ ; ~ f tt [~ r I f _` , i ~ t I • o February 29, 2008 PP 07-016 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Pole Creek Properties, Inc. ITEM NO. 5-F REQUEST Endings for Approval -Request for Preliminary Plat approval for 16 single family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision - 52~ North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: COMMENTS See attached Findh~gs CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ' MERIDIAN SCHOOL DISTRICT: ~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shaD become properly of the City of Meridian. 111 ~ ~ ~ ~° ~ ': ~ ' '` f i ~ ~ I ~ ' S ` F $ ~ f ~ 1 1 [ " 1 i I ' ~ , ; 1 C S ~ ~ ! ~ , ~ ; ~ f ~ ~ j ~ ; ~ ~ ` ~ f';. l ~ I ~ I ~~, ~ I ~ ~ ~ F i ! ~ 9 ~, f~ ~ rt { , ( t ~~ r k ' j ~ ~ 6 ~ 1 ~ ~ ~ ~ ti ~+ ' ~= d ' a , ~ i f ffff liii ~ I ~ ~ t S ~ ~ ~~ ~ ~ ~ ~ f a{ ~ ~ i ~ ~ ~ ~ ~ S ~ FI I Y ( j 3 ~ ~~ I ~ ~ i is q q t j ' ~ ~ f ' ~, ~ ~ ~ ~ '~ ~ ~ ~` z ~ ~ i i ~` ' ' ~" F ~ ~ ' ~ ~ ` ~ f~~ ~ ~ ~ ° ~r I ~i ( rt ~ i~ i ~ ~ { 6 t Y I. i 6 ti ~ • ~~~ 200 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~~~ ~ City t~f l~.e~°idliar pity ~lerl~ Qffic~ E IDIAN I In the Matter of Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district AND Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R-4 zoning district, for Belhaven Subdivision, by Pole Creek Properties, Inc. Case No(s). AZ-07-011 and PP-07-016 For the City Council Hearing Date of: February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-011 & PP-07-016 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11 /07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. 3. 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 February 19, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-011 & PP-07-016 -2- time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of February 19, 2008. By action of the City Council at its regular meeting held on the ~ day of ~~~, 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 (TIE BREAKER) ,~ ```s~`~A d~~'~®DE WEERD ATTEST: ~~ ~~ ; ~, JAYCEE LMAN, CITY CLERK ' ~' ~ T 1ffit ~ \_ i '7°! ~~a Copy served upon Applicant, The Pl~a~ ~~~~ ~~~~' amt, Public Works Department and City Attorney. City Clerk's Office Dated: 3' ~ 2'~a~' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-011 & PP-07-016 -3- CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 STAFF REPORT Hearing Date: February 19, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Belhaven Subdivision • AZ-07-011 E IDIAN~=-~- s Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district, by Pole Creek Properties, Inc. • PP-07-016 Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R-4 zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pole Creek Properties, Inc., has applied for Annexation and Zoning (AZ) of 6.99 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres of land for Belhaven Subdivision. The site is located at 5230 N. Black Cat Road, on the east side of N. Black Cat Road, approximately 1/ mile north of W. McMillan Road, in the southwest '/a of Section 27, Township 4 North, Range 1 West. This property is currently referenced as Assessor's Parcel Number 50427325700 and has not been previously platted. This property is within the City's Urban Service Planning Area and Area of Impact. The City's Comprehensive Plan Future Land Use Map designates the subject property as medium-density residential. NOTE: The Planning and Zoning Commission continued these items to allow the applicant time to work with Public Works regarding City water and sewer services to the Poorman property. Since the October hearing the applicant has worked with City Staff to remedy the issue. At the time of final platting of Lots 1-4 of Block 2, the applicant will be responsible for stubbing City Services to the Poorman property. The applicant has also submitted a new preliminary plat and landscaping plan for Staff s review and analysis. The revised plat and landscaping plan illustrates the shortening of the cul-de-sac, adding Lot 5 to Block 3 with a 95 foot extension of the pathway adjacent to the northern boundary of the lot (note: the total number of lots has not increased). The applicant has also provided additional open space east of Lot 3, Block 2 however, the amount of open space for the site has not increased. New information is provided in strike-through and underline format throughout the report. 2. SUMMARY RECOMMENDATION The subject applications (AZ-07-011 & PP-07-016) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the AZ & PP applications. Staff recommends approval of AZ-07-011 and PP-07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued from October 4, 2007, subject to the Findings of Fact listed in Ezhibit D and subject to Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 1 CITY OF MERIDIAN PLANNING ~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 the conditions of approval listed in Exhibit B. The Meridian PlanninE & Zoning Commission heard these items on October 4, 2007 and December 20 2007. At the public hearin>1 the Commission moved to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public HearinS: i. In favor: Shawn Nickel (Applicant's Representative) ji. In opposition: None ~. Commenting: Paul Poorman ~. Written testimony: None ~ Staff presentins application: Bill Parsons ~, Other staff commenting on application: Caleb Hood. Scott Steckline. Ted Baird b. Kev Issue(s) of Discussion by Commission: i. The perimeter fencing for the development. ii. Mitieation for the existing mature trees on the site. iii. Stubbing City Services to the Poorman property. iv. Removal of the existing septic tank drain field on the subiect site and relocating the drain field on the Poorman's property. v. The location of the required trees outside the Settler's Canal Easement. vi. Compatibility and connectivity with the Volterra Subdivision to the north. c. Kev Commission Chance(s) to Staff Recommendation: i. Modified Condition 12 Z to require that if four mature (existinc) trees are not retained on each lot; the developer will mitigate those four trees with six 2" caliper trees. d. Outstandinc Issue(s) for City Council: i. None known. .a: ~ Ln favor Shawn Nickel (Applicant's Representative) ham' . Ln onposition• None ~u Commentinc• Gale Poorman Zv_. Written testimony None v. Staff presentinc application: Anna Canninc yjj, Other staff_cnmmenfinu nn application: None ,~. Kev Issues of Discussion by Council: ~. A_lirrnment of the 5-foot sidewalk with the Volterra Subdivision along Black Cat Road. ~_ A_lirrnment of the stub street with the Volterra Subdivision to the north ~_ ~y Council Changes to Sta~~~'•ommicsion Recommendation ~ ~e 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-011 and PP-07-016 as presented in the staff report for the hearing date of February 19, 2008 with the following modifications to the conditions of approval: (Add any proposed modifications.) Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 2 ,CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- O11 and PP-07-016 as presented during the hearing on February 19, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07-011 and PP-07-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5230 N. Black Cat Road SW 1/a of Section 27, T.4N., R.1W. b. Applicant: Pole Creek Properties, Inc. P.O. Box 190073 Boise, ID 83719 c. Owner: Ryan Arnold and Don Roberts P.O. Box 190073 Boise, ID 83719 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning (AZ) of 6.84 acres from the RUT (Ada County) to the R-4 (Medium low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres for Belhaven Subdivision. The applicant is proposing to set aside 0.80 of an acre, or 11.7% of the site for common open space, with 10% of usable open space. The proposed gross density for the subdivision is 2.34 dwelling units per acre with a net density of 3.99 dwelling units per acre. 1. Preliminary Plat, labeled Sheet P-1, prepared by Treasure Valley Engineers, dated ~'~11/07 (New~lat inserted in the staff report). (attached in Exhibit A) 2. Landscape Plan, labeled Sheet LP 1.0, prepared by Treasure Valley Engineers, dated ~/&'~11/07.(New landscape plan inserted in the staff report). (attached in Exhibit A) h. Applicant's Statement/Justification: The applicant is requesting approval to annex and zone the subject property to the R-4 zone and plat the property with 16 single-family residential building lots and 5 common area lots. The proposed net density is 3.99 dwelling units per acre with a gross density of 2.34 dwelling units per acre. The applicant is proposing 0.80 of an acre or 11.7% of the site for common open space with 10% of usable open space. The proposed density is in compliance with the intent of the current Comprehensive Plan Future Land Use Belhaven Subdivision AZ-07-011 & PP-07-016 3 1 1 ; 1 { ~ ~. ~ ~~ ~ ~ z ~, i ~ ' ~ ~ I r ~ `~ ~ ~ , : j ~ i I f ~ ~ ~ p p C ~ { i I i R b i i,. Sr ;i r ;, i t: t r t i c', 4 [? ., PAGE3 1 -t y I =~ s I 't i t iF ` {f t I' k f i~ 1 a '` q~ i€ { „i, i '. I~.: { I '~ f ~. 1 t ~ ~ I i ;' ~ ;.. ~ !. 4 ~ ~ ' ; ,' , • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF FEBRUARY 19, 2008 Map, which designates this area as Medium Density Residential. Belhaven Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and the requested zoning to R-4 is in compliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area of the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. 5. PROCESS FACT5 a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: September 17, 2007 and October 1, 2007 (Planning and Zoning Commission); January 28 2008 and February 11 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: September 7, 2007 (Planning and Zoning Commission); January 25, 2008 e. Applicant posted notice on site by: September 25, 2007 (Planning and Zoning Commission); February 9 2008 (City Council) 6. LAND USE a. Existing Land Use(s): Commercial tree farm is currently on the site. The existing residential was separated by property boundary adjustment approved by Ada County. b. Description of Character of Surrounding Area: Single-family rural. residential uses with associated agriculturaUpasture land. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Agricultural land (proposed Volterra Sub.), zoned R-4 2. East: Agricultural land (proposed Volterra Sub.), zoned R-4 3. South: Single-family rural residential homes and land, zoned RUT (Ada County) 4. West: Single-family rural residential home/agricultural land, zoned RUT (Ada County) d. History of Previous Actions: A property line adjustment was recently approved for this property in Ada County, recorded on January 31, 2007 as Record of Survey No. 7768. A preliminary plat and annexation request was withdrawn earlier this year. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is currently not severable. This property will sewer to the future North Black Cat Trunk. Location of water: There currently is no water service to this property. This property will ultimately get water service from mains installed in Black Cat Road. Issues or concerns: 1.) None. Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 4 CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN ATE OF FEBRUARY 19, 2008 ~A~~ ..mot., t.,, ..t.. ,.a ~,. t.,, a,. a,.~... .,~ a ~ i mt. t ,. a ~ + t ~t. c ~> > ~ t t ..>. i r r aoa"~cac:a~~f,~~9~~t1S-Pr°PP)~~'i'~vH~tt~P9EF 2. Vegetation: There are many existing trees that are part of the tree farm that are to be removed and transplanted off-site. Other trees, around the existing house at the southwest corner of the property, will be removed and replanted, per the landscape plan. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Settlers Canal exists along the north and east boundaries of the subdivision and meanders between the subject property and the approved Volterra Subdivision to the north. Per city code both properties are required to the the portion of the canal that is within their property, but for all practical purposes the property that plats first will be required to the the ditch. All ditches, laterals and canals on this property shall be tiled per city code. See Exhibit B below. 5. Hazards: None known 6. Proposed Zoning: R-4 7. Size of Property: 6.84 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 3. Total Building Lots: 16 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 21 7. Open Lots: 0 8. Residential Area: 6.84 acres 9. Gross Density: 2.34 units per acre (Net density: 3.99 units per acre) 10. Lot Sizes: Lot sizes range from ~'~ 8.096 square feet (or 0.20 of an acre) to 14,719 square feet (or 0.34 of an acre). g. Landscaping: 1. Width of street buffer(s): A 25-foot wide buffer is required along N. Black Cat Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 11.7% or 0.80 of an acre (10% usable open space) 4. Other landscaping standards: Landscaping must be provided within the common area Belhaven Subdivision AZ-07-011 & PP-07-016 PAGES ~IPRt~IP 1 1 ~ ~ I ~ i i ~ ~ ~ ~ ~ ~~ ~ r ¢~ r ~ ~ ~ ~ ~ i E ~ t i ~ ~ ,~ $ f ~ ( ~ S ~3 ~ ( et ~ ~ I E ~ ~ ~, ~~S 1 A I E ~ ~~ ~ ;, } ~~ i r•( 94t I F ¢ 1 +~ c ! 9 ~ 3 ~ s ~ I ~ 1 ~ f i E i i b .f f ~ ~ ~ I 1 i ,' I i F ~ ~ f, ~ - i `' f t P ! 4 ~~ ~ ~ I e t.. k` i 1 ~l ~ CITY OF MERIDIAN PLANNING ~ TMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 lots in accordance with UDC 11-3G, Common Open Space and Site Amenity Requirements. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewalk) 15 15 Side accessed garage setback (from back of sidewalk) 15 15 Front accessed garage setback (from back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 15 Frontage (detached, with garage facing street) 60 60 Frontage (cul-de-sac or at approx. a 90° angle) 30 30 Minimum property size 8,000 (s.f.) 8,000 (s.f.) Maximum building height 35 35 Minimum living area (detached) 1,400 (s.f.) 1,400 (s.f.) Minimum ground floor area for multi-story units 800 (s.f.) 800 (s.f.) (No changes to the dimensional. standards in UDC Table 11-2A-S were requested or approved with this application.) i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from a public street to/from N. Black Cat Road, a minor arterial roadway. Internal public streets are proposed with 36-foot wide street sections within 50 feet of right-of--way with curb, gutter and 5-foot wide attached concrete sidewalk; with the exception of E. New Haven Street. For New Haven Street, the applicant is proposing a 40 foot right-of--way to be dedicated to ACHD. Within this right-of--way curb, gutter, sidewalk, and two travel lanes will be constructed. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity is provided at the north boundary from N. Fir Haven Avenue to Volterra Subdivision. City Staff and ACHD are supportive of the proposed access point to the subdivision from N. Black Cat Road and the stub street being proposed to Volterra Subdivision to the north. Please see the conditions listed in Exhibit B of the staff report for further details. Direct lot access to N. Black Cat Road is prohibited except for the public street access approved with this subdivision. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN DATE OF FEBRUARY 19, 2008 dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 16 single-family residential building lots on 6.84 acres for a net density of 3.99 dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • 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 lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). 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 of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed development is compatible with the existing residential and agricultural uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping is proposed and will be provided on the site in accordance with UDC 11-3B and UDC 11-3A-7 as shown on the landscape plan submitted with the application. Staff believes additional trees should be planted within those common lots that are not encumbered by the irrigation easement (see Analysis below). Signage for the subdivision should comply with UDC 11-3D and will require separate sign permit approval. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN DATE OF FEBRUARY 19, 2008 The applicant is proposing one public street access to N. Black Cat Road, a minor arterial roadway. No driveways or other access is proposed. Other than the public street access shown on the plat, access to N. Black Cat Road will be prohibited. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Existing fencing is shown on the landscape plan; however prior to construction of any buildings, fencing should be constructed around the perimeter of this site If no fencing is proposed than temporary will be required to contain debris on site. (Note: Fencing is required to be constructed along the north & east boundaries with Volterra Subdivision.) 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. The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing single family detached homes on lots ranging from u n~~ 1A ACA 8,096-14,719 square feet in size, which Staff believes will provide the City pj {T/TI~ j T7 T with a variety of housing opportunities. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing 10% usable open space within the development. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street is proposed at the north boundary. Staff believes that the proposed stub streets provide good connectivity to the approved Volterra Subdivision to the north. Future connectivity from developments to the south will be along E. New Haven Street. Any future development will be responsible for the 10 feet of road improvements at the point the development stubs to Belhaven Subdivision. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and fmdings for annexation. The annexation legal description submitted with the application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Out Parcel: There is a 1-acre out parcel (Parcel #SO427325825) located at the southwest corner of this site, owned by Paul & Gayle Poorman. This parcel was legally created through a one acre division in Ada County prior to the adoption of the Meridian City Code in 1984. A property boundary adjustment was recently approved by Ada County (ROS No. 7768) that enlarged the property to 1.45 +/- acres. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the two elevations shown in Exhibit A. The features that staff approves of are the gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant should construct homes on the site that contain the above-mentioned design features. Staff is including a Development Agreement requirement that the applicant include these design features in future homes built in this subdivision. Further, building materials for the future homes include wood lap siding and/or stucco with rock/stone accents along the front facade. As mentioned above, two conceptual elevations were submitted at the time of application submittal. Staff believes two additional elevations and product types are necessary to add to the diversity of housing mix in the proposed development. Said elevations should be presented during the public hearing. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property develops consistent with the conditions of approval. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-011), and on file with the City Clerk's Office. The applicant should construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. PRELIlVID~TARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 9 r CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R-4 zone per UDC Table 11-2A-5: All proposed lots meet the dimensional requirements of the R-4 zone for property size and street frontage. Lot sizes range from 8,096 square feet (or 9:~9 0.20 of an acre) to ~-4;4-54 14,719 square feet (or 9~3 0.34 of an acre). All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2A-5 and #6h above. Settlers Canal: There is a 30-foot wide irrigation easement that runs along the north and east boundaries of the subject development. This easement is for the Settlers Canal. This area will be used as open space with a 5' pathway adjacent to the canal. The applicant is proposing to sod this area. ~+ " '' ~'' "~ `"""° ''° "'""°'' "° "'" seuth~ide-e~t~he-Femme~~e~eutside--ef th~oef'~ei3 ~~ ~w3G,,, °* After reviewing the revised Preliminary Plat, Staff recommends that additional trees be planted within common Lot 5, Block 1 located on the eastern side of Lot 4, Block 1 and on the northern side of Lot 6, Block 1, outside of the Settler's Canal easement. The applicant will be responsible for installing a minimum of two trees within the Lots 2-11, Block 1 and Lots 1-5, Block 3, adjacent to the Settler's Canal easement and the pathway, as proposed. Trees shall be planted in accordance with UDC 11- 3B-12. Further, a License Agreement should be entered into between the developer and the irrigation district allowing the pathway to be placed in a common lot; said pathway shall be maintained by the Homeowners' Association and the trees shall be maintained by the lot owner. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. NOTE: A condition of approval for Volterra Subdivision was tiling of the Settlers Canal However, the first applicandowner to submit a final plat application to the City for property adjacent to the Canal shall be responsible for the tiling. Landscaping: The landscape plan submitted for this project, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated ~ 12/07 shall be modified as follows: • Perimeter fencing type and details should be shown on the plan for final plat review; please revise plan accordingly. g~~r 11 ~u 1n +1, 1• ...1,,.11.,,,-y ..,;~1, .i." r;+., ~ i.,.,.:~~ >r1«„ 's n o F +' 1, 11 L. '.1 .a 4L,° 1.,.~,1~., ° «lo., ~ ,1...,;+4°.] ..,;tl+ +L,° ~«.,1 -- y "r r ply-The sut~ect site is an existing_tree farm with a large number of mature trees The UDC requires any tree over 4 inches in caliper to be mitigated for. Due to the lame number and caliper of trees on this site Staff believes it would be a hardslu_p for the developer to mitigate for all of the existinc trees. The applicant is willin¢ to relocate some of these trees on the site wherever possible Several of the trees are to remain on common Lot 4, Block 2. Staff believes this would provide a good location for a picnic area for future residents of the subdivision. Due to the location of the mature on the site in relation to the proposed lots Staff believes the applicant should retain a minimum of 4 mature trees on Lots 1-3 Block 2 and Lots 1-4, Block 1 as well If theses changes are made Staff is supportive of the applicant's request. Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 10 eITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 • Additional trees with a minimum 2 inch caliper should be planted on the south side of the micro-path on Lot 5 Block 1 located on the east side of Lot 4. Block 1 and north of Lot 6 Block 1(located outside the drainage easementZ Pathw~ landscaping should be in accordance with UDC 11-3B- 12. • The proposed 95 feet of pathwaybetween lots 4 and 5 of Block 3 should be have a minimum 5 foot wide landscape strip with deciduous trees planted every 35 linear feet Landscaping should be done in accordance with UDC 11-3B-12C. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas/Open Space: The applicant has provided 0.68 of an acre (10%) of landscaped usable open space, meeting the 10% minimum required by UDC 11-3G-3A-1. Staff believes the applicant should shorten the length of the proposed cul-de-sac to the west and incorporate more open space within the development. Said cul-de-sac shall still provide enough street frontage for the adjacent lots. If this change is made, Staff finds that it meets the qualifications for open space per UDC 11-3G-3. Maintenance of all common areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. Drainage: A seepage bed for stormwater drainage is shown on Lot 5, Block 2. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. Proposed Streets and/or Access: One access point from N. Black Cat Road is proposed to this subdivision. Internal public streets are proposed with 36-foot wide street sections within 50 feet ofright-of--way with curb, gutter and 5-foot wide attached concrete sidewalk; with the exception of E. New Haven Street. The applicant is proposing a 40 foot right-of--way for New Haven Street. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity should be provided at the south boundary, from N. Sun Haven Avenue and one stub street should be provided at the north boundary, from N. Fir Haven Avenue, as proposed. Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited. Staff is supportive of the proposed access point to the subdivision and the number of stub streets provided to adjacent parcels for future connectivity. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 and MCC 9-1-28. Fencing: As part of the approval for Volterra Subdivision, perimeter fencing along the north and east boundaries of the subject site was proposed. Existing fencing is shown on the landscape plan however; fencing is not being proposed with this application. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. If fencing is not installed, the applicant should be responsible for installing the perimeter fencing around the entire property. The applicant is currently working with ACHD to allow fencing along the southern boundary within ACHD's right- of-way. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. All perimeter fencing must be installed prior to issuance of building permits. If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights- of-way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-07-011 and PP-07-016 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ-07-011 and PP-07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued from October 4, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zonis Commission heard these items on October 4, 2007 and December 20, 2007. At the public hearing the Commission moved to recommend aunroval of the subject AZ and PP request The Meridian Citv ounc'1 heard these items onFebruarv 19.2008. At the public hearing the Council approved the subiect AZ_and PP reaues 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat, prepared by Treasure Valley Engineers, labeled Sheet P-l, dated g/9~11/07 (New plat inserted in the staff report). 3. Landscape Plan, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated ~/9~12/07 New landscape plan inserted in the staff report). 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Belhaven Subdivision AZ-07-011 & PP-07-016 PAGE 12 UITY OF MERIDIAN PLANNING. RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 A. Drawings 1. Vicinity Map __ _~ __ __~_____._v. __ _ sc~ 1: $0O 600 D 600 1.000 FEET Exhibit A ,;~ ?° UITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 2. Preliminary Plat wrvd~u ~ uw ~~~'"~ ~ zr~t ~~ B~ SQ~~g@@~~f~lf~~g ~~~~i~~~f ~®~~~ff9 ~~°~! fss~~s! ~~~~~~~~ss~~flff~G~~il~iEEff~~p$~~ii~fffl~~a~§~~e~~~l~~~ VIII 111ii61 i91l1 &% er ...aeO~e®ea~~ ~ o{{ edaoee a liil it ~II~!;III!III IIIIIII ~ I~iliiy® a TB6ea 31 6 ~O ee• 0[1Le9eod ~® ~iilii~l~p4fi1~ 111~~~1 ~ r ~ ~~~ 9~ ~ f~ i~f ~~f~ f ~B ~~ ~~ ~ ~ g8 ~~ ~~ >;6 ®a 9~@ ®eig ~~ ~~ ~F y °a ~I~ ~~ s~ i~~ ~~~~I ~~ ~! ~E ' ~~ ~ O ~~ z ~ ~o~ '~. z~ a ~~ ~O o- w z w o 0 ~ [W ~~' '~I '~~ ~ 9p@~f6~ StSaR.d 55~as ~ !! C~~~~~~~~~~~ ~~ R ~ I a 3 Exhibit A d~ ~~, I I I n~Q ~mea®a ®~e 4 _ e yrr - `~ a~+am y,~ ^~ne save axrmam ~ I I --. ff :Au i~ ~ ~~ ~~ I w - - I a I I I Q~ w A ~4 I n ee wsi ~~rod08 ltlld A21tlNII+Dl3Ud °®~' auuaoy rnm c 531L2f3d021d 7733LI0 3lOd NOISIAI08fIS xantlHTd9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF FEBRUARY 19, 2008 3. Landscape Plan ( mJ ~e p M w o e amc-caa ausc alrm' 1CC m g e u~i x~ d Ntlld 3dtl~50NY1 ~ ~ + ~~ mmmuar em m® m~-s~ • S ~ 53LL213dOMd N332f~ 310d NOISIAl08fi5 NHAtlHTd9 \ g a °y, tmu~ ~m ra nx wxxo T,,, w O __ z ZNQ O 2 - ~ Y ~ w ~ ~~O ~/ U ~yU O Z L~ OJ ~ O m Z ~¢ a o r Q Vl S~oN 0 m z z ~~~~ 0 w Q~oa ~I F w Q Q~U 4 J w0~ ~lJ ~\m m w '- 3 o~~ a ~ ~ z~ a F- ~ 91~lga 5L9o_.S95yay5y559 4 E F~~~6~II~~i~i _ \ ~. Q J w N~ 0 J A O d J E k Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY I9, 2008 4. Elevations C O $:, us ~ ~~ at W v ~ a ca O d ~ ® ~ °~ ~ tt ~ ~ -~' W .- ~. 0 7DD C C $ ~ N ~ '~ ~ _ ~ •~ t'tf ~ ~~.. ~ ~ ~ ~ ~ ~ ~ ~ O ~ m~R~floWk ~t~I€~ Exhibit A CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 ~ C d ~ ~ ~ ~ ~ W ~ ~ atLO- ~ C ~„ C Q •~ C~i ~ ~ CI! ~C G {~ ~ ~ ~ p~ ~ ~ ~ ~_ C3 ~ .~ ~ ~ N C O ~ C0 O ~~Sc~~ O ~LLi Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF FEBRUARY I9, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement 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 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following information: • The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-011). The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant shall construct homes on the site that contain the following building materials: wood lap siding andlor stucco with rock/stone accents along the front facade. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. 1.2 STTE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P-1, prepared by Treasure Valley Engineers, dated 1~ 11/07, is approved with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-07-011) and the development agreement for this site shall also be considered conditions of the Preliminary Plat (PP-07-016). 1.2.2 The landscape plan prepared by Treasure Valley Engineers on ~ 12/07, and labeled Sheet LP 1.0 shall be modified as follows: Perimeter fencing type and details shall be submitted during final plat review; please revise plan accordingly. ~ditiRna~'ee+s~-ti~i~1 ~1~-~c~~y~e~ i, » ~.e ..~.,.,,ea .,~,..,,. +t,~s,.,,+i, ~.,.,,.,a.,.., orcv~'$r~~i9c~~~i~36rTC ~r-aa'~#~S~tlt7-iYYt'-anti ~cix+~w+l.....~ 1.,...]~ ~Y;,~ t- ;~ae~e~ee-~u~~'~ r mn i i ~ ~n ~ ~, Additional trees with a minimum 2 inch caliper shall be planted on the south side of the~athway on Lot 5 Block 1 located on the east side of Lot 4 Block 1 and north of Lot 6 Block 1(located outside the drainage easement). In addition, the applicant shall install a minimum of two trees within the 5 feet of Lots 2-11, Block 1 and Lots 1-5 Block 3 adjacent to the Settler's Canal easement and the pathway, as proposed Each property owner of said lots shall be responsible for maintainine a minimum of two trees within 5 feet of the northern propert~boundary of those lots adiacent to the Settlers Canal easement Pathw~ landscaping shall be in accordance with UDC 11-3B-12. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 'The proposed 95 feet of~athwa~between lots 4 and 5 of Block 3 shall be have a minimum of 5 foot wide landscape str~ with deciduous trees planted every 35 lmear feet. Landsc~ing shall be done in accordance with UDC 11-3B-12C. The applicant shall retain a minimum of 4 mature trees on Lots 1-3, Block 2 and Lots 1-4, Block 1 maintain the existing trees on Lot 4 Block 2 as proposed and add a picnic area to said lot If four mature trees are not retained on the lots noted above. the applicant shall plant a minimum of siz 2" caliper trees for each of the four mature trees removed from said lots. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site that are not part of the tree farm. Submit a letter (plan) prepared by the City Arborist with the final plat application. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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 preceding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application(s). 1.2.4 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Settlers Irrigation District which allows the construction and use of a micropath on the north and east sides of this plat. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. Either permanent perimeter fencing or temporary construction fencing shall be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.6 Maintenance of all common areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. 1.2.7 Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited; a note shall be added to the face of the final plat. 1.2.8 Per UDC 11-3A-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. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. Exhibit B CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. 1.3.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be in Black Cat Road. The applicant shall be responsible for constructing sewer main along the projects frontage .The City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 No interim or temporary lift stations shall be allowed on this property. 2.3 Water service to this site is being proposed via extension of mains planned in Black Cat Road. At this time these mains do not exist and the City of Meridian is not currently planning to install these mains. The City of Meridian held a meeting on 9/24/2007 with the surrounding property owners to discuss the possibility of forming a partnership to construct a 12 inch water main in the N Black Cat Road in conjunction with the N Black Cat Sewer project. The City of Meridian does not guarantee water service in the timelines outlined in the UDC 2.4 The applicant shall install sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department. 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. 2.5 The Applicant will be responsible to install water and sewer service stubs to 5230 N Black Road. 2.6 The applicant shall comply with the Department of Environmental Qualities Best Management Practice with calls for 20-feet of separation between an infiltration trench and any building foundation. If necessary a special setback shall be depicted on the final plat. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN DATE OF FEBRUARY 19, 2008 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of the public right of way (include all water services and hydrants). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iTDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.14 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. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, 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. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, Exhibit B 'CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF FEBRUARY 19, 2008 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or neaz sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible constntction is brought on site. 3.7 The roadways shall be built to ACRD standards cross section requirements and shall have clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than a 33' shall have parking only on one side. These measurements shall be based on back of curb. The roadway shall be able to accommodate an imposed load of 75,00 GVW. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Contact the Police Department regarding the fencing along the Settler's Canal. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (iTDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 23 additional feet ofright-of--way, to total 48-feet, from the centerline of Black Cat Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Black Cat Road along the entire site frontage. Exhibit B CITY OF MERIDIAN PLANNING D- RTMENT STAFF REPORT FOR THE HEARIN•ATE OF FEBRUARY 19, 2008 7.1.3 Locate one entry road on Black Cat Road approximately 125-feet north of the southwest property line (measured property line to centerline) 7.1.4 Construct the entry road as a standard 36-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5-foot wide attached concrete sidewalk. 7.1.5 Construct the internal roadways as 36-foot street sections within 50-feet ofright-of--way complete with curb, gutter and 5-foot attached concrete sidewalks. 7.1.6 Construct a stub street to the north, North Fir Haven Avenue, located approximately 385-feet west of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a previously approved stub street within Volterra Subdivision to the north of this site. The actual alignment of these stub streets is required (measured centerline to centerline). 7.1.7 Construct E. New Haven Street as a half section within 40-feet of dedicated right-of--way consisting of 24-feet pavement, with curb, gutter and 5-foot attached side walk on the north side, and a minimum 3-foot gravel shoulder/drainage swale on the south side. Allow for connection of this section with future stub streets to the south. 7.1.8 Construct a stub street to the south, Sun Haven Avenue, located approximately 25-feet west of the southeast property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FU I`iJRE. 7.1.9 Black Cat Road is classified as an arterial roadway: all access points to Black Cat Road will be closed except the access specifically approved with this application: direct lot access to Black Cat Road is prohibited and should be noted on the final plat. 7.10 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 ACHD roadway or right-of--way. 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 maybe 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 Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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 ACRD 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. Exhibit B CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN•ATE OF FEBRUARY 19, 2008 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 is 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD 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 confirmation of ariy 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Environmental Quality. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. Contact SID for any additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure imgation system must be provided to service all lots with irrigation water. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 C. Legal Description & Exhibit Map Exhibit B A~~1A11'~~7 ~'111l1 ~ k @ ~ [I I{?~1 t ' ~ ~ ~ ~ f g i i ~ _ ~ . ~ {~p~ ; ~ 7 ~~ ~ ~ a ~ ~ ~ ~~ ~ s. 1 4~S ~ a : ~ ~ F i ~ ~ ~ ~ ~y ~ t A ~ ~ ~ I ~ ~ ~ ~ ' j i }, ~ i - C f 1 I ~, t o ~y F ~ i ~ ~ ~ ~ f . I k~ '~ ~. ~ ~~ d ~ j~ ~l , F ~ ~ :~+ 1 7 ++ :1 ~ ~ ~ '~ . ~ M1 s~ f' C ` a J i I t t ~ ~ ~ ~ L~ ~ i , .: ~ ~I ~ ~ F. t ~ ~ I ~~~ ' ~ ~ y ~ y ~ ~ ~.(~ } E ~ ~ } ~ ~ t i11 4 {{ i 2~ ;~ $~ ~ ~ P 3 Y, ~ 1 ~ I' 1 ~ s I f ~ ' ~{j} CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN•ATE OF FEBRUARY 19, 2008 gam, DF~t~HS7~N Dcacmixr is, 30~ FEt48dF~!': kaleCreeFxPt~rtF~ p'9B~E#., dYO.: Hctltiuccn Sa&itiroisfoa Scmnd~y°I i~el ~,!'.1, ~' :.Fr"~.FR-[ivy ~'U3~r. n nri~5 ®E~T, PiP9le Gal.PmO- ~Svbl~ u5s5~ 153i1ro3 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 1~1T MAF' ~~LHAVEN SUBDIVISI®N LEGAL A FOR`CIDN ®F THE ,N S/Z S1f 1/4 OF SECTION 27 7'®NX3ffiH ~ IVOFtlgt, RAStGE 1 P~ES1'. BOFSE MESID]AN ADA GtiiFN1Y, IDAHO ~Q06 _..e 4~~ L.9 ~ pp,, } ~ ~ FS ~. Q Y ~. 1]~ ? «-r` ~ ~ px Y n YA(EE7' JGI u piddj[ ICM~Ii ~ d£Of E48 Sal IC ~n ~ RIQY.i. dA~HO dC681 (11 ~ "~: f ~'~--. f"~~- ~~ _ ' .. m~Ga7r ~. f OUS ~ ~P~: 11NC.yS'dSGl~~rtQP,yu~.~e.~.a~ Exhibit D ~ ~ ~ F n ~ ~ ~ E 1 ~ ; E N~ ~ F F I {{ M 4 a ~~ '~ ~ f ~3 ~; f Z L ' 1~ ' ( ~ { ~ i ~~ ~_ ~ ` t t t i I E F Z } L ~ i 4 1~ ~ 3 ~ i ~ 4 ? E f 1 i ~ :; t i ~ ~ ~; E i ? r ~ I I • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fmds that single-family residential detached dwellings are allowed within the requested zoning district of R-4 as principal permitted uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the variety of lot sizes proposed. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. In accordance with the fmdings listed above, The Commission finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Commission supports the proposed density and Exhibit D CITY OF MERIDIAN PLANNING. TMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D : a ~ ~ '~ ~ r t i ~ ~ ~ c M ?~ z { ~ ~ ! ,.f .~ f ,,' ,i ~~7 ~' ~~ ~ r'~ ~ ~ , i ,' ~` ,; ;~ ' ~ i t ;3 ~ . ~ ~ f ~ i ; ; .~ t F , ~~ t ~ ~ ~ ~ f ~ ~~{ C ~ ~ f ' ~~ ' i ; ~ ~ ~ : ~ ~~ ~ i ' ~ }}} ~ ~ y L 1 ~~ i f t ~ ~ ~ ~ ~. l ~~~ ~ ~ ~ o ~ ~ ~ r ~ . • February 29, 2008 CPA 07-002 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT City of Meridian Planning Department ITEM No. 5-G REQUEST Resolution -Request to amend the Comprehensye Plan Future Land Use Map for the South Meridian Area to expand the future land uses designation for South Meridian Area Comprehensive Plan Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: )~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY Q / CENTRAL DISTRICT HEALTH: O p NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: u RESOLUTION NO. ~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE SOUTH MERIDIAN AREA TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the South Meridian Area to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -SOUTH MERIDIAN AREA -CPA 07-002- Page 1 of 2 ' s ~ ~ q~ ~ ~ ;. P % ~ ~ ,. S :~ ~ F Y ~ .I r y Z ~ ' i ~ ~ s ~ I ~ ~ ~ ~ t ~ ~ ~ ~ ,: ~ I ~ r ' ~ ~ ~ ~~ F h ~. J- ~ ~f i 4 3 . ~ ~ ~ 3 ~ r c r ~ ~ ~~~ E ~ ~ ~ ~. , I ~i~' t ,' ~ ' ~ ~ ~ ~ ~ ~ , I { , R I ry 7 ~ ~ ' ¢ t ~ ~ ~, t i t t ~ II ' l y ' ~ I' ,~ d~ f ~ ~ _ i I ~ ~ ~ ' ~ ~ ~ , ~ l~~ ~s ~ ~. ~ ~~ ~ , @~ 4 ~ ' ' ' ~ ~ I r ~ S { ~ J `' Y } J~ d ~~ ~ ~~ f } ! S I~~' ~ - ~! ~ r ~ ~ E CJ ADOPTED by the City Council of the City of Meridian, Idaho, this day of ~~~_, 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this day of ~ ~_, 2005. APPROVED: ATTEST: By: Jaycee I~lman, City Clerk ````~~,11~1111-IAv~~or T y e Weerd ~~ ~ ~~~s% ~e ~ ~ o ` ~ rrR ~~ ~a~~ ,~~' ,~ ® `~~. ',,,'/~~~~11111f1 111111~1~\it``~\ COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -SOUTH MERIDIAN AREA -CPA 07-002- Page 2 of 2 ~ r ~ , ~,-. , } i ~ ~ ~ 1 ~ f i ~ ~ rr Y ~ .L ~ ~ ~.! ~ u } F t ,t i ~ 4 i ~ .: ~ ~ ,3 ~ z ~ 4 [F 7 IS S 6 Y ` x r j ~ ~ ~A ~ ~ £ , i ~ ~ ~ 3 I ~ ~ ~ S } 3 ` E ~ u p ~ '~ J ss ' ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ i ~ r ~'~j i ~ Ih`~ ~ { J ~ . j [ 55 ~ ~ I f I ~~ I~ t ~ : ~ l if ~ ~ ~ ~ ~ ~ t i ~ , ~ ~ ~ ~ Sq ~ f ' ~ ' ' ~: ~ .C 4 3 : r ~ j ~ e ~' ~ I ~ ' } i i ; t ~ 7773 ~~ ' 1 444 ~ ,' South Meri~ian Future Land Use Map ~~ ~ ,~ .~ ~, \~ 0. 0.4 ~ 0.8 ~c 12 1.6 ~'` ~~~ -1 tl~ / (\ \\ `~ -- - _ ', } Legend ~~ -] Creeks & Canals 0 Low Density Residential ®Revised Study Area Commercial 0 Mixed Use -Neighborhood Planning 8~ Referral Area 0 Med-High Density Residential 0 Mixed Use -Regional o Parks Existing & Potential ~~ Mixed Use -Employment 0 Mixed Use -Community j Schools Existing & Potential Industrial Ten Mile Interchange Specific Area Fire Stations Existing & Potential Medium Density Residential ~ Public/Quasi-Public Potential Transit Stations • • February 29, 2008 CPA 07-009 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT City of Meridian Planning Department ITEM NO. 5-H REQUEST Resolution -Request for a Comprehensive Plan Text Amendment for South Meridian Area __ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: r CITY SEWER DEPT: ~` CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: (~(`/~ SANITARY SERVICE COMPANY ~ ` ~- \ '\ CENTRAL DISTRICT HEALTH: ~~ NAMPA MERIDIAN IRRIGATION: 0 SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shaD become property of the City of Meridian. a ~ ? ~ ~ ~ 3 ~ ~ ` ~ I ~I ~ ~ J f ~ ~ ~ f r ~ y ~ s t ! ( ~ I ~ ~ ~ .+ d ~ ~; I ; j y t ~ ~ ~ 'I ~ '~ ~ ~ ~~' G ~ ~ ` b . ' j ' it ~ .j. ~ Rg r g I E ~ ~ ~~ ~ ~~ [ s ~ -` `~ ~ I .i V ~ `~ 3 f, + ' ~ ~ ! ~ ~ j i ~ a ` ~ { ~ _, ~ ~ ~ i ~~ 1 I I' ~ r ~ ~ I ~ ' F . i ~ C ~ x ~ ~ ~ . ~ ~ ~' ~ I ~ y F ~ ` it r ~ ~ 1 ~ ~ f i '1 ~ ~ ~ ~7 k ~ ~ ~ ~ ~ - d ,. i F ~. i L ~ i t c z f' ~ `4 ' I .' ~' ~ i f~ ~ ,. i 7' i i ., ~: ~ ~ y , I , j , ; ~ , I i~ , ~~ f ~3 ' ~ ~ t t ; ° I I CITY OF MERIDIAN BY THE CITY COUNCIL: O RESOLUTION NO. DC ~ ~ 9-l BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO ADD MEDIUM HIGH DENSITY RESIDENTIAL TO THE LAND USE CHAPTER OF THE PLAN; TO INCLUDE RESIDENTL~L USES IN NEIGHBORHOOD CENTERS AND AMEND THE TEXT OF THE MIXED USE REGIONAL DESIGNATION AS RECOMMENDED BY THE CITY OF MERIDLAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and, WHEREAS, the Meridian City Planning Department is requesting to add medium high density residential to the land use chapter of the Plan; to include residential uses in neighborhood centers and amend the text of the mixed use regional designation as recommended by the City of Meridian Planning Department; and, WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDLAN, IDAHO AS FOLLOWS: COMPREHENSIVE PLAN AMENDMENT -SOUTH MERIDIAN AREA -TEXT -CPA 07-009 -Page 1 of 4 ~ : ~' f- f ~~ ~ ~ ~ ~4 f ~ ~ i ~ t s 1 ~ # ~ .i ~ ; ~ ~ I ' v ~ . ~ E ~ ~ 5 1 . ~.~ I ~~ :r f 1 i - 6 t ~ `~ ~~ ~ ~ ~ t t A ~ ~~ 1~ ~~ ~I ~ ~ i i ~ ' ~ j 11 , ~~ ~ ~ ~ i ~~ ~ f I ! . f ~. ~ ~I ~ ~~ 4 ~ j I r~ ~ ~ f i ~s ,,i i ~ 1 '~, a ~ ~ ~ E ~ ~, E ~ ~ ~ i ~ ~ . ' ~ i , ~ a r ~ f ~ ' ~ is ~ i ~ ~ ~ ~ ` ? ~ t+~ " 3 ~~; r ~ ~ ~ ! - ; ~ { ~: • • SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan by adding Medium High Density Residential to the Land Use Chapter of the Plan; to include residential uses in neighborhood centers and amend the text of the Mixed Use Designation as recommended by the City of Meridian Planning Staff. A copy of this Resolution shall be held on file in the office of the City Clerk. The revisions to the Comprehensive Plan are as follows: Comprehensive Plan Tezt amendments to Chapter VII, Section C. Future Conditions, 1. Land Use Current Description replaced with the following: Mined Use-Regional. The purpose of this category is to designate areas at prominent corners of major arterials for developments that provide a mix of employment, retail, and residential or public uses. The developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The detailed standards for the category provide an incentive for public and qua.si/public uses where they provide a meaningful and appropriate mix to the development. The intent is to integrate a variety of uses, including residential and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. The following standards will apply to this category: • Residential uses shall comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre • Retail uses shall comprise a maximum of 50% of the development area • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses • All developments shall have a mix of at least three of the four types of uses: retail, non-retail commercial, public/quasi-public and residential • Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios below: o Supportive public and quasi-public uses would include parks, plazas, outdoor dining and gathering areas, open space, environmental restoration, libraries, public schools, etc. o All such areas must be open to the public and not limited to patrons of the development. o For land that is being donated (or nominally sold) to the public, such as a library or school, the developer is eligible fora 2:1 bonus. That is to say, if there is a five-acre library site, the project would be eligible for ten additional acres of retail development. COMPREHENSIVE PLAN AMENDMENT -SOUTH MERIDIAN AREA -TEXT -CPA 07-009 -Page 2 of 4 • o For active open space or passive recreation areas, such as a park, tot-lot or playfield, the developer is eligible fora 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for 20 additional acres of retail development. o For plazas that are integrated into a retail project, the developer shall be eligible for a 6:1 bonus. Such plazas should provide a focal point (such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza, the developer would be eligible for three additional acres of retail development. Sample uses include: All MU-N and MU-C categories, entertainment uses, major employment centers, clean industry. Current description amended as follows: Neighborhood Center/Mixed Use. This designation will provide a blend of high density residential, small scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII-3. Neighborhood Centers that straddle or are centered around one or more principle or secondary arterial should adhere to a similar desi xgri and recognize access control measures as conve~v Ada County Highway District. In the South Meridian Area, ep nding the adoption of the South Meridian Transportation Study, access control standards consistent with the South Meridian Transportation Study should be implemented. The purpose of these centers is to create a centralized, pedestrian- oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. Fort percent of all land within Neighborhood Centers shall be developed for residential uses. The centers should offer an internal circulation system that connects... New designation added: Medium High Density: To allow for the development of a mix of relatively dense residential housing types including townhouses, row houses, condominiums and ~artments. Residential densities should range from eight to fifteen dwelling units per acre, with a target density of twelve units per acre. These are relatively compact areas within the context of lar eg r neighborhoods and should be located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments should incorporate high quality architectural design and materials and thoughtful site design that incorporates connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT -SOUTH MERIDIAN AREA -TEXT -CPA 07-009 -Page 3 of 4 rr ADOPTED by the City Council of the City of Meridian, Idaho, this ~~day of r ~1~~ , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~' ~ day of 2008. APPROVED: ~~~~~~~~ Mayor T e Weerd ``\````\`'~,N NN 1111 i N l irii~~~,''/se ATTEST: `ems ~~~ ~ ~~i By. ~~~~ Jaycee olman, City Clerk ' ~ ,~ COMPREHENSIVE PLAN AMENDMENT -SOUTH MERIDIAN AREA -TEXT -CPA 07-009 -Page 4 of 4 e • February 29, 2008 CPA 07-013 MERIDIAN CITY COUNCIL MEETING MQfCh 4, 2008 APPLICANT ITEM NO. Jir'-I REQUEST Resolution -Request for a Comprehensive Flan Amendment to modify the future land use map to Change Four nodes with land use designatioru of Light Industrial to Commercial fwo nodes from light industrial to public /quasi public for a future school site AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See oiloached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~~ CITY WATER DEPT: CITY SEWER DEPT: ,l / CITY PARKS DEPT: ,Vr" MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~/ SANITARY SERVICE COMPANY I, CENTRAL DISTRICT HEALTH: v NAMPA MERIDIAN IRRIGATION: ~~~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of fhe City of Meridian. ~ r ~ ~ ` ~ ~ 1 S i ] 3i .0 3 F ~ .~ ~ + ~ ~ ~ 't .+ y j ~_ i ~~ y I ' ~ i ~. ~~ 1 3 I 6 .; 1 ~: ¢ ~ ~ r ~ ~'~~ f~ ~~ ~ a ~ ~ i d ~ ~ ~~ ~; ~, `~ ~ ~ f ~ ~ ' ~ ~ ~ i ~ ~ ~ ~ . ~ ~~ ~ a 3; , 4 ~~ R. ; r*+~~ E ! ~ t i .. € i ,. ~ j i f k = '' CITY OF MERIDIAN BY THE CITY COUNCIL: u RESOLUTION NO. ~C ~ ~ ~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDL~N TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN TO CHANGE FOUR NODES WITH LAND USE DESIGNATIONS OF LIGHT INDUSTRIAL TO COMMERCIAL, TWO NODES FROM COMMERCIAL TO LIGHT INDUSTRIAL AND ONE NODE FROM LIGHT INDUSTRIAL TO PUBLIC/QUASI PUBLIC FOR A FUTURE SCHOOL SITE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan to change four nodes with land use designations of light industrial to commercial, two nodes from commercial to light industrial and one node from light industrial to public/quasi public for a future school site; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -CPA 07-013 -Page 1 of 2 U 1,_J ADOPTED by the City Council of the City of Meridian, Idaho, this ~~day of 2008. 4h APPROVED by the Mayor of the City of Meridian, Idaho, this day of ~~~ , 2008. APPROVED: ,,,~~~~t~'t~1~Ia~;pr Tamm a Weerd :~' ( ~~`s °R ~~ ATTEST: ~~® - ~~ _ Jaycee olman, City Clerk ~, r t~ ~ ~ ~~ ',lllllltttl Itltlr~~~,`~ COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -CPA 07-013 -Page 2 of 2 r~ ~~ ~~ ~~ ~~" - - ~ CZ a_ GI~~~ \ M 0 L -- _~ T~ z A ~~~ ~' -art ~_ I Exhibit 3 Cfty of Meridian Fnture Land tise 14Iap e a o-.a an , v ease Fuhae LvM Uses Q wrm umvsmFaemte 0~ 0~~~+ O ~~~ Q mo~m~. ®~,~- O ~-~ O -~ O - _~ ~~ • a~~s~ - ~~w. ~~ m 'm'om ~..~~.° ®~,~ _~~ ~~~~ ~~8. ~" ~,a~ ~ _ ~-,~-- I.. __ 2 ~-- y. -- , C ~~ ~ -`e - -- - -wcdmss~ I ~~j ~ 9 I _ - •, i `~ ._m, .. _. ~ s - -Jr ~ ~ ~ - , ,~ - _ ~ -~~ ..~.C - - -r ~ '-may 'If .~._. _ ~.:~~~ ~ ~ r ` i ~ ., I ~ 3 _ _ a ~%RMV~{L.ff v ~ ~ ~~ ,..- _. ~--Iit .S Zvi. ~ i i t " t ~ ~ v.~_ ~ ~ ~ • ~ , y - ~ - - ~~ -_,:_ i ,mkvC E 'L;7e> > _ I _ _ _ '-_ ~ ~ *.1 - - •--- I'.,... __. -- - A ~ ~ .'.dot , ~~~ ~~. ~ m -----; :I _ i 'fir r -, -~ ,..~ ~ ~ kJ.~ ~. ~~ ~ ~. ~- ,F. i,~.a~c F ' -- - .- - -'1 ~ .~ - ~ ,~P ,, -- `~~I • Febri.lClCj/ 29, 2008 MERIDIAN CITY COUNCIL MEETING March 4~, 2008 APPLICANT ITEM NO. JI'-J REQUEST Parks Department P®rk Facility Use License Agreement AGENCY COMMENTS CTf`f CLERK; CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~~ CITY PARKS DEPT: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Ernailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. Page 1 of 1 • Tara Green From: Steve Siddoway Sent: Monday, March 03, 200811:00 AM To: Tara Green Cc: Tammy de VNeerd; Charlie Rountree; David Zaremba; Colin Moss; Emily Kane Subject: FW: Final draft PAL Settler's Concession Agreement Nttachments: FINAL Settlers Park Concession Building Use agreement with PAL.doc Tara, Attached is the final draft of the Settlers Park Concessions Building Use Agreement with PAL for the City Council consent agenda. It has been reviewed by both legal counsel and staff. Also, I discussed the approach with Dave Zaremba on Friday. The attached copy is unsigned; Colin is coordinating the signed copy today with PAL and will get it over to you. Let me know if you have any questions. Thank you, Steve From: FJnily Kane Sent: Monday, March 03, 2008 9:10 AM To: Steve Siddoway; Colin Moss Cc: Bill Nary; Ted Baird Subject: Fnal draft PAL Settler's Concession Agreement Let me know what else you need from me, glad to help. Thanks, Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancityorg 3/3/2008 • ~_ ~~i~E IDIAN~-- IDAHO PARKS AND RECREATION DEPARTMENT 'ARK FACILITY USE LICENSE AGREEMENT THIS AGREEMENT made and entered into this ~ day of March, 2008 (hereinafter "Effective Date', by and between the City of Meridian, a municipal corporation of the State of Idaho (hereinafter referred to as "LICENSOR' and the MERIDIAN POLICE ACTIVITIES LEAGiJE (hereinafter referred to as "LICENSEE") for the purpose of operating food concessions sales in the concession building in Settlers Pazk, located at 3401 N. Meridian Road, Meridian, Idaho (hereinafter "Pazk Concession Building"). WITNESSETH: For and in the consideration of mutual covenants herein contained, the parties hereby agree as follows: ~ , 1. The LICENSOR hereby agrees: To permit LICENSEE to utilize the Pazk Concession Building to sell concessions to park users, in accordance with the terms and conditions set forth herein. 2. Term. of Agreement: The term of this agreement shall be March 8, 2008 to April 26, 2008. Begihning and ending dates shall be inclusive, unless sooner. terminated as herein provided. 3. Time of Use: LICENSEE shall have access to the Pazk Concession Building only on Saturdays between and including March 8, 2008 and April 26, 2008, except for March 29, 2008, from 6:00 a.m. to 6:00 p.m. LICENSEE shall not gain access to the Pazk Concession Building at any other time. The violation of or failure to comply with this provision shall constitute a breach of this Agreement, aad may subject LICENSEE to additional civil and criminal penalties. 4. Compensation: a. Rental fee: For the use of the Pazk Concession Building pursuant to the terms and conditions set forth herein, LICENSEE shall pay to the LICENSOR a rental fee in the amount of`$175.00. LICENSEE shall provide such payment in hill by 5:00 p.m. on March 7, 2008. b. Damages: Additional charges may apply if LICENSEE's use of the Park Concession Building requires services to, repairs upon, or replacement of the Pazk Concession Building and/or other City property. All damage costs will be billed to LICENSEE. PARKS FACILITY USE LICENSE AGREEivffi~T -PAGE 1 OF 8 s s ,~; ~#- ~ f+ i ~~~ ~ i i i F '~ I ~.. . 5. LICENSEE further agrees: a. Facility Regulations. LICENSEE shall comply with each and every term set forth in the Facility Regulations, attached hereto as Exhibit A. The terms set forth in the Facility Regulations are material to this Agreement. The violation of or failure to comply with any term set forth in the Facility Regulations shall constitute a breach of this Agreement. b. Keys. Upon LICENSEE's payment in full of the rental fee as set forth herein, LICENSOR shall issue to LICENSEE one (1) key to the Pazk Concession Building and one (1) key to the roll up service doors in the Pazk Concession Building. LICENSEE shall neither duplicate these keys nor cause or allow these keys to be duplicated. LICENSEE shall provide to LICENSOR the name and telephone number(s) of the person that shall be responsible for these keys. LICENSEE shall return such keys to LICENSOR by 5:00 p.m. on Apri128, 2008. Should such keys not be returned by this time, LICENSOR may change the locks and bill LICENSEE for the costs thereof. c. Service to public. In the course of its use of the ~azk Concession Building, LICENSEE shall not restrict sales of concessions to its members, employees, agents, contractors, officials, officers, servants, guests, invitees, and/or volunteers, but shall allow the purchase of concessions by all park users and members of the public. In the course of its use of the Pazk Concession Building, LICENSEE shall not discount concessions sold to its own members, employees, agents, contractors, officials, officers, servants, guests, invitees, and/or volunteers, but shall provide a unified concessions pricing schedule for all patrons. b. Indemnification: LICENSEE and each and all of its members, employees, agents, contractors, officials, officers, servants, guests, invitees, and/or volunteers, shall indemnify and save and hold harmless City from and for nay and a111osses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by LICENSEE or its members, employees, agents, contractors, officials, officers, servants, guests, invitees, and/or volunteers, at or in its use of the Pazk concession building or any lack of maintenance or iepair thereon and not causes by or arising out of the tortious conduct of City. 7. No warranty: LICENSOR makes no warranty or promise as to the condition, safety, usefulness, or habitability of the Pazk Concession Building; LICENSEE accepts the Park Concession Building for use as is, both at the Effective Date of this Agreement and for each use subsequent thereto. 8. Insurance: LICENSEE shall maintain, and specifically agrees that it will maintain, PARKS FACII.TfYUSE LICEPISEAGREEMENT -PAGE 2 OF S ~~ ~ ~ ~ ~ ~ ~ j i , ~ $ ~ i~ ,~ ; ~ ~ ~ ~~ ~ 4 ~ < ~~ ~ ~ ~ , ~ , ~ ~. f 1 ~ i ~~ I i~ S~ j; ,,~ `F ~;. ~l f t i ('-, f I ', { ~ ', I I throughout the term of this Agreement, comprehensive general liability insurance in which LICENSOR shall be named insured in the minunum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, i.e., $500,000.00. The limits of insurance shall not be deemed a limitation of the covenants to indemnity and save and hold harmless LICENSOR; and if LICENSOR becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of LICENSEE or its members, employees, ~geIIts, COIItractorS, OfftC1a1S, Officers, Servants, guests, invitees, and/Or volunteers, LICENSEE covenants and agrees to indemnify and save and hold harmless LICENSOR from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. LICENSEE shall provide LICENSOR with a Certificate of Insurance or other proof of insurance evidencing LICENSEE's compliance with the requirements of this paragraph. Evidence of all insurance shall be submitted to the City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642. In the event the insurance minimums of the Idaho Tort Claims Act are changed, LICENSEE shall immediately submit proof of compliance with the changed limits. 9. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights under this Agreement except upon the prior express written consent of LICENSOR 10. Compliance with Laws: In performing the scope of services required hereunder, LICENSEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments, including, but not limited to, Meridian City Code and Codes adopted thereunder, regulations of the Central District Health Department, and the Idaho Food Code. 11. Idaho Food Safety & Sanitation Certification: LICENSEE agrees that at least one (1) representative of LICENSEE who has obtained the Idaho Food Safety & Sanitation Certification from the Central District Health Department (hereinafter "Certified Representative") shall be present in the Park Concession Building at all times during which LICENSEE is using and/or occupying the Park Concession Building. The Certified Representative shall be responsible for ensuring that all food sold and/or served from the Park Concession Building is prepared and handled in accordance v~nth all applicable laws, regulations, and food safety principles. The Certified Representative's Idaho Food Safety & Sanitation Certificate shall be available for inspection by LICENSOR upon request at all times during which LICENSEE is using and/or occupying the Park Concession Building. Upon LICENSEE's failure to immediately produce such Certificate upon request by LICENSOR, LICENSEE shall discontinue operations and shall vacete the Park Concession Building. Additionally, such failure shall constitute a breach of this Agreement 12. Fire Inspection: Prior to use of the Park Concession Building as set forth herein, LICENSEE shall obtain an inspection by the Meridian Fire Department for compliance with all applicable provisions of the International Fire Code as adopted and amended by the Meridian City Code. PARKS FACIIdTY USE LICENSE AGREEIt~N1' -PAGE 3 OF 8 13. Discrimination Prohibited: LICENSEE, in the operation and use of the license herein granted, will neither discriminate nor permit discrimination against any person or group of persons in any manner on the grounds of race, color, sex, religion, national origin or ancestry, age or physical handicap. Non-compliance with this provision shall constitute a breach of this Agreement, and in the event ofnon-compliance, LICENSOR shall terminate this Agreement. 14. Reports and Information: At such times and in such. foams as the LICENSOR may require, LICENSEE shall furnish to the LICENSOR such documents, statements, records, reports, data, certification, and information as LICENSOR may request pertaining to matters covered by this Agreement. 15. Contract Limitations: 'This Agreement shall apply to and be binding between LICENSOR and LICENSEE only as to LICENSEE's activities related to the use of the Park Concession Building as approved by LICENSOR. ~ _ 16. Effective Date: The Effective Date of this Agreement shall be as set forth above. The parties hereto acknowledge and agree that time is of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 17. Modification: There maybe no modification of this Agreement, except in writing, executed with the same formalities as this instrument. 18. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Attn: Parks and Recreation Director 331;. Idario Avenue Meridian, Idaho 83642 Meridian Police Activities League _ Attn: Commissioner 250 N. Baltic Place, Suite A Meridian, Idaho 83642. Either party may change its address for the purse of this paragraph by giving written notice of such change to the other in the manner herein provided. 19. Grounds for termination. Grounds for termination of this Agreement shall include, but PARKS FACILITY USE LICENSE AGREEMENT -PAGE 4 OF 8 ~ ~ ~ i ~ .~ ~ ~ ~ ~ ~ ~~ ~ ~ V ~F ~ ~ f ~ ~ ~ ~ ~ ~ ~ _. ~ ~~ i i { 'f 1{ 7 ~ f ~ ~ S i' I 4 o I F.~ 4 . 4 ~ f j I { l ~ 7 I~ ~ r +1 ~ ~ S ` •. i ~ - ~ 1 ~ ~ ~ f ~ i i ~ I ~ ~ ~ [ ~ I~ C ~ [ ~ ! ~ k s is ~ ~ p E i ~ - ~ ~ i ~ I u` ~ ~ r t ~ ~ L F °F 7 ; f ~ III _F ~. i i i I, ~ ~ [ ~ ~ ~ _~ Y ~ 1 ~ 1 ~ ~t ~~ I, I ~ ~~ l - , ' ~ ~ ~ E ~ 1 . ~f t I ~ ~Y I ~ ~ ' c shall not be limited to: a. An act or omission by either party which breaches any term of this Agreement. b. An act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. c. A change in circumstances that renders the performance by either party a detriment to the .public health, safety, or welfare. 20. Default and Breach: If LICENSEE is in default or breach of any of the terms and conditions of this Agreement, or violates any applicable law, ordinance, rule or regulation, then this Agreement shall be deemed terminated and forfeited without notice or demand, LICENSEE shall be found in default or breach, and all rights of LICENSEE hereunder shall be terminated. Upon default, breach, and/or termination, LICENSEE shall be liable to LICENSOR for all damages and costs, including legal expenses and attorneys fees suffered or incurred by LICENSOR in the enforcement of any of the terms or conditions of the AGREEMENT. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 21. Termination by Mutual Agreement: This Agreement may be terminated at any time upon the mutual written agreement of the parties. 22. Exhibits: All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 23. Independent Licensee: LICENSEE is and shall at all times be considered an independent licensee and is in no way an employee or independent contractor of the City of Meridian. The selection and designation of the personnel and resources to be employed by LICENSOR in the performance of its obligations under this Agreement shall be made by LICENSOR 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Entire Agreement: This instrument embodies the whole Agmement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements either oral or written, between the parties hereto. 26. Non-waiver: The failure of either party to promptly enforce the strict performance of any term of this Agr~ment shall not constitute a waiver or relinquishment of any party's right to PARKS FACILITY USE LICENSE AGREEI~NT -PAGE 5 OF 8 1 ~'' ~. ~.~ 3~~ { { ~~ jll3 ggyy d A ,A i Ilr~ i{ i . ~ ~i i ~, i i 9 ~I, ~ i ~.~ $ i i i; i f' k i' f r ~ ' `. ~. C~ thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. 27. Applicable Law: This Agreement shall be governed by and construed and enforces in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 28. Approval Required: This Agreement shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties hereto have subscribed their names, the day an~l~year first above written. LICENSEE By: Tom Ro ,Commissioner Meridian Police Activities League CITY OF MERIDIAN Attest: Jaycee ``~ •~`'.~ 0¢ ~,`~q~nmy a eerd, Mayor `` ~ ~, c? r -,. ~ ~V f9s x =_ ~~~, _ City Clerk ~'-,,~-Q~ r ~~c •'~ ~~`.~``. PARKS FACIIITY USE ~dCENSE AGREEMENT -PAGE 6 OF 8 ; i ~ l h I ~ I ~~ I ~ I ~ i ' 4 i '• ' ,, t '., ~ ~ i ~ , ~ I ! i f 1 r k i M ` ~ ~ ~ 4 ! 1 ~ i j ~ ~ l ~ ~ ' ` ~ i, 4 ` , k ~~t , ~ ~ ~ ~ ~ f ~ - h x; ~ i I ~ ~ ~ 5 } ' ¢: ~ { t F ~ ~ - A. ~. ` ` 1 ~ ~~ ~ ~ (( f ( ~ s J I 2J f t ' ~ ~ ~ ~ ~~ 1 , ~ Y C{ ~~ + 1 I i } q ~ I~ • ~ , S ~ ~/ 1} k ~ ~ • } S V ~ ~ ~i i ~ S t. -~~ • I+:~HIBIT A FACILITY REGULATIONS SETTLERS PARK CONCESSION BUILDING 1. As to each and every use of the Pazk Concession Building by LICENSEE, LICENSEE shall adhere to each and all of the following regulations: a. LICENSEE shall not use the popcorn popper. b. LICENSEE shall not pour carbonated or other acidic liquids down the sink drain without immediately running water into the drain for at least thirty (30) seconds. c. LICENSEE shall not allow cooking grease or charcoal to be dumped down any drain at the Park Concession Building any drain at Park. Before disposing of cooking grease or charcoal in the garbage, LICENSEE shall place it in a separate container rather than placing it directly into the gazbage. d. LICENSEE shall not sell any alcohol or tobacco products. 2. At the conclusion of each and every use of the Park Concession Building by LICENSEE, LICENSEE shall: a. Secure and lock all exits and access points to the Pazk Concession Building, including, but not necessazily limited to, the~main door aad~he roll-up service doors. b. Remove all items brought by or belonging to LICENSEE from the premises, including both the refrigerator and freezer. Nothing may be stored in the Pazk Concession Building while the Park Concession Building is not being actively used to sell concessions. c. Empty the trash cans inside the Pazk Concession Building and remove the gazbage from the Pazk premises. d. Mop the floors inside the Pazk Concession Building. e. Wipe the counters and tables inside the Park Concession Building. 3. During and at the conclusion of its use of the Park Concession Building, LICENSEE shall insure that the azea within and immediately adjacent to the Pazk Concession Building is PARKS FACII.ITY USE LICENSE AGREEMENT -PAGE 7 OF 8 p :~ i ~ ~ S ~ ' ' ~ ~ f 4 ~ .. i ~ v f ~ : t, .: C y 99 _ ~ s ~ ~ t_ ~ ~.~ { ~ ~ ~ r3[~ ~` j ~. ~ ' ~ ~ ~, 4 l] ~ I ! t y ~ 1 ; I ~ it f 4;; ~ ~ S ~ * N ~` ~ ~ ' ~ :I ~ ~ '~~ ~ , a = l~ .. 9 '~ ~ i z ~ ; l l '' ~ ~ ~ ~ ~ ~ ~ t 333 ~ ~ ~ t 'r s.- i ~ ~ ~ ; .i I ~ ~ • kept clean and free of all debris and litter caused or created by the use of the Park Concession Building and/or sales of concessions therefrom. 4. Except as expressly set forth herein, LICENSEE shall not place banners or signs of any kind in the pazk or upon park facilities including upon the exterior of the Park Concession Building. LICENSEE shall not affix banners and/or signs to park trees, shrubbery, or .facilities by any means. LICENSEE may affix temporary signs upon the interior of the Pazk Concession Building to identify its use, menu, and prices, but in no event shall LICENSEE affix such signs in a manner that is difficult to remove, damaging to any Park Concession Building surface, damaging to the structure or fixh~res of the Pazk Concession Building, unsafe, and/or hazardous. PARKS FACILITY USE LICENSE AGREEMENT -PAGE 8 OF 8 February 29, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Mayors Office ITEM NO. 6-~--1 REQUEST Proclamation for Mountain mew High School Wrestling Team Day AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pub8c meetings shall become property of the City of Meridian. ~ i •` ~' ,~ '': , gj f~, t9 i 11 ~`ri3 ~ ' ~ 3 ~f.: ~~- ~ i ~ ! 4 ..,s~~' ~,' ''°i ' ; ` ~ -~j ,~ at F ~ ~rijt~ >~~ n~~ ~_~~ u' 9c, ~ s ~ ~ ` ,~ € € ~7 ~d t Y ~1I~ t 6 t ~ ~ Q Q i`r ' 1~2i7~: ~. a t t i ~ ~ i f } ~ y 1 I_ 1 t 1t{[rN 1' is . '. ' • s E IDIAN.~- 2'Fie Office of t`ie 9Vlayor P R O C L .~l ~l .~l 2"I O N 1Nhereas, the City of Meridian recognizes and commends the Mountain View High School Wrestling Team for having an outstanding season; and 'YVhereas, this team won the state 5A high school wrestling championship on Saturday, February 23, 2008; and 1Nhereas, this team was also presented with the academic state championship trophy; and "1Nhereas, Coach Cliff Laughlin was honored as the 5A Coach of the Year; and "1Nhereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, athletic director, cheerleaders, students, faculty, parents, boosters and supporters; ~Fierefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Thursday, February 28th, 2008, as ~VlourLtain 1~ie-w 3~'igF~ ScFiool ~Vrestlir~ beam Da y in the City of Meridian in recognition for the success of the Mountain View High School Wrestling Program this season. Dated this 28th day of February, 2008. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Joe Borton, City Council `~ a ~ ° :~ ~ : ' ~ I u ~~ I 1 , _ }} i ~ , , ~ I I ~ ~ , I 7 i '~j - ~Il.~ ~ 1 t 4 ~ r { ~ ~ i ~:.a r, C _ ~ ~ ~ .j ~ ~~ ~ ~ ~ 4 ~ ;p ` } ~ ~i j 3 ~ ~ ~ ~ ~ € ~ ~ § n) I ~~ ji, i ~ ~ c ~~ i ~ -~ ~ 5~ A 11 1 ~ r Bpi ~ ~ i ' i } ! ~ { February 29, 20®8 AZ 07-018 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Seagle Three, LLC ITEM NO. $ REQUEST Continued Public Hearing from February 19, 2008 -Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's square Subdi~ston - 870 Wes# Ustici< Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: COMMENTS See Previous Item Packet /Minutes ~~ P ~~~~ ~~~ ~,1~ Materials presented at public meetings shall a etir~s~~ e"7'~~i~vc.roM ~~. f ,~ Phone: ~ ~1~Qu~' 3ff Initials: property of the City of Meridian. .a .a 3. F~ f f I . E e ~~~ ~ ~ t' ~ i ' 1 t s ~ ~ ~ ` ~~~ - ` ~ y. ~~ F ~- ~ t ~ , ;~ , ! ~ 4 3 1 + a ~ e I ~ ; 1 'I. r i ' ~ ~ ~~ ~ E ~i ~ ~~ I ~ ( ~ } { ~~ ~S '~ ~;: ~ r a f ~. February 29, 2008 PP 07-024 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Seagle Three, LLC ITEM NO. 9 REQUEST Continued Public Hearing from February 19, 2008 -Request for Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision -- 870 W. Ustick Rd AGENCY COMMENTS CITY CLERK: See Previous Item Packet / AAinutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: r ~~ ~ ~ ~ S CITY FIRE DEPT: CITY BUILDING DEPT: •~ ~~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: ' Materials presented at public meetings shall become property of the City of Meridian. '" t~~'^111." F ~ ~ ~ ~ g z ~ ~~ ~ ~ ~ ° ~ ~ ~ 9 i ~ ~ ~ 22 z i:. ~~ i t .k, ~~~ ~ ~~ r ~. i .~. ~ ~ ~ + 3- 3 y ~ 77 r 5 ~ t • ,ff ~I ~ .~i ~ ~ ..; E d : ~ ~ ~ ~, ; t ~-_ ~~ ~ ~ ~ r; h r r ~, ~ } ~ = t~ ~ - r• , ~ ., ~ ~ ~ ; ' ~ Y L ' 1 y J r L 1~ .E 4 fi ~ , r. ~~Z ~ ~ ! ~ ~~ t ~~-G- a ~ =1 i ~ ~ i ~ _ ~ ~ ~ ~ '{ ~ ! i 4 t ~ ~ f ' ~~l ~ y ~ i ~ ~ ~~ S ~ ' ;~ S ~ { i i f' ~ ~ f h$ ~ h • t ~ p j ~ 1 ~ S ` ~ ~ i _~. ' xx •i ~ - ~ j 5 .1. ,~~i • ' i ' ~ " F ~ ~ ~ y ~ , ~ ~. x ~ ~ ~ ~ a a - I ~ a , , t ; ,r 't ~ ' ~ ~ ~ ~ ~ ~ r ~ _~ ' 3 ~ ; ~ ~ ~ a S ~, 7 . :. ~4 ~ ~ r w _ . ;S ~ ~ ~ ~ ~ ~ i lS~ r ~ ~ 9 ~ ~ _ :t • 1=ebruary 29, 200$ ZCA 07-002 MERIDIAN CITY COUNCIL MEETING March 4, 200$ APPLICANT City of Meridian Planning Department ITEM NO. 10 REQUEST Public Hearing -request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E of the UDC and the definition of Temporary Use found in Chapter ] , Article A for Temporary Use UDC Text Amdm# AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet i Mtnu#es CITY ENGINEER: CITY PLANNItdG DIRECTOR: See attached Memo CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANCTARY SERVICE COMPANY i CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented ~ pubftc meetings shat) become property of the C(ty of Meddlan. F i ~t ' ' ~ I ~ ~ ~, ' _ t ~ ~ ~~ I I{~ i ~ ~ t~ ` . f J ~ i ~ c ~ ! ~ 1 ~ ~ ~ f ~ ~ E. $ :9 j i ..f i i r~ ~ j ~ i ~ t ~ ~ ~ ~ ~ pq ,~~ ~g,F - ~ s ~~ {F ~ h4 , g ~ I ~ SS ~ € . ~ ~ ~ 3 I~ ~ ~ I ^ ( § ~ . ~ ~ ~ l ,5. ~ ~ 4 #' t i _ g , ~ ~ p $ Y ~ ~ f ;RE~ ~ g F ~ .a ' ,~ "' f i 'l ~~ ~~ ~ ~ ~ ' ' K ! $ I q ! { ~'~ ~ ~ '~ff ~ ~ ~ , s4.~ D ~ ~~ R ! ~ f{ n 1 ~! '£ ' ~ 1 ~ I ~ f ~ ! k i1 '~ ~= f , f 9 , ~ ~ ~ 1~ f i 4 ~ ~. ~ ~ ~i, ~ r '~i ~~ , s ,t ~ ~ ~ ;: ~ ff~~~ F ~'; f~ ~ ~ q, {E f i t i February 29, 200 SHP ®~--0®1 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT BoiseValley Commons, LLC ITEM NO. 11 REQUEST Public Hearing -Request for a Short Plat to crew#e 4 building lots on 2 acres in a C-G zone for ®eslination Place Subdivision No. 2 - 2295 E. Cinema Dr. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: LDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Report No Comments See attached Comments See attached Commee~ts See attached Comments See attached Commer>fis Contacted: _~ _~,a, Date: ~ ~ ~ 6 Phone: JG, .~, Emailed: O~s ~.~~~~y~+~ e~M Sta 'Initials: Materials presented at public meetings shall become properly of the City of Meridian. ~ ~~ 11 I ~ ~ ~ ~ ~ ~ ~ " :~ ~ ~ ~ ~a ~ ~~ ~ ~ i ~ ~ ~ ft } 2 ~~ $ .~ r -~.i i ~ r ~ ~ ~ F ~ f~ f ~ 1 ~ ~ ^~ t ~ t } i f : I ~ I ~ r ~ ~~;~ ;N ~ { d ~~ ~ ~~5 E ~ ~ i ,y q v d f } ~ I , ~ a ~ ~ i P ~ ~ '+ s . y , 2 ! ~ e j ~~ i . ~ . S ~ I I t r i . ?, ~~ ~ f ~ ' ~ ' ~tt ~ i '~ {# E { ~ + t 1 f t . . i ! ~ebrlJary 29, SHP 08-002 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT The Land Group, LLC ITEM NO. 12 REQUEST Public Hearing - Reques# for Short Plat approval fior 4 commercial condominium units in an existing building in an L-O zone for Medic®1 Millennium Condominium - 1828 South Millennium way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~e (Lle{(~C~leCi CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~l CITY BUILDING DEPT: CITY WATER DEPT: ~ / - ~ CITY SEWER DEPT: No Comments „'JJ"__7 CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ Date: Q Phone: /~~9,. ~0~~ Emailed: ~~ ~ , ~o Staff rtitials: Materials presented at public meetings shall become properly of the City at Meridian ~ ~ ~ ~~ ~~ ~ ~ ~~ ` ~ ~ ~ ~! ~ ~ E •-? ~ ~~' ~ ~ ~ ~ 3 ~ I ~ i• ' # ~ x ~ _~ ~ i ~ gr ~ .fit ~ ~ i { iiF f~' ~ i I fi ~ ~ ~ ~ i ~ ~ . p ~ j ~ x ~ fi j } _ , , t r ~~ ~ ~ , ;aaF 4. ~ 4 i I ~ ' ~ i~~ o ~ ~ ~ .I ~ ~ r ~ ~; d ' ~ ~ ~ ~ ~ ~ ; i ~ 'i 1 ! ' ~ ~ a .~ i ~ F ~ j ~ ~ p! .~ f B t f4 ~ ~ ¢ ~ ~ ~ ~.:~ ~ i l~ ~ ~~ y t. i ~ ~ ~. ~ ~ {~~ l.x ~d ~ ~ i~ I I i i ~ i! 77~ ~~ ~4 111 r ~ 11. L' S S 1 e 1 9 i ,''~ f i ~' { ~ t~ ( 2 ( I { F !~ i f 1 ~e k ~Cp ~` r s ~ ~ F1. ~, s Z ~ ~ ~~ ! ~'s ~j F } ~ S ~ i fi k ~ i I ~ i 1 ~ February 29, 2008 RZ 07-021 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Joint School District No. 2 ITEM NO. 13 REQUEST Public Hearing -Request for a Rezone of 27.89 acres from R-4 to C-N {2.75 acres} and L-O X25.14 acres} for the property located on the SEC of N. Locust Grove Rd 8~ E. Leigh Field Dr. for Education Campus Commercial AGENCY COMMENTS CITY CLERK: See attached P8~Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: `, 1 CITY FIRE DEPT: v~ CITY BUILDING DEPT: CITY WATER DEPT: ~t CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting /Letter #rom Courhights Con#acted ( ~ ~ Date: ~ ,j Q Phone: g3g.. ~ Q~~ Emailed: ~ S_ ,,,, St Initials: C Materials presented at public meetings shall become property of the City of Meridian. ar ~~~ ~ t t a ~ ~ ! i 4 ' i i 1 ~. @ i . t F !~ 1 I 1 ~ 1I ~ 1 ' 1 `~ . ' T~ ~ N ~ ? d .f 1 ~ ~ ii, s ~ ~ ~ _ ~ ~_ i `~ ~ i I ~y ~ ~i. ~ ! R ~ ~ ~ ~ ~ ( ~' f X. ~ i 3 ' : ~ t - k ~ - ~ ~ ~ ~ ~~ ~ ~- ~ 4 ! ~. . ~ is f i ~ t . ~ ~ ~ . , ~ y ~ r ~ ~ d 14 j 1 5 ~ "~ ell P ~ . f x ~ ~ I y ~ } r1 f ~ ~i i j ~. ~ j ~~.f I ~ G E t i ~ ~ ~ 1 i ~ 1 ``(( February 29, 2008 PP 07-025 MERIDIAN CITY COUNCIL MEETING 1Viarch 4, 2008 APPLICANT Joint School District No. 2 ITEM NO. 14 REQUEST Public Hearing -Request for Preliminary Pla# approval of 7 commercial building lots on 25.87 acres in proposed L-O & C-N zone for fducalion Campus Commercial -southeast corner of North Locust Grove Rd 8~ E. Leigh Field Drive AGET~3CY COMMENTS CITY CLERK: See attached P8~Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: `,~ CITY WATER DEPT: Ill J ~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS 1RRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Le#ter from Courtrigh#s Contacted: Date: Phone: Emailed: StafF initials: Materials presented at public meetings shall become properly of the City of Meridian a . ~1 , ~ i ~ ~ ~ ~ [f ~ 3 ~ ( r !E ~~ ~ ~ ~ ~~ ~ t ` t ' i ~~ ~ f f ~ .~ +. ~ d i ~ :~~ ~ p 2 . I ~ ~ { ~, .I Ff ~, z ~ f~ k I ~ _ ;) ~ ~ ~ { ,f ~~. ~ . 1 ~ ; ~ j I { ~ ~ i j_ I N '~ 7 E ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~~ , -~ } ~ ~ ~ g r ~ ~ ~ ~ ~~ f 'f f f ~ ' ~ ~ :~ ~ ~ F~ Y ~ ` 5 t i ± g { { ~ iiiYYY 7 1 µ ~ ~ ~ t 7 t E ~ ~1 S I I ~ 1 ~ S I ~ f a I '. I ~ ti ~ { {i a ~ ,a ~ F F S ~ ~ ~I ' a 3 ~ a + ~ ~ f i . ' ~ } , i I ,,~ p ~, ~ ~ ~ _ t ry i j; _ ~ : ~ 3V i','; i ~~ f 9 ~ ~ 5 I~l ~ ~d.~~ ~ i ~ ~ ~ ~~ ~ t ~. a ; 1 a i ~ ~~ ;~~ ~~s c : f ~ ~ n ~ . ~ ~ ~ ' , t , ~ ~~ , _ 'o ~ .~ z I I ~. ~' 5.~ 9.e ' kt ; ~ i ' i t I° ~. ~ ~a: i I~ ` II t I~t. {i ~~: I~y f ~1' ~ tt February 24, 2D~$ ~~ (~-~Ofl2 MERIDIAN CITY COUNCIL MEETING March 4, 20Q8 APPLICANT Joint School District No. 2 ITEM N®. 1 ~ REQUEST Public Hearing -Request for a Miscellaneous Application to modify the existing Development Agreement for Educa~on Campus Commercial southeas# comer of North Locust Grove Road and East Leigh Field Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~ y`" ADA COUNTY HIGHWAY DISTRICT: \ SANIi'ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US ONEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached L@#i'@r #rOm COUttrigl~fiS Contacted: Date: Phone: Emailed: Sta#t Initials: Materials presented at public meetings shall become property of the City of Merid(an B ~ + ~ ~ , ~ ~ii ~ ', S ~ €t a ~~ , , i x 1 ' ~ ' k ~ ~ ~ ~~ ~ '~ ~ I i • ' t F 1 { ~~ f t' I ~ I 1 r i .a ~ ~ ~ t t ' ~ ~ ~ { : ~ ! _~ j ~ ~ ~ ~ . ~ ~ ~ ~ I a ~ ~ ~ 6 i ~ _ ~ I F ~ ~ I ~ f = . j 2 ! I f ) 4 ~~ s t i .~ i ~~ r ~ $ ' ~ ~ ~ ~ ~ ~ I Y ~ ! I k { ~ ~ iii r ~ t s ~ I ~ . ~ ~ 7 I I { ~`: Y I 5 ~ I ~ ~ _ ~i I ~ ~ ~~ ? t t . E , 7 . .~ i ~ ~ .. ~ ~~. ;,, ~ I ~ I ~ 4 ~ ~ ' ~ ~ ~ µ C 3, ~ ? r i 111 1 ~ ~ ~{ _ ~ ~ ~ t :~ A I ~ ~ ~ ,.~ 11 i _ l g ~d ~ ~ ~ ~ ~ _~i ~ ~ ~ ~ ~ y ~ ~' + ~I , ~ r ~ s i ~ , ~ i, ( ~ ( i ~ o February 29, 2008 AZ 07-019 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Church of Jesus Christ of Latter ®ay Saints ITEM NO. 16 REQUEST Public Hearing -Request for Annexation and Zoning of 15.49 ores from RUT to L-O zone for Stake House - 5555 North Locust Grove Road AGENCY coMMENTS CITY CLERK: See attached P&Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY ~~~ CITY POLICE DEPT: "` CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: ~ `~ Phone: ~- ~Q, Emaited: ~ ~, ~, Staff inrtials: Materials presented at public meetings shall become property of the City of Meridian. Y .. }}}3 ~ ~ 1 ' t t ± { I ~ ~ $ ~ ` ~ ~ E) f ~ ~ k ~ ~~ i II ~ ~ ~ ~ ~ ~ i ~ i p t ~~ ~ ~ 'a ~ ~ R~ ~ ~ P ~ ~ t ~ 1 ~ ~ F `~ ~~ ~ ~ ~ ~ i ~ rr s . { i ~ ~ ~ :~ ~ ~ ~ , ~ ; E ~ ~ {r t ~~ ; i ; 1 ~ yt y ~ ~ g ~ ~ ~ r r~2 ; ~ ~ e4 f , . 4 ~ r t{ ~ ~ ' } t g P i,i ! 1 ~~, 9, r R ~ t { ~ .a ~ ~ ~ I ~ ~ j ~;~ i i "^ ~ ~ i 1 ~ ~~ ~ ~ 1 '~ , ~~ ~ ~ [ ~ i ~ ~ ~ 3 ~ ~ ~ ':~ 4 ,I ~ j ~ [ r t ~ E ~, ~ ~ :t e I i 3 ~ i ;~ ~ ± 1 Ik f4 , ~ FF € y ' l F ' i t S~ ~ ~ F 1 py February 29, 200 RZ 07-0 ~ 3 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Strada Bel6ssima Commerciai, Li_C ITEM N©. 17~ REQUEST Public Hearing - Reques# for a Rezone of l .7b acres from L-O to C-N zone for Strada Beltissima C®mmercial - nwc of Meridian Road and Victory Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ,/ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFfiCE: OTHER: See attached At#idavit of Pos#Tr~g Contacted: Date: ~ aj a1B Phone: ~ ~t Emalled: ~ StS . i~'ats: Materials presented at public meeflngs sh come proper~lq of the City of Meddlan. ~ } ~ ~1 ~ ~ ~ 4 i ' ;~I ~ ~{ ~{ 5 ~ t 6 3 ~ ~ ' 3 p r . ~ f ~ ' i~ i f i J~ ~ ~A `~ ~ 3 ~E 4 ` ( '~fi d ~ ~~ .i 1 1~~ 4 }i f. ~ ~ ' ~ ' k ~ S ~ ~ ~ ; I . ~ t; i ~~ i j ddd ~ i f' ~ ~ • ~ ~ ~ ~ ~ !~ ~ ~ 6 i 2 + ~ 4 ' ~ ~ : ~ 1~; S ~ 9 S ~ i ~ ~i - ~ ~ ~ ~~~ ~ ~ ~ ~ ~~ ! ~ :~ a ~ ~~ ~ ~ ~ b ~ ~ , t _ 4 I ~ I 1 a 1 I f r! 5 ~ ~ ~ ~ ~ ~ ~ ~~ ` k I l A ~'. : . ~ . \ N~ ~ , ~ '. i. ~ ~ ~ 1 1~ . '~! ~ it ~ ! I t ~ ~ ~ i i ~ 7 ~ Y i i '. February 29, 2008 RZ 07-015 MERIDIAN CITY COUNCIL MEETING March 4, 2008 APPLICANT Linda Loehr ITEM NO. 18 REQUEST Public Hearing -Request for a Rezone of .28 acres from an R-8 residential zone to an O-T zone for 6th and Broadway Property -532 East Broadway .Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the C8y of Meridian. S' I t i y ; ~ ,I ~ f k ,1 ~ .~ ~ ~ ~ 7 C 4 ~ ~ `~ =1 j ,~; _ ~ f '~ ' 1 ~ 2 ~ ~ .{~ ! 1 ~i g ~ ~ ~~ ,( ? ! !1 ' ~~ ~ ~ . ~) 5 i ~ ~ j ~ ; } ~ ~ ~ i t~ S i 4 4' # J f ~ . +~ 77 ~ a ~ ,, ~ ~ 5 ~ ~[ i ~ ss F Y 4 ~ '.,I ~ ~~ .{ 1 ~ ~I COMMENTS See attached Ordinance ~-Pl~~o ~/e~ OS- a~2 ~~ ~~ j t~~ S ~ y ~ # i ~ ~ '~ E F i s ~ I' 4~ i i ~ ~ i ~ ' { ' ~ ~ j. ! ~, E ~ t y ~ i { ~ y ~ 1 p E y 4 ~ F ~ ~ ~ r ~ f t~ ` Ft ~ ` ; ~ ~ 'i f : e ~. ~ 2 ` i ~ # ~ ' ~ } its ' ~ !. ' ~ ~ ~ j _ ~ 3 i~ ~ k:. J J ~ ! ~ 1 { ~ ~ ~ ~ f i f . Y ~ , ~~ { } 1 i ~- L { ~. •~ 3 r ~; i .l+~ k i ~ 1 ; ~ i S '~ f ' ~, ~ ~- ~. ~ ~ r ~ ~ ~ ~ ? 1 ~ ' ~~ I i ~ ~ ~ ~~ _ j~ ~ Phone: NAVARRO pmuu-r~ •~~ ADA COUNTY RECORDER J. D1~ f DEPUTYAPatti ThomOpson1'd6 l III Ifll'I'lll'II'I'lllll'II~'III~I'~I RECORDED-REQUEST OF 1~50~9~'~~ City of Meridian INANCE NO. CITY OF MERID~ ORD gEE, ZARENIBA CITY COUNCIL BIRD BORTON, ROUNT BY 'T~ THE OWNER OF CERTAIN RED Ir1G THAT LINDALOEHR, OF THE ZONING AN ORDINANCE ~E A WRITTEN REQUEST FOR REZON PROPERTY BEING & BROADW A~~ FOR REAL PROPE FICATID (gZ-~7-015 - 6~ CORDED IN PLAT BOOK 2 AT CLASSI IDAHO ALSO BEING APOIg1'ION 19 AND 20 OF ELLI5 SUBDI~A COiTNTY~ 7 TOWNSHIP 3 LOTS S OF AD RECORD 1 SW 1/, OF SECTION ~ AS PAGE 63 OFFICE /4 OF THE ADA COUNTY, IDAHO OF AND SITUATED IN T~ ~ BOISE MERIDIAN' RE-ZONING NORTH, RANGE 1 EAST OF THE «A~~ OF ,r.~S ORDINANCE AND IDABO~ AND ATTACHME~ gE- DESCRIBED IN 5 AND TEggITORY, SITUA~DC~ ~FCMEffip~• AND CERTAIN LAND TS OFT S FR®M R-g WITHIN THE CORPORATE I'~CLASSIFICATION OF SAID LAND ONING THE LAND USE ZONIN TOO-T (OLD TOWN DISTRICT) IN Z AL DISTRIC'~ T COPIES OF TffiS ORDINANCE (1VIEDIUM DENSI CIS CODE ROVIDING T~ ASSESSOR, THE ADA COUNTY THE 1VIERIDIA ~D NTH THE ADA COUN'T'Y SSION, AS ~QU~D BY LAW SHALL BE ~'' O STATE TAX CONINR CE, AND PROVIDING FOR RECORDER AND THE IDAH Y OF TH p O~D~G ~ DATE. AND PROVIDING FOR A S INi.J~ G R ES ~ ~D EFFECTIVE A WAI~R OF THE READ YOR AND 'rte CITY COUNCIL OF THE CITY BE IT ORDAINED BY THE MA COUNTY OF ADA' STATE OF IDAHO: OF MERIDIANS described land as evidenced by attached Legal SECTION 1. That the followinrence as Exhibit "A" is within the corporate limits of the tion herein incorporated by ref uest for re-zoning Descrip of Meridian has received a written rey of Meridian, Idaho, and that the City City b the owner of said property, to-wit: Linda Loehr. re-zoned from R-g y is hereby SECTION 2. That the above-described real property Code. Old Town District) in the Meridian City to O-T (Medium Residential District) t the City has authority pursuant to the laws of the State of Idaho, an SECTION 3. Tha the Ordinances of the City of Meridian to re-zone said property. re uirements pursuant to SECTION 4. 'That the City has complied with all the noticing q Idaho, and the Ordinances of the City of Meridian re-zone said property. the laws of the State of 5, That the City Engineer is hereby directed to alter all use and area maps as SECTION icting the boundaries and the zoning well as the official zoning maps, and all official maps dep districts of the City of Meridian in accorDd 015 -Page 1 of 3mance. RE-ZONE OF 6~' & BROADWAY - ~' ~ I ~ r ~ ~~" '~ ` :~ ~ ~ : ~ I , '' ~ r ~ .~ ~ ~ y (y 7 t1 i~ ~~ I t ' I € ~ ' t ' ; i ~ ~t€, i~ ~ ~~ ~ "i 1 ~: I I 1 r g ~ ~ ~ r, ~i~ ~ } ~ ~i ~ t { 'f ~ ~ ~~ ~ ~ ~ ~ t t flk ~~ { ~ ~ { ~ l ,. ~ I F I ~„ " i t ~ ~ i la ~ p ~ li ~ ~ ~ i j ~f : ~ ~ ~ ~ ~ t'~ , ~ r t ~ ' ~3} ~ I ~ ~ ~~ ~' ' ! f t f ~ f ~ ~y ~~ a~ ,. ~ ~~ i ~` j P ~ ~ 1 ~ E ~ 'f-~ ' ~ ~' t ~ t, ~,~ ~ k ~ - s I ! ; a 1 ~ ~ I ' I ~, i ' .i a i ~ ti ~ = ¢ _ ~ ' , I ~ , . e , ~ ~ I ~ ~ , (, ~ ~: ~ I ~ ~; ~ 1 ~~ t! i I .~ a ~ .A resolutions, orders or parts thereof in conflict herewith are SECTION 6. All ordinances, called. assa e, hereby repealed, rescinded and ann finance shall be in full force and effect from and after its p g SECTION 7. This ord to law. approval and publication, according ten (10) Sys following the TION 8. The Clerk of the City of Meridian shall, vv~thm re aced in a SEC of this ordinance and a map p P file a certified copy effective date of this ordinance, duly officials of the County er including the lands herein rezoned, with the followinessor and shall also file .draftsman mann ~ Treasurer and As Auditor, of Ada, State of Idaho, to-wit: the Recorder, fission of the ified copy of this ordinance and map with the State Tax Comm simultaneously a cert State of Idaho • 1 /2 lus one (1) of the ON 9. That Pursuant to the affirmative vote of one-half ( ) P SECTI ~,o (2) separate readings by title and one (1) Members of the full Council, the rule requiring and accordingly, this Ordinance shall reading in full be, and the same is hereby, dispensed ~~~ ublication. be in full force and effect upon its passage, approval and p Y COUNCIL OF THE CITY OF MERIDIAN' IDAHO, this PASSED BY THE CIT ~ 2008. ~ day of ~Yl(~Y ~~ ID~O~ this D BY THE ~YOR OF THE CITY OF MERID ~ ~ ~ APPROVE , 2008. ~'` ~ day of eG~~ ~~,~ - ~/ MAYO T MY de WEERD ```\````j1~11illllilltfdld! '®~ ~ ' ATTEST: _ ~ ~ ~ \ i~~ • ,o JAYCEE HOLMAN, CITY CL ~~~ ,1~~,~~ !!llllillllllii\~1 RE-ZONE OF 6~' & BROADWAY - RZ-07-015 -Page 2 of 3 ~~ I 1 1• I I i l' ~: ~,; ~, t ~~ i ~ 1t 1 a } h ~i 1 ~ ~ f 'p Q ' g A 1 ~ ~ ~, r f 1 ~ } ~ t ~ t f A ! t 5 { ~ f } ~ ~ ~ P 1; 3 ~ r ~ > F' E t 1 1 ~ r~ STATE OF IDAHO, ) ss. County of Ada ) On this "~~ day of a re~ , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. RE-ZONE OF 6~' 8c BROADWAY - RZ-07-015 -Page 3 of 3 ;~ ~ ~ 5 'i F 7 ~ ' ~ ~. yi i r t i ~ t ` ~ ~. ~ ~ ~ ~ ~ ,~ L u ~ ~ nQ i t ~ . i F ~ ~ . _ f f ~ ~ ~ ' ~ ~ 9 ,: ~ I 5 '. ~ - ~~: ,~ ~. c s ~ i ~ . ~ q E 7 ` } I i 1 ~ fI i '• I 'ti i, ,? # 9. ,7 i ~A ~;7 ~~ 5 ~', 1 i !! ~~~ ~ ~ ~1~ 4 t i ;~~ a >, ti ~ jl~ (, a ' 77 iiii ~ (( ~ i ~, : i ~ ~ e ~ 4 ~ 'r i 1 ' } ~ ~ ~ ~ ° ~ I ~~ ~ ~ 6 ~~ ~ 4 ~ ~ai . ~: ~' ! ~ . 11 f ~ ~ ~ ~ ~ ~ ~ 1 {, S ~ i r i 1 ~ ~ 3 !g~ ; li I ~ ~ i i ~ q ~ ~ ~ ~d i ~' . ~ LQTS 19 AND 20 ~~~~ ~SUBDI:ON REr~ZO1V~ D)~S~tYP'T]E(?1~ A pa3tel bfland for to-one gm'poses being Ls~ 19 and ~0 pElUis.Subdivisiori, as ;eceriied itt Flat Bts'dk 2 at Page 63 .gff cial recotds of Ad$ •C,csuaty, Idaho; also being a pertipn of aad sifuated ip the X1/4 ofthe SWl/~ of S•ebfion• 7, Towitslup 31Verth, Range 1 F,ast,. Boise lVieridi~.n, 'city of lvlecidi~n; /4da aunty, Idaho,. and snore perticttlarly des~h~ as t`ollows: Cat~ertcing at ~ brass cap tnQtlutnent riiartcing the aouthnast comer of said 5 W 1 /4., ,tlieaca along the East line of said SWl/4 N0043~'03't~ a c~istaace of 191.9.57 'feet to a point mar•Iciag fhe inteFSectioa ofsand East line apil ~fhe IdoLth line of Otegon ShOrtline Railroad prcg as de~cibeil in Bovk G of Jud'ginents ax Fage 27$, from which a b~cass cag moaurrientmarking fhe northeast comer of 'said SVIri/4 beats Ntj0435'03"E g distance of 721.G3. feet, thsince leaving •said fast line.a#-cl alo~ig said North line N8$°0'13"V~' a distaztee of 15>p'0 feet to a point marking the intersection of snicl North •line and the eenteirline of East 6th Street and the F(~INT QF ~EG1N1~l.NG~ TI}ence:contiauing along said I~grth line IV$8°3Q'll3"~! a distance bf 3'4.82 feet to a point; Tlieace• leavifug said ~iotth line N00°$'S'03"E a distance of 1.G0:~2 :feet to a point tnsddng the• centerline of'tlae•Allej~ sepat~:tit-g fAfs l thfu 10 acid 11 tliru 20.ofsaid Ellis $ub4livisibp; Thence aloti$ said eeiltnrline S88°33'r33"E a distance 4f X4.82 •feet to a point ma7ikinp the .centerline intersection-off said Alley and •said East 6tli Street; Tl';ehr,'e leaving. said centerline pf the A1leyand along the centerline of said lines 6th Street SQO°3.S'.Q3"W a distanceof 160.49 feet to•the POIN`fi OZ BEGIl3N•1~TG; Said i~zone parcel contains i~;t)dl.square~ feet ar 0~2$ acres agora oar less and is subject to all• existing easements and or rights-ofv~ays ofrecord or implied. ~ttachel >iereto is "Eifhibif B" arid. b~+ thi§ refeteace is made ~a part heir~af. •- ~YAL R~~ t?l`t -. ~~~ Q~~ N1~WfupKl~st ~~`~ CO'/6b8~ Et$ ZON6 LECaAt FbA VALLE1f S1~ tEZ151flLY 29 G7~oe ~ ~ 4~ ~ ~ F 1~ ~ ~' { I ~, Yt ~ ~ ~ i ~ ~ ~ ; ~~ ~ ~j + ~~ j ~ ~ t Ir s ~ ,i~;~ ~ i~ + ~ ~ ~ ~ ~ ~, t C ~ ~ ~ . ~ P ~ ~ i b i .i.+ i (~ ~ s i j t ~ 1 ~ l .I ~ ~ }} ~~ kI t ~ ~ ~ _ a , ,~, i ~ ~ ~ ~ ~ ~ ~ t .' : 1 y J i i : r~ ~ S _ I 1 ~ P P + i l ~ t ~ ~ ~ z i ~ I~ s ~~ ~ , I ~ ~ ~ ~ ~ ~ if i ~, ~ ~ ~ i i , . ~ ~ .. ~ ~' ~, f ~ ~ t i ~ ~ ~ ~, !i ' ~ i ~ ~ E , ~ ~~ ~ i a ~~~ if ~ ~~ I ~ I ~ - i A ~ ~ -~ ~ ~ ~ ~ ~ F s ~ t - ;~ , . ~ ~ ~ • ~ ~ t ~ t ~ ;. ~f ~ 1 ~ `• {{ ~ { ~~ ~ f S ~ 1 ~~ rj 4 ° , ~\ j I t i ~ ~f { tf ti p q i a f ~ ; i } k ;} ..- .. EXI~I,T -„-B,,. ~ . . REZONE LE~,AL. DESC•RIPION LOTS ;`8 & LO ELEI3 $IIBDIYISION AND A PO~tT~ON QP T88 NE~1/4 OR TAE .SWl/4 OB 5EQ'~7CN '~ TOW~!1S$iP 3 11t0RT&. RANGE ~ LAST, BQISB' MERIDIAN AD'A COU~f.. IDAHO Cl ~~ zoos /4 COR•. ~S~G~ 7 - - - - RET20NE Bdl9NOARY LINE j - _ - . - . - sEeIiQN UN~ ~ IDAHO 'ST. 1 "'- - -~ 'R07-D 6E•pITERLINE -„""'-'ROAD RIGF.11-OF-WAY I tS'~ Q ~OUNa S/8° REBAR' J $$ // 1 ~ 1dAt3KE0S~l„SR' ,E~ p ~~ *~ to 'FOUND' •~RAS$ EAP ,~ ¢ 3 ? t I NI ~R.O,B. POINT OF 8€QIIVRING l n. ' ~ '1 Q. AL.I;~Y .iv• -- - ~ ' - --•- - S88'33r43"E o• -. 74.82 ~:~ .. ~ I o ~ ~ 8•.'00" i~~.7 a. i ~ m • ~° I t0 IC - W ~ 12 ~.~ ~¢ rs t~ r> >a.W r N .~y~ ao ~~ I o d ~!^ • ~, w • M~ I M ~ p ~• c~ i~ ~ z z NOR~HI PROPERTY LdIVE ~ ~ ~• I OE ORE~OW SHORE f^IWE 1 ~ ~ ts'I _ RAILR,OAO N ~N88'30'13"Y~ . ... _ _ _ "~. N88'30' 13"W b IS.dO' -. _ ~_ - .. 74.8'_ ~. BROAISWAY ~pi6T •o.e. $YEtli A1. ' ~ ~ ~~ ~. o o ~, acs o~~ ~z • . ~cYo~ ~ 1 /4 CQR. S691•E: 1'a$(~i MWORK50~ 0 ~~a 1~8 DETAIL FILENA'RileJ ~ ~1 V ~j ~ Y T7 bf~kWN 8Y: CR~ATI¢N OA7E: ~ E..n~.in4~~':3. InC. CHEOKED 8Y: 'tglY IIG G~ltfis Q. ,oils ~ 8e9q Ides 6Rt3 . 07/27'07 p~, l~oe) es><~reo (rosy a,~-oral r~. KiJS L 1 J ~ ~ ~~ ~ ~ ~ , ~ : ~~~ ~ :, i `~ ` ; : { ~f ~ ~• 9f 7 f ~ { ~. t# ~ ~ 1 1 1 7 1 I ~~ x~ 1 ;Y Y 1 ~ [ .. l ' 17$ ~ ~ r, i ~ ~ ~ ~t z~ 1 ~ l ' I i ; I ~ 1t 1 - ~~ 1 ( ' l R' t 1 4 , iii ~ . ' ~ f '' . ~ ~ ~ •~~1~ I) I ' ~ { ~~k ~ I j z . V ~ .,~ i e Y 1' ~ F ~ ° f p i. ~~ ap l t I~I ~ ~ ~ ~ ~ ~ ~ i~ ~~~ I~ ~ f ! i ; ~ :I f ~ ~ z~ l ~ r1 ~ i. J ~~ ~ t ~ pt k q i ~. j I ~ ~ i }Y. I~ is ~ I C ~ j. _ ~ ~ : } ~ 1 ~~ 1 ~ ! r . ~ ~ ~ ~ ~ ~ } ~ ~ I ~~ I ~' P k € 3 ~ ~ i 'r~ ~' I, 1 ~ ~ # ~~ # l ~ lit ~; N ~ E; t i{ 1 a ~ 1: (( 1 i 111 ~:~ l '~ roc Ire l ~ : i 1 . tl~ 3 I ~! r ~ ~ ~~ ~ 1 I .. `~~5~ i t , S3 c ~ i ~ ~ ~ IS ~l aF ? a S~ ~ _ I ~, j 3. ~ 1 ~ 7 ~ i ~4 ~ 1~ i `~ ~ ~ ~ ~ j I 4 ~ A' -' U .~ ieL !"f ' III ! -. ~`~ i ~'~,};xi ~t~ .. ti 5 3 ~ ;f ~ p~ _ • • February 29, 2008 March 4, 2008 MERIDIAN CITY COUNCIL MEETING REM NO. ~ 9 APPLICANT REQUEST Executive Session per Idaho State Code 67-2345(11(bl COMMENTS AGENCY ~- CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: r/~- ~~ l' ~ h CITY ATTORNEY ~ 1/~- ('~' CITY POLICE DEPT: CITY FIRE DEPT: ) ~ ~~ ~ ~~ <~k~~ ~' " CITY BUILDING DEPT: CITY WATER DEPT: ~, CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NANIPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Phone: Date: Contacted: Staff Initials: Emailed: tc meefings shall -~ecome property of the City of Meridian. (Waterials presented at puW ~ . ,. ~# i, ~ ~ ~ c t ' i { 1 k ~ J ,~ K € 7 i ~ 664 ~` ~ ~ * ~ ~ J ~ ~ ~ t ` i ~Y w~ ~ I R ~ ~ ~ ~ ~ ~ e ~ ~ ~ t i ~ ! 3 ! ~'r , lit ~ I h = t , . ~ ~ C ~ ~ S ~~ ~~~ ~ ~ ~ i ~ ~ ~ P ~ ' , p YP 1 i, j i i ~ ~ 3,~ j ¢