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2006-02-28
CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 28, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle ~, Joe Borton Charlie Rountree ~ Keith Bird ~_ Mayor Tammy de Weerd "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 best of the ability of the presenter." 2. Pledge of Allegiance: /L~/~ ~'h~ %~~vw~e,~•• /3e ~ Sao w f ~ ~/~ ~f q 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: ~~.~ f~,.,,f„e~ 4. Adoption of the Agenda: ~~r--`~~.c.. 5. Proclamation for National Athletic Training Month -March 2006: Eric Taylor from Centennial High School Kelly Nellesen from Eagle High School Michelle Graves from Mountain View High School Scott Marema from Meridian High School ~~~~~ 6. Consent Agenda: A. Approve Minutes of January 31, 2006 City Council /Planning & Zoning Commission Joint Workshop Meeting: ~~,~,,,~ B. Approve Minutes of February 14, 2006 City Council Regular Meeting: ~~Jy~o wc.- C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: ~~~v~ Meridian City Council Agenda -February 28, 2006 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ D. Findings of Fact and Conclusions of Law for Approval: PP 05- 057 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: ~~-y-~,~.~. E. Development Agreement: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision by Primeland Development, LLP - southwest and northwest comers of North Ten Mile Road and McMillan Road: ~~ ~. ~ ~ F. Award of Bid for Pine Interceptor Sewer and Ten Mile Sewer Project to Bodiford Construction. Inc.: ~~ ~ G. Temporary Sanitary Sewer Easement Agreement for Heritage Middle School by Ventana. LLC: ~~~~ H. Public Works Budget Amendment (Line Item Transfer) for Well Rehabilitation: ~~~~ 7. Department Reports: A. Fire Department -Joe Silva 1. Discussion of Amendment to Fire Code Ordinance: B. City Attorney -Bill Nary 1. Reauest for Impact Fees for Heroes Park by Farwest LLC: ~,~ „_,o.. C. Mayor's Office 1. Appointment to Meridian Development Corporation: ~~~ ~"~t~-~~,. Goa-,-~~Gc ~ ~- /~ c~ G'~i~s ~ /L~. fie., 8. Items Moved from Consent Agenda: 9. FP 06-004 Request for Final Plat approval of 60 single-family residential building lots and 4 common lots on 23.9 acres in a R-4 zone for Bridaetower Crossing Subdivision No. 14 by Primeland Development, LLP -north of West Ustick Road and west of North Linder Road: ,~~;~-~~ 10. Public Hearing: AZ 05-050 Request. for Annexation and Zoning of 5.0 acres from RUT to R-4 zone for Reserve Subdivision by Dave McKinnon Meridian City Council Agenda -February 28, 2006 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's tJfrice at 888-4433 at least 48 hours prior to the public meeting. • with Conger Management Group, Inc. -west of North Locust Grove Road and south of Chinden B levard: 11. Public Hearing: PP 05-051 Request for Preliminary Plat approval of 12 single-family residential building lots and 5 common lots on 5.0 acres in a proposed R-4 zone for Reserve Subdivision by Dave McKinnon with Conger Management Group, Inc. -west of North Locust Grove Road and south of Chinden Boulevar 12. Public Hearing: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: e~~~~ P/!~, ~® ~~~~~' 13. Public Hearing: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: re~~n~ ~/~ ,~ 3-Zl,®6 14. Public Hearing: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: 15. Public Hearing: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: ~/~~- ~/~` ~ ~l~ ~ ~~~~,~ 16. Public Hearing: PP 05-063 Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: 17. Ordinance No. ~~"/~l~ AZ 05-040 Reques Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision by Primeland Development, LLP - southwest and northwest comers of North Ten Mile Road and McMillan Road: ~~~ ~4. 18. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): ~~~ CJ ~, ~ ~~.- Meridian City Council Agenda -February 28, 2006 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting February 28, 2006 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, February 28, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Joe Silva, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you for your patience. We had a special meeting prior to this. Is that really loud? We had a special meeting prior to this at our police department and so we ran over here to get this one started, so we apologize for the late start. Thank you for joining us. It is Tuesday, February 28th. It is ten minutes after 7:00. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Kyle Christensen with Troop 419. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Kyle, if I could, I would like to present you with a City of Meridian pin and thank you for joining us. We always appreciate having our troops here and leading us in the pledge. We appreciate that and welcome you here this evening. Item 3: Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: De Weerd: Item No. 3 is our community invocation. We will be led tonight by Pastor Bud Henthorne with the Meridian Gospel Tabernacle. If you will all join us in the community invocation or take this as a moment to meditate in silence. Hi, Bud. Henthorne: Hi. God of mercy, God of grace, we see your hand at work all around us in this community and we thank you for your blessing. We thank you for the way that you are prospering this community. We thank you for the people that make it so special. We ask, Lord God, that you would help us now to walk in your grace and in your mercy. Meridian City Council February 28, 2006 Page 2 of 30 Help us to walk humbly before you. Help us, Lord God, as we endeavor to serve one another and to serve the larger community here tonight. In Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With your permission, I think we have got a young man out there by the name of Gentry that just come back from winning the state tournament in wrestling. You got the twins? Both of you stand up. This is two-thirds. Their younger brother, who is a freshman, also won. State champions. De Weerd: And, Mr. Bird, I believe that's in wrestling and -- Bird: Yeah. De Weerd: -- there were several lightweight categories, I believe. Bird: Yes. De Weerd: What categories were those? Bird: 103, 119, and 125. De Weerd: Very good. Congratulations. Bird: Now, Madam Mayor, thank you for letting me interrupt that. On our agenda we have Ordinance No. 06-1215, which is Item 17. Item 12, 13, and 14 have been asked to be continued and which we will do that when we get to those, with a date certain. With that I move we approve the published agenda. Rountree: Second. De Weerd: The motion is to approve the agenda. Is there any discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Before I get to the proclamation, I would like to offer City of Meridian pins to the Gentry brothers, if you will all come forward. Congratulations. Meridian City Council February 28, 2006 Page 3 of 30 Item 5: Proclamation for National Athletic Training Month -March 2006: Eric Taylor from Centennial High School Kelly Nellesen from Eagle High School Michelle Graves from Mountain View High School Scott Marema from Meridian High School De Weerd: And if I can be joined by the trainers of our four high schools. If you will, please, step forward. Tonight it's my honor and privilege to read a proclamation and each of our four Meridian high schools are represented here tonight. We have a proclamation for each of them to bring back to their schools, as well as to their state convention, is that it? Taylor: District conference. De Weerd: District conference. So, thank you for joining us this evening. Whereas the membership of the Idaho Athletic Trainers Association is an extremely dedicated group of professionals that strive to provide medical coverage and assistance to athletes both inside and outside the state of Idaho, and whereas in 2003 the Idaho legislature recognized the importance of athletic trainers and granted licensure for those practicing the discipline of athletic training and the State of Idaho Board of Medicine recognizes more than 200 individuals in our own state, and whereas certified athletic trainers specialize in the prevention of injury, recognition, evaluation, and aggressive treatment, injury rehabilitation, health care administration, and also help in the effort to educate and guide other athletic health care professionals, and whereas athletic trainers provide a positive impact in our community by working and volunteering in Idaho's professional sports teams, colleges and universities, high schools, clinics, and high schools for the military and other corporate and industrial organizations and, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of March 2006 as National Athletic Trainers Month in the City of Meridian, to promote public awareness of the importance of the athletic training profession and emphasize the importance of quality health care for athletes and those engaged in physical activity. This special recognition to Eric Taylor of Centennial High School, Kelly Nellesen of -- and I'm song if I say those wrong -- of Eagle High School, Michelle Graves of Mountain View High School, and Scott Marema of Meridian High School. And I should get that -- and I hope he doesn't deduct a grade off my daughter's report card for that. But congratulations, we appreciate you being here. Thank you. Good luck. Wardle: Madam Mayor, I'd just like to personally thank Eric Taylor, who, ironically, helped fix me up one time when I was a 125 pound wrestler. Councilman Borton didn't believe I was ever that way, but thank you, Eric, very much from my athletic past. De Weerd: You had to put up with him, uh? Taylor: Briefly. Wardle: In a moment of pain. Meridian City Council • February 28, 2006 Page 4 of 30 Bird: I'm surprised you recognized him. Item 6: Consent Agenda: A. Approve Minutes of January 31, 2006 City Council /Planning & Zoning Commission Joint Workshop Meeting: B. Approve Minutes of February 14, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 057 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: E. Development Agreement: AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision by Primeland Development, LLP - southwest and northwest comers of North Ten Mile Road and McMillan Road: G. Temporary Sanitary Sewer Easement Agreement for Heritage Middle School by Ventana. LLC: H. Public Works Budget Amendment (Line Item Transfer) for Well Rehabilitation: De Weerd: Thank you. Okay. Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the Consent Agenda with the movement of Item F to Department Reports and like to add Len Grady just give us some background on that item. Bird: Second. Meridian City Council ~ • February 28, 2006 Page 5 of 30 De Weerd: Okay. The motion is to approve the Consent Agenda, removing Item F under 7-D -- or 7-F. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Fire Department -Joe Silva 1. Discussion of Amendment to Fire Code Ordinance: De Weerd: Thank you. Okay. Item 7 under department reports. We will begin with the fire department, Joe Silva. Silva: Good evening, Madam Mayor, Members of the Council. Before you this evening we would like to report back on -- quick before Council the discussion of our open buming ordinance and our air quality ordinance. And what we have done is worked with legal to revise this ordinance in such a manner that it is consistent with the provisions as adopted in the International Fire Code with regards to open buming and also air quality index. What we have attempted to do here, as an overview, is to come in and become consistent with the air quality standards as set forth in our adjacent communities and we have not been consistent with that. Briefly, what we have done in the past is we have allowed open buming up to air quality standards of 74, which our neighboring communities at that point are shutting down wood stoves and fireplaces. So, what we have proposed in this ordinance is, basically, that air quality -- all open buming would cease at an air quality index of 60 and fireplaces and wood stoves would be required to be shut down at an air quality index of 74 or greater. Along with this revision in this ordinance is -- our problem -- our current problem that drove us into revising this ordinance and our open buming ordinance in general was that we were having problems with the buming of trade waste at construction sites, specifically residential construction sites, and it was causing a problem for adjacent residential homeowners who had moved into a given subdivision while construction was going -- continuing on adjacent -- on adjacent houses. And so in this revision we have specifically prohibited the buming of any kind of trade waste at any kind of residential or commercial construction site. Briefly, what they have done is they have burned everything from wood to plastics to glues, wire, anything that may be found around a typical construction site. So, that's our attempt in reworking this open buming ordinance. The open buming ordinance still allows for bonfires, as typically we see at football games, with a permit. It allows for recreational fires in somebody's backyard. It also allows for recreational fires with a diminished clearance of 15 feet to any combustible material or structure, if it's provided in an approved area, specifically, that's an outside or outdoor fireplace. As you would expect, we expected any open buming is in constant attendance by the person who is conducting the bum and they have extinguishing -- proper extinguishing agents Meridian City Council February 28, 2006 Page 6 of 30 available to suppress a fire should it get out of control. So, essentially, that's the revision in a nutshell of the open burning ordinance and the air quality ordinance. At this point I'll stand for any questions if Mayor or Council have any. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think I know the answer, but, Joe, you said no wood buming, but if that's the only heat, we don't stop it, do we? Silva: That's correct. Bird: Okay. Thank you. De Weerd: Okay. Any other questions? Okay. We can set this on the agenda for your consideration, if Council would so desire. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would love to see that brought forward in new context with all the lines scratched out and deleted, so bring it forward on a Consent Agenda, as far as I'm concerned. Or, wait a minute. It's an ordinance. No. Bring it forward. Just bring it forward. De Weerd: Okay. We will bring it forward in a manner that will be final for your consideration. B. City Attorney -Bill Nary 1. Request for Imaact Fees for Heroes Park by Farwest LLC: De Weerd: Okay. Item 7-B, our City Attorney. He doesn't look like Bill Nary, but he's probably a great substitute. Bird: Much better looking. Baird: Thank you, Madam Mayor, Members of the Council. As you recall a couple of weeks ago, Mr. Nary gave a report and delivered a letter from the Farwest, LLC, which is the developer of the Lochsa Falls Subdivision, regarding a situation for the impact fee reimbursement for the Heroes Park. We were given direction to get in touch with the finance department and find out the amount of impact fees that have been collected Meridian City Council February 28, 2006 Page 7 of 30 from an adjacent subdivision, the Fulfer Sub that was split off. In your packet is a memo indicating that there has been enough impact fees collected from the Fulfer Sub to pay the outstanding balance that would be due to the developer under the development agreement. So, what we are looking for from you tonight is a motion to do just that, is to pay the remaining balance, $120,157.15, according to the letter from Attorney Brian McColl of January 25th, 2006. De Weerd: Okay. Council, any discussion or questions for Mr. Baird? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Baird, is there an amendment to the development agreement needed to do that or is this simply an allocation of the impact fees? Baird: Madam Mayor, Members of the Council, Councilmember Borton, we reviewed the agreement and we don't believe that any amendment would be necessary, because we are merely fulfilling the commitment that was made at that time. There was an ambiguity about where the funds would come from and the timing and by making the payment now we are completing our obligation. De Weerd: Thank you. Did that answer your question, Mr. Borton? Borton: It did. De Weerd: Okay. Any other questions, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more discussion, I move that we approve the paying of $120,157.15 to Farwest, LLC, for the impact fees at Heroes Park. Rountree: Second. De Weerd: Okay. Motion to approve the request. Is there any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 28, 2006 Page 8 of 30 C. Mayor's Office 1. Appointment to Meridian Development Corporation: De Weerd: Thank you, Council. Item 7-C. You have in front of you appointment for the Meridian Development Corporation. It's internal. It's a Council appointment. Councilman Shaun Wardle would be taking the term of Councilman Charlie Rountree. That term does expire in August of 2006, to be reappointed at that time. I would give this to Council for your consideration for appointment of Councilman Shaun Wardle to the Meridian Development Corporation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we appoint Shaun Wardle to take Mr. Rountree's place on the Meridian Development Corporation. Rountree: I'll second that. De Weerd: I guess I don't have to ask. Okay. The motion is to approve the appointment of Shaun Wardle to fill the remaining of Councilman Rountree's term to August 2006. All those in favor say aye. Okay. All ayes. Motion carries. Oh, I should do roll call. Yes. Sony about that. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Yes. Bird: Does he realize that we do start our meetings at about 7:15 in the morning? De Weerd: I did tell him that it is 7:30. Bird: He's just going to bring his bed down here and stay Tuesday, uh? Wardle: Now, as I understand it, the chair sets the meeting time, right? I would like to thank Councilman Rountree for his work on the MDC and I'll continue to do good things on that board. Rountree: Appreciate it. Wish you well. Meridian City Council ~ • February 28, 2006 Page 9 of 30 De Weerd: And thank you, Mr. Rountree. It is sometimes a real sacrifice getting up the day after a Council meeting and make a 7:30 a.m. meeting. It seems like you never leave this chair. So, thank you for doing that. Item 8: Items Moved from Consent Agenda: F. Award of Bid for Pine Interceptor Sewer and Ten Mile Sewer Project to Bodiford Construction, Inc.: De Weerd: Okay. We did move Item F from the Consent Agenda, so I will turn this over to Mr. Grady. Grady: Madam Mayor, Members of the Council, I'm going to discuss an indication of trends to come as far as construction projects. This particular two sections of sewer line, we went out for a formal bid several weeks ago and even after beating the bush to try to get contractors to bid on these particular sections, bid closed with no -- no formal bids received. As far as code is concerned, we are allowed, then, to go solicit bids from individual contractors. The fourth contractor that we contacted was Bodiford and they agreed to give us a bid on that -- on those two particular sections. One up there is Pine Road and the other is the Ten Mile interceptor. The bid -- total bid amount is for 1.7 million dollars, so it's not a -- it's nothing to scoff at, but it's -- in discussions with both Nampa City Engineer and Caldwell City Engineer, they are also having trouble getting contractors to bid. Boise has still been fairly successful, but, again, I think this is a trend that's going to continue with contractors. Basically, it's just a heads up. I think we did follow code, we followed procedures, and we are just asking for approval. De Weerd: Thank you, Len. Mr. Rountree? Rountree: Madam Mayor, I just wanted Len to brief the Council on the situation that we are looking at in public works and public works contracting. This is a new thing for all of us that we don't get bids on a job this size, and it is of such a size that I thought it ought to be brought to your attention and that if and when we do approve it, that the Council votes on the amount, as opposed to a consent item. De Weerd: Okay. I guess I might also suggest -- we have sent a letter to the building contractors in regards to the update of our assessment fees and that sort of thing. I think it would be advantageous to get in front of the developers council and also talk about this challenge, as I think they can be part of the solution, since they are using up all the time of these contractors, that they maybe come to the table and help find solutions to this. If it continues to be a problem, certainly it's going to delay projects. Grady: Agreed. I'll take care of that. Thanks. De Weerd: Thank you, Len. Okay. There is a -- Rountree: Madam Mayor? Meridian City Council ~ • February 28, 2006 Page 10 of 30 De Weerd: Yes. Rountree: Having heard that, I would move that we award and approve the award bid for the Pine interceptor and the Ten Mile sewer projects bid by Bodiford Construction in the amount indicated in the agenda item. Bird: Second. De Weerd: Okay. Motion to approve the award of bid for Pine interceptor sewer and Ten Mile sewer project to Bodiford Construction. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: FP 06-004 Request for Final Plat approval of 60 single-family residential building lots and 4 common lots on 23.9 acres in a R-4 zone for Bridgetower Crossing Subdivision No 14 by Primeland Development, LLP -north of West Ustick Road and west of North Linder Road: De Weerd: Thank you. Item 9 is FP 06-004. Anna. Canning: Madam Mayor, Members of the Council, this is for Bridgetower Crossing Subdivision No. 14 and we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the final plat for FP 06-004, Bridgetower Crossing Subdivision No. 14. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ 05-050 Request for Annexation and Zoning of 5.0 acres from RUT to R-4 zone for Reserve Subdivision by Dave McKinnon Meridian City Council ~ • February 28, 2006 Page 11 of 30 with Conger Management Group, Inc. -west of North Locust Grove Road and south of Chinden Boulevard: Item 11: Public Hearing: PP 05-051 Request for Preliminary Plat approval of 12 single-family residential building lots and 5 common lots on 5.0 acres in a proposed R-4 zone for Reserve Subdivision by Dave McKinnon with Conger Management Group, Inc. -west of North Locust Grove Road and south of Chinden Boulevard: De Weerd: Okay. I will open up the public hearings on Item 10 and 11. AZ 05-050 and PP 05-051. With staff comments. Anna. Canning: I'm sorry, Madam Mayor, I seem to -- all right. Here we go. Okay. Sony about that. Madam Mayor, Members of the Council, this is Reserve project. It's located on the west side of Locust Grove Road. You can see the blue outline there. Approximately a thousand feet south of Chinden Boulevard. Just to orient you, the school is immediately to the north, along with some one acre lots. This is a proposed project and, then, the ones that are in color are approved preliminary plats. This was the -- Mr. -- this is Leeshire Subdivision. I can never -- Mr. Grantor Mr. Lee. But it was one of those fellows. So, this was -- this actual project was denied and we have not seen any movement on that property, but just to give you a feel for some of the preliminary plats that have been approved in the area or that are proposed. And this is another proposed one. This is a request for annexation and preliminary plat approval. The gross residential density is 2.4 units per acre. There are 12 building lots proposed and five common lots on five acres with R-4 zoning. I'm sorry, I just realized, this blue line is incorrect. It's only half this properly. So, it's just the half that fronts Locust Grove. We do have some elevations for you. I'll show you the subdivision. So, here is Locust Grove. Pretty straight forward design. Large lots. The aerial again with the preliminary plats on them. Okay. So, those are the elevations. The Commission recommended approval at their January 19th, 2006, hearing. Dave McKinnon spoke in favor. No one spoke in opposition and no one commented. The key issues of discussion by the Commission were street connectivity in the area, current and past ownership of adjacent parcels -- and I'll get to those two others -- those first two in a moment. The density. Some fencing issues. Availability of city services. And a turnaround for Commander Street. The key Commission changes to staff recommendation is -- the primary one is that staff initially recommended denial of the project and the Commission voted three-two to approve the subject development. Let me explain why staff had originally proposed denial. The project itself is -- as a stand-alone development is quite nice. It's larger lots. It's a simple layout. It's clean. And it's a nice development. The issue becomes with those first two key issues of discussion by the Commission and the street connectivity in the area and current and past ownership of adjacent parcels. Mr. Centers, who is developing the project that's before you tonight, also developed this property just to the west and as that application was going through, we asked for 60 feet of frontage adjoining what was, then, a nine acre parcel owned by Mr. Centers. He came in before he presented the application that's before you tonight and had discussed his concerns with that 60 foot of -- it's kind of a parallel frontage -- it's kind of a parallel Meridian City Council February 28, 2006 Page 12 of 30 stub. It's not a traditional stub like we see, but the intent was to stub to that property and get an east-west connection through the area, because one is lacking. The one on Leeshire, as I mentioned before, that development did not go through, so currently we have all of Saguaro Canyon development and now a new application that all goes north- south, but nothing going east and west and we felt that that was very key to planning for this area and the future development of the area. It's a unique one. Again, we have two very long properties to the south of it that are going to be difficult to redevelop individually. They will probably get picked up together to develop, but that may take some time. So, in the interim this is really our key, this project, this nine acre project as it originally came in was our key to getting some east-west connections in the area. That original proposal, once the Ada County Highway District told them that they needed to connect to that stub street, they withdrew that application. They later brought in a subsequent application on -- let's see, it was an eight lot subdivision on four acres and those four acres -- there is kind of a one acre lot here that was an out parcel. I think you can see it more -- a little bit on this one, although it's difficult to see. They brought that one. We, again, raised these issues of concem with connectivity of the street to the stub street and kind of dividing off the back half of this property just to prevent the east-west connection. That application was withdrawn. They came in with the one acre parcel now and have a cleaner plat and, as I mentioned, it is a nice, clean, simple plat, except we still don't have the east-west connection. So, as I have discussed with the Council before, my concem is not only that it meets the code requirements, but that we do plan for the future and we don't set ourselves up for problems in the future and I really believe that by only bringing in a portion of this property at this time that we do set ourselves up for a lot of issues of concem regarding this property to the west. They are having to bring, I believe, water service through that property to serve this development, so there is clearly a relationship there still, because they are bringing services through there and so stafFs concem is that it may not be in the best interest of the city to annex this property at this time. And with that I will answer any questions you may have. De Weerd: Council, do you have any questions at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, from the graphic that you have up there, it doesn't appear to me that there is any east-west connectivity possible with the plat that you show and that one R-8 subdivision. Canning: This is what they are proposing now, so this is half the property, and this would have to swing up and connect -- it would come through here and, then, it would need to swing up and connect right at that point, if I can hold my pen steady enough. There is 60 feet of frontage there on this larger property and that was specifically put there as a stub street to this property at the time of approval and it was an issue of discussion. Meridian City Council February 28, 2006 Page 13 of 30 Rountree: Thank you. De Weerd: Okay. Any other questions at this point, Council? Okay. Is the applicant here? If you will, please, state your name and address for the record. Dinsmore: Sure thing. My name is Jason Dinsmore; I'm with the Land Group. De Weerd: Thank you. Dinsmore: Do you need more than that? De Weerd: Just your address. Dinsmore: 462 East Shore Drive in Eagle. I'm not Dave McKinnon. He couldn't make it tonight and he asked that I come in his place. Rountree: You're a lot bigger than -- Dinsmore: You noticed that, did you? I'm taller. De Weerd: First thing I noticed. Dinsmore: Yeah. I had to move the microphone. It gave it away. Staff has done a nice job of describing the subdivision, the Reserve project. Like she said, it's an annexation of five acres to provide 12 building lots and five common lots. One of the concerns that was brought up at the Planning and Zoning Commission was that the density was slightly less than what's recommended by the city's Comprehensive Plan. That's really a design limitation of the dimension of the property. It's not -- it's just too long north to south to allow us to tighten up the lots and get the density to the point where the Comprehensive Plan would recommend. We think that because of Dunwoody across the street, some of the other large lot developments in the area, it makes an effective transition to have slightly larger parcels in this portion of the city. As that transition goes, they are not by any means humongous parcels by comparison to Arcadia or some of the others; they are kind of just transitional density. The staff report also goes into great length about previous applications and we are pleased that we have learned as much as we have as we have worked through the planning process with ACHD and the city about interconnectivity in the area, about that north-south versus east-west connection that was discussed and the two previous applications that were withdrawn, we have chalked those up to learning experiences. The application that you have now does two things that the previous ones hadn't and it sets the stage for providing that future connectivity. Staffs comments this evening said that she thought it was important to plan for the future and to not set up problems. The layout of the Reserve Subdivision -- if you could go to that slide, Anna? Like she said, it's very clean. It's extremely efficient and it doesn't hamstring the city in any way to require future development, either to the south or on the five acre parcel to the west to provide any kind of Meridian City Council • February 28, 2006 Page 14 of 30 interconnectivity that Council deems appropriate at the time that those develop. So, I think that the layout and interconnectivity that's been provided there really does set the stage for future planning, although I have to admit it doesn't completely close the gap at this point, any future development in the area can establish that east-west connection. Of course, in the inteirim, the Leeshire Subdivision has now been proposed and it also assists in that east-west interconnectivity through Saguaro, Arcadia, this whole area here and provides a better access point onto Locust Grove than Reserve would have by being closer centered on the half mile between Chinden and McMillan. Finally, the Reserve Subdivision -- this iteration, finally, the third revision, has incorporated the one acre out parcel that we weren't able to incorporate before and so has consolidated access points onto Locust Grove. So, instead of having the Reserve's road and the one acre out parcel both taking access in a relatively short distance there on Locust Grove, we have pulled those together now and we are able to reduce the overall conflict points on that -- on that street. That's the summary of my comments. Does anyone have questions that I could help with? De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Dinsmore: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? If you will, please, state your name and address. Piper: Okay. Jessica Piper. 2018 Waterfall, Meridian. De Weerd: Thank you. Piper: Okay. I don't think you should approve this, because if you think of like what is in that area of like a Fred Meyer, which is like way down on -- whatever that road is, and there is just that one thing that's out there, like people -- like convenience, just inconvenience people who are living out there, they have to drive all the way and that just makes the road hazards. So, yeah. De Weerd: Okay. Thank you very much. Is there any other public testimony? Okay. Any final comments by the applicant? Council, any additional information needed on this application, on Items 10 or 11? Bird: I have none, Mayor. Rountree: I have none. Meridian City Council ~ • February 28, 2006 Page 15 of 30 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I have a question of Mr. Silva, actually, if I could ask that. With regards to the roundabout on this project in general -- I know there was some discussion at the Planning and Zoning about the roundabout and preventing parking on it. I don't know the dimensions on this in particular. Are there any concerns with the fire department on its design and the department's ability to maneuver around that? Silva: Yeah. This particular one -- do you have the dimensions on that? Typically, what we try to do is maintain a 20 foot fire lane with a turning radius of 28 and 48 to maneuver -- to enable us to maneuver large vehicles around those roundabouts. Our experience with the roundabouts have been somewhat limited basically to Meadow Lake Village, is one of the only ones I can think of immediately that comes to mind. So, our experience has been somewhat limited with the roundabouts, but they seem to be working well. We attended a workshop where they had, actually, one set up at the Idaho Center and it seemed to -- it slowed you down a little bit, it didn't prohibit, you know, the movement of large vehicles through it. So, as long as we have a 20 foot wide net opening there, you know, of any vehicle that may be parked at the curb, we should be fine. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, does this particular design, does it -- is it conditioned upon there not being any vehicles parked on the roundabout at all or even if there are vehicles would you still be able to maneuver around it? Silva: If I could just take a moment. Borton: Sure. Silva: Mayor de Weerd, Councilmember Borton, there would be no parking on that, because we are showing that a clear width driving surface of 25. We don't allow anything with parking with anything less than 29. So, there would be no parking in that roundabout area. And that probably was called out in the staff report. Borton: Okay. Thank you. De Weerd: Anna or Joe, are those in the Findings? We would want to verify that. Dinsmore: Madam Mayor, we wouldn't be opposed to a condition of approval, if it's not in there already, prohibiting parking in the roundabout. Meridian City Council • February 28, 2006 Page 16 of 30 De Weerd: Okay. Thank you. Okay. So, it is 3.17 -- or 3.7. So, you do have it, then? Silva: Madam Mayor, Councilmember Borton, yes, we do have it in there. De Weerd: Okay. Thank you, Joe. Anything further? Okay. Council? Appreciate the applicant's comments. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more comment, I move we close the public hearings on AZ 05-050 and PP 05-051. Rountree: Second. De Weerd: Okay. We have a motion to close the Public Hearing on Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 10, the annexation for Reserve Subdivision, AZ 05-050, and with the approval of Findings of Facts. Bird: Second. De Weerd: Okay. Motion to approve Item 10. Is there any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd. Okay. Item 11. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council • February 28, 2006 Page 17 of 30 Rountree: I move that we approve the preliminary plat for Item 11, PP 05-051, Reserve Subdivision. Bird: Second. De Weerd: Okay. Bird: That was with the Findings, too, right? Rountree: And the Findings. De Weerd: Motion to approve Item 11, in addition to the Findings. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: Item 13: Public Hearing: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: Item 14: Public Hearing: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: De Weerd: Okay. Public Hearings 12, 13, and 14 are AZ 05-051, PP 05-052, and CUP 05-047. I will open these three public hearings with staff comments. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before staff starts, I believe these are the three they wanted to be continued. If the clerk has either the 7th or 14th, which day do you want it? President. Clerk. Mayor. Whoever. Rountree: Somebody decide. Meridian City Council ~ • February 28, 2006 Page 18 of 30 Bird: Just decide. De Weerd: You have the agendas in front of you. Wardle: Madam Mayor, Councilman Bird, I have the agendas in front of me. De Weerd: They are very lengthy. Wardle: If those are my only -- Bird: No. No. Let's go to the 21st if we have to. Wardle: The 21st is much more -- Bird: Is that okay, Anna? Anna, is that okay? Canning: Yes, sir. Bird: Okay. Is the 21st okay? Wardle: Yes. Bird: Madam Mayor, with that I would move that we continue public hearings AZ 05- 051, PP 05-052, and CUP 05-047, to March 21st, 2006. Rountree: Second. De Weerd: Okay. Motion to continue Items 12 through 14 to the 21st of March. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: Item 16: Public Hearing: PP 05-063 Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: De Weerd: Okay. Items 15 and 16. I will open the Public Hearings on AZ 05-063 and PP 05-063 with staff comments. Meridian City Council February 28, 2006 Page 19 of 30 Canning: Madam Mayor, Members of the Council, this is the Quenzer North project and it's located off of Locust Grove, a little ways back off of Layfield Drive, and it currently has a rural residence and a portion of it was previously platted -- annexed and platted as Lot 10, Block 13, of Quenzer Commons Subdivision No. 9. So, we are putting together a couple pieces here. It is an annexation and a preliminary plat request. This is the portion that was previously platted. This triangular portion at the south end of the property. And, again, that was -- that was actually platted as an open space lot in that Quenzer Subdivision No. 9 and they have received alternative compliance for developing a portion of that property as a roadway, so they had the option to ask me at least that much and we have approved some alternative compliance to build a portion of a -- as a roadway. They have not received approval for a building lot, as they are showing here. So, this one gets a little messy in that you have got an open space lot from a previous plat, being used as a developable lot in this plat. And that was part of the Commission discussion on the January 19th hearing, where they did recommend approval. Jay Walker spoke in favor of the application that night and Mr. Mike Sweet spoke in opposition. Again, the key issues of discussion by the Commission was the percentage of the site dedicated to landscaped open space and the loss of the open space lot from the previous phase of Heritage Commons. The key changes to staffs initial recommendation were to add a condition that stated that Lot 6 and Lot 16 would be restricted to single family homes. So, let's see, here is 16 and here is six. So, the ones at the north end of the property. And adding a condition that stated that vinyl fencing shall be installed by the applicant on the north and east boundaries of the subdivision. North and east. And amend the last bullet of the development agreement to state that horses shall only be allowed on Lot 7, Block 31, the large lot. And the livestock would cease to be housed on that lot either, one, on the vacancy of the property by the current owner Vanessa Klaus or, two, the lifespan of the current horses on the property, whichever occurs first. So, basically, it would be no new horses would be added to the property. And that's because our ordinances don't allow for horses -- or we don't have a provision for that in the city. So, that's where those provisions came from. To our knowledge, there are no outstanding issues before Council. You do have Findings for approval before you tonight. I would note that the motion should include for staff to amend the development agreement as proposed, if that's the way the Council wants to go. And with that I will answer any questions you may have. De Weerd: Council, do you have any questions for staff at this time? Bird: I don't at this time, Mayor. De Weerd: Okay. Thank you. Is the applicant here this evening? The applicant's not here. Canning: Oh. Oh. De Weerd: Our applicant changed faces once again. You don't look like David Turnbull, just like the other guy didn't look guy Dave McKinnon. If you will, please, state your name and address for the record. Meridian City Council February 28, 2006 Page 20 of 30 Centers: Jake Centers, 1979 Locust Grove. De Weerd: Thank you. Centers: And I was here on another matter, but I am one of the builders involved in the Heritage Commons community and I think there may have been a mishap with Brighton not being here. So, if it's okay with you, I would fill in on their behalf, if it's needed to continue this hearing. De Weerd: Okay. Appreciate that offer. Council, now is your opportunity to grill him. Rountree: Yeah. We can really have fun with him. It's not often you do this to yourself. Centers: Would just like to see the project move forward without delay and I'm sure David would be okay with it. De Weerd: Okay. Well, thank you. I'm sure he received a copy of the Findings. Can you answer on his behalf? Is he in agreement? Centers: I'll take a shot and say yes. De Weerd: Maybe we should add a few. Do we have any letter in the file, Anna, perhaps? Centers: I was at the P&Z hearing on this as well, so I'm somewhat informed on what those discussions were. Canning: Madam Mayor, I don't have anything in the file. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Mr. Baird, is it an option -- I mean can you proceed forward or can the applicant be bound by concessions -- Baird: Madam Mayor, Members of the Council and Councilmember Borton, I think even without Mr. Centers' testimony you have the option to proceed tonight. It's been duly noticed. Just from my personal observation, Mr. Tumbull's matters are usually set at the end of the agenda and he may not have known that Ellensburg wasn't going to be heard tonight. He might be on his way. So, one option for you might be to see if there is anybody who wants to speak in favor or in opposition and continue the matter until after your executive session, on the off chance that he gets here and you can ask him if Meridian City Council February 28, 2006 Page 21 of 30 he has any objection. That's only one option. The other option is to proceed with your decision without him. De Weerd: Thank you, Mr. Baird. Okay. Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would suggest that we take further testimony and continue and keep the hearing open until after our Executive Session and at that point take appropriate action. De Weerd: Okay. Centers: Yeah. That's fine. I will, actually, go and try and contact him and see if he's done with his nap and -- Baird: Madam Mayor? De Weerd: Thank you, Mr. Centers. Yes, Mr. Baird. Baird: And Members of the Council, on the off chance that Mr. Tumbull is out of town, perhaps Mr. Centers could specifically inquire if he has any objections to the staff recommendations, so that we can at least have him give hearsay testimony about what he would have said if he were here. Centers: I guess that was my main question, if there weren't any questions of the applicant, you know, if it was good with -- Canning: Madam Mayor? De Weerd: Yes. Canning: This happened once in the past and I think what the end result was was the Council took action and put off approving adopting the Findings until the next week to give the applicant an opportunity to request reconsideration of those Findings. I think that's how we did it last time. Just as an option. We are -- Mr. Silva is trying to contact Mr. Tumbull right now, so -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would have no problem acting upon this right now, because if there was some problem, somebody would be here. I mean he would be here. Meridian City Council February 28, 2006 Page 22 of 30 Wardle: Madam Mayor'? De Weerd: Yes, Mr. Wardle. Wardle: Certainly, I think it's pertinent at this time to see if there is anyone else that would like to offer any additional testimony and, then, we can, at the end of our discussion, see if we want to go any further, continue the hearing, or what we want to do. De Weerd: Okay. Thank you. Okay. Is there any testimony on this application? Please come forward. If you will, please, state your name and your address. Graham: Laird Graham. 4191 North Locust Grove Road. De Weerd: Thank you, sir. Graham: And perhaps this is not necessary. I think staff just misspoke themselves. On Lot 6, Block 31, Lot 16, Block 13, they said restricted to single family homes. It should have been restricted to single story homes. Canning: That's what I meant. I'm sorry. It says single story right here. If I said single family, I apologize for the confusion. De Weerd: Thank you for that clarification. It is in our written documents. But I would be clarifying that myself, too. Okay. Any further testimony? Okay. Seeing none, Council, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree with Mr. Rountree's suggestion, that we sort of reset the matter to the end of the Executive Session to see if Mr. Turnbull is going to arrive and take it up then. De Weerd: Okay. We can continue this to the end of our agenda. Bird: Do we need a motion? Rountree: If that's a motion, Joe, I'll second it. Borton: That's a motion. De Weerd: Okay. There is a motion to continue Items 15 and 16 to after our Executive Session, No. 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian Ciry Council ~ • February 28, 2006 Page 23 of 30 Item 17: Ordinance No. 06-1215 AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision by Primeland Development, LLP -southwest and northwest corners of North Ten Mile Road and McMillan Road: De Weerd: Okay. Do we have an ordinance number for Item 17? Bird: 06-1215. De Weerd: Okay. Mr. Berg, will you, please, read Ordinance No. 06-1215 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1215, an ordinance for annexation of property located in the south one half of Section 27 and the north one half of the northeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G, L-O, and R-4 in the Meridian City Code, providing that copies of the 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. You have heard this ordinance read by title only. Is there any one who would like to hear it read in its entirety? Seeing none, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 06-1215, with suspension of rules. Rountree: Second. De Weerd: Okay. Motion to approve Item 17. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council ~ • February 28, 2006 Page 24 of 30 Item 18: Executive Session per Idaho State Code 67-2345(1) (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Okay. Item 18 is an Executive Session per Idaho State Code 67-2345(1) (c). Do I have a motion to adjourn into Executive Session? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn to Executive Session per Idaho Code 67-2345(1) (c). Bird: Second. De Weerd: Okay. We have a motion to adjourn into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: Okay. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Okay. Items 15 and 16, we moved below Item 18. Oh, are you the applicant? We do have public testimony. If you will please step forward and state your name and address for the record. Item 15: Public Hearing: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: Item 16: Public Hearing: PP 05-063 Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Meridian City Council • • February 28, 2006 Page 25 of 30 Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: Walker: Mayor and Council, Jay Walker with Brighton Corporation. I apologize for my tardiness. You are very efficient tonight. I reside at 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. De Weerd: Thank you. Walker: Thank you, Mayor. I agree to the conditions of the staff report with exception of one of the items that the previous owner or current owner that will be the previous owner here in a few days that had asked me to bring out the gnats. Under annexation analysis of the staff report it states that the horses shall only be allowed on Lot 7, Block 31. It is the livestock clause and it says that the livestock shall cease to be housed on said lot upon either one vacancy of the property by the current owner, Vanessa M. Klaus or two the life span of the current horses on the property, whichever occurs first. Then it says no new horses shall be added to the property. Now, horses are the livelihood of this Vanessa Klaus and she would desire that this being grandfathered in that she would be able to maintain livestock or horses in this case. It is not cattle or sheep, but she would like to have the horses and if one were to die she would like to be able to replace that. She is asking or through me has asked me and I have given my word to present this tonight that that second clause be scratched. I noted that on the following page, page seven of the staff report the livestock, number one we didn't properly strike through - I think that it was located in three places of the staff report, but the current owner or January 1, 2010 whichever occurs first, we were going to strike through January 1, 2010 and omit that. Then obviously under, let's see, annexation comments on page or under Exhibit B, conditions of approval point "b", 1.1 annexation comments again on the last bulleted item of 1.1 it does again state that livestock shall cease to be housed on said lot upon either one vacancy of property to the current owner, Vanessa M. Klaus or the desired strike through the lifespan of the current horses on the property. Now, Mayor and Council I really don't see this being a really big issue. I am not sure how you track that anyway. I don't know how you would tell whether or not she brought in a new horse if one died. De Weerd: We have horse counters. Walker: But, if there is a way - I mean other than that small issue there we are certainly in agreement with everything that the staff has presented. De Weerd: We could ask the queen. Canning: Madame Mayor, Council you mentioned something about a date, but Idon't - can l ask the applicant where that was again? Walker: It was on page 7, under livestock, you know it's the clause that we intended to have grandfathered in as she was annexed into the city. Meridian City Council • February 28, 2006 Page 26 of 30 Canning: I understand now, thank you. Madame Mayor, members of the Council, this is a condition that the Planning and Zoning Commission did add after staff's initial recommendation. Staffs concern is that this is a -it's not really anon-conforming use. A non-conforming use would be one where you have decided to go annex the property without their consent and they are asking to continue a use. This is a little different. This is someone who desires to sell off a portion of their property and the Mayor keeps on laughing at me, so I have take off my hat because I can't stop laughing. De Weerd: Well, we are trying to figure out the butter commercial. Canning: Imperial Margarine. De Weerd: Sorry, we get a little rummy after Executive Session. That is why we put it last on the agenda normally. Canning: This is a little different in that it is not anon-conforming use. They are asking to be annexed into the city with this livestock, which really aren't accounted for except as non-conforming uses. So, they are not really anon-conforming use, but they are asking for those provisions to be applied to them. I think that the applicant is right, we probably are not going to go take pictures of the horses and if someone swapped out horses, we probably wouldn't know. I think maybe a reasonable compromise to completely striking number two would be to limit it to three horses on the property at any time, which I believe is what they have currently. Walker: I am not certain exactly if that's the case, it may be even less than three, but I wish she were here. She was going to be here this evening, but - Canning: Well, the intent would be I think to at least to limit it to what is there currently. Walker: What number of horses are there? I think she would be agreeable to that. As long as she was able to maintain the current number of horses that she owns and maintains on the three acres, I really think that that would appease her. If it is her livelihood and something that she very much enjoys and one of them passes away, I think she would desire to replace it and has the facilities and spent money to relocate some of the horse stalls that would house those horses and if she were able to replace it and utilize the facilities that she has built up over the years that would be, I think, very much appreciated by her. De Weerd: Okay, Council any questions, comments or additional information that you need on this? Rountree: Madame Mayor I have a question on this in why it is necessary to annex this large lot. It doesn't seem to provide a substance to the application? Meridian City Council • February 28, 2006 Page 27 of 30 Canning: Madame Mayor, members of the Council and Council member Rountree, we have diligently fought to bring in the entire property when a property comes in. This one it's pretty clear to see that when Ms. Klaus wants to sell how things would be extended in the future, but a lot of times it's the one acre parcel, you know the one house lot where they don't want to come in and annex and then we have a hole in urban fabric there that we are trying to fix. That is why they have been included now. De Weerd: Council has been pretty clear to staff that in these situations that they are not looking to create the Swiss Cheese enclave situations and so they just have been - Bird: Madame Mayor can I ask Mr. Walker a question? I don't know if he can answer it. I believe in the past the Council has done something like this with animals, but once they either were sold or passed away or something, they weren't replaced. Do you think that would be or are we also limited? Say, if you have four of them now, that is all you have is up to four or something like that. Is that satisfactory with staff? Canning: Did -- the way that the condition is written right now that we are proposing be added to the development agreement is to tie that to one when the current owner vacates the property, so when she sells and two or whichever occurs first if those animals die. I think what Mr. Walker is asking for is that instead of when the animals die, she be allowed to - if one of them dies or she has to sell one of them or whatever that she be allowed to replace that one? I don't think that she would be looking to increase the number of animals on site. Bird: Well, we have done it both ways as I recall -maybe, or Mayor do you remember or Mr. Rountree or Will? We have done it both ways whether, you know we set the limit at what they have got now or we have had replacements or we have had it when they go they don't get replaced, so whatever would be your preference. Canning: Well, I think the owner, Ms. Klaus' preference would be just to limit it to however many are there currently and I think that is fine. This was the first time this issue has come up since I have been at the city, so we didn't know where to go. So, that helps to know some of the history, Mr. Bird, thank you. De Weerd: Any further? Walker: No, I appreciate you hearing that concern of hers and I think she would be agreeable to that. Canning: Madame Mayor? De Weerd: Yes, Anna. Canning: Regarding the one date that is in there that's in interests in analysis section, it's not in the conditions of approval. The other correction or the other one in Exhibit B, where it talks about the one that we are talking about tonight. I don't know that you Meridian City Council February 28, 2006 Page 28 of 30 would need new findings, I think you just need to direct the attorneys to modify that development agreement provisions because we won't actually enforce the annexation comments. They are not conditions of approval, they are just comments. If the Council wants to make a change to that one development agreement provision, I think your findings are okay. We could also do new findings. I just offer that option. De Weerd: Anything else Council? Bird: I have none Mayor. Walker: Thank you and again I apologize for keeping you later than -staff and Mayor and Council - De Weerd: It was suggested that this was probably a lot faster than you are normally used to. Okay, Council, I have two public hearings that are open, would you like move to close them? Bird: Is there anybody else that wants to testify? De Weerd: Is there anyone else that would like to testify? Bird: Hearing nobody, Madame Mayor I move we close AZ 05-063 and PP 05-063. Borton: Second. De Weerd: Okay, all those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion? Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I will try this. I hope I am right. I move we approve AZ 05-063, the request for annexation and zoning for Quenzer North Subdivision by Brighton Corp and also the findings, but on the development agreement to have the attorney draw up to change the development agreement that no more animals that are on the property as of March 1, 2006 can be added to that property. Rountree: Second. Canning: Madame Mayor, can I ask for a clarification? De Weerd: Uh-huh. Meridian City Council • February 28, 2006 Page 29 of 30 • Canning: Would that be the only provision or would you also limit it to the owner -are you modifying number two or are you replacing one and two with that? Bird: I am modifying that - oh, when Vanessa, if she was to move then it is not grandfathered? Canning: Yes. Bird: I would include that in my motion, if the second would agree. I have no problem with that. I hadn't crossed that off. I'd crossed the other back part off. Rountree: I would agree with that. Borton: So, it's not grandfathered? Bird: If she moves, it is not grandfathered. The animals leave too. De Weerd: Oh, that is so sad. Any discussion? Mr. Berg, will you call roll? Roll-Call: Bird, aye; Rountree, aye; Borton, aye; Wardle, aye. ALL AYES. MOTION CARRIED. De Weerd: Okay, PP 05-063. Bird: Madame Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve PP 05-063 and include the findings. Rountree: Second. De Weerd: Okay, you heard a motion to approve. Any discussion? Mr. Berg? Roll-Call: Bird, aye; Rountree, aye; Borton, aye; Wardle, aye. ALL AYES. MOTION CARRIED. De Weerd: Thank you. That ends our agenda. I would entertain a motion to adjourn. Bird: So moved. Meridian City Council February 28, 2006 Page 30 of 30 Rountree: Second. De Weerd: Okay, all those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:46 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~®9,g,8t8@ddl9d/dyg®1 ~' ~'r., ~ ~. MAYOR T ~~:;.;~ `~~ - WEERD _, ATE APPROVED r~~~ ~ '~ o `'~r,, ~~~b'~`~~' • ~V~f~.LIAM G. BERG JR., ITY LERK ~Pd~eoaaa saa~e~eap February 24, 2006 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT ITEM NO. S REQUEST Proclamation for Naflonal Athletic Training Month -March 2006 Eric Taylor from Centennial High School, Kelly Nellesen from Eagle Hight School Michelle Graves from Mountain View High School Scott Marema Meridian High School 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: f 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 publk meetings shall become property of the City of Merldlan. r' ~' J ~ "' (,' _ CITY O~ ~Fr~ ~. ~ ~ i ~I ~_ f PYIU~Il~"Y! '=~ ~~~, ~ IDAHO l e CE~~ ~ Tkr:,~st,r~ Vnyix~ t 4I4fl3 the Office of tFie .~vlayor PROCL.~.~I.~~ION ~l~Vhereas, the membership of the Idaho Athletic Trainers' Association is an extremely dedicated group of professionals that strive to provide medical coverage and assistance to athletes both inside and outside the state of Idaho; and ~1N(~iereas, in 2003, the Idaho Legislature recognized the importance of athletic trainers and granted licensure for those practicing the discipline of athletic training and the State of Idaho Board of Medicine recognizes more than two hundred individuals in our own state; and Whereas, certified athletic trainers specialize in the prevention of injuries, recognition, evaluation and aggressive treatment, injury rehabilitation, health care administration, and also help in the effort to educate and guide other athletic health care professionals; and 1Nhereas, athletic trainers provide a positive impact in our community by working and volunteering for Idaho's professional sports teams, colleges and universities, high schools, clinics and hospitals, for the military, and other corporate and industrial organizations; and wherefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of March, 2006, as N.~L~.~ON.~ .~12J.~L~~~~C ~~-~~RS ~VlON~3C in the City of Meridian to promote public awareness of the importance of the athletic training profession and emphasize the importance of quality health care for athletes and those engaged in physical activity. With special recognition to Eric Taylor of Centennial High School, Kelly Nellesen of Eagle High School, Michelle Graves of Mountain View High School, Scott Marema of Meridian High School. ®ated this 28th day of February, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council { ~ CI'!'1' OF dA~~~~~ k ~ 1 ~f~1~'YI 1 ~~ '~° IDAHO ~': F~~; ,r. ?die 0-fft"ce of tFte 9Vtayo~' PROCL.~L~I.~I~ION "1~Fcer-eas, the membership of the Idaho Athletic Trainers' Association is an extremely dedicated group of professionals that strive to provide medical coverage and assistance to athletes both inside and outside the state of Idaho; and "MjFiereas, in 2003, the Idaho Legislature recognized the importance of athletic trainers and granted licensure for those practicing the discipline of athletic training and the State of Idaho Board of Medicine recognizes more than two hundred individuals bn our oven state; and '1R~Fereas, certiited athletic trainers specialize in the prevention of injuries, r®c~gnition, evaluation and aggressive treatment, injury rehabilitation, health care administration, and also help in the effort to educate and guide other athletic health care professionals; and 1Nhereas, athletic trainers provide a positive impact in our community by working and volurrteering for Idaho's professional sports teams, colleges and universities, high schools, clinics and hospitals, for the military, and other corporate and industrial organizations; and ~ierefrn'e, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of March, 2006, as in the City of Meridian to promote public awareness of the importance of the athletic training profession and emphasize the importance of quality health care for athletes and those engaged in physics! activity. With special recognition to Eric Taylor of Centennial High School, Kelly Nellesen of Eagle High School, Michelle Craves of Mountain View High School, Scott Marema of Meridian High Srhoal. ®ated this 28th day of February, 2006. Tammy de Vi'd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council February 24, 2006 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of January 31, 2006 City Council /Planning & Zoning Commission Joint Workshop Meeting 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: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shell become properly of the City pt Meddign. February 24, 2006 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of February 14, 2006 City Council Regular Meeting 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ' COMMENTS February 24, 2006 AZ 05-055 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Dyver Development, LLC ITEM NO. 6-~ REQUEST Findings for Approval -Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision - Norfh Meridian Road and West McMillan Road 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: ~ See attached Findings cw~',°~ i ~~"-.s~C~-- Materials presented at pubNc meetings shall become property of the C(ty of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~,~~I ~E~ ~ 3 200 Cit,~p D~~ ie~°idia~ ~;~~~{k ®f&cc ~-l~r 4,. ,. ~~ 5 ~~:~ ~•,~ •~~ -~..~• _ "`, In the Matter of Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33, by Dyver Development, LLC. Case No(s).: AZ-05-055 and PP-05-057 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 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-OS-055 / PP-OS-057 -PAGE 1 of 4 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 14, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 10, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The Council added a Development Agreement provision that reflected the applicant's willingness to voluntarily construct a pedestrian pathwa~g McMillan Road, from Ambercreek Wav to the McMillan Road/Meridian Road intersection (see Section 10.1 of the Staff Report for the Hearing Date of Februarv 14, 2006) 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-055 / PP-OS-057 -PAGE 2 of 4 ! ~ submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-055 / PP-OS-057 -PAGE 3 of 4 2 ~~ By action of the City Council at its regular meeting held on the (,~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~~~e~ COUNCIL MEMBER JOE BORTON VOTED__~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ (~~{~i COUNCIL MEMBER KEITH BIRD VOTED__C~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~'~' de WEERD ~o° ~ '~~ ATTEST: :~`°\ ~ ~G~``~~9 ~~~' ®®'°° ,~, ~, T~0 WILLIAM G. BERG, JR., CITY CLARK ~~ ~ ~,~ Copy served upon: / Appllcant~~~r~~°asr,~Pepo olgASg1o~~®`~o® / Planning Department / Public Works Department / City Attorney By: ~ Dated: ~-."t S° D l0 ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-055 / PP-OS-057 -PAGE 4 of 4 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARIICS DATE OF FEBRUARY 14, 2006 STAFF REPORT Hearing Date: 2/14/2006 TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 r; ~, P;d _Y e:pyv~~r9fr ~~~~~~~~~ ~~ h trs.~t+ra py~;; ~° >' "`'r~ SUBJECT: Ambercreek Subdivision AZ-OS-055 Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8 (Medium-Density Residential). PP-OS-057 Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone. 1. SUNIMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium-Density Residential) for 35.33 acres of property currently zoned RUT in Ada County. The site is located on the west side of Meridian Road and on the south side of McMillan Road. This site is currently vacant and being used for agricultural purposes. The site has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on December 15, 2005 and January 5, 2006. At the January 5, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staffpresenting application: C. Caleb Hood v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Linder Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. Anew middle school will be built at the northeast corner of Meridian Road and McMillan Road in 2007. The Meridian Transportation Task Force has concerns about the lack of sidewalk connectivity between this subdivision and the new middle school. The Task Force requests that the City Council discuss with the applicant the possibility of constructing an off-site sidewalk from Meridian Road to their east property line. As proposed by the Planning & Zoning Commission the subject applicant is required to construct sidewalk along their frontage, prior to issuance of the first building permit. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 Planning; & Zoning Commission is recommending approval of the proposed Ambercreek Subdivision (AZ-OS-055 and PP-OS-057). At the February 14, 2006 City Council meeting Council voted 3-1 to approve the subject applications with the conditions listed in Exhibit B and the provisions for a Development A~xeement as listed in the Staff Report. NOTE: Staff has modified the DA provisions to include the lang;_uage regarding the applicant's willingness to construct a pedestrian pathway along McMillan Road to the Meridian Road intersection (see Section 10.1 of the Staff Reportl. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-055 and PP-OS-057 as presented in Staff Report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- OS-055 and PP-OS-057 as presented in the Staff Report for the hearing date of February 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-055 and PP-OS-057 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: N. Meridian Road, near the southwest corner of Meridian Road and McMillan Road / 4N1 W36 b. Owner: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 35.33 acres to R-8 and Preliminary Plat approval of 175 single-family buildable lots and 16 common lots. The applicant is proposing a mix of alley- loaded lots (901ots) and standard, street-loaded single-family lots (851ots). All of the Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 2 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 proposed lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 5,000 square feet. The gross density of the project is 4.95 dwelling units per acre. The applicant is requesting astep-up in density, to medium, for this project (see Comprehensive Plan Policies and Goals below.) Nearly twelve percent (approximately four acres) of the site is being set aside for open space; six percent (approximately two acres) of the site is being set aside for useable open space. In addition to the open space, a tot lot, picnic area, pathways and detached sidewalks are proposed as amenities in the subject development. 1. Date of preliminary plat (attached as Exhibit Al): 10/10/OS 2. Date of landscape plan (attached as Exhibit A2): 10/13/05 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. In conclusion, Ambercreek Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and provides consideration to future properties with proposed stub streets. The requested zoning to R-8 is incompliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area o the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. A variety of housing styles and sizes has been achieved, along with usable open space and amenities, while maintaining an appropriately compatible density (please see Applicant's Submittal Letter.) 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 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 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 28 and December 12, 2005 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) d. Radius notices mailed to properties within 300 feet on: November 18, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) e. Applicant posted notice on site by: December 5, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant and is being used for agricultural purposes. b. Description of Character of Surrounding Area: The parcels directly to the south and northeast have not been annexed. The property to the east, across Meridian Road, has not been annexed or platted. To the north, across McMillan Road, are the previously approve multi- family and commercial uses within the Paramount development. The City-approved Cedar Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 3 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 Springs North Subdivision is directly west of the subject site. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Future multi-family and commercial uses approved with Paramount Subdivision, zoned R-40 and C-G 2. East: Rural residential, zoned RUT (Ada County) 3. South: Rural residential, zoned RUT (Ada County) 4. West: Future phase of the Cedar Springs Development, zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is in W. Red Rock Drive from Cedar Springs. Location of water: Water is readily available in W. Red Rock Drive from Cedar Springs and in N. Meridian Road. Issues or concerns: Staff has concerns about the 5-acre parcel (Parcel No. 50436110015) all sewering to the stub to the north. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Lemp Canal runs along the northern boundary of this site. It would take a 72-inch pipe to contain the Lemp Canal. Consistent with previous Council action in this area, staff recommends that the Council not require the applicant to the the Lemp Canal. All irrigation ditches, laterals and canals, except for the Lemp Canal, should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-8 (Medium-Density Residential) 7. Size of Property: 35.33 acres f. Subdivision Plat Information: 1. Residential Lots: 175 2. Non-residential Lots: N/A 3. Total Building Lots: 175 4. Common Lots: 16 5. Other Lots: N/A 6. Total Lots: 191 7. Gross Density: 4.95 units per acre (net 8.7 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along both Meridian Road and McMillan Road, arterial streets (UDC 11-2A-5). The applicant is Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 4 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 proposing a 25-foot wide landscape buffer along Meridian Road and a 60-foot wide landscape buffer along McMillan Road. The entire landscape buffer along McMillan Road is encumbered by an Idaho Power Company Easement. If Idaho Power does not allow trees within their easement (as proposed by the applicant), the applicant should be required to widen the landscape buffer an additional 5 feet so that trees can be constructed along McMillan Road (see UDC 11-3B-SJ and UDC 11-3B-7). Staff is generally supportive of the street buffer widths proposed. Street buffers are not required on any of the internal, local streets. However, the applicant is proposing to construct 8-foot wide planter strips between the back of the curb and the face of the sidewalk on the internal streets. Staff is supportive of the proposed street section design. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.06 acres/11.5% (including street buffers) and 2.27 acres/6.4% (excluding street buffers). 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Amenities: 6.4% useable open space, tot lot, BBQ and picnic area, and micropaths to private park site. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) 40 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage 4,000 4,000 k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road. All of the internal streets are local streets with a 34-foot wide street section (measured back of curb to back of curb) and contain sidewalks that are detached 8 feet from the back of curb. The applicant is proposing to construct alley loaded units on four blocks. The alleys are also proposed to be dedicated to ACHD as public alleys and contain a 16-foot wide pavement Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 5 CTI'I' OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 section within 20 feet of right-of--way. Staff is supportive of the proposed street system. The ACRD is requiring traffic calming devices alone Red Rock Drive and Elsinore Avenue; a turn lane on McMillan Road: widening of Meridian Road abutting the site; and construction of sidewalk along both McMillan Road and Meridian Road. For a detailed report on all of ACPID's conditions, please see the ACbID report and Exhibit B. 7. COMMENTS MEETING On November 23, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 175 single- family lots on 35.33 acres for a gross density of 4.95 dwelling units/acre. As allowed by Note #2 on the face of the Future Land Use Map, the applicant is requesting a step up in density and zoning designation, from low to medium. A Comprehensive Plan Map amendment is not required for the Citv to process the applicant's request for the R-8 zone for a property designated for Low Density Residential use. NOTE: The designation of the subject site on the Comprehensive Plan Future Land Use Map is proposed to be amended to "Medium Density Residential" with the current North Meridian Area Comprehensive Plan Amendment (NMA CPA). The NMA CPA is scheduled to be on the January 17, 2006 City Council agenda. If approved by the City Council, as recommended by the Commission, this area would not need the step up in density; it would comply with the new map designation. 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 manneY• • 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 #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. Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 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 VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend an approved stub street from Cedar Spring North (Sage Spring/Red Rock Drive), and provide an additional stub to the conceptual attached phase of Cedar Springs North (Peach Springs Drive.) The applicant is also proposing a stub street, Elsinor Avenue, to the unplatted property to the south and a stub street, Havasu Falls Drive, to the unplatted property to the northeast. To further enhance connectivity in this area, staff is recommending that the Elsinore Avenue stub location be moved approximately 200 feet to the east, and that an additional stub be provided from Lava Falls Drive to the S acre parcel directly northeast. See Analysis below and Exhibit B for more details. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. 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. A six foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections to adjacent properties. Due to the anticipated construction of the middle school on the northeast corner of McMillan Road and Meridian Road, staff recommends that the detached sidewalks along McMillan Road and Meridian Road be constructed with the first phase of the development. See Analysis below for more information. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 7 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to McMillan Road and one public street access to Meridian Road are proposed. Direct lot access to McMillan Road and Meridian Road should be prohibited. 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. Stafffinds that the existing residential properties to the south, east and west and the future multi family and commercial area, which are across McMillan Road to the north, are compatible with the proposed development. 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-8 zone. Cedar Spring North Subdivision obtained an R-8 zone and Paramount Subdivision obtained R-8, R-40, L-O and C-G zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Due to the higher density phases approved directly to the west in Cedar Springs, and to the north in Paramount Subdivision, staff believes that the proposed density and zoning for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant s zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium-Density Residential: 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. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 8 CTI'Y OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on September 29, 2005 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to construct a 5-foot wide detached sidewalk along their frontage of McMillan Road and Linder Road, prior to issuance of building permits in the first phase of the development. Access to Arterials: Except for one public street access to McMillan Road and one public street access to Meridian Road, vehicular access to McMillan Road and McMillan Road should be prohibited for this site Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desigxlation and does not ne atg ivel~pact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process within 18 months of Citv Council approval. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this Ambercr~k Subdivision AZ-OS-O55/PP-OS-057 PAGE 9 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY I4, 2006 project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along McMillan Road and Meridian Road prior to occupancy of any new dwelling units. That the applicant has voluntarily agreed to construct a pedestrian pathway along McMillan Road. from Ambercreek Wav to the McMillan Road/Meridian Road intersection. If ACRD is unable to acauire an easement or property from the 5-acre outnarcel to the east, the applicant shall construct said pedestrian pathway within the e~sting rieht-of-way for McMillan Road (north side of the canal). If ACRD is able to acquire an easement or additional right-of--way from the 5-acre outparcel, said pedestrian pathway shall be constructed on the south side of the canal. A pedestrian pathway along McMillan Road. from Ambercreek Wav to the McMillan Road/Meridian Road intersection shall be installed prior to occupancy of any new dwelling units on this property. That one public street access will be allowed to McMillan Road and one public street access will be allowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Interconnectivity: The applicant is proposing to construct/extend five stub streets to adjacent properties. Staff is generally supportive of the proposed stub street locations, with two exceptions. First, staff recommends that the Elsinore Avenue stub be relocated approximately 200 feet to the east. This recommendation will prevent Elsinore from being such a long, straight street and also allows a direct pedestrian movement between the park site on Lot 9, Block 5 and the southern lots. The second recommendation regarding interconnectivity has to do with access to the five-acre parcel to the northeast. To limit future access points to Meridian Road, staff recommends that a stub street from Lava Falls Drive be provided north to Parcel No. SO436110015, or Lava Falls Drive be relocated to the north property line. See Exhibit B below. Sidewalks: The applicant is proposing to construct four-foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with aneight-foot wide landscape strip (parkway.) In accordance with the recently passed ACRD planter width standards and UDC 11-3A-17, the width of the landscape planter strip should be constructed as proposed and include Class II trees. See Special Consideration section above for the requirement to construct sidewalks adjacent to McMillan Road and Meridian Road and Exhibit B below. Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 10 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 Landscaping: The landscape plan prepared by The Land Group, Inc., on 10-13-05, labeled Sheet L1.0, Ll.l and L1.2 is approved with the following modifications/notes: • Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet UDC 11- 3B-7Clb). The landscaping and sidewalks along Meridian Road and McMillan Road should be installed prior to the issuance of the first occupancy permit within this development. • All parkway trees shall be Class II trees. • Per UDC 11-3G-3A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a revised landscape plan, reflecting the changes mentioned above, with the fmal plat application(s). Unimproved Right-of--Way: Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Neither McMillan Road nor Meridian Road abutting this site, meets the warrants for the 10-foot wide gravel shoulder requirement listed above. However, the applicant is proposing 5-foot wide gravel shoulders along the arterial streets. The applicant should be required to improve McMillan Road and widen Meridian Road as required by ACHD. Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road; no direct lot accesses to the adjacent arterial roads are proposed. Except for the proposed public street accesses, access to this parcel from Meridian Road and McMillan Road is prohibited. See Exhibit B below. Allevs: The applicant is proposing alleys within four blocks of the development. The right-of--way for the proposed alleys is 20-feet wide and is proposed to be dedicated and maintained by the Ada County Highway District. Staff is supportive of the proposed alley configurations. The applicant should be required to comply with ACHD's standards for alley construction. All alleys should contain at least 16 feet of pavement within the 20-foot right-of--way and be constructed with 28-foot inside and 48-foot outside turn radu where the alleys intersect the public streets. See Exhibit B below. Fencing: The applicant is proposing to construct asix-foot tall solid fence around the perimeter of the site and four-foot tall solid fences adjacent to the internal common lots. A detailed fencing plan should be submitted upon application of the final plat. If Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 11 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro paths: All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. Ditches, Laterals, and Canals: There are exiting irrigation ditches that run along the perimeter of this parcel. The Lemp Canal runs along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to the the Lemp Canal, as it would take a 72-inch pipe. Staff recommends that the City not require the applicant to the the Lemp Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Lemp Canal and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-OS- O55 and PP-OS-057. with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5, 2006. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 10-10-OS) 2. Landscape Plan (dated: 10-13-OS) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 12 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department 10. Settlers Irrigation District C. Legal Description D. Required Findings from Unified Development Code Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 13 Crl'Y OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 10-10-OS) Exhibit A -Page 1 CTI'Y OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 2. Landscape Plan (dated 10-13-OS) -~- ~ A ~~~ ~~ ~~ ~ a, d - -- ~ y e 9~u,•-_ 1- j ~ ; W '~. Y ~ ~ - f+' ~ ~ ~ ~ Q Y°s+ .~ °E°a'''a°A°e E ~ r ~°, ~ :. N ~ ~ ~ '~~~ ~~~ ~ 1 ~ ~ wt - ~ ~ ; raj ~~s~~~, ~a, i~~ a r ~f ' i ~ ~ ~ ~~ ~ ~ ~ ~; u ~`a~ tl . ( ' W~1 le ~~ ~-~~ ~ ~ ~ ~ - .~`~ ~ ''-~~, i. T ,~ ~ r ~ 9A 3g ~ 7~- i ~ ~A ~~ i~ '~ 1 ~ ~ ~ ~ a ,'fa ~ Y r` r ! ~ ~ ~ ~~ > ~~~ l~ _ ~ `'+Vr1' r~ '~~~r` -.-.ai .e , ? ~y'1 of ..., ~. t ~ ~~ A 1~}> EE / ~$ a6 ~ C ~~ } ~ ~ j I GFi._~ r ~~ A ^ g ~ 2 jv 4 p c.pf ~ ~' ~Fg r~ a i~ ~' `a .u• ~ i ~ ~ d q ' ~ ~ . ' J+~V 4 ~~ ~ f d P ~ ~' "' I~ Z ppp ~•~ T . ,~ ,~a ~p - -- ~ _ .. . Exhibit A -Page 2 CTl'Y OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 14, 2006 I i ~p ~ ~ p~~ ~ ~~ ~~ r w {_~ 0q ,~ ., ~~ ~~, ~'~I~~I ~;~,i ~~ ,~ ~~ ^KOA# p 3's a~, t~Bo y d+-^~ -~ ~ ~ i , e.;~,. _, ~~ ~; ~I Exhibit A -Page 3 CTI'Y OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 i $ ~ m ~ § _ ""°"~" ~_ q~-: _ i f ~ ~~ - _ 1 ~- r ~' Exhibit A -Page 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQLTIltEMENTS-PRELIMINARY PLAT (PP-OS-057) 1.1.1 The preliminary plat labeled as PP-1, prepared by Bailey Engineering, Inc., dated October 10, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-055) application shall also be considered conditions of the Preliminary Plat (PP-OS-057). 1.1.2 Relocate the Elsinor Avenue stub street approximately 200 feet to the east (to generally align with the micro-paths leading to/from the park site.) 1.1.3 Either relocate Lava Falls Drive to the north to provide access to the five-acre parcel at the southwest corner of the intersection of McMillan and Meridian Road (Parcel No. SO436110015), OR construct a public stub street from Lava Falls Drive, that aligns with Alester Avenue, to Parcel No. SO436110015. 1.1.4 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. 1.1.5 Prior to issuance of the first occupancy permit, provide five-foot wide detached sidewalks along the entire frontage of McMillan Road and Meridian Road. 1.1.6 The landscape plan prepared by The Land Group, Inc., on 10-13-05, labeled Sheet L1.0, L1.1 and L1.2 is approved with the following modifications/notes: • Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet. The landscaping and sidewalks along Meridian Road and McMillan Road shall be installed prior to the issuance of the first occupancy permit within this development. • All parkway trees shall be Class II trees. • Per UDC 11-3G-3.A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application(s). 1.1.7 Place a note on the face of the final plat(s), stating that direct lot access to McMillan Road and Meridian Road is prohibited. Exhibit B -Page 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 1.1.8 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 16 feet of pavement within a 20-foot right-of--way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. 1.1.9 Construct 6-foot tall solid fencing around the perimeter of the site, as proposed. Any fencing adjacent to common lots and micro-paths shall be restricted to either 4-foot tall solid, or 6-foot tall open vision (maximum). A detailed fencing plan shall be submitted upon application of the final plat(s). If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.10 All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.11 Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. 1.1.12 All irrigation ditches, laterals or canals, exclusive of the Lemp Canal and natural waterways, intersecting or crossing the area being subdivided shall be covered. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-057) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B -Page 2 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Extend sewer and water service to the southern portion of the 5-acre parcel (Parcel No. 50436110015) through the access required by the Planning Department's conditions of approval. 2.3 Water service to this site is being proposed via extension of mains in N. Meridian Road, and extension of mains in Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The City of Meridian's to and through policy will require the applicant to install water main on the frontage of this property in McMillan Road. Once the frontage main is installed, there will be a gap of approximately 290-feet between this development and the intersection of McMillan and Meridian roads without water main. The applicant shall coordinate with the Public Works Department a cooperative agreement whereby this gap in the water line is installed with this development and funded by the City of Meridian. 2.5 The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development, a plan approval letter shall be submitted prior to scheduling of a pre- construction meeting. 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. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted Exhibit B -Page 3 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,500 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' 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 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. Exhibit B -Page 4 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAt~ DATE OF FEBRUARY 14, 2006 h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 All entrance and internal roads (including alleys) shall have a turning radius of 28' inside and 48' outside radius. 3.5 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than'/2 the diagonal measurement of the full development. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The proposed 175-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 508 residents at build out. 3.10 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 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). 3.11 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. Police Department 4.1 The proposed plat encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Peach Springs Drive, Elsinore Avenue and Red Rock Drive. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 Please contact Bill Gre~orv at SSC 0888-3999) for detailed review of vour nrooosal Arior to the public hearing. There is a concern that the required modifications to alleys may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. Exhibit B -Page 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 7. Ada County Highway District Site Specific Conditions o~pproval 7.1 Construct a 5-foot detached concrete sidewalk south of the Lemp Canal within an easement provided to the District. 7.2 Construct a westbound left turn lane on McMillan Road at the north site access intersection. 7.3 The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 7.4 Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site. 7.5 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed. 7.6 Provide sufficient pavement width on the two site entrance roadway intersections (Ambercreek Avenue intersecting McMillan Road, and Lava Falls Drive intersecting Meridian Road) to accommodate simultaneous left and right turn movements. 7.7 Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.8 Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Red Rock Drive and Elsinore Avenue. The applicant shall coordinate the location and design of the traffic calming devices with District Traffic Services staff. 7.9 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FCJTLTRE." Stub street to the south, Alester Avenue, located 200-feet west of Meridian Road (measured centerline to centerline). Stub street to the south, Elsinore Avenue, located to generally align with the micropaths that lead to the park site in the northern part of the subdivision. (This will require a shift of approximately 240-feet to the east from where the stub street was originally proposed to be located.) Exhibit B -Page 6 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 Stub street to the west, Red Rock Drive, located approximately 160-feet north of the south property line (measured property line to centerline). This stub street shall align with and connect to Sage Spring Drive within Cedar Springs Subdivision to the west of this site. Stub street to the west, Peach Springs Drive, located 690-feet north of the south property line (measured property line to centerline). Stub street to the east, Havasu Falls Drive, located 215-feet south of McMillan Road (measured centerline to centerline). 7.10 Construct one roadway, Lava Falls Drive, to intersect Meridian Road. This road shall be shifted to the north to provide access to the 5-acre parcel at the southwest corner of the intersection of McMillan and Meridian Road, OR the applicant shall construct a stub street in alignment with Alester Avenue to the 5-acre parcel. 7.11 Construct one roadway, Amber Creek Avenue, to intersect McMillan Road approximately 355- feet west of the east property line (measured property line to centerline), as proposed. 7.12 Submit the bridge plans for the crossing of the Lemp Canal (Ambercreek Avenue) for review and approval prior to the pre-construction meeting and plat approval. 7.13 The applicant shall construct the two proposed east-west alleys and the one proposed north south alley to the following standards: • Dedicate a minimum of 16-feet for all alleys. All alleys shall be paved a minimum of 16- feet in width. • Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. • Access to an alley shall be located a minimum of 25-feet from the nearest public street. 7.14 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 7.15 Comply with all Standard Conditions of Approval. Standard Conditions o~pproval 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. Exhibit B -Page 7 CTI'I' OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two filll 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 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. Nampa & Meridian Irrigation District 8.1 No comment; outside of NMID's district. 9. Central District Health Department 9.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. 10. Nampa & Meridian Irrigation District 10.1 All irrigation/drainage facilities along with their easements must be protected and continue to Exhibit B -Page 8 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank. 2) The Coleman Lateral that requires a tota130' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements. Contact SID for additional requirements. 10.2 A Land Use Change Application must be on file prior to any approvals. 10.3 A license agreement MiJST be signed and recorded prior to construction of any SID facilities, or within its easements. 10.4 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. 10.5 All storm drainage must be retained on-site. 10.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B -Page 9 CTI'Y OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 C. Legal Description Legal Descric~fian larrres t~oeYEy A parcel looted in the NE +/a or the NE g/< of erection 3Fi, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and mare partitxllarly descr-'~d as follows: Conunenrang at a brass cap monument marking the northeast corner of said Sectlon 36, tTOm which a 5t8 inch diameter iron pin marking the northwest tsorner of said NE +/q of the NE'/a bears N 89~4't~i° W a distance of t34Q.89 teat; Thence N 89°x4'18° W along the noethedy boundary of said NE +/a of the NE +/a a distance Gf ~o.t1D feet to a 5f8 inch diameter iron pin and tha PUiNT OF BEGINNING; Thence leaving said northerly boundary S 0°fl2'S2° W a distance of 834..63 feet to a x!6 inch diameter iron pin; Thence S 894'16" E a distance of 290.00 feet 20 a 5!8 inch diameter iron pin on the easterly boundary of said NE Ya of the NE +/,; Thence along said easterly bamdary S 0°02'52" W a distance of 495.38 feet to a 5!8 inch diameter iron pin marking the southeast comer of saki NE +/4 of the NE '1a; Thanctr N 89°45'18" W along the southerly boundary of said NE +/~ of the NE +/a a distance of 134Q.£io fast to a 5!8 inch diameter iron pin marking the southwest comer of said NE +/a 4f the NE 1/a; Thenr~ N 0~2'UB" E along the westerly boundary of said NE '/a a# the NE +/o a distance of 56.70 fe®t to a S/8 inch diameter iron pin marking the northwest corner of sa#d NE ~1a of the NE +/a; Thence S 88°84`16" E along the northerly bourrolary of said NE +/a of the NE +/a a distance of i05D.89 feetto the POINT OF BEGINNING. Thy parse! contains 3x.33 acres and is subject to arty ea~ments existing or in use. Clinton W. Hansen, PLS t,i Solutions, FC Revised - erepiem~r 29, 2DD5 REYrHilY pPPt~SV 1_~ 1 ®p~- A .r~?~. ~do OEP'r•~ ~ Dti9~~9a'9;3 wmm.~g.,ec dames Pnarmr[y lob ~ OS-Cr2 Exhibit C -Page 1 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 _.._l._..L_u~t_ _.. H~.~-. ,.~ ~, - .~.~ Q ~i ~;~ --- T,_.___ a~ ~~ -~_ ~~ `n, ~z~ ~ a M~ ~~ ~'~ ~~ ~~ ~~ s. ~~ z q ~ o 2 ` - ~~ ~ ~~ Exhibit C -Page 2 ~. CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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-8. Council finds 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds 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 finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zonin of this property to R-8 would be in the best interest of the Citv 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: Exhibit D -Page 1 CITY OF MERIDIAN PLAN~VG DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. Council generally supports the proposed plat layout and proposed density 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; Council finds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 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 cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council fords that supporting services are available to support 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 fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and 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. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D -Page 2 February 24, 2~6 PP 05-057 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Dyver Development, LLC ITEM NO. 6-D REQUEST Findings for Approval -Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in proposed R-8 zone for Ambercreek Subdivision -North Meridian Road and West McMillan 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: COMMENTS See attached Findings °"i ' ~ r°~ Contacted: )~ ~, Date: ~"~ (Xv one: ~'- ~/~ Emailed: S (~ ,(~f1e~., .~ ~( S /yn~1 Staff Initials: Materials presented aF pubNc meetings shall become property of the CNy of Meridian. c: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ItkC"ETv~FLu ~~ C~~,' d_jt ' ~~ridia.~ _Y~ ~.. ~~ ~~a ~ ~~` ~. `°-~°~~, a-,~,.,~~ ~,i~~v~, at In the Matter of Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33, by Dyver Development, LLC. Case No(s).: AZ-05-055 and PP-05-057 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 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-OS-055 / PP-OS-057 -PAGE 1 of 4 n L~ • 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 14, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 10, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The Council added a Development Agreement provision that reflected the applicant's willingness to voluntarily construct a pedestrian pathway along McMillan Road, from Ambercreek Way to the McMillan Road/Meridian Road intersection (see Section 10.1 of the Staff Report for the Hearing Date of February 14, 2006) 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-055 / PP-OS-057 -PAGE 2 of 4 i ~ submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-055 / PP-OS-057 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~ ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~~~-- COUNCIL MEMBER JOE BORTON VOTED_ (J~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ (~~ZG~- COUNCIL MEMBER KEITH BIRD VOTED__C~~?~ TIE BREAKER MAYOR TAMMY de WEERD VOTED MA,~ de ~VEERD ATTEST: ~ ~,~r~~Q'r y~A ~ '; 6 + WILLIAM G. BERG, JR., C~~ ~" ~ ~~ ~ \~ ~ a Copy Served upon: / Applicant~d~®'"'leases„+-®'~®~~,~4~~~~ / Planning Department /' Public Works Department / City Attorney By' l Dated: ~ -a K-p~ 0 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-055 / PP-OS-057 -PAGE 4 of 4 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 STAFF REPORT Hearing Date: 2/14/2006 TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 "6 x A°_..P ~} ~ e.er~ e~~ ~~ ~_f! '~ ~, ~u.~~ ,4 ~ f ~, :°(A ~ %• ~ _JP ~`-+~`9? ~1S-ht1 WI' SNP ~ -gip ~~ SUBJECT: Ambercreek Subdivision AZ-OS-055 Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8 (Medium-Density Residential). PP-OS-057 Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone. 1. SiJ1VIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium-Density Residential) for 35.33 acres of property currently zoned RUT in Ada County. The site is located on the west side of Meridian Road and on the south side of McMillan Road. This site is currently vacant and being used for agricultural purposes. The site has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on December 15, 2005 and January 5, 2006. At the January 5, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Linder Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. Anew middle school will be built at the northeast corner of Meridian Road and McMillan Road in 2007. The Meridian Transportation Task Force has concerns about the lack of sidewalk connectivity between this subdivision and the new middle school. The Task Force requests that the City Council discuss with the applicant the possibility of constructing an off-site sidewalk from Meridian Road to their east property line. As proposed by the Planning & Zoning Commission the subject applicant is required to construct sidewalk along their frontage, prior to issuance of the first building permit. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 1 CTI'Y OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 Planning_ & Zonine Commission is recommending approval of the proposed Ambercreek Subdivision (AZ-OS-055 and PP-OS-057). At the February 14, 2006 City Council meeting, the Council voted 3-1 to approve the subject applications with the conditions listed in Exhibit B and the provisions for a Development A.exeement as listed in the Staff Report. NOTE: Staff has modified the DA provisions to include the language regarding the applicant's willin egn ss to construct a pedestrian pathwa~g McMillan Road to the Meridian Road intersection (see Section 10.1 of the Staff Reportl. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-055 and PP-OS-057 as presented in Staff Report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- OS-055 and PP-OS-057 as presented in the Staff Report for the hearing date of February 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-055 and PP-OS-057 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: N. Meridian Road, near the southwest corner of Meridian Road and McMillan Road / 4N1 W36 b. Owner: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 35.33 acres to R-8 and Preliminary Plat approval of 175 single-family buildable lots and 16 common lots. The applicant is proposing a mix of alley- loaded lots (901ots) and standard, street-loaded single-family lots (851ots). All of the Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 2 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 proposed lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 5,000 square feet. The gross density of the project is 4.95 dwelling units per acre. The applicant is requesting astep-up in density, to medium, for this project (see Comprehensive Plan Policies and Goals below.) Nearly twelve percent (approximately four acres) of the site is being set aside for open space; six percent (approximately two acres) of the site is being set aside for useable open space. In addition to the open space, a tot lot, picnic area, pathways and detached sidewalks are proposed as amenities in the subject development. 1. Date of preliminary plat (attached as Exhibit Al): 10/10/OS 2. Date of landscape plan (attached as Exhibit A2): 10/13/05 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. In conclusion, Ambercreek Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and provides consideration to future properties with proposed stub streets. The requested zoning to R-8 is incompliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area o the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. A variety of housing styles and sizes has been achieved, along with usable open space and amenities, while maintaining an appropriately compatible density (please see Applicant's Submittal Letter.) 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 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 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 28 and December 12, 2005 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) d. Radius notices mailed to properties within 300 feet on: November 18, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) e. Applicant posted notice on site by: December 5, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant and is being used for agricultural purposes. b. Description of Character of Surrounding Area: The parcels directly to the south and northeast have not been annexed. The property to the east, across Meridian Road, has not been annexed or platted. To the north, across McMillan Road, are the previously approve multi- family and commercial uses within the Paramount development. The City-approved Cedar Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 3 CTI'Y OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 Springs North Subdivision is directly west of the subject site. This area is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Future multi-family and commercial uses approved with Paramount Subdivision, zoned R-40 and C-G 2. East: Rural residential, zoned RUT (Ada County) 3. South: Rural residential, zoned RUT (Ada County) 4. West: Future phase of the Cedar Springs Development, zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is in W. Red Rock Drive from Cedar Springs. Location of water: Water is readily available in W. Red Rock Drive from Cedar Springs and in N. Meridian Road. Issues or concerns: Staff has concerns about the 5-acre parcel (Parcel No. SO436110015) all sewering to the stub to the north. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Lemp Canal runs along the northern boundary of this site. It would take a 72-inch pipe to contain the Lemp Canal. Consistent with previous Council action in this area, staff recommends that the Council not require the applicant to the the Lemp Canal. All irrigation ditches, laterals and canals, except for the Lemp Canal, should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-8 (Medium-Density Residential) 7. Size of Property: 35.33 acres f. Subdivision Plat Information: 1. Residential Lots: 175 2. Non-residential Lots: N/A 3. Total Building Lots: 4. Common Lots: 16 5. Other Lots: N/A 6. Total Lots: 191 7. Gross Density: 175 4.95 units per acre (net 8.7 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along both Meridian Road and McMillan Road, arterial streets (iJDC 11-2A-5). The applicant is Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 4 CTI'I' OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 proposing a 25-foot wide landscape buffer along Meridian Road and a 60-foot wide landscape buffer along McMillan Road. The entire landscape buffer along McMillan Road is encumbered by an Idaho Power Company Easement. If Idaho Power does not allow trees within their easement (as proposed by the applicant) the apblicant should be reauired to widen the landscape buffer an additional 5 feet so that trees can be constructed along McMillan Road (see UDC 11-3B-SJ and UDC 11-3B-7). Staff is generally supportive of the street buffer widths proposed. Street buffers are not required on any of the internal, local streets. However, the applicant is proposing to construct 8-foot wide planter strips between the back of the curb and the face of the sidewalk on the internal streets. Staff is supportive of the proposed street section design. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.06 acres/11.5% (including street buffers) and 2.27 acres/6.4% (excluding street buffers). 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Amenities: 6.4% useable open space, tot lot, BBQ and picnic area, and micropaths to private park site. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 1 S 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) 40 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage 4,000 4,000 k. Proposed and Required Non-Residential: N/A 1. SuYnmaxy of Proposed Streets and/or Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road. All of the internal streets are local streets with a 34-foot wide street section (measured back of curb to back of curb) and contain sidewalks that are detached 8 feet from the back of curb. The applicant is proposing to construct alley loaded units on four blocks. The alleys are also proposed to be dedicated to ACHD as public alleys and contain a 16-foot wide pavement Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 5 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 section within 20 feet ofright-of--way. Staff is supportive of the proposed street system. The ACRD is requiring traffic calming devices along Red Rock Drive and Elsinore Avenue• a turn lane on McMillan Road: widening of Meridian Road abutting the site• and construction of sidewalk along both McMillan Road and Meridian Road. For a detailed report on all of ACHD's conditions, please see the ACRD report and Exhibit B. 7. COMMENTS MEETING On November 23, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 175 single- family lots on 35.33 acres for a gross density of 4.95 dwelling units/acre. As allowed by Note #2 on the face of the Future Land Use Map the applicant is requesting a step up in density and zoning designation, from low to medium. A Comprehensive Plan Map amendment is not required for the Citv to process the applicant's request for the R-8 zone for a~rop designated for Low Density Residential use. NOTE: The designation of the subject site on the Comprehensive Plan Future Land Use Map is proposed to be amended to "Medium Density Residential" with the current North Meridian Area Comprehensive Plan Amendment (NMA CPA). The NMA CPA is scheduled to be on the January 17, 2006 City Council agenda. If approved by the City Council, as recommended by the Commission, this area would not need the step up in density; it would comply with the new map designation. 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 (AChID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 6 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 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 VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Wallcing in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend an approved stub street from Cedar Spring North (Sage Spring/Red Rock Drive), and provide an additional stub to the conceptual attached phase of Cedar Springs North (Peach Springs Drive.) The applicant is also proposing a stub street, Elsinor Avenue, to the unplatted property to the south and a stub street, Havasu Falls Drive, to the unplatted property to the northeast. To further enhance connectivity in this area, staff is recommending that the Elsinore Avenue stub location be moved approximately 200 feet to the east, and that an additional stub be provided from Lava Falls Drive to the S acre parcel directly northeast. See Analysis below and Exhibit B for more details. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. 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. A six foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections to adjacent properties. Due to the anticipated construction of the middle school on the northeast corner of McMillan Road and Meridian Road, staff recommends that the detached sidewalks along McMillan Road and Meridian Road be constructed with the first phase of the development. See Analysis below for more information. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 7 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to McMillan Road and one public street access to Meridian Road are proposed. Direct lot access to McMillan Road and Meridian Road should be prohibited. 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 existing residential properties to the south, east and west and the future multi family and commercial area, which are across McMillan Road to the north, are compatible with the proposed development. 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-8 zone. Cedar Spring North Subdivision obtained an R-8 zone and Paramount Subdivision obtained R-8, R-40, L-O and C-G zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Due to the higher density phases approved directly to the west in Cedar Springs, and to the north in Paramount Subdivision, staff believes that the proposed density and zoning for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium-Density Residential: 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. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 8 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 14, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on September 29, 2005 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concems, staff recommends that the applicant be required to construct a 5-foot wide detached sidewalk along their frontage of McMillan Road and Linder Road, prior to issuance of building permits in the first phase of the development. Access to Arterials: Except for one public street access to McMillan Road and one public street access to Meridian Road, vehicular access to McMillan Road and McMillan Road should be prohibited for this site Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not ne atively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attornev. Bill Narv, at 888-4433 to initiate this process within 18 months of Citv Council approval. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 9 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along McMillan Road and Meridian Road prior to occupancy of any new dwelling units. That the applicant has voluntarily screed to construct a pedestrian uathway alone McMillan Road. from Ambercreek Wav to the McMillan Road/Meridian Road intersection. If ACRD is unable to acquire an easement or property from the 5-acre outaarcel to the east. the applicant shall construct said pedestrian pathway within the existine rieht-of-way for McMillan Road (north side of the canal) If ACRD is able to acquire an easement or additional rieht-of--way from the 5-acre outparcel, said pedestrian pathway shall be constructed on the south side of the canal. A pedestrian pathway alone McMillan Road. from Ambercreek Wav to the McMillan Road/Meridian Road intersection shall be installed prior to occupancy of any new dwelline units on this property. That one public street access will be allowed to McMillan Road and one public street access will be allowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Interconnectivity: The applicant is proposing to construct/extend five stub streets to adjacent properties. Staff is generally supportive of the proposed stub street locations, with two exceptions. First, staff recommends that the Elsinore Avenue stub be relocated approximately 200 feet to the east. This recommendation will prevent Elsinore from being such a long, straight street and also allows a direct pedestrian movement between the park site on Lot 9, Block 5 and the southern lots. The second recommendation regarding interconnectivity has to do with access to the five-acre parcel to the northeast. To limit future access points to Meridian Road, staff recommends that a stub street from Lava Falls Drive be provided north to Parcel No. SO436110015, or Lava Falls Drive be relocated to the north property line. See Exhibit B below. Sidewalks: The applicant is proposing to construct four-foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with aneight-foot wide landscape strip (parkway.) In accordance with the recently passed ACRD planter width standards and UDC 11-3A-17, the width of the landscape planter strip should be constructed as proposed and include Class II trees. See Special Consideration section above for the requirement to construct sidewalks adjacent to McMillan Road and Meridian Road and Exhibit B below. Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 10 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 Landscaping_ The landscape plan prepared by The Land Group, Inc., on 10-13-05, labeled Sheet L1.O, Ll.l and L1.2 is approved with the following modifications/notes: • Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet UDC 11- 3B-7Clb). The landscaping and sidewalks along Meridian Road and McMillan Road should be installed prior to the issuance of the first occupancy permit within this development. • All parkway trees shall be Class II trees. • Per UDC 11-3G-3A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a revised landscape plan, reflecting the changes mentioned above, with the final plat application(s). Unimproved Ri t-of--Way: Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACRD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Neither McMillan Road nor Meridian Road abutting this site, meets the warrants for the 10-foot wide gravel shoulder requirement listed above. However, the applicant is proposing 5-foot wide gravel shoulders along the arterial streets. The applicant should be required to improve McMillan Road and widen Meridian Road as required by ACRD. Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road; no direct lot accesses to the adjacent arterial roads are proposed. Except for the proposed public street accesses, access to this parcel from Meridian Road and McMillan Road is prohibited. See Exhibit B below. Allevs: The applicant is proposing alleys within four blocks of the development. The right-of--way for the proposed alleys is 20-feet wide and is proposed to be dedicated and maintained by the Ada County Highway District. Staff is supportive of the proposed alley configurations. The applicant should be required to comply with ACHD's standards for alley construction. All alleys should contain at least 16 feet of pavement within the 20-foot right-of--way and be constructed with 28-foot inside and 48-foot outside turn radii where the alleys intersect the public streets. See Exhibit B below. Fencing: The applicant is proposing to construct asix-foot tall solid fence around the perimeter of the site and four-foot tall solid fences adjacent to the internal common lots. A detailed fencing plan should be submitted upon application of the final plat. If Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 11 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro-paths: All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. Ditches, Laterals, and Canals: There are exiting irrigation ditches that run along the perimeter of this parcel. The Lemp Canal runs along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to the the Lemp Canal, as it would take a 72-inch pipe. Staff recommends that the City not require the applicant to the the Lemp Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Lemp Canal and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ-OS- O55 and PP-OS-057. with the conditions listed in Exhibit B of the Staff Report for the hearing date of Januarv 5, 2006. 11. EI~~ITS A. Drawings 1. Preliminary Plat (dated: 10-10-OS) 2. Landscape Plan (dated: 10-13-OS) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 12 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HE~ DATE OF FEBRUARY 14, 2006 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department 10. Settlers Irrigation District C. Legal Description D. Required Findings from Unified Development Code Ambercreek Subdivision AZ-OS-O55/PP-OS-057 PAGE 13 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 10-10-OS) Exhibit A -Page 1 CITY OF MERIDIAN PLAI\~G DEPARTMENT STAFF REPORT FOR THE DATE OF FEBRUARY 14, 2006 2. Landscape Plan (dated 10-13-OS) -- ~ ~t ~~ ~~~ ~, 6. ~ ~t I' -- _ ., g gr ~ ~tR ~ , l ~ ~". - 5 S~ "" q ~ .) i' ~ ~ ~ + .~ ~ E~{ ~ ~ ~ 4 f ~ ~~~ .~Na C e-= t' r ~'I ~ s- ~$t ~ ,e,~ EE"~; gg I '~ ~ : ,~~ 4,3 ai~ ,~ ~ BR ~e ~ t ~ ~ 16Y ~ (. ~~~ t ~ ~>-'~ ~, r k3 r r 6 ~,`~ Y (ra '° (V P + ~_ p ~ s~; ~ ~~ ' ~ ~ Q ';' x, ; ~ 9 r--=• X64 f ~ a8 ~_'~ ~ i ~ +E ~ . M ~ 7 ~ i ~ 'r/ ~,~ L i~ z~ 4" ~} ~ ~ 1`H 1 Ni ~tt1~ 1_ l HHH}}} `~P~ z i}i idi r~` .... ~s ~_~ -~ (O11 ~k~~~ to ~ ,,~., a rr 6 r a tl a s ~ ~ p ~ ~ , ~ ~ S ~ is ~N 1 ~,~,;~~f ~r'!t ~r ~ ~ , ~ E lt ~~ t ~ r , , i .~j ~ _ ~ I w~ '' '~_ ! _ ~ _ ~ ~ ~ ;1t~ .g g s'`~. I Gf x ... 3 ST ~ C Y } y' ~ ~ Y~q ) ~ii~rp Ee ~~1~ r ; Y .. _ +c"1 b & s 0 Exhibit A -Page 2 ~. u.. ,- .. ,, . CITY OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 14, 2006 r e a~ ~~~ t i~ a i ,.~ 6 t. A i ~~ Vil © ~ .. g~ 8 ~' ~~ i~ 1i y ~'it' i f {' ~~~ ~~ ~~ fl Pe 1~ B 9~ y©©y -{{[V Y ~2 ~ID a~}h .~11 Q{*E ~ o tl~ ~ p ~Y~~. 4P1 '__ ~~~ ~ ~py _m ~ ry ~~ 888 R I _~ r ~, Exhibit A -Page 3 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 _ -. -_ ~ ~ n a' 3 ~ ~ ~ ,'', 0 _ _-- __.-- _ g ~ .~ - - ~T . ~ ~ 2 ~pgpJ ~ 2 ' ~ tr~ b~ Ji, .-- ~ ~ 9 ~. k~P },~'y ~ - _ I - '~~ -~ ~ P i9 ? ~ ~a ~ &ae ~~# 1 r~ _ _ I ~~a~ f ~,... die ~ - ~ - -- 11_ Exhibit A -Page 4 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAT DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-057) 1.1.1 The preliminary plat labeled as PP-1, prepared by Bailey Engineering, Inc., dated October 10, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-055) application shall also be considered conditions of the Preliminary Plat (PP-OS-057). 1.1.2 Relocate the Elsinor Avenue stub street approximately 200 feet to the east (to generally align with the micro-paths leading to/from the park site.) 1.1.3 Either relocate Lava Falls Drive to the north to provide access to the five-acre parcel at the southwest corner of the intersection of McMillan and Meridian Road (Parcel No. 50436110015), OR construct a public stub street from Lava Falls Drive, that aligns with Alester Avenue, to Parcel No. SO436110015. 1.1.4 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. 1.1.5 Prior to issuance of the first occupancy permit, provide five-foot wide detached sidewalks along the entire frontage of McMillan Road and Meridian Road. 1.1.6 The landscape plan prepared by The Land Group, Inc., on 10-13-05, labeled Sheet L1.0, Ll.l and L1.2 is approved with the following modifications/notes: • Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet. The landscaping and sidewalks along Meridian Road and McMillan Road shall be installed prior to the issuance of the first occupancy permit within this development. • All parkway trees shall be Class II trees. • Per UDC 11-3G-3.A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.7 Place a note on the face of the final plat(s), stating that direct lot access to McMillan Road and Meridian Road is prohibited. Exhibit B -Page 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAII~DATE OF FEBRUARY 14, 2006 1.1.8 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 16 feet of pavement within a 20-foot right-of--way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. 1.1.9 Construct 6-foot tall solid fencing around the perimeter of the site, as proposed. Any fencing adjacent to common lots and micro-paths shall be restricted to either 4-foot tall solid, or 6-foot tall open vision (maximum). A detailed fencing plan shall be submitted upon application of the final plat(s). If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.10 All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.11 Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. 1.1.1 Z All irrigation ditches, laterals or canals, exclusive of the Lemp Canal and natural waterways, intersecting or crossing 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-057) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B -Page 2 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 1.2.6 Prelixnixlary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this development; 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 Standazd Specifications. 2.2 Extend sewer and water service to the southern portion of the 5-acre pazcel (Parcel No. 50436110015) through the access required by the Planning Department's conditions of approval. 2.3 Water service to this site is being proposed via extension of mains in N. Meridian Road, and extension of mains in Cedaz Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The City of Meridian's to and through policy will require the applicant to install water main on the frontage of this property in McMillan Road. Once the frontage main is installed, there will be a gap of approximately 290-feet between this development and the intersection of McMillan and Meridian roads without water main. The applicant shall coordinate with the Public Works Department a cooperative agreement whereby this gap in the water line is installed with this development and funded by the City of Meridian. 2.5 The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development, a plan approval letter shall be submitted prior to scheduling of a pre- construction meeting. 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. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted Exhibit B -Page 3 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAII~DATE OF FEBRUARY 14, 2006 fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,500 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. Exhibit B -Page 4 CTI'I' OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 All entrance and internal roads (including alleys) shall have a turning radius of 28' inside and 48' outside radius. 3.5 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The proposed 175-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 508 residents at build out. 3.10 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 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). 3.11 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. Police Department 4.1 The proposed plat encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Peach Springs Drive, Elsinore Avenue and Red Rock Drive. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 Please contact Bill Gresorv at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications to alleys may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. Exhibit B -Page 5 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 7. Ada County Highway District Site Specific Conditions o~ppYOVaI 7.1 Construct a 5-foot detached concrete sidewalk south of the Lemp Canal within an easement provided to the District. 7.2 Construct a westbound left turn lane on McMillan Road at the north site access intersection. 7.3 The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 7.4 Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site. 7.5 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4-foot detached concrete sidewallcs, and 8-foot planter strips, as proposed. 7.6 Provide sufficient pavement width on the two site entrance roadway intersections (Ambercreek Avenue intersecting McMillan Road, and Lava Falls Drive intersecting Meridian Road) to accommodate simultaneous left and right turn movements. 7.7 Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHI)'s Development staff. 7.8 Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Red Rock Drive and Elsinore Avenue. The applicant shall coordinate the location and design of the traffic calming devices with District Traffic Services staff. 7.9 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Stub street to the south, Alester Avenue, located 200-feet west of Meridian Road (measured centerline to centerline). Stub street to the south, Elsinore Avenue, located to generally align with the micropaths that lead to the park site in the northern part of the subdivision. (This will require a shift of approximately 240-feet to the east from where the stub street was originally proposed to be located.) Exhibit B -Page 6 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 Stub street to the west, Red Rock Drive, located approximately 160-feet north of the south property line (measured property line to centerline). This stub street shall align with and connect to Sage Spring Drive within Cedar Springs Subdivision to the west of this site. Stub street to the west, Peach Springs Drive, located 690-feet north of the south property line (measured property line to centerline). Stub street to the east, Havasu Falls Drive, located 215-feet south of McMillan Road (measured centerline to centerline). 7.10 Construct one roadway, Lava Falls Drive, to intersect Meridian Road. This road shall be shifted to the north to provide access to the 5-acre parcel at the southwest corner of the intersection of McMillan and Meridian Road, OR the applicant shall construct a stub street in alignment with Alester Avenue to the 5-acre parcel. 7.11 Construct one roadway, Amber Creek Avenue, to intersect McMillan Road approximately 355- feet west of the east property line (measured property line to centerline), as proposed. 7.12 Submit the bridge plans for the crossing of the Lemp Canal (Ambercreek Avenue) for review and approval prior to the pre-construction meeting and plat approval. 7.13 The applicant shall construct the two proposed east-west alleys and the one proposed north south alley to the following standards: • Dedicate a minimum of 16-feet for all alleys. All alleys shall be paved a minimum of 16- feet in width. • Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. • Access to an alley shall be located a minimum of 25-feet from the nearest public street. 7.14 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 7.15 Comply with all Standard Conditions of Approval. 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. Exhibit B -Page 7 CTl'Y OF MERIDIAN PL~ DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written 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. Nampa & Meridian Irrigation District 8.1 No comment; outside of NMID's district. 9. Central District Health Department 9.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. 10. Nampa & Meridian Irrigation District 10.1 All imgation/drainage facilities along with their easements must be protected and continue to Exhibit B -Page 8 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 14, 2006 function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank. 2) The Coleman Lateral that requires a tota130' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements. Contact SID for additional requirements. 10.2 A Land Use Change Application must be on file prior to any approvals. 10.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 10.4 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. 10.5 All storm drainage must be retained on-site. 10.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the can ent delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B -Page 9 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 C. Legal Description Leg~1 DescrFption Jarnet Property A parcel looted in the NE +/a of ~® NE y4 of Sec6©n 36, Township 4 North, Range t West, Boise Meridian, Ada County, Naha, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said Section 36, from which a 5f8 inch diameter iron pin marking the northwest corner of said NE Yq of the NE '/o bears N 89`54' 16° W a distance of 1340.89 feet; Thence N 89°54'16" W abng the northerly boundary of said Nt: +0a of the NE +/a a distance of 290.Q0 feet to a 5/8 inch diameter Iron pin and the POINT OF BEGINNING; Thence leaving said nrortherly boundary S 0°02'52° W a distance of 834.83 feet to a 5/8 inch diamet®r iron pin; Thence S 894'16" E a distance of 290.00 feet to a 5113 inch diameter iron pin ort the eas#eriy boundary of said NE +/o of the NE +/,; Thence along said easterly boundary S 0°02'52" W a distance of 495.36 feet to a 518 Inch diameter iron pin meriting the southeast comer of said NE +! of the NE +/,; Thence N 89°45'18" W along the southerly tmundary of said NE +/a at the NE'/a a distance of 1340.60 feet to a 5f8 inch diameter iron pin marking the southwest comer of said NE +/a of ti78 NE +/a; Them N 0~2'OB" E along the westerly tmundary of said NE %4 of the NE'/a a distance of 1326.70 feet to a 5B inch diameter iron pin marking the northwest corner of sold NE '/., of the NE'/a; Tt~nce S 894'16" E along the northerly boundary of said NE'/a of the NE +/a a distance of 101.89 feelto the POINT O>= ®EG(NNING. Thls parcel contains 35.33 acres and Gs sutaject to any easements existing or in use. Clinton W. fiansen, PLS Sofuiiarts, PC Rdarised -September 29, 2005 ty ~--~ , ~T t ?:, 2~~~s t~o ~r~r.~ ~ 9t~fa9tta~ rr~smas~r.remmu~ James P+~+Y !ob ~ US-(i2 Exhibit C -Page 1 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 `_l._.L_::~~t_ ~.. ~. - - ~;~---d . --.~-_ •g ~~llil!I~a~'?Ia~. ~ ` ~' '~'~ ~..,a.,..,. ~°i8~~~a~~~ E °3R° v a~~ ~~ ~, ~ __~ .~ a ~ ~,;~._` _ ~_ Exhibit C -Page Z i _.__ .~ .~ CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 14, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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-8. Council finds 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fmds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds 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 maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (i7DC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 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: Exhibit D -Page 1 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 14, 2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. Council generally supports the proposed plat layout and proposed density 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; Council fords that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 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 cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council fords that supporting services are available to support 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 finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and 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. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D -Page 2 February 24, 2006 AZ 05-040 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Primeland Development, LLP ITEM NO. 6-E REQUEST Development Agreement -Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision -southwest and northwest comers of North Ten Mile Road and McMillan 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: COMMENTS See attached Development Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. ADR COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 9~ BOISE IDAHO 03/07146 09:44 AM ! I I r fi i + RECORaED~IR QUEST OF III IIl~III1l~I~Il~~~tlllNI~IIIlII lli CIly of Meridian i ~6~~4786 DEVELOPMENT AGREEMENT PARTJES: 1. City of Meridian 2. Mary Floyd and B.L. & Shirley Bews, Bews Family Limited Trust, Owners 3. Primeland Development, LLP, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"}, is made and entered into this day of~~`!~x `~, 2Q06, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY', and Mary Floyd and E.L. & Shirley Bews, Bews Family Limited Trust, hereinafter called "OWNERS" and Primeland Development, LLP, hereinafter called "DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised ifis statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developer" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of R-4 {Medium Low Density Residential District), C-G (General Retail and Service Commercial District), and L-O {Limited Office District}, (Municipal Code of the City of Meridian}; and 1.5 WHEREAS, "Owners" and/or "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-040) VOLTERRA SUBDIVISION 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9~' day of November, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"}; and 1.8 WHEREAS, the Findings requree the "Owners" and/or "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and l.9 "OWNERS" and/ar "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owners" and/or "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 $2, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ OS-040} VOLTERRA SUBDIVISION 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Mary Floyd and E.L. & Shirley Bews, Bews Family Limited Trust, whose address is 5204 Sorrento Circle, Boise, Idaho 83704, the parties who own the said "Property" and shall include any subsequent owner(s) of the "Property". 3.3 "DEVELOPER": means and refers to Primeland Development, LLP, whose address is 660 E. Franklin Road, Suite 110, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned R-4 (Medium Low Density Residential}, C-G (General Retail and Service Commercial District}, and L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C, G & K) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application slaall be submitted to the City of Meridian prior to a futrrre development in the R-4, GG and L-Q zone, and the pertinent provisions of tle City of Meridian Camprelrensive Plan are applicable to this AZ OS 440 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and/or "Developer" have submitted to "City" an application for conditional use permit site plan dated June 27, 2005, and shall be required to obtain the "City"' approval thereof, in DEVELQPMENT AGREEMENT (AZ US-040} VOLTERRA SUBDIVISIQN accordance to the City's Zoning and Development Ordinance criteria, therein provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the fallowing special conditions: 1. That prior to approval of the 350' residential lot, (including Volterra and Volterra South}, the 10.2 acre pazk (James Park} shall be constructed. 2. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), and the tot lot. 3. That prior to approval of the 550' residential lot {including Volterra and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 4. That the park shall include the proposed plaza area and playground equipment. 5. That all buildings within the L-Q and C-G zones contain architectural features anal bulk building concepts that are similar to the residential buildings, as determined by the Commission at each CUP public hearing. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 6?-6509, or any subsequent amendments orrecodifications thereof. $. CONSENT TO DE-ANNEXATION AND REVERSAL QF ZONING DESIGNATION: "Owner" and/or "Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and/or "Developer" and if the "Owners" and/or "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (AZ U5~}40) VOLTERRA SUBDIVISION 9. INSPECTION: "Owners" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and/or "Developer", "Owners" and/or "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 1 Q.2 A waiver by "City" of any default by "Owners" and/or "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreerent or this Agreement, including all of the Exhibits, at "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in cannection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13 . REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "Developer", or by any successor or successors iun title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ OS-Q40) VOLTERRA SUBDIVISION PAGE S OF 12 13.1 In the event of a matexial breach of this Agreement, the parties agree that "City" and "Owners" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended far such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owners" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without Iimitation, acts of civil disobedience, strikes or sirniIar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bands, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owners" and/or "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE B'Y ALI, CITY ORDINANCES: That "Owners" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPM$NT AGREEMENT (AZ fly-040} VOLTERRA SUBDIVISION PAGE 6 OF 12 17. NUTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY; c% City Engineer City of Meridian 33 E, Idaho Ave. Meridian, ID 83642 OWNERS: Mary Floyd and B.L. & Shirley Bews Bews Family Limited Trust 5204 Sorrento Circle Boise, Idaho 83704 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Primeland Development, LLP 660 E. Franklin Road, Suite 110 Meridian, Idaho 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent Jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIN.[E XS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly 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 DEVELOPMENT AGREEMENT {AZ OS-04U) VOLTERRA SUBDIVISION constitute a breach of and a default under this Agreement by the other party so failing to perform. 2U. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" and/or "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", yr portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of"Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developer" has fully performed its obligations under this Agreement. 2I. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent j urisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" andlor "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "(}wners" and/or "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adapted ordinance or resolution of "City". 22.1 No condition governing theusesand/or conditions governing re-,zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing{s} in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adapt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (A2 OS-U40) VOLTERRA SUBDIVISION ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPERr Primeland Development, LLP ~,~,.q~~:..e, nwiv~~~. CITY OR MERIDIAN BY. '~ MAYOR T Y de WEERD Attest: ~.,,~ ~'`~ f of ~ ~B'd~-Gc.( 2-Z,~-Dv ~"~;k ~f~ V'e J ~ f~fr/ ~ ~ WILLIAM G. BERG, JR. CI ~L ~''"~ `""'°" ~,. r v .~ ~. s ,r~f~'~f',' E~`~'~O~1s~1~~, DEVELOPMENT AGREEMENT (AZ OS-040) VOLTERRA SUBDIVISION Shirley Be STATE OF IDAHO, ) 5S: County of Ada, ) ~r~ On this ~ ~ day of ~~~~~ 2006, before me, the undersigned, a Notary Public in and far said State, personally appe Mary Floyd, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. k4''~,~ 's~' 7L . P'6 s' :'.~ ~ ~~ ~ ~L `u ' ~~t 4 W n .._ r (SEAL) ., ~' ~d ~'~~ ~ G~ '~ a p ~ ~`" '~ ~:r No Public for Idaho ~ a f: a :` q ~Q ~J~ ~.;~` ~° ~ Re iding at; • ~~p®e~~' ~~~a+QO~~~~c~'~~t~y"~mm~~ My Commission pires: 'LG B~ STATE OF IDAHO } S5: County of Ada, ) ~"/ On this ~ ~ day of 2006, before me, a undersigned, a Notary Public in and for said State, personally appe d _ ~v~.n G $~: ~ rr~',~r,_~- known oridentified to me to be the !M-ah.~ i~ ,c of PrimeIand Development, LLC, who executed the instrument on behal of aid Corporation, and acknowledged to me that they executed the same. official seal the (SEAL) WHEREOF, I have hereunto set my hand and aff xed my ~~liis certificate first above written. ~' `G~ Notary Public forfidah~ Residing at: ~~ My Commission Expires: L-G ~j ~. DEVELOPMENT AGREEMENT (AZ OS-040) VOLTERRA SUBDIVISION STATE OF IDAHO } . ss: County of Ada, ) ~~ On this ~ ~ day of (lhir 204&, before me, the undersigned, a Notary Public in and for said State, personally appe ed E.L. Bews, known or identified to meta be the person who executed the instrument, an acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thy- day and year in this certificate first above written. ~~,~'4, ®~,~®m° s~ ~ R~~ ~' d ~® ~~ @ W ~ 0 °e ~ °' ~ 0~,~~ ~ ~ ~ ~ {SEAL} ~~~. ~ ` ~~ ~~ Not ry Public for ~~AA ~~ ~ ' ~ ~ Residing at: 0 ~ I V Y +'«,'~q °®®®,,.,~,°o` ~,4,`~° My Commission ] STATE OF IDAHO ~~'Q'°~•°"'°a°e . ss: County of Ada, ) ,~~ On this ~ ~ day of ~w~~' 2006, before me, the undersigned, a Notary Public in and for said State, personally app d Shirley Bews, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed fine same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®e~a~~g~@sRa~9~A®~~ (SEAL} ~.,*'°~'~.~~~ ®~~~,,~~®~® ~ ~ ~ ~ ~~ ~~ Y 0 ~®~ ~ 0 ~ ® y I'dI~ I.~C' ~° m ~ ~~® e~ s °~®o L~ OFr ~~ e`. ~Pj®+.a.aoa~•oee ~~ N ary Public foraho Residing at: My Commission Expi es: Z ~ DEVELOPMENT AGREEMENT (AZ OS-040} VOLTERRA SUBDIVISION STATE OF IDAHO } ss County of Ada } On this c~ ~~` day of ~ Q~ 2006, before me, a Notary Public, personally appeared Tammy de Weerd and Willi G. Berg, Jr., know or identif ed to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. `~aewa~~4p~ • ~ . ~ `® . o ® t e *'i.~ ~' s • ~ e4~: pss~ Notary Public for Idaho Residing at: ~1 1 l 1P 1 .1, 11~ Commission expires: _IC1-k 1--! I ~~ DEVELQPMENT AGREEMENT {AZ OS-040} VOI.TER.RA SUBDIVISION ~~~`1~rbi +-'A ' CITY OF MERIDIAN PLANNING DFsPAR'CMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2pp5 C. Legal Description • ,,T-. . 3 v _ t. . ,f. ~• `, ~' ~ ;June217 2005 . VOLTERRA,SiJBal1/ISION . A parce!'af'tand locsitod in the , : 27, T: 4N., R. 1 W,. B.M. N l cIf the NE /. of S~tt+cNl 34;ahd the S'f~ cif Section . _ ~? Ctiuntye ldaha, more t~r6cularl i! - ,.~m.+nendrT~at the oo Y. escll~d as follows; ••~34;'hrim..wl~Icti the °1~ ~ mar comrrlori to Sect;al`1s, 26; 35, a-td`!he id•, . • •~ West ~ Z rl18r common :to Bald Sactiolls 27 a ~ $e~tls 2? 8 . 65.57 fast, s8id point.tx31r1~ the REAL: ~POlN't' 4F EGtNNING Norfh 98°55'x5" 'Ttiartce along the east tlltd of the.NE! of said.S ~t37.~:5$ fesfta the southeast comer of'tile N'l::. ... ecttar134.South 0t}'S3'19" Westi, Af said Nl; /,~ Thertca along the.soeltli lttlsaf Bald N.•,'/a e-f'the Nf*'J, North ti9°05•'68" We~st~ 2659.118 feet lathe southeeas# cflnlerof e3atd N l:~f:the••I~E +/; 7'he~Itce along Ills west tine af'sh1d N'1s;oftha NE ~ ' ° f+e~t t~,the•+1a, comer ceamlrf4h b aa~ Sectlotls~ 34 and 27 ~ North p0 44.17 t?.ast,13 :. ?$:35. • 17iarlce along the west tine of th®. SE'!. of ssld•S 844.81 fse#•toth~ .sdlithsast corner of Lot 7. Btpck 2 ~f ~ Cat Egfietes~°?g'09` East, as sarn~ Is "recor+dt,~ tri t~ofc 32•of plats at P.Bge i t~45 . No. 2 ~,ul~d_lyislori, • ,.records •ofAd~r.CduntY, Idaho; ~~ • Thetlce afom~ ~he•eest Itne of'sald nort~east corner of sad Black Cat Estates Na. 2' Subdtvisian?° E~''~BOOD.feet tea, the' ' Thence along the•narth tine of sad t3tack het Jr$hat~as Np ~ Slibiii'vistari, N 88"t7'29.'•West,126'f'.9'f•feet; o~ .Tli~ce North 12°47'25' West,'2US.21 feet; ' ~: ~: `Thence North 88°itY44° west 89Ii.71 feet; sr Aar~o ,l3' Ttlei>r~e,l~l6rth 60'.81'04".. "~----Y-~,..~~-••~~•J W.eet,139.06 Feat- ,~~i. ~ t, ~, Thgnc+~,Narth 34°•20'413" West, 89:64 feat;. :`.: Thence North 19.36'Ot`-Wegf' 111.55 feet: 27;: .. • Thence North 139°344' West, Z91.9Z feet to a paint ore the West line atsald Secttrtn Zltsru~ ~attg sold tine North 00°31'40" East, 877.06 feet tq ftii3.:West 114 corner of said Section 27; • • Thence $~IanCetiliry~Q ~ estmfdser,#ionlinetifsaid Sa~n~27•Sfluth 8~79'43"East, 2[t`49.84 fA$#•tQ a ti. • ~i Seclron ~~,~ " ~easoZr40QB2-pre.dea,dod Exhibit C -Page 1 CITX OF MfiRIDIAN PLANNING DEPARTMENT S'tAFF Rfii'ORT FOR THE HEARING DATE OF NOVEMBER 4, 2005 ' ~ ....r ~ -•- • ,,~: . ..Thence South 89°29' :• .' .~t3°.East. 26~0,99.feetto the East 114 • . . Tftence SoutK'00°2i'48" We's g cernvr of said'Seclifln ~7; ~ontalnliag 312,gr acres ~ 1344.37 feet to tfte ,more orle~s-. ~lNT ofi BEGlMN1NG, . •~ ~•4 .. .~ ,: • '. .~: .•~. :.%' '. k'.`: ~ ~? .~ '.3. , :y . •~~ . ~~'~ '•.~' .. ~h+. 4r~1{12f -iI~(~.Pn4des dDC• Exhibit C -Page 2 CITY OF MERIDIAN PLANNING DEPARTNi}?idT STAFF REPORT FOIi THE HEARING DATE OF NOv.EMRBR 9, 2U05 riuZ-:{tg ~Or15 io~5or1M,,.,,Ch~inQaPirtg. #t+~Iutis:cns .. . • `•~-r: F[iOPOSED 1.*t3.T.dNE vaRrFaRA-sudwa-rslon! ....• KGB e3e O84•S .. ~ p. .luite.2~f, 2005 P$n:et~s•of-tend loc~atod In tip N~'/ otth~ NE'Y ct'SecNoa ~4 snd'the S~'/, ofthe SE 'hxllrnivs; •~n 27; 7': ;4N...R.1 W'., B.M., Ada Caurrty, Ideho~ tr~ra p~rttcularty ~escrihed as PAltCSll, A • A Paenal~of tend IoGated to a tttE % t~f thp'NE l ofsedd Se.L`tiott 34, mot+a parpewlarly :describ+td.es•folbws: CoTnrtfenctrtg at•the comercommon t{l~Sacttone•26 35, 2854.57 ~ ~ ~d fhe.eald 3ectiWis Y7 &.3~ . frar~n which the'',/., comer cvrr~on to aatd St~tionrr 2T end 34•bearg°North $8'SS'S5"West feat,.thence.dlo ffie ~~ llna of satd'Sectton 94 South.aC°53 'k8" Woat, 820.35 tell ~•t~'to R,~A! P~ttt1IT OR ~GUNNIN®; 7hortce,eotYttnutri8~eton8.setld east 2ri® Sites p0'~'i 9' 1Mest; 385.23 f~st'bo the south~t canter b f the N~, l of the NE 9.~ of said: S~Hon 34; !e Thanca'at~tg'#te eoufh tined aaW ht~;% tfftite NE'J fVorat 89°05'S8' Weastd82.S6' ~ 'i7tence,lyort~i Od" -~'Q~" ao;3;~e f~~t m a ~~ an a.ourve; . 'Thenc® 90.48 feetatang ttis, arc ot'n;r<ort~tan radlua of 5~SQ0 feat s date nh9~~of 10°~pg ; ~ 1 aurVeS.to Uter I+~ft:-said: curve having s East, tIO.~ feet to a point of tan~rrcy; , `~ a bng'c.ltorc! be~r~g Sou1~t 8~ •x'42" ••-~ •Thenee:S~,uth t39"08'Q5" fast, 3$2:73 fest'~1ha AOit1t7' O~•B4GWNING,.Corrtelntn 4,3EI:.~ores,•tcp~ or IAes. 9 PARClAL'B ; dascrl(~ ~~ d ~~ted ~ t!-e 9E''Js'oftF~g ~~'/+ oFae~ld ri 2T, mare iaertioulariy from yyh encing at•the comet common ta• Sect~ns 28 i~h:tlte•'r• homer otiriimbn ~~aeid Seatone 2T srtd• 36`.arnd~flt®•saTd :8ecttb~s 27 $ 34, •z8b4:57' Dint: •ttis~nc6~tang the mouth lIns of setd 8 ~ bears North ~8 S6'65• West, feet ~`.tFi't~'Rl~At. PCiA1Ir OF 9L~ti1Nl~lt~lt~; et~llon 27 Noah 68. $~:5~ west, Bs i.32 ~•a°"8r'~"8 slon8 said south llne No ° • rth ti8.55 6&:'~Wsst, 824.99 feet; 7hentae.~lorlh:Q1°05'10" EaeC, 841.20 t'eet; fe- ~ Q;~dy?tdQgO~dpdo~.aoc Exhibit C--Page 3 CITY Ox MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 4, 2U05 '~"6:Ofi ~©05 YOiSaflM.,. En~in~erin~ 5olvtlans -.... .. .. ... ... .•,. •^. ZQ,B ,93@ -034]. N .L . • ~ Thence t~otth ~°.47'17" Test; 83.28:feet; . Thence'Norttt 62 66'21"•~ast; 4B8:T2 teat; Thence North 63°t71'9$' EaBI, 8~ 80 feet: _~ . 7'Fiel~ce North 7v°#8'10" t=aet,•5d:86 fem. Thence Nortf! 8,~°23'gg'; ~aet` b2.g0 few Theitcs South 89.8'12' Eft, BI18.4Tie$t to a point can the eae# lfne• of.the~ St= sold •~. 2?; 1. of Thenoe along said sasttlns Saui~;q{i°2t'g8° WQSt,'~51.4~ feet; Thence North $@'38'12' Weft, 48514,:fest to a point of cunra~turs; 'rl>et}ce 6?.3.4p'~tsst atogg the arc of a cunre to the ~$, ~it10.0U ~:8 delta engl4 of $9°#7'4+t". and a tort rhortt bsa 88td curve having ai r~adtus of west, 58a;2tj t4et10 {a-paln! Of tan~itby; +~ South 4ti ~42'Ss ~' ' Ther1c+9 South t} 1 °O+F'44" ItVestr ~®8.73 'feet tc the POINT QF AG~b~NNitIIG, ~ ~ort{atni ' ;14.89 9. more or Ises. . ~ ;,. 40d1i~4ppA2aC.~;'den.doe• E~shibit C--Page 4 CiT'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FoR THE HEARING DATE QF NaVEMBER 9, 2flfl5 (tieG 05' EIIQ$ 1Da•SOflh•_. ~ng'fr+eerLhg sbiution~ ..M. ,~*p~ 899 .•.. ... . +y ~~ ~`_ 139,41 ~°. ~ Jtt11e 21; 2QQ5 ~~ }~'~~ PROROSEQ R.¢Z{?NE • . , . VLyLTERRA SU8D1tf1SIt7N . A-parcel of iarid Ipuated•!ti the N'f: of the NE'/• of SectFon 3~ and the 5 ~ ~•7, `T. 4N.,: R. 'I1N.,;B.M.; Ada. County, (dahq, mor® Partlcularfy dpscrtbed as .~Nbws: .~ of S.ediarf •t`o-'t~menatne Iat the'crsner.Ix~mrranntc~SecHont:2B, 36, arlr7 34, frarri whlGft the'I~ cx~mer rzsrrtnion to ~fd.st3~tt~,na 27 ~Ixi 34 ~ 1iU3.aatd,.Sec~lans ~7 ~ bears•t~artta 88 5855' West, 2@54:67 fe®t, tttentp afcng• th4 stiutli fine-~'saFd Seclfan 27 North 88.55'135' West,• 891 ,32 ftiet ~ the Ri;AL: POFNT OF ~BCsFNNtMG; . 7tisrtca South pi °1}4'p4r WBtit, 42h~S1. fsettD s• point of cul~tature; ~enS:®•f38t3.4t1 feet akms thg.aro of a curare to ihedeft; aaFd curve havlrl~ a radius of Spa.A4 tdet, a.detta:dn9ld ofTB°4g'a!°. end a tonp;ct~~ 6eat#ttp Sputa 313°tt8'S~",8ast, Ci41,g8'faet Ep`a per; ' 7hersce South Qp°62'1)9" 1Nsst 4113:38 feet to a: paint nn the south line of the N ,4 oE' the, NE'1. t3f tratd .Sectbn 3d; '` •:7'F~nce eCodg~seid south lirte tVa $eld N ~ Of t#Ie NE ~; tif~ 89•f!8'St3' West. 2i BS:SQ'6eat tIS tf~a so,utheeat• comer'oE Thsnrq.+atong tf>e•w®et'Ilne ofsaid N % aftha•Ntw'/+'Nartty pp^+~4''f7'~',1322.35 .teet'bo fhb.%,-aam®r oommort'to ~~i Seglons 34 and ~7; .. Th~nde slon®the wept IFne•pf that S l3~44.8'! feet t6 the soutltaaet >:.~ vt saki Ss~cflon.271Vifr't!i•At3.29`tt~' Fist; es~ealrre ts~tecorded in Savk ~ oaf •(~~ tTp ~F~~:2•af Sfeck Cat Eatote•fNo. ~ SldxlivFsfori; :..;.t, ap ®ds. nacotds oflSda Courtly, fdaho; Thbnce elon~ the e+aet Itne ol'eatd Lot 7 fYarth, t1p'2Q'12° t'sagt, t3$O.iNi feet•to~the narth'ea'st cQrrlsr•.af ®akt 191ack Cat Estates ~Io: 2 Subclh9stan; •.. y 89°17"28 w ak-ng ihv Werth Itne of rlald Brack Caf i_statgs Na. 2'SuhdWFsien, hlorth . . est;1281.81 fQet; . . • ~ThQnce••North 12`47'25'1f'~@8t; 2Qt3.2t teat; :rm~' 'Tt~noo North 88°it)'Ad' West, 896.71 feet; . • Theril~ North 50°51'ty4' West; 89,•0.11 ~~ • xhen.4s North 34°20'4B`• bleat, 79.84• feel; . • ~ttence North 18•.3t3'01?•We8k '1.77.55 fast;. a~~traaioX~x¢:doaaor Exhibit C -Page 5 CITY ©F MERIDIAN PLANNIIJG AEPARTMBNT STAFF REPORT FOR Tt~ HEARING DAT.L OF IJ4VHIuiBER 9, 2005 ~~G t1S,:.,2b'pg IQESQflM E:.ngsn@ering Soluti•cnx .~i: ~_ 2q$ 9~8 Q841 • r ~ p.4 said $9ctidn 27; • Theme t~ardt 88°3+x'24" Wgsf, 291.92•fiseFlo a Palnt do the avast ifne`oftha S•~ ' '~>'• .,. Hof "Chance along eaW wesf•lJne iVorth 00°3~'+t{~ East, 8.7fi.0.t3 i~st.ta•the northwest of~atli 8' Y nt Secfton 27; ocsrngr 2848.5.4 foet~toaiQne t1.te north'bot~nclarY ofsald'S ,~, of , , the Cett[~ / comer of said Se SectJon:2t S6utlt 88°1t~'•iS° ~asL ctlon 27; . Thence ar,~fnuing said north boundary South gp'38° Eaat, 2660,98 feet to the ltorthe~ comer of.aaitt S ~ o! SeGtlori fir;'' . Thenctq along the eeat llne of said.S ~+ feet; ' > ~ ~iSectlori 27:6t~th Oa°'~f'4g« Vafest, ~3t3r t31 'The nce.iVatth 89°3t3'7,~° vy~ dtt9.47 feat; Tttetw~ South 132°23'09" West, b2.17q ~ .•t• Thenon South :7.8°•1$'.7.0 tiNest;'gq 8B 7hanre South $3°01'18" Wssk 62.8f1 feat; '7Fience South 52°85~ W~ 466.72f~ Theme•Sautl144°47`77`•Wast,.83.2~ feet; ' 'i~etice,South.09°t?b'10" yyBgt, 84,1,20 fest•ht a iraint an the.eouth said Sectfoh 27; ' ' ' 1iRe ~ the 3 %, of g~C41NtYpyp, a~~ sera south ilne South 89.°66'6S' C~4ntafnln8 268.21 acres. n7olQ or leas. ~• 524.98 feet to fhe PCIN'C OF ' 1 4• •• Exhibit C -Page 6 CITY OF M)<RIDIAN PLANNING DEPAR~'MENT STAFF REPORT FOR THE HEARING DATE OP NOVEMBER 9, 2005 ;'~us'.4stxaas lE~a.60F1M,,,,Eh' i .... ._... ._... ~G n~ar~nC ~S~luti:~ahs ...,.2Q8 938 D941 y~; p.5 i' . ..:.: ~ ; P~vpost_a cca~~oN~ . , vot.rt;Rn~ su~clvtstat~t ..:. ~ AHfcei:pFtsnd.ttocateid in the,NE''!. afthe I~fE r'pP-Se~lion 34:attd fire SE'J. of the' S+E '/. pf.4SocTiRrt x~, Y. 4N„ R. •1W,, B,M:, Ada•Caunty~ Idttitp, more perU[xatar(y described as fbtlows: • :. ~lrilneridng at the cmmertxtmman to S.ectrona ~S 3.6~ 34, from which itte LL darner common to.satd'Sadlvits27 and s4 para. or~ih8~8~5s 55?'~ West„ 2664.~Tf~ef;•said point being {he REAL FQJNT fiiF 9EQINAtWG; 7hettce alrHts the east tine Qf the NE % of eeid Sagan 94 South OLi°S3'19~' West, ~~0 35 feet; . Thence North Sit°06'08• West; 38?:73 feet tq 8 point of eurvaturq; - °Thartce:786:88•festai0ng•the arc ofa curve 1a'tltO 8Ut)Atl'feet a dett~ arigier of 90°7Cf'it}•: artd.a I d9ht% satd curve hevinS a racttus of 7ti8,16•feetla a tmtnt of tangency; °n9 cho`rd bearing Nor#tt 44 Oi'4t West, Ttten~e Nvrtjr d1 °a4'{I4`•East, !21,51 fast Eo a paint err ttir3-ttorlh itne of s®Id. ~E ~ of Ssctton 34; Thence cantlnellnS lltorth 01.04'04' Epsk, 488.73:fet~t tc a point of cx~rvaiure; Thence 823A0 test alonO the era irF g•,curua to the X0.00 fcst, a delta anpte of 89°77'd!L" -4n_d.a ~~ card anroe having a r~dtua~df .3~s2:2D tppsi fo.a paint of tangency; ~ • .. '~ °h°'+~ txeartng North 45d42'S6' East = . Thence South card ,Settlan~T; 8$'38'12` East. 485,14 fast m a.palnt art fhe tirro aF•the SE %.af Th®nr~ slang ssict eas! tins-South 00.21'48" West, 645.T4 feet_to iha path. 9F 81riGINNIN[~, Gnr~inln83S:11i , more or.Tess. - . •;~?..: dU4Q2i404pZ•(,G,dep,d°C, s•~,z~ .,e ~. Exhibit G--Page 7 CITY' OF MERIDIAN' FINDINGS GF FACT, CON'CLI.I"SItJNS []F I.A'W AND DECISION 8i GIRDER RECEIVED ~DE~ ~ 2 2~5 ~. Ci ~~~~~ ;h 117AFIC~ ~~ . #3~ ~ the Matter of Annexation and Zoning of 31.2,6? Acres to C G {35,X9 Acres), L-O {19.27 Acres), and R-4 (25$.21 Acres) AND Conditional Use Permit Approval for aMixed-Use Planned Development Including Commercial, O~~ee and Residential Uses and Amenities Including Tot Lot Flay Areas, Pathways, and Useable Open Space AND Preli~ninar~, plat Approval far 613 Lots Including 544 Detached Slagle-Family Lots, 9 Cam~mercial Lots, 11 Office Lats and 51 Common Lots on 232.32 acres AND Preliminary plat Approval f©x 227 Lats Including 134 Detached Single-Fancily Lots, S4 Attached Single-Fantily Lots,13 Commercial Lots, 4 Offitce Lots and 21 Common Lots on 80.36 A~~~ far Volterra Subdivision and Volterra Subdiivision South, by Primeland Development. Case No(s). AZ-05_040, CUP OS-041, FP 05-039 and PP-OS-040 For the City Council Hearing Date of: November 9, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date ofNovember 9, 2005 incorporated by reference} 2. Process Facts {see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code {see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) B. Conclusions of Law 1 _ The City of Meridian. shall exercise the ptlyyers 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 i 1 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINpINGS ©F FACT, GCENCLUSIONS LtF LAW AND DECISION & ORAER CASE NO(S). AZ-OS-oAO, CUP-p5_p41, pp.05-034, PP-05-040 . PAGE 1 of 5 Comprehensive Plan of the City ofMeridian, 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 § I 1-SA, 4. Due consideration has been given to the comment(s) received firoan the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. Tt is found public facilities and services required by the proposed develapme~at will not impose expense upon the public if the attached. conditions of approval are imposed, &. 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 Vt~orks Department and any affected Part3'requesting notice. 7. That #his approval is subject to the Legal Description, Site Plan, Volterra Preliminary Plat, Volterra South Preliminary Plat, and the Conditions of Approval alI iuz the attached Staff Report for the hearing date of November 9, 2005 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. becision and order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 Ju]y 21, 2UQ5 is hereby conditionally approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 13, 2005 is hereby conditionally approved; 3. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 27, 2005 is hereby conditionally approved; and, 4. The following modifications to site specific conditions were made at the City Council hearing: _ a. Conditions ] .1.9 and I.I.8.B in Exhibit B of the Staff Report were modified to allow 4-foot solid fencing, with 2-feet of lattice on top, to be constructed adjacent to internal common lots aad micro paths. b. Condition 1.1.38 in Exhibit B of the Staff Report was modified to require a pedestrian connection, not a vehicular connection, into this site from Upriver brive in Drawbridge Subdivisxoz~, CITY OF 1V~RiDIAN FINDIN'Ci5 OF FACT, CflNCI.USIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-U40, CuP-OS-04j, PP-OS-439, PP-0S-04U -PAGE 2 of 5 c. Added Condition 1.l .13B to Exhibit B of the Statl'Report which requires the applicant to provide a stub street to the S-acre parcel {parcel #50434 42354) from Lesina l7rive. d. Condition 1.3.3, in Exhibit B of the Staff Report regarding open space, shall be modified from the original proposal of 26-acres to reflect the new calculations that the applicant provided at the healing; 24 4 a~,~ {13.9 acres for Volterra North and 10.5 acres for Volterra South.) e. Added Condition 1.,3.5 to Exhibit B of the Staff Report vvhicla requires the applicant to provide grass and other 1at~dscaping within the 'White Drain easement, as allowed by Settlers' Irrigation District through a license agreement. 5. The site specific and standard conditions of approval are as shown in the attached Staff .Report far the hearing date of lvovember 9, 2005 incorporated by reference. D. Notice ofApplicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maxunum period of eighteen (1 $} months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction ofpermanent footings or structures an or in the ground For conditions use germits that also recluixe platting, the final plat must be recorded within this eighteen (1 S) month period. For pro,~ects with iultiple phases, the eighteen (18}month deadline shall apply to the fitrst phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1}year from the original date of approval. If the successive phases are not submitted within the one (1}year interval, the conditional approval of the failure phases shall be nu11 and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director tray authorize a single extension ofthe time to commence the use not to exceed one {I) eighteen (l $) month period. Additional time extensions up to eighteen (1 S) months as determined and approved by the Comunission may be granted. With all extensions, the Director or Commission ma~+ require the conditional use comply with the current provisions of Meridian City+ Code Title 11. 2. Notice of Twelve (12) Month Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall became nu11 and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year o£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' C1TY Ok' MERIDIAN FTNDlNGS dl FAC?, CQNCLUS[pNS Ofi LAW AND D~CISIflN & ORDER CA5E NO{S). AZ-05-040, GOP-OS-041, PP-OS-039, PF-OS-04Q _ PAGE 3 of 5 submitted withux successive intervals ofeighteen (18) mantles, maybe considered for final approval without resubmission for preliminary plat approval. Upon wl.~itten request and filed by the applicant prior to the tenninatian of the period in accord with l 1 _~~_ 7.A, the Director may authorize a single extension of time to record the fiinal plat not to exceed eighteen (18) months. Additional time extensions up to eighteen {l8) nnonl~hs as determined and approved by the City Council may be granted, V~l'ith all extensions, the Director ar City Council nnay 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. ~, Notice of Final Action and Right to Regulatory Takings Analysis i . The Applicant is hereby uatified that pursuant to Idaho Code G7-8003, a denial of a plat or conditional use permit e~ztitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not mare than twenty-eight (28) days after the final decision concerning the matter at issue. A request. for a regulatory takings analysis will tall the time period within which a Petition for Judicial Review maybe filed. 2. Prease take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has a>a interest in real property which maybe adversely affected by the issuance ar denial of the conditional use peranit approval nlay within iyventy_eight (28) days after the date of this decision and order seek a judicial review as provided, by Chapter 52, Title 67, Idaho Cade. F. Attached: Staff lZeport for the hearing date of November 9, 2005 CITY OF MERIDIAN FiNbINGS OF FACT, CONGLUSIQNS 0~' LAW AND DECTSI4N & 01~ri~k CASE h0{S}. AZ-05.040, CUf'-05-041, PP-OS-039, PP..OS-040 -PAGE 4 of 3 B action of the City Council at its regular meeting held on the ~"~ da of ~~' , 2005. y COUNCIL MEMBER SI~AUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCII. MEMBER CHARLIE ROUNTREE COUNCIL MEMBER. KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER} ~LtteSt: G. Berg, Jr., City Copy ssrt~ed upon Applicant, Attorney, VOTE17_U,q p, , VO'TED_~~, . VOTED_l y~ VQTED VpTED r~.- iviayor 1~a~m d eerd 'E ~ ,r f - ,,~.. .,. J F ~', i 'pr ~.. rn• . +'' The Plaxuiin~+I~~~~ ~~li~~ia Works D artment and Ci r lrlrric••lt~~ ~ ty By' Dated _~-a ty Clerk's Office ~ •- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOBS}. AZ-0S-040, CUP-05-44I, PP-05-039, PP-03044 -PAGE 5 of S CITl~ GF MERtDfAAT PGAtd1+tING DEPART~v[t?NT STAt"F REPOi2T FOIL Tots HEARtt3G,DATE pF IdOVEMI3T:R 9, 2005 STAFI+' R.EPt~RT Hearing Date: 11/9/2005 Tai City Council FROM: Craig Hood, Associate City,Flaxtner Meridian Planning Departwent 884-5533 sv>~~CT: Volterra Subdivision & Volterra Subdivision South rfT~' itF ~~~~'~~~ u UrtMU ~ t,a,. {F t9g AZ-OS-040 -- Annexation and zoning of 312.57 Acres to C-G (35.19 acres), L-(? {19.27 acres), and lt-4 (258.21 acres). CUP.OS-041 ~-- Mixed use development that includes commercial, office atad residential uses, Amenities include tat lot play areas, pathways, azrd useable open space. PF-05-039 - Freliminary plat far 613 lots including 540 detached singie- family lots, 9 commercial lots, l 1 office Tots and S 1 common lots on 232.32 acres. PP-OS-040 (South) - Preliutinary plat for 2271ots including 134 detached single-family lots, 54 attached single fancily lots, 13 commercial lots, 4 office lots and 21 comtnan lots on 80.36 acres. 1. SUNIlI~Y bRSCRIP'f'>(pN OF APPLICANT'S REQUEST The applicant is r~uesting annexation and zoning of 312.67 acres of lead that is currently zoned RUT in Ada County. The applicant is seeking a C-G zone (General 1Zetail and Service Commercial District) for 35.19 acres, an L-O zone (1-invited Office District) for l 9.27 acres, and an It,-4 zone {I,ow Density Residential District) for 25$.21 acres. The applicant has submitted two preliminary plats for the subject property, one on the north side of McMillan Road (Volterra}, and one an the south side of McMillan Road {Voltezxa South). Volterra Subdivision includes S40 detached single`family lots, 9 commercial Lots, l l office lots and 53 common lots on 232.32 acres. Volterra South Subdivision includes 134 detached single-family Iota, 54 attached single-family lots (zero lot lines), 13 commercial lots and 4 office lots on 80.36 acres. The applicant has also submitted a Conditional Use Permit for a Flanned Development (CUPIPD) for the property, The CUP/PD includes requests for reductions to the minimum lot size, minimum stxeet frontage, mit~im,im hawse size, side setback and maximum block length of the R-4 zone. The PD also requests that ] 7 percent of the site be zoned far office and commiercial uses, uses that are not notxnally pemuitted in tkiis area, as a use exception {see MCC 12-5-3), Amenities for the development include tot lot play azeas, pathways, a swimming pppl, a clubhouse area and useable open space. 2. SUlVIlNARY RECO)vIlVIENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject annexation and zoning (A.Z-OS-040), preliminary plats (PP-OS- 039 and PP OS-040), and conditional use permit (CUP-OS-041) for the reasons listed herein. However, almost all of this property is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time the facility is being designed; however, no funding has been approved for the construction. Approval of this development sha[I be subject to the North Black Cat sewer system being avariable, and improvements to the waste water treatment plant being completed. The Meridian klanning and Zoning Catnmission heard the item on October 6, 2005. At the public hearing they moved to recommend approval. Valtema AZ-OS-039, CCJP-05-041, PP-OS-039, PP~05-040 PAGE 1 CITY OP MERIbIAN P1',ANNING DEPARTMENT STAFF REPORT FOR THE FifiARlNG.DAT$ OF NOVfiMBF.R 9, 2005 a. Summary of Public Hearictg; i. In. favor: Becky McR,ay (Applicant's representative) ii. 7n opposition: Paul Poarman, Gale Poormau iii. Commenting: Ferry Stevenson iv. Staffpresenting application: Craig Hoad v. C}ther staff commenting on application: Mike Cole, Brad Hawkins-Clark b. Key lGssues of Aiscussion by Commission; i. -Fencing adjacent to: open spaces, streets, micropatbs and canals; ii. - Phasing of the proj ect; iii. ~ Design of the subdivision; iv. - Txaffic and upcoming roadway projects in this area; v. -The Fire Department's requiremment to paint curbing red where parking is prohibited; vi. - Public vs. private parks; and, vii. -Sewer availability. c. Key Commission Changes to Staff' Recommendation: i. -Requiring 4 foot tall sofid or 6-foot tall open vision fencing adjacent to interior open spaces and mieropaths; ii. -Requiring the applicant to provide new open space calculations (exclusive of sand in the bottom of drainage areas) prior to City Council; iii. --Allowing the applicant to possibly gravity sewer some of the property; and, iv. -Requiring the multi-use pathway to be constructed incoordination with the Parks Department's staff. d. Outstanding Issue(s) for City Council: t. - As of the print deadline for this staff report, the applicant had not provided new open space calculations, as required by the P1aculing & Zoning Commission (see Conditions 1.2,Z and 1.2.2B). Staff has spoken with the applicant aad the revised open space calculations should be available for the City Council public hearing, Staff recommends that Conditions 1.3.3, regardiclg open space, be modiffed fro~an the original proposal of 26-acres to refl~ the new calculations that the applicant provides at the hearing. 3. APPLICATIpN AND PROPERTY FACTS a. Site Address/Location: 1VIcMillan Rnad and Ten Mile Road / SW and ~ corners of AT. Ten Mile and McMillan Roads within 4N1 W2? b. Owners Macy Floyd and E.L. & Shirley Bews Bews Family Limited Tr~St 5204 S4rrent0 ('Irc1E Boise, Idaho 83704 c. Applicant; krimeland Development 660 E. Franklin Rd. Suite 110 Meridian, Idaho, 83642 Volterea A2'-OS-039. CUP-US-041, PP-US-039, PP-OS-040 PAGE2 C17'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FoR THE HEARiNC DAT'~ OF idpVEMBfiIt 9, 2005 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan besigriation: Medium Density .Residential and Low Density Residential g. Description of Applicant's Request: A~rtexation and zoning of 312.67 acres fox a mixed use development consisting of attached and detached single-family lots, conunercial lots and office lots. . Date of preliminary plat (attached as Exhibit AI & A2): 07/21/05 {Volterra} 07!13/OS (Volterra South) 2. Date of CUP site plan (attached as Exhibit A3): Qfi/27/OS 3. Date of landscape plan {attached as Exhibit A4): 06/21 /03 h. Applicant's Statement/Justifxcation {see Applicant's submittal letters): The proposed overall density (3.56 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3-8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Bridgetower proj~t- 4. PROCESS )FACTS a. The subject application will in fact constitute an annexation and zoning as determined. by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the Ciiy Council on this matter. c. The subject application will in fact constitute a planned development as deter.+rwaed by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: September 19 and October 3, 2005 (for Planning & Zooming Conuniasion) and October 24 and 31, 2p05 {far City Council). f. Radius notices mailed to properties within 300 feet on: September 9, 2005 (for Planning 8c Zoning Commissio») and October 21, 2005 (for City Council). $• Applicant pasted notice on site by: September 26, 2005 (for PlaYUting & Zoztix~g Commission) and October 3fl, 2flOS {far City Council). S. lC~A11TD USE a. Existing Land Uses}: Prirnarily, the sulsject site is being used for agricultural purposes. There are two existing homes and several out buildings on the subject properties. There is a home site located near the southwest corner of McMillan and Ten Mile and a home located an the north side of McMillan, approximately Sflfl feet from Ten Mile Road. b. Description of Character of Surrounding Area: Today, this area is primarily being used for VoitetraAZ-05-039, CUP-t}5-t}4t, PP-05-439, PP-OS-04Q PAGE 3 C]TY QF M8RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAAM(3 DATE OF IJOVEMBER 9, 2005 agricultural purposes. AlI of the properties adjacent to the western boundary of this project are currently zoned RIJT in Ada County. There are some single-family homes on large lots located on the northeast corner aFBlack Cat Road and McMillan Road {flack Cat Estates hio. 2). Drawbridge Subdivision, located south of the subject site adjacent to Ten Mile Raad, is an R~3 residential subdivision on 5-acres. The City's Waste Water Treatment Plant is approximately 1/a of a Hula south of the subject site. Bainbridge Subdivision was approved for residential development just north of the subject site {subject to sewer availability). Sridgetower and Verona Subdivisions, both mixed use de~-elopments, have beam approved an the east side of Ten Mile Raad, adjacent to this development. c. Adjacent Land Use and Zoning 1, North: Currently used for agriculture {approved Bainbridge Subdivision), zoned R-8 2. West: Single-family an large parcels and agricultural, zoned RUT (Ada Count},) 3. South; Drawbridge Subdivision, zoned R-3/Agricultural, zoned ItUT (Ada County) 4. East: Verona Subdivision, zoned C-G, L-O and R-B/Brridgetower Subdivision, zoned C-G and R-4 d. History of Previous Actions: NIA e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: They a as a sewer main in Ten ,Mile Road with enough depth to sewer a small portion ofthis site. I.acatiop of water: There is an existftrg main in Ten Mile Rood. Issues or concerns: Avast majority of this development is currently not serviceable by dhe City of Meridian's sanitary sewer system Gravity sewer zvill not be available to this property tilt at least early 2008 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for, The rest of the vegetation on-site is for agricultural purposes. 3. Flood plain: NA 4. Canais/Ditches Irrigation: There are several ditches and drains that abut this site. Except for the White Drain and the Settlers Caaai, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards: The Settlers Canal lies on the south side ofMcMillan Raad adjacent to this site. The Settlers Canal is deep and wide and could be a hazard. 6. Proposed Zoning: C-G, L-Q, R-4 7. Size of Property: 312.57 acres $. Description of Use: Commerctial, Office, Single-Family (attached. and cietaehed) f. Subdivision Plat Information (includes Volterra and Volterra. South): 1. Residential Lots: 728 2. Non-residential Lats: 37 Volterra AZ-US_039, CUP-OS-04 i , PP-4S-039, PP-05-040 PAGE 4 C;'r"ti' OF MERTAIAN PLAN7~T1Vfir 17EPARTMENT STAFF REPORT FOR THE HEARLNG DATE OF NOVEMB);R 9~ 2UD5 3. Total Building ]rats: 765 4. CommonlOther Lots: 72 5. Total Lots: 837 6. Residential Area; 258.21 acres 7. Commercial Area; 54.46 acres 8. Grass Residential Density: 2.3 units per acre (2.8 units per acre excluding proposed L-O and C-G properties) g. Landscaping 1. Width of street buffet(s): Per MCC 12-13-10-4 a 25-£oat wide street buffer is required along Black Cat, McMillan, and Ten Mile roads. Except adjacent to the proposed C-G areas, the applicant is proposing a common lot adjacent to Black Cat, McMillan„ and Ten Mile roads that exceeds 2S feet {35 feet typically). A 35 foot wide landscape easement is proposed adjacent to the C-G areas that abut the arterial roads. A 10-foot wide street buffer is required along alI cotxuuereial {local} roads. The landscape plan depicts the required street buffer adjacent to Parana Drive, Sangro Way, Gondola Drive and Milano Drive. However, except for Gondola Drive, the landscape buffers adjacent to the commercial roads are z~ot depicted on the face of the plats, 2. Width of buffer(s) between laud uses: A 20-foot wide landscape buffer is required between office zones/uses and single-family residential zones/uses. No other local use buffers apply to the proposed development. 3. Percentage of site as open space; 8.5% (2b.4 acres} excluding required street buffers. 4. Other landscaping standards: Tlxe landscape buffers alozag the arterial streets should be constructed in accordance with MCC 12-13-10. The land use buffers should be constructed in accordance with MCC 12-13-12. City Code xequires a 5-foot wide landscape strip on both sides of a mieropath. Further, the landscape strips along xnicropatbs shall include at least one deciduous tree for every 35 feet of length (MCC 12-X3-1 S-4)(except for the xnicropaths that contain sewer easeme~ats}. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13-16-5). h. Conditional Use Information: 1. Non-residential square footage: The applicant is proposasg approximately 84,000 square feet ofaffice space; 340,000 sciuate feet of commercial; and 1,500 square feet for a clubhouse. 2. Proposed building height: Per requested zone at the tinge of building permit submittal. 3. Percentage of site devoted to building coverage: N/A 4. Percentage ofsite devoted to landscaping: 12.5% (39.1 acres) including street buffers. S. Percentage of site devoted to paving: b. Percentage of site devoted to other uses; 63 acres of the site are for proposed streets. N!A VoTteaa AZ-OS-034, CUP-fly-Q4i, PP-OS.039, PP-pS-(WU PAGE 5 CITY OF MERIDIAN PLANi+TfT~i(3 DEPAItTMEN7' STAFC 1z.6P{?RT FOR THfi FiEARING.I)ATL- QF NOVEMBER 9, 2005 7. Number of Residential units: 72$ i. Amenities: Clubhouse, swiixlaning pool facility, multi-use pathway, park plaza, two tot lots, open space. j. Proposed and Required Residential Standards: R-4 Setbacks proposed Required Side Accessed Garage 1 S 1 S Front Accessed Garage 20 24 Street side 20 ~ 20 Side 5 t0' for attached) 5 Rear 15 1S Frontage 41 80 Lot Size 5040 8000 k. Pmpased and Required Non-Residential: C-G & L-fl: The applicant is not requesting arty deviation from the IrQ and C-G lot sizes, frontage requirements and building setbacks. 1. Summary of proposed Streets and/or Access; The applicant is proposing to construct five access points onto McMillan Road, five access points onto Ten Mile Road, and one access onto Black Cat Road. Two of the five access points to McMillan Road and two of the access poitxts to Ten Mile Road are driveways for the commercial portion of the prof ect. The remaining access points onto the adjacent roadways are proposed as pubic streets. The ACffi7 has approved aA of the proposed access points. Staff is supportive of the general design of the proposed access points and streets, with vne exception. The applicant is proposing to construct Gondola Drive, Malta larive, San Vito Way/Avenue, Parma Drive, Milano Drive, cad Sangro Way with detached sidewalks. Staff its supportive of the detached sidewalks along these roadways, but for the safety of the Pedestrians using the walkways, staff reeoxnrnends that the trees proposed on the back side of the walkways be placed. between the curb and the face of the walk, not behind. The width of the planter strip between the curb aad the sidewalk shall be in compliance with ACFID's interim policy fvr planters (at least 6-feet wide with root barrier or a miniinvm of 8 feet wide). For a detailed report vn the gublic streets and access points to public streets, please see the attached Exhibit B. 6. COMIt'~NTS MEETING an September 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present imclude: Meridian Fire Department, Meridian Police Department, Meridian Parks Deparment, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended actions as Conditions of Approval in the attached Fxltibit B. '1. COMPREHENSIVE PLAN POLICIES AND GUALS Approximately 230 of the 312 acres is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Metiiurr- Density Residerial areas are anticipated to contain between three and eight dwelling units per acre (net). The remaining 80 acres adjacent to Black Cat Road is designated "Low Density Residential" on the Comprehensive Plan Future Voltorra AZ-0S-039, CUP-05-041, PP-OS-039, PP-05-040 PAGE 6 CITY OF MERI131AN PLANNING DEFART1vIENT STAFF REPORT FOR THE HEARING DATE dF NOVEMI~ER 9, 2005 T.,and Use Map. Low density residential areas are anticipated to contain vp to three dwellings per acre (net}. Soiree of the larger lots in the development are within the area deli density residential. Although. the applicant has not submitted calculations, staff belgieves that this area contains Less than 3.Q dwellnng units per acxe. Excluding the of&ce and eomitaelrcial areas, the overall net density is 3.56 dwalling units per acre (2.8 d.u,/acre is gross density). Staff finds the fallowing Comprehensive Plan policies to be applicable to this propery and apply to the proposed development (staff analysis in italics below policy); * Retluire that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Gbjective A, Action 1) When the City established its Area of City Impact, it planned to provide City services tm the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following mariner * The subject lands currently die within the jurisdiction of the Meridian .Rural p'ire .District. Once annexed the lands wi11 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 awned and maintained by the Ada County ~ghway District (ACID). This se-vice will not change. i The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject tands are currently serviced by rile .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. 1"t i of c ear how an't sewer a r service be extend 'ect a thi It be r ore se ice i available o th' a er Municipal, fee-supported, services will be provided by the ,lyter fdian .Building Department, the Meridian Public Works Department the ,Meridian Water Department, the Meridian Wastewater Department, the 1V,leridian Planning Department Meridian t'1tility .billing Services, and Sanitary Services Company. Chapter TV, Goal II: Diversity economic base of City --make Meridian more than, a "bedroom" community, Tlie applicant is proposing to .zone and develop 19 acres of the properly, for office use, and 3S acres of the property u planned for commercial use, ,Although staff believes that North Meridian is nearing capacity for properties zoned non-residential (see the .North Meridian Market Analysis prepared by Thornton, Qliver, feller Commercial ~tea1 Estate, 20QS, this is - an appropriate locution for, and an appropriate amount of, non-residential property. Chapter'VII, Goal I: Ensure a variety and balance of land uses to support floe Meridian 7inpact. Sta,,~'believes that the applicant is providing both a variety and appropriate balance of land uses that can be supported in this area. • Chapter VIT, Goal I, dbj ective B: Plan. for a variety of commercial and retail opportuaitx~ Volterra AZ-OS-A39, CUP-0S-04I, PP-OS-439, PP-05-OQO PAGE 7 CITY OF MERIDIAN PLANNINCY TjEPARTMENT S'1'AF~' REPORT FOR THE HEAR~i\G_DATE OF NOVEMB$R 9, 2005 withixt the Impact Area. Staff finds that the majority of this site is designated for Medium 1?enslty Residential on the Cvmpr-ehensive plan Future Land Use Map (the 80 acres adjacent to Black Cat Road is designated fvrLotit~l7ensityResirdentical), ,,~(lthough cantmerciul rises have not been speciftcatly planned for thisproperty on the Cornprehensive,F'lan Future Land UseM¢p, the Plunried l?evelopntent prdinance (MCC 12-6) allows up to 20% of a project to be devoted tv uses not normally permitted. Chapter VII, Goal I, Objective B, Actions 5: Locate new community comaactercial areas on arterials or collectors near residential areas in such a way as to copaplement with adjoining residential areas. Bath McMillan Road and Ten Mile Road are clars~ed arterial roadways The applicant is proposing access from the adjoining residential lots to the conarnercial areas from micropaths, sidewalks and sliared streets. Stajf believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter ~V1I, Goal 1V, Objective b: Encourage appropriate land uses along transportation corridors. Sta,~`'believes that tine proposed land uses are approprzate along the adjoining transpor lotion corridors (7'en Mile Road, McMillan Road' and Black Cat RoadJ. ° Chapter VII, Goal V: Offer a diversity of housing types for a greaten. range of choice. within the development, the applicant is proposing a wide variety of lot sizes. Tfie proposed residential dots range in size from over 4Q, QQO sgaare feet, to around 5, 000 square feet Tfae applicant is proposing 674 total single family lots. Fifty four of the single family lots (7%) are proposed for attached units while the remaining lots (93°10~ are far detached single family homes. Staff farads that a block of townhouses or duplexes may fit well within this development, but that the applicant is proposing a range of lot sizes and varied housing types with the subject applications. Chapter VII, Goal V, Objective A, Action 4: Provide for a wide diversi of hour' {single family, modular, mobile ]xomes and multi-family arrangements) and choiae~s be~tweeen ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. See analysis above, • Chapter 1V, Goal II, Objective A, Action 6: Permit new residential, commercial, ox industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Stn, fjfands that this property is contiguous to the existing limits of the City, .~1owever, not all urban services aa~ currently available to this property, Water is readily available in Ten Mile Road, but the sewer in Ten Mile Road has only enough depth to sewer a small portion ajthis site. Gravity sewer for the rest of this site slivuld be available in early X008, at the earliest. • Chapter VII, Goal Ill: Ensure that adequate public set^viees, including trausp©rtatian, for existing and future development are provided. The intersection of Ten Mide Raad and Mcl~llan Road currently has an acceptable level of service (see the traj}ic impact study summary on pages 9 - l ,l). However, tivith the build out o, f the sarbject site, other developments in the area, and the anticipated construction o, f the Ten Volterra A2-OS-039, CTJP-OS-041, PP-o5-~39, PP-45-44U PACE 8 CITY OF MERIDIAN pI,ANNItVG DEPAIiTMH1VT STAFF REPURT TOR THE HI;ARfNG DATI? OF NOVEMBER 9, 2005 Mile Road interchange, staff'believes that this intersection and others in the area could have decreased levels of service in the near future. ,,except for sanitary sewer, thzs properly can be served adequately by atl public ser-t~iees at this time. • Chapter VI, Goal 1wC, Objective A, Action 5: Require pedestrian access connectors itt all new development to link subdivisions together to promote neighborhood connectivity as pazt of a community pathway system, .The applicant is proposing to extend the multi-use pathway, from Yerorta Subdivision to and through this development to Black Cat Road. The applicant is proposing multiple rnicropatlzr Between the blacks of the development. Cither pedestrian access is proposed to adjacent properties via the sidewalks on the stub streets. The applicant is also proposingpedestrian access to the commercial portion of the development on the nat~h side afMcMtllan Roaciy ,from the residential portion. Staff'is supportive of the proposed pedestrian pathway system. • Chapter VI, Goal lI, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing eleven stub streets to adjaeentparcels: Sta,~`is supportive of the propQSed stub streets. The applicant is not proposing to extend UpriverAvenue into the site from Drawbridge Subdivision. To enhance connectivity and improve tt-a, ffic flow, Upr~iyer Eivenue should be extended into the site from the south. * Chapter VI, Goal II, Objective A, Action 13: Review new development for appropriate opportunities to connect to local roads grad collectors in adjacent develop>vraents. Staff has evaluated the adjacent properties and, finds that theproposed stub street locations are ideal for future connections. • Chapter Vx, Goal II, Objective A, Action 16: Require continuous the north-south andeast-west half-mile lines within the uadevelo~ ~d-fie ~fl~rs mound Area of Impact at the time of new development. Such collectors : 1d be theopz~ry ~}s designated bike lane routes in lieu of Arterial streets, whenever possible. ?'he applicant is proposing to construct Malta Drive, San Oita bYay and Gondola Drive as residential collector roadways (no front-on housinp.~. Goridola/,i'Vladta connect Ten 1llile Road to Black Cat Road. Further, Malta Drive acrd Gondola Drive include amulti-use pathway adjacent to them. Stn, fffarads that the py~posed residential collectors are generally located near the l:alf--mile and should function as the primary route for residents driving vehicles and bicyclists in this area. Chapter VII (Collector Streets): Collectors shall be located at the north-south and east west half-mile lines within the undeveloped sections of Meridian's Area oflmpaet. Collectors must be continuous through the full mile section. This does not preclude the integration of tra;~'ic calming measures, nor does it imply the roadway leas a straight alignmezat. See above. ~ Chapter'VI (Transportation}: Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation systerxa and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. A traffic impact study (TIS} was prepared for this development, The applicant submitted a tra,,(fi'c impactsturly that was compiled by YYashington Group International that addresses Volterra Az-OS-439, CUP 05-041, PP-05-039, PP-OS-fl4fl PAGE 9 CITY OF MERIpIAN PLANNING DEPARTMENT STAFF S.I:PORT PQR THE HEARING.bATE OF NOVEMBER 9, 2005 cumulative irnpacts of Volterra Subdivision and Volterra Subdivision South. A sumrrrary of the submitted traff e a-npact study is as follows: 1. The proposed residentaal/con:mercial development isprojected to generate an average daily tra,,~rc ~AD.7) of 9,711 velaictes oflvhich the p.m, peak hour tra,,(fac is 1,181 vehicles per hour. 2. As a result of the site build out, trine on the vicinity roadways is expected to increase. Traffic on Mct~llan Iii oad west of Ten Mile may increase by ¢, 8SS traps per day. 7Y•affic on MclVlillan .load east of Ten Mlle may increase by 1,2b2 trips per day, ar~d traffic an McMillan Road west of Black Cat Road rrray increase by 6S0 traps per day..?~•a, fJFc on Ten Mile Road may increase by 2,428 trips per day north ofM~llan Road and 2,40 trips per day south of tVfeMillan Road Traffic an Black Cat .Road »iay increase by 1,942 trips per day north o, f McMillan Road and 97,1 trips per day south oftVlch~lillan Read. 3. The intersection of Black Cat Road and McMillan Road is currently cont~ oiled by atwo- way stop along the east and' west appr caches The Black Cat Road and 11~CcMillan Road intersection currently operates under capacity atLeved of Service (LOS) B with the existing tragic volumes. For the background year 2010 condition (eg. regional growth), the intersection ispredicted to operate atLOSB in thep.m. peakhour For the build out year 2010 condition, the antersec#on ispredicted to operate at L4SB in the p.ryt, peak hour: No amprovernen~r have been identij~ed far the Black Cat Road and McMllan Road intersection for the background and build out conditions. 4. The intersection of Ten Mile Road and Mc~llan Road currently is controlled by a four- wtrystop. The Ten Mile Road and McMillan Raad intersection currently operates under capacity at ,Level of Service (LOS) A with the existing traffac volumes. For the background year 2D10 candalion (e.g, regional growth), the intersection ispredicted tv operate at LOSA in the p.m. peak hour For the build out year 2010 condition, the intersection fs predicted to operate at LOS C in the p.m. peak hour. No improvements have been ident~ed far the Ten Mile Road and .Mcl~llan Road intersection for the background and build out conditions based an the capacity alone. However, as discussed below, a signal is warranted in the build out year based on the peak hour traff c volumes. S. The intersection of Ten Mile Road and McMillan Road intersection marginally meets the peak hour signa! warrantfor the build outyear based on rural applications with a single lane at each approach. A signal warrant analysis for this intersection far the build out year using urban applications shows that a signal in not warranted. Approximately SI of the total tra,~i'c generated at the Ten Mile Raad and M~llan ,Road intersection is from the proposed Volterra development. A detailed analysis will be needed when the projected tra, f, j'ic volumes are reached before dnstalling a signal. This anterseciion project is etlgible for the use of impact fees 6. The northern site approach intersection with Black Cat Road ispredicted to operate well "under capacity" atL()SA or better throughout the development period. A deft turn bay and right turn bay have been identified as necessary improvements for the northern approach inter section with Black Cat Road based on AC.Fm's Homographs, west - ctppraach antersectaan with McMillan Road based an ACI~D's Homographs. 7. The earth Zeg of the western approach intersection with McMillan Raad ispredicted to operate weld "under capacity"atLOSB or better throughout the develapmentperiad. A de, fd turn bay and a right turn bay have been identified as necessary irnpraverrientsfnr the north leg of the west approach intersection with McMillan Road based on.dCHD's Homographs, 8. The south leg of the western approach intersection with A2cMxllan Raad ispredicted to operate well "under capacity"atLOSB or better througltaut the developmentperaod. A V©ltecra.A~OS-0~9, CUp_OS-041, PP-0S-039, PP-OS-fl40 PAGE 10 CITY ON MERIDIAN ALANNING DEPARTMENT STAFF REPORT POR TH$ HEARING DATE OF 3~OVEMBI_R ~, 2005 left tu,~ bay has been identified as a necessary arnprovetaient for the south leg of the western approach intersection with McMillan Road based on AC.~'s norrtographs, 9. The north leg of the eastern approach intersection with McMillan Road is predicted to operate -vell "under capacity" at LOS B or better throughout the development period, A left turn bay and right turn hay have been adent~ed as necessary in provenaents for the north leg of the eastern approach intersection with McMillan Raad bused on AC,I~'s nontographs. 10. The south leg of the eastern approveai intersection with McMillan .Road is predicted to operate weld "under capacity" at LOSB or better throughout the development period. A te, fI' txtrn bay and right turn bay have been identified as necessary improvements for the south leg of the eastern approach intersection with McMillan Road based on ACf1IJ's Homographs 11, Tlie north leg of the eastern commercial site approach intersection with M~dlan Road is a right-in and right out (BIRO) intersection only. The intersection is predicted to operate a~vell "under capacity"at LOS B of better throughout the developrttent perzod. No improvements have been identified for the north !eg of the western commercial site approach and McMillan Road intersection. 11. The south leg of the western commercial site approach intersection with McMillan Road is a right-in and right-out (RIRp) intersection only. The intersection ispredicted to operate well "under capacity"at LOS B of better throughout the development period. No improvements have Been identtfied for the south leg ofthe western corrarraercial site approach and McMillan Road intersection. 13. The northern site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LDS C or better throughout the development period. A left turn bay and right ttanz bay have been identified as necessary improvements for the northern approach intersection with Ten Mile Road Based on ACFID's Homographs. 14. The mid site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LOS C or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the mid approach intersection with Ten Male Raad based on AC1~.?'s nomograp jis, I5. The northern commercial site approach intersection with Ten Mile Road is a right-in and right-out (BIRO) intersection only. The intersection is predicted to operate well "under capacity" atLOS B of better throughout the developmentper7od. Arightturn bay has been identified as a necessary improvement for the northern commercial site approach and Ten Mile Road intersection. 16, The southern commercial sate approach intersection with Ten Mile Road is a right-in and right-out (BIRO) intersection only. The intersection is predicted to operate well "under capacity"at LOS.4 of better throughout the developmentperiod. Aright turn bay has been identified as a necessary amprovementfor the southern commercial site approach and Ten Mile Road intersection. 1 ?. The south site approach intersection with Ten Mile Road is predicted to operate well "under capacity" atLOSB or better throughout the developmentperiod. ~! left turn bay and right turn 18, All or the internal streets with front an housing have daily tra,,$`ic projections lower Chun I (10D vpd, Sta}J`frnds that the subject development has been assessed for their impact on the transportation system and surrounding land uses. The applicant has included a multi-use pathway, sidewalks, rriicropaths and regular street connections to encoicrage walking and biking in this area. ACh~ is requiring turn bays and other roadway improvements as part of their approval. Volterra AZ-05-034, C[fi_OS-{141, PP-OS-039, PP-0S-040 PAGE I 1 C1TY Qr MERTt)L4N PLANNING DEpARTMEIrIT STAFF RfiPURT FOlt i'HE HEARING. Dp,'I'E OF NOVEMBER 9, X005 ~ Chapter VII, Goal N, Objective D, Action 2; Restrict curb cuts and access points an collectors and arterial streets. Tfte ACH13 evaluates access points in their analysis; no direct access !s alloived to any of the internal ~ esidential collector roadways. The proposed access poitzts to the arterial streets generally comply with ACFID's standards. Please see the ACKa stc~'repot t and .~Yhibit B for the conditions from ACI~iD. ~ Chapter VII, Goal IV, Objective D, Action S: Require appropriate laxtdseape and buffers slang tt~nsportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct a, ppropriate buffers along all of the adjacent arterial. streets, By Ordinance, a minimum 2S foot wide landscape buffer is required adjacent to arterial streets (width does npt include the right-of-way or any required sidewalk), • 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 frotaa entering adjacent agricultural and other properties_ The applicant has not provided a fencing pdan with the sub, ject applications The applicant should clam what perimeterfencing is planned for the development Permanent perimeter fencing should be constructed around the perimeter of the development. • Chapter VIi, Goal 1, Objective D, Action $: Require new urban density subdivisions which abut or are proximal to existing low density residential Iand uses to prorride landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rota! residential densities. The applicant has provided some of the largest lots in the development along the perimeter. 7'he applicant is npt proposing a landscape bu,,}er orfencing to screen any of the adjacent properties. • Chapter V, Goal I, Objective A, Action 2: Identify feasible interconnected greenbelt areas along waterways, railroad, etc. As mentioned above, the applicant is extending the multi-use pathway from Verona Subdivision. Once constructed the multi-use pathway wall be continuous from Saguaro Canyon near Meridian Road to Mack Cat Road (eventually the pathway will traverse tiae entire city east to west, north afMcMillan Raad. • Chapter VI, Goal II: Facilitate the movement of people and products to and :f'coin the 1Vleridian Impact Area. Sta,,~'~nds that the,prvposed street layout will facilitate the movement of per~ple and products in this area. 8. ZONING ORDIlYANCIE a. Zoning Schedule of Use Control: Meridian City Code 1 i 2-1 lists single-famdly homes as - permitteduses in the R-~ zoning district, cammerciaUretailoses are generally permitted, in the C-G district, and office type uses are generally permitted ~ ~e L-O district. lIowever, MCC 12-6-1 requires planned developments to comply with the conditional use procedures set forth in MCC 11-i7. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and Voltexra AZ-t35-(}39, GUI'-05-041, PP-OS-Q39, PP-OS-Q40 PAGE 12 CITY pF MERiIaIAN AI.AIVNING DEPARTMENT STAFF REPORT POR TT3E HEAR~NG,DATB OF Np'UEMBER 9, 2005 public and private parks shall be pernutted and no conditional uses sl#all be pemutted except for planned developments. The purpose of the R~4 district is to permit the establishment of low density single-family dwellings, and to deiir~eate those areas where predominantly residential development has, or is likely to occur in accord with the compreheztsive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonuesidential uses. The R-4 district allows for a maximuba of four {4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which aze customarily operated entirely or almost entirely within a building; to provide for a review of the impact ofprvposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. A11 such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of eomutercial developmenit, L-O Limited Ot~ce District: The purpose of the L-O district is to pezurit the establishment of groupings of professional, research, execu#ive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district, The L-O district is designed to act as a buffer between other more untense nonresidential uses and hig}x density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this district, c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, street frontage, side yard setback, house size, and block Length of the R-4 zone. Other than, the requested modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Oxdinan~ce. d. Specific Standards: Iv,1CC l ~-6-7 requires each non-residential phase of a conceptual PI] to obtain approval through a new application, fee and public hearing. Therefore, all future non residential buildings within the Volterra PA shall be required #o obtain, detailed CTTP approval prior to construction. 9. ANALYSIS a, Analysis of Facts Leading to Staff Recommea~dation 1. AZ Application (AZ-OS-040): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and Endings for a Zoning Amendment. The annexation legal description submitted with the application (starx~ped on June 28, 2045 by D. Terry peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City ofMeridiau. The applicant wits be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/pr 5eptiC eySten7S 'Wiithin this project will have to be removed from their domestic service, per City Ordinance VoiterraA~05-039, CUI' QS-fl41, PP-OS-039, PP-OS-fl4fl RAGE i 3 G1T'Y OF MERI[tIAN PLANNING DLPARTMEN'F STAFF REPORT l:pR THE H$pRINCr DA?'1r OF N4VEMB$R 9, 2005 Section 5-7-5 17, when services are available £rom the City of Meridian. 'W'ells xnay be used for non-domestic purposes such as landscape irrigation. All future development of the subject prvperiy shall be constructed in aecordanee'with City of Meridian ordinances in effect at the tirrxe of development. AlI future uses shall not involve uses, activities, processes, materials, equipment and conditions of operatiara that will be detrimental to any persons, property or the genera] welfare by reason of excessive production of traffic, noise, smoke, finales, glare o:r odors. MCC 11-16-4 provides the P&Z Commission and City Council the authority to xequire a property owner to enter into a Development Agreement with the City of Meridian that xnay require some written commitment for all future uses. Dui tU tb~ c ro ' i f exis ' nd future resider ' uses and re ireme t that c bui d' within the L-0 and C-G zoned areas obtain detailed CI.Tp a royal,, staff be).zeves that a Developpment A cement 's necessar~- to ensure ti,at this_p~~erty ~~ d o ed in a fashi n that i latent w tithe comprehensive plan designation and does noyely >rclpact nearby proms, Staff believes that the Development Agreement should include the following provisions: P~h .sing'_Plan_ Generally, the applicant anticipates the phasing playa to begin with tk~e office and commercial lots near the McMillan RoadlTen Mile Road intersection and then continue along McMillan Road, then north, south and ixnally west. The applicant has asked for leniency in the phasing of the project. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that same of the amenities proposed with the development altould be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 3S{l'~ residential lot (including Volterra and Volterra. South), the 10.2 acre park (James Park) shall be constructed., Construction of the park shall include the proposed swimming pool and restrooxns, the water feature {fountain), and the tot .lot. Further, prior to the City Council's approval of the 550s` residential lot (including Volterra and Volterra South), the proposed 3 acre park south o£ McMillan Road shall be constructed. Construction of said park shall include the proposed. plaza area and playground equipment. Non-Residential Build'si„g-s~, Meridian City Code requires use exceptions to continue the architectural, landscaping, and building buck concepts from the primary use into the use of the exception site sa they are consistent and harnnonious throughout the development. Further, City Code requires each non-residential pb~ase of a planned development to obtain approve] through a new CUP application, fee azxd public hearing. Therefore, staff recommends that the Development Agreement include a provision that requires aI! buildings within the L-O and C-G to zones contain architectural features and bulk building concepts that are similar to the residential buildings, as determined by the Commission at each CUP public hearing. 2. PP Application (Volte~xa, PP-OS-039): The proposed preliminary plat substantially complies with the Zoning prdinance. special Considerations: D cl d Sid wa' ~ :The applicant is proposing to construct S foot wide detached sidewalks on some of the internal streets, The sidewalks are detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is gropasing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the voitexra AZ-05-039, CUP-Q5-t?41, PP-d3-039, }'P-fly-04fl FAGS 14 CITY OF M$RIDIAN PLANNCNG DEPARTM$NT STAFF REPORT FOR T1~B HEARING DATE OF NC3VEMBER. 9, 2005 sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. la accordance with the recently passed AC,HD planter width standards, the width of the planter strap betweeb the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class Il trees, See Exhibit B below. Multi use Pa, thwav_ In Ixeu of sidewalk, the applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along Malta Drive and Carldola Drive, The applicant is proposing to detach the pathway from the curb and construct it 10-feet wide from Ten Mile Raad {where it comes out of ~Terana) to Black Cat Road Staff is supportive of the proposal to construct the multi use pathway as depicted, as Iong as street trees are placed between the pathway and the curb (see Detached Sidewalks above). See Exhibit B below. is aths: The applicant is proposing to construct several micropaths with this plat, Staff is generally supportive of the pedestrian connections between the different neighborhood "pods". >:iowever, staff'believes that an additional rnicropath should be provided in Block 3 7, generally between Lots 11 arld 12. This mieropath will break up a black that is approximately 1,500-feet long and provide additional connectivity between the subject development and the unplatted property to the north. All micropa#hs shall be constructed at least 5-feet wide, 'uvith S feet of landscaping on each side of the path (MCC I2-13-IS-3}. See Exhibit B beiaw. Land Use_,_,_,Bu~rs• MCC 12-13-I2 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20-foot wide landscape buffer is required between single-family homes (Class l} and L-Q zoned property (Class U.l}, Meridian City Code I2-I3-I2 2 requires the Iand use buffer to be provided by the higher intensity trse a~ad to be located on the building site of the higher intensity use, unless the adjacenit and higher intensity use has not provided the buffer. The applicant is showing a 20-foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat, Tb~e applicant should be required to graphically depict a 20-foot wide landscape buffer on the plat along the L-O zoned lots that abut the single family lots. Said buffer shall contain materials m accordance with MCC 12-I3-i2-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Bufferc• Arterials; MCC 12-13-10-4 requires a ZS-foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer slang Black Cat Road, and a# 1ea~st 35-foot wide street buffers slang McMillan Raad and Ten Mile Road. The applicant should be required to depict the required street buffers on the face of the final plat, including adjacent to the office and commercial lots. Also, there is a 30-foot wide McMullen Lateral easement parallel to Ten Mile Road, just south of Malta Drive that is within the proposed landscape street buffl'er. Tile submitted landscape plan shows trees within this casement. The irrigation districts typically grolu'bat trees from being planted within. their easements. Therefore, the landscape plan should be modified to reflect the required trees slang the Ten Mile Road street buffer to be located outside of the easement. See Exhibit B below. Co cial Stree s: MCC I2-13-10-4 requires a 10-favt wide street buffer along commercial roadways. On the submitted Iandscape plan, the applicant is proposing to construct a 10-foot wide street bu{~er along both sides of Milano Drive and Sangro 1~ay. However, the street buffer easements are not labeled on the plat. The applicant Volfen~t AZ-OS-039, GUP-OS-041, PP-OS-039, PP-OS-o40 PAGE 1 S CITY QF MERIDIAiV i'LANNING n$PARTMENT STAFF REPORT FOR T~[E HBARTNQ DATT? OF DtQ'VEMI3ER g, ~pflg should be required to depict the required 10 foot wide street buffer easements aloxtg Sangro Way and Milano Drive, grad Gondola Drive (from Sangro Way to Divide Creek Drive) on the face of the final plat. flitches bate 1 and Canals. There are several irrigation laterals that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to file all of the irrigation facilities on the north side ofMcMillan Road See Exhibit B below. Pressure Irri orlon. The City of Meridian requires that pressurized irrigation systems be supplied by a year~round source of water (IUICC 12-13-8.3}. 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 paint eoffiectian is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the foal plat by the City Engineer. An underground, pressurized imgation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 4-1-28. See Site Exhibit B below. e ~ • The applicant is not showing any fencing on any of the subnouitted plans. Staff recommends that the applicant clarify, at the public hearing, how fencing is going to he constructed in this development. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). Tf permanent fencing is not provided, temporary construction fencing to contain debris must be installed aroux-d the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existi~Residences/Buildin~c• The site currently contains multiple buildings. Because the existing structures span across proposed Iot lines and/or are not allowed in the proposed zone, all existing buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below. Cros-~s_: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements to the Iots that do not have public sheet frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portion of the subdivision to use the driveways and parking aisles, N~tenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. 3. PP Application (Volterra South, PP-OS-040}: 1'lte proposed preliminary pier substantially complies with the current Zoning Ordinance. Special Considerations: b Stree 'The aPPficant is proposing one stub street to the west and one stub street to the south Staff is supportive of the location and design of the proposed stub streets. however, there is an existing stub street to taus property that was required with Drawbridge Subdivision to the south. The applicant i$ not proposing to extend this stub street into the sire. To promote co~ectivity between the adjacent properties, the applicant should be required to extend Upriver Drive into this site from the south. TJp River Drive should connect with the proposed X.esina Drive. See Exhibit B below. Yalterra AZ-45-439, CUP-OS-44I, Pp-45.039, PP-OS-440 FAGE ] 6 Cl7'Y OF MBRlD1AN PLANNING DBt'ARTMETIT STAFF ltEPplt1' FOR THE HEARING DAT); OP tdoVEMBBR 9, 20tI5 Cross-access: There are some coxmercial lots that do not have fx-ontage an a public street. stead the applicant is pra,~osing to provide cross-access easements sa tlne lots without frontage can access the public s#reet system. Because several of the proposed lots do not have frontage ou a public street, the applicant should provide a cross parkinglcross access agreerne>ut(s) for alI of the lots within the office and commercial. portions of the subdivision to use the driveways and parking aisles N.[aintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Detached Sidewal s Iutemal Streets• The applicant is proposing to construct 5-foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5-foot wide landscape strip. kIowever, the proposed landscape strips da not include trees, only grass. The applicant is pr©posing to plant trees fln the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover ar~d to make the streetseape more attractive. In accordance with the recently passed ACRD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a murimum of $-feet wide and include Class II trees. See T..andscape Street Buffers and Exhibit B below, McMiIlan Road: The applicant is proposing to construct detached sidewalks on the south side of McMillan. Road. The proposed sidewalk is separated from McMillan Road by the Settlers Canal. This design is similar to those previously approved by the City and ACHI) an the south side of McMillan Road, adjacent to the Settlers Canal (Bridgetower, Caymus Cove). The applicant will be required to grant ACRD a public pedestrian easement for this detached sidewalk. See Exhibit B below. Landscat~e Street Buffers erials: MCC 12-13-10-4 requires a 25 foot wide street buffer along classif ed arterial roadways. On the submritted landscape plan, the applicant is proposing to construct a landscape buffer along the south side of McMillan Road that is 95 feet wide and includes a 50-foot wide easement for the Settlers Canal. The applicanrt should be required to depict the required street buffer easements/lots on the face of the final plat, including adjacent to the office and commercial lots, which is currently not shown on the plat. See Exhibit B below. Cam~ercial Streets; MCC Z2-13-10-4 requires a 10-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10-foot wide street buffer along both sides of Sangro 'fiVVay and Parma Drive. However, the street buffer easements are not labeled on the plat. The applicant should be required t4 depict the required 10-foot wide street buffer easements along Sangro Way and Parma Drive on the face of the final plat. Micro :The applicant is proposing to consttuct two mieropaths with this plat. Staff is supportive of the pedestrian connections between the different neighborhood `Mods." All proposed mieropaths shall be constructed at least S-feet wide, with 5 feet of landscaping on each side ofthe path (MCC 12-13-IS-3). See Exhibit B below. Lea _d. Use Buffers; MCC 12-13-1.2 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20 foot wide landscape buffer is required between single-family homes (Class ~ and L-O zoned property (Class ~, Meridian City Cade 12.13-12 2 requires the land use buffer to be provided by the higher intensity Volterra AZ-05-039, Clip-fly-Q41, PP-OS-U39, PP-~S-04© PAGE l7 CITY QF I4ELRIDIA.N PLANNING DEPA1tTMEiVT STAFF RJ;PORT FOR rt'~E 1;Ep,RI1VG,ClfiTli OF NOVFMBBR 9, 21105 use and to be Located an the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 20-foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown an the preliminary plat. The applic~nut should be required to graphically depict a 20-foot wide landscape buffer along the west side of the L-Q zoned lots that abut the single-family fats. Said buffer shall captain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit 13 below. Ditches• Laterals an, Canralls• There are several irrigation laterals that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing ox lying adjacent and contiguous to the area being subdivided shall be tiled. The applieamt is proposing to relocate and leave open the White Drain, between Ten Mile Road and McMillan Road, as well as the Settlers Canal, which runs along the south side of McMillan Road. Staff has talked with Nathan Draper at Settlers Jrrigation District and it is preferable to them that the applicant leave the White Drain open so that groundwater can get to the facility. Also, the City Council has regularly granted waivers of the requirement to file the Settlers Canal, The Settlers Canal is a major facility, artd it would at least take a 48- inchpipe to contain it. For the reasoxls listed above, staff recomnrlends that, except for the White Drain and the Settlers Canal, all irrigatiot ditches, laterals and canals be tiled, See Fencixtg and Exhibit B below. ensure Irr~iaation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-I3-8.3). The applicant should be required to use any existing surface or well water for the primary source. if a surface or well source is not available, a single point connections to the culinary water system shall be required, If a single-pointt connection is ,used, the developer will be responsible for the payment of assessments for the conuxson areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to aIY landscape areas per the approved specifications and in accordance with MCC I2-13-$ a~ad MCC 9-1-2$, See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarify, at the public healing, how fenang is going to be constructed in this development. Staff is particularly concerned with fencing adjacent to the White Drain and the Settlers Canal, as the applicant is proposing to leave both of these waterways open (see Ditches, Laterals, and Canals above). To provide for both. protection of the waterways and citizens, staff recommends that a 6-foot tall see-through, pan-climbable fence be installed along both sides of the White Drain and along the south side of the Settlers Canal (between the sidewalk and the top of bank), This requirement will allow the future residents to enjoy the vt+ater features, yet discourage them from entering into them. A detailed fencing plan should be submitted upon applicatitsn of the final plat (MCC 12-4- _ Ip,F.3). If permanent fencing is not provided around the perimeter of the development, temporary construction feaeing to contain debris must be installed around the perimeter prier to issuance of a building permit. Ail fencing should be Installed In accordance with City Code. See Exhibit B below. Exi g ResidenceslB ~~ ~iines• The site currently contains multiple buildings. Because the existing structures span, across proposed lot lines and/or are not allowed in the prapdsed zone, all existing buildings shall be removed prior to signature of the fatal plat by the City Engineer. See Exhibit B below. Volterra AZ-45-U39, CUP-OS-U41, PP-OS-039, Pp-OS-04U PAG}l; 18 CITY OF MERIDIAN PLANNING AEPAR.TMENT STA.FP REPpRT FOR Tiii: HBARING_ BA'T'E OF NOVEMBER 9, 2005 Patio Home Lot :The applican# is proposing S4 patio home (zero lot line) lots withil~ Volterra South Subdivision. Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5, are all planned for attached lots. Staff is support of this proposal. A note should be placed on the final plat that references CUP-OS-041 and the allowance fora 0-foot side setback an the attached patio home lots. 4. CUP Application (GUP-0S-041): The proposed preliminary plat substantially complies with the cu~relrt Zoning Ordinance. Special Considerations: ~IUested Modifications ~ The applicant is requesting, through the planned Development Ordinance, several modifications to the standard requirements of Meridian City Cade and the R-4 crane, The most significant and uncommon modification being requested has to do with the use exception request, The applicant is requesting to zone over 17% of the site for non-residential uses. The applicant is proposing to zone 19.3 acres to L-O (I.,imited Off ce) for oi~ICe uses and 3S2 acres for general retail and service commercial uses (C-G zoning), Staff is supportive of this use exception request as the non-residential and residential land uses are integrated well and the application generally complies with the Zoning Ordinance and the Comprehensive Plan {see Exhibit D for detailed analysis). The applicant is also requesting approval to modify them__inimnrn lit size in this development from the 8,000 square-feet typically required to 5,000 square-feet_ There are 144 lots (20%) that are proposed bel°w the 8,000 square-foofi minimum requurement. The applicant is also requesting a modification to the minimum house size of the R-4 zone, from 1,400 square-feet to 1,200 square feet for the patio homes (the detached homes will meet the 1,404 square`foo# mi:unaum). 'The applicant is also requesting a 0 foot side setback for the attached patio homes. 'There are 54 patio homes/lots being proposed on Lots 6-] 9 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5. The applicant is seeking a modif cation to the standard frontage requirement of the R-4 zone, which is 80 feet. There are several lots that have less than 80-feet of frontage; the applicant is requesting that frontage be reduced #0 41- feet (straight-aways) and 35-feet (measured on a chord) for cul-de-sac lots and lots on a curve. The applicant is also requesting a modification to the maximum block length, which is currently 1,000 feet. Staff is sipportave of all the requested modif cations as they allow for variety in the lot sizes and housing types within the development. See Exhibit $ below. Amenities: The applicant is proposing several amenities for this development. The applicant is proposing to set aside 39 acres for open space (including street buffers). The useable open space as 2S acres (8.S % of the site); only 5% open space is required. Other amenities include a 10.2-acre park (to be owned and maintained by the HOA and not the City) centrally located in the development. The park includes a swimming pool and restroams, a tot lot azea, and a water feature. The applicant is also proposing to construct a 10-foot wide multiuse pathway throughout the development and micropaths that link the different blocks to each other A 3-acre park is proposed on the south side of McMillan Road that also includes a tot lot area aid a plaza space. See Exhibit B below. Elevations: The applicant has not submitted any elevations fame single family detached or attached homes. The applicant does state that the home elevations will be similar to those in Bridgetowex Crossing Subdivision. As part of the application submittal, the City requires that elevations and a construction materials list be Volterra AZ-03-039, C1:JIf-t)5-041, PP-QS-039, PP-i15-Q4{? PAGE t 9 CITY OF MERiDiA3~l PLANAt1NG DEPARTMENT STAFF RF,pbRT I:OR 7'JiE HEARING DA'X'P OP idO~rEM~ER 9, 2U05 submitted for buildings within a PD. ~ rrtmends that the applicant ~g eleva 'o s to Flan ' & Zo ' Comrnrssion hea " 10 co i ofsam Ie e vati r attached and det eh homes b ubmi ed to a Ci Clerks office. See Exhibit B below. b. Staff Recommendation: tall recommends val of AZ-45 44 P>P U~r„-Oj3q, PP 45- 4A0 a~ud UP 0 li4i i r voiter Subdivision apd !V'otterra South Subdivision. ba eB n the India o#' I' ct s liste 'n .Exhibit D d subject t t e co 'dons of a o al as lis ed 1 + xhibit B as tt ched to 's re ort. c, Clther: The Comprehensive Plan designates a future school site within this s~tion. It is staffs understanding that the Meridian School District has plans for an elementary and middle school to share a campus in this section. The applicant has irxdieated an the application that the School District has not speciSed the need for a school in this area. hiowever, as of the print deadline for this report the Meridian School bistrict had not acquired a school site in this section. The available land for a schao! site is rapidly disappearing in this area. Staff recommends that the Commission and Council rely on any comments received from the Meridian School District regazding approval of the subject development without a school site, when determining ;f the proposed development is in the best interest of the City. 10. PR4FQSED MQTION Approve I move to approval File Numbers AZ-OS-040, PP-OS-03~, PP•OS-040 and CUP-OS-Q41 as presented in staff report for the healing date flf November 9, 2005 and the preliminary plats dated July 13, 2005 and July 21, 2005, the site plan dated Tune 27, 2005 with the following modifcatiots to the conditions of approva[: (add any proposed modifications) Deny I move to deny File Numbers AZ-OS-040, PP-05,039, PP/05-04fl, and CUp-OS-041 for the following reasons: (you should sta#e specific reasons for denial of the annexation; you must state specific reasons for denial of the CUP and preliminary plat{s}. They should address how the applicant might re-do the application to gain your recommendation for approval.) I1. E7iC)rpBIT$ ' A. Ilrawin$s 1. Volterra Prelituinary plat (dated: 07/21/45} 2. Voltezra South Preliminary Flat (dated; fl7/13/45) 3. CUF Site Plan {dated: 06/27/05} 4. Landscape Plea {dated: 06/2I/OS} B. Conditions of Approval 1. Planning Zepartment 2. Public Works Department 3. Fire Department 4. Police Department 5, Pazks Department 6. Sanitary Service Company Volterra AZ-OS-039, C~,lP-OS-041, PP-45-039, PP-US-U40 PAGE 20 CITY flF MERIpIAN PLANNINCs DEpARTMEIVT STAFF RfiPOItT FOlt THE HEA,ItING DATE OF NOVEMBER 9, ?OOi 7. Ada County Higizr~ray Aistrict 8. Settlers' Irrigation District C. Legal Description A, Required Findings from Zoning Ordinance -- ~ t . Annexation 2 "~xeliminary Plat [Volterra) 3. Preliminarq.~!lat (Volterra South) 4. Conditional Use Permit.. - . _. 5. Planned Development M^,~.~-" -...~., -- _~__ VoIterrmAZ-OS-039, CUI'-45-041, PP-05.039, PP-0$-040 RAGE 2] CITY QF MERI.DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. DATE OF NOVEMBfiR, g, 2005 A. Drawings 1. Volterra Fire]imil~ary Plat (datccl: 07/21/US) • , ~ ~ ~ p' i ~ ~ f ~ +' lo6i ~fl 1 ~Y1 ~ 9 s i 1 I s rs ~ i, i ~ ^,,1 ~ , ~ ~i '~' tr~• y I ~~ I I ~ ~ .~ ~ `~• v • ' F r ~ I ' f ~ ~ ' i ~ 1 ~~ i !° 1 1:°:~i~~~ ~ ~ ~ ' s &E ~ '~i~~~ ~1 : ~ I $~~~;~ ~~~ j~~~~ r ~ ~ r ~~ ~ 1 a ~ ~ ~ ~ ~ ~ r,~ ~ ~ ~ ~ ,,~:~ 1.1! . ~ ~ r a r~ I ~ 1 i ~ ~ t I 'r L -~ ..~~ :Ir ;- Exhibit A -Page 1 CITY OF MERtDlAN PLANR'ING DEPARTMBIYT STAFF 2tEPORT 1~UR THE RfiARING, DATE 01F NOVEMBER 9, 20U5 ark 1 ~~~ ~ ~ i ~''~'1' sa. ;r~; ~. 9 S ~'~~y~ ~• r c ~ " "~. .~ i h - ~ 4 ." - ~~.. r) mw ar ~.~[ ~ Ar4ti `D i " e ~ ~ _~I ~ A i ~ ~ i I I i ' " I ~ , ~ - 6 i ~ ' ~ ~ f ~ I ~' I~,, ' ~ 6~ i i ; I 9 ~ \ ~ i i .-._ ~-~~ --~ ~ . ` r , . ~ r'~i ~ ' ~ ;! t~tM1IfB~ 8[IDni9{BIpK f .- ~w~WpP L.1._ i,I..~,. ~PR ~ •~ ..~ ,~ .., " I r ."w141N• •Q i~: r~:~i*r~tt~1 f.f~ r~ I :. IAA i ~• '• I ~ .r _,r;.. ~ f . ( _ 1 ,^ q • ~: ^ ~ ^ " f~/ i F •, . 1 R ~ ~ + ..• .a ~, ~, r, ell, irr . 1 rz ~ I4 w~tie" " 1 - ~.~ f , ' ~ ~~ ~ i ~ ~ t~ ~' :b~~ I r . I • tr • ~ `~ i~ ~ • I ' Ld I v fa • ~~ ~ ••N i ..fit .d • 1 , •~y ~ •~~ ,: ~ , S4 ~- , " r''-- ~Q Y'= Y'1 1 ~ i • w ~ ~• ~• .Ir J, ~ ~ • ~ ~ ~ ~ P ~ -r. ,T,f~ f .r I f. Y Rr i - G '' - - .. - _" I ~ '." ---~---~. ~J ~ ~ ! ~j I i'ii'tiTiP_ ~uu.R..,,R ~~.• l{ p~~ ~ pp~ ~ Y~(iO~~. PWy~~'t~ f 4M iw~~ 1 •.r. ~'~'**~IM ...... Exhibit A--Page 2 CTPY ©F A'1ERIDTAN PLgNNINQ DEPART1~fENT STAFF RL~1'ORT FOR THE HfiARlNG bA'i'E QF NO`V~MI3EK 9~ 2©OS I I ~.,~ s ~~ 1T1 ~- t ~"-~. t i =1 r aft ` i { 1-_ ,~ r~ ~ ~ " ! ., ~ a , I ~`~~ii ~ + ~ i :! 1 ~~~~ +C ~~ .$, ~~ ~~ ~ ~l r rr ', .....~. \.' fC'u.+P7"1 ®4~IMMa~T'd 9~_• ~~'~.~mv.~~ ~ ` ~~ I x `~ _ ty~ ~ .4 _ _ J : t •',i • ~ "~ ~ ~ U'` ±~ f f.. ~ ` .~ ~ ~~ ~ PS~ ~ I• 1~C r ~~ 1(r ' 4; I ' • ~ ~ •~ j ~ ~ • Y 1\~ ! • ~ ~ M i ~ ~ r t ~• ~ . }~ ,~ C i j1jC I:~t }~y~C ~ !~ _ 7 l f ~ \ ~E~' ~ ~~or"~:a~ .~...~ , ~ '~ ; _~ '~ ~ ~ ; ~ ' s ifs ~ ~ ~ ~ . ~ ~. j ~ ~' t °Fi _ fi ~~~ ~ ~~ .~ w'~ Y•, .Y ~ i 4 r,~ `~ ~~, 1 s ~ `:E i i Jp~~~ ~'! ~ ~ s . t ~ ~ _ °`~ -. = J / - ~ - ^, a r / { ~~ .rs ua* rme r~eru uv+.r ~ r ~ ~ ^_4_+cu AO.• 7YGaw..a of ~r ~i ~ s'a w. m.4 Vwig~ Exhibit A -Page 3 CITY OP MERIDIAN PLANNING DBPAkTMENT 5"TAFF REPORT FQ]r g'~g FIEAR~I~ICa DATE OF NOVEMBER 9, 2405 2. Volterra South (dated: 47/13/45 ---r--. ~49eA~rtr.~~~, aT'N1w~.r-4 •ni~~ ite: sr.' :~. -i~4'~ • ": ;•'L ei xn ! ~ i """•~~1><i7ai~N". ~ ~ I ~Y1~AUYYVNTfUJ ~t~ ~ _' ~ ~ ~ .... rI AtW81Atf1~[~B `. ~' . B,bflp5t Y~gl?.it a ~r d R~-r, 'a ~.,~ ~. apt .. J- X7166 ~ , rr !d ~ ! •~. ~~ -Yr•~, ~ JI - JI ~~ ~ w* s I I ~y I :..e, ~ 1 ~ ' .r J t r a •q r ~ ~w t ~ ~ ~' Ip ~, _ - ,~ - •~- -r •».sr~ 3 ~r Ji it ' ~i ~ ! •9K~•• J'i Sj 4p :t l- s' +` -- I !1 ji l 1~~ r~! F.~ ~ I >f~ ~ ~ ~ ..s a 1~.+1~ ' ~ L.~ 1ia''i i R ~ ^~_ ~ ~ ~ ~ • - .~- '~ I~ q -~ "i H: 'tap "; 1i, ^f •~ `f ,~ ~i i 4 ~.• l~ ,-.. .~• ~ ~: ..+ . i fa (r ~ , 1 fl J r ~ t! • ~ • .... r1,~.~,pl 1 S4ill~~~~~~1~11 • ~!' ~...a= ! 1 ~ ~~ v-`; ~ .fit! y ~ 4 9 ~!~ Exhibit A ~ Pale 4 CITY OF M)rltlDlAN PLANNING DBPARTMBN'Y' STAF): RRPORT FOR THE HEARiNO BATE OF NOVEMBER 9.2005 ~. cup ~ft$ plan (dated: osiz~~os~ rt ~ ~ `I r j0° 1 I S E ~ F • 1 i i~~ ~ 8 ~~,ii ~• ~~ (~ ~ a a I~~a~ ~~ ~ ~ ~ ~ ~ ~ F ~'s ~ i ~ I 1 p r m r,~F ~ ~ • I~~; ~ 1 ! ~ h :,• '`~' ~, to /_ 1 ~~ ~r ( ~..i Yf-~ I f~° ~_~ ai apt b ~ ~. s. ~~~ s~ ~ ~ ;r ,1.. ~ ~ 1 ~~•~s a' pis rt- G Yt 49 C !~ ! i ~ ~~ ~ ~~ ~~~~~~~~~~ i f 3 1 ~i stiir_ta.~n.~. ~ • m~ r .~~..w"n ^u°"~vniwr.,v ~-~-wau., ... _ ,_ +•~.~~.~`"".~ ~Y~~'~~.~_a ^-M witirRte... Ord,, .ao• ~~~~ vS^ I y, W ri.~i ~ ~.•s~+.rwr Ex~iibit A - pale ~ CITY OP MERII1fAN PLANtvING DEPAk'1'Mf?NT STAFF AEPORT FOti THE HEARiTdG. DATE OF NOVEMBBit 9, 2003 .~.A~ ~ ~ .-~. °iAtlrO r,N N~ 1 'i .. ( ~t Y ~p M L ~ i~ -~~ ~ N ' { ~ ~~ ~~C t, ~ ., ro w ~ 1.. :~Ij+:l ~a ~:f ~ ~~ ~s s yl 1I :~ I R ~f~0or ` +~+ 7 { l I ~ j'~ r I T ~~~ t y~ .~ ~~ a . ~ ~ 1 ,~ ~ I+ -~--~~. t.._ 1 ~+~r I r~'I S7 i 8'i~i ya4"{fli'Y I~IaWr __d.. ;y t ,. ~1 iy~ r `~• ' I i. ~ 1<.a d ~ . 1 ^ r ~ (iMEV~PS'JFI~IYhu~ • I Mlr a }. '~i:: + • r~ ~ o• .n Exhibit A -Page 6 CITY O~ MERIDIAN pLAN13INC DEPARTMENT STAFF REPORT FOR THE }IEARI3vG.I)ATE flF NOVEMBER 9, 20{15 TBt g9' j .p! ~-i rA4 flm aw ' ~~L ~^aAn )Nl ^:mt i ~~ ~ ~'~'~ 1 ;. i+~ Iii ~•~~~ ~`'~/._~ Exhfbit A - Fage 7 _ j '' r.• , I: 1 "'1 •• .~ ~~...... ~~ j ~,~ ~ ~_. _ r,r~-~f~`t"~ ~~•j~ -~....: I!!II ~• ! - 4~ ~ ~ ~ ~ 3 ~~~..~. ~. ~ 1 %~. r ._ ~ ~~ tl -~• .6 ' •. .r. ~„ , L•~'_.L.__~. -+~..-~.-'k q1i R r ~' ~? a I~ L. ::~~ =`i . ~,.... _-~ ~ t ~ J1 Y' + ll.q. JM-]tr fr U~ !lL7fY ~~f{1MJ WW1lrl~~.r y~~ CIi'Y OF MiwRiDiAN P);ATtNING DEPARTMENT STAFF REPORT FOR Ti;E F{EARIAIG DATIr OF NOVEMBER 9, 2083 N ~ ! ~~ .mi.w~e'~..•RtiYY wa'~~w"'ti. i yy »~r_~.,~1! ---s~i,~,,•.q_. _ /M ~/J~{ Y~%, ~ n Mi ~ ~7WIM, ~hi~~M ~ 'f!.1~. -r ~~~~/~dy -~ ~' u~~ a~a7G S • _ _ ~' ~ ~ e ., j ~{ ~.~: c~ ~c~ __~ ~ 'dry.--l. ..A. _ ~~_ =~~ ` _•' ~ ~ ~ .1 ~ ~~~ ~ ~ ~ i~ . ~.7` ..y~ it "i'~ 1~.«~~1 • _ ~: 1 j' ,,• ~ .._ ~ - ~f ~ ~ ~ ~.. aye.. I I~ ' ~~ C~'~ i~ J ~!t'~ ~ ~~ ~ ; i~ ~ ~ i .r ~i:.j I '~ ..~ ~; : ! ~ _ ~s a ~i w. ~rtRl~~ ~ 1 4Mlatps ~~~i~ ~ A '! F = ...~! Sjjti ~t~~~ 1"'a'~-1L --~8. i c~ ~. •m. ,,~ tr A ~y N .~ ~ Exhibi# A -Page 8 CITX OF MBRIDIAN PLANNINCr DEPARTMENT 5TAFF REPORT FOR THE HEARING DATE pF NOV$MBElt 9, 2pp5 4. Landscape Plan (dated: 06/21/05) k ;~~ ~~ -= } .t ~ t~ t ~ ~ .. J rt ~~~ t :..' f ,~ 1~ .~ i - t ~' ~r :~_ , . ~~ i 'E~i, i„ ~ r ~. t. 1 i• t~J r 1 ~. a ' ~~ ~' rr ~ ,. ~::~i - i F ~~ ~ ~ ~ ~; ~i`~: aty o.q a>ld. ~- alit Y:., ~"~T McNd~ni~ss ~ . •~ ~ I . i a-rra:! _ ~ , ~ ~ ....mot z .. t~ ~ ' ~L _ !t ~ i ~i t ~:~~~ 1 y ~ ~ ~~ F~~ ~ j ,;r jy+~js; _~~r 7r 5~t~; i 11 _'~c~~ . ~ •~ 4, /~ ii I'i~ r ~~~ j ii F Q ~ ~: ~ft~l4ta~~ ~-_ ,: ~€-=• ., is . _ ~ $t III Bn I ` ~ ! a! ~fi= gl i i ~ ~ y a x ~, ~ 3' ~ ~~I I ~i i I ~~ ~tir t I ~ _ ~ _I ~ t~ ~ y s ~y ~ yyY~~ t CJ t1 ~,~ ~ ~~ ~ ~~ .I •. _ Mf ~ i .Y ~l~~t r, :,: ~. .i "~~~', ~~~~ rb 4! f ±t ~ ` Exhibit A -Page 9 CITY OF i1rIERIDIAN ALANNING I->r]'ARTMfiIVT S'I'AFF REPORT FOR THE I~iEARINCs DATE OF NOVEMBER 9, 2005 i ~~ 7«...., ~ ~. .. . i ~ ~~ .. f -.. • .., 1 - -- I I ~ ~- ~' ~' _ ~ _. I e ~, '~ ~ T .. ~t ~ ~~1 ;y _.1~ -. •~ 1.k '~ ~~ y ~: ~{ otel ]pig PJia ~._r. _..' ..~ _.i _,. ..~- ~.~ ~'..~' _ Tom. ' ~~ y; ~ ~ i i 1 I 7= !I 6 7l ___._ r~ _ • .G 11 _.. .~ ,~ •. ~' i I ' .. -- fi•~~'- _' .•f' ~. ~~~ ~ 'f •, ~'~ ' ~ ,t r p~r~ •• __ it . `1 ~ ' 1 ~~ 1 L ~ 1 - - _t j - 1 /j . L ,~ 1 ~' ~- 1 .,: -~1 a' •' ~j ....~ Exhibit A -- P:;ge I ~ CITY OF MERIDIAN PLANNING DEPAR'Igy~E}~tT STAFF RBPpRT FpR THE HEARING DATE qF NOVEMBER 4, 2005 Exhibit A -Page I 1 CITY OF MEEtiD1A1V P~AN~iING I)EPA RTMENT 9TA~'E REPpRT FpR THE NEA.Lt!?VCr DATE OF NOVEIy~BER 9. 3DD5 r`• ,~ ~-.~.wH .,~..` 1 ~~'~i~•ir•'I i~/LO~ PAS I '~ f ~ ;~~~I ~~ .. ~~~ - -' i , ... it 1 ~~ ~ ~ i E_._ f ~" I -' kr' ~-~<.so-s'r I ,` .{ i•~ t • '~ .5 t ~ ~ ~~ - ~ _ ~ ~ .•~"~ ~. ~,,.rt` ~.^ ~- 1. ~.. ``• _ ~ 1 ! ~ I ! t , i ~• , ~ ~ ~•" ~ - 1 ~ ~ ~ ~ tai .i^ +'~ :1 ~~ I -~ ~ - • e m ~ ~ "~i ~~ . I ~. ~ ~~ ~ r ~ l7 1^ ' , •~ ~ A:' ~ J~ ~ 1. `. a ~, • i. ~ ~ •i rM~rrrrwAhrrr~ ~ '\\Q p H rwrr ATii.~4 r. •~ ' ?' :6T1. r tiw~Y wra rr rLwti ,R i f. .~ ..4 ~ ~ ti Y -_ ~~„~Ri Exhibit A -Page t2 CITY OF MEEt,IDIAN PLANNING DEPART14iENT STAFF TtEPQRT FOR THE HEARING.DATE OF NOV1rMEER 9, 2405 ~,a: . ~ J ~ s ._ _.. 71 r ~ _ ..... ~ ~ ._~ ...~. _ ~ _ ,p9~ eua~jdj~ ~ f( ~~ ~ , :. ~i _ ~ _ .__ ~ 1 ±1s3`.i~'.f.'I~.'Li .fin ~ ~ _ I it ~ ~.+,.lr"C.~', tiff .~.~~rs.~rr . - L ._ I I• . L. _. ,.I r. titir~~~+aaa^ •f Y.' Gt dY t =n-sw w arr.~.~..a~~ ala+.~a f n-' ~' -~ ~ t. $4n y. .aagwa.r wa rwr raa.~sa~.a~.. are, ~• ` I 1 ~• • ,• ~I# s~~~^f 111'1 •`~~~~' S ..4 ~~ t l ~ ~ 21~ ~ •~ _" '+~..' , '`~''`-. a ~~ _ _I `'.: __ '_~+ ~ ~ fir- 1 ''~:.. ~ a _ __ ~•, ~ t :..~ 1 ' t.• f 1 ~f l f 44- E~thibit A -Page 13 C1TY pF MER1plAN PLAA'NING DEPAItTMFNT STAFF .[~PbR,'~ FOI2 THB HIrARJNG DATE OF NOVEMBER 9, 2005 '~ ~ f ~i~ cc ih3ts~7b,~j' A" ~.a~r~i~ ;~ r I 77-~^^ ~ ~~ -.~ .. _ ~, - it , ~}. a=- ~` ~ ~ :~ x+- w! ~ . • X38g d r 6 ~• 'e~ ~', ;s ~ a I ~ ; ~ Exhibit A -Page 14 CITY OF MEItID]AN PLANNING DEPARTMENT STAFF REPOitT FOlt THE HEAr<1NG DATE OF NOVBMBLR 9, 2UOS B, Conditions of Approval, 1. Planning Iepartment 1.1 SITE SPEC.XFIC REQUIItEME~S PRELIMINARY PLAT {VpLTER1tA, PP-OS-039) 1.1.1 The preliminary plat labeled as Sheets 1, 2 and 3 prepared by l/ngineering Solutions, LLP, dated July 21, 2005, is approved, with the conditions listed herein. All conlrutents/conditions of the accompanying Annexation and Zoning {AZ-OS-040) and Conditional Use Permit (CUP-OS-041) applications shall also be considered conditi ons of the Preliminary plat {X'I'-OS-039). l .l .Z The planter strip between the curb and the neaz edge of the sidewall~ or multi-use pathway, along all the internal streets with detached walks shall be a minimum of 8 feet wide and include Class II trees. 1.1.3 Construct a 10-foot wide multi uss pathway along Malta Drive and Gondola Drive, from Ten Mile Road to Black Cat Road, as proposed. Class II street trees shall be placed between themulti- usepathwayand the curb of the adjacent street (see Conditions ] . l.2 above}. 1.1.4 1n addition to the pedestrian connections proposed, construct a micropath in Block 37, generally between Lots l1 and 12. All micropaths shall be constructed at least S feet wide and include 5- feet oflandscaping on each side of the pavement, 1.1.5 Graphically depict a 20-foot wide landscape buffer easement along the L-O zoned lots that abut single-family lots. Said buffer area shall contain materials iu accordance with MCC 12-13-J.2-3 and not include impervious surfaces such as parking areas or driveways, 1.I.6 Depict, on the face of the plat, at least a 2S-foot wide landscape buffer along Black Cat Road, Ten Mile Road, and McMillan Road, Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sangro Way, Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive). Said landscape buffers shall be in a comrrlon lot within the R-4 zones and may be in either a common lot or an easement adjacent to the L-O and C-G zoned lots. 1.X.7 fihe landscape plan prepared by Harvest Design, P.C., labeled Sheets LS-0, LS-1, LS 2, LS-3, LS-Q, LS-5, and LS-6, is approved with the following change(s): • Construct the required trees along McMillan Road, that are currently proposed witb~in the McMullen Later Easement, to be outside of the irrigation district's easement • Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. With fihe fsnal plat application, submitted revised copies of the landscape plan with the changes listed above. tither than the changes listed herein, the approved landscape plans is nat to be altered without prior written approval of the Planning Department. 1.1.8 Maintenance of all common areas shat! be the responsibility of the Volterra Subdivision Homeowners' or Business' Owners Association{s). 1.1.9 ~g~r-foot tall solid fencina, with iwo-feet of 1 'ce o to a con eted ad'a tit to ' terivr o eu s aces an 'crv- uatbs. 1,1.1 U Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. Exbobit B -Page l CITY OF M~RIDIAtJ PLANNING llEPARTA+~EtdT STAFF MiEPOR7' FOR TH8 HEAEtITIG DA7'L ©F NOVEMBER 9, 2t-OS l .1.11 Provide crass access/cross parking agreement(s) for all of the L-O and, C-G lots to use the ACHD approved driveways and parking aisles as access to the public street system. Maintenance of the aisle encl. parking areas shall be provided for in a note on the face of the final plat, AN!D/OIt in a document such as CCR's. 1.1.12 Other than the accesses approved by ACRD, access to Ten 1V.Cile Road, McMillan Road axed Black Cat Road is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road, McMillan Road and Black Cat Road. l .2 GEI+TEItAl:. REQUIl2EMEATTS--PRELIMIlVAR.Y PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-I3-10-$. 1.2.2 All. areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13~14 and shall be fully vegetated with grass and trees. Sand, gravel or other non vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preluninary landscape plan and where staff has reviewed suelt plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff; If the stormwater detention facility cannot be incorporated into the approved open space and sti11 meet the standards of MCC 12-13-14, then the applicant shalt relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACffi?, City of Meridian and all other regulatory requirementts at the tune of final construction, 1.2.3 The applicant shall submit a detailed fencing plan with the frnal pla# application for the subdivision. If permanent fencing is nofi provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed iaa accordance with City Code. 1.2.4 Any tree over 4" in caliper that is rexuoved tram the property sha1I be re laced b additional trees, being the equivalent number of caliper inches of trees that were removed Required landscaping trees will not be considered as replacement trees fax those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural watei~cvays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-] 3, unless otherwise approved by the Irnigation District{s). 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.ti Staff's failure to cite specific ordinance provisions or terms of the approved annexatZOtt/conditionaluse does not relieve the applicant of responsibility for compliance, 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.1B SITE SPECIFIC R,EQL;~R,EMENTc.-.PREL>A,iTNARY PLAT (VOLTERitA SaUTg, pP-0S- o4a~ 1.1.1E The preliminary plat labeled as Sheet 1 prepared by Engineering Solutions, LLl', elated July l3, 2005, is approved, with the conditions listed herein., AI! comments/conditions of the Exhibit B -~ Page 2 CITY OF MERit3iAN PLANNING DEPARTMENT STAFF REPORT FOR TIiB HEARING. DgTB OF NOVEMBER 4, 2005 accompanying Annexation and Zoning (A2-OS-040) and Conditional Use Permit (CiJI?-OS-04l ) applications shall also be considered conditions of the Preliminary plat (PP-OS-040}. I.1.2B The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached walks shall be a minimum of 8-feet wide and include Class II trees. 1`1'3$ xovi a edestri n connettian into this site r - i Upriver Drive ~ Drawbridge Subdivision ~i~i-she from, ,the south. 1,1.48 Graphically depict a 20-foot wide landscape buffer easement along the west side ofthe L-0 zoned lots that abut sirxgle-family lots. Said buffer area shaII contain materials in accordance with MCC 12-13-12-3 and not include impervious surf aces such as parking areas or driveways. I ,1.SB Depict, on the face of the plat, at Least a 25-foot wide landscape buffer easement or lot along Ten Mike Road and McMillan Road. Depict on the face of the heal plat a 10-foot wide landscape buf3Fer easement adjacent to the commercial portions of Sangra Way az~d Farina, Drive. Said landscape buffers shall be in a common lot withinthe lt-4 zones and may be xn either a con~imon lot or an easement adjacent to the L-O and Cfix zoned lots. 1. i.6B The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS-0, LS-1, LS-2, LS-3, LS-4, LS-5, and LS-ti, is approved with the following change{s}: + Construct the sidcwalk on McMillan Road on the south side of the Settlers Canal. Comply with ACHD's r~uirements for construction and easements. • Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. • All micropaths shall be constructed at least 5 feet wide and include 5-feet oflandscaping oxx each side of the pavement. With the final plat application, sub~anitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department 1.1.7B Maintenance of all con~tnon areas shall be the resgansibility of the Volterra South Subdivision Homeownez~' or Business' Owners Association(s). 1.1,8B - eet of 1 tti an m be co strutted ad scent ' tenor o e ~s ae . anncin ~~ Maths. etc 1.1.9E Frior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. l .1.I0B Provide cross aceessJcross parking agreements) for all of the L-Q and C_G lots to use the ACS approved driveways and parking aisles as access to the public street system, Maintenance of the aisle and Barking areas shall be provided for in a note on the face of the final plat, AIVD/QR in a document such as CCR's. 1.1.11E Other than the accesses approved by ACRD, access to Ten Mile Road and McMillan Road is prohibited. A, note s1ia11 be pXaced on the final plat restricting access to Ten Mile Road and McMillan Road. 1.1-12B All irrigation ditches, laterals or canals, exclusive of natural waterways, the White Drain and the Settlers Canal, intersecting, crossing or lying adjacent and contiguous to the area beiuag subdivided. shall be tiled per MCC 12-4-13, unless otherwise approved by the City anal the Irrigation District(s). Plans will need to be approved by the appropriate irrigationldrainage Exhibit B -Page 3 CITY Q~ MERip1AA' PLANN[NG LIEAARTII+[ENT STAFF REPORT FOR THE tiEARTNO bAT$ pF NOV1;MBl;lt 9, 2005 district, or lateral users association (ditch owners), with written approval or xton approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engitxeer prior to ft;aal plat signature. rl'Ve. -- - - - - ., °•••• °•,~au rxircei ~~ 43414354 ft"Olrl L S1Ha 1.2.$ GENERAL REQiJIREMENTS PRELTMINARyP1,AT 1.2.iB Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision, pursuant to MCC 1Z-13-10-$. 1.2,28 All areas approved as open space shall be free of wet ponds or other such nuisances. All statmwater detention facilities incorporated into the approved open space are subject to N,[CC 12- 13-14 and shalt be fully vegetated with grass and trees. Sand, gravel ar other Wort-vegetated stuface materials shall not be used in open space lots, except as permitted under MCG 12-13- I4. 'Where the applicant has submtted a preliminary landscape plan and wlxere staff has reviewed such plan, the Iandscaping shall be consistent with the preliminary plan with modifications as proposed by staff: If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of IViCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable rot or developable area. Tt is the responsibility of the developer to comply with ACRD, City of l1+leridian and all ether regulatory regnireno,ents at the time of final construction. 12.3B The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. Tf permanent fencing is not provided, temporary constructiox fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Cade. 1.2.4B Any tree over 4'° in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered, as replacement trees for those trees that have to be mitigated. 1.2.5E 5tafif~s failure to cite specific ordinance provisions or terms of the approved annexationlconditianal use does not relieve the applicant of responsibility far compliance. 1.Z.ti$ Preliminary plat approval shall be subject to the expiration provisions set forth in I1~CC 12-2-4. l.3 S1T$ SPECIFIC REAL]TC~ElYII~NTS-CO1~Ti7ITIONAL USE PERM!'.C (G'Up-OS-041) l .3.1 The site plan prepared by Engineering Solutions, LLP, dated June 27, 2005, is a ov conditions listed herein. Applicant shall meet all of the requirements of fihe Annex~tionhattd Zoning {A2-OS-040} and Preliminary 1~1ats {PP-OS-fl39 and pp-OS-040) as a condition of the Conditional Use P'Ernlit {CUP-OS-041). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: • Lot Size - 5,000 sq, tt. (minimum){attached) 7,000 sq. ft.{minimum)(detached) x.ot Frontage - 4Z feet {ntinirnum)(on straight-away) 35 feet {xrlinimum)(chord length on a eulde-sac or curve) Exhibit ]3 -Page 4 CITY Ofi MERIDIAN PLAIVNIiVG DEPARTMENT STAFF REPORT FOR THE HEARING OATS OF r'OVEMBER 9, 2005 • laCouse Size -1,20Q sq. tt. {minimurn)(a#ached patio home) • ~esideu#ial $uilding Setbacks -The following lots may Rave a 0 foot side setback on one side: Lots 6-19 & 21-32, Block 3, Lots 2-i3, Block 4, and Lots 2-17, Block 5, 1.3.3 As amenities far the subject planned develogme~at, construct: a 10-foot wide asphalt pathway from Black Cat Road to Ten Mile Road; set aside ~ 24.4 acres .9 acres lu VoZt~r,~a Nortb: and 1D.5 acres in Volte South for co%mon useable open space (39 acres including street buffers); construct a pool with restrooms and changing areas, a water feature, and tot lot play area within the 10.2-acre private park on Lot 11, Block 21; and a 2.97-acre private park with a tot lot and plaza area on the south side of McMillan Road. 1.3.4 Construction; within Volterra Subdivision and Volterra South Subdivision shall substantially comply with the elevations submitted by the applicant at the Flauning & Zoning Commission meeting. Construction materials used on the structures shall be approved by the City of Meridian Building Department and ir- accordance with the most recent Buildixtg Code_ 1.3.5 Pro ' e rasa a d o er ads I the 'te Drain easenten allowed Setti_. ers' I,r~rlga 'on Distric# tflrough a ilcense agreement Z. Ppbfic Works Depau~tment Site Spec'if'ic Comments for Volterra Subdivision 2.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This azea is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is early 2008. )T this development is approved, it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of Iand shown to be severed by the master sewer plan from the Ten Mile Think. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be severed only at the Public Work's director's discretion. No substandard grades shall be allowed, nor artriicial fill designed. to increase sewer expansion. 2.2 At such time as this development is serviceable by the City af' Meridian's sewer system, the applicant will be responsible to construct mains to and through this development, coordi~na#e xx~ain size and routing with the Public Works Department. The applicant shall execute standard forms of easement far any mains that are required to provide service. 2.3 No "temporary" or "interim" Iift stations shall be allowed in this development. 2.4 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-$. Wells xnay be used far nan- domestic purposes such as landscape irrigation with approval for Idaho Department of Wa#er Resources. 2.S Meridian City Code 12-5 2 N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Exhibit B -Page 5 C11`~Y 0~ MERip1AN PLANNING DEPAI+T.7'MENT STAFF Tt~ppRT FOR THB I3EAR[NG. DAT>r QF i+iOVEi41BER, 9, 2fl65 Homeowners Association., a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the frr~al plat of the last phase by the City Engineer. 2.b The City of Meridian requires #hat pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle--point connection to the municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.7 Water service to this site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with tLre Public Works Department, Applicant to execute City of Meridian standard forms of easements for any mains that are required. to provide service. 2,8 This development is on the west side of Ten Mite Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to protect this boundary. Each pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Seada system. Coordinate location and number with Len Grady at the public Works Department, 2.9 Provide a 20' easement for all public water/sewer main outside of public right of way (include alI water services and hydrants). The description shall be consistent with the graphically depicted easements an the plat. Submit an executed easement (supplied by public Works), a legal descrip#ian, which must include the area of the easement (marked EXHIBTr A) and an 8U2" x 11" map with bearings and distances (marked EX~IIBTI' B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. A.dd a note to the plat referencing this document. 2.1 Q Na large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specificatiorx 7.U7(w) note 3, 2.11 As each commercial and office lot develop 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, IQ-1-91) for alI oil=street parking areas, Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm W titer Best Management .Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a 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 I;tepartment of Water Resources regarding Shallow Injection Wells. 2.12 The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant - slrall move all off street drainage ponds into common lats/non-buildable lots, or submit written approval from ACRD that they accept the Location. This shall, be done prior to signature of the City Engineer on the final plat. 2.13 Vacate any recorded existing drainage or irrigation easement of facilities that are being relocated or abandoned. This includes but is not limited to the McMullen. If they are proscriptive, they need not be vacated, TTowever, if they are a recorded easement, the applicant will agree to vacate them. Exhibi t B -Page ti CITY OF MERIDIAN PLANNING llEPARTMBNT STAFF REPORT FOR THE HEARING.DA'i'E OF NOVEMBER 9, 20dS 2.14 Verify that the unnamed ditches that are shown as being abandoned, do not serve any downstream users. ~ these ditches are still being used, the applicant shall pipe these facilities or maintain them as per state law. 2.15 Dedicate additional width to the Public X7tiJities, Drait-age, and Irrigation easement along the collector streets. There needs to be I4-feet of free atrci clear easement beyond the three-feet of sidewalk that encroaches out of the right o~ way. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing shad be installed, drainage lots constructed, and the Final plat for this subdivision shall be recorded, prior to applying for building permits, 2.17 A letter of credit or cash surety in the amount of 114°~o will be required for all uncarrrpleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc-, prior to signature on the final plat. 2.I8 All development improvexrrents, including but not limited to sewer, fencing, micro baths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 42-374. 2.24 Preliminary plat approval shall be subject to the expiation provisions set forth in MCC 12-2-4. 2.2.1 It shall be the responsibility of the applicant to ensure that all development features eompIy with the Americans with Disabilities Act and the Fair .Housing Act. 2.22 Applicant shall be responsible far application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 444 Permitting that may be required ay the Army Corps of Engineers, 2.24 All grading of the site shall be performed in contformance with MCC 11-12-3~. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all buuilding pads receiving engineered back£ilI, where footing would sit atop tll material. 2.2b 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 I -foot above. Site Specific Comments Volterra South Subdivision 2B1 A majority of this development is not currently serviceable by the City of Nleridiatr's sewez system, This area is master planned to drain to the yet to be built `North Black Cat T.ift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completivn date is Exhibit B - Fage 7 Cl7'Y OF MEEt1AIA,N PT.ANNING DBAAdt'I'MENF STAFF RLpol{T FOR THE HEARIiVti DATE OF NOVEMBER, 9, 2005 early 2008. Tf this development is approved, it shall be subject to the North Black Cat sewer system being available. The applican# shall be able to gravity the portivxt of land shown to be sewered by the roaster sewer plan from the Ten Mile Trunk Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work s director s discretion. No substandard grades shall be allowed, oar artificial fill designed to increase sewer expansion, 2B.2 At such time as this development is serviceable by the Ciry of M'eridian's sewer system, the applicant will be responsible to construct mains to and through this development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard forms of easement for any mains that are required to provide service. 2B.3 No "temporary" or "interim" lift stations shall be atIowed in this development. 2B.4 Meridian City Cade I2-5 z-N requires that any new development shall provide pressurized irrigation. Tlxe applicant has indicated it is to be a private system awned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted priox to signature on the final plat of the last phase by the City Engineer. 2B.5 The City of Meridian requieres that pressurized irrigation systems be supplied by a year-raun~d source of water. If a creek or well source is not available, asingle-point connection to the municipal water systear shall be required. Xf a single-point connection is used, the developer shall be responsible for the payment of assessments far the common areas prior to signature om the final plat. 28.6 Water service to this site is being proposed via extension of e~cisting mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the public Works Department. Applicant to execute City of IVXeridian standard forms of easements for any mains that are required to provide service. 28,7 This development is on the west side of Ten Mile Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing VauIt's that arc necessary to pmtect this boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Scads system. Coordinate location and number with Len Grady at the Public Works Department. 2B.8 Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement {supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8312" x 3I" map with bearings and distances {marked EXHIBIT B) for review. Both eYChibits must be sealed, signed and dated by a Prafessiona.I Laud Surveyor. T10 NOT R1.CORD. Add a xtote to the plat referencing this document. 2B.9 No large landscaping shall be allowed within S-feet of a meter tile, per City of Meridian Standard Specification 7.07{w) note 3. 233,10 As each commercial and office lot develop a drainage plan designed by a State of Idaho licensed architect ar engineer is required and shalt be submitted to the City Engineer (Ord. 557, IO-I-91) far all off-street pare areas. Storm water treatment and disposal shall be designed in Exhibit S -Page 8 CITY OF MI;RID]AN PLANNING D,EPARTM$NT STAFF REPpRT FOR TEIE fIGAiLiNG DAT]~ ClF NOVEMBER 9, 2005 accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream, provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Tdaito Department of Water Resources regarding Shallow Injection Wells. 2B.11 The preliminary plat depicts drainage ponds being constructed on buildable .lots. The applicant shall move al! of3f street drainage ponds into common lots/non-buildable lots, or submit written approval from ACRD that they accept the location. This shall be done prior to signature of the City Engineer an the final plat. 2$.12 Vacate any recorded exist7tig drainage or irrigation easements of facilities that are being relocated or abandoned_ This includes but is not limited to the White grain, 2813 Dedicate additional width to the Public Utilities, Drainage, and 1'riigation easement along the collector streets. There needs to be ZO feet of free and clear easement beyond the three-feet of sidewalk that encroaches out of the right-of-way. 213.14 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots corisiructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2B.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized itrigatian, sanitary sewer, water, etc., prior to signature on the final plat. 2B.I6 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. 2B.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 signateu~e pn the final plat per Resolution 02374. 2B.1$ Preliminary plat approval sha11 be subject to the expiration provisions set forth in 1VICC 12 2-4. 28.19 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, 2B.20 Applicant shall be responsible for application and compliance with and I'JPDES Permitting that may be requred by the Environmental Protection Agency, 28.21 Applicant shall be responsible for application and compliance with any Section 404 permitting that may be required by the Army Corps of Engineers. 28.22 All grading ofthe site shall be performed in conformance with MCC 11-12 3H. 28.23 Compaction test results shall be submitted to the Meridian Building Departmenrt for aII building pads receiving engineered backfill, where footing ~vauld sit atop fill material. Exhibit B -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH8 HEARING DATE OF' HOVEMgER 9, 2005 28.24 The engineer shall be required to certify that the street centerline elevations are set a n~iaimunn of 3~feet above the highest established peak groundwater elevation, This is to ensure that the bottom elevation o~the crawl spaces ofhomes is at least l~foot above. 28.25 .Any existing domestic well andlor septic systems within this project shall be removed from domestic service per City l3rdinance Section 9-1-4 and 9-4-8. 'Wells may be used for npn- domestic purposes such as landscape irrigation with approval for ldaho Department of Water Resources. 3. lVleridisn Fire Department 3.1 One and two family dwellings will require a 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 540' apart. Inte~natianal Fire Code Appendix C 3.2 Acceptance of the water supply For hire protection will be by the Meridian Fire Department and wa#er quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fite Department (see Comment Y in Section 3). a. Fire Hydrants shalt have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. ~. Fire hydrant markers shall be provided per public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, as clarified by the Fire Department. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 1.8" above finish grade. h. Fire hydrants shall kie provided to meet the requirements of the kFC Section 509.5. 3.4 The phasing plan may require that any roadway greater than 150' in Length that is not provided with an outlet shall be required to have am approved turn around. 3.~ Ali entrance and internal roads shall have a fuming radius of 28' inside and 48' outside radius. 3.6 All common driveways shall, be straight or have a tunzing radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Far all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane", as clarified by the Fire Department.Insure that all yet undeveloped parcels are maintained free o~ combustible vegetation. 3.8 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. - 3.9 Building setbacks shall be per the ~ternational Building Code for one and two story canstrttction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements azxd shall have a clear driving surface, available at all times, which is 24' wide. Streets with less than a 29' street width shall have no parking, Streets with 1~ than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Exhibit S -• page 10 e1rY OF MBRIAIAN PLANNiiVG DEPARTIv1ENT STAFF REPORT FOR'rH8 HEARING DATE ©F 1~tOV'EMBER 9, 2fl05 3.11 Commercial and office occupancies will require afire-flow consistent wi#h the International Fire Cade to service the proposed project. Fire hydrants shall be placed per .Appendix D. 3.12 1"he fire department recluesis that any future signalizatian installed as the result of the development of this project be equipped with, Opticam Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cast of this installation is to be barge by the developer. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 Provide a Knoxbox entry system for the complex prior to occupancy. 3.15 The first digit of the Apartnrtent/O~ece Suite shall correspond to the floor level. 3.16 All aspects of the building systems (including exiting systems}, processes & storage practices shall be required to comply with the International Fire Code. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.1 S ViThere a portion of the facility or building hereafter constructed or moved into or r~rithin the jurisdiction is more than 400 feet (122 m) from a hydrant an a fire apparatus access road, as measured by an approved mute aroiuid the exterior of the facility or building, on-site lyre hydrants and mains shall be provided where required by the code official, For buildings equipped throughout with an approved automatic sprinkler system installed ~, accordance ~~ Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183}. 3.19 For Group R 3 and Group U occupancies, the distance requirement shall be fi00 feet {183 m}. 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 s1~all be 600 feet {183 m). Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DIVS. 3.20 Pool chemicals shall be stored in compliance with the International Fire Code. 4. PoUce Departmment 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway Distract to provide traffic calming design to decrease travel speeds on Gondola and Malta, 4.2 The pedestrian access to the proposed clubhouse is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is.used. 5. Parks )deparhnent S.1 Pathway and Trail standards; pathways and trails to be constructed as directed by the Parks Department. 5.2 Standard for City to assume Maintenance of a section, of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. S.3 1Vli>ximum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed Exhibit B -Page 11 CITX OF MI±RTDIAN PLANNTNG DEPARTMENT STAFF REPORT FOIi THE tiEARTNO DATB OF NOVEMBERl, 2005 on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. It the applicant intends for the City to operate and maintain the ZO acre park, then the design standards of the City ,must be met. 6. Sanitary Set•vice Company 6.1 Please contact Bill Gregory at SSC {888-3999} for detailed review of your proposal and submit stamped {approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Votteria Subdivision 7.1 Do not dedicate any additional right-of--way on McMillan Road, but construct a 5 foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along McMillan Raad. 7.2 Construct a 36-foot wide {maximum) curb return type driveway {full access) that intersects McMillan Road approximately 380-feet west of Ten Mile Road and aligns with a driveway that is proposed with the Volterra Subdivision South application, as proposed. 7.3 1{or the first i7S-feet, dedicate by donation a total of SO-feet o£right-of way froxa file centerline along Ten Mile Road, and construct a S-foot wide (m~inunum) concrete sidewalk within. the landscape buffer (with, are easement granted to the District} along Ten IVlile Raad. At 175-feet north afMcMillan Road, taper the right o~ way at a 10 to I ratio to 38-feet of r;.ght-of-way from the centerline of Ten Mile Road. 7.4 Construct a main entrance roadway {West Milano Drive) to intersect Ten 1Vlile Raad approximately 830-feet north of McMillan Road to align with the main entrance roadway to Verona Subdivision, as proposed. 7.5 Construct a main entrance roadway {West Malta Drive} to intersect Ten Mile Road approxizxtately 140-feet south of the north property line to align with the main entrance roadway to 'Verona Subdivision, as pr©posed. 7.6 Construct a 36-foot wide (nnaximum) curb return type driveway (full access) that intersects Ten Mile Road approximately 430-feet north of McMillan Road to align with a driveway that was previously approved with Bridgetower Subdivision, as proposed. 7.? Dedicate by donation a total of 48-feet ofright-of--way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Raad, located a nainimuin of 41-feet from the centerline of the right-of-way, as proposed. 7.8 Construct a main entrance roadway (West Gondola Drive) that intersects Black Cat Road approximately 40-feet sateth of the north property line, as proposed. 7.9 Cansiruet the internal streets as 36-foot street sections with rolled curb, gutter and 5-font attached concrete sidewalks within 50-feet ofright-of-way, as proposed. ' 7.10 Construct North San Vito Way, West Gondola Drive and West Malta Drive as standard residential collectors with 36-foot street sections that include vertical curb, gutter and S-foot detached concrete sidewalks within 50-feet ofright-of--way, as proposed. Comply with the District's 'T'ree Planter Width Interim Policy. 7.1 I Construct West Milano Drive and North Sanoro Way (from Milano Drive to West Divide Creek Drive} as 40-foot street sections with vertical curb, gutter and 5-foot attached {or detached) Exhibit B -Page 12 CIT'S' OF MERTAIAN PLANNING C1$pAitTMENT STAFF RP.FORT FOR THB FIEARING, DATE OF NOVEMBER 9. 2405 concrete sidewalks within 54-feet of right-of--way, Comply with the District's Tree Planter'Widti~ Interim Policy. 7•l.2 Construct a stub street {West Wapoot Street} to the west property ,tine approximately 1,100-feet north of McMillan Road. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 7.13 Construct a stub street (North Napoli Avexnxe) to the south property line approximately 1,754-feet east of Black Cat Road. Install a sign at the terminus of the roadway that states, "tiara roadway will be extended in the future." 7.14 Construct a stub street to the north property line approximately 330-feet east of Black Cat Road. Install a sign at the terminus of the roadway that states, "this roadway will be extended irl the fixture " 7.15 Extend five stub streets from the north property line into the site from Bainbridge Subdivision, as proposed. 7.16 When the commercial and office lots develop in the future, construct the driveways to be a maximum of 3b-feet in width artd be Located a minimum of 50-feet from any street intersection. 7.17 Construct three cul-de-sac turnarounds within the subdivision (two with center islands), as proposed. Construct the turnarounds to provide a minimum of turning radius of 45-feet and to provide a minimum street section of 29-feet an either side of the islands {if an island is proposed within the turnaround). Construct the islands within the turnaround to be a minimum of 4-feet in width and be a rrunimum of I00-square feet in area, 7.18 Construct one Imuckie with a center island within the subdivision, as proposed. Construct the knuckle to provide a minimum street section of 29 feet on either side of the islands and to be 4- feet in width and be a minimum of 100-square feet in area, 7.19 Construct center islands within 1>Elest Milano Drive, North Colonise Way, West Divide CreelG Drive, West 1Vlalta Drive, North San Marco Way, North Girnsolo Avenue, West Gondola Drive and North Buzzini Avenue, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 100-square feet and to maintain a minimum of a 21-foot street section on either side of the island. 7,20 Construct a zlorthbound left turn bay on Ten Mile Road at the West Malta DriveJTen Mile Road intersection. 7.21 Construct a northbound left-turn bay on Ten Mile Road at ibe Milano Drive/Ten Mile Road intersection. 7.22 Construct a southbound right turn bay on Ten Mile Raad at the West Milazza Drive/Tea Mile Road ixltersectiois, 7.23 Construct a southbound right-turn bay on Ten Mile Road for the commercial driveway that intersects Ten Mile Road. 7,24 Construct an eastbound left-turn bay on McMillan Road a# the North San Vita Way/ McMillan, Road intersection, 7.25 Construct an eastbound leil--turn bay on McMillan Road at the North Sangoro Avenue/MeMillan Road intersection. 7.2~ Construct asouthbound le8-turn bay on Black Cat Road at the West Gondola DriveBlack Cat Road Intersection. Exhibit 13 -Page I3 CITY of MEIt1DIAN P1•AA1NlNC# bEI'AitTMBN7 S'T`AFF RBrORT FOR "I'HE HEAR1lYQ• DATE OF NOVEMBL~R 9, 2405 7.27 Other than the access points that have specifically been approved whit this application, direct lot access to Ten Mile Road, Black Cat Road and McMillan Road is prohibited. A note will be required on the final plat stating the access restrictions, 7.28 Comply with all Standard Conditions of Approval. 7.29 .Any existing irrigation facilities shall be relocated outside of the right-off way. 7.30 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer, 7.31 Replace any existing damaged curb, gutter aad sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file nutnberj for details. 7.32 Utility street cuts in pavement less than five years old are not allowed unless approved ~ vs-~zting by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.33 AlI design and construction shall be in accordance with the Ada. County Highway bistziet Policy Manual, ISPt~V•C Standards and approved suppleme~, Construction Services pxacedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ?,34 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. 7.35 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. 7.36 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.37 It is the responsibility of the applicant to verify all existing utilities within the right-of way. The applicant at no cost to ACFID shall repair existing utilities damaged by the applicant. The applicant shall bE required to call DIOLINE (i-$00.342-1585) at Ieast two full business days prior to breaking ground within ACRD right-of=way. 'fie applicant shall contact ACHD Traffic Operations 38?-5190 in the event any.A.CFID conduits {spare ar fiiled) are compromised during any phase of construction. 7.38 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 h~om the Ada County Highway District. 7.39 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 waiverfvariance of said requirements or other legal relief is granted pursuant tv the law in effect at the time the change in use is sought. Volterra South Subdivis,~on 7.l For the fast 175-feet, dedicate by donation a total of 37-feet from the centerlisae of McMillan Road (an additiona112-feet of right~f--way), and construct a 5-foot wide {minimum) concrete sidewalk within the landscape buffer {with an easement granted to the District) along 1VicMillan Exhibit B -Page 14 CITY OF MERIDIAN PLANNING Ui:PARTMBPIT STAFF REPORT FQR THE HEARING tiATE O>: NOVEMBER 9, 20US Road. At 175-feet west of Ten Mile Road, taper the rightwf--way at a 10 to 1 ratio to 25-feet of right-of way from the centerline of McMillan Road. 7,2 Construct a main entrance roadway (North Sanoro Way) that intersects McMiliat~ Road approximately 830-feet west of Ten Mile Road and aligns with the main entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. 7.3 Construct a main entrance roadway (North San `Vita Way) that intersects IVlcMillan Road approximately 750-feet east of the west property line and aligns with the main entrance roadway th;tt is proposed to be constructed with Volterra Subdivision, as proposed. 7.4 Construct a 36-foot wide curb return type driveway (full access) that nxtersects McMillan Road approximately 380-feet west of Ten Mile Road to align with a driveway that is proposed with Volterra Subdivision. 7.5 For the first 175-feet, dedicate by donation a total of 48 feet a€right-of-way slang McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a within the landscape buffer (with an easement provided to the District for the sidewalk). At 175- £eetsouth ofMcMillan Road, taper the right-of way at a 10 to l xatio to 38-feet of right~f`way from the centerline of Ten Miie Road 7.6 Construct a main entrance roadway (East Parma Drive) that intersects Ten Mile Road approximately 3S0-feet north of the south property line, as proposed. ?.7 Construct a 3b foot wide curb return type driveway (full access}that intersects Ten Mile Road approximately 430-feet south of McMillan Road and aligns with West Quintale briwe, as proposed. 7.8 Construct the internal residential streets as 36-foot street sections with rolled curb, gutter and S- foot attached concrete sidewalks within 50-feet of right-off way, as proposed. 7.9 Construct North San Vito Avenue as standard residential collector with vertical curb, gutter and S-foot detached concrete sidewalks within 50-feet ofright-of--way. Parking will be prohibited and no aces will be provided to this street. Comply with the Listrict's Tree planter Width Interim policy. 7.10 Construct A1'ort)~ Saaaro Way ae a 40-foot street section with vertical curb, gutter and 5 foot attached {or detached} concrete sidewalks within 54-feet ofright-of-way. Comply with the District's Tree PIanter Width Interim Policy. 7.71 Construct a stab street (North Girasolo Avenue} to the south property line apgroxunately 450-feet east of the west property line, as proposed. 7.1, 2 Construct a stub street (East Pescara Street) to the west property line approximately 900 feet north of the south property line, as proposed. 7.13 When the commercial and office lots develop in the future, construct the driveways to be a maximum of 36-feet in width and be located a rnin;,,,_ ~__,,, of 50-feet from any sixeet intersection. 7.14 Construct one cul-de-sac turnaround with a center island within the subdivision„ as proposed. Construct the turnaround to provide a minimum of turning radius of 45-fee# and provide a minimum street section of 29 feet on either side of the islands. riesigu the island within the tuunaround to be constructed a minimum of 4-feet in width and be a minimum of 100-square feet in area. 7.15 Construct three knuckles with center islands within the subdivision, as proposed. Design the knuckles to provide a mmirnum street section of 29-feet on either side of the islands and to be a minimum of 4-feet in width and be a minimum o£ 100-square feet in area. Exhibit B--Page I 5 GITY OF MER1DiAT1 PLANNING D~pARTM~NT STAFF RErpltT F4R T~t.E HEAI~~Np-DATE OF NOVEMBER 9, 2605 7.16 Construct islands within North San'Vito Avenue and ldorth Sonora Way, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimums of a 2l-foot stree# section on either side of the island. 7.17 Construct a westbound le$-turn bay on McMullan Road at the North San'Vito Way/ McMillan Road intersection. 7.I, $ Construct a westbound left turn bay on lvlcMillan koad at the North Sangoro Avenue/MeMilIan Rvad intersection. 7.19 Other than the access points that have speeiftcally been approved with this application, direct lot access to Ten Mile Road and McMillan Road is prohibited. 7.20 Comply with all Standard Conditions of Approval, 7.21 Any existing irrigation faciliries shall be relocated outside of the right-of-way, 7.22 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.23 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.24 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by fine District. Contact the ,District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.25 All design and construction shall be in accordance with the Ada County Highway Dislzict Policy Manual, ISl'WC Standards and approved supplements, Construction Servtees procedures and all applicable ACHD Ordinances unless specificakly waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 7.26 The applicant shall submit revised plans for sta$'approval, prior to issuance of building permit (vr other required permits), which incorporates any required design changes. 7.27 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. 7.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also latown as Ada County Highway District Impact Fee ordinance. 7.29 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. 1'he applicant at no cost to ACI:ID 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 ,~.~ Wight-of-way_ The applicant shall contact ACpID Txaffic Operations 387-6I9t? in the event any ACHI) conduits (spare or filled) are compromised during any phase of construction. 7.30 No change in the terms and conditions of this approval shall be valid unless they are in waiting 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 eonfumation of any change from the Ada County Highway District. 7.31 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 i#s intent to change the planned use of the subject property unless Exlv`bit B -Page 16 CITY OF MLttIDIAN P~,ANAIING 1~EPARTMENT STAFF REPURT FOR THE HARING DATE ~F NpVCtviBER 9, 2©os a waiverlvariartce of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought, 8. Settlers' Irrigatifln Distrlet 8.1 Ali irrigatioxa/drainage facilities along with their easements must be protected and continue to function, The facilities involved are Settlers Casa] (50' easement), White Drain (60' easement), Coleman Lateral (30' easement), Scrivner Lateral (20' easement), and the Beach Lateral (2Q' easement). Contact SID for additional requirements, 8.2 A Land Use Change Application must be on file prior to auy approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any 5Z0 facilities, or within its easements. 8.~1 Any Change to the existing irrigation syste3n such as relocation, water delivery, tiling, and landscaping must be approved by Settlers .Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and nnaintain the pressure irrigation system an agreement must be in place prior to tlae pre- construction meeting. Exhibit B -Page 17 CITY CP MERIDIAN PLANNING 1)EPARTIvIEi,'T STAFF REPORT FOIL THE BEARING DATl; OF NOVEMBIrIt g, 2p~S C. Y,~gdI ~GSC]'~pt]Ori VOLTERI;A 5UBI)lV1S,tON Jurra 2i, 2005 A parcel of land located in the N ! of the NE % of Sect~rr 34 and the S 27, T. 4N., R. 1 W., i3.~,= Hda Ccun ~+, idaha, more particula dgscri ~ of Section nY bed as foNows; Commencing et ~e corner carnmon Lo Sec#ions 34, from which the ~/, comer oomman to said S ~'• 35, aril tha said Sections 27 8 West, X654.57 €eet, said ~ir-t bet ~4DS 27 end 34 bears North 88°55'55" ~ the RFAL POINT' Ot= BECtNNtNG; Thence stone the east ~ of the NE 1 of aatd Se 1315.58 feet too tfie sarthaast comer of the N ~ of sakt N 34 South 00"83'19"West, feet to th ~~ the 8O~ line of said N % of the hE'!. No B ° thrust corner of said N :~ of the h!E %; rth 9 0558 West, 2651_t}S feet to tb e~/~ooatner8 the west Grp of sold N 'f: of the Ni= •1a H ~~ ~ eaPd Sscl3ons 34. and 27; o~ 00°'4'17' East. ?323.35 Thence along the west fine of the SE ~ of said 1344.89 #~ to the sflntheast Cotner 4ftot 7 3ect(on Z7 North OD°28`08" East, as same is recorded Tn Book 32 of . F3fock 2 ttf slack Cat Estates No. ,2 3ubdivislon, Plats at gaga 1945, rec:~ud$ of Ada Ccwety, Idaho; Thence along the east line of se~i I.ot 7 North ~°2p'i2* Elaat= 66p,00 feet to the narthe~t mrrter of Bald Black Cart F-alstes Na. 2 ~ubdlvlsfon; i'ttenoe along the north Ilrze of said 61ack Cat Estates Nr~. 2 Subdivlslon, North 89°1729' West,128?.9? i'eet; ~~ North ?z°4r,~s' v+rest, 2DS.2i ~@et; 71fi~rlce North 138°18`44" W~ 896.71 #eet; ~. ~ APP1~py '17Terlce North 50°57'04` West, 139.08 fast; ~ ~~j V +~Ut, U °~ ?tHi;~ Therit~e- North 34°20'48" West. 78.64 fe8~ arearnrnro r'uauc WOPICS DEpg Tieenas North 19°35'01' West, 1? 7.55 feet; 27; Thence North 89°34'24" West, 28f .92 f~# to a Point on tI~ West ilne of sold Section saw T'h+?tn'ca store said Ilne North DO°31'AO° East, 97?'.[!S feet fo ~tp IlVest 114. comer of ~lon 27; 26.eE9.t34 thne C~ er o~sai3ec ~seCdon line bf said Set~ion 27 t~h 89°19'48° East, -ruarurat~r~. a~,.auc Exhibit C -Page 1 C]TY OF MERLD[AN PLANNING DEpAttTMfi1MT STAFF liBPORT FOR TtiE 1iEAltItrlG,bATC OF NOVEMBER 9, 2005 Thence Scwth 89°20'3g" ltiast, 266t?.98 few ~ ~e East 114 Them South 00°21' mar of said Section 27; Cbnfa~lttg 312.67 acres ~ West, 2644.37 i~ t~ the PQINF ff~ . np~ or less. B~G1NNfNG. dW~4~'Pndtc.doc exhibit C -Page 2 CITY OF MEiiiDIAN PLANNING DEPAttTM.ENT $TAFR RBPORT FOR THE W&ARLNG DATE OF NdVEMBER 9, 20US .. Auk, ns 2x06 ~0:60F1M ...~~g7nrcrittg sol~~icr+s 2QH 938 [1991 P.j June?1, 20f~ !'Rt)Pt?Sl~D ~,~ ~pNE VOI.'PEFtRA SUB~llflSlON t'+tlr:els of land located !n the f-tE'f. of the NE f of t3e~n 3+4 an + 'J. of Sa~fan 27, T. AN., a.1 W., B.t;ll., Ads County, Idaho, mare paetlaularty d sCrltred ~ SE fG~avg, P~4l~CEL A A paroel of land located fn the NE % of fife NE'fs of said Section 34~, R1Qts partlculgrly bsscribed srs fiogovrs: Cope ai: the comer r~omrnon t'o Sections 26.35, and the Bald Sees 7p 8 3~, from whlgh the'J, comer oomrncn b saki 9eations 27 and 34 ba~ers North 88`55'S5` West, to th+a~ElEgt. POiN'f' OF~EGlNNINt~~e of saki Setltiol, $4 South OtJ'S3'19' West. 92t}.35 feel Thscoe continuing along said eastllne South tm°53'79" West, 3t3S.Z3 feat b fire ecutheset comer of the NB +/ of the NE % of saki Sedlon 34; THanoe elpng the south iina~i said NE'/. of the NE °f. North t39°d5'b8' West, ~48z.SB r~a~; Thertbe North QO'S2'O!3• East, 4~ii.38 feet tc1 a pclirlt c~ a curve; 'l`htaspe 9p.4Bfeat ~g fi-a arc ofe non-!e radius of 6GC}.QQ feet. a delta arm of 'I t)°22'06' -igent curve Uo the left, said aurva having a East. 90.381ieol to a point of tan~cy; • end a cltold t~trih6 Sor~th t33°5S'02" ThencD ~auth 88°fl8'tlti' Earl. 39.73 feet io the POINT ~IJF 8tt{,~iNNthl~. Carltafning 4.313 ~tcr~. 1llolg +dr leas. PARCIat E A psroel of lead located !11 ths~ SE %~ of the 8!~ +r pf said S1x1lon $7. R1ore portico deecrJbed ~ fttlEows~ ~Y ~0/R311BflGIRQ $t t118 cdrAei CQRIrTaR to Seatione 2t3 frorrl wE7~h the'l. comer ttornmon bn eafd Sections 27 and~34~ 961d the sold S+~tiona 27 8i 3~, aesa.S"-i thence alorlp the south prte of sold Section 2T the hrt S8Nfi~55$ ~'sti~~ ~. Feet to the tikEAL PDlNT pF BE®INNINQ; Thertcs continuing a~orlg ,said south line North t38°fi$'~ yy~ 324.99 feet; Thaw North D1°t}5`t0" East, f341.2D feet; a:lgtl2rsa4o7d.O.dee.aac Exhibit C -Page 3 CITY QI: MERIDIAN PLANNING D~pAItTMEtdT STAFF RHPORT FOR TiiE HEARING DATE OF NUYEMBHIt 9, 2005 Aus 46 2'[tp6 ICJ~5dAt1„ ~n~ineAri~g S~lutic-rts 2QB 938 0341 p.~ i'henne North 44°47.1?' East. 98.29 feet; Thence North 6Z°55'2y' East, 4Q$.T2 feet; Thence Na>Rtl 83°D j'18- Eeat, 62.130 fear ~nc@ Natth 75°18'10" Eesl, Sd.88 feed Thence I+forth $2•~*qg- Est, 62.Qp fe~rt; mince South 88.38'Z2' East QO$.47 filet t0 a point on the seat pne of the SE f Of said SeatWn 27; Thence alone s8td salt Nne South Op°21'48' West. X1,02 feet; 'rt~ence North 8!1.39'12' Wesl~ 495.14 fetal to a polnl of catvature; 40t).04~~ 823.40et elaQg, the arc df a carol tt7 the !e ~ a delta a leaf t39.17'gq•~ snd s long choM bee ~d curve having r~ radt68 c1f bleat, 58$.20 feet to a ppfrEt Df tengBnoy; ~9 South +455 42'x" TtlancB South Q1 °p4'~~ West 499.73 feet ifl the PRIM' otF BEQtNhIlNltd. Contain 14.s9 erg, mQra ar Tess. ~9 A+wusnso~-ro d:~.doc Exhibit C -Page 4 CITY OF MERIDIAN 7'LANiV1NG DEPARTMENT sTAfi~ REPORT FOR THE FIEAR[NG DATE Or NQVEiVIliER 9, 2QU5 r1u~ OS 2Utfs lO; 50A11.. Ens 3 n4e~r~ n6 Sal ut; or~a -~ cQg 8~8 0941 p.9 June Z1, 2(}05 PROl~Q$EQ R-4 ZCMB 1-QL'TLRI~p, SUBI?tVtSKiN 2'7, T. N~R 11 W. ~ M., ,4cla~~ohtr~rttY d~a. rnore partleularl e~ 34 and d1e.S `/t of Section y desorlb$d as faitows: ~~ ' w~~l the %s mtha ac+r~~ common to Sectk~hs 26.36, anal ~+satd Ssctians 2~7 8 Walt„ 2854.57 feet, thB ~ ~ -n+non to said Sec>5bns 2T and 34 ire 111crth tt8°S5'5S" 861,371!aet'bv the REAL POttIR' a~ ^Et:4lNN N~f .gatd section 2T North t38°5S'; 5° YUFest, Tit9npB St~+fh f31 °0+4'Q4` W89t, 421.51 fee# to a point of aun-ah-r~-; fihgnceo 668,4{) feet aton0 th®arc at a cure®io the felt. said curve Navin a 8~•~ 1~t. a delta angle of 78'48'04". 8ttd a ~ +~rd bear~tg South $f3'46 57" ~ast$ cF 641:46 feet bo a paint; the NE~ ~ ae ~n ~~~~ lAt~t, 403.38 feet td a paint on the $t~utfl line of the N i~ of Th®neas aior~ sad south Ilse North 89°t-8'S8` West, 21t38.Sp feet to the soutlteest carnerof satd N ~ cif Ste NE'/.; Thence aI©ng Ste west fine of sad N % of the NE , a 11lotth 00°44'17' East, 1323.35 Fnet tv ~ 3~4 comer comrno~rt to eekl s 34 artd 2T; 644,89 tit tb ~ 9 dts west fine t~f fire SE'/s of said 3 southeast corner of BCtlcllt 27 North pa~'Og" East, as earns N r~rded In Book 32 of Lot ?,11laak,2 of Bfaclc Cat Estates Na. 2 Subdivision, tie et Pie 1945, t~acorde df Ada CoUti Thy a ty, Ic~ho; bnB the eBBt Ifne ofsatd I.+D!?North QO°2tY12" East, BBdrOp feet to the nQ-~+eaa9t carnet of veld BIaCk tyet ~~~ No. 2 Subdivlsbrr Them along the harth II-18 of said B1adt Cat Estates No. 2 Subciivlslon, North ~~'~f~"2~~we~t, 1281.81 foal; Thanes NOrih 12.47'25' Vift~t, 208.21 Best; llterroe North 88°10'44' W~ 898 y1 feat; 7haruoe Nnrfh a0°31'{14' West. t0,i_QB teat; 7ttanoe North 34°ZO'48" WaBt, 78.84 t9el; Thanes North 1&43S'01"1Ne~st, 117.85 feet; ~~?t90442 7t4.dee,doc Exhibit C -Page 5 CITY OF MERIDIAI+! ALANNIN~ DEPARTMENT STAFF RL-POTtT FOR THE HEAfi1NC DATE (}F NbVEM$I3It 9, 2005 fltlg 11S ~pUFy 1©:SQRM Eh6+lh@iprsllC So2Utipna aaa s3s OSfI p.4 Tttenc~e North 8s°4'24' West 299.92 feet io $ pDink an th+a west Iine of the s J~ of said +~ectlan 27; 'Thanes along said west line Nor4ir 00°31'40' . BTr.aB fret to the northwQSt ~ vt'apld S 74 6f S~cllon 27; rner Thence eitmp the north boun~~ ,~ s$Id s ,~ at S ° 2tT49.$~{ t~ W the Cenler : r of acid S BctiCn 27 South 8919'43" !vast, e~lon 2T; ThattCe contlnufng saki north, boundary South 89°2p~3g• ~SSt, 2650.Q8 teat to the norttte~ txirner of aa(d S ,~ of h 27; feet; Theme slang ~ asst Itna of asld S 3~ of cact(on 27 South Op~1'48' blast, ~ 3Br~.B1 'rtt~rncei hbrEh 89°38'12• Wes, 608.•17 rest; 7'tlerrce South 82°,23'09" Wes, S2.t}D feet; Thrinrx South 75°i6'16" Wes. 54.88 lost; '171snce south 681Qf'~s" W~ 82.80 feet; Thef~a Scsubh tit°55'27" Wes, 488.72 feet; Thanca South 44°4T'77" W~ 93.28 fo@t; ThettOe South D1°05'9C}" W~ 849.20 Feet to s point ors the ecwth brie otlhri S % of saki Seaton 87; Thenop stony Bald nth Una south 88°66'65" st, Peat to the POIMT OF 96QINIV~t~. Cot~lnirtg 258.2! ecres~ more or less. ~ 324..99 a+r,a~awa~suae,~.aoc Exbibit C -Page 6 CITY OF MEttIDlAN PLANNING DEpARTMt;.NT STAFF REPORT FOR TILE HF,ARLNQ DATE QF NOVEMBER 9, 2t?03 Rug OS 2005 IO:SOWN, En~inaerin~ Solu~ionx 209 `.138 0941 p.5 f°1V~Mr7f.'d Wi ~+Of~IE V~tl.T~RRA SU~~f$IQN June 21.2p05 A parcel of land located in tb~ N&'/ of th® NE: ! of Section 34 and the S~ {/, of ttte~ SE Y, of Sec~ftul a7, T. 4N., R tW., B.M., Ada Caunty, Igaho, trLOna Ra+tir.•ufarfy described as ftltlCAAta: Crarimenefrx} id the comer carrtrnart isa Sections 2t3, 35. antl the aa~i Se~bns 27 ~ 3d, ft+arn vvl9ch tf~e'/. ©otner cornman to said Sea!(or~ tar' and 34 beara~ Nar1fi~ 88'55'55' W+sat, 28$4:5T feet, Bald pAlnt bein®tfts REAL POINT OF iBEOtNNrN6; Thence slang ills east fins af#he NE'l. ofae~t Sect 34 8netth ~°53'18" West, sr~a~ mot; T1+ertce Norflf 88°88'05° West. 392. i'3 f®et ~ a potni of Cun~aiurs• T?Eence 788.eB'1e®t elon8 the aro Of a curve tci the h said . 5012.00 f8et, a ddOa angle pf $0°14.18', and a to ~ t. Curve having a radius of 705.16 feet ~ e point of fang$~y; ~ rind t?eartng North 44.41'01' ~Wr1st, ~ ~rtoe North 41 °04'{4" Earl. 421.51 feet to a point on the nar8t line of said NE f of 7tparrQe csrnttnulttg Narih f]1 °04'04' EasE, 4f)9.73 fillet bo a ~In! of curvature; Thence 623.40 fit alon0 tits aro 8f a curt/®tQ the right; aa~ curve havin0 a radius of 40t10p a delta angle of 89°t 7'4+1°, and a [ang choM t]eaaring North 45.42'58" Eac#, 582.28 feat tv ®p~nt of ierrgency, ~~' outh'B9°x,12" l;eet, 48fi 14 fleet to a pntnt cxr the seat flea of the 5E'!• of geld n 27; Them rrlang said east fine g01tt11 Qa°21'48' Weal. 905.74 f~Bet 1a the PL>l<t11T O!` ~Et31Nf~mA. ~lttatning 35.1$ ae,~rs, rrrore 4~iASS. 404fl?140+it12•ixide~.dne Exhibit C -Page 7 CITY OF MERIDIAN PLANNING DErAR-['MEL'T STAFF lt)rPpRT FOR THE i~1EARING DA'T'E Off' iVOV&MBER 9, 2403 ~ ae~w/Yllr~~I N~ ~.N i Ilwy~~ ~•~~~~ ~~Ii~fFwlwiWll II ~9A'•!w~ ~„ ~ .~Yr~~~~ ri i1 ii•~ J ii I~ 1( ~~ ~' I ~~ tIr~W012Ufi~„~-`-~."it UY4 riHM ~'~~i ~ ~i K~ t>~4Db ~ @B ~ i i 1 ` ~ ' ~ 4 '~ ~ l I ~ I ( - w .~ ~ 1~~ '41 ^ Da ~ 1 j ~~ r•~ ~O ~ ~,, a ao. -~ ~n i a 1~ ~, Ito -~'~~ _ Q] 1 ~4Ji~ Q ~ ~ ~ f ~ I -~ ~ r ,~„ I ~ d- rF ~ ~_~ ~ ~ ~ ~~ 1 I a I ~ Id ~` 7 ~ ,,~ \r I ~I~ `~ Al~ri~` ~- f ; I• 't 1 i ~ s . ~ ~ t ' i I~ I °-•o`Q rt ~ ! ~~ ~~~ ' ~ ~ N i7ti~ ~ ~ ~ ~~i f ~ x' ~~~~ Ko~ ~ 1~ +r ~ ~ uN ~ ~ ' '' ~ ~ a ~ ik si '~ ~ s ~ ~ ~ ~ ~I I , a ,. , Qs ~ Q ~a ~ ~t~~l~R s ~I ~. ~ ;~~~ rr '~ A ' ' I I~ ~~~~ ~ .F II `-~~~'1 Exhibit C -Page $ OiTY OF MERID1Ah~ PLAI113VIN(} pI~PARTMEAiT STAFF REPORT FOR THE HEARING BATE OP IVOVEMBFsR 9, 2005 D. Required Findings from Zoning Ordinance 1. Annexation Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shat! f nd adequate evidence answering the following questions about the proposed zoning amendlxi.ent: A. VViII the new zoning be harmonious with and in accordance with the comprehensive plan and, if not, has there been an application for a comprehensive plan amendment; In Chapter Vll of the Comprehensive Plan, `medium density' is defined as areas including single-fanuly homes at densities of three to eight dwelling units per acre; `law density' consist of single-family homes at densities of three dwelling units or less per acre. City Council Ends that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive PIant and Future Land Use Map, which designates the 80 acres adjacent to EIac1G Cat Road to be "Low Density Residential' ; and "Medium Density Residential" adjacent to Ten Mile Road and McMillan Road. Some of the larger lots in the development are within the area designated for low density residential, Although the applicant has not submitted calculations, City Council believes that this area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net de~usity of the project is 3.56 dwelling units per acre (2.8 d.u./acre is gross density}. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, abj~ectives, and action items co~atained in the Comprehensive Plan for these law and medium density areas. The Zoning Qrdinance allows up to 20 percent of a site to be approved for uses not normally permitted in the area. The applicant is requesting L-O and C_G zoning for approximately 54 of the 312 acres {I7%). In addition, in the applicant's undated cover letter, several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 0£ the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Is the area included in the zoning amendme~at intended to be rezoned in the futuxe; Concurrent with the annexation and zoning application, the applicant has submitted two preliminary plats and a conditional use permit far a planned development that proposes single-family, rAmmercial and office lots an the subject site (PP-0S-039, PP-05-040 & CUP-OS-041}. City Council does not anticipate that the applicant plans to rezone the subject gropetty in the fixture ff the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed iu the fashion that - would be allowed under the new zoning -for example, a residential area fuming ,into commercial area by means of conditional use permits; City Council finds that the single-family homes would be allowed {permitted} withnx- the requested R-4 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved}. T~owever, because the applicant has not submitted a detailed conditional use permit application for the commercial and office parEions of the development, all buildings within the L-d and C-G zone will need CUP approval prior to E~lubit D -page 1 CITY OF Mt"sRIDIAN PLANNING L7EPARTMBNT STAFF REPORT' FOR THE HEARING DATE OF NoV,EMBBR 9, 2QOS eanstruction.. City Council recaznmends that this requirement should be included in the Development Agreement for this properly. I3. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fasltion sin~lar to the proposed rezone area; There have been na recent street improvements in the area, None of the abutting roadways, Ten Mile Rvad, McMillan Road, and Black Cat Road, are within AC~D's Five Year Work Program or ClP (20~year plan) for road widening. Bainbridge Subdivision to the north has been tentatively approved for development similar to what is being proposed with Volterra Subdivision. Bainbridge Subdivision is not cuurently being developed because sewer service is not available to that site. The subject property is generally surrounded by rural residential acreages, City Council does not $nd that there has been a change in the area that dictates that this property should be rezoned. The Cominissian and Council rely on stafif's analysis, public testimony received and any cvnsments submitted from any other agencies or departments regarding whether this property should be annexed, E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existict~g ar intended character of the general vicinity and that such use will not change the essential character a£the same area; The applicant has not submitted elevations for the proposed dwelling units or commercial buildings. The applicant has stated in their submittal packet that the home elevations will be similar to those in the Bridgetower Crossing Subdivisions. If constructed similarly to those in Bridgetawer, City Council believes that the design of the dwelling units will be compatible with the adjoining uses. City Council finds that the proposed development will change the existing character of the area, which is stilt' largely rural. However, the proposed development is generally hanartonious with the intended character envisioned by the Comprehensive Plan. City Council does not f nd that the proposed zoningluses will adversely change the essential character of area. F, Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Comrnissian and Council should rely on public testimony (oral and written) to determine whe#her or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses, City Council does not anticipate that the proposed uses will be disturbing to fittwe or existing neighbors, as long as landscaping, fencing atad other recommended conditions are exercised. Further, City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and alt City Cade provisions. G, Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer; yr will the person responsible far the establishment o£ the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for thS extension of all utilities necessary to serve ibis proposed development, This development is currently not serviceable by the City of Meridian's sanutary sewer system Sewer service for this developmenrt will be via the future North Black Cat lift station At this point in time, the Meridian City Council has approved fiinding for the design; however no funding has been approved. for the Exhibit D--page 2 CI~'Y pF MERIDIAN PLANNIA'G DEFARTMEIVT S'I'Ar~ REPORT FOR THE HBAR1NC,r PATE OF NOVEMBER 4, 2005 construction. 1'f this development is approved, it shall be subject to the North Black Cat sewer system being available. Qther urban, services, such as water, are ,gear to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staffrepart with site specific and standard conditions as attached in Exhibit B7. On September I6, 20fl5, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and atller comments received. from agenciesldepartments, City Council $nds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or vernal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost forpublic facilities and services and will not be detrimental to the cconomie welfare of the community; >f approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. 'iNill the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property ar the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or actors; City Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would he detrimental to the general welfare of rho surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval. of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does nog anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the properly which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct eight public street accesses and four driveway accesses to the existing public street system. ACRD is supportive of the proposed streets and driveway locations. Tf is designed and canstruated as required by the AC1:3D and t~ City, City Council does not believe that the subdivision will create interference with traffic an the surrounding public streets. .K. WiII not result ila. the destruction, loss or damage of a natural or scenic feature of major importance; and Exhibit D -Page 3 CITY OF MEtt1DlAN ALANNtNiCr D~PARrMENT STAFF 1tEPOJtT' FOR THE HEARiI~i(} DATE Ofi NOVEM$8R 9, 2U05 The Settlers Canal and the South Slough both bisect this property. City staff considers both of these features scenic in nature. City Council recommends that these features be protected and enhanced by the applicant, There are some mature trees.oza this properly, Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development will. not result iu the destruction, loss or damage of any natural feature(s) of major i~npvrtance if developed under these conditions. 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 features} of major importance. L. Is the proposed zoning amendment in the best interest of the city. In accordance wit~t the farrdings fisted above City Council finds that the annexation and zaalirt o th' roe as ased the a tic nt tivaut a ire th best i est o the Ci see nal 'section in the S Re s~ . 2. Preliminary Flat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the fallowing: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation Findings Items G and H above. C. The continuity of the proposed development with the capital improvement prograun; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B far comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that u~ay be brought to the Commission's attention, City Cauneil 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. ACHU considers road safety issues is their analysis. The Commission and Council reference any public testimony that may lie presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish; A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and ether features as maybe required by this title; Exhibit D - Fa,~e 4 CITY OF NfERIALAN Pt.AN,NING DEpARTMEir'T STAFF REPORT FOR THB HL~ARLNG DATE OF NOVEMBER 9, 2005 As part of the Planned bevelopnnent (PD} the applicant is requesting relief f~•om the standard street frontage, lot size, h©use size, side setback and niaximnm block leng#h requirements of the R 4 zone. City Council .finds that the subj ect property is large enough to accommodate the requested use and all other required ordinance fea~•eS Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the planned Development, to modify specific development standards, B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan anal in accordance with the requirements of this dxdinat~ce; City Council finds that the proposed subdivision is generally harmonious with and in accordance with the 2OU2 Comprehensive PIsn and future Land Use Map, which designates the land to be "Medium Density Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planrxed development and use exception}. Please see ,Annexation Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other prop~es, The Commmission and Council rely upon public testimony, staffs analysis, and other agency co,rn~oaents when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, aid fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; please see Anneexation Findings G and H, the conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation Pittdings I. H• That the proposed use will have vehicular approaches to the property which sl~aIl be so designed as not to create an interference with traffic on surrounding public streets; Exhibit D--Page S CITY GF 1v1ER1p1AN ALANNINCi pEPARTM~NT STAFF REPORT FpR THE HEARING PATE C}F N(}VEMe~R 9, 2005 Please see Annexation and Zoning Findings J'. The Commission and Countcil should review any comments received from the ACHI) regarding this project when determining this finding. T. That the proposed use will not result in the destruction, loss or daanage of a ,natural, scenic or historic feature considered to be ofmajor itnportax~ce. Please see Annexation and Zoning Findings rC. 4. Planned Development Findings; Upon recommendation of the comunissiau, the council may authorize specific uses not normally Ae~itted by the use regulations of the zone in which the development is located. Yn granting such authorization, the eomrxiission and council shall make the following findings: A The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Although no specific uses are being proposed at this time, it is anticipated that the uses permitted by the exception will relate to adjacent sisagle-farni[y hones, fihe appJacaut is propasir~g to provide both buffers between the land uses and vehicular and pedestrian connections so that the commercial uses will not be intrusive on the residen#ial development, but the residents will still be able to access the businesses Iocated in their neighborhood. Staff and the Commission should further evaluate the relationship of the proposed uses in the I.-O and C-G zones with the single-family homes when CLIP applications are submitted for buildings in the future. B. No mare than twenty percent {20%) of the total area of the project shall be devoted to the uses permitted by the exceptivrz. The percentage of use exception allowed will be determined by the commission and council based upon the size of the project and intensity of the use exceptions. The applicant is proposing that over 17% of the total area of the project be devoted to non-residential zoning. City Council finds that the percentage of the use exception proposed is appropriate in this location, C. The development wilt be phased so that aonstzuetion of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use ar uses. The applicant has not committed to a phasing plan. At full build out, City Council finds that the construction of the non-residential uses will be in good proportion to the amount of residential azea being constructed in the area. I]_ The uses permitted by the exception are integrated into the overall project by: 1.13eing located in proximity to and within convenient walking distance of the primary uses. See Planned Development Findings "A" above. 2. Utilizing one or more of the main vehicular accesses to the primary use Site as the maiu~ access to the exception site or in#ereanneetian through a system of private roadways and/or gathways. On the south side of McMillan Road, the applicant is proposing to construct a public street with commercial uses on oxze side and residential uses on the other. The applicant is also proposing ledestrian connections between the residential and non-residential areas. Exhibit D -Page 6 CITY OF MERIDIAN hLANI~lING I7EPAR'I'ME]YT STAFF itEpORT FOR THE I~EARtNa DATE Or NOVEMBER 9~ 200$ City Council folds that the uses are adequately interconnected. 3_ providing pedestrian and bicycle pathway connections with the primary use site. See Planned. Development rixtdings "A" above. 4.Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site, No specific buildings arc being proposed at this time on the commercial and office lots. When GUP applications are submitted for the buildings in the future, staff and the Commission will evaluate the building orientations to ensure that vehicular and pedestrian access is facilitated. S. Continuing architecture, landscaping, and building bullz concepts &oxn the primary use into the use of the exception site so they are consistent and harmonious throughout the deveioprnent. Gity Council recommends that the Development Agreement include a provision that requires all non-residential buildings to contain architectural features and bulk building concepts that are similar to the residential buildings. C' Councill forth comma d th tea lic n the publi~g s to how Yhey ]an to ' te~te t e look of the erci lots there ' ences s 'fic fe on the buildin E, The use(s) perrnitted by the exception are neighborhood- or con~.munity-serving in size and character and xeot regional, and are not detrimental to adjacent neighborhoods in location and character. City Council finds that the size and character of the non-residential zones proposed are appropriate to serve the community and, should not be detrimental to adjacent neighborhoods, Exhibit D -Page 7 • February 24, 200b MERIDIAN CITY COUNCIL MEETING February 28, 2~6 APPLICANT ITEM NO. 6-F REQUEST Award of Bid for Pine Interceptor Sewer and Ten Mile Sewer Project to Bodiford Construction, Inc. 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: Emailed: COMMENTS See attached g,P ~~ s~'° ,,, Date: Phone: _ Staff Initials: Materials presented at pubpc meetings shop become properly of the CHy of Meridian. • R,~CEI D EEC ~ ~ 2006 City Of Iilleridi~ City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 02/23/2006 Re. Proposed Agenda Item for February 28, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 28 City Council agenda, under Consent Agenda, for Council's consideration: Pine Interceptor Sewer and Ten Mile Sewer Project. This project was advertised in January and the bid opening was February 1, 2006. No bids were received for this project at the bid opening. Other Cities in the valley have had projects advertised recently with no contractors bidding the work. Because of this, the Public Works Department solicited a bid from a contractor per Idaho Statue 67.2805 that states that, "If no bids are received, the governing board may procure the goods or services without further competitive bidding procedures." The bid that was received for this project is summarized below and detailed in the attached spreadsheet: Bodiford Construction, Inc $1,742,334.00 The Project consists of construction of appro~amately 103 lineal feet of 18-inch PVC gravity sewer, 1,188 lineal feet of 15-inch PVC gravity sewer, 1,711 lineal feet of 10-inch PVC gravity sewer, 809 lineal feet of 8-inch gravity sewer, asphalt and other surface repair, manholes, sewer services, dewatering, traffic control, storm water management, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Pine Interceptor Sewer and Ten Mile Sewer Protect with Bodiford Construction, Inc, Inc for $1,742,334.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 BODIFORD CONSTRUCTION, INC. 8975 W. STATE ST. #4, BOISE, ID,~xO 83714 PH: (208) 853-5378 FAX: (208) 853-5381 PROPOSAL T~= dint noisby City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 898-9551 From: Jerald O. Taylor ~~~ Pine Interceptor Sewer -Schedule A Ten Mile Sewer -Schedule B subje~ Cost Proposal ~~ 2/20/06 As requested, we are providing pricing for the addition of approx 6,000 LF of various sized sewer pipe and related work. Please see the attached sheets for detail pricing per your bid schedule. As we discussed, the schedule for this project would be broken down into two parts: work in Fuller park and work on Ten Mile Rd. The work in Fuller Park being the most critical to satisfy the park requirements. The work in Ten Mile Rd would start soon after, but is more reliant on ACHD's schedule and their providing a ROW permit. I expect that we could start the work in Fuller Park within approx 2 weeks -the delivery of manholes being the driving factor for our ability to start. As we discussed I expect that we will need to work extended hours to meet your schedule. ~ Proud Partners with HA cis Z:~Bid estimatesWierid -Pine Intercep-TenMilesewer.doc Meridian -Ten mile & Pil~lnterceptor Sewers Bid Item Description Quantity Unit Unit Price Total Schedule A -Pine Interceptor Sewer _ Tree Removal 13 EA 450.00 5,850.00 Dewatering 1 ~ LS 38,000.00 38,00.0.00 Trench Fnd Stab Material 122 CY 30.00 3,660.00 Import Trench BF 980 CY 15.00 14,700.00 Surt Resto -sod 13151 SY 6.00 78,906.00 Surf Resto -Natural Ground 3533 SY 2.00 7,066.00 Surf Resto -Type Pb -Asphalt (Full width Access Path) 1844 SY 28.00 51,632.00 Gravel Access Road (temporary) 521 LF 45.00 23,445.00 Ten Mile Stub Drain Crossing #3 (Bore) 1 LS 43,000.00 43,000.00 8" Grav Sewer PVC 234 LF 112.00 26,208.00 10" Water Class Gravity Sewer PVC 128 LF 126.00 16,128.00 15" Grav Sewer PVC 1188 LF 142.00 168,696.00 18° Water Class Grav Sewer PVC 103 LF 162.00 16,686.00 SSMH - Type A - 48" 7 EA 3,800.00 26,600.00 SSMH - Type B - 60° 2 EA 9,700.00 19,400.00 Service Line Cleanout - 6" 4 EA 815.00 3,260.00 Sewer service Line - 4" 40 LF 68.00 2,720.00 Sewer service Line - 6" 672 LF 48.00 32,256.00 Connect to Existing Sewer /Manhole 3 EA 3,200.00 9,600.00 Sewer Service Conn to Main - 4" 2 EA 750.00 1,500.00 Silt Fence 1365 LF 5.00 6,825.00 Mobilization 1 LS 75,000.00 75,000.00 Sewage Bypass Control Systems 1 LS 6,800.00 6,800.00 ACHD Permits and Licenses 1 LS 1,000.00 1,000.00 Rem & Reset Misc Item -Sign 1 EA 900.00 900.00 Rem & Reset Misc Item -Park Bench 2 EA 900.00 1,800.00 Rem & Reset Misc Item -Fence 224 LF 65.00 14,560.00 Lift Station Abandonment 1 LS 12,300.00 12,300.00 Stormwater Management 1 LS 12,500.00 12,500.00 Ten Mile Creek Crossing #1 1 LS 43,000.00 43,000.00 Ten Mile Creek Crossing #2 1 LS 43,000.00 43,000.00 Subtotal - Schedule A 806,998.00 Meridian -Ten mile & Pil~lnterceptor Sewers ',,,Bid item Description Quantity Unit Unit Price Total Schedule B -Ten Mile Sewer & Pine Interceptor Sewer - Dewatering 1 LS J 32,250.00 32,250.00 Trench Fnd Stab Material 400 CY 30.00 12,000.00 Import Trench BF 1004 CY 15.00 15,060.00 Surt Resto - Type C -gravel 544 LF 9.00 4,896.00 Surt Resto -Type P1 -Asphalt 675 LF 40.00 27,000.00 Surf Resto -Type P3 -Asphalt 2638 LF 48.00 126,624.00 Surf Resto -Type Pt -Temporary Asphalt 3313 LF 10.00 33,130.00 Soft Spot Repair -Pit Run 0 to 10CY 10 CY 50.00 500.00 soft Spot Repair -Pit Run >10CY 500 CY 30.00 15,000.00 Ten Mile Creek Bridge Bore Crossing 1 LS 31,250.00 31,250.00 8" Gravity Sewer 575 LF 112.00 64,400.00 10" Gravity Sewer 1549 LF 118.00 182,782.00 12" Gravity Sewer 1234 LF 126.00 155,484.00 18" Gravity Sewer 594 LF 140.00 83,160.00 SSMH - Type A - 48" 8 EA 3,800.00 30,400.00 SSMH - Type B - 60" 4 EA 9,700.00 38,800.00 Connect to Existing Sewer /Manhole 1 EA 3,500.00 3,500.00 Gravity Irrigation /Storm Drain pipe Crossing 2 EA 1,200.00 2,400.00 Construction Traffic Control 1 LS 21,000.00 21,000.00 Mobilization 1 LS 35,000.00 35,000.00 ACHD Permits & License 1 LS 7,200.00 7,200.00 Rem & Reset Land Monument 1 EA 1,000.00 1,000.00 Stormwater Management 1 LS 12,500.00 12,500.00 Subtotal - Schedule B 935,336.00 Subtotal -Schedule A Subtotal - .Schedule B Grand Total 806,998.00 935,336.00 1,742,334.00 February 24, 200b MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT ITEM NO. 6-G REQUEST Temporary Sanitary Sewer Easement Agreement for Heritage Middle School by Ventana, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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 public meetings shall become property of the City of Meridian. Memo To: Mayor De Weerd & City Council From: ICarie Glenn CC: File Date: 2/22/2006 Re: Proposed Agenda Items for 2/28/06 City Council Meeting ~tECr ~vEl~ ~..,~ ~~ty ~1~~~ ®~.~~ The Public Works Department respectfully requests that the following items be placed on the 2/28/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Temporary Sanitary Sewer Easement for Heritage Middle School by Ventana LLC. Typical Temporary Sanitary Sewer Easement. Recommended Council Action: Approve the Temporary Sanitary Sewer Easement for Heritage Middle School by Ventana LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • City of Melridian Public Wolrks Dept. • Page 1 • TEMPORARY SANITARY SEWER EASEMENT AGREEMENT THIS Il~TDEN'TURE, made this day of .2006 between Ventana, LLC, hereinafter called "Grantor", the City of Meridian, an Idaho Municipal Corporation, hereinafter called "Grantee", and the Joint School District No. 2, a body corporate and politic of the State of Idaho hereinafter called "District." Grantor, Grantee and District are referred to herein as the "parties". WITNESSETH: WHEREAS, Grantor desires to provide a temporary sanitary sewer easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the Grantor's southern boundary is common with a certain parcel of land owned by the District; and WHEREAS, Grantor desires to provide said sanitary sewer right-of--way to their southern boundary to provide the District with access to the sanitary sewer system owned and maintained by Grantee; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by the District in the event that sanitary sewer service is needed by District prior to the Grantor's land being developed as a subdivision; and WHEREAS, the sanitary sewer pipeline once installed by the District, will become the property of the City of Meridian; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors and the District, and other good and valuable consideration, Grantor does hereby give, grant and convey unto the Grantee for the term hereinafter set forth, an easement for the installation, operation and maintenance of a sewer line over and across the property legally described and depicted in Exhibits "A" and "B" respectively, attached hereto and incorporated herein. The easement hereby granted is for the purpose of operation and maintenance of a sanitary sewer line and their allied facilities, in the event that sanitary sewer service is needed by the District prior to the Grantor's land being developed as a subdivision, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TEMPORARY SANITARY SEWER EASEMENT AGREEMENT Page 1 of 5 • THIS GRANT IS BEING MADE ON THE FOLLOWING TERMS: Authorized Uses by GRANTEE. The GRANTEE's use of the Easement granted herein shall be for the operation and maintenance of the sanitary sewer pipeline to benefit the adjoining and abutting property owned by DISTRICT, for ingress and egress for equipment and vehicles, and for all other reasonable uses that are necessary, advisable or convenient to_ GRANTEE in connection with such sewer operation and maintenance. 2. Use by Others Under GRANTEE. The GRANTEE's right to so use the Easement during the term of the Agreement shall extend to the District, its employees, contractors and agents for the purpose of constructing said sanitary sewer pipeline to be owned by GRANTEE, for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to DISTRICT in connection with such sewer construction and improvement, and for ingress and egress to and from the Easement. In the event that DISTRICT exercises its right to construct the sanitary sewer pipeline, DISTRICT and GRANTOR agree to execute a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT in form substantially similar to the document attached hereto as Exhibit "C." 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR'S execution of this Indenture and terminate upon the recordation of a final subdivision plat over the easement area. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE and DISTRICT hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim that shall result from the use of the Easement by GRANTEE, its assigns, employees, contractors and agents, hereunder. 5. Bindin Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 6. Obstacles. The parties hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 7. Grantor's right to dedicate easement. GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. TEMPORARY SANITARY SEWER EASEMENT AGREEMENT Page 2 of 5 • IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. JOINT SCHOOL DISTRICT N0.2 GRANTEE: CITY OF MERIDIAN GRANTOR: Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Superinte dent TEMPORARY SANITARY SEWER EASEMENT AGREEMENT Page 3 of 5 Ventana, LLC STATE OF IDAHO ) County of Ada ss • On this ~~ day of _ rZ~ ~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton, known or identified to me to be the Member of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. m~m+~~ ~~ (SEAL) ®°®~~ ~~,~ ~ Q,V... ~ U~ ~,~, ,~. ~ ~~, ~ NOTARY PUBLIC FOR IDAHO ~ ffi Residing at: pQ; J.9 a ~ ~ Commission Expires: b D'~ -a.c~i}c7 ~ :~ / ~ C• ~ e_~a+1.'_~ ~ ~®ffi~~~~ STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City_ of Meridian, Idaho, and who executed the within instrument, anal acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: TEMPORARY SANTFARY SEWER EASEMENT AGREEMENT Page 4 of 5 STATE OF IDAHO, ) . ss. County of Ada ) On this ~5+k day of~ Y' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared L. l V~d,Ci. (i~aarVe. known to me to be the Superintendent of the Joint School District No. 2, and who executed the within instrument, and acknowledged to me that the District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~~~.'~`G1p- A. j~U'~•,~~ ~'~4~ ~ ~~9,~ 4~ ~pTARp ~ +~*" ~Ir %. p~BLtG R.~•' ~P~~~ ~. NOTARY PUBLIC FOR IDAHO Residing at: ~~G~c.Cc~Gt..~ o.,Qt~~ Commission Expires: 3 ~? - d 9 TEMPORARY SANITARY SEWER EASEMENT AGREEMENT Page 5 of 5 ~ ~ Ezhibit A x450 East~Cafow~s~Srt. ~ - ' l i~AF~~C~ Sulu: X50 SURUEY Meridian;ldafio 83b42 ~R~'~P hKone (208),&46-857D ' max (208) 834-5399 rT aiiuary ] 3:, ?UC16 Teinp~rarv?1les~iaian Sanitan~ Se~~~er Easement ti entana Su-bc~i~~ision I Scheid site A tetnpor,ry easemeizt for ~'itti~ ofvlcz-idiaii s~nitar}~se~~ erlines, l~cate~3 iri tI7e - S~~' ':>:, oi' Svctirn 30, T.4N~, R.a E;, 8;?~~I. A~endiar~ rlda Ci~unt_y, Ida«a; I~eir~ a strap of ~a3~d ?.O.U[) f4~c.t ire «~:e3ih, c~;ni~r~ci:~boutthc fo]]o«~irc~ dLscrii~ec3 ~as~~ent centerainc: Cnnimencin~ at tTe 11-0 corziUr coinmd~.to S~:ction ~S of T.=~N:, R.l~~~,, anr~ tl~e saiel Sec,tit~a ~0, from vthich t1~~:i`Soutl~~~-cst corner ofsaid Section 3U 13~;ars South Df~a23'(]0'' `~~'cst, ^Cj~U-13 ~'~et; thence aloes the w~:5tfitrutjtl;3ryc~fsaid Section ;U South UU"Z3'UtT" ~Ves~~ 91~:3G feet, thence South ~9°37'00°' East, 5~?3,7 f~-et,#o t1~e 7dECri?~_tii\G C `POIi~T ofiY~is caszmcnt`r-~.nterlinc; Thence Sa~~1h ;22'1'2?" ~'-ast,;52?9 f~;et, Thence South ~1°~~°~4" East,=~~Ci.~J$:t~ei; ThavcE: Stiixth 4S°?6'UCi" ~~'est,1 ?7_bJ fee# Tfii:iice Se,uth (30° 13 -4'b" tl~r~;st,.1 r ; :7~ feet to the E\DI?!G POl~1T of; t}us ' ~~~~r.~Unt ces3tcrluie: Si~cliics s17~rt~ned or e~fLnded as reci~irad to f~m~ a ct~ntinuovs stri}, of 1~.ncL ; ~. - ~ ~_ ~~~, - ~ ,~ t, : ~''= ~c t~~~,~ - , .~< - ~~ "~ ~: ~ ~'~" -f 40921=~~E~D.OG • • 1/4 25130 EXHIBIT B ~~ <~ r' 0 N TgNA S~ DIV~~ • 1 VEN ., i~ ~ ~ S 89'37'00°E I - - ~c , 2s X q\c{~ / ° I I ~ ~ ~ ~ ``\` ~ . I I ~ ~ ~ ~~~ ~ I ~-- ~ ~ PROPOSED Z I ~ ~ VENTANA SUBDIVISION NO.3 / I ~ --~ l~ I I ~ \ I I \~~ ~~ ~ ~- ~ I IZ ~~~ f-- --err T ~ ~i ~ ~ ~PII~ ~ I b' ~ z N -~~_ _~ L_J-L_.J-I__J-l_ ° I~ ~i ~ PROPOSED ~ SCHOOL SITE ~25 ~ 30 E M_cMILUW_RD_ 3~ .31 I ~~ ~~ / ~~ i ~~ . ~~ '~ ~~ ,~ ~,/ io' ~ ~ ~' ~ ~~ scAl_E 1"=200' TEMPORARY CITY OF MERIDIAN DWG.DATE 01/13/06 bkb SANITARY SEWER EASEMENT NG/NEER/NG E PROJ. N0. 40921 VENTANA SUBDIVISION /SCHOOL SITE SOLUT/ONS SHEET uP 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 30 T 4N R 1 E B M 150 E. AIKENS STREET, SUITE B EAGLE, IDAHO 83616 40921-SSEASE.DWG , . ., . ., . . MERIDIAN, ADA COUNTY, IDAHO P~^8 (toe) sae-oeao Fax (2oa) sae-os41 ~/ ,,, ~:~, u n February 24, 2006 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT ITEM NO. 6-H REQUEST Public Works Budget Amendment (Line Item Transfer) for Well Rehabilitation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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 public meetings shall become properly of the CNy of Meridian. • • ~,~C~IVEI ~E~ ~ 200 pity ®f Ii~e~.dia~ City Clerk ®fficc Memo To: Mayor De Weerd & City Counal From: Brad Wat~n, P.E. CC: File, City Clerk, Sthcy IGlchenmann, Ridc Clinton Date: 2/23/06 Re: February 28, 2006 City Council Meeting Agenda Item The Public Works Departrnent requests that file item below be consider~l on the February 28 City Counal agenda, on the Consent Agenda, for Counal's consideration. Budget Amendment (Line Item Transfer) for Well Rehabilitation. Attached is a line item transfer for the Public Works-Water Division. This r~uest regards the Well No. 17 problems I discussed with you at the February 21 Council meeting. The explanation and justification is contained in the attached budget amendment form. Well #17 is located on Locust Grove Road about 1/2-mile south of Overland. It is one of the main producers in the high pressure zone and needs to be operational later this spring when higher demand occurs. This well was constructed in 1996 with a drilling method and materials we no longer use. Our estimate of the total cost to repair Well #17 is approximately $160,000. The "Well RehabilithtionA account has Hearty $100,000 left it for FY'06. The "Well #22 Construction acxount, containing $04,100, is no longer needed. Recommended Council Action: Approve the budget amendment (line item transfer) of $64,100 from account #3480 96133 (Well #22 Construction) to account #3490-96168 (Well Rehabilitation). Thank you for your consideration. ~ Page 1 ~~~~~ c~'~o ~~~~ m ~~ W °~ ~ N ~ ~ ~~ ~.. ~o~.~ } ~ ~~= m ~~~ ~'~g_,~ ~~~~ ~~ ~ ~~~~ ~~~ ~ ~~~g~~ E ~ ~'~ ®._~~v Z W g ~ DZ _W W Q O W Vm~~ ~~ ~~ ~~ ~ ~~ ~- ~~~~ ~~~ ~8~ D ~~~ ~~~~. ~~~~ ~~~~ ~~~ m s ~N s y°aUd s~~~~ W ~ Q Z W ~ (/) O~U~ z~=0 ~_ti~ ~~ en us . es . us w ~ _ ~ ~ ~ ~ $ ~ m ~ ~ ~ LL ~ ~ ~ ~ H O 3 $ ~ ~ ~ a 3 u a ~ o p pp a ~ ~~~Nyyy ~ ~ ~~ ~ p p C7 ~ pp 1+) r N P p 17 r aq 0 N ~ N ~ N `~' N ~. ~ o v a et .r v a v v ~ O I- O d a ~~ ~Q ~~ ~a c ~~ ~~ ~~ ~~ ~~ E a~ ~~ ~~ m ~~ ~~ ~~ $W Q z w W m z 0 z gw Q z~ w~ ~a a W ~~ ~ U ~O LL ~ UOO 8 LL W O~ OW ~ zz ~ ~ 'c F ~ ~ ~w a ~ ~ w~ m f.. ~ ~m ~_ ~ ' c~ $ WU ~ ~ ~ MU a February 24, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Fire Department -Joe Silva ITEM NO. 7-A-1 REQUEST Discussion of Amendment to Fire Code Ordinance 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 wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Ordinance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BQRTON, ROUNTREE, WARDLE A,N ORDINANCE AMENDING TITLE S, CHAPTER 2, OF THE MERIDIAN CITY CODE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE, DEFINITIONS, A PROHIBITION AGAINST OPEN BURNING, EXCEPTIONS TO SUCH PROHIBITION, H~TJRNING PERMITS, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVHyING A SAVINGS CLAUSE; AMENDING TITLE 5, CHAPTER 3, OF THE MERIDIAN CITY CQDE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE, DEFINITIONS, AIR QUALITY DESIGNATIONS, HEIGHTENED AIR QUALITY INDEX PROHIBITIONS, BURNING SOLID FUEL OR REFUSE, APPLICABILITX OF CHAPTER, PROVIDING FUR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title S, Chapter 2 of the Meridian City Code, regarding open burning, became outdated upon the promulgation of the Rules for Control of Air Pollution in Idaho by the Idaho Department of Environmental Quality and the adoption of the International Fire Code, 2003 edition, in Title 10, Chapter 4 of the Meridian City Code; WHEREAS, Title 5, Chapter 3 of the Meridian City Code, regarding clean air, became outdated upon the promulgation of the Rules for Control of Air Pollution in Idaho by the Idaho Department of Environmental Quality, the adoption of the International Fire Code, 2003 edition, in Title 10, Chapter 4 of the Meridian City Code, and the passage of the Solid Fuel Heatvng Appliance Ordinance set forth in Title 10, Chapter 1, Section G of the Meridian City Code; WHEREAS, the City Council o£the City ofMeridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate open burning in a manner consistent with other applicable City ordinances and the International Fire Code and the Rules for Control of Air Pollution in Idaho; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate clean air in a manner consistent with other applicable City ordinances and the International Fire Code and the Rules for Control of Air Pollution in Idaho; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: AMENbMENTS TO OPEN $URNING AND CLEAN AIR ORDINANCES PAGE 1 OF 15 C~ • Sectalon 1. That Title S, Chapter 2, of the Meridian City Code is amended to read as follows: 5-2-1: SHORT TITLE: This Chapter shall be known as the CITY OFMERIDIAN Op,E~gU~~C ORDINANCE. 5-2-2: PURPOSE: The purpose and intent of this Chapter is to ' v urnin within the i of Meridian. 5-2-3: DEFINITIONS: For purposes of this Chapter, in addition to the definitions set forth in the International Fire Code as adopted in Title Y 0, Chapter 4, Meridian City Code the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. AGRICULTURAL BURNpVC; The open burnin of lent life the course of any agricultural, forestry or land clearing operation n the premises in 'D A ~.._7 _ . _ _ (~ It AMENDMENTS TO OPEN BIJRNWG ~~ CL>;AN AIR ORDINANC>rS PAGE 2 OF 15 ! ~ converted to a uniform scale ran~in~ from 0 to 500 with the pollutant that has the highest ambient concentration measured in a~ven area determining ~e AOI BURN BARREL: A xum, cylinder or other such container in which residential outdoor burning may be conducted. The use of a burn barrel is a form of anon burning. ~L,TRNiN PERMIT: The City of Meridian burning ver~x~i~ issued by the fire chief or his desi~gursuant to this ClaaAter. EXTINGUISHED: The absence of any visible flames smoke or emissions FIRE CHIEF: The dul a iut fire chief for the Ci of Meridian or his desi ee. IGNITE or IGNITION: To cause a fuel to ODOR: ~~~~i~u~..~.:., ~.,..,,....:..,.., ..• ..r~~.,. i... F y~ The property or quality of a substance that stimulates or is perceived by the sense of smell the standards for which shall be judged by the fire chief or his designee on criteria t may include intensity, duration. freauency. offensiveness and health risks nn~ ki~Tl~N~lt~~,~'~ha harra~na =-_ .; +t,.,+ +t, .~ , + ~' + +~.' f"y~. + ~ 4"IIC~7SOr' PERMIT HOLDER• Any person issued a cit~f Meridian burning_permit PERSQN: Any person, corporation, firm, partnership or any Federal, State or local governmental entity. REU FLAG WEATHER WARNING: A notification issued by the National 'Weather Service that atmospheric conditions exist or may exist which may result in hazardous burning conditions. RESIDENTIAL[, OUTDOOR BURNING: The open burning of rubbish household waste tree leaves, yard trimmings, or ~ardenin~ waste at a private residential property. AMENDMENTS TO OPEN BURNIN4 AND CLEAN AIIt QRDINANCES PAGE 3 OF 1 S SMQKE: Small gas borne particles resulting from incomplete combustion, consisting predominately, but not exclusively, of carbon and other combustible material. TRADE WASTE: An olid li uid or aseous mat 'al resultin from the construction or d olition of an structure or the operation of any business. trade or Indus .Trade waste ma include ut i not limited to the followin materials and their containers and/or acka ' :wood sawdust all cardboard vin 1 metal lass brick as halt t aint stain sealant ca lkin bark chi s shavin an cull wo d. 5-2-4: P)I~OH'IRITION AGAINST OPEN BTJRNING: • > } ---- - _-~ ~.-. J... .. rv ,a,..v ti C Z G l aL' .~ + . A. Exc t allowed under section 5-2-5 of this cha ter and all o en burnin shall be rohibited B The followin a of q en urnin shall be ecificall ro 'bited: 1. Use f bum barrels. 2. 'cultural burnin , 3. Residential outdoor burning: C. O en burnin of the followin materials shall b 'ficall rohibited: 1 • emically-treated wood includin but not limited to, railroad ties and/or telephones . Combus 'ble materi s• ~. Commercial or industrial waste• 4. Dead animals• 5. G rba ' 6. Hazazd us aterials• AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 4 OF 15 7. Heaw petroleum products; 8. Insulated wire; 9. Mill waste; 10.Oil, grease, and/or asphalt; 11. Paints: 12. Pathv~eawic waste; 13. Plastics: 14. Rubber; 15. Taz and/or tar parser; 16. Tires 1'7, Trade waste, sAecifically including, but not limited to the burning thereof at construction sites: 18. Vehicles. 5-2~5: EXCEPTIONS TO OPEN HtURNING PROH][~ITION: Notwithstanding the provisions of section 5-2-4 of this chapter and the International Fire Code as adopted in Title 10. Chapter 4. lVleridian City Code the following types of fires shall be allowed: A. Fires Allowed With Permit: The following types of fires maybe allavved by permit anly: AMENDMENTS TO OPEN $URNING AND CLEAN AIR ORDINANCES PAGE S OF 15 1.Open burnin og f irrigation ditches and fence rows for the uurpose of weed control, except that such fires shall be permitted only between $:00 a.m. and sunset. Unless otherwise authorized by_uermit, the following conditions shall apply to open burning of irrig~tian ditches and fence rows at all times from ignition of the fire until it is extin~u shed: a. At least one portable fire extinguisher with a 4-A minimum rating or other annrot~riate extinguishing anent and a method and/or equipment for applying such extinguishing anent must beavailable for immediate utilization. b. The uermit holder must attend the fire at a 1 times. c. The Hermit holder must be 'n possession of th~ermit at all times. 2. Bonfires. so long as the fire chief or his designee has conducted a thorou inspection thereofprior to i 'tion. The fire chief or his desi ee maysupervise the building, ig_n'tiona and maintenance of any bonfire. Unless otherwise authorizes by permit. the following conditio s shall apply to open burning of bonfires at all times from ignition of the fire until it is extin ish~.: a. At least one portable firs extinguishgr with a 4-A minimum ratin~or other app~Q~riate extin fishing agent and a method and/or equipment for applying such extinguishing agent must be available for immediate utilization. b. The permit holder must attend the fire at all times. c. The permit hol er must be in possession of the permit. at all times. ' :.~@~ ' B. Fires used in the training of firefiglitin~personnel by direction of the fire chief or his desimee shall not require a permit. C Conditions Applicable to A11 Fires• The followin@ conditions apply to all oven burning fires. including those for which a permit has been issuedi: Open burning shall be allowed only where the fire is built. ignited, and maintained in accordance with time place and manner restrictions established bylaw including, but not limited to• Meridian City. Code Title 10 Chanter 4• a Meridian Glean Air Ordinance: all applicable provisions of the. Idaho Code; and rules and regulations romulgated pursuartt thereto. All open burning even if a valid permit has been issued or no,permit is required, i$ prohibited when the air quali index reaches 50 or higher for any pollutant. It is the AMENDMENTS TO Or~N BURNING AND CLEAN AIR ORDINANCES PAGE 6 OF 15 responsibility of the holders of valid permits or anyone wishing to unite a fire for which no hermit is rewired to deterxine the level of the air duality index prior to ianitin~ any fire. The holder of a valid permit or any person igMiting a fire for which na $exmit is required shall determine the level of the air qualitX,index prior to i ngnihn,~ any fire. 3.Onen burning shall be prohibited when a red flag weather waxxaiax~ is in effect or forecasted far within twelve (12) hours following ignition or when atmosvheric conditions. Qr other circumstances present a danger to land, property, and/or human health an.~ safety. The holder of a valid peru~it or any person i ng iting_a ,fire for which no p 't is reauired shall determine the red flag weather warning_status and forecast prior to ignitin any fire. 4. All fires shall b~ constantly attended until the fire is completely extineuished. 5-2-6. PERMITS: > > • ~E?`11fl;~iHPF6~9-9~ ~ L`..1...,...... 1 G F~ A/1n~21 ..« T.,1., t c a.... l1..+..1.a.. 1 C A ~.,raas AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PACE ~ OF ~ S A. Application for a permit required by this Chapter shall be made to the fire chief in such form and detail as prescribed by the fire chief. Applications far permits shall be accompanied by such plans as prescribed by the fire cads official. B. Anyperson denied a burningpermit may appeal such dezaial in writing to the Meridian City Council. Such appeal must be made within thirty (301 days of issuancg. The City Council shall rule on said appeal within fifteen (15) days of receipt. > > a -~ ~ ;r..~~:,~. 562-7: APPJL.i<CABILITY OF ~I~'APTER: Nothin in this chapter is intended to conflict with. supersede, repeal,._nr affect any applicable state or federal laws, rules, and/or regulations. 5-2~1$: ENFORCEMENT AND PENALTY: A. Enforcement: The fire chief, and/or his esimee, andL any law enforcement officer ~e}ashall have the authority to enforce the provisians of this chapter. B. Penalty: Each violation of any regulation hereunder or the provisions of anv permit issued thereto shall be a misdemeanor, and for each day said violation shall AMENDMENTS TO QPEN BURNIl~TG AND CLEAN AIR ORDINANCES PAGE 8 OF 1 S • i continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1-4-1 of this code. S-Z-9: SEVERAB~ILIT'Y: If anYprovision or section of this Ordinance shall beheld to be invalid by a court of competent jurisdicfon, then such. provision Qr section shall bQ considered separately apart from the remaining nrovisians or section of this Ordinance, which shall remain in full force and effect. Sectioffi 2. That Title 5, Chapter 3, of the Meridian City Code is amended to read as follows: 5-3-2: PURPOSE: The purpose of this chapter is to protect air quality resources vital to the public health, safety, and welfare of Meridian residents and the economic future_-#~s~g 5-3-43: DEFINITIONS: In addition to the definitions set forth in other applicable state and federal laws and ci ordinances including but not limited to, Meridian City Code Ti~1e 10 and the codes incorporated by reference therein. for the purpose of this chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall'" is always mandatory and not merely directory. A Tyr Ul1T T T TTT/'lAT- TL. n ~- •a rmt x vz-rp vrcc.rr-z sir+-~ crsC~3fd~Pr-Au~~96A9~IPrF$'9 EI~T , ...~....., ., r ...... ... .........~.. ~.__, .... __ AIR QUALITY INDEX (AQI): A system used by the Idaho department of environmental quality (DEQ) to report daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AQI. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 9 QP 15 i • . , n n BURN DOWN: That period of time required for the cessation of combustion and/or burning. 0 n n n n S8F'bt168Srf~~3~ 8r-~A61~8~a~6~ INCINERATOR: An duce designed ar operated to reduce the volume of refus_~ solid waste by bumin~. Pathological incinerators are excluded fr m this definition. OPERATOR: Any person owning solid fuel burning equipment, ax who is responsible for placing fuel into or isnitin~fuel within a solid fuel heating appliance. e; PERMIT HOLDER: Any person issued a city of Meridian burning permit. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 10 OF 1 S • REFUSE: A11 solid waste, garbage, and rubbish, including, but not limited to, cardboard, plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated woad. ,.fit,.®.,+ :w ., t~,,.idang frar thn t~itrr~n:~n ..~.........e t,e..~:«r. tr., ..,,~ •a ~ t t, ~• a ~ i ~ v > - SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion, inch ~o.g. but not limited toia woad stove. . ; 5-334: AIR (IUALITY DETERNIINATIUN ~: ;Air quality within the city of Meridian shall be determined by referencing daily areawide pollutant levels, known as the area's air quality index, as reported by the Idaho department of environmental quality. > > ~~ 5-3-5: HEIGHTENED AIR UALITY INDEX PRO1~IItI'~YdN5: AMENDMENTS TO OPEN BURNING AND CLEAN AIR QRD]NANCES PAGE 11 OF 15 • A. Whenever the Idaho department of environmental duality reports an air quali index of seventy-four (74 or gxeater and forecasts air stagnation conditions to continue for at least twenty-four (24) hours, the following additional restrictions and/or prohibitions lsha l auply 1. Appliances And Fir places: All wood burning, including, but not limited to burning within a solid fuel heating appliance or fireplace, shall be prohibited except that a person who commenced wood burningprior to the issuance of a report of an air quali index of seventy-four 74~ and a forecast of air stagnation conditions to continue for at least twenty-four (24) hours shall have a bum down period of three (3~ hours, after or within which period combustion and/or burning must cease. No person undertaking a burg. dawn under this exception shall cause or allow woad burning, unless ap exer~tption has been granted by the fire chief ar his desien.ee. Z. Incinerators: Na person shall cause or allow the au~aratian of a solid waste incinerator. Thieschapter shall not apply to pathological incinerators. B Al open burning even if a valid permit has been issued or no permit is required, is prohibited when the air quality index reaches sixtv~60) or hi er for any pollutant. C. Holders of valid burning_permits and dersons i~d a fire for which no permit is required, including, but~not limited to, operators of solid fuel heating appliances. shall deterrr~ine the air quality index and air stagnation forecasts prior to igniting such fires, ai d shall monitor the air quality index and air sta~onation forecasts throu hg_out burning and/or use of such appliances, The air quality index and air sta ation forecast maybe determined by contacting the Idaho department of environmental aualitY ~~ ~~ 5-3-x: BURNING SOLID FUEL OR REFUSE: A. Solid Fuel Ideating Appliances: No person shall cause or allow the burning of any matter other than wood fuel in a solid fuel heating appliance designed for wood fuel._ uch prohibition shall include, but is not limited to, refuse r coal. B. Incinerators: No person shall cause or allow an ~e#x~incinerator to be operated contrary to the design, specifications, emanufacturer's instructions and/or laws pertaining ~~reto. A~NbMENTS TO OPEN BURNING AN1p CLEAN AIR ORDINANCES PAGE 12 0~' 15 • i ,~ A_ ~1~-P7t'@ --' ~ ~i~~0 Y~t~ '~ ~'y'i~ii~ ~ ~ ~ 6 ~ 1' ~y ~ ~ t. ~ C.~t ~ r~8 7 ~ 7 -[ I~zt arrs If 7 ~ 7 AMENDMENTS TO OPEN $UIZNING AND CLEAN AIR ORDINANCES PAGE 13 OF 15 • 5-3-~7: APPLICASILTI'Y OF CRAFTER: Nothing in this chapter is intended , to conflict with, supersede, repeal, or affect any , > > e~l~s-tidy: applicable state or fader laws. rules, and/or re ations. 5-~-~: ENFORCEMENT AND PENALTY: A.Enforcement: The city of Meridian's fire chief, ese~ or his deli ngnee and/or any law enforcement officer e-sit~e~€ Mei~a~ shall have the authority to enforce the provisions of this chapter. B.Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation sba11 be punishable as provided in section 1-4-1 of this code. 5-3-9: SEVERADIQ.ITY: If anyprovision ar section of this Ordinance shall be held_ to be invalid by a court of competent jurisdiction th such provision or section shall be considered separately and aUart from the remainingprovisions or section of this Ordinance which shall remain in fall force and effect. Seetlon 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 14 of 1 S ~ ~ Section 4. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and pne (l) reading in full be, and the same is hereby, dispensed with, acid accordingly, this Ordinance shall be in full force and effect on 2006. PASSED by the City Council of the City of Mericlfan., Idaho, this day of , 20Q6, APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2006. APPROVED: MAYOR A'~.'TEST; CITY CLERK AMENDMENTS TO QPEN BURNING AND CLEAN AIR ©RDINANCE5 PAGE 15 OF 15 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSiJANT'X'O I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.Od- PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY OPEN BURNING AND CLEAN AIR ORDINANCES An Ordinance of the City of Meridian amending Title 5, Chapter 2, ofthe Meridian City Code and amending Title 5, Chapter 3, of the Meridian City Code. A full text of this ordinance is available for inspection at City Ball, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho This Ordinance shall become effective upon passage and publication. Mayor and City Council of the City of Meridian By: William C. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2046. William. L.M. Nary, City Attorney AMENDMENTS TO OFEN BURNING AND CLEAN AIR ORDINANCES PAGi; l OF l February 24, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT City Attorney -Bill Nary ITEM NO. ~-8-1 REQUEST Request for Impact Fees for Heroes Park by Farwest, LLC 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: COMMENTS See Previous Item Packet /Minutes See attached ~"I' ~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. ~ ~ INTEROFFICE MEMO DATE: 2/23/2006 TO: MAYOR & COUNCII. CC: DOUG STRONG, STACY KII.C ,BILL NARY ~E~ ~ ~ ZOO6 FROM: RETA CUNNINGHAIVI City ®f Meridian. City Clerk ®ffi.ce RE: PARK IMPACT FEES FOR FARWEST REIMBURSEMENT I understand Farwest LLC is looking to amend their Park Impact Fee Reimbursement Agreement to include the subdivision Fulfer Sub, (aka: Kelly Creek Sub). Looking back at fiscal pear 2005 the City received Park Impact Fees of $117,682 and another $39,684 during the 1~` quarter of fiscal pear 2006 for a total received of $157,366 from the permits sold in Fulfer Sub. 2/23/2006 Confidential 1 Meridian City Council February 14, 20!16 Page 12 of 56 150 trees on that site with Eagle Scout projects, things like that, I have got working. Thirty picnic tables. Anew 30-by-60 shelter. And about 30 trash cans. So, come fall about time that soccer is ready to go -- there won't be a restroom and stuff there, but there will be enough stuff there to handle the load of a 490 some car parking lot. So, that's where I'm at tonight. So, I would request an impact fee amendment to Heroes Park budget of 31,585 dollars. De Weerd: Council, any questions for Mr. Huff? Bird: I have none, Mayor. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the request for impact fees oP 31,585 for Heroes Park. Bird: Second. De Weerd: Okay. Motion to approve the request for 31,585 dollars. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. We appreciate you bringing your wife to share in this special evening. Huff: Thank ypu very much. Rountree: You better watch what you get for the next holiday. 4. Request for Impact Fees for Heroes Park by Fanaest, LLC: De Weerd: Okay. Item No. 4. Mr. Nary, I believe you are covering this. Nary: Thank you, Madam Mayor, Members of the Council. You have a letter on your laser fiche from Wilson and McColl. I did speak with a representative from Farwest, LLC, this evening and they weren't able to get a representative here. You have this letter in front of you. I don't know if you have all had an opportunity to read it. I can summarize it very quickly. Basically, when the Lochsa Falls Subdivision was proposed and part of the ground that was being proposed that is now Heroes Park, a portion of it was to be donated and a portion of it the city was going to purchase at a fairly reduced Meridian City Council ~ • February 14, 2006 Page 13 of 56 price, especially in today's market per acre. The strange thing in the development agreement that was imposed at the time indicated that the impact fees that were collected from Lochsa Falls would be applied towards the purchase price. It didn't just indicate all the impact fees, but ones just from that. There was some - I guess some changes in the partnership that brought - or brought the Lochsa Falls Subdivision - some of that property has been removed and put into a different project that eventually became Kelly Creek. So, the city has been taking all of the Lochsa Falls impact fees and applying it and reimbursing the developer, but what they are asking is is there will be a shortfall based on the number of lots that have now been re-adjusted due to these changes and, therefore, they are asking for reimbursement for the full amount of what was contemplated at the time. You know, it certainly makes sense as to what they are requesting. If you would like to have a member from Farwest, LLC, be present, I told them I would ask you if you wanted to set that over, I'd notify them of the date that they could be present in the future. If you think there is enough information here for you to take some action, that's certainly within your prerogative to do. But that's the basis of the letter in a nutshell. If you have any questions I hope we could answer those for you. $120,157.50 is the difference. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have a question. Bill, do we -did you find out if under the Gibson Fulfer deal, did we collect the impact fees on that, too, and was that credited to Lochsa Falls or how was that done? Nary: From what I understand, the ones -once it became not a Lochsa Falls project, those impact fees are collected, they just weren't credited towards this purchase. So, the city did collect impact fees from all of these projects, just that the way this development agreement was worded at the time indicated the only ones that would be reimbursed were from the Lochsa Falls project. Bird: Yeah. That's what -- I mean I just - De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Bill, is this -have there been other occasions like this where this has happened, where there has been a shortfall and, if so, how was that treated? Meridian City Council February 14, 2QQ6 Page 14 of 56 Nary: Madam Mayor, Members of the Council, Councilmember Borton, I'm not aware of another one. I think because it's not - it isn't common for the city to have dedicated specifically like this. I don't know - I can't recall specifically why it was done in this particular fashion, but it isn't common. Normally, the impact fees are simply reimbursed towards it. It generally works out on a one to-one basis as was contemplated. Here because the property changed hands and the development changed a little bit after the deal was struck, is the reason for the shortfall. But normally, no, I don't believe I can recall in the last five years this type of request, it's just that most of them don't get specific to this degree in saying it has to be this project. There is some language that was contained in there that talks abut requesting reimbursement if the city ever went to zones and the city doesn't have any zones currently for parks. They look at parks in the global scale for the entire city, so we collect impact fees city wide for all city projects and I think what was anticipated at the time of this agreement was that if that potential existed, it would still give them the ability to request beyond Lochsa Falls, because it was determined that this park would be serving more the Lochsa Falls Subdivision, then, the city would be free to, then, reimburse from other -other impact fee zones. Again, we don't have any zones, so that never happened, but it was contemplated at the time that if it did, then, the city would be free to reimburse from other areas or pockets where they would have gotten impact fees. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, in the original, Gibson and Fulfer property was included in that. Nary: Yes, sir. Bird: So, basically, we would be living up to the agreement if we used those that they received and that gets it back to the right amount of lots. Am I not right on that deal? Nary: Madam Mayor, Members of the Council, Councilmember Bird, that's correct. I think realistically what they are asking is just simply an adjustment and a request for a budget amendment to take it out of the impact fee accrount. Again, we don't have zones, so we collect all the funds from the city and put it in one pot and, then, divvy it out for different projects and budgets in particular for different reasons. But, yeah, you're exactly right, if you took the same amount from Kelly Creek and those other subdivisions that were developed, North McMillan and Ten Mile area, it would, essentially, be the same result of what was contemplated at the time. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Nary, the purchase -the original agreement on purchase price was not changed; correct? Meridian City Council February 14, 20Q6 Page 15 of 56 Nary: That is correct. No, it has not. Wardle: And, essentially, we have -from what I hear, we have collected fees already and are in the impact fee area, just not specifiically under the same name. Nary: Correct. Wardle: Okay. Nary: Yes. All they are contemplating in their letter is that if we stuck to this specific language, that once they have built out Lochsa Falls and there is not a large number of lots remaining, they will still have the shortfall of 120,000 dollars. Ike Weerd: Okay. Any other questions, Council? And we are looking for direction. Nary: Madam Mayor, Members of the Council, if you want to -- if you feel comfortable based on the letter and the information that's been provided to make a decision, you're free to do that. If you would prefer it have a representative from Farwest, LLC, in case you have other questions or concerns, you certainly can reset this to another day. I will notify them of that specific date and they will have a person here. So, it's really up to you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd like to ask Director Strong if the parks has any -- if they agree with this or if he - -you know, I'm sure he does, because - Strong: Madam Mayor, Members of the Council, and Councilman Bird, in my review of this and review of the legal department, it looks like a reasonable request. I'm certainly not an expert in these situations, but it looks like the way it sorts out would make sense. Bird: You're okay with that, then? Strong: Yes. Bird: Okay. De Weerd: Thank you. Any other discussion? Rountree: Madam Mayor, I just need clarification, I guess, from Bill. All of the fees have been collected to make this difference in the other subdivisions that have been developed since this property changed hands or are there more fees to come towards this and the way I read the agreement, if that's the case, then, would that not Meridian City Council February 14, 2006 Page 16 oT 58 necessarily apply all of the -the differences at this point, but simply maybe an amended development agreement, to have those fees payoff as stated in the agreement? Nary: Madam Mayor, Members of Council, thank you for clarifying that, because I think that's probably what I left out. 1Nhat they are asking is that the Council approve that the fees be collected - as the fees are collected that they be made whole for the total amount of what the purchase price that was contemplated when the park property was purchased from the - by the city. They recognize that we aren't necessarily giving them a check for 120,000 dollars. That as we are continuing to collect, Lochsa Falls isn°t completely done. All they put in this letter is saying once it is there is no shortfall. NVe are still collecting fees from Kelly Creek and the surrounding subdivisions as they develop. So, all you would be authorizing is that the city would make them whole, complete the full purchase price and apply the fees as collected from the other subdivision or out of the park impact fee account to make this whole as they have been collected and contemplated. Does that make sense? Rountree: Uh-huh. Gorton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: To make sure - it makes sense to me. So, it's not necessarily an allocation of collected impact fees right now, it's more recognition that impact fees as they are collected in the future, will still be allocated to cover that Nary: Councilmember Borton, that is correct. Yes. As they are collected they can be, then, reimbursed to them as it comes through the city. Gorton: Does that require action now to approve that or is that something we just need to be aware of and, then, when those -when Lochsa Falls is finished with its sales that that gap be filled in at that time. Nary: 1f you would - if you would prefer, I mean they can certainly request to amend the development agreement for that portion. If you think -because you're correct, if you - I think what they are seeking now is your -Council's action saying you're going to concur with their request, you will authorize that the future collection of impacts fees, until this full amount is reimbursed to Farwest, LLC, that they be paid from those impact fees that guy collected. Again, it doesn't have to be from one specific subdivision, it can be from any of the impact fees that are collected, but they would be reimbursed as these get collected. If you want it in a different formula, we could ask them to bring what their proposed formula or timing is. You can ask them to bring a development agreement amendment in conjunction with your motion to concur with the request, but requires them to amend the development agreement to reflect that and the timing and any of those options are certainly available to you. Meridian City Council February 14, 2006 Page 17 of 56 De Weerd: Okay. Any further information needed? I will need a motion to act on this. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we -that we -- I guess inartFully worded -concur with the request for Farwest to be made whole, along with the original intent of the development agreement, but that an amended development agreement be brought forth for the Council to reflect that concurrence and the city's obligation to make them whole for the entire impact fee amount in the shortfall. Bird: Second. De Weerd: Okay. The motion is to approve the request and bring back an amendment - an amended agreement. Mr. Nary, is there any further information you need? Nary: No, ma'am. De Weerd: Okay. Any discussion, Council? Mr. Berg, will you, please, call role. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. So, as I understand it, we will come back with an agreement, but will you also notify the accounting department of this? Nary: Madam Mayor, I will. C: Fire Department - Mr. Johnson. De Weerd: Thank you. Thank you, Mr. Strong. Okay. Item 7-C. Fire Department. Mr. Johnson. Johnson: Thank you, Madam Mayor, Members of the Council. Tonight I'm here to discuss with you the equipment rental agreement with the Idaho Department of Lands for assistance on wildland fires throughout the summer. A couple of weeks ago they approached us to sign this agreement, which we have not done in the last several years due to costs that would be incurred by the city and fire department, because of the way the agreement was written. What they want is to rent a piece of our fire apparatus to go up to a fire out of McCall where it's threatening structure, use a Meridian fire crew to help protect these structures. The way the contract used to read was it was a flat fee for the apparatus and equipment and our contracted labor costs through the union and stuff, would actually end up costing the city more money. So, they went through and February 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 14, 2006 APPLICANT Parks Department -Doug Strong ITEM NO. 7-8-4 REQUEST Request for Impact Fees for Heroes park by Farwest, LLC 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: COMMENTS w~"~ ~ a~~ ~N~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at publk meeftngs shall become property of the Cffy of Meridian. • JEFFREY M. WILSON (eff ®wilsonmccoll.com BRIAN F. McCOLL Brian @wilsonmccoll.com LISA B. RASMUSSEN lisa ®wilsonmccoll.com - LAWYERS - 4ao WEST WASwIN~TON PO5T OFFICE BOX 1544 BOISE, IDAHO 83702 January 25, 2006 ~C ~~ 2-~~-c~~ _' ~-4~ern -~ TEI ~ -F~-~ ~ - ~,~C~r~E EEE 1 3 2006 Ted Baird Assistant City Attorney City of Meridian 703 Main Street Meridian, Idaho 83642 Imo: Hero Park at Lochsa Falls Suabdivisio>ro Dear Ted: City ®f Meridian City Clerk ®i~ce I am writing on behalf of Farwest, L.L.C. In particular, Farwest is requesting that the City Council consider a modification to the reimbursement obligation to purchase 20.51 acres of the 25.6 acres that is being developed as Hero Park. Originally, the Development Agreement between the City, various land owners (Brandt, Goldsmith, Gibson and Martin), and Farwest, L.L.C. provided that Farwest would provide a 25 acre community park by gifting 5.09 acres and selling the remaining 20.5 i acres to the City. The sales price at $28,703 per acre was $588,699.00. The Development Agreement provided that Farwest would be reimbursed the purchase price from "100 percent of the park impact fees collected from the Lochsa Falls project, up to the cost of the 20.51 acres." See Development Agreement, pg. 10. The Development Agreement was entered into in connection with the preliminary plat for the Lochsa Falls Subdivision prepared by Briggs Engineering on August 1, 2002. At that point the "Lochsa Falls Subdivision" and/or the Lochsa Falls Project consisted of 357.15 acres. The Development Agreement went on to provide that the permitted uses were "856 single family dwellings, 171 multi-family dwellings, 11 office buildings, 1 commercial building, 1 City park, 1 private park, and 1 future fire station lot." At the time the project was annexed, zoned and granted preliminary plat approval there were several owners, which parties all executed the Development Agreement. By the time the project was developed, Farwest owned and developed approximately 252 acres as the Lochsa Falls Subdivision and the 80-acre Gibson property was developed by Kevin A. Howell Construction, Inc. as a portion of the "Fulfer Subdivision," with the remaining 25 acres developed as a City community park. At the time of the Development Agreement, there was just one project. In accordance with the Development Agreement, the City has been collecting the park impact fees, but only from the "Lochsa Falls Subdivision," and paying them over to Farwest. To date Farwest has received $438,015.45 for 651 lots. Lochsa Falls has 691 (of the 856 permitted) single family Ted Baird Assistant City Attorney January 25, 2006 Page - 2 residential lots and when park impact fees are collected on the remaining 40 lots, the unpaid balance of the park purchase price will be $120,157.15. The Development Agreement, along with an Addendum entered into in January, 2004, was at best ambiguous with respect to what would happen if there was a shortfall. No one doubts that the 25 acre park benefts many hundred, if not more than a thousand families that have moved to the north Meridian area. Although the original Development Agreement referenced collecting impact fees only from the "Lochsa Falls Project," at the time of the Agreement the Lochsa Falls Project was 856 single family dwellings, or essentially 165 single family lots more than what were subsequently developed in the subdivision known as Lochsa Falls. Essentially, the Gibson 80-acre property contains the other single family lots, not to mention the proposed office and multi-family development. Had the impact fees from the relevant portion of the Fuifer Subdivision been included, there would be little or no deficiency. Farwest respectfully asks the counsel to consider this inequity. One solution would be to start segregating park impact fees from the relevant portion of the Fuifer Subdivision, and if the fees from that subdivision are not sufficient to complete the payment of the full purchase price, I believe that the Council can go further to complete the contract by collecting impact fees from one or more of the neighboring subdivisions; those that clearly benefit from the community park. In fact, in both the Development Agreement and the referenced Addendum, it contemplated the right of the Developer to apply to the City to have park impact fees from other projects paid over to Farwest until the purchase price was retired. Admittedly, the language referred to the Developer making such application in the event the City approves a City Park zone system. I understand that there is no such zone system, but it is consistent with that concept to utilize impact fees from adjacent subdivisions to pay for this park. In closing, despite the ambiguities, it is clear that Farwest's intention was to gift only 5.09 acres, and to carry what was abelow-market purchase price of $588,699 without interest over time until it was paid. The right to include the relevant portion of the Fuifer Subdivision is well within the language of the addendum which says in pertinent part: "Park impact fees paid to the City of Meridian from lots sold in the Lochsa Falls Subdivision or in any other property developed and property described in Exhibit A of the Development Agreement" shall be paid over to the Developer. Exhibit A was the entire 357 acres. Thank you for considering this request, and please let me know if you can get it on the City Council's agenda for Thursday, January 26th, 2006, and if you think it will be helpful for myself or some other representative of Farwest to be present at the hearing to speak on the issue. BFMirc cc. Farwest L.L.C. Yours s' cerely, F ~~OLL l~ J February 24, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Mayor's Office ITEM NO. 7-C-1 REQUEST Appointment to Meridian Development Corporation 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: COMMENTS 1 - ~ . c OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presen#ed al public meetings shall become property of the City of Meridian. • Meridian Development Corporation Board Of Commissioners' Terms of OfFice and Occu ant History Action Term Expires In Seat # Name Descri tion Action Date Au ust O 1 Jim Johnson Appointed 28-Aug-2001 2004 Resigned 1-Jan-2003 Jonathan Cecil Appointed 15-Apr-2003 2004 Re-Appointed 3-Aug-2004 2007 2 Clarence Jones Appointed 28-Aug-2001 2005 Re-Appointed 1-Oct-2002 2005 Re-Appointed 13-Sep-2005 2008 3 Anne Marie Molenaar-Schram Appointed 28-Aug-2001 2003 Resigned 1-Feb-2002 Craig Slocum Appointed 2-Apr-2002 2003 Re-Appointed 13-Jan-2004 2006 4 Clair Bowman Appointed 28-Aug-2001 2003 Re-Appointed 3-Aug-2004 2006 Resigned 13-Oct-2004 Ron Anderson Appointed 15-Dec-2004 2006 5 Tammy de Weerd Appointed 28-Aug-2001 2003 Resigned 1-Jan-2004 Charlie Rountree Appointed 13-Jan-2004 2006 6 Keith Bird Appointed 28-Aug-2001 2002 Re-Appointed 1-Oct-2002 2005 Re-Appointed 13-Sep-2005 2008 7 Linda Rupe Appointed 28-Aug-2001 2004 Re-Appointed 3-Aug-2004 2007 Resigned 1-Jan-2006 Erik Oaas Appointed 7-Feb-2006 2007 ~ ~ a0 op O O N ~ ~ ~ ~ ~ O O O C ~ ~ C ~ ~ i •~ ~ O ~ ~ p ~ ~ ~ y N Q ~- ~, ~ a, ~ ~ N Q ~ Q o0 ~ cfl ~ ~ cl1 N 4 ~ .~ ~ .~ ~ k U U m a i a i C~ n ~ ` •M ~ ~ N ` ~ ~k O ~ ~7 ~ ~ `~ ~ O ~ ~ n ~ ~ ~ o ~ a ~ ~ ~ ` n ~ 3 ~ ~ ~ ~ %U ~ 4 N 0 ~ p n ~ ~. Q ~. 1 Q ~ ~ ~ ~ d ~ ~ ~ C ~ ~. ~ ~n IV v 00 ~ 00 -~ Op ~ OD 00 ~ 0p n ~7 a1 V ~ N ~ N N N N N N ~ N ~~ o ~ a~ w ao ~ o0 0 ~ ac cn ac C ~ ~ rn ~ 0 0 0 ~ o N o 0 0 0 ~. o ~ .a ~ o ~ ~ ~ w ~ ~ ~ ~ ~ ~ -~ 4 0~ ~3 ao 00 00 00 00 0o ao ao o~ ao ao 00 ~ a ~ ° °~ n°~ rn w° °°a °w w° i°v -°a .°a ~ o ~. c7 y ~ O a no d ao ~ ~ ao ;' cep v ao ~ ~ ~ O W ~ ~ W a ti ~ W ~ , ~ O ~ ~ O ~i`~ ~~ ~ O ~~ ~ Q 4 4 ~~ O 4 ~ ~ a ~' ai ~ O "' ~ ~ Ca ~ n C 00 OD d0 Qp OD OD ITS ~ O O O O O O ~ n V Ut V O U1 V ~. a a y ;. 3 ~ C° ~ ~ ~ ~ o' ;a ~o' w m Q ~" Q ~" 0 ~ v ~• O ..~, ~a v w a 0 a~ ao m aoo o°o ~~ February 24, 2006 FP 06-004 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Primeland Development, LLP ITEM NO. 9 REQUEST Final Plat approval for 60 single-family residential building lots and 4 common lot on 23.9 acres in a R-4 zone for Bridgetower Grassing Subdivision No. 14 -north of West Usticlc Road and west of North Linder 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: COMMENTS See attached Staff Comments No Comment MERIDIAN POST OFFICE: OTHER: See attached Letter from Engineering Solutions Contacted: Date: Emailed: Phone: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C February 28, 2006 IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLP FOR FINAL PLAT APPROVAL OF 60 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 23.9 ACRES IN AN R-4 ZONE LOCATED NORTH OF WEST USTICK ROAD AND WEST OF NORTH CINDER ROAD IN T. 4N., R.1W., SECTION 35 CASE NO. FP-06-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on February 28 ,2006, and the Council fording that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 28, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BRIDGETOWER CROSSING SUBDIVISION NO. 14 LOCATED IN T. 4N., R. 1W., SECTION 35, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/31/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 14 / (FP-06-004) Page 1 of 3 SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", PRIlVIELAND DEVELOPMENT, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 28, 2006, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 14 / (FP-06-004) Page 2 of 3 • The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Z~ ~ day of Fe~ruo~~n.t , 2006. By: ~- Tammy de eerd `,~~,,,~uue-1,,,~'~~ Mayor, of Meridian Attest: e•~` ~ '~., `~ ~~O William G. Berg, Jr., Ci Clerk = ~''-~~~^ r ~~, ~ ~~ a Copy served upon Applicant, the P1®~ en `J y ,'/t,~~®~OitE! IB9it10~`,,a`+s By' Dated: ~ - ~ -~ ~ Public Works Department, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 14 / (FP-06-004) Page 3 of 3 CITY OF MERIDIAN PZ"ANNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT STAFF REPORT: Hearing Date: February 28, 2006 `~~ ~~°` Transmittal Date: February 23, 2006 ~~t~-~~a TO: Mayor & City Council '~ `~ ~: FROM: Kristy Vigil, Assistant City Planner ~ ~" p `'"~ Michael Cole, Development Services Coordinator ~ C SUBJECT: Bridgetower Crossing Subdivision No. 14 Request for Final Plat Approval of Bridgetower Crossing Subdivision No. 14 Consisting of 60 Single-family Residential Building Lots and 4 Common Lots on 23.9 Acres in an R-4 Zone by Primeland Development, LLP. (File# FP-06-00~ We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has applied for final plat approval of the fourteenth phase of Bridgetower Crossing Subdivision. This phase includes 60 single-family residential building lots and 4 common lots on 23.9 acres. The gross density of this phase of the development is 2.51 dwelling units per acre and the net density is 2.97 dwelling units per acre. This phase is located approximately %z mile west of N. Linder Road and %z mile north of W. Ustick Road, in the East %i of Section 35, T.4N., R.1W. The subdivision is located in an R-4 zone and has been approved as part of a Planned Development (PD). The minimum house size within the subdivision is 1,400 square feet, excluding the garage. The approved Planned Development (PD/CUP) allowed for increased block lengths and a reduction in street frontage to 69 feet for single family residential lots in this subdivision. The common area lots within the subdivision consist of landscape and pathway lots, and will be maintained by the Bridgetower Crossing Homeowners Association. The pressurized irrigation system within this development is to be owned and maintained by the Bridgetower Crossing Homeowners Association. The fmal plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends .approval of Bridgetower Crossing Subdivision No. 14 with the comments and conditions stated in this report. SITE SPECIFIC REQUIItEMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP-OS-044), conditional use permit (CUP-O1-006) and development agreement (Inst. No. 101117652). 2. The applicant has indicated that the Bridgetower Crossing Homeowners Association will own and maintain the pressure irrigation system within this development. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development Exhibit "A" FP-06-004 Bridgetower Crossing Sub14 FP.doc PAGE 1 CITY OF MERIDIAN P'ZANNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval, with the final draft being submitted prior to signature on the plat on the final phase of this development. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. 5. If the fifteen-foot easement located along the eastern boundary of this subdivision is required by Settlers Irrigation District, then the applicant shall submit a copy of the license agreement with Settlers that allows the applicant to construct fencing, and pressurized irrigation facilities within that easement. Additionally the applicant shall denote that the easement is in favor of Settlers Irrigation District on the face of the plat. 6. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridgetower Crossing Subdivision. 7. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. The landscape plan, prepared by Harvest Design and dated 1/17/06, shall be revised as follows: a. Revise plan to reflect six foot iron fence. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 9. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, stamped on 1/3/06 by D. Terry Peugh, prior to signature on the final plat by the City Engineer: 1.) Revise to read, "...landscaping over the tenfl~ fourteen and a half (14 %z) feet adjacent 11.) Remove note; it is not necessary to be shown on the face of the plat. 10. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All storm water detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. 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. If the storm water detention facility cannot be incorporated into the approved open space Exhibit "A" FP-06-004 Bridgetower Crossing Sub14 FP.doc PAGE 2 CITY OF MERIDIAN P~NNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 12. Complete the Certificate of Owners, including the book and page number of recorded data, and the accompanying acknowledgement. 13. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit "A" FP-06-004 Bridgetower Crossing Sub14 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features .shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. 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 removed. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. 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 months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOD~IlVIENDATION Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 14 (FP-06-004) with the above stated comments and conditions. Exhibit "A" FP-06-004 Bridgetower Crossing Sub14 FP.doc PAGE 4 l • NG/NEER/NG punning and engineering commundies for fhe future OLUT/ONS~ 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@gwest.net RE(`,EIVELI ~E~ ~ 2006 February 23, 2006 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Bridgetower Crossing Subdivision No. 14 File No. FP-06-004 Dear Mayor and Council: City ~f Meridi.~ City Clerk ®l~ice We have reviewed the staff and agency conditions of approval for the City County meeting of February 28, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. Fencing will be consistent with that approved in the previous 13 phases of this development. 5. The applicant will comply with Settlers' Irrigation District conditions of approval. 6. The applicant will comply. 7. The applicant will comply. 8. The six-foot-high iron fence applicant will comply. 9. The applicant will comply. C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK9E1RecsResponseCC.doc Exiubit "B" Mayor and City ~.,txncil February 23, 2006 Page 2 10. The applicant will comply. 11. Due to the groundwater levels experienced throughout the project, the applicant needs to reserve the use of sand for ponds as previously approved by staff. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. Noted. We believe this letter addresses all staff concerns. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Frank Varriale C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK9E\RecsResponseCC.doc Exhibit "B.. February 24, 2006 AZ 05-050 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Conger Management Group, Inc. ITEM NO. 10 REQUEST Public Hearing -Request for Annexation and Zoning of 5.0 acres from RUT to R-4 zones for Reserve Subdivision -west of North Locust Grove Road and south of Chidden Boulevard 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: Emailed: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations /Findings Date: Phone: Staff Initials: Materials presented at public meetings shad become property of the CHy of Merldtan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & .ORDER 3 A ' 7~'~a ~ ;lerk ®#fico ~~~• ~-a~ t~~ ~i~ ~°~ "~~ ~~~ ~: ,; ,. ~4 ~Fx~ <<49 ~ o_-J^ -~ ~.~7~,~:w,-,~~~~-- `~ In the Matter of Annexation and Zoning of 5.0 acres from RUT (Ada County) to R-4 (Low- Density Residential) AND Preliminary Plat approval of 12 single-family residential building lots and 5 common lots on 5.0 acres, for Reserve Subdivision, by Dave McKinnon. Case No(s).: AZ-05-050 and PP-05-051 For the City Council Hearing Date of: February 28, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 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. 02-3 82 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-OS-050 / PP-OS-051 -PAGE 1 of 4 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 parry 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 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 7, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-050 / PP-OS-OS I -PAGE 2 of 4 • exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-050 / PP-OS-051 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ZC~ ~~ day of VOTED_~~~Gv VOTED_~~~~ VOTED_ C~~L K~ VOTED_G~~iv VOTED de WEERD ``~0 ~ ~ 3 J''p ~~ //®O ATTEST: o°° Cj~~~,GO~°'O. ~~ ~~ "~~ ®'~°,J WILLIAM G. BERG JR. TTY CLE ~`~~ = > ~,~ ~~ ~ 7- 4 1 Copy served upon: Applican~'0,,,,;,,a~; uaos~l`'°, /~lanning Department -~//~ublic Works Department City Attorney. B Dated: 3- ~ _Q CO ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-050 / PP-OS-051 -PAGE 4 of 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 STAFF REPORT Hearing Date: 2/28/2006 - 1 f `. !Y ~. i TO: Ma or & Ci Council '`°' y t3' _ ~a~,r~~ j9rt~~~_ ~,!~ FROM: C. Caleb Hood ~~~'~~,~~~~ f~. ~, ~ ,, Current Planning Manager City of Meridian Planning Department 4'~~~~. ~~''~'~ 208-884-5533 ~-~~ , g••y ~~v_T~T.ati~~5n''k,°'f=t~'`" ~. 192+7 SUBJECT: Reserve Subdivision AZ-OS-050 Annexation and Zoning of 5.0 acres from RUT to R-4 (Medium Low-Density Residential) PP-OS-051 Preliminary Plat request for 12 building lots and 5 common lots on 5.0 acres in a proposed R-4 zone, for Reserve Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave McKinnon, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres. The site is located on the west side of Locust Grove Road, approximately 1,000 feet south of Chinden Boulevard. This site is currently rural residential with one single-family residence and accessory buildings. The site has not been previously platted. However, four of the five acres proposed for development have been the subject of previous preliminary plat applications. In the spring of 2005, a 22 lot subdivision on 9 acres was submitted and withdrawn by the applicant, CS Development, on this site (AZ-OS-004, PP-OS-006 & VAR-OS-005). In the summer of 2005, an 8 lot subdivision on 4 acres was submitted and then withdrawn by the applicant, Conger Management Group (AZ-OS-035 & PP-OS-054). GO Properties, LLC, who owns one acre on Locust Grove Road has now partnered with Jake Centers, who owns four acres, to submit the subject applications. The five acres directly west of the subject site, with frontage on Jericho Road, has been sold to James Luchini and is not a part of the subject applications. Please see History of Previous Actions in Section 6 below. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on November 17, 2005, December 8, 2005 and January 19, 2006. At the January 19, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. ]n favor: David McKinnon (owner's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Craig Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Street connectivity in this area; ii. Current and past ownership of adjacent parcels; iii. Density; iv. Fencing; v. Availability of City services; and, vi. Turnaround for Commander Street. c. Key Commission Changes to Staff Recommendation: Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 1 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 i. Staff recommended denial of this project. The Commission voted 3-2 to approve the subject development. d. Outstanding Issue(s) for City Council: i. Whether or not it is in the best interest of the City to approve this development. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested Annexation and Zoning and Preliminary Plat applications below. At the December 8. 2005 public hearing, staff recommended denial of the subject applications. At the December 8. 2005, public hearing, the Planning and Zoning Commission voted to remand the subi ect applications back to Planning Staff so that Findings and Conditions of approval could be drafted. At the January 19, 2006 Planning and Zoning Commission public hearing the Commission voted to approve the subject development with the Findings (Exhibit Dl and Conditions of Approval (Exhibit B) as shown in the Staff Report for the hearing, date of February 28, 2006. 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-050 and PP-OS-051 as presented in Staff Report for the hearing date of February 28, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- OS-050 and PP-OS-051 as presented in the Staff Report for the hearing date of February 28, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-050 and PP-OS-051 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West side of Locust Grove Road, south of Chinden Boulevard, within Section 30, Township 4 North, Range 1 East. b. Property Owners: Jake Centers 1979 Locust Grove Road Meridian, Idaho 83642 GO Properties, LLC 5488 N. Bach Avenue Meridian, Idaho 83642 c. Applicant: Dave McKinnon Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Conger Management Group 405 South 8th Street, Ste. 290 Boise, Idaho 83702 d. Representative: Dave McKinnon, Conger Management Group 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) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres proposed for R-4 zoning. 1. Date of preliminary plat (attached as Exhibit Al): 10/7/05 2. Date of landscape plan (attached as Exhibit A2): 1/10/OS h. Applicant's Statement/Justification: "As you well know, this is the third revision for this much-maligned subdivision, but the revisions continue to make it a better subdivision that better reflects the City's Ordnances and Comprehensive Plan. The major changes to the subdivision are comprised of the inclusion of the one-acre parcel of ground located (on) Locust Grove (in the northeast portion of the proposed subdivision), a major revision of the entry into the subdivision, the inclusion of several more building lots (to increase density) and the placement of a pathway extending to the school area to the north. The inclusion of the one- acre out parcel eliminates the need to jog the road at the entrance and allows the entire street to be double loaded with residential housing. Furthermore, it eliminates an enclave parcel that would have been difficult to re-develop in the future, and removes an additional access to Locust Grove. The proposed subdivision is consistent with the City of Meridian Comprehensive Plan Future Land Use Map as well as the Plan's supporting policies." Please see applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat 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 City Council on this matter. c. Newspaper notifications published on: October 31 and November 14, 2005 (for Planning & Zoning Commission hearing) and February 6 and 20, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission hearing) and February 3, 2006 (for City Council hearing). e. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission hearing) and February 18, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Rural residential with one existing home. b. Description of Character of Surrounding Area: urban densities. Rural residential, rapidly transitioning to c. Adjacent Land Use and Zoning Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 1. North: School, zoned R-4 2. East: Rural residential, Dunwoody Subdivision, zoned RUT 3. South: Rural residential, zoned RUT 4. West: Vacant 5-acre parcel, zoned RUT; Approved Arcadia Subdivision, zoned R-8 d. History of Previous Actions: The co-owner of the subject property, Mr. Jake Centers, also developed Arcadia Subdivision, west of the subject properties. After receiving approval for Arcadia, Mr. Centers bought the nine acres just to the east. The nine acres that Mr. Centers bought in October of 2004 is comprised of two parcels. Parcel A, the western parcel, is approximately five acres and Parcel B, the eastern parcel, is approximately four acres. Mr. Centers told staff that he intended to construct his personal residence on the western portion of Parcel A and therefore did not want to extend Hidden Path Street. As mentioned in the Summary Description above, in the spring of this year CS Development submitted three applications (AZ-OS-004, PP-OS-006, VAR-OS-005). The applications requested an R-4 zone for 22 single-family lots on 9 acres (the variance request was for the cul-de-sac length). The proposed subdivision did not include connecting the public street from Locust Grove Road to Jericho Road. Instead the applicant proposed a long cul-de-sac street (Hidden Path). Staff recommended approval of the project, with a condition that Hidden Path Street be extended to connect with Jericho Road to the west. Planning Department staff (Anna Canning and Craig Hood) attended the ACHD hearing and specifically requested that the District require the street extension as well. After the Ada County Highway District and the City required the street connection, the applicant withdrew those applications. After withdrawing AZ-OS-004, PP-OS-006 and VAR-OS-005, Mr. Centers subsequently deeded the five-acre, Parcel A to Not 4 Sale, LLC, and did not include it within the boundaries of the second AZ & PP applications (AZ-OS-035 & PP-OS-034)(Jake Centers is a registered agent of Not 4 Sale, LLC). Mr. Centers then submitted applications to develop eight buildable lots on the four acres that he continued to own in his name (Parcel B). Shortly after AZ-OS-035 and PP-OS-034 were submitted, the property owners directly north showed interest in partnering with Mr. Centers on developing their one-acre parcel. Mr. Centers withdrew those applications (AZ-OS-035 and PP-OS-034) and is now proposing to develop the four-acre parcel, Parcel B that he owns and the one-acre parcel that GO Properties owns together. Since the last submittal for development, Mr. Centers (via Not 4 Sale, LLC) has deeded the five-acre, Parcel A to James Luchini. The five acres that Mr. Luchini currently owns is not included within the subject applications. Both the City of Meridian Planning Department and Ada County Highway District staff made it clear that an extension of Jericho Road was necessary within Arcadia Subdivision so that a street could be extended to Locust Grove Road through the subject property. City staff has informed Mr. Centers several times that a connection to Locust Grove Road, from Jericho Road, is in the best interest of the City. Staff believes that the applicant has sold the five-acres to the west because he does not want Commander Street (previously Hidden Path Street) to connect with Jericho Road. Staff believes that development of the subject site is not in the City's best interest if a vehicular connection to Jericho Road is not provided. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are sewer mains located in Locust Grove. Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Location of water: There are water mains located in Locust Grove. Issues or concerns: None. 2. Vegetation: There are some mature trees along the south property line of the property. 3. Floodplain: NA 4. Canals/Ditches Irrigation: All irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities that intersect, cross or lie adjacent and contiguous to an area being subdivided shall be tiled (IJDC 11-3A-6). 5. Hazards: Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; no hazardous natural features have been identified on the site. 6. Proposed Zoning: R-4 7. Size of Property: 5.0 acres 8. Description of Proposed Use: Single-Family f. Subdivision Plat Information 1. Residential Lots: 12 2. Non-residential Lots: 0 3. Total Building Lots: 12 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 17 7. Gross Density: 2.4 units per acre g. Landscaping 1. Width of street buffer(s): A 35-foot wide street buffer is required along Locust Grove Road, an entryway corridor (UDC 11-2A-4). The applicant is proposing a 35- foot wide landscape lot adjacent to Locust Grove Road. The applicant is proposing to construct 8-foot wide planter strips between the sidewalk and the curb of the internal roadways. 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: The applicant states that 11.8% of the site will be open space. h. Proposed and Required Residential Standards: R-4 Setbacks Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 5 5 Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 5 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Real' 15 15 Fontage* 80 60 Lot Size 10,000 8,000 * There are two lots, Lot 2, Block 1, and Lot 2, Block 2, that only have 30 feet of public street frontage. UDC 11-2A-3.B allows flag properties to have a minimum of 30-feet of frontage. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): A new public street from Locust Grove Road, Commander Street, is proposed to provide the only access to the site. The applicant is proposing to extend Commander Street to the undeveloped five-acre property to the west (currently owned by Luchini). The applicant is also proposing a stub street (Sun Shimmer Avenue) to the undeveloped property to the south. 7. COMMENTS MEETING On October 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies and departments, staff finds that the required public services can be made available to accommodate the proposed development. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units per acre on this site (see Page 95 of the Comprehensive Plan.) There are only 12 buildable lots proposed on the subject 5 acres. There is a maximum density of 4 dwelling units per acre allowed in the R-4 zone by the UDC; the proposed gross density of Reserve Subdivision is 2.4 dwelling units per acre. Without applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change in density for residential areas. Staff finds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre, could be harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map if the Commission and Council allow the applicant to take one step-down in density for this project. Staff fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis is 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 sei-vices 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. Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 6 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be ses-viced 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 #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 VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The subject applications generally comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat does not propose a street connection with Jericho Road in Arcadia Subdivision. The applicant has not included the S-acre parcel that abuts Arcadia within the subject applications. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. There are few opportunities for an east-west connection to Locust Grove Road through this section. The applicant is not proposing a street connection to Jericho Road with this application. 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. Fencing has not been proposed for this project. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing a pedestrian connection to the school site to the north. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 7 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 See above. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to Locust Grove Road is proposed; direct lot access to Locust Grove Road should be prohibited. 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. The existing residential properties to the south, east and west and the school to the north are compatible with the proposed development. 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 zone. Saguaro Canyon Subdivision obtained an R-4 zone; Arcadia Subdivision obtained an R-8 zone; and Westborough Subdivision obtained R-2, R-4, R-IS and L-0 Zoning. The requested zoning designation contributes to the variety of residential zoning categories in this area and is consistent with the Comprehensive Plan designation for this site. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: Meridian City Code 11-2A-21ists single-family detached dwellings as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: 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. c. General Standards: The overall design of the proposed subdivision generally conforms to the standards listed in Title 11 of Meridian City Code. 10. ANALYSIS a. Analysis of Facts Leading to Recommendation AZ Application: The Future Land Use Map designates this property `medium density residential.' Without applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change in density for residential areas. Staff fmds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre, could be harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map if the Commission and Council allow the applicant to take one step-down in density for this project. Further, a street connection to Jericho Road from Locust Grove Road is important in this location. The Commission and Council should evaluate whether allowing the subject annexation, without the adjacent 5 acre parcel, is in the best interest of the Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 8 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 C~ 2. PP Application: Special Considerations: Open Space: The applicant has stated that the subdivision contains 11.8% of landscaped open space, meeting the 5% minimum required by Ordinance. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the streets, and within landscape medians in the middle of the streets. The applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Temporary Vehicular Turnaround: The applicant is proposing a temporary turnaround easement for Commander Street. The turnaround is within Lot 2, Block 3. The Fire Department and Sanitary Services Company have concerns with vehicles parking within this turnaround easement and cars parking along Commander Street, restricting the ability of vehicles to turn around. Driveways for Lots 5 and 7 Block 1 • Lot 1 Block 3• and Lot 5 Block 2• The applicant is proposing a roundabout at the intersection of Commander Street and Sun Shimmer Avenue. The Ada County Highway District does not allow driveways to be constructed adjacent to traffic circles or roundabouts. The applicant should restrict the driveways for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from being constructed adjacent to the traffic circle. A note will be required on the final plat stating this access restriction. Fencing: The applicant is not showing any fencing on any of the submitted plans. UDC 11-3A-7A7a requires developers to construct fencing adjacent to micro-paths, to distinguish common from private areas. Fencing adjacent to micro-paths is restricted to either a 6-foot open vision or 4-foot solid (iJDC 11-3A-7A-7b). Further, the Police Department has concerns with visibility into the school site to the north. Anv fencing next to the school district property shall either be oven-vision or shall not exceed four feet in height if solid fencing is used (see comments from the Police Department in Exhibit B belowl. The avnlicant should clari at the public hearin how perimeter and micro-path fencing is going to be constructed in and around this develoyment At the January 19, 2006. public hearing the applicant volunteered to construct a 6-foot tall chain- link fence along the north property line; a Crfoot tall cedar fence around the rest of the perimeter; and, to construct fencing adiacent to the micro-path that complies with the UDC. Existing Residences/Buildin,~s: The site currently contains multiple buildings. These buildings are not shown on the preliminary plat, as required. The applicant should modify the submitted preliminary plat by depicting all existing structures. If the existing home does not meet the building setback requirements of the R-4 zone, it should be removed prior to signature of a final plat by the City Engineer. 11. E~~ITS A. Drawings 1. Preliminary Plat (dated: October 7, 2005) Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~iG DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: January 10, 2005) 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 C. Legal Description D. Required Findings from Unified Development Code Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 10 CITY OF MERIDIAN PLAS~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: October 7, 2005) c-as~ ®~.,o elate awov wmn a ~s w•~s .rocs o gat dd e3ldl~d pNb ~awv-uptl - -- .. _~_- _ _ 0~1 -d 3Atl393t! 3aiL ~ ~ - - acau ldld AtlVMaVll3tld .__ _. 98SL-~' ~.~~ffi" - ga s ~ ~ tJ" ~~Yy¢g~~Spl~p®~p®epglp99pgiy,Q~~g~~p~egaep~8s"e96~t ~ Y '~ g a ~ mcmr~g~ @ 8 R6 i6 i' C 1! ! ff 6 ~ ~ ~ Q H § Y ~ / ~ Q ~ 8 / ~ i ~ A e E 99 l~~ ,I~~I +~ LJ a :x E 9 R e ~, e w -1-~'-- -- ~~ ~ ~a i e,. ~~~ ~`~ ~~ ~~ ~~~ ~ ~s~~ ¢A~ C 6~I _'a x `'gr- o~ ~ . ~~ 1 ~~ ~ 1 --~--- 11 a ' ~' ~~ ~a g3 -a ~ ~__ ~„ __ o~ -aa - ~~ a ,~ _ ~~i .~,~,~~ . _ 'rl s ~~ 9 ~ a 9~+; ~~ ~~ a q pp ~° ~ ~8 a~& ~ ~9aptp tg„~ ~p~y~ a~98 i~ ~F@ !, ~ ~~ ~ ~~ X11 ~(~~~ ~~~i ~~ ~ ,e;~ ~~~s ~~(~ ~ r ~~ ~AQ ~ 8a~ a~tl~° g Ra ® i 1 I ®ae 4~a$$ ~ y@ ~e~~ ~~~Q ~e~ ~i~~~~ ~~~ ~9 6 ~ ~ ~' ~ =~ ~ ~ a~A9,,-1V~~ ~ ~ a~ ~~ ~ gg ~~ &~°a ~p cye e0ga ~ ~~ e tl :q ~ a~ i~~s~~ell~ ~ i~ ~9 ~ ~~ :~ I~~: ~ ~ fin. ~ ~° Exhibit A -Page CITY OF MERIDIAN PL?EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: January 10, 2005) --- j ~; ~ ~ ~~= rte, ~,,. _ - - ~ - n~ r~ K. ; .x ~~ 4 f n+:~r+ri __ Nrts 31. m~ rf ¢~ ~ ~ gt.lwat [_ go. Rua ~ I f L ~ - _k gr~ ~neeent~ ~~• `"vo- ~K-"i3~m na cvSi`M ~mn n,+ I ~ ~~`i~1Y ~ ;~ ~ i~ ~. aamn ' 8 - - - __.._ -_' __.1; ~ 8 ~ i B 8~ la$ ~~ ~ j~g ~~A~~e ~k~~~~ ~ ~ ~ a ~,,. ~~ ~~ '~ ~j~~~6 ~ g ~ ~= d -. ,~ $~~s ~ .m~~ ~ ~ , .. _~. ~ ,~ ~, _ _ ~ I -__ :. ~fl . °~ 4 ~~ J' A~ g e ac ~^ r ~~ 'f r' ;. ~ ~~, ~ i; l i ~~~ ~4~ Exhibit A -Page 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-051) 1.1.1 The preliminary plat labeled as P-1.0, prepared by Roylance and Associates, dated October 7, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-050) application shall also be considered conditions of the Preliminary Plat (PP-OS-051). 1.1.2 Place a note on the face of the final plat stating that driveways for Lots 5 and 7, Block 1, and Lot 1, Block 3, and Lot 5, Block 2, are prohibited from being constructed adjacent to the traffic circle at the intersection of Commander Street and Sun Shimmer Avenue. 1.1.3 The landscape plan prepared by Good Earth Landscape, on 1-10-05, labeled Sheet L1.1 is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside 11.6% (0.58 acres) of the site for useable open space, as proposed. • Provide a micro pathway to the school site to the north, as proposed. Per UDC 11-3B-12C, construct a 5-foot wide landscape strip on both sides of a micro pathway with at least 1 deciduous tree being planted every 35 linear feet on both sides of the pathway. • Per UDC 11-3G-3E1, install at least one deciduous shade tree per every 8,000 square feet of common open space area, and install lawn, either seed or sod. • 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 copy of said plan, if required by the Parks Department, with the final plat application. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of any buildings. All standards of installation shall 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 proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.4 Prior to signature of the final plat by the City Engineer, any building that spans across proposed lot lines, or does not meet the setback requirements of the R-4 zone shall be removed from this site or relocated in compliance with City Code. 1.1.5 Construct fencing that complies with the UDC adjacent to the micro-pathway to the school site to the north. Construct a 6-foot tall chain-link fence along the north property line. Construct a 6-foot wood fence along the east west and south sides of the property. A detailed fencing plan shall be submitted upon application of the final plat. If permanent perimeter fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Fencing adjacent to Lot 6, Block 1, shall be Exhibit B -Page 1 CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 restricted to either 4-foot solid or 6-foot open vision. All fencing on the north side of Block 1 (next to the school district property) shall either be open-vision or shall not exceed four feet in height if solid fencing is used. ''''~° '~° ~* "'-°••'a °'"w~, "+ ~~ao==c~~~avo~~czcz "rr @-E2aa iccci°v'~m aac'~raxvaa'crcmo ac vv'r9pmcat ~- 1.1.6 Maintenance of all common areas shall be the responsibility of the Reserve Subdivision Home Owners' Association. 1.1.7 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 On the face of the final plat, place a temporary turnaround easement for Commander Street, west of Sun Shimmer Avenue, on Lot 2, Block 3. The face of the garage on Lot 2, Block 3, shall be located at least 20-feet south of the southern edge of the temporary turnaround easement. Install No Parking Signs on both sides of Commander Street adjacent to Lot 2, Block 3 and Lot 8, Block 1. Install a No Parking in Driveway Sign near the terminus of the temporary turnaround. Coordinate the design of the temporary turnaround and No Parking Signs with the Meridian Fire Department (888-1234). 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-051) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B -Page 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Z. Public Works Department 2.1 Sanitary sewer service to this site is being proposed via extension of mains located in N. Locust Grove. The applicant shall install mains to and through this development. Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N. Locust Grove Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 An all weather access road built to City of Meridian standard specifications shall be built for operation and maintenance of the off-site water being proposed. 2.5 No manholes or water valves shall be allowed in the landscape island associated with the roundabout. If mains are to be routed under the landscape island, no trees shall be allowed in it. 2.6 The applicant has indicated Settlers Irrigation will own and operate the pressure irrigation system in this proposed development, evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.8 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along all streets. There needs to be 10-feet of free and clear easement beyond the three and one half-feet of sidewalk that encroaches out of the right-of--way. 2.9 All existing structures not meeting setbacks shall be removed prior to signature on the fmal plat by the City Engineer. 2.10 If any of the existing houses are to remain as part of this development, the applicant shall be responsible for the payment of assessments and the actual hook-up to City of Meridian services. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B -Page 3 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 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. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 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. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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'/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. Exhibit B -Page 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 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 No obstructions shall be allowed within the temporary turnaround easement for Commander Street, on Lot 2, Block 3. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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 Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 The proposed 121ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 35 residents at build out. 3.9 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). 3.10 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.11 Provide signage "No ParkinP Fire Lane" adjacent to Lots 1 and 5-8 Block 1 Lots 1 and 5 (along Commander Street), Block 2 and Lots 1 (along Commander Streetl and 2 Block 3. 4. Police Department 4.1 Any fencing next to the school district property shall either be open-vision or shall not exceed four feet in height if solid fencing is used. 5. Parks Department Exhibit B -Page S CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 28, 2006 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 No narking in turnaround for Commander Street, or across Commander Street adjacent to Lot 8 Block 1. 7. Ada County Highway District Site Specific Conditions o Approval 7.1.1 The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located 2-feet within the new right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 7.1.2 Construct the new internal local street as a 33-foot street section with rolled curb, gutter, 8-foot landscape strips, and 4-foot detached concrete sidewalks, as proposed. Provide the District with an easement for the sidewalk that is proposed to be located outside of the right-of--way. Provide written approval from the fire department for the reduced street section. 7.1.3 Construct Commander Street to intersect Locust Grove Road approximately 130-feet north of the south property line as proposed. 7.1.4 Construct Commander Street as a stub street to the west property line, located 138-feet north of the south property line, as proposed. Install a sign at the terminus of the street stating, "THIS ROAD WII,L BE EXTENDED IN THE FUTURE." 7.1.5 Construct a stub street to the south property line (North Sun Shimmer Avenue), located 380-feet west of Locust Grove. Install a sign at the terminus of the street stating, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." 7.1.6 Coordinate the design of the proposed traffic circle with District Traffic Services staff and provide written approval from the Meridian Fire Department. Restrict the driveway for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from being constructed adjacent to the traffic circle. A note stating the access restrictions for these lots will be required on the final plat stating this access restriction. Exhibit B -Page 6 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 7.1.7 Other than the access points that have specifically been approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.8 Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 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. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to 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 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. Exhibit B -Page 7 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B -Page g CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 17, 2005 C. Legal Description Fic~y'1Srtt~ $t ASS©C1atQ'S P.A. ~gineen3 • surveyors • I.;anclpt~nnera 391 W. S~ S~ste l:. Eagle, Idaho 83ot6 Te~h~Ie (268)929-2~< F~c f2~1839--2418.5 September 14, 2f105 I'rr}ject No. 25Sfi J.egal !]escripticrm G`51~evelcrpment, I1~' Annexation Area 5:~ Acres A trace of land far annexation putpt-ses located im the Southeast C?ne Quarter of the ~tartheast ©ne Quarter of SectioD 30, Township ~ North, Range 1 East, Boise Meridian, Ada Caumy, Idsho, described as folltaws; g at a found br•~s eAap ~oulmsentimg the Na~tenst Comer csf said Section 3D, thence follawing the y line of said Secdan 30, South fI0g3T59" Qire..,t a disttmee of 13?.539 fact to the FCIINT CAF BERG. Them foIlovsin$ said ea.~terly line South 00°3T59" West a dunce of 331.98 feat to a point Thence leaving said easterly Tine Na7th 89°49'43" West a distance of 6S 5.96 feet to a pointy Thence roxtl- W°3RBfl° East a distance rat 332.10 feet to a point; Thence South $9°49'06" East s distance rsf fiSS_9fi feet to the 3'f3IIVT ClF BEGINNING. 771e above-desc~n'bed tract of land ec~ntains _5_(Kl ate, mare or less, svbje~ to all existing ements errd rights- af ~vay. . s 'Prepamd By: FtOYLANCE Rc ASSpC1ATES P'.A. ~1~/ 0~ 39i W. STATE STET, SLII'l'E E IEAGi E, IDAHO? 63616 208-y39~2$24 206-139=2$55 (FAX) R~ w aPPa9va ~4 sv ~~ ~ ~ 'f ,? `~~i~lm =t!G;:,N PuaLtt ,,-.,~ =. n~~~ 3~'aPix~je~it'~ra:~rG~~2.5t€f~tAdmin',1 ~gats,.hruceasticui iegFCl dc~c ~ ,~ ~'~ ..p ~' Exhibit C -Page 1 CITY OF MERIDIAN PLANNING~'ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 17, 2005 Nl~ ~ ~~ ~~~ ~ ~~~ Q U ~~ Ida ~ !, ~ a ~~l~ tnl w ~I ~ m m Q ~w wII ~ ~ ~' v m~C,~ =1 ~' ~= ~ = I ~~ a ~0. ~ ~ ~ nl c'~ ~ n ~„ c.~ phi `M ~ ~ '~ ~~°z ' z°~~ .s~-ez~~ Z 0 z I~ ~~ l 2 d ~~~ ~~ Q ~~ V ~~~ 0 0.~,. ~~ ~(.®j ~ x wo mW~ z ~~ e ~~~ wpm' U ~~~ 42 m`"~ `~y~ ~~ ~a B axr U ~~ ~~ ~ a~ ~ ,. ~~ a ~-;' ~~° ~ t-rte o ~~ l as ~ao~ ~.sn~o~ ~~ s`~~ _ -~- N~~ ~~ t ~~~ o- cro ar as z z w _ ~ 3 ® a ~ ,~~ ~ ~ o ~ z ~ a° ~ ~ ~ ~ ~ ~ ~ o a c ~ ~ ,~ ,, ~ I J ~ :~ A1~££ 3.O~~ODN r 0 Q m M r= Exhibit C -Page 2 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEARINCi~E OF NOVEMBER 17, 2005 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 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that the proposed zoning map amendment complies with the established regulations and purpose statement of the R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. The Council relies on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning map amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). For the reasons listed in the Staff Report for the hearing date of Februar 2~8 , 2006 and the Annexation Findings above, the City Council finds that the nronosed annexation is 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: A. The plat is in conformance with the Comprehensive Plan; Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report and Annexation Finding #1 above. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D -Page 1 CITY OF MERIDIAN PLANNIN(~PARTMENT STAFF REPORT FOR THE HEARIN(,'~'E OF NOVEMBER 17, 2005 Based on the comments received from the agencies and departments providing service to this property, the Council finds that all services are available or can be made available for the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the ACHD's Five Year Work Program or Capital Improvements Plan. There are no City of Meridian projects for sewer or water trunks planned for this area. All sewer and water extensions are planned to be developer driven on this property. The Council finds that the submitted preliminary plat is in general conformance with the scheduled public improvements and the City's capital improvement program D. There is public financial capability of supporting services for the proposed development; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council fords there will not be excessive additional requirements at public cost, and that the public is fmancially capable of supporting services for the proposed development. E. The development will not be detrimental to the public health, safety or general welfare; and The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council fords that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not anticipate the proposed development will be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Exhibit D -Page 2 February 24, 2006 MERIDIAN CITY COUNCIL MEETING PP 05-051 February 28, 2006 APPLICANT Conger Management Group, Inc. ITEM NO. 11 REQUEST Public Hearing -Request for Preliminary Plat approval of 12single-family residential building lots and 5 common lots on 5.0 acres in a proposed R-4 zone for Reserve Subdivision -west of Norfh Locust Grove Road and south of Chinden Blvd. AGENCY CITY CLERK: GITY 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: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendaltons /Findings Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~~~~ ~ ~E~ ~ ~ 2006 City';®f, r~.dia~. C2~~~®ffico ,~ s, tr~.~~.a '~ ~'~r ~. f ~$i l~.~ff-; iti i,'R1"'iy6;w`"'9 a''4 -- In the Matter of Annexation and Zoning of 5.0 acres from RUT (Ada County) to R-4 (Low- Density Residential) AND Preliminary Plat approval of 12 single-family residential building lots and 5 common lots on 5.0 acres, for Reserve Subdivision, by Dave McKinnon. Case No(s).: AZ-05-050 and PP-05-051 For the City Council Hearing Date of: February 28, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 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-OS-050 / PP-OS-051 -PAGE 1 of 4 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 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 7, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-050 / PP-OS-051 -PAGE 2 of 4 i • exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-050 / PP-OS-051 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: G. Copy served upon: ~~f~ day of VOTED_~ J~~ VOTED_ ' J~~~ VOTED_ ~~~~ VOTED_ ~/~~~ VOTED ~.~i~u~, MAYQII~.T de WEERD Od,•~,\\ s n ~ ,,A/'tit s ~ a ~~~` :v , ~ ~~ V s~ -._ _ C._...__..._vi JR., TY E s~;9, ~' +® '~ ~ e~~ ~ hL X00 t" ~9,, ~ ~~~,° 9 {'~.^, yam; c.F '~' ~9~ _~~Appllcarit'`%,~c,e; .~P~~~a;sti~ta~,~~°ti Planning Department / Public Works Department City Attorney. By: Dated: ,.3- I -D~ i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-OS-050 / PP-OS-051 -PAGE 4 of 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 STAFF REPORT Hearing Date: 2/28/2006 ~- A , ., . TO: ~ ~ ~b ~4~ ~, Mayor & City Council ~~~#~~~~ e~~ FROM: ~ C. Caleb Hood ~ `~ `° a Current Planning Manager ~~~~ City of Meridian Planning Department 4, - ~~''~~' ~` >. ~~ ~ 208-884-5533 `"~.{° SUBJECT: __ Reserve Subdivision l~ AZ-OS-050 Annexation and Zoning of 5.0 acres from RUT to R-4 (Medium Low-Density Residential) PP-OS-051 Preliminary Plat request for 12 building lots and 5 common lots on 5.0 acres in a proposed R-4 zone, for Reserve Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave McKinnon, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres. The site is located on the west side of Locust Grove Road, approximately 1,000 feet south of Chinden Boulevard. This site is currently rural residential with one single-family residence and accessory buildings. The site has not been previously platted. However, four of the five acres proposed for development have been the subject of previous preliminary plat applications. In the spring of 2005, a 22 lot subdivision on 9 acres was submitted and withdrawn by the applicant, CS Development, on this site (AZ-OS-004, PP-OS-006 & VAR-OS-005). In the summer of 2005, an 8 lot subdivision on 4 acres was submitted and then withdrawn by the applicant, Conger Management Group (AZ-OS-035 & PP-OS-054). GO Properties, LLC, who owns one acre on Locust Grove Road has now partnered with Jake Centers, who owns four acres, to submit the subject applications. The five acres directly west of the subject site, with frontage on Jericho Road, has been sold to James Luchini and is not a part of the subject applications. Please see History of Previous Actions in Section 6 below. The subject property is within the Urban Service Planning Area. 2. SUNIlVIARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on November 17, 2005, December 8, 2005 and January 19, 2006. At the January 19, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: David McKinnon (owner's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Craig Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Street connectivity in this area; ii. Current and past ownership of adjacent parcels; iii. Density; iv. Fencing; v. Availability of City services; and, vi. Turnaround for Commander Street. c. Key Commission Changes to Staff Recommendation: Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 i. Staff recommended denial of this project. The Commission voted 3-2 to approve the subject development. d. Outstanding Issue(s) for City Council: i. Whether or not it is in the best interest of the City to approve this development. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested Annexation and Zoning and Preliminary Plat applications below. At the December 8. 2005 public hearinc staff recommended denial of the subject applications. At the December 8 2005 public hearing the Planning and Zoning Commission voted to remand the subiect applications back to Planning Staff so that Findings and Conditions of approval could be drafted. At the January 19 2006 Planning and ZoninP Commission public hearing the Commission voted to approve the subiect development with the Finding~(Exhibit Dl and Conditions of Approval (Exhibit Bl as shown in the Staff Report for the hearing date of February 28 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-050 and PP-OS-051 as presented in Staff Report for the hearing date of February 28, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- OS-050 and PP-OS-051 as presented in the Staff Report for the hearing date of February 28, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-050 and PP-OS-051 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West side of Locust Grove Road, south of Chinden Boulevard, within Section 30, Township 4 North, Range 1 East. b. Property Owners: Jake Centers 1979 Locust Grove Road Meridian, Idaho 83642 GO Properties, LLC 5488 N. Bach Avenue Meridian, Idaho 83642 c. Applicant: Dave McKinnon Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Conger Management Group 405 South 8th Street, Ste. 290 Boise, Idaho 83702 d. Representative: Dave McKinnon, Conger Management Group 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) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres proposed for R-4 zoning. 1. Date of preliminary plat (attached as Exhibit Al): 10/7/05 2. Date of landscape plan (attached as Exhibit A2): 1/10/OS h. Applicant's Statement/Justification: "As you well know, this is the third revision for this much-maligned subdivision, but the revisions continue to make it a better subdivision that better reflects the City's Ordnances and Comprehensive Plan. The major changes to the subdivision are comprised of the inclusion of the one-acre parcel of ground located (on) Locust Grove (in the northeast portion of the proposed subdivision), a major revision of the entry into the subdivision, the inclusion of several more building lots (to increase density) and the placement of a pathway extending to the school area to the north. The inclusion of the one- acre out parcel eliminates the need to jog the road at the entrance and allows the entire street to be double loaded with residential housing. Furthermore, it eliminates an enclave parcel that would have been difficult to re-develop in the future, and removes an additional access to Locust Grove. The proposed subdivision is consistent with the City of Meridian Comprehensive Plan Future Land Use Map as well as the Plan's supporting policies." Please see applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat 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 City Council on this matter. c. Newspaper notifications published on: October 31 and November 14, 2005 (for Planning & Zoning Commission hearing) and February 6 and 20, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission hearing) and February 3, 2006 (for City Council hearing). e. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission hearing) and February 18, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Rural residential with one existing home. b. Description of Character of Surrounding Area: Rural residential, rapidly transitioning to urban densities. c. Adjacent Land Use and Zoning Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 3 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 1. North: School, zoned R-4 2. East: Rural residential, Dunwoody Subdivision, zoned RUT 3. South: Rural residential, zoned RUT 4. West: Vacant 5-acre parcel, zoned RUT; Approved Arcadia Subdivision, zoned R-8 d. History of Previous Actions: The co-owner of the subject property, Mr. Jake Centers, also developed Arcadia Subdivision, west of the subject properties. After receiving approval for Arcadia, Mr. Centers bought the nine acres just to the east. The nine acres that Mr. Centers bought in October of 2004 is comprised of two parcels. Parcel A, the western parcel, is approximately five acres and Parce] B, the eastern parcel, is approximately four acres. Mr. Centers told staff that he intended to construct his personal residence on the western portion of Parcel A and therefore did not want to extend Hidden Path Street. As mentioned in the Summary Description above, in the spring of this year CS Development submitted three applications (AZ-OS-004, PP-OS-006, VAR-OS-005). The applications requested an R-4 zone for 22 single-family lots on 9 acres (the variance request was for the cul-de-sac length). The proposed subdivision did not include connecting the public street from Locust Grove Road to Jericho Road. Instead the applicant proposed a long cul-de-sac street (Hidden Path). Staff recommended approval of the project, with a condition that Hidden Path Street be extended to connect with Jericho Road to the west. Planning Department staff (Anna Canning and Craig Hood) attended the ACHD hearing and specifically requested that the District require the street extension as well. After the Ada County Highway District and the City required the street connection, the applicant withdrew those applications. After withdrawing AZ-OS-004, PP-OS-006 and VAR-OS-005, Mr. Centers subsequently deeded the five-acre, Parcel A to Not 4 Sale, LLC, and did not include it within the boundaries of the second AZ & PP applications (AZ-OS-035 & PP-OS-034)(Jake Centers is a registered agent of Not 4 Sale, LLC). Mr. Centers then submitted applications to develop eight buildable lots on the four acres that he continued to own in his name (Parcel B). Shortly after AZ-OS-035 and PP-OS-034 were submitted, the property owners directly north showed interest in partnering with Mr. Centers on developing their one-acre parcel. Mr. Centers withdrew those applications (AZ-OS-035 and PP-OS-034) and is now proposing to develop the four-acre parcel, Parcel B that he owns and the one-acre parcel that GO Properties owns together. Since the last submittal for development, Mr. Centers (via Not 4 Sale, LLC) has deeded the five-acre, Parcel A to James Luchini. The five acres that Mr. Luchini currently owns is not included within the subject applications. Both the City of Meridian Planning Department and Ada County Highway District staff made it clear that an extension of Jericho Road was necessary within Arcadia Subdivision so that a street could be extended to Locust Grove Road through the subject property. City staff has informed Mr. Centers several times that a connection to Locust Grove Road, from Jericho Road, is in the best interest of the City. Staff believes that the applicant has sold the five-acres to the west because he does not want Commander Street (previously Hidden Path Street) to connect with Jericho Road. Staff believes that development of the subject site is not in the City's best interest if a vehicular connection to Jericho Road is not provided. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are sewer mains located in Locust Grove. Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Location of water: There are water mains located in Locust Grove. Issues or concerns: None. 2. Vegetation: There are some mature trees along the south property line of the property. 3. Floodplain: NA 4. Canals/Ditches Irrigation: All irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities that intersect, cross or lie adjacent and contiguous to an azea being subdivided shall be tiled (CTDC 11-3A-6). 5. Hazards: Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; no hazardous natural features have been identified on the site. 6. Proposed Zoning: R-4 7. Size of Property: 5.0 acres 8. Description of Proposed Use: Single-Family f. Subdivision Plat Information 1. Residential Lots: 12 2. Non-residential Lots: 0 3. Total Building Lots: 12 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 17 7. Gross Density: 2.4 units per acre g. Landscaping 1. Width of street buffer(s): A 35-foot wide street buffer is required along Locust Grove Road, an entryway corridor (iJDC 11-2A-4). The applicant is proposing a 35- foot wide landscape lot adjacent to Locust Grove Road. The applicant is proposing to construct 8-foot wide planter strips between the sidewalk and the curb of the internal roadways. 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: The applicant states that 11.8% of the site will be open space. h. Proposed and Required Residential Standards: R-4 Setbacks Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 5 5 Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 5 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Rear 15 15 Fontage* 80 60 Lot Size 10,000 8,000 ~` There are two lots, Lot 2, Block 1, and Lot 2, Block 2, that only have 30 feet of public street frontage. UDC 11-2A-3.B allows flag properties to have a minimum of 30-feet of frontage. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): A new public street from Locust Grove Road, Commander Street, is proposed to provide the only access to the site. The applicant is proposing to extend Commander Street to the undeveloped five-acre property to the west (currently owned by Luchini). The applicant is also proposing a stub street (Sun Shimmer Avenue) to the undeveloped property to the south. 7. COMMENTS MEETING On October 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies and departments, staff fords that the required public services can be made available to accommodate the proposed development. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units per acre on this site (see Page 95 of the Comprehensive Plan.) There are only 12 buildable lots proposed on the subject 5 acres. There is a maximum density of 4 dwelling units per acre allowed in the R-4 zone by the UDC; the proposed gross density of Reserve Subdivision is 2.4 dwelling units per acre. Without applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change in density for residential areas. Staff finds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre, could be harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map if the Commission and Council allow the applicant to take one step-down in density for this project. Staff fords the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis is 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. Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 6 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 • 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 #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 VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The subject applications generally comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat does not propose a street connection with Jericho Road in Arcadia Subdivision. The applicant has not included the S-acre parcel that abuts Arcadia within the subject applications. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. There are few opportunities for an east-west connection to Locust Grove Road through this section. The applicant is not proposing a street connection to Jericho Road with this application. 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. Fencing has not been proposed for this project. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing a pedestrian connection to the school site to the north. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 7 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 See above. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to Locust Grove Road is proposed; direct lot access to Locust Grove Road should be prohibited. 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. The existing residential properties to the south, east and west and the school to the north are compatible with the proposed development. 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 zone. Saguaro Canyon Subdivision obtained an R-4 zone; Arcadia Subdivision obtained an R-8 zone; and Westborough Subdivision obtained R-2, R-4, R-1 S and L-0 Zoning. The requested zoning designation contributes to the variety of residential zoning categories in this area and is consistent with the Comprehensive Plan designation for this site. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: Meridian City Code 11-2A-21ists single-family detached dwellings as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: 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. c. General Standards: The overall design of the proposed subdivision generally conforms to the standards listed in Title 11 of Meridian City Code. 10. ANALYSIS a. Analysis of Facts Leading to Recommendation AZ Application: The Future Land Use Map designates this property `medium density residential.' Without applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change in density for residential areas. Staff fmds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre, could be harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map if the Commission and Council allow the applicant to take one step-down in density for this project. Further, a street connection to Jericho Road from Locust Grove Road is important in this location. The Commission and Council should evaluate whether allowing the subiect annexation, without the adiacent 5 acre parcel is in the best interest of the Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 8 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 C~ 2. PP Application: Special Considerations: Open Space: The applicant has stated that the subdivision contains 11.8% of landscaped open space, meeting the 5% minimum required by Ordinance. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the streets, and within landscape medians in the middle of the streets. The applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Tem o Vehicular Turnaround: The applicant is proposing a temporary turnaround easement for Commander Street. The turnaround is within Lot 2, Block 3. The Fire Department and Sanitary Services Company have concerns with vehicles parking within this turnaround easement and cars parking along Commander Street, restricting the ability of vehicles to turn around. Drvvewavs for Lots 5 and 7, Block 1:Lot 1 Block 3• and Lot 5 Block 2• The applicant is proposing a roundabout at the intersection of Commander Street and Sun Shimmer Avenue. The Ada County Highway District does not allow driveways to be constructed adjacent to traffic circles or roundabouts. The applicant should restrict the driveways for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from being constructed adjacent to the traffic circle. A note will be required on the final plat stating this access restriction. Fencing: The applicant is not showing any fencing on any of the submitted plans. UDC 11-3A-7A7a requires developers to construct fencing adjacent to micro-paths, to distinguish common from private areas. Fencing adjacent to micro-paths is restricted to either a 6-foot open vision or 4-foot solid (UDC 11-3A-7A-7b). Further, the Police Department has concerns with visibility into the school site to the north. Anv fencing next to the school district property shall either be open-vision or shall not exceed four feet in height if solid fencing is used (see comments from the Police Department in Exhibit B belowl. The applicant should clari at the public hearing. how perimeter and micro-path fencing is going to be constructed in and around this development At the January 19, 2006, public hearing the applicant volunteered to construct a 6-foot tall chain- link fence along the north property line; a (Moot tall cedar fence around the rest of the perimeter: and, to construct fencing adjacent to the micro-oath that complies with the UDC. Existing Residences/Buildings: The site currently contains multiple buildings. These buildings are not shown on the preliminary plat, as required. The applicant should modify the submitted preliminary plat by depicting all existing structures. If the existing home does not meet the building setback requirements of the R-4 zone, it should be removed prior to signature of a fmal plat by the City Engineer. 11. E~~ITS A. Drawings 1. Preliminary Plat (dated: October 7, 2005) Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: January 10, 2005) 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 C. Legal Description D. Required Findings from Unified Development Code Reserve Subdivision Revised3 AZ-OS-050, PP-OS-051 PAGE 10 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR TI-IE HE~G DATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: October 7, 2005) G-BS~B ®~uo 81%'B W~ °~3 ] oMB ~+IS aWFg ~ IBS IOPunI e~atan.r.r., o. g~3 vd 93inao98y awv asKi;;-u~ 3Atl393tl 3H1 ~ 1V'Id AtlVN11Ml3tld a t -tea B a 0 3 3 _~~ n~g °~ U~ Cm~ h b R R _ e 4 ~-'~~-w.~_ - ~~~ IB 4 I k 0~ i I 0 ~ t§~~ q~ ,p ~~~ _~~ `~.s ~- ~> ~~ Fn~~ _ _ _ 0 1-d _- _ tr ~ ~atsii ,~ W9L-t0i1 .', i.'~c_._ l e a ~8 0 ~1~°~EE~~~II~~~Ia@Q~~1~9"~sayt ~B~~II ~ ~'~ ill n s. .ps- B i~ ~ii~~ ~~ ~ ~~~ ~°~ ~ a ~s I' ~ 1F --x--- , 8 ~ pe r I;Jx E'; ,a i a : I ~ e ~~ YF g} §® ~ _ JE ~~ ~~e ey~N ~~ AI. FFE6_~~~-G. -a aom~n ~e - - - - @~° ~B~ t~j ci ;; ~a tl _ _ ° - - ~ _ gg ~~ ~.~ ~~j acre ~~~~~ e~~~ ~~~ ~ E pQ aa~ g y y ~' B ___ ~~ ~ ~ I ~~i Be 4 0 81 ~~ B® ~ e ~ 99a ~ - - . i >, ~~ ~ e ~z a 5 Y ".@ ~ 0q ~~ ~~~z °~~~19~'g ~ et ~ ~ ~~ ~~~ ~~~a~~Hii~ ~ ~~ 9 ~ ~~ Exhibit A -Page CITY OF MERIDIAN PLAS~EPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: January 10, 2005) Y - - _. ;> tnu w a ~? .~° ~~ ~~ ~--.. th7: aa.usadl vr't~ .~ rn-s :°,~. - 6 e u~.~- .~ .,. ~ lVibrTd 3di~°7'.4'QN~'1 e.~u o r J -- - - - ~r-- W -~ ~.., is ._ _ - ~.~E ,_ ~_ _ ~ ~ ~~ ~~ ~ ~~q ~~~~ ~ ~~~~' d ~9 ~~~~ ~~ ~~~:~ ,~ ® ~ ~, I F ,~ yd y g8g 1g ' ,l g 1 ~ ~~°1 ~~~~~ A ~~ ° / 6 n ~ d ~ . ; ~ I~~9 ~ (~ '~ ~~" a ~ , 1 ~ ~i ~~I f! - i I s a_ HS .l` r a~ ~fs :j~ ~,~ ~~ 6 i 4y 14 4 ~t 1 Exhibit A -Page 2 CITY OF MERIDIAN PLA~NNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-051) 1.1.1 The preliminary plat labeled as P-1.0, prepared by Roylance and Associates, dated October 7, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-050) application shall also be considered conditions of the Preliminary Plat (PP-OS-051). 1.1.2 Place a note on the face of the final plat stating that driveways for Lots 5 and 7, Block 1, and Lot 1, Block 3, and Lot 5, Block 2, are prohibited from being constructed adjacent to the traffic circle at the intersection of Commander Street and Sun Shimmer Avenue. 1.1.3 The landscape plan prepared by Good Earth Landscape, on 1-10-05, labeled Sheet L1.1 is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside 11.6% (0.58 acres) of the site for useable open space, as proposed. • Provide a micro pathway to the school site to the north, as proposed. Per UDC 11-3B-12C, construct a 5-foot wide landscape strip on both sides of a micro pathway with at least 1 deciduous tree being planted every 35 linear feet on both sides of the pathway. • Per UDC 11-3G-3E1, install at least one deciduous shade tree per every 8,000 square feet of common open space area, and install lawn, either seed or sod. • 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 copy of said plan, if required by the Parks Department, with the final plat application. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of any buildings. All standards of installation shall 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 proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.4 Prior to signature of the final plat by the City Engineer, any building that spans across proposed lot lines, or does not meet the setback requirements of the R-4 zone shall be removed from this site or relocated in compliance with City Code. 1.1.5 Construct fencing that complies with the UDC adjacent to the micro-pathway to the school site to the north. Construct a 6-foot tall chain-link fence along the north property line Construct a 6-foot wood fence along the east- west and south sides of the property A detailed fencing plan shall be submitted upon application of the final plat. If permanent perimeter fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Fencing adjacent to Lot 6, Block 1, shall be Exhibit B -Page 1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 restricted to either 4-foot solid or 6-foot open vision. All fencing on the north side of Block 1 (next to the school district property) shall either be open-vision or shall not exceed four feet in height if solid fencing is used. '^^~• °* *'~° ^uoac~otvrm~~ovv~@rfl~@t@f „a ,....• th € is-~R~~ to 13®- .... ,. a • a a ,.i.'~~p~~~ L°-~" ~%"rv~'a voxx~sr aocac~ 1.1.6 Maintenance of all common areas shall be the responsibility of the Reserve Subdivision Home Owners' Association. 1.1.7 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 On the face of the final plat, place a temporary turnaround easement for Commander Street, west of Sun Shimmer Avenue, on Lot 2, Block 3. The face of the garage on Lot 2, Block 3, shall be located at least 20-feet south of the southern edge of the temporary turnaround easement. Install No Parking Signs on both sides of Commander Street adjacent to Lot 2, Block 3 and Lot 8, Block 1. Install a No Parking in Driveway Sign near the terminus of the temporary turnaround. Coordinate the design of the temporary turnaround and No Parking Signs with the Meridian Fire Department (888-1234). 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-051) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B -Page 2 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HEA~VG DATE OF FEBRUARY 28, 2006 2. Public Works Department 2.1 Sanitary sewer service to this site is being proposed via extension of mains located in N. Locust Grove. The applicant shall install mains to and through this development. Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N. Locust Grove Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81 /2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 An all weather access road built to City of Meridian standard specifications shall be built for operation and maintenance of the ofF site water being proposed. 2.5 No manholes or water valves shall be allowed in the landscape island associated with the roundabout. If mains are to be routed under the landscape island, no trees shall be allowed in it. 2.6 The applicant has indicated Settlers Irrigation will own and operate the pressure irrigation system in this proposed development, evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water ([TDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.8 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along all streets. There needs to be 10-feet of free and clear easement beyond the three and one half-feet of sidewalk that encroaches out of the right-of--way. 2.9 All existing structures not meeting setbacks shall be removed prior to signature on the fmal plat by the City Engineer. 2.10 If any of the existing houses are to remain as part of this development, the applicant shall be responsible for the payment of assessments and the actual hook-up to City of Meridian services. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B -Page 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 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. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 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. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.21 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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 %" 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. Exhibit B -Page 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 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 No obstructions shall be allowed within the temporary turnaround easement for Commander Street, on Lot 2, Block 3. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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 Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 The proposed 121ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 35 residents at build out. 3.9 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). 3.10 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.11 Provide sisnaee "No Parkins Fire Lane" adiacent to Lots 1 and 5-8 Block 1 Lots 1 and S~along Commander Streetl, Block 2 and Lots 1 (along Commander Streetl and 2 Block 3 4. Police Department 4.1 Anv fencine next to the school district property shall either be oven-vision or shall not exceed four feet in height if solid fencing is used 5. Parks Department Exhibit B -Page $ CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 No narking in turnaround for Commander Street or across Commander Street adjacent to Lot 8 Block 1. 7. Ada County Highway District Site Specific Conditions of Approval 7.1.1 The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located 2-feet within the new right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 7.1.2 Construct the new internal local street as a 33-foot street section with rolled curb, gutter, 8-foot landscape strips, and 4-foot detached concrete sidewalks, as proposed. Provide the District with an easement for the sidewalk that is proposed to be located outside of the right-of--way. Provide written approval from the fire department for the reduced street section. 7.1.3 Construct Commander Street to intersect Locust Grove Road approximately 130-feet north of the south property line as proposed. 7.1.4 Construct Commander Street as a stub street to the west property line, located 138-feet north of the south property line, as proposed. Install a sign at the terminus of the street stating, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." 7.1.5 Construct a stub street to the south property line (North Sun Shimmer Avenue), located 380-feet west of Locust Grove. Install a sign at the terminus of the street stating, "THIS ROAD WII,L BE EXTENDED IN THE FUTURE." 7.1.6 Coordinate the design of the proposed traffic circle with District Traffic Services staff and provide written approval from the Meridian Fire Department. Restrict the driveway for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from being constructed adjacent to the traffic circle. A note stating the access restrictions for these lots will be required on the final plat stating this access restriction. Exhibit B -Page 6 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 7.1.7 Other than the access points that have specifically been approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.8 Comply with all Standard Conditions of Approval. StandaYd Conditions ofAppYOVaI 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to 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 ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B -Page 7 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B -Page g CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 17, 2005 C. Legal Description ~f3~aRCE: $t ~SSOCic'it~,S P.A, rJt9ineers ~* 5utveyors • L.endptannne~ ~1 W. Site Strlaal, Suite E. ~agllaf Idahh 83616 Tel~tane (208j !~-2~4 Fax (2flep 939-285 September 14, 2Q(IS Proj~t No. 2~£sC~ ltgal I]escripti tan CS Ueveltrpment, I.L.C: Anslexation Area 5:t1O Aegis A treat of land for annexation purposes lacated im the Southeast C1ne Quarter pf the Nart6ea:at tine Quarter caf fiction 3a, Township ~ North, Range 1 East, Bosse Meridian„ Ada ('oumy, Idaho. desceibed as fallcaws; ("~**+rn~±±.ti^g at a found brass ~P Inonunientir~ the horflteast Comer of said Section 30, thence following the y line of said Section 3fl. South t7t#°3T~4" West a distanle of I328.39 feet to ttte k'C11NT OF BI~)NIVING. Theses following said easterly line South t7D"3TS9" West a diseanee of 331.98 feet to a poia~ Thence leaving said eas0erly line Ndrih 89'°49'43" West a distance of 6SS.96 feet to a paint; Thence North ~°3bY~" Bast a dzstanr~ of 332.10 feet to a point; Thence South 89°49't16" Bast a distance taf 6SS.96 feet to t$e POINT f?F BF.CTII~TIvIING, The above-des-c~n'bed tract of land cx~ntains 5.t7(1 ass, more or less, svb~ect to all existing easements and rights- of-wx}~_ ~ ley: ~©YL.ANCE ~ ASSOCIATES P.A. 391 W. STATE STREI/T, SLII7~ 1 EACr7-.1;,1DAI~~ 53616 2A8-939-2824 20$-939m2855 (FAX) RE w APptzpve~ ev 45~~, ~ ? ~fttj-tl sG;zra Pue--ic -.,~ ., nr_r~ s 9~ "0~~,'~r.,fCenyersi2.~8fitAt~~rovn'Jz~ais~.gnrz.~sstitm Icgal.dcx: ,~: Exhibit C -Page 1 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 17, 2005 ~ ~ ~~ 8~~ ~ ~~ ~ ~ O ~ O I~ C? 4. ''. ~~ p~+-1 N) m W Q W ~ (~ ~~ Z ~~ U ~ ~ ~ W ~Q ~~ ~ ~~ V ~ 0 `M 6 ~ ~ Q ~ Z tay ya. ,/ a ' i ~ =-r~ .s~•ez€t z W !-- Z 0. ®~I 3l1®~ 1Sf1~Ol 'N .~~ ~- ~~~ ~- U7 ;!1; ~~O-I=l1 e~ ~ I E ~L 1 4J g,, s V z ~ z ~ w s rn ~ 'o o ~ °~ C ~ ~ ~ ~ Qf I J ~ O .{/~ 4ZS ~~ ~. ~~ a~ -. V ~+ ~, ®Cf a~i Q -' ~ ~ ,, n~ ~~ ~ ~.- f~ ~' ~-, ~~ r 1 W ~~ I~ ++~ 1 z d ~s~ u~ ~~ Q q~N U ~QM a `.~°' ~bm ~~ ~~ ¢~~'o ^ ®t`~°` Z g'r_ a Q ~u~~ Wpmyo ~ m"~ Vi Gap ~'Gyv O ~ O 0. '4 . tY ~~ ~Z d~ m 4 Exhibit C -Page 2 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 17, 2005 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 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that the proposed zoning map amendment complies with the established regulations and purpose statement of the R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. The Council relies on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning map amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). For the reasons listed in the Staff Report for the hearing date of Februaxy 28 2006 and the Annexation Findin s above the Ci Council finds that the proposed annexation is 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: A. The plat is in conformance with the Comprehensive Plan; Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report and Annexation Finding #1 above. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D -Page 1 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING~E OF NOVEMBER 17, 2005 Based on the comments received from the agencies and departments providing service to this property, the Council fmds that all services are available or can be made available for the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the ACAD's Five Year Work Program or Capital Improvements Plan. There are no City of Meridian projects for sewer or water trunks planned for this area. All sewer and water extensions are planned to be developer driven on this property. The Council finds that the submitted preliminary plat is in general conformance with the scheduled public improvements and the City's capital improvement program. D. There is public financial capability of supporting services for the proposed development; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council fmds there will not be excessive additional requirements at public cost, and that the public is fmancially capable of supporting services for the proposed development. E. The development will not be detrimental to the public health, safety or general welfare; and The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council fmds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not anticipate the proposed development will be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Exhibit D -Page 2 February 24, 2006 AZ 05-051 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Centennial Development, LLC ITEM NO. 12 REQUEST Public Hearing -Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision -northwest comer of North Ten Mile Road and West Pine 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: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations /Findings MERIDIAN POST OFFICE: OTHER: See attached Letter froth Schweigers Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 24, 2006 PP 05-052 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Centennial Development, LLC ITEM NO. 13 REQUEST Public Hearing -Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision - northwest comer of Norfh Ten Mile Road and West Pine Avenue 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: See attached P&Z Item Packet / MinuFes See attached Recommendations / Findings MERIDIAN POST OFFICE: OTHER: See attached letter from Schweigers Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. February 24, 200b CUP 05-047 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Centennial Development, LLC ITEM NO. 14 REQUEST Public Hearing -Request for Conditional Use Permit for a Planned Development for mutli-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision - nwc of North Ten Mile & West Pine 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: COMMENTS See attached Pti~Z Item Packet /Minutes See attached Recommendations / Findings OTHER: See attached Letter from Schweigers Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. February 24, 2006 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Brighton Development, Inc. ITEM NO. 15 REQUEST Public Hearing -Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zones for Quenzer North Subdivision -- north of East Ustick Road and west of requirements for Ellensburg Subdivision - nwc of North Ten Mile 8~ West Pine 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: Emailed: Date: AZ 05-063 COMMENTS See attached P8~Z Item Packet / Minutes See attached Recommendations /Findings Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~t~CEIVE~ MAR 0 3 2006 City ~f Meridian ~t~'lerk Office e'4'F`f siF ~~~~~ ~~ ~ ~„,~ ~, ir~.~ ~.,~. ~: In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP) approval of 12 building lots and 1 common/other lot on 5.47 acres, by Brighton Development. Case No(s).: AZ-OS-063 and PP-OS-063 For the City Council Hearing Date of: February 28, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 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-OS-063 / PP-OS-063 - PAGE I of 4 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 28, 2006 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 November 11, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the February 28, 2006 City Council hearing: a. Modify the last bullet of the Development Agreement to read: "That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The number of horses shall not increase above the number housed on the property as of February 28, 2006. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-063 / PP-OS-063 -PAGE 2 of 4 and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-063 / PP-OS-063 -PAGE 3 of 4 C~ • By action of the City Council at its regular meeting held on the ai3 fig' day of ~el~ru0,~~ , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED~gg~ TIE BREAKER 6 MAYOR TAMMY de WEERD VOTED ~~,m~/ MA~C~I~s fi ~VIY de WEERD ATTEST: ;~`~ ~~ ~~ ,, ~d~ d®®,<; ~~ P ('' ~, ' L...j a~~~~r. WILLIAM G. BERG, J ., C C3,E ~~ ~ - / ~ Y Copy served upon: AppllCfant~~~~a,Prrrsrt aaaat~~4~`Ai~~~`,9, Manning Department Public Works Department -City Attorney BY~ Dated: 3 ' ~~ o~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA5E NO(S). AZ-OS-063 / PP-OS-063 -PAGE 4 of 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 STAFF REPORT City Council Hearing Hearing Date: 2/28/2006 TO: Mayor, City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Quenzer North Subdivision • AZ-OS-063 r L, L.' ' _ r 1rti° r~~ ~'~ ~ +' ~ ~- err ~~~~ ~~ ~t~.ttita +.~. ~~h~ ~ F ~n -~y~e iv Annexation and Zoning of 5.03 acres from RUT to R-8 zone • PP-OS-063 Preliminary Plat of 12 single family building lots and 1 common lot on 5.47 acres in a proposed R-8 zone 1. SiJ1VIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brighton Development, has applied for Annexation and Zoning (AZ) of 5.03 acres from RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 12 single family residential lots and 1 common lot on 5.47 acres. The site is located north of Leigh Field Drive and west of N. Locust Grove. This site currently contains a rural residence, and a portion of the property has been previously annexed and platted as Lot 10, Block 13 of Quenzer Commons Subdivision No. 9. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Jay Walker ii. In opposition: Mike Sweet iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Percentage of site dedicated to landscaped open space and removal of an open space from a previous platted phase of Heritage Commons Subdivision. c. Key Commission Changes to Staff Recommendation: i. Add a condition which states: Lot 6, Block 31 and Lot 16, Block 13 shall be restricted to single story homes. ii. Add a condition which states: Vinyl fencing shall be installed by the applicant on the north and east boundaries of the subdivision. iii. Amend the last bullet of the Development Agreement to state: That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. No new horses shall be added to the property. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 1 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 I move to approve File Numbers AZ-OS-063 and PP-OS-063 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated November 11, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial (All Applications) I move to deny File Numbers AZ-OS-063 and PP-OS-063 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated November 11, 2005 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-063 and PP-OS-063 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of Leigh Field Drive, west of N. Locust Grove Road E1/2, Section 31, T4N R1E b. Owners: 1. Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 2. Vanessa M. Klaus 4055 N. Locust Grove Road Meridian, ID 83642 c. Applicant: Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 d. Representative: Jason Davies, Engineering Northwest, LLC e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Mixed-Use Neighborhood (Neighborhood Center) g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): November 11, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 1, 2005 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 2 and 16, 2006 c. Radius notices mailed to properties within 300 feet on: December 23, 2005 Quenzet North Subdivision AZ-OS-063, PP-OS-063 PAGE 2 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 d. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s): Vacant land, common landscape lot for Quenzer Commons Subdivision No. 9, and a rural residence b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Existing rural residence, zoned RUT (Ada County). 2. East: Existing rural residence, zoned RUT (Ada County). 3. South: Quenzer Commons Subdivision, zoned R-8. 4. West: Cobre Basin Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in E. Leigh Field Drive. Location of water: Extension of mains in E. Leigh Field Drive. Issues or concerns: None. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 5.74 acres f. Subdivision Plat Information 1. Residential Lots: 12 2. Non-residential Lots: 1 3. Total Building Lots: 12 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 13 7. Open Lots: 1 8. Residential Area: 5.74 9. Gross Density: 2.19 units per acre (2.41 net density) g. Landscaping 1. Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 3 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: .12 acres/2.17% 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (iJDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Leigh Field Drive and the proposed extension to N. Quenzer Way. Please see ACHD report for details. 7. COMMENTS MEETING On December 30, 2005 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 "Mixed-Use Neighborhood (Neighborhood Center)" on the Comprehensive Plan Future Land Use Map. Mixed Use Neighborhood areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 12 single-family lots on 5.74 acres for a gross density of 2.19 dwelling units/acre (2.41 net). Staff finds that the large lot proposed to remain around the existing residence reduces the density significantly and the development substantially complies with the intent of the density range for the designation. At such time that Lot 7, Block 31 redevelops, the density of the development will fall with the three to eight units per acre noted for Mixed Use Neighborhood areas of the Comprehensive Plan. Staff fmds that the following Comprehensive Plan policies apply to this application: • 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 Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 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 #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 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. A six foot tall closed fence has been proposed around a portion of the perimeter of the development, and there is existing fencing on the remaindeY Prior to house construction, fencing should be constructed around the perimeter of this site. 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. Stafffinds that the existing residential properties to the south and west are compatible with the proposed development. • 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-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists multifamily developments as a Conditional Use. 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 Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 5 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The number of horses shall not increase above the number housed on the property as of February 28 2006. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 6 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Livestock: The property currently contains livestock (horses) that the applicant has requested be allowed to remain on Lot 7, Block 31 which is the existing home. Staff recommends that the horses should be allowed to stay until either vacation of the property by the current owner or January 1, 2010, whichever occurs first. This stipulation shall be made part of the Development Agreement. 2. Parkways and Landscaped Oven Space: The applicant is proposing to set aside .12 acres (2.1 % of the property) for open space. UDC 11-3G-3 requires that all subdivisions of 5 acres or more shall provide a minimum of 5% of the gross land area in landscaped open space. The applicant is also proposing parkways which are five feet in width and are proposed to contain Class II trees. UDC 11-3A-17 requires that parkways which contain Class II trees be a minimum of eight feet in width without root barriers, or six feet in width with root barriers which meet specific requirements. Any parkways of at least eight feet in width which contain street trees may be counted toward the five percent landscaped open space requirement (UDC 11-3G-5), provided that driveway cuts are subtracted. The area of the plat depicted as Lot 11, Block 13 and Lot 1, Block 31 was platted as a common open space lot in Quenzer Commons Subdivision No. 9, which lies immediately to the south of the subject property. The applicant has received Alternative Compliance approval from the Meridian Planning Department to place a portion of N. Quenzer Way across the open space lot. Staff has not, however, approved the conversion of the west half of the common lot to a building lot, as shown on the submitted preliminary plat. The Commission and Council should consider whether the elimination of the approved open space lot from Quenzer Commons Subdivision No. 9 is appropriate. Staff recommends that the preliminary plat and landscape plan be modified to increase the parkways to eight feet in width, and the applicant should provide the Planning Department with revised open space calculations that reflect the included parkways. The applicant should be prepared to demonstrate at the public hearing how the 5% minimum landscaped requirement will be met. 3. No Parkins: N. North Quenzer Way is proposed as a 29 foot street section and parking shall not be allowed on either side of the street. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 4. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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. 5. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated December 1, 2005) with the preliminary plat application for the subdivision. Staff Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 7 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 is supportive of the fencing proposed. All perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Common Areas: Maintenance of all common areas shall be the responsibility of the Quenzer North Home Owners' Association. 7. Ditches, Laterals, and Canals: 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. b. Staff Recommendation: Staff recommends approval of AZ-OS-063 and PP-OS-063 for Quenzer North Subdivision as presented in the staff report for the hearing date of January 19, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary Plat (dated: November 15, 2005) 2. Landscape Plan (dated: November 11, 2005) 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 C. Legal Description D. Required Findings from Zoning Ordinance Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 8 CITY OF MERIDIAN PLAS~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Exhibit A CITY OF MERIDIAN PLA,PDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) -_~ ~~F ~~~~~~~ ~~~~ ~~~~ ~~~~~~ ~~~,~j ~~ aez ~~ DV ~~~~~~ ~~~~~ ~Q~ ~ ~ ~~~ ~ ,z~ 'y ~~~96a°~~ A 0 ~~$ ~~ ~~ C ~p g e ~ a ,o- _~_ r~ ~e~ _ ~;_,e - -"~ e~ ~~ ~3 C6E Stv0 DD SUBDI VI SIOv a a ---_ _- -- . __. .. ~ ~ ~ ~ Q ~ r~oior~s • r~or~ Pno~+~ry ugh ~~ -- - ~ _( , C $4 ~nx,m~ 1 i ~ ! ~ ~~ ~~ ~. c Exhibit A CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The number of horses shall not increase above the number housed on the property as of February 28, 2006. 1.2 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet No. 1 prepared by Engineering Northwest, dated November 11, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-063) shall also be considered conditions of the Preliminary Plat (PP-OS-063). 1.2.2 Maintenance of all common areas shall be the responsibility of the Quenzer North Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 1.2.4 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.3 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 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 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 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. 1.3.8 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 E. Leigh Field Drive. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 main size and routing with Public Works. 2.3 The applicant shall be responsible for payment of assessments and the actual physical hook-up for the existing house to municipal services. 2.4 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 Revise note 2, to dedicate an easement for public utilities as well as for drainage and irrigation. Also graphically depict on the face of the final plat where these easements will dedicated. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 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. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 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. Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2.18 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. 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIItE DEPARTMENT 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. 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. 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. 4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 10. 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. Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 11. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 1 Z. Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 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. 6. SANITARY SERVICE COMPANY 1. Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT Site Speck Conditions ofAppYOVal Construct a 5-foot attached (or detached) concrete sidewalk on the north side of Leigh Field Drive abutting the site. Dedicate adequate right-of--way for the sidewalk OR Provide the District with an easement for the sidewalk. 2. Construct North Quenzer Way to intersect East Leigh Field Drive approximately 115-feet east of the west property line and in alignment with North Quenzer Way, as proposed. 3. Construct the internal street as a 29-foot street section with curb, gutter and a 4-foot detached concrete sidewalk that is separated from the curb by 5-feet. Obtain fire departmental approval for the reduced street section. *'~*If the applicant wishes to place trees within the landscape strip, ^ Provide a minimum planter width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or ^ Provide a minimum planter width of 8-feet without the installation of a root barrier or ^ Provide a minimum of a 10-foot wide planter for Class I and Class III trees. 4. Extend North Quenzer Way to the north property line as a stub street approximately 155-feet west of the east property line, as proposed. Provide a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the roadway stating, "This road will be extended in the future." Utilize the existing 25-foot wide driveway that intersects Leigh Field Drive approximately 230- feet west of the east property line, as proposed. Pave the driveway its full width and a minimum of 30-feet into the site beyond the edge of pavement of Leigh Field Drive. Place a note on the final plat stating that Lot 11 of Block 13 will be required to take access to North Quenzer Way as opposed to Leigh Field Drive. Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 7. Comply with all Standard Conditions of Approval. Standard Conditions ofAppYOVal Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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. 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. 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. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 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 (spaze or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 C. Legal Description n~ginee~'in~ ~®~'tla e 423 N. Ancestor Place, Suite 130 Project No. O1-045-O1 ~, I L~ Boise, Idaho 53704 (203} QUENZER NORTH REZONE DESCRIPTION • Pax (208) 3 Date: November 10, 2005 A parcel of land being parcel No. 1, as shown on Record-of--Survey Number 3774 of Ada County Records, which parcel is a portion of Lot 13 of Crestwood Subdivision No. 1, all located in the SE 1/4 of the NE 1/4 of Section 31, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4 N., R i E., and Sections 5 and 6 of T. 3 N., R. 1 E., B.M.; Thence North 00°3I'35" East, 2659.04 feet on the section line common to said Sections 31 and 32 to the 1/4 section corner common eo said Sections 31 and 32; Thence leaving said section line, North 89°46'20" West, 1317.76 feet on the east-west mid-section line of said Section 31 to the center-east 1/16 tit section corner of said Section 31, said point being the REAL, POIlVT OF BEGII~INING; Thence leaving said mid-section line, North 00°35'27" East, 332.36 feet (formerly_ described as North t)(?~pl'S2" East) on the north-south 1%16 th section line of the NE 1/4 of said Section 31, said line also being the westerly boundary line of Crestwood Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 28 of Plats at Page 1757 of Ada County Records, to the northwest corner of Lot I3 of said Crestwood Subdivision No. 1; Thence South 89°46'20" East, 658.79 feet (formerly described as North 89°40'05" East} on the lot line common to Lots 12 and 13 of said Creswood Subdivision No. 1 to the northeast corner of said Parcel No. 1 ofRecord-of-Survey Number 3774; Thence South 00°34'31" West, 332.36 feet (formerly descn`bed as South 00°00'56" !JV~st) on the parcel line common to Parcel No. 1 and Parcel No. 2 of said Record-of--Survey to the southerly comer common to said Parcel No. 1 and Parcel No. 2, said point being on the east-west mid-section line of said Section 31; Thence North 89°46'20" West, 658.88 feet on the east-west mid-section line and the southerly parcel line of said Parcel No. 1 to the real point of beginning. Said parcel contains 5.03 acres more or less. Quenzer N° !G R+aune Dez: do. PREPARED BY: Eaginecriog NorthR"est. I.L(' James R. Was6bura, PLS Pine I ®f I Exhibit C CITY OF MERIDIAN PLANNII~i DEPARTMENT STAFF REPORT FOR THE HEADING DATE OF FEBRUARY 28, 2006 ~ ~ -~ •fii 6 x° T 4a ..qq ~ ~'D ,, B ~ a i a i o ;~ 1 ~. _. __ - ---- -- ~ 1 I ' I I 1 I I rI! j 1 1 I ° ~ I _~ o ~~~~ ° I Iq ~~~ ~~ I ° I 1 s i ~i ° ~; I I I m Z , 1 I 1 I 1 z I 1 o ' -----~°~as~----- ~ n ~f~ ~ ~+ ~ - ~ - X 1 ~ n T. s ~ ~: ~ s_. ~+..:_::.... _. v a :~ 1. F. (eu.~ \_ '~ Exhibit C CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application.l'n order to grant an annexation and/or rezone, the Council shall make the following findings: 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-8. City Council finds 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council fords that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonine of this nroperty to R-8 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; City Council fords that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 adopted Comprehensive Plan. City Council generally supports the proposed plat layout and proposed density 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; City Council finds that public services are available to accommodate the proposed development. (See fmding Items 3 and 4 above under Annexation Findings for more details.) 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 cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See fmding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the public health, safety or general welfare; and Ciry 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. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff 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. Exhibit D February 24, 2006 PP 05-063 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Brighton Development, Inc. ITEM NO. 16 REQUEST Public Hearing -Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Quenzer North Subdivision - north of East Ustick Road and west of North Locust Grove 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: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations /Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Gity of Meridian. February 24, 2006 PP 05-063 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Brighton Development, Inc. ITEM NO. 16 REQUEST Public Hearing -Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Quenzer North Subdivision - north of East Ustick Road and west of North Locust Grove 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: COMMENTS See attached P8.Z Item Packet /Minutes See attached Recommendations /Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~~~~~ DEB ~ ~ 2006 City ®1° Mea°idia~ 'City CMrk s:3ffi.ce ,, `~~~"~ L"~R~ ~~~~ k e, ~~:~~ ',,:;. ~r_t ` d~$P ~~bg'..i+L1i .'~n~ 't 41 In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP) approval of 12 building lots and 1 common other lot on 5.47 acres, by Brighton Development. Case No(s).: AZ-OS-063 and PP-OS-063 For the City Council Hearing Date of: February 28, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 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-OS-063 / PP-OS-063 -PAGE 1 of 4 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 parry 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 28, 2006 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 November 11, 2005 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-063 / PP-OS-063 -PAGE 2 of 4 ~1 LJ Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-063 / PP-OS-063 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~'~ 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ~~~ day of VOTED_~~~ VOTED__~~.~L~ VOTED__~~ VOTED__~ G~~- VOTED _MA,Y~~ .s,: -~~+ Bo~sWEERD ATTEST: ~~o° ~"~ ~~~ y~ r `~, d e ~ '=-~s~. ~~ s ILLIAM G. BERG, JR., CLEF ~ ~~~T ~~~ °~`~ ~ sso~®~~~ ~C~r.`~aa®e ~~~,''0aaii~a~o~a e~a~~~°~~~`` Copy served upon: Applicant Planning Department / Public Works Department / City Attorney BY: Dated: ~- I ~Q~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-063 / PP-OS-063 -PAGE 4 of 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 STAFF REPORT City Council Hearing Hearing Date: 2/28/2006 TO: Mayor, City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Quenzer North Subdivision • AZ-OS-063 '. ~ K F' ~~ ~'-~ 3 11 ~ `~ ~u.~~ ,~~ ~~`~~ ~. Annexation and Zoning of 5.03 acres from RUT to R-8 zone • PP-OS-063 Preliminary Plat of 12 single family building lots and 1 common lot on 5.47 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brighton Development, has applied for Annexation and Zoning (AZ) of 5.03 acres from RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 12 single family residential lots and 1 common lot on 5.47 acres. The site is located north of Leigh Field Drive and west of N. Locust Grove. This site currently contains a rural residence, and a portion of the property has been previously annexed and platted as Lot 10, Block 13 of Quenzer Commons Subdivision No. 9. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Jay Walker ii. In opposition: Mike Sweet iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Percentage of site dedicated to landscaped open space and removal of an open space from a previous platted phase of Heritage Commons Subdivision. c. Key Commission Changes to Staff Recommendation: i. Add a condition which states: Lot 6, Block 31 and Lot 16, Block 13 shall be restricted to single story homes. ii. Add a condition which states: Vinyl fencing shall be installed by the applicant on the north and east boundaries of the subdivision. iii. Amend the last bullet of the Development Agreement to state: That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. No new horses shall be added to the property. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 1 i CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE G DATE OF FEBRUARY 28, 2006 I move to approve File Numbers AZ-OS-063 and PP-OS-063 as presented in the staffreport for the hearing date of February 28, 2006, and the preliminary plat dated November 11, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial (All Applications) I move to deny File Numbers AZ-OS-063 and PP-OS-063 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated November 11, 2005 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-063 and PP-OS-063 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of Leigh Field Drive, west of N. Locust Grove Road E1/2, Section 31, T4N R1E b. Owners: 1. Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 2. Vanessa M. Klaus 4055 N. Locust Grove Road Meridian, ID 83642 c. Applicant: Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 d. Representative: Jason Davies, Engineering Northwest, LLC e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Mixed-Use Neighborhood (Neighborhood Center) g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): November 11, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 1, 2005 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 2 and 16, 2006 c. Radius notices mailed to properties within 300 feet on: December 23, 2005 Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 2 CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 d. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s): Vacant land, common landscape lot for Quenzer Commons Subdivision No. 9, and a rural residence b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Existing rural residence, zoned RUT (Ada County). 2. East: Existing rural residence, zoned RUT (Ada County). 3. South: Quenzer Commons Subdivision, zoned R-8. 4. West: Cobre Basin Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in E. Leigh Field Drive. Location of water: Extension of mains in E. Leigh Field Drive. Issues or concerns: None. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 5.74 acres f. Subdivision Plat Information 1. Residential Lots: 12 2. Non-residential Lots: 1 3. Total Building Lots: 12 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 13 7. Open Lots: 1 8. Residential Area: 5.74 9. Gross Density: 2.19 units per acre (2.41 net density) g. Landscaping 1. Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 3 CITY OF MERIDIAN PLAS~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space:.12 acres/2.17% 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots shoulld include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Leigh Field Drive and the proposed extension to N. Quenzer Way. Please see ACHD report for details. 7. COMMENTS MEETING On December 30, 2005 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 "Mixed-Use Neighborhood (Neighborhood Center)" on the Comprehensive Plan Future Land Use Map. Mixed Use Neighborhood areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 12 single-family lots on 5.74 acres for a gross density of 2.19 dwelling units/acre (2.41 net). Staff finds that the large lot proposed to remain around the existing residence reduces the density significantly and the development substantially complies with the intent of the density range for the designation. At such time that Lot 7, Block 31 redevelops, the density of the development will fall with the three to eight units per acre noted for Mixed Use Neighborhood areas of the Comprehensive Plan. Staff fords that the following Comprehensive Plan policies apply to this application: • 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 Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 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 (ACl~). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal 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. A six foot tall closed fence has been proposed around a portion of the perimeter of the development, and there is existing fencing on the remaindeY Prior to house construction, fencing should be constructed around the perimeter of this site. 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. Stafffinds that the existing residential properties to the south and west are compatible with the proposed development. • 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-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists multifamily developments as a Conditional Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehhensive 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 Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 5 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 28, 2006 a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the tune of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. No new horses shall be added to the property. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 6 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE?~G DATE OF FEBRUARY 28, 2006 1. Livestock: The properly currently contains livestock (horses) that the applicant has requested be allowed to remain on Lot 7, Block 31 which is the existing home. Staff recommends that the horses should be allowed to stay until either vacation of the property by the current owner or January 1, 2010, whichever occurs first. This stipulation shall be made part of the Development Agreement. 2. Parkways and Landscaped Open Space: The applicant is proposing to set aside .12 acres (2.1 % of the property) for open space. UDC 11-3G-3 requires that all subdivisions of 5 acres or more shall provide a minimum of 5% of the gross land area in landscaped open space. The applicant is also proposing parkways which are five feet in width and are proposed to contain Class II trees. UDC 11-3A-17 requires that parkways which contain Class II trees be a minimum of eight feet in width without root barriers, or six feet in width with root barriers which meet specific requirements. Any parkways of at least eight feet in width which contain street trees may be counted toward the five percent landscaped open space requirement (LTDC 11-3G-5), provided that driveway cuts are subtracted. The area of the plat depicted as Lot 11, Block 13 and Lot 1, Block 31 was platted as a common open space lot in Quenzer Commons Subdivision No. 9, which lies immediately to the south of the subject property. The applicant has received Alternative Compliance approval from the Meridian Planning Department to place a portion of N. Quenzer Way across the open space lot. Staff has not, however, approved the conversion of the west half of the common lot to a building lot, as shown on the submitted preliminary plat. The Commission and Council should consider whether the elimination of the approved open space lot from Quenzer Commons Subdivision No. 9 is appropriate. Staff recommends that the preliminary plat and landscape plan be modified to increase the parkways to eight feet in width, and the applicant should provide the Planning Department with revised open space calculations that reflect the included parkways. The applicant should be prepared to demonstrate at the public hearing how the 5% minimum landscaped requirement will be met. 3. No Parkins: N. North Quenzer Way is proposed as a 29 foot street section and parking shall not be allowed on either side of the street. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 4. Pressure Irri atga ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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. 5. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated December 1, 2005) with the preliminary plat application for the subdivision. Staff is supportive of the fencing proposed. All perimeter fencing must be completed prior to Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 7 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 28, 2006 issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Common Areas: Maintenance of all common areas shall be the responsibility of the Quenzer North Home Owners' Association. 7. Ditches. Laterals, and Canals: 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. b. Staff Recommendation: Staff recommends approval of AZ-OS-063 and PP-OS-063 for Quenzer North Subdivision as presented in the staff report for the hearing date of January 19, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary Plat (dated: November 15, 2005) 2. Landscape Plan (dated: November 11, 2005) 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 C. Legal Description D. Required Findings from Zoning Ordinance Quenzer North Subdivision AZ-OS-063, PP-OS-063 PAGE 8 CITY OF MERIDIAN PL?SV~EPARTMENT STAFF REPORT FOR THE HE.~G DATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Exhibit A ' ~~ ~~ CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) ~~"a fl ~~ . ~- ,o' _~ s n - --- z° ~ I _ ~ ~m ~~R6bg$ ~ 'a ~ 9 Glt: ~r~e ~; ~~ ~~ has ~~~ ~~A I I ~ al ~~ o ,~ ~ ~ CPE 9iw0 OD 9u BDI VISION -- ---__ _ ' ~.. ~ r i ~ ~ ~ --- 1 a ~3~I~I~ ~~~ ~~ ~~~ -~ Z ~~~~~~ ~~ ~ ~~~~~~ ~~~~ Y Y Y Y Y ~ (, ~€~€~~I ., 1 r~ m o z ' s c _ &_. :~ ~~~ - H s~ a;- - _, F ~1 ® n !! D FY Q a i ~ __ _..~-.-T Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of Citv Council approval of the annexation request The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. No new horses shall be added to the property. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet No. 1 prepared by Engineering Northwest, dated November 11, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-063) shall also be considered conditions of the Preliminary Plat (PP-OS-063). 1.2.2 Maintenance of all common areas shall be the responsibility of the Quenzer North Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developablle area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 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 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staffls failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 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 E. Leigh Field Drive. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall be responsible for payment of assessments and the actual physical hook-up for the existing house to municipal services. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 28, 2006 2.4 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 Revise note 2, to dedicate an easement for public utilities as well as for drainage and irrigation. Also graphically depict on the face of the final plat where these easements will dedicated. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 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. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 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. 2.18 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. Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 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. 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. 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. 4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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. 8. Building setbacks shall be per the International Building Code far one and two story construction. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 10. 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. 11. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 12. Provide exterior egress lighting as required by the International Building & Fire Codes. Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the site desig~l submitted with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 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. 6. SANITARY SERVICE COMPANY 1. Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT Site Speck Conditions ofAppYOVaI Construct a 5-foot attached (or detached) concrete sidewalk on the north side of Leigh Field Drive abutting the site. Dedicate adequate right-of--way for the sidewalk OR Provide the District with an easement for the sidewalk. 2. Construct North Quenzer Way to intersect East Leigh Field Drive approximately 115-feet east of the west property line and in alignment with North Quenzer Way, as proposed. Construct the internal street as a 29-foot street section with curb, gutter and a 4-foot detached concrete sidewalk that is separated from the curb by 5-feet. Obtain fire departmental approval for the reduced street section. ***If the applicant wishes to place trees within the landscape strip, ^ Provide a minimum planter width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or ^ Provide a minimum planter width of 8-feet without the installation of a root barrier or ^ Provide a minimum of a 10-foot wide planter for Class I and Class III trees. 4. Extend North Quenzer Way to the north property line as a stub street approximately 155-feet west of the east property line, as proposed. Provide a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the roadway stating, "This road will be extended in the future." 5. Utilize the existing 25-foot wide driveway that intersects Leigh Field Drive approximately 230- feet west of the east property line, as proposed. Pave the driveway its full width and a minimum of 30-feet into the site beyond the edge of pavement of Leigh Field Drive. 6. Place a note on the final plat stating that Lot 11 of Block 13 will be required to take access to North Quenzer Way as opposed to Leigh Field Drive. 7. Comply with all Standard Conditions of Approval. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE ~ G DATE OF FEBRUARY 28, 2006 Standard Conditions ofAppYOVaI Any existing imgation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 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. 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. 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. 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. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 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. 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. 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 Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF FEBRUARY 28, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 28, 2006 C. Legal Description h lhB@ 423 N. Ancestor Project No. 01-045-01 ' 1~®l~t~i best, r.~e tto~se,ldal~o 83704 (20$) 376-51?C~ .Fax (20$) 376-3556 Date: November 10, 2005 QUENZER NORTH REZONE DESCRIPTION A parcel of land being Parcel No. 1, as shown on Record-of--Survey Number 3774 of Ada County Records, which parcel is a portion of Lot 13 of Crestwood Subdivision No. 1, all located in the SE ]/4 of the NE 1/4 of Section 31, T. 4 N., R 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 31 and 32 of said T. 4 N., R 1 E., and Sections 5 and 6 of T. 3 N., R. 1 E., B.M.; Thence North 00°31'35" East, 2659.04 feet on the section line common to said Sections 31 and 32 to the 114 section comer common to said Sections 31 and 32; Thence leaving said section line, North 84°46'20" West, 1317.?ti feet on theeast-west mid-section line of said Section 31 to the center-east 1/16th section corner of said Section 31, said point being the REAL POIAT'T OF BEGINNING; Thence leaving said mid-section line, North 00°35'27" East, 332.36 feet formed _ descnbedas N`ort~06a01 52" Fast) on the north-south 1%16 th section line of the NE 1%4 of said Section 31, said line also being the westerly boundary line of Crestwood Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 28 of Plats at Page 1757 of Ada County Records, to the northwest comer of Lot 13 of said Crestwood Subdivision No. 1; Thence South 89°46'20" East, 658.79 feet (fom-erly described as North 89°40'05" East) on the lot line common to Lots 12 and 13 of said Crestwood Subdivision No. 1 to the northeast comer of said Parcel No. 1 of Record-of-Survey Number 3774; Thence South 00°34'31" West, 332.36 feet (formerly descn'bect as South 00°00'56" West} on the parcel line common to Parcel No. 1 and Pazcel No. 2 of said Record-of-Survey to the southerly comer common to said Parcel No. 1 and Parcel No. 2, said point being on the east-west mid-section line of said Section 31; Thence North 89°46'20" West, 658.88 feet on the east-west mid-section line and the southerly parcel line of said Parcel No. 1 to the real point of beginning. Said parcel contains 5.03 acres more or less. PREPARE® BY: Engineering 1~torthR'cst, LI:(' Q~enxer ~°. i u Ra°~ ~,, a~ James 1L ~rV'ashburo, PLS vm~ s °r i Exhibit C CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 ~~ a i = ~; I o I - I I I I ' l m o i Exhibit C CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 D. Required Findings from Zoning Ordinance 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-8. City Council finds 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonine of this nronerty to R-8 would be in the best interest of the Cites 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; City Council finds that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF FEBRUARY 28, 2006 adopted Comprehensive Plan. City Council generally supports the proposed plat layout and proposed density 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; City Council fords that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 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 cost, staff 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; See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the public health, safety or general welfare; and 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. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historYC features on this site. Therefore, staff fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D February 24, 2006 AZ 05-040 MERIDIAN CITY COUNCIL MEETING February 28, 2006 APPLICANT Primeland Development, LLP ITEM NO. 17 REQUEST Ordinance -Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision -southwest dnd northwest comers of North Ten Mile Road and McMillan 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: COMMENTS See attached Ordinance Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDS DAVID NAVARRO AMOUNT .00 11 (~ BOISE IDAHO 03!07106 ~ AM DEPUTY Patti Thompson III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF 1~~~i347S4 City of Meridian CITY OF MERIDIAN ORDINANCE NO. ®~ '- l ~ l BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-OS-040 VOLTERRA SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE S % OF SECTION 27 AND THE N %Z OF THE NE 1/4 OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERIVIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G, L-O AND R-4 (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT, LIMITED OFFICE DISTRICT AND LOW DENSITY RESIDENTIAL) 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 RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Primeland Development, LLC. SECTION 2. That the above-described real property is ]hereby annexed and re- zoned from RUT (Ada County) to C-G, L-O and R-4 (General Retail and Service Commercial District, Limited Office District and Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-OS-040 VOLTERRA SUBDIVISION Page 1 of 3 ~. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed tto alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDL~N, IDAHO, this 2~~~ day of ~-~i~~G~~~ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~f~day of ~~ibY~~yl , 2006. MAYOR de WEERD ANNEXATION OF AZ-05-040 VOLTERRA SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) t,;ti~etit~~ii~lr~rrrrr ® ®~ a P ~, ~ ~ 4 ~~ CITY C ~~~~' ~-a~ ~ ~ ~°°° lrrrrrrraaa i~saar~®'° On this a$~ day of ,Pbi , 2006, before me, the undersigned, a Notary Public in and for said State,l ersonally appeared TAMMY de WEERD and WILLIAM G. BERG, TR., 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~.....,~ •• 11fi. G~°. • (SE.~'; ~~" ~` '~~ OTARY PUBLIC FOR IDAHO ', ~ RESIDING AT: lY1 ~ 1_~ fi 1 ~, L C~ s ~ ' MY COMMISSION EXPIRES: l~~j ICI i ~ ~ w ~~ i • s ~ '~ ~s ~~~1vQ; ANNEXATION OF AZ-05-040 VOLTERRA SUBDIVISION Page 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 C. Legal Description • '~ t ; ..June 21., 2005 ...;. VOLTERRA• SUBDNIStOM • ~ A parcel-of'tarnd located' in Hio N ~ of the. NE '/. of Sutton 34°and tha S Yx of Section 27, T: 4N., R.1W,. B.M.. Ada County, ldsatta, tr~ra particularly dr*eciibed•as follows: .Cntnmencin~ at the oomer common to Sect~r~ 2fi; 35, artd~_fhs Bald :`~. actions 27 8 :::34~,'fmm.whicti the'Jaoonleroommon:to said Sections 27 and, 34 bears North 8t3°55'55." ..West; 265.57 faef, s8id point,beirlg. the REAL' ~POtNT 4F BEEtINNINQ; 81ong th8 edit Ilrts Of the. NE'Ja Gf 3aid•t%BGtlCit 34.South Od°•$3'19° West, ~1.31.6.~i8, ieet~fa the southea~ comer crf'tlre IN;gJz !oF~said NE'/,; • 7'henre along ttte.sou#j line~af'said N:% of'the NE'/• North 89°a~5'S8" ~lleat. 2659.Q8 feet to; the souUieast comer ofd N'Ja:ef:the~ NE'/; Thence along the west line of'ssid N'h:ofthe NE %l' North .00°44'17' East,1323:35~ fe8t to;tt-~ J +aorner comrrfan to.said Ssctions~ 34 and 27; Thence along the west Me of the. SE'/s.of t~(d~ Section 27 NattJt t]0°29'08° East, ~4.ti1 feat la:tltti .sduthe~t comer of Lot 7. Bieck ~ of. ~ck~ Cat F_stah~s No. 2 Subdivision, ea same Is Fecor~ed !n tiCdk 32' of plats at Paige 1945. r~er~rds of Ada: County Idaho; '. ~ Ther-ce aloes tFie. east line ~ mid lot 7 North 1)0°20'12' East, ti,60a0: feet tQ the northeast comer of saiti.Blactc Cat Fates fyo, Z Subdivisbn; Thence along the~north line~of ssabd Black Cat Estates No. 2 3ubdivisiarti, North tt8°47'29"•West;1281'.91~feet; Ttterice North 12°47'25' West,~24$.21 test; ' Thence North 88°i ~'44A West, 896.71 feet; ~ ~ naatjpy~, ~ r ~I•~ Theta ,North 60°.~i1'04° West. t~.06 feet; .dtl(r • U •<,• . MEI{fOFAN•P.uBl1r+ Therlc~ North 34°24'48" bleat, 79:64 feet:' ovD~~cs 4spr Ttienoe North 19°35'04'~West; 111.55 feet; . ~ ~ ~ Thence North 89°34'24' West, 281.82 feet to a point on the West Ilne of's~aki Seaton . 27; . Thence along sold line Nortti p0°31'4fl° East, 877.06 feet tq 3iei.:VVest ~1/4 comer of said Section 27; Thence aion,Q~the.EsSt W~t.mid•secfJen:l~etif said Sert5on~27~~outh 89°19'43"'East. 2549.84 feat•tb'the.Center.ot''~iciS+~ctian ~7.;f~... 40a0214000I pte.desdoe Exhibit C -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 ,~: .. y •'.`.TheROe South $9°~20',3.$TM fast, 2fi50.99.feet to the East 1/4 ci2rrrer ot'said ~Seciion ~7; TFuance Sautli~ OQ°27'48" Wssi, 264q.:37 feet to the PUlN7 ~F 4~EGIMMING. ConEafril~g 312.87 acres, more or legs.. ., .; ,!. ~~ '~. ~~. . .~. _>' 'F~ Exhibit C -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF NOVEMBER 9, 2005 ~~+~• {~~ 80b5 is:6aflM~.,,~n~Sneering. SaIulCi:oYt~ ,..,~qg pie Li84•i ' ... .. , jv . 1 r June.21, 2005 PROPQ8ED l.•O. ZOA1E ~..: Vd~'f+ERRA'SUgpIVlBtt~N `~~~,:. Parcels•of~lend looted in the NB'/. of the NE'/, of S+sr~ion'~q and'the SE "/ of the gE of Secgon 27; T::~N,..R. 1 W., R.M.. Ada County. Idaho, rnoro particUtcNyrtescdbed ee follows: PARCEL. ,A • A paancel•of lend Ioc~ted• in tea NE'/. at the•NE !i pf saki ge~gon ~4, ~ Ra~at~y :deacribed.es.folbvrs: Carntnancing et the oomer camrncm tct~S~tons•26, 35"and the .said Bastions 27 8.34,. hom whtirh the'ti comer common to said SecBoc~s 27 end 34•bsars•~Idoeth i38°55'55° West, 2854.57 ~et..thence.elong tt,®east line d seid'Eaatian 34 ~utJt•00"53~'i8"' West, 920.351!eed bu'the i~Al. PO1N't' OR BEt3lNNMI©; Theftce ,conBnUtng•alang.safd east Aria Soyth GO°53'19" West; 31Db.23 feet to fife southeast vom~sr;of~the •N6. % of the N6 °.G of said: Sermon 34: feed 'The~e'along'the south IIn®oi setd Nir;y/ ofifie NE'! North 89°08'58' •Wc~ ~182.t58' 4;.:. Thanc®•North ~°52'08° Fit:403.38 feet to a paint on a :autos; . Thence li0.48 feet atone fltifl arc of a: nai-: tint a~n~.t~• the fsfG~~ said: curie having e radius of 500.00 feet. a dei~•rsiigle~of 10"22`D6':'and a long chord tn~rbtg Sough 83'•66'02A Feet, 90.313 fast b a point bf tangency: ... ••: Thtanea:Sauth 89°OB'tJ5" East. 892:73 fe9t 'lo the POINT OF~ BIC~INNING:. Carttelning fp1ARCt8L•t3 ~.: A part~I of land located to the 9E• Y.•of: SE'A of field 8~tbri ~7, rrrore •perttCUla~ty described as (oltoa~: • Convnencl~ at'the•cornercomrnon to Seaiona 28,.36,.+snd~the•~Id ;Sectibne 27 8 34, tram whic[i:tAe'/. comer cmrimtin 1~o•~ea[d Sections 27 end 34 buaana Nortlh.88°88'tS5" W~~ 2854:57 Wit: •¢b~als.along the sauti~ Ilr~s of said n 27 North BB°5f:-55" West, :3®1.32 ~t~t t't~`ttti•IIiEAL potNyr o~ ~®iNN~Nq ~®iiae•c~nti!~!ting along mid south line North 88°55'136"~1We8t.92il,ltBf~t; Tbence!\Iorth:Q1°:05't0" East, 841.20 feet4 .. ' ~~ Exhibit C -Page 3 CITY OF MERIDIAN PLANNINd DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 •n~~ ;OC. EaCS lOiSaflM_ .Engineer3n6 8olu'tios-s -~ .208 ..998 4847, ~-,. @•:4 ' ~ Thonce North +14,°.47'17" East; 83.28:fieet; 7hence'North 52°b6'27"'~East,.488:72 feed. Thence North 83°01'18" t~sl, 62.SO f~#; .?fiance North 7b°18'i0" Er~et,•{4;~ feed. Tft+snca North 82°2~'t~? Eaet..62.00~fer~ Th~rico South 89`8'92" Feat, 609.47Yee~t to a pnJnt on the seat 16~e•ot.'I,hs-.SE'l. of 8~id'St.2?; Th8[uoe slang Bald seat Iine Sau4~•:t?6°27'48° West; 351.0 feei~ Thence North $9°38'92° W~t° 48S 14::feet to a point of cyrv$tuuQ; -Y'Iter~ce 823.40• ~t alon8 the arc of a curve ~ tfie tuft', said cun~ hevi~ a' nadtus of 400.00 feet; ~ delr~•ang}e of 88°17'44". and a long chord hearing South 45°+42'58" Weet;~ 562.20 feet to a' {~olnt of tan~irtly; . :°. Truer,ce'South at °04'04° v+ie~t, a~.73 hest tc fire Potl+~r c~'t'~tatlvnnivca. ~ ~orrtatntng ;11.88 acres, more or leas. Exhibit C -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 nus Q5' ga05!.1Ds•6BRM~_. En~ineeri-,g Solutions ~.. ^ _.,._.... ... . . ct78 888 [5841 P•8 • ` i .'a'~ r. ' June 21; 2D06 .. -. PROPOSED R-4 ZOFIE • VdLTERRA SUl3DltiiiSl!CiN A-~rce] of land located•lri the N h of the NE'/. of Ss~lion 3q and the g "r~ o(S~sction 2.7.'T..4N,..: F't.•'1 W.,:B.M.:'Ada. Gaunty. ldntlo. more parttcutarly descrthed as .fcl~ows: •Commendn9 at the'corner. ramnlon. ta~Sedbne 26, 38. and the.said; Sec.ttons'27 & 34, from Y-+htch th®% coin®r cornrnon to safd•Sactiana 27 end 34 tiear~s•N~th 88°55'56° West. 2854:67 feet, thehtaa along• the south une•of mid Sectleon 27 North B8°5S'S5' West,. 681,32 1a the REAL: POiR1T' Of QI:C31NNiNG; lThenoe Srwth 01 °04'04' West. 42'1,51.s=eat to a paint of q~ntBtUVg; 'Thence• 8@8.40 teat abng the.arc of a cure®to ttre•lefl, curios hevfig a radius of 50p.001~et, e..dalta-angle of`T9t°48'04°. end a tot~;~rhard bearingSOuth 3t3°49'S7",L~as1, Gb41,48'teet Uo-'e pvhtti • Thence South 00°52'08' yllest,,4pg;38fe~to8:potnton thesouth lute ofthe N ~ ot.~ the. NE /. of seb F~ectbn 3d; . ~, ~'TFianc+e siori~ said south tine North 89°05'58' W.est..216$:~60 feet ~ #j~s, southeest~ramsr•of Bald N ~G.oft~he NE'/.: •Thence~ .~lortg the•wstit tine of setd N Y~ Qf,tha• NE'/.' IVorifi ~°44'77' Eeat; 7323.35 . feettp the. j!•~comer oomrrson tp said Sedton8 3t} and 2'f'; .. :,:. ~~' Thitnde along ftte tv~t line•oittte Sl~.*l of aa~ Sectlon.27 Nottft•,Otl!°7,f!'0!~' 644,81 teat trb the southeast , ofLot•7, Bloclt2'of Stack Cat Eateie~t+lo. 2 5ubdivteiori; aa®ame is•teooniet! to Book 32 of plats at Page 1845. records of Ada ~ourity, Idaho; Then~•elong the east Ilea ofsatd Lot 7 lVorth.00°20'12° Eaait, 1360.00 fset•b~the northeast oitrner•.of said Black Cat Estates iVo:'2 Subdh4eton; • Thenoe along the, north Ilne of said Black Caf Eetet~ No: 2'Subdtvlsicn, North 89° 17'28'.''•Vyes#;1281.81 feet; 'Tttenos-Notth 12°47'25' weak aae.21 feat; ;:.::~ • • •7tiern~ North 88°10'44"• W~ 898,71 feaf~ .' :.. ~ • . ~ Thence North 50`~i1 °04"•• West;• 89:•06'fee>; - '~noe JVi1rtl134°20'48" Wit, •79.64• teat; . • ~ncs North 1 t3°38'01'•Vl/eat, 1•T 1.t35 feel; ,144D~'J.40~02=R4.daa-dam Exhibit C -Page 5 CITY OF MERIDIAN PLANNING AEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 flog, 06.`•~.~Fl 1Qi5QFlH Engsnee~ritfg Si/3uti•ens .; ~ • ' '" ~- 209 931) 0842 p,•4 Thence IVtlrth 88°344° West,. 281.92~f~eFtQ a ppiM an It1e virefat Ntle~afthe•t3~~&•of sold Sracdati 27; . . ••,,,•~ aP~ettl 8 t a~f Secdot~ 7;w~ Jtne Narth 0o°Sy'40" mat, ~Tr:OB fit. tc the northwest aame~r `Thence alQrtp 'tile north' boundary •af satd'8 i4 of t3ertton 27 South 89°19'48° Est, 2449.84 feet W the' Cetlter'% comer of Geld ~8ectlnn 27; . :~ • Thent~e t~rlttnuhtg li~td north baatfdary sauttf 89°20'38° Eeist. 2680:99 feet to the itortFler~t Cotner of.eerd •5'h of 8ectlori 27; Thence along the ~~at~nfa of aald.$."~fs of5ectlon 2r'.:t3cuth 00"1'48° West. 'J367.61 feet; ~'~ ~.• .. •Thsnre_~lnrth 88°38'9x• West; Bd8.47 r®et•, 7heriae South 82°23'09" West, 62.OQ feed The>tice.South •.7.5°•1$'.1D" W~ t34.$8 t1~e~ Th~1me 3cwth BS°01'18" Wash. 82.80 test; 'TFiance South 52°55'27°• West; +F86.T2.fcet; 'fience•Sauth 44°4~'17"•dVteat, 83.2'8 feet{ Theh~.south••01°06'90' West, 841.20 fset•ta a porn; an the.sot~tlt tine~aP•~tf$ S Y~ of saki Sec4iort•27; . . Theitca aloes s~W south line South 88°66,'66° Eaat. 324,88, feet to th® PClAIT• OF B8©iNNINti. Contalnlftg 251331 acres, mole or less. . 41~i fiy~gpa.It4.dogdae Exhibit C -Page ti CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIh1G DATE OF NOVEMBER 9, 2005 ' •''9ug';DS 2'005 1'be..60FIM,,,, En~inaerl~n~ ~S:Plutiorfs ..,, 208 93B 09,41._... ._ ... p.s ;, r.• . L . June 21, 21NJ5 . valrl~ltaa su.>a~nm~laN ~A pertcel:cf•1and.facated In t1te,.NE'•% afthe NE ``/.•gf•S~ctlon 34:end the SE'/ of tFte• SE ~. Qf.S~[attpd 27, T. 4N.. R. A W:, B.AA„ Ada•County. ld8ho, nr~re particarlarty describ®d ib0t~w$:' ' CQfrimeric~ng at tAe ~mercommors to $ect~ns 28~ 36. and the sslti $ac~ns ~Z7.~ 8•. 34, frcuvr wli{oh the V. comer common to.satd'Ssdio7rs27end 34 beare:North 88°65'5" • West, ZB64.5:r"';~et;, eafd Poart bed tFte REAC. POINT tIF BEQ1NNiN®; Tfrerrce•alanQ th8 east Ilne of the IVE % of geld Ssctlon 34 Soutli X1°63•+79" West, 9205 feet; . Thence North $9°00'05° IAIe~; 3t~:73 feet t4. ~ point of cunreturs; Thence :788:88•feet along•tltie arc of a curve b•the right; eaid curve having a radius of 500A0 tleet,~a delta a{igle of t40°14'10'; grtd.a long chord beeirin8 Nortfi 44°41'41' Went, '708.1$.feet'~, a poil~ o#tangencY: • Tl~anca 1Vortjr 01°04'44`• East, !4w2'I.51 feet io a ~~ on llie• rrortfi Nne of saki NE ~. of S 34; Thence aontinuing t+br~ 01 °04'p4` Eeet,, 498.7'3-f®et ~ a point of s~rvature; Thsrtce 823.40 fast aka! fhe arc aF a• cvnre fo the right: said curve havln~g a nridlus, df ~.Oll ry delta angle of 88°17'44"~ •and.a •tong chord t~rtng North 45°42'58° East, .15~Z.20 lp~t to.a point aF tangency; .. • = . Thent~ South 89°38'12' East. 488.14 feet 1o a, point on the egsst urea of•th$ SE •l..of. field n •27: . "Thence al~g aeld east Ilne~South 04°27'48° West. 605.74 fe+at_#o the F°OINT OF BEiGINNIIN~+. CnntaUing 3S:'11i a~ores. more br.k~. . . Exhibit C - Fage 7 -- (~~ ~~ CIbDa lb~ 31~b'16 ~ 'N N ------ - - -• _,. _. - ._.. ~ ~ fl0'~i'4fl'E 170 _._ ,.~-- ~ .~ r~i = .p - _..a m'4 __ 873:06' _- N - .-. ~', 'J *~. 1 , Np I •~. ~~~ I ~~ ~~ ~~.4~ ~~ ~ ~g~~ I u`~`' ~' ~i ~ O ~' ; ~ ~ ~ffi :~ C7 ^p "t" i ~ ~~' ~Q~~~ vW c~.."` Flo I -a r_ ~ 'Ig i ~~ ~ ~ _~ ~ ~ ~ 1 F ~~w~ ~1 I I~ N F~ tJf 54,», vl yN>~ ( Q ~.r'_~ t3N~ ~1 M~bt~ ml'O ~/ t`J~~ ~ 6 T 4 Q I I ~! S~ of I ~ 1 ~ ~ 1`+ D i •~ F I 9 1 ~ , 1~ r I F ti Off44.17'E I k 00'29'09`E H O[S2p'12"~~. r7 f32J.35: _.•~."••-•~_ •_644.81'+ 560.fl0' -ZT~_~_~ lam \ I ~I 1 I~ F Q)I F ~~ I m~ r ~~ ~1 ; Iz N' ~~,.~~ ~ ~i ~ ~ I ~~ ~ !~ ~ ~ ~~~ _ __ s a F s oraa~io^~ -,. g,~ I ~a N 84ran' .... ~a ~, H Fm ¢ cn ~~ 1 421SS . ~ 499.7 " '~•• '' .z~ N I,S _i~°57A9"Pl: ~ O.-A m ~I~ ~ ss~+ ~~ F aQ3 N N ~,. cn ~ fz 1 ~F~ t 1 N e-- -- -_.--_- - - r ~ ~ oboa 3iiw N3.1. •N a~ nl °D z Z p ~ g ~ ~ ~'OLT$13RA SUBDIYI9fON EW ~pit~~H~~ppF~~EAA't~~Npp~ ""~ ~.nrarui:e r cavracr rs o~ ran ~V+.V/IYIN7 c~ a amniia ana X $ .~~' .ANNIXA1iUhl8PROPOuEOZON~ ua ~a`~ea nem ~m °'i' 9' a ab T.aL M~.. °3R 19 eY.a°~°~~H~ ° b~~~ s~.~ 1~w9 a1Fia° a ~4wu ~ ~ pYpp eme rov 1m~m watti~w 1a4 fAY°k dW °r [ab d O°B °FOa1 ~i'~7' iw°initTi'~: ~r fn j~ ~~tt31 ~a 11~a9 t!' ! ~ February 24, 2006 MERIDIAN CITY COUNCIL MEETING February 28, 200b APPLICANT ITEM NO. ~ S REQUEST Executive Session per Idaho State Code 67-2345(1)© 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: Date: Phone: Emailed: Staff Initials: Materials presented gat public meetings shall dome P~A~~Y of the City of Meridian.