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HomeMy WebLinkAbout2006-02-21Revised 2-17-06 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 21, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "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. " 1. Roll-call Attendance: X Shaun Wardle X Joe Borton X ~ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Alex Blazek with Boy Scout Troup 462 3. Community Invocation by Pastor Fred Thompson with Meridian Assembly of God: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of February 7, 2006 City Council Regular Meeting: Approve B. Approve New Beer License for Pier 49 Piua by MD Pizxa, L.L.C. at 3665 E. Overland Road: Approve C.. Approve New Beer License Jacksons Food Stores No. 105 by Jacksons Food Stores at 3281 E. Pine Avenue: Approve D. Addendum to Development Agreement: MI 04-016 Request for a Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: Approve E. Chan4e Order No. 2 for the Centrate Tank Construction: Approve Meridian City Council Meeting Agenda -February 21, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acxommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888433 at least 48 hours prior to the public meeting. Revised Z-17-06 F. Change Order No.1 for the ~xoansion of We1120: Approve G. Award of Bid to Iron Creek, LLC DBA Metcalf Landscape Contractors for Landscape Maintenance Services: Approve 6. Department Reports: A. Public Works Department -Brad Watson 1. Water Division Building Project Update: Ok 2. Well No. 17 -Rehab Line Adjustment: Approve 7. Items Moved from Consent Agenda: Nothing 8. Request by Idaho Youth Ranch to Waive Fees for a Landscape Ordinance Variance Request: Deny Request to Waive Application Fees 9. FP 06-003 Request for Final Plat approval for 45 single-family residential building lots and 1 common lot on 14.75 acres in a R-8 zone for Paramount Subdivision No. 12 by Paramount Development, Inc. -east of North Linder Road and north of McMillan Road: Table to March 7, 2006 Meeting 10. MFP 06-001 Request to modify the approved fencing and to remove gravel edge along North Ten Mile Road to allow for landscaping for Silverleaf Subdivision No. 1 5z 2 by Liberty Development, Inc. - 6040 North Ten Mile Road: Approve 11. Continued Public Hearing from February 14, 2006: Idaho Community Development Block Grant -Meridian Senior Citizen Center Phase 2: Close Public Hearing and Proceed with Grant Process Sz Application^ 12. Continued Public Hearing from February 7, 2006: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone #or adie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: Approve as Amended Findings of Fact and Conclusions of Law 13. Continued Public Hearing from February 7, 2006: PP 05-053 Request #or Preliminary. Plat approval of 24 commercial building lots 15.33 acres in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: Approve as Amended Findings of Fact and Conclusions of Law Meridian City Council Meeting Agenda -February 21, 2t}t~ Page 2 of 4 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. Revised 2-17-06 14. Continued Public Hearing from February 7, 2006: CUP 05-049 Request for a conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: Approve as Amended Findings of Fact and Conclusions of Law 15. Continued Public Hearing from February 7, 2006: VAR 05-022 Request for Variance to Allow a Vehicular Access Point to Eagle Road / SH55 for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: Deny Request 16. Continued Public Hearing from February 7, 2006: VAR 05-027 Request for a Variance to UDC 11-3. H requirements for access to State Highway 69 for Meridian Gateway by White-Leasure Development Company - 1601 South Meridian Road: Continue Public Hearing to March 7, 2006 Meeting 17. Public Hearing: AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridae Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: PP 05-048 Request for Preliminary Plat approval of 255 building lots and 26 other lots on 91.085 acres in a proposed R-4 zone for Reflection Rid4e Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: CUP 05-046 Request for a Conditional Use Permit for a Planned Development for 255 single family residential dwelling units with reductions to minimum lot sizes, frontage and setbacks. Also, the applicant is requesting a waiver of the standard block length in a proposed R-4 zone for Reflection Rid4e Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: AZ 05-053 Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 North Meridian Road: Approve Findings of Fact and Conclusions of Law for Approval 21. Public Hearing: PP 05-055 Request for Preliminary Plat approval of 24 building lots and 3 common lots on 5.87 acres in a proposed R-8 zone for Meridian City Council Meeting Agenda -February 21, 2006 Page 3 of 4 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. Revised 2-17-06 Windham Place Subdivision by Eagle Springs investments, LLC -2640 North Meridian Road: Approve Findings of Fact and Conclusions of Law for Approval as Amended 22. Public Hearing: AZ 05-058 Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian High School Ball Field and Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: Approve Findings of Fact and Conclusions of Law for Approval 23. Public Hearing: CUP 05-053 Request for Conditional Use Permit for ball field lighting adjoining a residential district for Meridian Hi4h School Ball Field 8< Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: Approve Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: VAR 06-003 Request for a Variance to UDC 11-3A-11C for exposed light bulbs for athletic field lights for Meridian High School Ball Fields by Hummel Architects - 1900 West Pine Avenue: Approve Findings of Fact and Conclusions of Law for Approval 25. Executive Session as per Idaho Sta#e 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): Omit /Delete Adjourned at 10:37 PM Meridian City Council Meeting Agenda -February 21, 2006 Page 4 of 4 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 21, 2006 The regular meeting of the Meridian City Council was called to order at 7:16 P.M., Tuesday, February 21, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Kenny Bowers, Brad Watson, Rick Clinton, Bill Johnson,. 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 the City Council regular meeting to order. Thank you for joining us this evening. It is 7:15 or 7:20. I didn't -- I don't have my glasses on. I won't tell my joke. We will start with the roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led by Alex Blasic and he is with Troop 462. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Fred Thompson with Meridian Assembly of God: De Weerd: Thank you. Alex. And I would like to present a pin to you This is for leading us tonight in the pledge. Thank invocation. Tonight we will be led by Assembly of God. If you will all join us in you. Okay. Item No. 3 is our community Pastor Fred Thompson with the Meridian the community invocation or take this as an opportunity for a moment of silence. Pastor. Thompson: Let's bow in prayer. Heavenly Father, we come before you tonight to ask that you honor this time by granting our Council members the wisdom to deliberate and decide how best to respond to issues before them. We pray that you would grant them each clarity of thought, knowledge and insight as they do the work of this great city. Thank you for the people you have placed on this Council to lead us. May their eye be single and their heart true. Let integrity reign. May personal agendas be set aside and the best interest of the citizens of Meridian be paramount, for we know that this is pleasing to you and will receive your blessing. In Jesus name we pray, amen. Meridian City Council February 21, 2006 Page 2 of 69 Item 4: Adoption of the Agenda: De Weerd: Pastor, thank you for joining us tonight and we appreciate your first time here. I'd like to also present a pin to you. Hope to see you back. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a couple of items, which are on the regular agenda, which we will get to when we come to them, but Item 9, FP 06-003, has been asked to be tabled and Item No. 16, VAR 05-027, has asked to be -- it's a Public Hearing that needs to be continued to March 7th, which we will do. And also Item No. 25 an Executive Session has per 67- 2345(1)(c) has been taken care of in the early session, so we will delete that from the agenda. And with that, Mayor, I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the adoption of the agenda with the changes as stated. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 7, 2006 City Council Regular Meeting: B. Approve New Beer License for Pier 49 Pizza by MD Pizza, L.L.C. at 3665 E. Overland Road: C. Approve New Beer License Jacksons Food Stores No. 105 by Jacksons Food Stores at 3291 E. Pine Avenue: D. Addendum to Development Agreement: MI 04-016 Request for a Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: E. Chance Order No. 2 for the Centrate Tank Construction: F. Change Order No. 1 for the Expansion of Well 20: Meridian City Council February 21, 2006 Page 3 of 69 G. Award of Bid to Iron Creek, LLC DBA Metcalf Landscape Contractors for Landscape Maintenance Services: De Weerd: Okay. Item No. 5. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no discussion, Mr. Berg, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works Department -Brad Watson 1. Water Division Building Project Update: De Weerd: Thank you. Okay. Under department reports we have a report from our Public Works Department. Brad. Watson: Thank you, Madam Mayor, Members of the Council. I don't want to take a whole lot of your time, but we thought it might be a good idea to update you on the status of this project and show you what we have got. We have been working with BRF Architects over the last four to six months to get a design done. You authorized that contract in October of last fall. Our superintendent Rick Clinton is also here and he's been much more involved in the design of this than I have, so if there is any technical questions, he might be able to jump in and help me out. Just to let you know, we did have a neighborhood meeting on January 9th right here in these chambers. We had one person show up at the direction of his father and he was just concerned about one fairly minor issue. Other than that, we have nobody show up or subsequently call that I know of. In your packet there should be copies of a site plan, some elevations, and a landscape plan. The main benefit of what we have eventually landed on is that there won't be any relocation of the water staff during the construction of this. It's built just north of the existing building and they can continue to operate out of that until the new building is functional. We anticipate submitting the application for certificate of zoning compliance this week, advertise for bids in March, and begin construction in late April or Meridian City Council ~ • February 21, 2006 Page 4 of 69 early May, if what you see here is in line with what you think this project would turn out to be. So, again, I don't want to belabor it, but I thought I would bring this to you and let you have a look before we get going. De Weerd: Okay. Council, questions for staff? Bird: It looks like what we approved. Go for it. De Weerd: It looks good. Rountree: Do we need a motion to -- it's part of the budget? Watson: Yes, it is. All right. We will get going, then. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Brad, do you want to update us on -- are you going to talk about some budget adjustments for Well 17 in terms of that line item in the budget? Watson: Sure. I could give you a little brief update on that. The e-mail that we got from our hydro geologist was about four or five pages long, so trying to distill that into a very brief update is a little difficult. Long story short, Well 17 located on Locust Grove Road about a half mile south of Overland, experienced some problems in December that we had never seen before. I was just telling Councilman Rountree the bentonite seal was coming up out of the floor in the pump house. We finally got the final analysis today, this morning, and the well is just shot, basically. It has a lot of issues. The casing is corroded. The screen at the very bottom is corroded and it's breached. It's a bad thing. We have some money for well rehabilitation, but I will be coming to you next week for a line item transfer to pay for that rehabilitation of that well. Is that in line with -- there is so much more to it, but -- Rountree: We have to rehab a well significantly and it needs to come online for spring - - demands. So, we have to act fairly readily because of limited supplies and special orders that will have to be placed for it, so -- Watson: Right. It is a bit of a rush project just to get it up and running for the summer. It's going to be a very expensive rehab. De Weerd: Okay. Rountree: Do you want to -- I guess a question for Council. Do you want to wait until next week for a line item adjustment? The line item in the budget is for 100,000 dollars • Meridian City Council February 21, 2006 Page 5 of 69 for well rehabilitation. However, in the budget it wasn't generic, it was specifically identified for Bear Creek well and what they want to do is just make the rehabilitation item in the budget generic be applicable for this particular well rehab, which will consume pretty much all of what's in the budget for well rehabilitation this year. Watson: And it's even beyond that, Councilmember Rountree. The total rehab costs are about 160,000 estimated right now. We have a hundred in that particular line item. I think we have identified another line item that we can transfer to, but I don't have anything in writing. I don't have the code numbers right in front of me tonight, but I guess if you agree in principle to that, then, I will get a very detailed request to you for next Tuesday. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Question for Councilman Rountree or Brad. The pipe that we are going to sleeve it with, is that a long lead item? Do we need to get that ordered right away? Watson: Yes. I need to get it ordered right away or the contractor does. There is a short supply of this particular size and type. I can't remember what state it's coming out of, but yes. Bird: If Councilman Rountree -- a follow up, Madam Mayor? De Weerd: Yes. Bird: If Councilman Rountree is comfortable with it, I would -- here is one person that I'd like to see it get ordered, so it's here, because we don't want the well down any longer than we need to have it. Watson: Okay. Thank you. De Weerd: Council, I guess what we could ask is that you go ahead and make the 100,000 dollars generic. He can do any emergency -- anything that needs to be done immediately out of that and come back with all of the numbers that you will need for anything over and above that. Rountree: That would be my preference. De Weerd: Okay. Then I would need a motion for the 100,000. Rountree: Madam Mayor, I move that we adjust the Public Works budget to identify the well rehab line item to go towards rehabilitation of Well No. 17. Bird: Second. Meridian City Council February 21, 2006 Page 6 of 69 De Weerd: Okay. The motion is as stated. Is there any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda. Item 8: Request by Idaho Youth Ranch to Waive Fees for a Landscape Ordinance Variance Request: De Weerd: We will move to Item No. 8. Anna, is this an item that you want to introduce? Canning: Madam Mayor, Members of the Council, this is -- I will let the applicant, who is now coming up, explain more of it, but, basically, it's a request to waive the fees for a variance application. This is the result of an enforcement issue and it is for the Idaho Youth Ranch. De Weerd: Okay. Sir, if you will state your name and address for the record. Beamguard: Jeff Beamguard, 4075 East Driftwood. Meridian, Idaho. De Weerd: Okay. Thank you. Beamguard: I guess this is just a request for a waiver for fees on a landscape ordinance that was unbeknownst to me or the Idaho Youth Ranch due to a removal of some tanks, some underground fuel tanks that were removed last summer, which no permit was required and there was no expansion of the parking lot, no -- from what my understanding is that this somehow triggered a need for a landscape buffer and I don't see how that would trigger a landscape buffer, because the only thing, really, that disappeared was an awning and the underground fuel tanks at 231 Main Street at the thrift store location here in Meridian. De Weerd: Okay. Mr. Nary. Nary: Madam Mayor, I mean the letter is before you with the request, if you want them to include -- all they are asking for right now is just a waiver. So, discussion of the underlying facts are not appropriate, because you're not here in front of them for the waiver itself -- or for the variance itself. You're just here to ask as to why -- the basis they should grant you a waiver of the fee. Meridian City Council February 21, 2006 Page 7 of 69 C J Beamguard: I wasn't aware that that -- that the other hadn't been taken care of either. I was under the assumption that it had. Nary: Yeah. All that's in front of the Council tonight is the consideration of waiving the fee to apply for the variance. Beamguard: Thank you. De Weerd: Okay. Council, I'm sure this is just as clear as day for all of you. Beamguard: If you have got any questions let me know. I don't know what else to say. The whole thing was kind of a surprise and would be a burden. There was considerable out-of-pocket fees for the removal of those tanks, which just removing the source of those things was a good thing for the City of Meridian, I can tell you. We had some leaks there. When we inherited that -- when we bought that building we inherited the tanks and they were leaking for a long time. Bird: Madam Mayor? De Weerd: Yes. Bird: May I -- Anna, what are we talking about in dollars? Canning: Six hundred and forty-five, I think. Bird: I will give you -- Madam Mayor, if I could? De Weerd: Yes, Keith. Bird: The Idaho Youth Ranch is -- does a lot of very nice things for the community and, especially, the youth. This is just a very small part of it, the Meridian one. They have stores alt over and they also -- if I remember, I think it's Jerome where they have the ranch. Beamguard: Rupert. Bird: Rupert. Have the youth ranch. I feel deeply about it. If we don't -- if we don't waive it, I would personally pay for it myself, so -- I think that -- I think that it's well worth the effort to -- and it was a surprise to them, so that's my view. Beamguard: Thank you, Councilman Bird. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council • February 21, 2006 Page 8 of 69 Borton: The materials provided talk about the expense of the buffer itself and complying with the landscape ordinance and it makes reference to dipping into reserves to pay the fee of 650? 645? 650. Is that the figure you're making reference to is being difficult to dip into the reserves to -- Beamguard: When I was first made aware of this -- made aware of it, it was the cost of the buffer and I ran some simple numbers on what it would take to, you know, dig up all the asphalt, all the sprinkling system, and the landscape involved. That was considerable as well. This is just a part of that, from what I understand. It's just -- this came to me after the fact, the waiver, as a part of a bigger picture. Bird: Madam Mayor? Let me be clear. What are you asking to waive, 650? Beamguard: Tonight is just for the waiver, sir. Bird: If it was the whole thing, I might have -- De Weerd: We have you on public record with a certain statement. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just to clarify, Council. All that's in front of you tonight is the request to waive the fee. If you -- only the Council can grant that direction to the staff and grant that waiver. If you do that, you will see this again in the actual request for the variance itself. The staff will prepare a report, there will be a hearing, a noticed up hearing for that. So, you will see this again. All we are here on is just the fee itself. Bird: Okay. Thanks, Bill. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Beings that we are going to see this again and in light of the letter and the expense and it sounds like the analysis is done on the cost to actually comply with the ordinance, from my perspective I'm not -- I wouldn't be willing at this point, from what I have seen, to waive this fee, which is much less than what I think they expected to talk about today. Knowing good and well there is going to be a much greater discussion in detail, perhaps, when we revisit the issue about the actual expense to comply with the ordinance and a variance request at this point, so there is time and expense to staff to review these, that I would decline to waive the fee itself. De Weerd: Okay. Council, any other questions for the applicant or further information needed from the applicant or staff? Meridian City Council February 21, 2006 Page 9 of 69 Rountree: I have none. De Weerd: Okay. Okay. Thank you, sir. Rountree: Do we need to make a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. C Borton: I move that we deny the request by the Idaho Youth Ranch to waive fees for the landscape ordinance variance request. Rountree: Second. De Weerd: Okay. I have a motion to deny the request on Item No. 8. Any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Before voting on the issue, I guess my statement would be for myself and we look at our city ordinances and we look at the fees put in place and we have a group asking for relief from that fee, my question would be would we consider that waiver for other groups of similar type and people that do similar things in our community and so that's what I'm really considering in this motion and respect Mr. Bird's offer and certainly his sentiment. Thank you. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, nay; Borton, yea. De Weerd: Well, Mr. Bird, I think you have a great offer and it looks like you might have to get your checkbook out. I will break the tie in support of the motion, because it's a precedence that I can't see that there can be a separation from one to the next and we have to have that fair and equity and so with that I vote with the motion. Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 9: FP 06-003 Request for Final Plat approval for 45 single-family residential building lots and 1 common lot on 14.75 acres in a R-8 zone for Paramount Subdivision No. 12 by Paramount Development, Inc. -east of North Linder Road and north of McMillan Road: De Weerd: Okay. Item No. 9 has been requested to be continued. Meridian City Council February 21, 2006 Page 10 of 69 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table FP 06-003 to March 7th, 2006. Rountree: Second. • De Weerd: Okay. The motion is to continue Item 9 to March 7th, 2006. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: MFP 06-001 Request to modify the approved fencing and to remove gravel edge along North Ten Mile Road to allow for landscaping for Silverleaf Subdivision No. 1 & 2 by Liberty Development, Inc. - 6040 North Ten Mile Road: De Weerd: Item 10 is MFP 06-001. I will start with staff comments Canning: Madam Mayor, Members of the Council, this is a modification to an approved final plat before you tonight. I don't know that we have worded them this way before. What this is is the Silverleaf Subdivision Nos. 1 and 2, the final plats have already come to you, they had a landscape plan associated with them, and now the developer is asking to have that landscape plan that was approved with the final plat modified. This is the first one. You can see the color coding. Everything that they have proposed is consistent with the provisions of the UDC, it's just that it's not what was exactly shown on their approved landscape plan. The pink areas they are proposing a six foot cedar instead of a five foot solid vinyl. The yellow area they are proposing a four foot solid vinyl, instead of a five foot solid. The blue areas, which are -- the blue area they are proposing a four foot solid vinyl, instead of a four foot iron. And the brown is a six foot solid vinyl, instead of a five foot solid vinyl. So, that's one of the subdivisions. Here is the other one. They want to make use of the existing solid cedar fence placed by the Lochsa Falls development, instead of replacing it with a different fence or putting a dual fence. So, staff is recommending approval. It just needs to come before Council, because it's not exactly what was approved with the previous final plats. De Weerd: Okay. Thank you, Anna. Any questions for staff? Bird: I have none. De Weerd: Okay. Would the applicant have any additional comments? Council, what would you like to do on Item No. 10? Gorton: Madam Mayor? Meridian City Council February 21, 2006 Page 11 of 69 De Weerd: Mr. Borton. Borton: I move we approve MFP 06-001, request to modify the approved fencing in Silverleaf Subdivision 1 and 2. Bird: Second. De Weerd: Okay. The motion is to approve Item 10. 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. Item 11: Continued Public Hearing from February 14, 2006: Idaho Community Development Block Grant -Meridian Senior Citizen Center Phase 2: De Weerd: Thank you. Item 11 was continued from February 14th for the Idaho Community Development Block Grant, regarding the Meridian Senior Center, phase two. Mr. Berg. Berg: Thank you, Madam Mayor, Members of the Council. This is just continued for any written testimony that we received and it's time to close this hearing and so we can get on with the application. De Weerd: Okay. Mr. Berg, any official motions needed to move forward with this? Berg: Close the hearing. De Weerd: It would be to close the Public Hearing and approve the -- moving forward with the grant application. Okay. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No. 11, the Idaho Community Block Grant for the Meridian Senior Center and -- can I do it in one motion? And that we move forward with the grant application process. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 11 and approve moving forward with the next phase of the community block grant. If there is no discussion, I will ask Mr. Berg to call roll. Meridian City Council February 21, 2006 Page 12 of 69 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from February 7, 2006: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: Item 13: Continued Public Hearing from February 7, 2006: PP 05-053 Request for Preliminary Plat approval of 24 commercial building lots 15.33 acres in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: Item 14: Continued Public Hearing from February 7, 2006: CUP 05-049 Request for a conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: De Weerd: Okay. The next item is 12, 13, 14, and 15, are continued public hearings on AZ 05-052, PP 05-053, CUP 05-049, and VAR 05-022. I will open these four public hearings with staff comments. Canning: Madam Mayor, Members of the Council, I believe that the variance application we could all actually wait on. If you'd like to discuss that one separately we could. I didn't know -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I need to get clear with counsel on when I need to recuse myself. De Weerd: Okay. Okay. Council, for the record I will only open the -- Items 12, 13, and 14. We will have a separate discussion on VAR 05-022, separate from these other three. So, with that I will open with staff comments. Canning: Okay. Madam Mayor, Members of the Council, this is the Sadie Creek Promenade project and it's located at the southwest corner of Ustick and Eagle. The highlighted -- or the blue highlighted area shown there. It is an application for annexation and zoning of a portion of the property and that which is currently designated R-1, preliminary plat for the whole property, and conditional use approval for the whole property as required from the original DA that affects the already zoned -- or Meridian City Council February 21, 2006 Page 13 of 69 • portions of the property. And this is the first detailed conditional use approval associated with the original DA for the Kissler annexation project. That DA did require any future use to come through with specific conditional use applications and that's one of the reasons it's before you tonight. This going down a little further into the site. And the vicinity map. Or I mean the aerial photograph. This is the proposed plat. This is the landscape plan. This is a little easier to read. The applicant is proposing approximately 150,282 square feet of commercial or -- and office space of nonresidential and there are ten buildings currently shown. Maybe 11. I might not have counted that one. The site has three access points to Ustick Road. They are proposing on to Eagle and that's the variance application you will consider later. But this one would be a public street coming in here and, then, the internal circulation can serve all of the project. I did want to point out -- I'll let the applicant talk more about the site plan, but I wanted to point out the provisions of a modified development agreement or a new development agreement that staff has recommended with this application. The first one is with regard to phasing. The applicant anticipates phasing the plan to begin with, the commercial lots near Ustick and Eagle and, then, phasing back toward the west. Staff is supportive of that, but recommends that prior to issuance of any CZC that all the landscaping be constructed along the western property boundary and along Ustick Road to the point of the connection with Sadie Creek Avenue, which is this public street connection. The second DA agreement issue is the nonresidential buildings and staff has proposed to limit them to the 150,282 square feet that they have shown here and staff also proposes that no one building could have more than half of that square footage. So, it would limit the maximum size of any single building to a little over 75,000 square feet. The applicants have proposed office buildings on the western boundary and staff thinks that that should be noted in the development agreement and that those be restricted to single story buildings and that those buildings be designed to discourage views and access facing the west. So, facing into the adjoining neighborhood -- residential neighborhood. Also staff is recommending that the hours of operation be limited from 6:00 a.m. to 10:00 p.m. As part of this request for the conditional use, the applicant is requesting that the standard for the separation of those drive-thrus be 240 feet, instead of 300 feet. Staff is not supportive of that request and mostly because we know that these are very conceptual plans when we see them at this level and that as these get developed things change significantly and we didn't feel that -- that 300-foot separation is there, so that you have an opportunity -- or the Planning and Zoning Commission has an opportunity to really review the specific development pattern that's occurring on that property and since we anticipate that this will not be the exact development plan, we would not support that request to reduce that 300 foot standard. Regarding -- excuse me. Regarding uses, Lots 1 and 2 of Block 2 are for office use only and we mentioned that before and just to specify no retail and, then, staff is recommending that all the other lots be limited to the general commercial uses as listed in the UDC. So, anything in the C-G. And, basically, if it required CU approval, it would come back. So, taking the requirement for every building to have conditional use approval, but, instead, relying on the UDC to determine when that -- those buildings should come back. With regard to elevations, you do not have any elevations tonight. The applicant -- or the application does list the proposed building materials and those include stone, brick, stucco, and timber to be accented with Meridian City Council ~ • February 21, 2006 Page 14 of 69 chrome, aluminum, and gloss painted trim. Staff would need to evaluate any elevation under the entryway corridor standards, but we do not have those elevations tonight. The planning commission has recommended approval at their January 5th, 2006, hearing. Tamara Thompson with Landmark Development spoke in favor. No one spoke in opposition, although Bill Knorpp was commenting. Some of that was -- the first one was on traffic on Eagle Road. Steve Grant testified on traffic from the development and transitional uses with landscape. And David Thurston had those same comments regarding traffic and transitional uses. The key issues of discussion by the Commission were the proposed uses on the site. The height of the office building. And, then, the cross-access points to the south of the site. Some of you may remember that the conceptual plan did show a number of cross-access points, so the original concept plan for the annexation of this northern piece of this project also is associated with this piece of property just to the south and it did have several access points noted. So, that was an issue of discussion. You do have findings for approval tonight and I will answer any specific questions you might have. De Weerd: Council, any questions for staff at this point? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, can you give me the -- sort of the thumbnail story of what happened with Bienville to the south and what was originally intended to happen with those access points? Canning: Sure. When -- well, Bienville isn't before you yet, so I guess -- do you want the history of the annexation, the Kissler annexation? Borton: Right. For this. Canning: Okay. When the original Kissler annexation came in, it included this property on the east side of Eagle Road and, then, it included all these properties on the west side. As part of that annexation, staff and Planning and Zoning Commission really wanted to see a conceptual plan and that conceptual plan was developed before it got to the City Council. But not all the property owners could agree on the concept plan and this center property, the one that's now requesting the annexation, dropped out of the concept plan. The concept plan was a very bubble diagram type plan. It didn't show buildings or exact acreages, it showed kind of a transitional use along this area, it showed some high density residential here, some high intensity commercial I think was the word they used there. It was also right at the corner of the -- southeast corner was the high end intensity commercial and, then, a commercial retail with some sort of transitional use on the east boundary. Then, this property was later brought in to that annexation or added to that annexation. It didn't show specific access points, it showed kind of arrows generally in three locations and generally going out toward Eagle Road, but it was very very conceptual and it was pretty much a bubble diagram. Meridian City Council ~ • February 21, 2006 Page 15 of 69 Borton: Okay. De Weerd: Any other questions, Council? Okay. Is the applicant here? If you will, please, state your name and address for the record. Thompson: Sure. Madam Mayor, Members of the Council, my name is Tamara Thompson, I'm with Landmark Development Group, 1882 Toluka Way in Boise. De Weerd: Thank you. Thompson: I have Anna putting up a couple exhibits for us here in a second. As you know, the site is at the southwest corner Eagle and Ustick Roads. We are proposing to develop approximately 15 acres. The site plan that you see -- that Anna showed you is conceptual at this point. We are proposing commercial retail, restaurant, and office uses. An exact mix of that will be dependent upon the market at the time that we go to development and you will see what the exact mix of that is with the final plat. So, this is a preliminary plat at this point. Like Anna said, we have -- for annexation and rezone of approximately 7.7 acres, preliminary parcel map, and Conditional Use Permit of the entire property. We have read the staff report and agree with the conditions as they -- as they go with these sections. Anna, I just have a quick question for you. When you were going through the new development agreement you list hours of operation for 6:00 to 10:00. I'm sorry. If I can ask her a question. Anyway, I have a question about the hours of operation, if that is for the entire site or if that is just the office uses that are adjacent to the residential. We met with the neighbors twice and due to the sensitivity of the existing residential to our west, we have proposed to limit the structures -- everything with -- from the new public road that's going in to the west to be single story, with those entrances oriented away from the west, so they would not be looking with west. And the neighbors have requested that we install a six foot high concrete block wall, which we are agreeable to. Other items is that the evergreen trees along that west property line be eight to nine feet at the time of the planting. And that residential shields be placed on the parking lot lights that are adjacent to that western boundary. And we are agreeable to all of those conditions to mitigate the neighbors' concerns. I do know that most of the neighbors are here to talk -- or that have been active in the project and those certain items I would like added to the conditions of the approval, just, you know, to make sure that they are listed. We have been in contact with the developer to the south that is doing the Bienville project and I had some -- actually, I have these in hard copy, too, that we could just put up on the little elmo thing, too, if that doesn't work on the computer. But I have some exhibits of how we -- the project is going to go together, but, essentially, there is a public road that is going to line up on Ustick that will go north- south and give them access to a signal -- to the new signal that the CentrePoint project is putting in on the -- on the north side for the Kohl's project. So, that traffic signal lines up and that will give the neighbors to the south access to Ustick Road. Without having my exhibits, I guess I'll answer any questions that you may have. Meridian City Council February 21, 2006 Page 16 of 69 Canning: Madam Mayor, Members of the Council, I'm sorry, I had to reboot. It froze. They switched computers and this one seems to not want to work as well. So, it's booting up again right now. De Weerd: Okay. Why don't we pause for a moment, so -- Thompson: Anna, I do have these in hard copy if we want to -- did you want to use the overhead? Canning: If Council would like, it will only take another couple minutes to see if I can get the presentation up. That's, generally, easier to see, but I can start up -- I can't start the elmo until the computer reboots anyway, so -- De Weerd: We can take a few minutes and let the computer get booted. Council -- oh, booted is not right, it is? Rountree: Rebooted. De Weerd: Rebooted. Or -- Canning: Well, I could boot it. De Weerd: Is that like an eight track or something. Bird: Do you want me to come over there an fix it for you? I can blow it right out of here. De Weerd: Councilman Bird's really good with -- Bird: I'm really good at it. I can shut her down good. Canning: Madam Mayor, Members of the Council, the intent of the hours of operation was just for those two office buildings on the western boundary. Thompson: Thank you. Canning: Just because we are all waiting and this is amusing anyway, I'd also like to point out that somehow our IT department thinks I can read these tiny little things up here. Nary: We do have a vision plan in our city benefits package. Bird: Wear your glasses. Canning: They need to be goggles for this thing. Meridian City Council February 21, 2006 Page 17 of 69 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: While we are waiting for that to boot, I wondered if I could ask Mrs. Canning a question, maybe, for Council as they discuss this matter can consider that. We separated the variance issue out. I have read the staff report. I guess would the Council -- as they consider this project, before we could approve that plat, wouldn't we need to set that matter over to have that discussion on the variance? In reading the staff report it's unclear to me exactly what the planner's perspective of that was, but if we need to that maybe the Council needs to consider if they are going to consider this project or approve this project, to set over at least the plat or maybe the plat and the CUP until after the variance discussion is had, since it appears that -- at least from the applicant's perspective they find it to be critical to the whole project, but I didn't know if you had a thought on that Canning: Madam Mayor, Members of the Council, I think staff assumed that the variance would not succeed and conditioned the rest of the project accordingly. There is no lot frontage requirement or anything of that nature, so the plat isn't dependent on having -- having a road or a driveway provide access, necessarily. And there is cross-access within the project, so -- between all the lots in the project. So, I do believe that they can consider the item separately on the variance. Nary: Okay. Canning: Victory is mine. Thompson: Thank you, Anna. Okay. You have the area. We can go onto the next slide. This is a color rendering of our landscape plan and the item that I wanted to point out here is, again, this is the new public road that will be -- that we will be attaching to Ustick and this aligns with the new traffic signal that, then, goes to the north side for the new Kohl's project. So, these are aligned. And, then, what we are proposing is anything to the west of this line be single story and have the entrances oriented away from the west side. And, then, the property line here have a six foot block wall and, then, the evergreen trees that we are proposing be six -- I'm sorry, eight to nine feet at the time of planting to -- to help buffer the neighbors to the rear of us. Next one, please. And this you can't see very well, but I just had this dimensioned and we do have the required landscape buffer distances, which I believe is 35 feet here and here and, then, we have, actually, made this against the neighbors five feet larger than it needs to be -- or than it's required to be. Next one. This is -- since we don't have elevations, this is just kind of our architectural vision that we see for this area. Kind of more of a village look is kind of what we are calling it, but we have put architectural guidelines in of types of materials and, then, there is the gateway corridor architectural guidelines that we will have to -- have to comply with. And, then, this is the -- is the constructural -- I'm sorry, the concept plan that was approved in 2004 with the development agreement and these -- this was one property owner at that time. Mr. Egge and my -- I was not involved at Meridian City Council • February 21, 2006 Page 18 of 69 that point, but we have since purchased this property from Mr. Egge and the corner and -- but I understand that he pulled out very late in the game, where he went through -- almost all the way through. So, this area was going to be the high intensity residential. I'm sorry. Commercial. With the residential down below to the south. And with that will take any questions that you have. De Weerd: Council, questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Tammy, on that public road that's coming through that's going to have the stop light or the lights -- Thompson: Yes. Bird: -- is ACHD putting those in or is the developer to the north? Thompson: My understanding is that the street improvements are complete on Ustick and so all the approaches that you see on there are already in. I believe the conduits that need to go in for those lights were put in at that point, but my understanding is the developer to the north, Winston Moore and company, is putting in that traffic signal, which we will be contributing our share of. Bird: And you're willing to contribute your share, too? Thompson: Yeah. We have talked to them and we would be splitting that. Bird: Okay. Thompson: And Mr. Inselman is here if I'm not correct. Bird: He's shaking his head. Thank you very much. De Weerd: Okay. Any other questions, Council? Okay. Thank you. Thompson: Thank you. De Weerd: Okay. I have one person that did sign up to testify or to express their support of the project. Betty Rosso, would you like to provide testimony? Okay. Is there anyone in the public who would like to provide testimony? Please come forward. If you will, please, state your name and address for the record. Grant: Certainly. My name is Steve Grant. I live at 1534 Leslie Way and that's the property on the western boundary of this project. Meridian City Council February 21, 2006 Page 19 of 69 De Weerd: Thank you. U Grant: I would just like to state that we certainly have enjoyed working with Tamara and their plans. They have been very cooperative all along. And as she indicated and I'm sure you have got it for the record, they have agreed to build a six foot masonry fence along the western line of decorative block. The residential shields she's been very gracious about working with us on those, as well as the -- an upgrade in the landscaping to the eight to nine foot evergreen trees along that western property line, as well as a 30-foot easement, instead of the normal 25. We appreciate all of the efforts that she's made to accommodate our concerns with the building orientation, limiting those to a single story, and, again, we just want to go on record as stating that we appreciate their cooperation and do support their project. Hope it goes through in all of the ways that they have proposed it. So, that's, really, all I had. De Weerd: Thank you, Mr. Grant. Any questions from Council? Okay. Any additional testimony? Please come forward. If you will, please, state your name and address for the record. Knorpp: My name is Billy Knorpp. I live at 2972 Leslie Drive, which is, actually, straight south of this particular -- it's on the other side of Bienville. So, I'm not directly affected by this, but did want to state for the record that I also am for the way they are doing this and the boundaries that they have set and the things they are doing and want to continue with -- not necessarily exactly the same, because we have a ditch down at the bottom, that they would do that. The other concern that I have is -- and it's going to be sort of dual with the two properties, is the car circulation, that is that we want for sure that there be a way for cars to get in and out of this property and the Bienville and I will be here when you do Bienville, too. But just because this is -- it affects this one, too, but somehow that it all be set up so that cars can circulate through the whole property. My house is here and what we want to make sure is that there isn't a path that's best for them to do to go through our subdivision to get where they need to go if they are trying to go north on Eagle Road. So, we support in-out complete access, so that it will lessen the probability that people want to come through our property and I don't know what access is going to be needed here for this project, but the point is the two are tied together when it comes to circulation of traffic and I just want you to consider that this one with the Bienville, that somehow the two all be coupled together, so that there is an easy way for traffic to circulate in that -- in the dual site that it will end up and not go through our property. That's really all I wanted to say about this one and when we come to Bienville there will be more to be said. De Weerd: Okay. Thank you. Any questions, Council? Okay. Thank you, sir. Anymore testimony? Okay. Would the applicant like to come up for any reaction, response, final comments? Okay. Council? Wardle: Madam Mayor? Meridian City Council February 21, 2006 Page 20 of 69 De Weerd: Mr. Wardle. Wardle: Question of staff. Anna, the application is coming forward without elevations or any type of architectural rendering; correct? Canning: Correct. Wardle: The applicant mentioned that those would come back in with -- potentially with additional conditional use permits; is that right? Canning: If the use required -- the way the development agreement is currently structured, if the use required a Conditional Use Permit, we would see it, then. Otherwise, it would just be a staff level to review the very generic entryway corridor design standards that we have. Wardle: Madam Mayor, follow up? I guess one of the concerns that I have, if we think just kitty-corner across the street, the building which, obviously, the Council didn't see, didn't need Council level approval, which is in the entryway corridor, that is void of windows on the backside, is that the kind of review that we are going to I see I guess is my question. Canning: Are you specifically referring to the Lowe's building or the other one? And I'm not sure we actually had the design standards in place when that was approved. I think that that particular building got approved just before we adopted those. But the current standards do require some break up of that mass. I don't think that they actually require windows. So, that might be the case. The entryway corridor standards were more designed to break up larger buildings than they were as design standards. Wardle: And, Madam Mayor, just another question, Anna. I saw -- can you go to the site plan, please. Canning: Tamara's site plan or mine or it doesn't matter? Wardle: Any. I guess I'm looking at a specific -- I think I have seen something similar to that in the City of Meridian. Personally, I didn't have a problem with the architectural standards, but I know that some of the Council members had concerns with individuals and so I just wanted to point that out. De Weerd: I guess I would have a question if Anna can't answer it. We have seen architectural vision, I think that's what the applicant used, and kind of a village feel to what this would took like and, certainly, I would imagine that it's that vision that is why we don't have a room full of people. And, you know, I certainly like the architectural vision that has been shared with the type of lighting standards, the banners on the poles, outdoor planters, the impression of outdoor seating, some of the accommodation of architectural materials and those kind of things, that it's not a straight strip mall, that it does have some architectural interest to it, although it's not really tied to elevations. So, Meridian Ciry Council February 21, 2006 Page 21 of 69 with the vision that they have created for the neighbors, that it would be my opinion they have bought into, what assurances do we have that this is not going to be a stucco strip mall that has very little of this fit and -- form, fit, and feel to it? Canning: Madam Mayor, Members of the Council, currently the development agreement does not address the architectural vision. Staff could perhaps pull out some of those items such as you mentioned or the applicant could propose to add some of those to the development agreement and that might give us more to go on. Maybe make it an option that if it -- staff doesn't feel that it's consistent with that vision, that it go back to the Planning and Zoning Commission for a CU approval or -- De Weerd: Well, I guess I would feel comfortable with that, because it is very appealing in the look and if the architectural vision that they have created here, if there is any way we can institutionalize that into the vision that was brought in front of the decision making body can be tied to that, it is very attractive having the brick pavers down, with -- orthe brick look down and the plaza type with the outdoor seating, all of this is very nice and I would feel comfortable, like the neighbors, with that somewhat put into some enforceable expectations, if it is not to come back for a public comment. And if the applicant would like to comment on any of this discussion, certainly, you can have the final word, but I'm just putting that out there for discussion, so if you need to comment you have that opportunity to comment. And I, too, would share -- I think Mr. Knorpp's concern about the car circulation and the connectivity, that certainly the application that we had previously denied that was not this corner, one of the reasons that -- of concern was that connectivity and how the traffic would move in and around in that area without compromising the surrounding neighborhood. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just to, I guess, throw a little more into the stew, this Council has recently had a discussion about -- in creating development agreements and creating some time limits, so some expectations can get met and if the Council wants to consider in this development agreement, along with what the Mayor's comments have already been, some type of time commitment as to when the development agreement would need to be returned, so there is some assurance that that -- that this project is going to occur, rather than it lay dormant for a long period of time with no requirement or time guidelines as to when this Council would expect a commitment on the part of the applicant to be proceeded forward with this project. That may be something you wish to consider. You don't have any requirement now to do that. You don't have to set that if you don't want to, but part of the issue that Madam Mayor is talking about and the discussion is is that the buy-in and participation from the neighbors to this point is, really, that idea of buying into this vision. If the Council really wants that vision to really occur, besides including it in the agreement, creating some time window that that commitment is going to have to get made, so that's, really, what's in front of you and not the old agreement that's currently in place. It might be something you want to consider. Meridian City Council February 21, 2006 Page 22 of 69 De Weerd: Okay. Thank you, Mr. Nary. Any other discussion items from Council? Okay. Thompson: Madam Mayor, Members of the Council -- De Weerd: If you will just restate your name for the record. Thompson: I'm sorry. Tamara Thompson again. Landmark Development. Our -- the neighbors have asked me that same question, about the site plan and the architectural vision. The site plan definitely is conceptual in nature, other than, you know, the buildings on that west side will be single story office buildings, that kind of stuff. But exactly how things layout and the configuration of the building, it's going to be tenant driven. As far as the architecture goes, my understanding is that -- that this was entered into the record, along with the gateway corridor architectural guidelines and that anything that wasn't in substantial compliance with this would have to come back. So, I don't have a problem at all with adding more detail to a new development agreement, so that -- that these types of items could be included in there, just, you know, to cover that sort of thing, because this is what our intent is. De Weerd: That's great. I appreciate that. Certainly, it's been a direction that this city is moving to to raise the bar and to encourage a look that is different than your typical strip mall and certainly -- again, I would go back to usually when we come to this corner we can get standing room only type of activity and I really believe that this is a quality that we haven't seen in this area before for this corner and I commend you for the work you have done with the neighbors. I think probably having two people testify in favor of it and that we don't have standing room only shows how closely you have listened to their concerns and have tried to address them. So, thank you. Thompson: Sure. One of the other things I wanted to show while I was up here is I do have the connectivity, but we could wait on that until the -- until we are talking about the variance, too, but I do have the site plan from Bienville that I can show you how that connectivity and the circulation works there, if you want to talk about that at this point. De Weerd: We might need to just keep that separate. Thompson: Okay. That's fine. De Weerd: Okay. Any other questions for the applicant, Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just one question. And it's somewhat the element that we are going to get into in a bit, but from your site plan and the concessions that you have made and Meridian City Council • February 21, 2006 Page 23 of 69 suggestions that staff has made, are those all contingent upon the Eagle Road access that we will be discussing? De Weerd: You're not supposed to ask that question yet. Thompson: Madam Mayor, Mr. Borton. Borton: I just saw it discussed at Planning and Zoning. Thompson: Yeah. It -- unfortunately, access is like oxygen and without it~ you're dead and the tenants -- you know, we are looking for high quality tenants and -- and any of those tenants have in their top three requirements access and if it's not convenient or as convenient as their competitors, either, you know, on the same corridor or close by, then, they are not going to land here, so -- and we very much are tenant driven. We are not going to build some spec buildings. So, I would have to say the answer is yes to that. De Weerd: Okay. Anything else, Council? Okay. If there is no other questions or comments by Council, I would entertain a motion on Items 12, 13 and 14 in regards to the Public Hearing. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: If all the public discussion and Council discussion is over with, I would move that we close the public hearings on AZ 05-052, PP 05-053, and CUP 05-049 for Sadie Creek Promenade Subdivision. De Weerd: Do I have a second? Borton: Second. De Weerd: There is a motion to close the Public Hearing on Items 12 through 14. All those in favor -- Nary: Madam Mayor, maybe if I could interject for a moment. The reason I had asked the question earlier -- and I think Councilmember Gorton's question to the applicant indicated that you may want to consider, before you vote on that motion, on whether to continue your Public Hearing, hear your variance application -- it certainly made it sound that the applicant was less inclined to want the city to annex their property or approve their plat or their CUP without the variance. Now, maybe I'm misreading that, but that seemed to be the flavor of her comments was that that was a significant part of this application. If the Council wants to hear the variance and make a decision and that may or may not impact their desire to go forward or you may want other -- to gather other Meridian City Council February 21, 2006 Page 24 of 69 • information, whether it's design, whether it's traffic study, or something else, you might want to leave your hearing open. Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: I would -- and, I'm sorry, I understood that and -- Nary: That's why I'm here. Bird: -- I got ahead of myself. Well, I don't know about that. But, anyway, I would pull my motion and we can go onto the variance, so that -- and when we take care of the variance we come back and, then, Mr. Rountree can -- we will just continue these three and go to the variance, if we could. De Weerd: Okay. Does second agree? Borton: Second agrees. De Weerd: Okay. The motion is to continue Items 12, 13, and 14 until after the discussion of Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Continued Public Hearing from February 7, 2006: VAR 05-022 Request for Variance to Allow a Vehicular Access Point to Eagle Road / SH55 for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: De Weerd: Okay. Discussion on Item 15 -- or I will go ahead and open the Public Hearing on Item 15, VAR 05-022. Councilman Rountree, limagine -- Rountree: Madam Mayor, I wish to recuse myself -- De Weerd: Okay. Rountree: -- on Item 15. De Weerd: Okay. See you later. Rountree: Not too much I hope. De Weerd: Okay. The Public Hearing on Item 15 is currently open. Meridian City Council • February 21, 2006 Page 25 of 69 Canning: Madam Mayor, Members of the Council, I am going to borrow Mrs. Thompson's diagram, since it shows the whole area. I thought that might be easier. This is still the Sadie Creek project and this is the variance request for access to Eagle Road or State Highway 55. The applicant does propose one new approach to State Highway 55 and that approach is -- it's aright-in, right-out access driveway and it's approximately 306 feet south of Ustick Road. The ITD has not approved any approach permits on this site. The various is required, because this access point is not consistent with the Unified Development Code or the Eagle Road arterial study. The study was endorsed by the City Council and by the ACHD commission. The staff report notes a couple of the policies from that report. One is paragraph 3.2.5, which states that ITD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed over time, the access consolation provisions of secondary access, et cetera. ACHD has provided three access point off of Ustick for this property and it's the long dimension for the property and it does provide access into the site. The second provision of that study was paragraph 3.2.6, which talks about the existing circulation that works within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel onto Eagle Road and this concept should be incorporated into municipal planning and zoning policies. And with the adoption of the UDC, the City of Meridian did further that policy and the commitment was made to restrict access to Eagle Road to the half mile mark. Finally, I want to bring up some traffic accident data and this is from 2004. I'm not sure that the police department has compiled it yet for 2005. But in 2004 nearly 17 percent of the total accidents in the city occurred along Eagle Road. There is a direct correlation between the number of access points and the intersections along the roadway and the potential for accidents. At the top ten intersections in Meridian for total number of traffic accidents, six of those ten intersections were along Eagle Road and those were at Overland, at Magic View, at St. Luke's, Franklin, Atlanta, and at Fairview. Now, Ustick wasn't on there yet, because we don't have -- didn't have that much development along Ustick at that time. The staff does feel that this project can circulate adequately and get enough access for the retail provisions from -- without having that access to Eagle Road, the right-in, right-out access. Regarding outstanding issues, staff is recommending denial. The Planning and Zoning Commission did not hold a Public Hearing on this, although I want to note that Commissioner Zaremba did oppose the associated development applications, just because it did depict this access to Eagle Road and he was opposed to this access. The Planning and Zoning Commission talked a lot of the access that's being proposed by Bienville and they do have another variance request in for a public access road that would connect through this entire site. So, the staff is still recommending denial of that one. We can't make the findings for approval, but the circulation pattern currently is for a -- and, Mr. Nary, you will have to tell me if I'm getting too far ahead on Bienville. But is to have a public road access that would come in and loop around and connect back up to this public road. And, then, you would have a private access system throughout the kind of non-residential portions of the property and link those two systems. I also want to one point out that we have heard some interesting developments along the Leslie Drive properties. The first two property owners -- the first two lots along Leslie Drive as they front Eagle Road, those property Meridian City Council February 21, 2006 Page 26 of 69 owners have come in to talk to us about putting a cul-de-sac on Leslie Drive and, then, connecting this to the commercial -- as commercial development to the commercial development to the south, which would provide access to the half mile road eventually. And I can switch over to our aerial and show that to you, if I can figure out which one it is. Nary: Mrs. Canning, before you get too much further on that particular point, was that part of the staffs reason for their recommend of denial or is it just you're giving the Council some alternatives to what's being proposed? Canning: Madam Mayor, Members of the Council, it wasn't specifically noted as part, but I do think we try and consider what will happen in the future and we have had a little more clarity on what could perhaps occur there and we do try and look at the overall circulation pattern and -- Nary: So, really, what you're testifying to and what your statements are is related to being able to show the Council there are other alternatives to what's being requested, not the specific applications or the specific projects per se on all of them, but that there are alternatives that are available to what's being proposed for this variance. Canning: Yes, sir. Thank you clarifying that. Nary: That's what I thought. De Weerd: Thank you for that clarity, Mr. Nary. Nary: You're welcome. Canning: This is the half mile mark and we do see a potential for some connection throughout this whole project. With that I will answer any questions that Council may have. You do have findings for denial in your package tonight. De Weerd: Council, questions for staff at this point? Okay. Would the applicant like to come forward. I'm sure they have comments. Just a guess. Thompson: Madam Mayor, Members of the Council, Tamara Thompson, Landmark Development, 1882 Toluka Way, Boise, Idaho. De Weerd: Thank you. Thompson: For a commercial center the most important site criteria to our potential tenants, which, like I said before, we are looking for some high quality retail. We have had quite a bit of interest from national restaurants and that type of thing, that their -- the most important criteria for them is access and if access isn't convenient, then, customers are going to drive right passed them and not stop. So, the viability of this center is its convenient access. Without that access it would create an undue hardship Meridian City Council • February 21, 2006 Page 27 of 69 on this property and may potentially kill the project altogether. Our site is unique in that a frontage road cannot be achieved to the quarter mile point, since current city policy is that access onto Eagle Road only be at the section line and at the half mile point. Could you back up just one? With Leslie Drive and with the school here, that that connectivity getting clear down to this point is not an option. Houses would have to be wiped out and it would bring all that traffic right passed the school. We have met with ITD several times. Our project, actually, went to the executive permits committee that ITD had last Thursday on the 16th and what came out of that meeting is that, basically, the -- essentially the same thing is what Winston Moore received on the north side of the road, is that if we would comply with the Eagle Road concept plan and obtain a variance from the City of Meridian, that our access point would be approved and the reason for that is that aright-in, right-out actually helps the whole intersection that funneling all the traffic from -- approximately you have got 40 acres once you have the Bienville project here, too, but even from the 15 acres, funneling all that to Ustick Road decreases or makes it -- makes the level of service worse at the intersection, because all that traffic has to come up here and wait to get through that light, where having aright-in, right-out -- and, actually, where -- I'm sorry, could you back up. One more, please. What we were showing is an access at this point and the reason I was showing it there is because that was consistent with what the concept plan that was approved back in 2004 was showing and ITD actually told us that the location would need to be clear down here, which is consistent with what Winston Moore has on the north side as far as the spacing. I'm sorry, Anna. Forward one, please. There is the concept plan where it shows -- and what it said down here -- and, you know, my client's purchased this property already, so he was relying on the development agreement in its entirety when he purchased it. But what it says down here is A's are ACHD approved accesses and B's are ITD approved accesses. So, the A's are here and, then, the B's are shown here and here, where there would be two locations for access along -- along this frontage. We understand that this still had to go through the proper channels, but it's confusing to us why that language was used at that time. Can you go to the one that shows the whole thing? One more. Right there. This is -- it's pretty hard to see at this scale, but, basically, from the center line of the intersection what's been approved on the north side of the road is at 700 feet there is a right-in, right-out on both sides. At the quarter mile mark there is a full turn access on both sides of the road and, then, the west side was given another right-in, right-out at the -- at approximately 1,700 feet from the intersection. And what's being proposed for our project is consistent with that, where with moving this down here it becomes approximately 660 feet from the intersection for a right-in, right-out, which is consistent with that. The traffic study also shows that adding the right-in, right-out at that location not only helps get traffic back onto Eagle Road without having to congest the Ustick intersection, but without it you're adding -- basically, the safety issues for left turns -- left turns are the ones that cause the most accidents, but those are, actually, being just diverted from Eagle Road onto Ustick Road, instead of being able to come down here and just making a right turn, which is a safe movement and it would have a decel lane, that that, then, is put onto Ustick where you have to make left turns, which those are the ones that are most unsafe. So, anyway, our access has changed from what our original proposal was due to our comments -- or our discussions with ITD and what they took to their executive Meridian City Council • February 21, 2006 Page 28 of 69 committee. Like I said, our Eagle Road access is consistent with the concept plan that was approved in 2004 with the development agreement and -- sorry. The other thing I wanted to bring up is that customer traveling southbound on Ustick -- I'm sorry -- on Eagle, if they miss the Ustick intersection not knowing, you know, what's here and all of a sudden they -- you know, they see something and want to go in there, basically, they are going to have to come all the way down to the half mile point to do a u-turn to get back or they are going to take the first right that they can and cut through a residential street, which definitely isn't safe. So, for your conditions of approving the variance, the first one is the variance shall not grant a right or special privilege that is not otherwise allowed in the district. Granting this variance would be consistent with the two northern corner developments and, like I said earlier, any -- any retail tenants that we are trying to pull to this area, they are going to look at what other commercial access there is in the area. So, if it's not consistent with that, they are going to go someplace else. So, granting this variance would be consistent with the two northern corner developments and not granting the access would give those developments a competitive advantage over the south corners. The second condition is the variance relieves an undue hardship because of the characteristics of the site. This site is unique in that it will not have access to the half mile point due to the Carol Subdivision and the school that's in the way. Therefore, all the traffic generated by this corner will have to be funneled up to Ustick and having aright-in, right-out access onto Eagle Road would help the level of service at that intersection. And the third is the variance would not be detrimental to public health, safety, or welfare. And, again, the variance actually helps the traffic at the Eagle and Ustick intersections. That left turn movements are the movements that cause the most accidents. And if there is an access onto Eagle Road, then, you're just changing those right turns into -- coming into the site onto left turns on Ustick. Again, we met with ITD and they told me -- because I tried to get a letter out of them, like what Winston Moore was able to present to you and they told me with just having their executive permits committee on Thursday, it would probably take 30 days or so for them to write up a big report on that. So, I do not have that in writing at this time. Canning: Mrs. Thompson? Thompson: Yeah. Canning: I received it at 5:12 today. Thompson: Yeah. That's not the letter -- Canning: We can go ahead and make copies. Thompson: That's not -- that's kind of an interim letter from, I believe, District Three, but the one that Winston had was actually from the chief engineer and they told me that would be -- would be coming in about 30 days. That letter -- Canning: This letter references the executive permits meeting. Meridian City Council • February 21, 2006 Page 29 of 69 Thompson: Right. But they can't -- my understanding -- in talking with Kevin Sublon, because I did get that also, is that he said that he did not have the authorization to tell us that anything would be approved. It had to come from the chief engineer. Canning: Madam Mayor, Members of the Council, perhaps I should read a bit of this. We did get it very late and I will give it to Will to make copies as soon as I can read this. One of the things they specifically note is that any desired access does require a variance from the City of Meridian and, then, it says that the necessary improvements will be determined once access determination is made. If your development are able to comply with the Eagle Road concept report, district traffic may be agreeable to recommending approval of the requested access points pending results of our review of your TIF completed by Stanley Consultants. So, this does not appear to say that anything has been granted at this time and it's very carefully worded to say that nothing has been reviewed, actually, at this point. It doesn't appear that the traffic study has been reviewed or that any type of access determination -- access has been granted to this property. Thompson: And I did get that same letter and, then, I called Mr. Sublon, who was the author of the letter after receiving it and verbally he told me something very different than what the letter states and he said he just wasn't authorized to put that in writing at his level. He can't -- he can't give me that information in writing. But I guess verbally he could. Anyway, moving on. We respectfully request your request of the approval for the variance and I will be here for any questions that you may have. Thank you. De Weerd: Okay. Council, questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I do have a question. Tamara, on that -- your right-in, right-out, but the problem I see is -- and I can't remember, maybe Gary can help me, but I believe when ACHD through their contract -- a couple contractors redone east and west, they -- the left lanes are double -- left turn lanes. But Eagle Road is not left two double. It's just single. You know, I fihink that's very important to have double left-hand turn lanes off of Eagle onto there, especially, if we are -- if they are getting the entrance -- in and out entrances, three of them, within, what, a quarter mile -- three-quarters -- or one-third of a mile? You know, get two there, because you're going to have some going up to the north, some coming to the south and, usually, when you just -- I think that's something that ITD should ask the four developers to work to and participate in. I see that -- I would wait for their ruling on the right-in, right-out. Thompson: Madam Mayor, Mr. Bird, that is one of the conditions that Mr. Moore has on his and they are going to require that of ours. Bird: Oh. Okay. They are planning on doing -- Meridian City Council February 21, 2006 Page 30 of 69 • Thompson: On northbound, taking a left onto Ustick would be a dual left and they need -- they need the road improvements on both sides to happen for -- both sides of the pavement have to move on -- both the east side of the road and the west side of the road has to move back approximately -- I believe it to be in the 12 to 15 foot range on both sides. Bird: So, they have got that in the -- ITD has got that in their plans already? Thompson: That is in their plan, yeah. Bird: Okay. And the developers are participating in it? Thompson: Right. Bird: Thank you. De Weerd: Anything else, Mr. Bird? Bird: I have none, Madam Mayor. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Gorton. Borton: Mrs. Thompson, you had, Ithink -- I might have misheard you, but you made reference to 660 feet, roughly, I think you indicated on that. I'll try and point you. Right around there. An in and out access point. Thompson: That's correct. Gorton: Okay. Because the materials mostly reference the 350-foot location from the intersection, right at the mid point. Thompson: Right. That's something that came out of the ITD meeting, because from the concept plan, that arrow that was drawn across, I was trying to make the access consistent with the concept plan from 2004 and something that came -- the feedback that came back from ITD is that the location needed to be pulled down to closer to the 700 foot, so that it's consistent with the north side accesses. And so we made that -- just in the last couple days made that change. Borton: Okay. Meridian City Council • February 21, 2006 Page 31 of 69 De Weerd: Okay. Anything else? Okay. Is there any public testimony on this item? Please come forward. If you will state your name and address for the record. Morris: Linda Morris, 1374 Leslie Way. I fully support the developer on getting the right-in, right-out only at that 600 and some foot mark, because I think that will also help alleviate traffic on Leslie Way and also it's amazing how much traffic we already have -- increased traffic we already have on Ustick just the developments that have been done on the north side of Ustick close to us and it looks like to me if they don't have that right- in, right-out there, and you're coming from the south -- from the south going north on Eagle and you want it -- excuse me, you want to -- excuse me. You're coming -- yeah. You're going south on Eagle and you want to get into whatever they had got planned on that commercial on the very corner of Eagle and Ustick and they have to turn onto Ustick and, then, turn left into that development, it looks like to me they are also going to have a backup right through Eagle with all the traffic that's going to be wanting to turn left into their development. Like I said, it's amazing, even they have increased the number of lanes on Ustick for that first half mile now west of Eagle, the traffic has increased -- I couldn't even tell you how much it's increased, but just from those houses that they have built so far, I just can't see it not having that right-in, right-out on Eagle for the developer. I just think that it's just going to be more of a problem for us if it's not there. So, I just wanted to let you now. I fully support them on that. I hope you do, too. De Weerd: Thank you, Mrs. Morris. Any additional testimony? Yes. Grant: Madam Mayor, Council Members, my name is Steve Grant. I live at 1534 Leslie Way and that's on the west side of this proposed project. I came over here fully intending to remain silent on this issue, but find that I think a couple of comments would be in order. The two top concerns of the neighborhood are certainly the transitional issues that we have talked about already and, of course, traffic. There is -- that's just a big issue. To clarify a little bit, I think the comment that the city planner Anna made with regard to the neighbors on the eastern part of Leslie Way, there is some discussion that has been occurring about creating a cul-de-sac, but not at the expense of them giving up their homes so that a feeder road could be built, because there is just not room. I mean they are right on Eagle Road. So, connecting to the half mile at the River -- whatever it is. Riverside or River -- by the school, I mean I don't think that's what they had in mind and we have had a lot of discussions amongst the neighbors. So, I would think that's not even a realistic option and probably economically for any tenants interested in -- they don't want their customers going down a feeder street. That just doesn't make sense and I don't think it's feasible. I think one thing I would say that if the city has granted variances and ITD have granted variances or in the process of doing it to the north for those properties, you know, Kohl's and also Lowe's, that would build, in my mind, a strong case for considering their request. I don't think anybody is going to turn left off of Ustick near the intersection of Eagle and Ustick. They are going to cross one, two, three, four, five, six -- almost -- well, at least six lanes of traffic on the eastern most -- you know, the ones that are closest to the intersection as they -- of course, those left turn lanes are -- go away the further west you go. But that's going to be problematic. They are either going to go down to that light or they are going to go out, Meridian City Council • • February 21, 2006 Page 32 of 69 take a right, and, then, take up the nearest right they can, which is our street, and go down and turn left, even though there isn't a signal at Leslie and Ustick, maybe the signal at Sadie Creek and Ustick would create a barrier. When that's red they could maybe turn left. I don't know. But it's problematic either way. I do agree that, you know, anybody that's coming south on Eagle Road that would want to go into their project that might not turn, you know, at Ustick and try to approach those retail establishments, if they had the right-in and right-out access, it would -- it would allow them to go in there and that would work. But having said that, anybody who wants to go left on Ustick and go west on Ustick, going out that right turn would probably come down our street. So, as you can see, I have got some mixed emotions about his whole issue. One of the things that Ithink -- well, I would like to request is I think this whole corner needs to be -- the traffic needs to be decided together. Bienville is going to come through here and they are going to request, as you have seen on that map, a full access at the quarter mile. Whether or not you choose to approve that or not is something that I'm sure that you will debate long and hard and you have already read -- some of you have read Planning and Zoning's comments on that. But I would encourage you to continue this whole thing until we can look at that whole parcel and make a sound decision with both projects in mind, because they are tied at the hip, in my mind, and need full consideration together and I would think it would be in everybody's interest to look at them together. That's really all I had to say. De Weerd: Thank you, Mr. Grant. Any questions for Mr. Grant? Okay. Grant: Thank you. De Weerd: Thank you. Yes, sir. Knorpp: Madam Mayor, Council. My name is Billy Knorpp, as I stated before, 2972 Leslie Drive. I just want to go on record as completely supporting what Mr. Grant just said to you. I believe also that there is kind of mixed emotion about what the -- what it might do to us to have right-in, right-out. I personally think it's probably a little better for us than not having it, just because it does allow people to get off of Eagle into that without going through our subdivision to get there. But I do also believe with him that it needs to be considered as a block, that is this with Bienville and decide what the streets -- what the access is going to be to Eagle Road as a whole and how the roads will match up with one another, so that people can flow into there. There needs to be an easy flow for people to get in and out of there and not go through our subdivision. And that's our main concern as far as traffic goes. So, that's, I guess, all I would want to say about it is that I agree with Mr. Grant that it needs to be continued, hopefully, and no final decision made until you have made a decision on the whole corner, not just on what's happening with this corner, with a little piece of the corner. De Weerd: Thank you. Okay. Any other public testimony? Okay. Mrs. Thompson, any final remarks? • Meridian City Council February 21, 2006 Page 33 of 69 Canning: Madam Mayor, while Mrs. Thompson is working her way to the podium, 660 feet would appear to be off of this site. So, I'm a little concerned. We hadn't heard about this request to change this until the hearing tonight, to my knowledge, and my records show that there is only 570 feet of frontage along Eagle Road. So, the 660 would put it into the property to the south. Thompson: Madam Mayor, Members of the Council, in regards to what Mrs. Canning just said, the -- I get that dimension from the traffic engineer and our civil engineer, so -- and (know that they are counting it from the center line of Ustick. So, I think that's where the discrepancy is in the extra feet. But, essentially, we are shoving it as far south as we can. It would be pinned right up against our south property line. Just -- I was going to show you the combined plans, which I didn't before, so I just kind of wanted to show you that circulation plan real quick. Back -- right there. Unfortunately, that doesn't show up real well here. But at this location is the public street access that comes down. The way Bienville has designed their plan -- and my understanding of what the city has asked -- city and/or ACRD, is that that road only be public to a certain portion and, then, it become private. We are also showing cross-access at this location where -- De Weerd: Excuse me for a moment. Just -- Mr. Nary, can we be looking at this, since it is a separate application? Nary: Madam Mayor, this is a lot more specific, I guess, than the previous information you had about the variance. You know, if the Council wants to consider the connection with the other project, that maybe the suggestion was that holding this matter off until you have heard the other project as well and deciding them jointly would make more sense. But rather than trying to now get this detail to try to piece with the rest of the information you have, might be a little troubling to a court if they are trying to unravel it later. De Weerd: And so in English? Nary: Yeah. You probably should wait. De Weerd: Thank you. I was going to ask Mr. Borton for an interpretation, but that worked better, so -- Thompson: Okay. I will not continue with that, then. De Weerd: Thank you. Thompson: I guess the only -- the last thing that I want to add is that I believe the first time we met with staff and had our pre-application meeting was back in May and we were ready to submit it, you know, very soon thereafter and staff kept saying we want to see everything together, we want to see everything together. So, Bienville has really held us up a lot, but we were held up twice at P&Z, because they wanted to see Meridian City Council February 21, 2006 Page 34 of 69 U Bienville, too. So, we had to hold and wait for them to submit and bring their project in and now I'm hearing it again, so -- and it did actually -- we did not know ordinance was changing until two days, three days before. I think September 12th was when we heard about the new ordinance taking effect on September 15th. That included the accesses on Eagle Road. That wasn't on the draft that was on the Internet. So, it wasn't something that we knew about. But here we are holding and holding and holding waiting to submit and we could have submitted prior to that and not been under the rules of that, it just keeps -- I just wanted to mention that, that we have -- we have really tried to accommodate staff and the different councils and commissions and trying to keep the project together, but for some reason they have been on a much slower track than we have. De Weerd: And I certainly can appreciate your frustration. I guess it is such a key corner and we have had an application in front of this and it was denied because of circulation, that there are just some things you can't rush and when you have the kind of traffic you do in that area, which makes it appealing for commercial development, you also have serious traffic considerations and I guess that falls on the shoulders of this Council. Thompson: Yeah. Madam Mayor, I feels like they are dependent on us, know, they need access onto Ustick, have provided several cross-access people going south, you know, woul have some businesses there that -- planned for. can appreciate that. I guess from my viewpoint it not necessarily we are dependent on them. You which we are more than happy to provide. We areas and a public road through our site that d only be -- if you're going to live there or if they you know, that cross-access has already been De Weerd: And you might be dependent on them for access to Eagle. So, it might workout that way. Thompson: Thank you. De Weerd: Thank you. Council, any further information needed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna? Canning: Yes, sir. Bird: It's 660 feet from the center line of Ustick is what she's telling us, which is an eighth of a mile, which is 220 yards is an eighth of a mile. • • Meridian City Council February 21, 2006 Page 35 of 69 Canning: That will be very close. Depending on the width of the access drive, it seems like some of it would be on the southern property, but maybe they just meant it as an approximation, but -- Bird: I have some real concerns when you're that close to the intersection and coming through, I think it's like when you put interchanges on the interstate every mile apart, one's getting off and one's coming on and, then, they are so close that you are inviting accidents. And, actually, on their property you're less than an eighth of a mile, because I'm sure Ustick at that intersection has got to be -- half of it's got to be 45 feet or 15 yards, if I'm -- I would imagine, so -- I know we approved one north of that, but that don't mean it's right. Canning: Madam Mayor, there was some talk about holding these over to discuss all the traffic-related movements and I did want to point out there are other projects. If Council is inclined to go that way, there is an ACHD project for this property, there is annexation project for this property. Mr. Thompson has an application in with an associated variance for this property. So, really, this whole southern piece is trying to figure out all these access issues at this point. De Weerd: Thank you for muddying the water further. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for Mr. Nary. Does this Council have the ability to continue this variance application pending additional information based on an additional pending application I guess is my question. Nary: Madam Mayor, members of the Council, Councilmember Wardle, certainly you have the ability to continue this matter to a different date if there is other information in addition to the Bienville site -- I mean the applicant's made a valid point that, you know, they aren't necessarily dependent on them and that's this Council's decision, but this Council may decide that they are and that that relationship of these properties and the access to Eagle Road, at least on the west side of Eagle Road, is of concern to you enough to want to hear how they are going to connect together. As the Mayor stated, that was the key issues previously when the project was denied. If there is any other information that would be helpful to you in making that decision, I would suggest if you're going to set it over, that you make sure that you get everything you can to make that, whether it's different traffic information -- obviously, there was a letter from ITD that the applicant is hopeful will be also supportive of their problem. Obviously, if you want to wait for that. I don't know if there is any other traffic information that might be helpful. You might ask staff or the police department or the applicant to provide that. But you certainly can wait and hear that. I think the concern from the Council is is if you try to handle all of these separately in a vacuum, you may have a number of accesses along Meridian City Council ~ • February 21, 2006 Page 36 of 69 Eagle Road that you may not all feel is appropriate and you're trying to avoid that. That's certainly a reasonable exercise of your discretion to do that. De Weerd: Okay. Mr. Wardle, did that answer your question? Wardle: Yes, it did. Nary: Yes, you can wait. De Weerd: Okay. Any further discussion? Questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Additional information from staff. Anna, were the Council to choose to wait based on additional information needed on the application for the south, what would be a reasonable date to assume that that information would be available? Canning: Mr. Clerk, do you know when Bienville is coming up? Is it two weeks? March 14th. Thank you, members of the audience. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I kind of -- I got a sense of where this is going, but to give you my perspective of this request, it doesn't seem to make a lot of sense and I appreciate Mrs. Thompson's comments and the market needs and the business implications of this decision and I know that developers in doing these things like to have concrete answers, the sooner the better and things to be crystal clear, so they know where they are going. I'm not so sure what additional delays could make access 300 feet, 400 feet, 500 feet from this intersection viable. I don't know what additional information -- maybe there is and maybe delaying it might make some sense, but from what I have heard it seems -- and in light of staffs comments and the applicant's comments and the public's comments, I'm not so sure access from this property in any of those locations makes sense. So, if we continue it, at least that's -- that's my initial perspective. De Weerd: Any other comments, Council? Okay. There is a couple directions you can go on this and I would entertain a motion, if you're ready to have any kind of motion at this point. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council • • February 21, 2006 Page 37 of 69 Wardle: I will float a motion and if it doesn't get a second, then, we will entertain another one. I move that we continue Item 15 to March 21st, 2006. De Weerd: Okay. The motion is to continue this Public Hearing until March 21st. Do have a second? Okay. I do not have a second, so the motion will die. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we close the Public Hearing on variance 05-022, the Sadie Creek Promenade Subdivision. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes, Mr. Gorton. Borton: I move we deny the request for variance 05-022, to allow vehicular access to Eagle Road for Sadie Creek Promenade Subdivision. Bird: Second. De Weerd: Okay. The motion is to deny the request for Item 15. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Continued Public Hearing from February 7, 2006: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: Item 13: Continued Public Hearing from February 7, 2006: PP 05-053 Request for Preliminary Plat approval of 24 commercial building lots 15.33 acres in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: • Meridian City Council February 21, 2006 Page 38 of 69 Item 14: Continued Public Hearing from February 7, 2006: CUP 05-049 Request for a conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 and 3085 North Eagle Road: De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Now, we need to go back to the Public Hearings 13, 14 -- 12, 13, and 14. For our information I'd like to ask the applicant if they want to continue. De Weerd: Okay. Would the applicant like to comment on Items 12 through 14? If you will restate your name. Thompson: Madam Mayor -- I'm sorry. Tamara Thompson, Landmark Development Group. Madam Mayor, Members of the Council, at this point I think we'd like to proceed with the annexation and rezone and see what happens. De Weerd: Okay. Okay. Is there anymore information needed by this Council? Bird: I need no more, Madam Mayor. Does anybody else want to testify? De Weerd: We had already gone that far. Bird: Okay. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing nothing, I move that we close AZ 05-052, PP 05-053, and CUP 05-049, for Sadie Creek Promenade Subdivision. De Weerd: Okay. There is a motion to close the public hearings on Items 12 through 14. Do I have a second? Okay. That motion fails. Do I have another motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question of the applicant or is it too late for that? Meridian City Council • • February 21, 2006 Page 39 of 69 De Weerd: We still have an open Public Hearing. Mrs. Thompson, Mr. Borton has a question for you. Borton: Would you be able to present a modified concept plan in light of the access issues on Eagle Road? You seemed to indicated before that that really changes the entire design and maybe liability of this project. Is that something that is of interest to you to do that and have this continued and have it presented or -- Thompson: Well, Madam Mayor, Mr. Borton, it's -- I mean at this point it's a conceptual plan anyway. So, you know, closing up that entrance doesn't affect, really, the internal circulation, you know, we still have all of that with the accesses onto Ustick. I believe what -- and -- excuse me. And we are proposing office, retail, and restaurants. And so I believe what that's going to do is just change the mix, but we are not going to get as much retail and restaurant, that it will end up more office. And, like I said before, the market's going to have to dictate that. Wardle: Okay. Thank you. De Weerd: Okay. Any other questions, Council? Bird: I have none. De Weerd: Okay. Are we ready for a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we close the Public Hearing for AZ 05-052, PP 05-053, and CUP 05-49. Bird: I'd second that. De Weerd: Okay. There is a motion to close the Public Hearing on Items 12 through 14. All those in favor say aye. Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. Does Council need any additional information, discussion, or are you ready for a motion? Bird: Madam Mayor, I'll throw out a motion. De Weerd: Okay. Mr. Bird. Bird: If there is a second or not. I move we approve AZ 05-052, annexation and zoning of 7.87 acres from R-1 to C-G zone for Sadie Creek Promenade Subdivision and I • Meridian City Council February 21, 2006 Page 40 of 69 believe the findings are already. We didn't change anything off the findings and approve the findings and conclusions of law. De Weerd: Okay. Do I have a second? Rountree: I will second. De Weerd: Okay. We have a motion to approve Item No. 12. Mr. Bird, I know that there was discussion about the development agreement and making sure that the architectural vision -- Bird: That would be -- I thought that was a preliminary plat, but if it's in the annexation and zoning, I'm -- I want that in there, that we would work on that as she agreed to. De Weerd: Okay. Rountree: Second agrees. De Weerd: And was there also a suggested time limit or are you -- Bird: I think six months would be a good time, wouldn't it? To redo your development agreement. Rountree: For returning an executed development agreement. Bird: I beg your pardon? Rountree: For return of an executed development -- Bird: Yes. That -- Rountree: Okay. De Weerd: Okay. Okay. Any discussions? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, nay. Berg: Mayor de Weerd, tie breaker. De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. De Weerd: Item 13? Canning: Madam Mayor, before we leave one, (couldn't -- I didn't hear the time frame. Meridian City Council February 21, 2006 Page 41 of 69 Bird: Six months. Canning: So, six months to bring back -- Bird: Return asigned -- Canning: To return asigned -- okay. Thank you. Sorry. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just to clarify, six months from when they receive it for them to return it. Bird: Yes. Nary: So, after we have completed those terms and conditions as stated, for them to return it. So, not six months from today -- Bird: No. Nary: -- for the whole process, just for them to get it back. Bird: Get it back. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve PP 05-053, the request for preliminary plat and, then, this one we have -- I think is where we would not allow the entrance or exit off of Eagle Road and I can't think of any other thing that we discussed and to reflect that in the findings and to redo the findings. De Weerd: Okay. There is a motion to approve Item 13. Is there a second? Okay. Motion fails. Okay. Council, for discussion Iguess -- I don't know which way this is going, but Iwould -- if I were asked to break a tie again, I would like to see the preliminary plat and CUP come with a better idea of how it interconnects with the application to the south of it for that connectivity. So, I just thought I would give you an indication of where I was going. Bird: Madam Mayor? Meridian City Council February 21, 2006 Page 42 of 69 De Weerd: Mr. Bird. Bird: May I restate my motion? De Weerd: Yes. Bird: I would move we approve PP 05-043 and revise findings as stated. De Weerd: Okay. Do I have a second? Borton: Second. De Weerd: Okay. So, the motion is to approve Item 13 with a revision to -- Mr. Bird? Bird: Beg your pardon? De Weerd: To reflect -- Bird: To reflect both planning -- the preliminary plat. De Weerd: Okay. To reflect that the variance was not granted, is that -- Bird: That variance wasn't granted, so it don't have to be involved in here. De Weerd: Yeah. But the preliminary plat still shows an access. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I think that the intent that the Council is seeking is that the staff bring back revised findings reflecting -- reflecting findings for this preliminary plat approval without the access, since the variance wasn't granted. De Weerd: Okay. Nary: I don't know if there was anything else that Mrs. Canning -- that we discussed on the plat. I don't believe so. Canning: No, sir. And no, Members of the Council and Mayor, I don't think there was and, actually, an access point is not necessarily shown on the plat. It's not like a public street. So, I'm not sure that we need to revise the findings. I mentioned earlier that the findings were prepared assuming that the variance would fail. So, I think we are okay with the current findings. Meridian City Council February 21, 2006 Page 43 of 69 u Bird: Okay. Madam Mayor, I would change my motion, if the second would agree, to strike the revised, because she is right, that it don't show, if that's -- if the second agrees. Borton: Agreeable to the second. De Weerd: Okay. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 14. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we approve CUP 05-049 with a change in the drive-up. I would prefer to go with the staff recommendation of 300 feet at drive-thrus and to show so in the findings, if it's not already in there. Rountree: Second. De Weerd: Okay. Motion to approve Item 14 with the correction or addition as stated. Mr. Bird, would that also be to clarify the hours of operation for that office buildings on the western portion? Bird: That's already stated -- De Weerd: Okay. Bird: -- Madam Mayor, that the ofFces on the west is from -- has got a time limit on it and the applicant agreed to that. De Weerd: Okay. Thank you. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 16: Continued Public Hearing from February 7, 2006: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White-Leasure Development Company - 1601 South Meridian Road: Meridian City Council February 21, 2006 Page 44 of 69 De Weerd: Okay. Thank you. Item 16 has been requested to be continued. Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we continue VAR 05-027 to March 7th, 2006. Rountree: Second. De Weerd: Okay. The motion is to continue Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridae Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Item 18: Public Hearing: PP 05-048 Request for Preliminary Plat approval of 255 building lots and 26 other lots on 91.085 acres in a proposed R-4 zone for Reflection Ridae Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Item 19: Public Hearing: CUP 05-046 Request for a Conditional Use Permit for a Planned Development for 255 single-family residential dwelling units with reductions to minimum lot sizes, frontage and setbacks. Also, the applicant is requesting a waiver of the standard block length in a proposed R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: De Weerd: Okay. Items 17, 18 and 19 are AZ 05-045, PP 05-048, and CUP 05-046. will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Reflection Ridge project. It's located on the east side of Locust Grove and south of Victory Road. As you see, it's kind of an unusual shaped parcel. It has very limited frontage and, then, kind of flares out or flags out towards the center of the project. This is an annexation -- application for annexation and zoning, preliminary plat, and conditional use approval for a planned development. This one has been kicking around for awhile. We still -- this is one of our last planned developments to come through. I think I say that every time and another one pops up. We have got to be running out of them soon. But this is a planned development application. The applicant is requesting zoning of the 91 acres to R-4 and the preliminary plat approval is for 255 build-able lots and, then, conditional use approval for a planned development with reductions to minimum lot size, minimum lot Meridian City Council February 21, 2006 Page 45 of 69 street frontage, and maximum block length. The applicant is proposing a mix of -- I know everybody hates the terms, but these MEW lots that take access from the 24-foot private drive and, then, face the open space. And there are 18 of those lots and, then, the remainder of the lots, 237, are detached single family lots. Often on these planned developments the question comes up how does it relate to the new code. We don't have an exact analysis, but 152 of these 255 lots are 8,000 square feet or greater in size. Now, they look small here, because this is a large piece of property. One hundred three of the lots are below 8,000 square feet. But the average lot size in the proposed development is 8,785 square feet. So, the average size is over the 8,000 square foot minimum for the R-4. Without doing an exact analysis, staff is confident that everything on this property would meet the R-8 standards. It's just a question that we didn't go and figure out which one would exactly meet the R-4 standards. The applicant is proposing to have usable open space that exceeds 17 percent of the site. They will have a swimming pool, a clubhouse with changing rooms, and restrooms. A half basketball court, a sand volleyball court, two tot lots, gazebos, picnic areas, benches, ornamental entrance, streetlights, micro-paths, a regional pathway along the Ridenbaugh, which is on the north property line. And landscaped entrance boulevard corridor with street trees. And you will note as you come in this is a -- there is no houses taking access from this entry road until you get to this little roundabout. And that's where the access points start. The gross residential density is 2.8 dwelling units per acre. We do have some elevations here for you to look at. I think these are just typical of the street-loaded ones. These wouldn't be the MEW lots. The Planning and Zoning Commission did recommend approval at their -- well, they heard the item on October 20th, November 17th, and January 5th. At their January 5th Public Hearing they did recommend approval. Dave Koga, the applicant's representative, spoke in favor. No one spoke in opposition. The key issues of discussion by the Commission were the Ridenbaugh Canal ownership and constructing amulti-use pathway near the canal and that pops up as an outstanding issue that I will get to in a moment. The street layout and traffic calming mechanisms and, then, emergency secondary access from Meridian Road via existing private lane future collector roadway and that's at this corner here. You can see it -- the road curves up and that would provide the emergency access on a private lane out to Meridian Road. Just to give you some references, we do have an application in the works that takes in approximately the northern half of the section and would provide access or cross-access into this residential subdivision, so we will have a -- we anticipate that we will have that interconnected street system fairly soon. The key Commission -- key changes that the Commission made to staffs initial recommendation were they did amend one of the site specific comments to reference the revised plat. So, nothing substantial. Regarding the outstanding issues, there was some question about the ownership of this Ridenbaugh and they were going to do some quiet deeds to trade property, so that the applicant could construct the pathway along the canal and staff did ask in the staff report that the applicant provide an update of their efforts regarding that tonight. So, I would hope they would be able to do that. And, then, one other out -- it's not really an outstanding issue, but as I mentioned, the property to the north and west, when that comes in we will have to look at this -- resolving this private lane issue. Staff is confident that this property has done what it needs to do to resolve that issue. There is plenty of right of way there to either just have the emergency Meridian City Council February 21, 2006 Page 46 of 69 access or to transition this into a public road access. So, they have addressed thal issue and we will just have to make sure we address it with the next one as well. You do have findings for approval for all the applications and I will answer any questions you may have. De Weerd: Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Koga: Madam Mayor, City Council Members, my name is David Koga with the Land Group at 462 East Shore Drive. First of all, I appreciate Anna, she kind of covered all the highlights that I was going to mention. Two things. First of all, as part of the design, because it's one of the questions that's always brought up in regards to neighbors. We did have a neighborhood meeting, even though it was not required. The only neighbors that are really directly related to this project is this portion right here and apologize that this drawing doesn't show it, but there are some existing one acre lots -- oh, thank you. One acre lots right here and a five acre lot right here. We designed this -- the entrance area on purpose -- go back to that one, Anna. That it's all open space with no homes to provide them a really good buffer for those -- for their existing livelihood that they have right now. We did also provide a stub out to the five acre lot to the south. In regards to the question in regards to the Ridenbaugh Canal, what happened is when we went through the survey and got our legal descriptions about the site, the boundary does, from the north, follows the center of the Ridenbaugh Canal to right here on this Z and, then, it jogged to the south of Ridenbaugh Canal. Through our search and with our surveyors we found out -- at first could not find out, really, who owned that land, so that's why at first we wanted to go through a quiet title. During the process we found out, in reality, through our search, that Nampa-Meridian Irrigation District does own the land to our title company. So, we changed it from a quiet title into a quitclaim and as of right now there is a meeting -- as a matter of fact, tonight with Nampa-Meridian Irrigation District for their approval of this quitclaim and we are confident that this will be taken care of, meaning the developers will take over ownership from the center -- from the center of the Ridenbaugh Canal to the south, which will also include our ten foot wide regional pathway system. That was part of the outstanding question on that. Other than that, we did spend a lot of time with ACRD to comply with their requirements, stub outs, half -- we have -- we will provide half the cost for a bridge to the north. Also we put quite a lot of different traffic calming measurements throughout the traffic to take that into account. I think that's about it. If you have any questions. De Weerd: Council, questions for the applicant? Bird: I have none. Rountree: Madam Mayor? Meridian City Council February 21, 2006 Page 47 of 69 • De Weerd: Yes, Mr. Rountree. Rountree: What's your anticipated timing for the connection of Rumple Lane? Koga: We -- part of that will depend on how quick we start on the construction on this, number one. Not required to connect to there until we go for our -- pass our 50th lot on the development. But we are working -- there is two possibilities on the connections to Rumple. One is to work directly with the developers to the north and number two is to use the private Rumple Lane itself and in both cases we are working with both the ownerships and developers at the same time. Rountree: Okay. Thank you. De Weerd: Okay. Council, any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Two questions. The multi-use pathway that you have talked about on the Ridenbaugh Canal, will that be -- is that ten feet asphalt? Concrete? Koga: Yes, sir. Borton: Which is it? Asphalt or concrete? Koga: Asphalt. Gorton: Okay. Koga: It's the typical where from the edge of the boundaries we have to have a five foot landscape and, then, a ten foot pathway -- asphalt pathway system. Gorton: Okay. De Weerd: Okay. Any other questions? Thank you. Okay. Is there anyone who would like to provide public testimony on Items 17, 18 or 19? Okay. Mr. Wardle. Wardle: Madam Mayor, I move that we close the Public Hearing on Items 17, 18 and 19. Rountree: Second. Meridian City Council February 21, 2006 Page 48 of 69 De Weerd: Okay. There is a motion to close the public hearings on Items 17 through 19. If the applicant has no further comments? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 17, AZ 05-045, for Reflection Ridge Subdivision. Borton: Second. Bird: And approve the findings? Wardle: And to approve the findings, yes. De Weerd: Motion is to close -- I'm sorry. Approve Item 17. Rountree: Just one behind. De Weerd: -Along with the findings. Is there any discussion? Other than smartaleck comments? Okay. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we approve Item 18, PP 05-048 and to approve the findings. Borton: Second. De Weerd: Okay. Motion to approve Item 18. I assume there is no discussion. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 19. Mr. Wardle. Meridian City Council February 21, 2006 Page 49 of 69 Wardle: Madam Mayor, I'm -- as Anna says, moving to approve one of our final planned unit developments. I move that we approve Item 19, CUP 05-046, and to approve the findings. Borton: Second. De Weerd: Okay. The motion is to approve Item 19. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: I guess that motion also included an assumption that we hope is correct. Canning: Yes. It's got to be right one of these days. Item 20: Public Hearing: AZ 05-053 Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 North Meridian Road: Item 21: Public Hearing: PP 05-055 Request for Preliminary Plat approval of 24 building lots and 3 common lots on 5.87 acres in a proposed R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 North Meridian Road: De Weerd: Okay. Items 20 and 21 are Public Hearing AZ 05-053 and Public Hearing PP 05-055. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council. This is the Windham Place project and it's located east of Meridian Road and south of Ustick Road, so it's this also kind of flag-shaped property with very limited frontage on Meridian Road. Just -- the property just south of it still shows as Ada County, but the Council recently voted to annex that property and approved Brynholt Subdivision on that property. So, this completes the city's urban fabric in this area. The applicant is proposing approval of 22 attached single family lots and, then, one detached single family lot for new construction and, then, one lot for the existing home and, then, three common lots. So, that the staff report inaccurately pointed out an error in the applicant's request, if that makes sense. So, there are 24 total build-able lots with this request. The gross residential density is 4.09 units per acre. And we do not have elevations for the proposed attached units and perhaps the applicant has some pictures that they can provide and I can put on the board. But we did not have any in our files. The street pattern does connect up to the existing street to the east. And, then, Brynholt Subdivision extended this public street connection and that's the one you see it connected to. The other Brynholt, then, loops these other stub streets going into that. So, what you see is the one stub street coming through Brynholt and connecting to the stub street from the east. Okay. The Commission did recommend approval of this at their January 5th hearing. Peter Harris • Meridian City Council February 21, 2006 Page 50 of 69 spoke in favor of the application and no one spoke in opposition. The key issues of the discussion by the Commission were the multi-use pathway along the North Slough. And you see it come down here and there was discussion to extend it. I thought we got a revised plan. This one's very difficult to read. But you can see here in this little sketch that the open space has been extended now to include the entire pathway area. No, that's not right. I'm sorry. I thought I had gotten revised plans in here and now I'm not sure I did. We may need to put it up on the board. I do have a revised eight and a half by eleven. I can show it to you. I can talk about it. Basically, what it does is it continues the open space to this whole area below the North Slough and it continues the pathway through that property there. So, the existing home lot would just go to the - - the North Slough would be their south boundary is, essentially, how that got modified by the Planning and Zoning Commission. Those were recommendations from staff, so there was -- going into the Planning and Zoning Commission hearing, so there was no substantial changes, other than those recommended by staff. There are no outstanding issues to staffs knowledge and you do have findings for approval. And I will end the presentation there and if you would like me to get the overhead projector up so I can show you the revised landscape plan, I can do that. De Weerd: Okay. Council, do you want her to prepare that so you can see the revision? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If she's comfortable with it, I don't need to see it. Canning: Okay. I am, ma'am. De Weerd: Okay. Bird: Thank you. De Weerd: Okay. Is the applicant here? Harris: Good evening, Madam Mayor, Members of the Council. My name is Peter Harris. I spoke last time has the applicant, so kind of nice to get a voice in favor and be the applicant at the same time. De Weerd: If you will, please, state your address for -- Harris: Oh, address? De Weerd: Uh-huh. Harris: 6951 Duncan Lane, Boise. Meridian City Council February 21, 2006 Page 51 of 69 De Weerd: Thank you. ~~ Harris: And we have continued the path down through this area here and it ties into the path that's shown in the Brynholt Subdivision. It's all south of the South Slough, so the path will continue all the way up and connect up here to the road. And as Anna said, this is all common down here to continue on down to this area. The attached product here -- I guess we maybe missed that as far as getting elevations to you, but they are going to be similar to the elevations of the townhouses that are over here in the Highgate Subdivision that are in the front half of this project over here. It's a similar project as what we design these products here after. And, then, there is one single family home as she stated in this -- in this mix. Other than that, we are happy to see this section fill up and finish this. And if there is any questions? De Weerd: Council, questions for the applicant? Bird: I have none, Mayor. Harris: Thank you. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone wishing to provide testimony on Items 20 or 21? Okay. Seeing none, Council? Any additional information needed? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we close the Public Hearing AZ 05-053 and PP 05-055. Bird: Second. De Weerd: Okay. Motion to close the public hearings on 20 and 21. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we approve AZ 05-053, request for annexation and zoning for the Windham Place Subdivision. Bird: Second. • Meridian City Council February 21, 2006 Page 52 of 69 De Weerd: Okay. Item 20 is a motion to approve. If there is -- 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. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve PP 05-055, preliminary plat for Windham Place Subdivision. Bird: Second. De Weerd: Okay. Motion to approve Item 21 with the revised plat. Do you have a date for that plat? Canning: No, Madam Mayor, I don't. It says -- it just states February 2000, but -- De Weerd: Okay. That's close enough. Is that a good enough date for Council? Bird: It is for me. De Weerd: Okay. Any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: AZ 05-059 Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian Hiah School Ball Field and Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: Item 23: Public Hearing: CUP 05-053 Request for Conditional Use Permit for ball field lighting adjoining a residential district for Meridian High School Ball Field ~ Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: Item 24: Public Hearing: VAR 06-003 Request for a Variance to UDC 11-3A-11C for exposed light bulbs for athletic field lights for Meridian Hiah School Ball Fields by Hummel Architects - 1900 West Pine Avenue: De Weerd: Thank you. Items 22, 23 and 24 are public hearings AZ 05-059, CUP 05- 053 and VAR 06-003. I will open these three public hearings with staff comments. Meridian City Council February 21, 2006 Page 53 of 69 Canning: Madam Mayor, Members of the Council, this is the Meridian High School ball field and technical center project. I understand that most of you know where Meridian High School is. This project -- they are requesting to annex a portion of the property. Some of it had been previously annexed and some had not. So, the annexation and zoning is for 9.71 acres, but the conditional use is for 14.26 acres. And, then, the variance is for the ball fields. So, it's a little bit confusing that way. This is the site layout. The technical center is located on the southern end of the property and, then, you see three ball fields on the northern and northwestern portions of the property. The technical center -- the proposed square footage is 68,875 square feet and it is in one building. There wasn't much discussion about those, so I'm going to move on and discuss the variance application, which the Planning and Zoning Commission did not consider, but I wanted to explain a little bit about what that was. And that variance request is for exposed light bulbs on the proposed athletic field lighting fixtures. So, it would be the lights for all three fixtures or -- they may only be proposing one. The applicant will have to indicate which ones have the proposed lights. And I believe they have ademonstration -- or a model of the fixture for you that they can show you. I just wanted to provide a little background on the requirement for down-shielding that's in the Unified Development Code. It's really a -- kind of a two-fold purpose. The one is primarily to reduce glare to the surrounding property owners and I think you have heard from -- in other developments where they have had just ornamental street lights that cause the glare to surrounding properties and we have heard that frequently. So, that's part of the requirement for the down-shielding. The other benefit to down-shielding lights, which we don't discuss very much here, is just that it prevents from uplighting or it helps to keep the dark sky and I don't know if you have ever heard that term before, but it's people that like to look at the night sky, that like to look at all the stars and the constellations, get concerned with all the uplighting. So, those are kind of the two principles behind requiring downshielding. I think the school has addressed the glare issue to the best of their ability and can demonstrate that tonight. The variance -- staff does recognize that ball fields are a unique use and they are difficult to downshield completely. So, recognizing that this is an unusual and unique use, staff has recommended approval of the variance application. We do have elevations for the technical center. I think they go on for pages and pages. It's a long building. And this is just that if you don't understand that term uplighting, these were just some examples from the Unified Development Code that showed the difference between what's an uplit and what's not. And, basically, you just want to direct all that light to not be going upwards and you will see that all these fixtures shield that -- that bulb to keep it from lighting upward. The Commission heard this item on January 5th while they heard the annexation and zoning and conditional use on January 5th. In favor were Margie Kennedy, Wendell Bigham, and Don Nesbitt. In opposition no one. And commenting was Paul Geile and he is their neighbor to the west. Key issues of discussion by the Commission were the design of the ball field lighting and the tiling of the Rutledge Canal and that's along this -- how does one describe that for the record? It would be the western portion of the site, the northwestern portion of the site is where the Rutledge Canal flows. And the impact of the proposal on adjacent properties. There was no major changes to staffs initial recommendation and the outstanding issues for City .~ Meridian City Council February 21, 2006 Page 54 of 69 Council, the applicant has requested that they not be required to the the Rutledge Lateral, but we have -- we believe that the adjoining property owner Mr. Geile would like to see it tiled. So, that seems to be the only outstanding issue and you do have approval for all items before you. And I will answer any questions you may have. De Weerd: Council, any questions for staff? Bird: Not at this time. Rountree: None right now. De Weerd: Okay. Would the applicant like to comment? Please state your name and address for the record. Kennedy: Sure. My name is Margie Kennedy. At 2785 Bogus Basin Road. I'm with Rummell Architects, the architects working with Meridian School District on this project. And Madam Mayor and City Council Members, I'd just like to let you know that Meridian School is excited about this project. Meridian High hasn't seen any improvements for many years and this will definitely add something to their camp which they have been seeing all the other newer schools, so this is kind of exciting for them. Annexation will -- will be mainly for the athletic fields that Anna was talking about. We have the varsity baseball field and a softball field and a practice field, which are a desired amenity for the high school, since they have never had their own varsity baseball field, they have always had to go off campus, so it's for them. This is a pretty important thing for them. We only have the field lighting on the Varsity baseball field and the softball field. There is no lights proposed for the practice field right now. And just to kind of go into a little bit more explanation on these lights, you have probably all seen athletic sports field lights where they actually have nine -- they are kind of conical shaped, nine lights that are all kind of lined up together and they are -- like Anna said, they are -- these are the most state of the art light fixtures that we could find. Mountain View that was done not too long ago, has very similar lights, although since, then, technology has even come farther. So, the glare of these lights can direct -- they can prevent the glare from going to the sides onto adjacent properties. For example, if we ran a foot candle study and the middle of the field is what would be 50-foot candles and by the time the glare reaches the property lines we are down to like .1 foot candles. So, these lights do prevent the uptight and the sideways as well. We have also taken some great depth at designing the height of the light fixtures, which is important, because we want to make sure that the lights are up so that they are shining down and not too short so they are shining straight across the field and into the neighborhoods and the houses and stuff. So, we do have those designed at a specific height to work best for the baseball fields. We have also agreed that after a baseball game that this nine light fixture -- we would be able to turn off all of the lights but one for the maintenance and clean-up crews and whoever is left remaining there. So, we will be designing the fixtures to accommodate that. I know there has been some discussion on what time the lights go out and, you know, would love to say that 11:00 o'clock the lights go out, but you know what happens if you're in overtime and innings, I mean a majority of the time they will be out by then, Meridian City Council ~ • February 21, 2006 Page 55 of 69 but for someone to pull the plug at 11:00, I think you might have a lot of unhappy spectators and stuff. But you have to remember these lights are a seasonal amenity, it's not something that we have on all the time, so just kind of keep that in mind when you're -- it's not something we are going to have everyday. The conditional use that we are applying for is for the technical center, which right now they have an existing auto body, auto technology, welding program right now that is award winning and they cannot take in as many students as they could fill the classes with, so this building will have those programs and it will fill up. So, they are all excited about that building being put up there. One of the last items that I think Anna touched on was tiling of the ditch there. The school district feels that we still have to provide the irrigation district access to that area. So, if we were to the it, we really wouldn't pick up any additional land, because we would still have to allow that access by them and the fence would stay in the exact same place. And so we kind of feel like the public isn't gaining anything by spending another hundred thousand dollars to the the ditch. And, then, the other comment was about public safety, are we changing it, are we -- can we preserve the safety that we have now and the answer is yes. I mean the ditch is there now, the ditch would continue to stay there now, so we don't feel like we are changing an existing condition at all. So, with that in mind, just like you to know that we are excited about the project and hope you can waive the requirement for tiling of the ditch. And I thank you. De Weerd: Okay. Council, any questions of the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On your lights on your baseball field, how tall are you going to go? Kennedy: Eighty feet. Bird: Eighty feet. How many poles are you going to have around your -- Kennedy: The varsity field has two on the curve area and two on the straight sides and the same is for the softball. So, they have four total. Bird: Four light standards? The softball field won't be eighty feet, will they? Kennedy: No, they are a little bit lower, but not much lower, because, still, we have got to -- Bird: Do you know right offhand -- or maybe Wendell does -- what's the height on the football field lights? I don't -- they are not as high as baseball. Football don't have to be as high. Kennedy: And, you know, those lights are so antiquated, those are just not even something to compare these new lights to. Meridian City Council • February 21, 2006 Page 56 of 69 De Weerd: Any other questions from Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: What's the recommended pipe size for tiling the ditch, do we know? Grady: Madam Mayor, Members of the Council, normally anything over 48 inches we will waive that requirement. That's just been a rule of thumb. And I'm not sure what the requirement is on this. Kennedy: Well, we just tiled another portion and it was 36. De Weerd: Okay. Any other questions, Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mrs. Kennedy, can you show me out here with the pointer what -- I know a portion of it's going to be tiled. Kennedy: Uh-huh. Borton: What's the portion that you're referencing that wouldn't be? Kennedy: Starting from right here. Borton: Right. Kennedy: I think it's daylighted. It would not be tiled up to here. Which right now this is Mr. Geile's land. This new acreage that we are annexing is actually kind of landlocked there, which makes it kind of nice for the school district to use. And up here there is another canal and, then, up a little higher here is some residential. Borton: Madam Mayor? De Weerd: Yes. Borton: Was there some discussion I think at P&Z to try to show the expense of -- Kennedy: Yes. We have approached the owner in previous discussions with them and they have declined. Meridian City Council • February 21, 2006 Page 57 of 69 Gorton: Is that still the district's offer? Kennedy: I believe so. De Weerd: Any other questions? I guess my question would be, then, are you -- are you providing fencing, then, if you leave the ditch open? Kennedy: Yes. Our entire site has a six foot chain link fence around it. De Weerd: So, you will do it property side of that ditch? Kennedy: It would be on our side of the ditch. And, actually, we are even providing for irrigation district people to access the canal from our side as well. So, it would be the canal, their 18 feet, and, then, the fence. De Weerd: Thank you. Okay. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council, I was under the impression that the applicant would bring -- would be bringing photometrics and copies of what those light fixtures look like, so we could add them to the record and I have not seen them. Hopefully, you have -- Kennedy: I do have an eight and a half by eleven of this and I, actually, have a blow up of the photometrics, if you want me to show it. Canning: And, Madam Mayor, I don't know if it's necessary to look at them, I just wanted to make sure that we had them in the record, so that we had something to evaluate when they came in for their certificate of zoning compliance application, so that's -- De Weerd: Thank you. Okay. If you could submit that to the clerk, we'd appreciate that. Kennedy: Okay. Thank you. De Weerd: Okay. If there is no further questions -- thank you. This is a Public Hearing. Is there anyone who would like to provide testimony? If you will, please, state your name and address for the record. Geile: My name is Thomas Geile and I live at 2150 West Pine and I am the property owner west of this project. De Weerd: Okay. Thank you, Tom. Meridian City Council February 21, 2006 Page 58 of 69 Geile: And I just want to read something and it doesn't have the mechanics of this project, but it has something to do with what has happened to my integrity, I believe, that was stated by some people of the school. In the previous testimony from the Planning and Zoning meeting of January 5, 2006, Mr. Bigham expressed some dissatisfaction with my handling of two items. From his remarks I inferred that I felt he felt that I had declined several offers and by doing so was being a difficult neighbor to this development. Item one. The assessment of 20 feet and, then, ten feet by approximately 200 feet of my property for the ditch rider to get from their property to the new weir box. I declined this offer because it would not benefit my property and no compensation was ever offered. In the minutes of this meeting Marge Kennedy of Hummell Architects noted that they had found another route on school property. I was disappointed that Mr. Bigham would bring this up after the route had been established. I felt that this made me look like I was being a difficult neighbor to this project. Item two. Tiling of the Rutledge Canal also noted in the P&Z meeting of January 5. The school says that the access road with a ditch rider needs to be kept open. The access road is on my side of the canal and will not be closed and it's always been on my side of the canal. Mr. Bigham feels that my turning down of the offer to pay for half of the tiling of the canal is not being cooperative. At the time this offer was made, my understanding of city code was that the developing party is to the the canal. My son personally witnessed a student push another student into the canal. I have seen many students -- other children play in this canal. Many students have hidden in the canal to smoke or drink. I should not be expected to share the increased liability that Meridian High School is bringing to this area. I was here years before the school was built and have endured the noise, the traffic, and literally hundreds of trespassers. One day 20 arrows were retrieved from my field. I have picked up several dozen softballs and baseballs from my property. Who knows how many golf balls are currently in my field. At one time I stopped an entire cross-country team of runners, coach included, after they had passed a no trespassing sign and climbed over a locked chained gate. As far as I'm concerned, I have not requested anything from this applicant beyond the existing requirements. I'm asking only that my and surrounding neighbors interests be balanced against legitimate needs of the school. I believe that my requests are reasonable, consistent with city code. I would expect this applicant to be treated as any other applicant. Thank you. De Weerd: Thank you. Geile: Any questions? De Weerd: Council, any questions? Thank you, sir. Rountree: Well, wait a minute, Madam Mayor. I do have a question. De Weerd: I'm sorry. Mr. Geile. Geile: Excuse me. Meridian City Council ~ • February 21, 2006 Page 59 of 69 Rountree: I do looking at my notes. You indicated that the irrigation access road is on your side of the canal. Geile: Yes. I am on the south side of the canal and there is 900 feet from where the corner right there goes out and to the end of the property. There is 900 feet there. And there is a ditch rider road that has always been on my side of the canal, always there. So, the school shouldn't be concerned. Rountree: How is that accessed? Geile: There is a gate from the cul-de-sac right at the very northwest corner of this project. Rountree: Coming out of the sub? Geile: In Haven Cove Five. Rountree: Okay. Geile: And, then, it comes down and, then, went across where the new ball field is going to be -- it's now tiled. And they wanted an access from where the -- can we put up another photo there. That they wanted access on my property about 250 feet from this corner down to here, because they talked about bringing a road into here where this road is, there is a road in here some place. I guess that's it. And, then, they wanted the access to there. And, of course, I declined, because it was no benefit to me. Thank you. De Weerd: Thank you, Mr. Geile. Any other questions? Okay. Is there anymore testimony? P. Geile: My name is Paul Geile. I live at 4717 Willow Lane in Boise. Idaho. And I wanted to make sure everyone got a letter that I sent in advance outlining a couple of items that were relative to this project. If I can cover them again real quickly. On the ball field variance, I think it's reasonable the variance be issued for the exposed bulk portion of that. I want some good reassurance that the design -- the final design has every other effort being made to limit the spillage onto my property. When I spoke to Josh Wilson, he gave me the impression that a pretty good faith effort is being made to do that, but I kind of would like to hear that either in writing or from the Council. And on the same subject as lighting, Boise has run for many years with a lights out policy at 11:00 and I spoke two days ago with the head of Boise parks and asked them how difficult that is to live with and his response was that it's -- it's aself-imposed limitation and if you're right in the middle of a pop fly, those lights will go out and every player understands that. They have had tournament games that have been called for the amount of time and that's the way they choose to do it, because that's what respects the wishes of the neighbors. On the tiling of the Rutledge Canal, outlined in that letter are a Meridian City Council February 21, 2006 Page 60 of 69 fair amount of safety issues that it just -- it's an odd place to get a waiver for tiling a canal. My understanding is that getting a waiver of this kind is a relatively rare event and this is a particularly difficult place. Like my dad has said, we have seen many many many many trespassers down this ditch. I, myself, have disposed of probably a hundred softballs that we have picked up from our property. And since Meridian in their testimony in previous meetings has indicated that public will be allowed access to this area on occasion -- the high school kids, a ball goes over the fence, they are willing to let it go, but I think, you know, when the church group shows up and the balls are eight or ten bucks apiece, they may be very tempted to go after them. And in this -- in this letter that I sent to you earlier, that it does create a very awkward area that if the fence is six foot slatted as promised by the applicant, it will create an area that is very difficult to secure and very difficult to respond to an emergency if there is one and the tiling of the Rutledge, it -- I got an estimate for two foot pipe delivered to our house, 21 bucks a foot. And had this project been planned properly to the point where Nampa-Meridian would have gone ahead and done the labor and we would have considered splitting half the cost, but we were never approached with any cost figure on splitting this canal and it is my understanding that the developing party tiles the ditch and if you have any questions as a result of that letter, I will be glad to take them. De Weerd: Okay. Council, any questions? Bird: I have none, Madam Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Geile, is it still, then, your offeror potential offer to split that cost? Geile: If -- I can't speak to my father's ability to go ahead and do that. My recommendation to him was if -- if at some point the city required us to split the cost, I would split half the cost of the materials only, which is the deal that Wendell could have gotten from Nampa-Meridian had he planned this ahead of time and done this from the beginning of the project. I don't know that we should have to split it at all and I would be amazed if the Council allowed a waiver for an open ditch with 800, 900 feet of new frontage up next to a public school. But that's, obviously, your option. In speaking around to other developers and even to your staff, I haven't found anybody that can remember a waiver being granted of that nature and if the decision gets made now in one piece on approval of these things, is -- the waiver is part of the annexation or is it part of the zoning or is it part of the CUP? Rountree: It's a variance. De Weerd: It is the variance. P. Geile: Well, the variance -- a variance I thought was -- Meridian City Council February 21, 2006 Page 61 of 69 De Weerd: It is part of the variance. P. Geile: Part of the variance. So, the variance has the lights and the ditch? Bird: No. Canning: Madam Mayor, no, the variance is just for the ball field. City Council -- it's just a request that the applicant can make and the City Council can grant. De Weerd: Okay. So, no, it is not part of the variance, it is part of the application. P. Geile: Okay. So, as I read the code, if it was -- it was very large requiring four feet or larger, if it was part of a water feature or if they could get a special dispensation from you they would not have to the that ditch. Again, my understanding is that would be an extraordinarily rare event. You can do that, but in looking at the safety hazards that are going to be present at that place, it would be -- it would be a very unusual thing. And the other half of that is if -- if by granting the waiver you indicate that a fence is adequate protection for the public for an open ditch, when our property comes to be developed one, two -- ten years from now, can we be afforded that same waiver. Because the position we don't want to be in is having you grant a waiver now, having us develop in two years and, then, you're telling us that the ditch has to be covered at our entire expense. So, as a general rule from what I have heard, you develop, you the the ditch. And there is public money involved, but we didn't choose to be neighbors to the public and we were not responsible for the traditional rule of having to pipe the ditch next to your development. Any other questions? Bird: I have none. De Weerd: Okay. Thank you. P. Geile: Thank you. De Weerd: Okay. Is there any further testimony? Bigham: Thank you, Madam Mayor. Wendell Bigham, 911 Meridian Road, Meridian, Idaho, representing Joint School District No. 2. To briefly address the issues and, then, we will go right to the tiling. On the lighting for the ball fields, we are trying our best to do the state of the art lighting that provides the minimum amount of cut off and the maximum amount of lighting on the play fields, so we -- as we have told Planning and Zoning staff, we believe we are doing all we can on the lighting. As we all know, the trade-off is those really high poles to get the lights down. The discussion about the lights out at 11:00 o'clock. I think the previous testimony from Don Nesbitt, principal at Meridian High School at the Planning and Zoning meeting indicated that on a good day the majority of the day's games are over by 10:00 o'clock at night. Rarely do they go on beyond 11:00, but, generally, there are instances where they do go on beyond 11:00 Meridian City Council • • February 21, 2006 Page 62 of 69 o'clock. Our policy would be to work with the neighborhood, but we would like to not have to call the game in its third overtime just because the lights needed to go out on a seasonal event. Mr. Geile's comments about Boise parks is certainly true, Boise parks does have a lights out at 11:00 o'clock. It is a parks and recreation department, not a sanctioned high school activity. So, we would prefer to be able to work with the neighborhood and I'm sure whatever concerns that Mr. Geile has that he wants to bring to us regarding lighting will only be exacerbated many times over when he does sell and/or develops his property. We will have many more neighbors than just one. So, it will be incumbent upon us to be a good neighbor. The safety issues that Mr. Geile was worried about, the existing campus used to have the open canal right here. Okay. Somewhere right through here. More or less right there. This part of the campus was an existing softball, it was fenced off with a chain link fence by an open ditch. We have that in a number of spots throughout the area. Things that we have tried to do, in no particular order of the discussions tonight, we originally tried to get a walking path on our property over to here to get the kids to walk to the school without coming down the canal right of way through Mr. Geile's property. We have been unsuccessful in finding an opening that we can get through down there. Should we ever find a way to get through to that subdivision, we will be proposing to put a path in here. Conversely, there may be another solution. Mr. Geile's comment about the ditch rider's right of way -- typically they come in this way and, then, they have historically gone down his private drive to the road. We have had -- we have a roadway through here that was a canal right of way, but I don't think anyone's been down this ditch more than maybe once or twice a year. It's a very low traveled area, so -- do you want me to continue or cut it off? De Weerd: Council? Bird: Let's hear it. De Weerd: Okay. Bigham: Thank you, Madam Mayor. We first approached Mr. Geile to see if he would be interested in having the ditch rider be able to come out and go down his private drive. That was declined. We talked about bringing our access road in through here. The next offer to him was that we split it ten foot on each side of the property line for the ditch rider's access. He declined that. So, we now have a turnaround here and we actually have a fire road coming clear back here now. So, we are able to get through a series of gates, the ditch rider, out back to this place so he can -- if he chooses to go through our property. So, we got that resolved. The fencing issue along here, it is a six foot high chain link fence, if my memory is any good. The slats are in the fence at the Geiles family request. If the site vision into there is problematic, we will gladly take the slats out of the fence. But that condition exists in a number of places. The tiling of the Rutledge Lateral -- understand the code. I also put on, if you will, just briefly, the taxpayer's hat that I have to wear. Because the property line essentially runs down the center of the irrigation ditch, the first day and the first pays philosophy is a little bit unfair. So, at the first neighborhood open house meeting suggested to the Geiles family that they entertain partnering with us to the the ditch and at that time I didn't know how Meridian City Council • February 21, 2006 Page 63 of 69 much it would cost and we were going to approach Nampa-Meridian to do the tiling. They provide the labor and equipment for nothing. That was declined. I think my offer was about 25 cents on the dollar. This portion of the ditch is tiled. We are -- excuse me -- out about 60,000 dollars in material. Nampa-Meridian is providing the labor. So, if material costs of this chunk of 60 inch line -- or 36 inch line is 60,000 dollars, this is, what, 75,000 dollars worth of materials to go down through here. What we would offer is, yet today, we would be willing to share the cost of tiling that ditch on a 50-50 basis, either by lump sum bid or by partnering with Nampa-Meridian. So, Mr. Geile's comment that we would be willing to pay for half of the pipe would be a legitimate offer if we can get Nampa-Meridian to do it this time next year, in the wintertime. If not, I still would prefer to leave the ditch open. We are willing to have a condition placed upon this that when the development of that property comes up, that we have an obligation to share 50-50 in the tiling of that ditch. We truly believe we have an obligation, but we do not feel it is right that we bear the full obligation, because this fence, whether it's tiled or not, is in the same line. It's on the edge of the canal company right of way. So, by tiling the ditch we get no enjoyment of that investment for the taxpayers. It is simply 18 feet of open space and a tiled ditch, which this developer, when they develop this, will be their setbacks or some kind of a greenbelt walking path or something. So, that's kind of where we are on the tiling of the Rutledge Lateral. We are trying to be neighborly. It is a big expense and we would prefer to work with the Geiles or whoever they sell the land to, so that we can step up and meet at least half of the taxpayers obligations. And think with that I would simply stand for questions if you have any. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Do you have any indication from the Boise School District with their high school locations, whether or not they have any restrictions on the use of lights in their facilities? Bigham: Madam Mayor, Councilman, not specifically. Up to the year 2000 I worked for the Boise School District and there was no restrictions. That doesn't mean that there aren't any. I honestly don't know. Rountree: Thank you. De Weerd: Do you have restrictions on any of your other fields for the lights? Bigham: Madam Mayor, not to my knowledge. De Weerd: Okay. Any other questions? Borton: Madam Mayor? Meridian City Council ~ • February 21, 2006 Page 64 of 69 De Weerd: Mr. Borton. Borton: Mr. Bigham, this open canal on the northern boundary -- Bigham: Madam Mayor, Commissioner Borton, you're talking along here? Borton: Right. Bigham: Yeah. It's a drain ditch. Bird: It's a drain ditch. Yeah. Borton: Okay. De Weerd: Okay. Any other questions? Any questions, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got one question. Maybe I should ask Mr. Geile, but does he still irrigate out of the Rutledge? No. No. I think Wendell can answer that. Bigham: Madam Mayor, Commissioner Bird, yes, we have changed the Geile's property point of diversion that used to be up here and ran through in an open ditch, we are building a new diversion structure here for the Geile's water right. Bird: So, they still flood irrigate out of that? Bigham: Still flood out of there. Bird: Thank you. De Weerd: Okay. If there is no further questions from Council -- thank you. Bigham: Thank you. De Weerd: Mr. Bird, did you say you had a question for Mr. Geile? Bird: He just answered, but if he'd like to come up for the record, I'd appreciate it. One of the two. De Weerd: If you will restate your name for the record. Meridian City Council • February 21, 2006 Page 65 of 69 P. Geile: My name is Paul Geile, I live at 21 -- excuse me. That's my dad's address. 4717 Willow Lane in Boise. And it is correct that our original point to get water was in this location. That weir box has been changed and our new location to get water will be right there. At this time we run it to a pump approximately there and it's in gated pipe for the entire acreage. De Weerd: Okay. Mr. Bird? Bird: That answered my question. De Weerd: Okay. P. Geile: Any other questions? De Weerd: No. Thank you. Bird: Thank you. Borton: Madam Mayor? De Weerd: Mr. Gorton. Gorton: I do have one question for Mr. Geile, Senior. Despite what may or may not have happened or been discussed or not discussed in prior meetings, at least what we hear today -- what I hear is a renewed or a new effort and gesture by the school district to share an expense that -- now that we now have a figure of what that might be, I'm just curious if you have got an official response now, regardless of whether it was proposed before or not, whether you're willing to share that expense on the material, assuming Nampa-Meridian Irrigation can do the labor next winter. Geile: I believe my son has checked the price of the pipe and that was around 18,000 dollars total delivered to the site for the same size pipe that is delivered now. So, the cost is not evidently -- for the pipe is not what they had -- the school has said it is. Not in the 100,000 or 75,000 dollars. The total cost of the pipe to this site is 18,000 dollars. So, if the Nampa-Meridian Irrigation District would do that, as they have done for this short piece, it would cost about 8,000, 9,000 dollars -- say 10,000 dollars each. Gorton: I thought that -- I thought -- Madam Mayor? I thought that the other pipe was 36 inches and the pipe that your son is referencing -- Geile: I do not know exactly what it is, but it appears to be about 30, maybe 36, but whatever that is, the same size pipe that they delivered to that location now. Borton: Is the disagreement, then, not that you're both willing to share, but as to what that expense would be? Meridian Ciry Council • • February 21, 2006 Page 66 of 69 Geile: At sometime I guess I would be interested in sharing, but as I see it, the city code, without -- with the waiver, would allow them just a fence for protection against that canal. Actually, I would be -- I would want the same consideration if I develop next week or two or three years, that a fence on my side of the property would be protection for the canal. So, I see -- whatever you decide on the waiver is yours, but I see that what your code has said is the the canal. So, whatever you -- whatever you have to decide I guess I'll live with. Borton: Okay. De Weerd: Okay. Borton: Thank you. De Weerd: Thank you, Mr. Geiles. Okay. Any final comment? Council, any additional information needed? Okay. What would you like to do? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I guess not hearing nobody else wants to speak up in the Public Hearing and I guess we have all got what we need, so I move we close the public hearings for AZ 05- 059, CUP 05-053 and VAR 06-003. Rountree: Second. De Weerd: Okay. The motion is to close the public hearings on Item 22 through 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, if there is no discussion, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve AZ 05-059, request for annexation and zoning for the Meridian High School ball field and technical center. Bird: Second. De Weerd: Okay. Motion is to approve Item 22. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council February 21, 2006 Page 67 of 69 MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 23. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve CUP 05-053, for the Conditional Use Permit of the ball field lighting, Meridian High School ball field. De Weerd: Okay. I have a motion to approve Item 23. Do I have a second? Rountree: Second. De Weerd: Okay. Is there any discussion? Mr. Berg. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: It would be -- yeah, this -- the the is in the CUP. So, you want to -- do you want to do what the staff recommended or -- or is the motion to leave it open? Borton: I'll clarify the motion. Bird: Okay. Borton: The motion does not provide for the waiver of tiling the Rutledge Canal on CUP 05-053. Rountree: Second agrees. De Weerd: Okay. Bird: So, in other words, they got to the it? Borton: Correct. Bird: Okay. De Weerd: Okay. Item 23, the motion is to approve. Canning: Madam Mayor, staff didn't hear the with or without part. Was that -- all we heard was with or without and we are not sure which one you stated. Meridian City Council • • February 21, 2006 Page 68 of 69 De Weerd: With tilting. Canning: With tiling. Borton: Without the waiver. Canning: Okay. De Weerd: With tiling, without the waiver. Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 24. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve 06-003, request for variance for exposed light bulbs for the athletic fields -- ball fields for Meridian High School. Rountree: Second. De Weerd: Okay. The motion is to approve Item 24. Is there any discussion? Borton: And to include staff comments and requirements to have photos something something provided to you as part of it. Canning: She's going to hand the clerk those right now. Borton: Okay. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. That is the conclusion of our agenda. I would entertain a motion to adjourn. Bird: So moved. Meridian City Council February 21, 2006 Page 69 of 69 Rountree: Second. De Weerd: Okay. All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 10:38 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ ~~~ d6 MAYOR T DE WEERD DATE APPROVED ATTESTED: ~!l~C--" t WILLIAM G. BERG JR , CI CLERK February 17, 2006 MERIDIAN CITY COUNCIL MEETING February 21,2006 APPLICANT ITEM NO. Jr-A REQUEST Approve Minutes of February 7, 200b City Council Regular Meeting 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 at pubUc meetings shall become properly of the Clty of Meridian. February 17, 2006 MERIDIAN CITY COUNCIL MEETING February 21,2006 APPLICANT ITEM NO. S-B REQUEST Approve New Beer License for Pier 49 Pizza by MD Pizza, LLC at 3665 E. Overland 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldtan. February 17, 200b MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT ITEM NO. S-C REQUEST Approve New Beer License for Jacksons Food Stores No. 105 by Jackson Food Stores at 3291 East 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: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. February 17, 2006 MI 04-016 MERIDIAN CITY COUNCIL MEETING February 21,2006 APPLICANT Buffalo Hump, LLC ITEM NO. S-D REQUEST Addendum to Development Agreement -Request for a Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision - 420 Waltman Courf 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: See aRached Addendum to Development Agmt Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .OD 1 BOISE IDAHO D3107106 09:94 AM DEPUTY PatttTtlompson ~ ~~~ "~~~~~'~~j~~ltllll~1111~I~~Il~rll RECORDED-REQUEST OF City of Meridian ~ 1~31y63~#7~5 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING SECTION 4.1.9 AND SECTION ON PAGE 6 PARTIES: 1. City of Meridian 2. John Goode, Owner 3. Buffalo Hump, LLC Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT (this "Agreement"}, entered into an the 19~' day of April, 1999. This addendum is made and entered into thisday of £~iQ~w~i , 2005, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and JOHN GOADE, whose address is 2447 N. Silverleaf, Meridian, Idaho 83642, hereinafter called "OWNER, and BUFFALO HUMP, LLC, whose address is P.O. Box 6766, Boise, Idaho 83707 hereinafter called "DEVELOPER". OWNER AND DEVELOPER agree to be bound by the terms of.the original Development Agreement, on the land described in Exhibit "A", except as specifically to the deletion of Section 4.1.9 on page 6 of Conditions Governing Development of Subject Property. 1. A preliminary plat has been presented and approved by the Planning and Zoning Commission and the City Council for development within this annexation. The proposed plat for the subject annexation is in compliance with the City of Meridian Code, and development of inclusive lots will be performed in accordance with said Code. There is not a need for the conditional use process for development of permitted uses within the annexation. Rather, the City can rely on the City's "Zoning Schedule of Use Control" and Staff for these approvals. 2. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described DeveIapment Agreement, or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 3. That "Owner" and "Developer" agree to abide by all ordinances of the City of Meridian and the "Property°' shall be subject to de-annexation of the "Owner" or "Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of 1Vleridian as herein provided. ADDENDUM TO DEVELQPMENT AGREEMENT {MI-fl4-016 JOHN G©ADE} PAGE 1 OF 5 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representafiives, including "City's" corporate authorities and their successors in office. This addendum shall be binding on the "Owners" of the "Property", each subsequent owner and any other person(s) acquixing an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereon 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 "Owner" or "Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner" or "Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "owner and Developer" and "city" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express ar implied, between "owner and Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition tt> this addendum 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 adopted ordinance or resolution of "City" a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within 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. '1. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-016 JOHN GOADE} PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WFIEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY: AZiTAT7a T _ CITY OF iY~RIDIAN /' BY: / MAYOR T de WEERD ~;;1tE~l1lil3llJlJ~I~~,P! ~~~~`* ~~g+q A p rolffi Attest: `o° `~'~(y ~~~ ~~ r%~~ .. C CLERK ~B ~~ ~~ A~rr:~d`'°~il~iaea~ s~e~~A4~ ~;~~~~~A ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-OIb JOHN GOADE) PAGE 3 OF 5 STATE OF 1DAH0 ) ss COUNTY OF ADA ) On this day of ~"~~'~'~,- ~~~, in the year 2005, before me, a Notary Public, personally appeared r ~ `Ls~-r•~ , known or identified to me to be the ___ /, A~ ~ ~ c~ ~ of BUFFALO HUMP, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. ~~~'e~4reana~e~,~ r~ ,Ye®®A9amoo~ ~~®i •0® ~°~ FOR p,P. Y ; ®°`~ G ' ~i ®® PU~-~ @' T b rO+rZ~.a-..-••y~ STATE OF IDAHO ) S5 COUNTY OF ADA ) `y/~"` C~_ _ ~_ ~ Notary Public for Idaho Residing at: ~!l!~ {~in,.GJg, .cQ~eQ Commission expires:. 1 O ~~ ~l - aoD °1 •I'z. On this ~Jday of _ ~''~` in the year 2005, before me, a Notary Public, personally appeared JOHN ADE, known or identified to me to be the persons who exe to the ins nt~and~ aQcknowledged to me that they having executed the same. /~~ f~~~G~~%~-~ o~ ®°ro o~ ®®pP ®~a ~s~°®e~ i '~®® G .+ '~' ®+~oa+s~~ ~E ~®~ ,~,~ °°~a V~.,~...P.~. Notary Public for Idaho Residing at:~ ~. ~ Commission exp~! r~ ~ ay-~.o~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI-04-016 JOHN GOADE} PAGE 4 OF S STATE OF IDAHO ) ss County of Ada On this ti~ day of F in the year 2005, before me, a Notary Public, personally appeared Tammy de Weer and William G. Berg, Jr., know or identified 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. ~,aos..a e° A. ®® ~o 0 ,~ • ,. . cs'~'gT~~ .~ ® '~'. ; ® ,~ ~ 4 s • a o ®e®~F ~~o otary Public for Tdaho Residing at• ~ ~ (~ ti ~ u , lb Commission expires: ~~-t ~ -[ 1 ADDENDUM TO AEVELOPMENT AGREEMENT {MI-04-OI 6 JOHA1 GOADE) PAGE 5 OF 5 Exhitbit "A" C-G ZONING rARCEL A parcel of land being a portion of the SW I/4 NE 1/4 of Section I3, T. 3N., R. 1W., B.M., Ada County, Idaho, said parcel being mare particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R. I W., B.M., Ada County, Idaho; thence, N 89°52`22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 comer of said Section I3; thence, N. 00°13'15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; , Thence, N. 00°00"00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55°08'27" W. 2$4.18 feet to a point of beginning of curve; 'T'hence along a curve to the left 66.07 feet, said curare having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03° l8'S3" E. to a point of ending of curve; Thence N. 6 I °46' I3" E. 83.5 I feet; Thence N.00°13'15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East I/I6 Line; Thence, S. 00°13' 1 S" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acxes. L-O ZONING PARCEL A parcel of land being a portion of the SW I/4 NE II4 of Section I3, T.3N., R I W., B.M., ,Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East I/4 corner of Section I3, T.3N., R.IW., B.M,, Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section l3 to an iron pin marking the CE 1/I6 corner of said Section I3, said point being the POINT OF BEGINNING; Thence, N. 89°52'22" W, t 43.09 feet to the centerline of the Ten Mile Drain; Thence along~said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N'. 62°02'20" W . 797.87 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; 't`hence leaving said centerline, S. 89°54'50" E. 356.$6 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Txoutner Business Park, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°4I' 16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and the East 1/16 Line of said Section I3; Thence leaving said south line, and along said East 1/16 Line, S. QO°13'15" W. Ib6,93 feet; Thence, N. B9°46'45" W. 157.00 feet; Thence, S. 00°I3' I S" W. 191 AO feet; Thence, S. 61°4b'13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of 63°05'20", a radius of b0.00 feet, tangents of 36.83 feet, and a long chord of b2.7$ feet which bears S, 03° 18'53" W. to a point of ending of curve; Thence, S. 55°0$'27" E. 284.18 feet to said East 1/i6 Line; Thence, S. 00°13'.15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel containing 7.63 acxes. Msg/Z.1Work1MlMuidian 15360M1Goade~ExhibitA February 17, 2036 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST February 21, 2t~36 REM NO. S-E Change Order No. 1 f~ the Expansion ofi We1124 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See ~~+~ CITY PLANNING DIRECTOR: CITY ATTORNEY CRY POLICE DEPT: CITY FIRE DEPT: CRY BUILDING DEPT: CITY WATER DEPT: CRY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANRARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAWO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initwls: Materials presented at perbtic meei#regs still become property of flee C~1+ of MericiT~e. r *~~ 3 -~ ~ ~ •~ , t 3' ~ _ ~ ~ • ~ ® ~ ~~ ~- ~ 1~ • IVlemo 7'®: III Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 02/16/2006 'Lilt, ®~~~1T7f~7.d.%7. Re: Proposed Agenda Item for February 21, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 21 City Council agenda, under Consent Agenda, for Council's consideration: 1. Chance Order No 2 for the Centrate Tank Construction This change order reflects cost and schedule changes from minor and moderate design changes, material quantities, and word change directives accumulated during the process of construction. These items are outlined and detailed in the attached change order and requests for change order. Recommended Council Action: The Public Works Department recommends that City Council approve the Second Change Order for the Centrate Tank Project and authorize the Mayor to sign it. 2. Chance Order No 1 for the Expansion of Well 20 This change order reflects the adjustment of cost and schedule due to value engineering and unforeseen circumstances. Each item is detailed in the attached change order and change order requests. Recommended Council Action: The Public Works Department recommends that City Council approve -the First Change Order for the Expansion of Well 20 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 CHANGE ORDER N0.2 PROJECT: City of Meridian WWTP -Centrate Equalization Tank Project DATE OF ISSUANCE: February 13, 2006 EFFECTIVE DATE: February 13, 2006 OWNER: City ofMeridian CONTRACTOR: RSCI ENGINEER: Cazollo Engineers You are directed to make the following changes in the Contract Documents. 1. Add anchor bolts for future building enclosure to the top of the Centrate Pump Station foundation walls. 2. WCD 1B -Revise Centrate Drain Manhole and Non-Potable Water Valve 3. WCD 1B -Contract Credit to delete Slice Gate in Centrate Drain Manhole 4. WCD 1C -Revise Centrate Drain 5. WCD Z -Add Plug Valve to Centrate Drain Pump Station 6. WCD 3A -Provide 2" Potable Water Connection and Backflow Preventer to Truck Wash Building 7. WCD 3B -Remove and Replace Sludge Drying Bed wall for Drain and Non-Potable Water Connections 8. WCD 4 -Over-excavate and backfill below Centrate Equalization Tank. 9. WCD 5 -Install tracer wire on buried utilities 10. WCD 6 -Credit for revised grading and paving azound Centrate Equalization Tank 11. WCD 7 -Credit to delete chemical feed tubing 12. WCD 8 -Relocated Non-potable Water Hydrant at Centrate Equalization Tank 13. RFC 2 -Epoxy coat Centrate Equalization Tank floor to protect galvanized hardware. Reason for Change Order: Additional unforeseen conditions not included in the Contract. Attachments: RSCI Proposed Change Order No. 1, Sept. 21, 2005 for $172.59 (RFI) RSCI Proposed Change Order No. 3, Feb. 8, 2006 for ($1,528.88) (WCD 1C) Credit RSCI Proposed Change Order No. 4, Sept. 30, 2005 for $10,299.22.(WCD 4) RSCI Proposed Change Order No. 5, Nov. 4, 2005 for $(319.54).(WCD 1B) Credit RSCI Proposed Change Order No. 7, Nov. 4, 2005 for $9,853.22.(WCD 3B) RSCI Proposed Change Order No. 8, Nov. 4, 2005 for $6,086.40.(WCD 3A) RSCI Proposed Change-Order No. 9, Nov. 7, 2005 for $384.96.(WCD 5) RSCI Proposed Change Order No. 11, Feb 8, 2006 for $9156.34 (WCD 8) RSCI Proposed Change Order No. 13, Feb 8, 2006 for $9156.34 (WCD 8) RSCI Proposed Change Order No. 14, Feb 8, 2006 for ($1,156.34) (WCD 6) Credit RSCI Proposed Change Order No. 15 Feb 8, 2006 for ($672.59) (WCD 7) Credit (Change Order 2 contains 14 total pages) Page 1 of 2 CoPK CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIlVIES: Original Contract Price Original Contract Times $ 474 065.00 Substantial Completion: 270 Davs -December 2, 2005 Ready for final payment: 300 Davs - Januarv 1 2006 . days or dates Net Changes from previous Change Orders No. 1 Net Changes from previous Change Orders No. 1 $ 112 050.00 p Days Contract Price prior to this Change Order Contract Times prior to this Change order $ 586,115.00 Substantial Completion: 270 Davs -December 2.2005 Ready for final payment: 300 Davs - Januarv 1 2006 _ , days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 35 271.20 90 ~~ Contract Price with all approved Change Orders_ Contract Times with all approved Change Orders 621.386.20 Substantial Completion: 360 Days -March 2, 2006 R d f fi l ea y or na payment: 390 Davs -April 1.2006 days or dates RECOMMENDED BY ENGINEER: B `'~./ y Willi . Benko, P.E. Date: ~-G~ ~3 APPROVED BY OWNER: Brad Watson, P.E., Public Works Date: ACCEPTED BY CONTRACTOR: By:. ~~ `_ ontractor (Authorized Signature) Date: 7~i `~ ~n 4 Date: Tammy de Weerd, Mayor Page 2 of 2 Attest: William G. Berg, Jr., City Clerk Date: CDP`~ -K.~~-,1~. ' PI~OSED CHANGE ORDER 1854 East Lanark Street N0. 00001 Phone: 208-887-1401 Meridian, ID 83642 Fax: 208-888-9130 TITLE:Install Anchor Bolts Pymp Station DATE: 9/21/2005 PROJECT: Centrate Equalization.Project JOB: 323 TO: Attn: William J Benko, P.E. CONTRACT NO: Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 ~= To: From: Number: ~C'RIPLIO\ OFF'IlOYOSA1, '' _% ~~-- ___~___. d:kccti D,~rihtit~n _ (wain ~n~its ~° " r l,.uit l rice Cax.}ta.t~ I.ir .4itwum,FNet :luriq ~ u~ 00001 8 x1/2 Anchor Bolts 74.000 , , $0.59 5.00% $2.18 $45 84 00002 Layout 2.000 . $26.67 0.00'/0 $0.00 $5334 00003 Laborer 3.000 $1231 0.00% $0.00 $36.93 Unit Cost: $133.93 ' Unit Tax: $2.18 Unit Total: $136.11 Subtotal: $136.11 1),c~cr~p~n .tilarkup 1'crccnt 11.arlup :~~lit~nt ~. Fee 15.000% $20.42 Profit 10.000% $13.61 SUBTOTAL $170.14 Bond 1.440% $2.45 Total Cost: $172.59 By: By: Pat Finn William J Benko, P.E. Date: Date: - RS,CI' • ~- PI~O5ED CHANGE ORDER 1854 East Lanark Street No. 00003 Phone: 208-887-140] Meridian, ID 83642 Fax: 208-888-9130 TITLE: WCD 001 C Centrate Drain Connections PROJECT: Centrate Equalization Project TO: Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr_, Suite Z00 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: From: DATE: 2/8/2006 JOB: 323 CONTRACT NO: S324814 Number: t ~.~ ,~ m ., .;. .. s: )Ete- ~.-~ won .~~ : -, " _ . , , ~: ,.,-~ `"~,~. ~ ~ _ - ~ -- . ~..___: -- _~-=~~~_ . --~_, r `:. ti ~ _ . ~ . ~` - ~ttait Pnee Tax Ra~tc?lC,ax ~ino+>~ 7~7~etlgot 40001 00002 6 45 deg. 6x4 Tee 2.000 Fa , $7.56 5.00% $0.76 $15.88 0(1003 6x6 Sanitary Y's ].p00 gy $11.48 5.00% $0.57 $1205 40004 8" CD line 2.000 Ea $15.87 5.00% $1.59 $3333 00005 Manholes wJlids -125.000 I.f $3.47 5.00% ($2L69) ($455.44) -2.000 Ea $530.00 5.00% $53.00 ( ) ($l,t 13.00) Unit Cost: ($1,435.41) Unit Tax: ($71.77) Unit Total: ($1,507.18) Subtotal: ($1,507.18) D`e1;tPtion= . -T- , Markup percent 11iar~Anio Bond 1.440°/a ($21.70) Total Cost: ($1,528.88) APPROVAL: By: , `~- By: Susan Record Date: ;~ W Date: William J Benko, P.E. 1~CT` GE ORDER REQUEST No. 00004 1834. East Lanark Street Phone: 208-887-1401 Meridian, ID 83642 ~ Fax: 208-888-9130 TITLE: Over Excavation Tank Foundation DATE: 9/30/2005 PROJECT: Centrate Equalization Project TO: Attn: William ] Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone: 208-376-2288 Fax: 208-376 2251 ~~ To: From: ~E~T~~l~~a ~s . ~. ~~ JOB: 323 CONTRACT NO: S324814 .Number: ~t41EGf ~~ ~~' ~ r ~ s +'~~ ~ s l .. a . - Strata Tech for Visual 2,000 IiRS Subgrade Insp. WA1 Dewatering Pump 1.000 EA WAl Excavator - Casco Inv 1029042 1,000 EA WAI Operators 9.500 MHRS WAI Backhce -CAT Invoice 70X 1.000 EA 5804347 WA2 Operators 9.000 MHRS WA3 Structural Fill - Milce's Invoice 113.640 CY 105148 WA3 Operators ~ 16.000 MHRS WA3 Roller -Cat Invoice 70X 1.000 EA 5804433 WA3 Mirafi SOOx -Specialty Const 600.000 SY Supply Inv 0052559 IN ' WA4 Structural Fill -Mike's Invoice 24.880 CY WA4 Operators 17.000 MI3RS WAS Operators 17.000 MHRS WA6 Operators 10.000 MHRS Description Fee SUBTOTAL Bond `~'.~~~ . ~}. ~?'~'.8$'All~lfl~int Net A11101>:nt $39.00 0.00% $0.00 $78.00 $380.00 0.00% $0.00 $380.00 $2,565.70 4.36% $111.79 $2,565.70 $26.67 0.00% $0.00 $253.37 $819.80 4.12% $33.75 $819.80 $26.67 0.00% $0.00 $240.03 $9.25 5.00'/0 $52.56 $1,051.17 $26.67 0.00% $0.00 $426.72 $899.50 3.89% $35.00 $899.50 $0.74 5.00% $22.20 $444.00 $9.25 5.00% $11.51 $230.14 $26.67 0.00% $0.00 $453.39 $26.67 0.00% $0.00 $453.39 $26.67 0.00% $0.00 $266.70 Unit Cost: $8,561.91 Unit Tax: $266.81 Unit Total: $8,828.71 Subtotal: $8,828.71 1Vla~rl~p Percent Ailarliup Amount 15.000% $1,324.31 $10,153.02 1.440% $146.20 Total Cost: $10,299.22 RSCI ~ POSED CHANGE ORDER 1854 >~ street No. ooa4s Meridian, ID 83642 Phone: 208-887-1401 Fax: 208-888-9130 TITLE: Changes under WCD-OO1B PROJECT: Centrate Equalization Project DATE: I 1/4/2005 JOS: 323 TO: Attn: William J Benko, P.E_ Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 CONTRACT NO: 5324814 ~' To ., ,. ~ Fr u m .,~ ... ~u,.. _ ~` .~'~1P'~,'~~A'T~ ~"*~~ _~'=~ :ate _ ~,=, _ --_ ; This proposal addresses changes directed under WCD-OO1B. :;-. ` .p ~, ~~ ~ '~°„ ~' ~ ~ fir. ~ tom, _~ : ;.~ .. ° ~ ~ ~~~ }~ ~"~ - .~:~ - m- -. ce ...:. TaxRate - Un,1Psl AvIIOUntNef 00001 8 Mechanical Plug w/ SS wingnut and Bolt. 1,000 IS $45.00 0.00% $0 00 $45 00 00002 Riser & Valve Box l-~ ~ . $225.00 0.00% $0 00 . $225 00 00003 Change MH configuration 1.000 LS . $0.00 0.00% $0.00 . 00 $0 00004 Demo Concrete Hacasement on existing line. 6.000 MI-IItS o $22.50 0 00% $0 00 . 00005 Demo Equipme°t (Compressor & Breaker) ] 000 IS . . $135.00 40006 Shear Gate . $75.00 0.00% $0.00 $75.00 -1.000 Ea $745.00 0.00% $0.00 ($795.00) Unit Cost: ($315A0) Unit Tax: $0.00 Unit Total: ($315.00} Subtotal: ($315.00) ~;~ib~~ - `~- Mar-kup Ferc # N L iz` `~ ~ m ,.. en , ~lr u, 1' l ou: SUBTOTAL ($315.00) Bond 1.440% ($4.54) Total Cost: ($319.54) APPROVAL: >gy: ~ !~ ~ By: Susan Record William J Benko, P.E. Date: Date: eoa W - RS.CI' , PI~'OSED CHANGE ORDER No. 00007 1854 East Lanark Street Phone: 208-887-1401 Meridian, ID 83642 Fax: 208-888-9130 TITLE: Demo and Add Stair per WCD-003B PROJECT: Centrate Equalization Project DATE: 11/4/2005 JOB: 323 TO: Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone: 208-376-2288 Fax: -208-376-2251 CONTRACT NO: S324814 RE: To: From: Number: II~CRIPTPQI~T~~'P~LOP(JSAI~'- .u~ ~~ u~:: _ = _~ ,_ ;~ - .-- .. - ~ , ~ ._~ .y r V4 , . This proposal addresses additional work dvected under WCD-003B. _.. _ . item `" ~:~`, `.~ . , - Dest•.ri~iion,.- ~;; ,~;~ ~` n ' ~Llatis5 ,-~ _ Qua , , IIui# Price ~. Taa'~ate`lraz ~otffitl --• ?~41sii 0001 DEMOLI'i70N 0 $0.00 0.00'/0 $0.00 $0.00 OOOIA Acore -Concrete cutting for Demo 1.000 is $500.00 0.00% $0.(10 $500.00 0001 B Equipment Rental for Demo 1.000 LS $558.10 0.00% $0.00 $558.10 OOOIC Labor for Demo 16.000 MHS $22.50 0.00° $0.00 $360.00 O~ID Hau] Off Spoils 1.000 IS $370.00 0.00'/a $0.00 $370.00 0002 EARTHWORK 0 $0.00 0.00% $0-00 $0.00 0002A Labor-Additional Backfil] & Prep Work 8.000 MHRS $72.50 0.00% $0.00 $180.00 0002A Backhoe & Compactor 4.000 Hrs $50.00 0.00% $0.00 $200.00 0003 CONCRETE WORK 0 $0.00 0.00% $0.00 $0.00 0003A Labor-FPS Retaining Wall Ftg 6.000 MHRS $2250 0.00% $0.00 $135.00 0003B Labor- FPS Retaining Wall 40.000 MHRS $22.50 0.00% $0.00 $900.00 0003C Labor-FPS Stair Landings 12.000 MHRS $22.50 0.00% $0.00 $270.00 0003D Labor -FPS Starts 48.000 MHRS $2250 0.00°k $0.00 $1,080.00 0003E Labor-Install Reinforcement 1250.000 LBS $025 0.00% $0.00 $312.50 0003F Purchase Concrete (3 CY minimum per pour) 12000 CY $85.00 0.00% $0.00 $1,020.00 0003G Purchase Reinforcment 1250.000 LJ3S $0.50 0.00% $0.00 $625.00 0004 OTHER 0 $0.00 0.00% $0.00 $0.00 0004A Stair Treads 6.000 EA $45.00 D.00% $0.00 $270.00 0004B Jack & Bore Eft for 3/4" & 4" Conduits 12-000 MHRS $2250 0.00% $0:00 $270.00 OOOSB Handrail (Hobson Fabricating) 1.000 Lot $1,395.79 0.00% $0.00 $1,395.79 Unit Cost: $8,446.39 Unit Tax: $0.00 Unit Total: $8,446.39 APPROVAL: By: Susan Record Date: By: William J Benko, P.E. Date: ~W RSCI ! P)~OSED CHANGE ORDER No. 00007 1854 East Lanark Street Phone: 208-887-1401 Meridian, ID 83642 Faz: 208-888-9130 TITLE: Dema and Add Stair per WCD-003B PROJECT: Centrate Equalization Project TO: Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: From: ~~.'~;TIO~-PRffl2'gSAi,u6; ~,` ~ -~i - ~ y,._ ~" u.t D~scrip~ion .. Fee SUBTOTAL Bond DATE: 11/4/2005 JOB: 323 CONTRACT NO: S324814 Number: ~~~am yam-. Subtotal: $8,44639 _ _1'l~a~ku P:e~ent mil!'- ~ '~-' P p I 5.000% $1,266.96 $9,713.35 1.440% $139.87 Total Cost: $9,853.22 APPROVAL: By: , f'- By: Susan Reeord Date: Date: ~~ ~ William J Benko, P.E. Page Z of 2 . R.~C~ • POSED CHANGE ORDER No. 00008 1854 East Lanark Street Phone: 208-887-140I Meridian, ID 83642 Fax: 208-888-9130 TITLE: Changes per WCD-003A PROJECT: Centrate Equalization Project TO: Attn: William J Berko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: From: ~:.: , m. ~,~~4~r~ol~ioF PRO~sai. ~ -~y~T~~ ~: ~:~...~... -- .t~. This proposal addresses additional work required under WCD-003A. ~•~~ - Ifem~ ~ Deacinp~inn 00001 Materials - 2" Backflow 00002 Materials -Meter 00003 Add Bollards 00004 Labor -Additional Excavation & Bacldill (SS If). 00005 Equipment - Bacichoe & Compactor Rental 00006 Quote from Ridgeway. 00007 3/4" water line from CO#1 -~~ .: Qn~Jnif~-.~, _. I.ODD LS 1.000 LS 1.000 ea 12.000 MHRS 6.000 I3rs 1.000 LS -4s.000 LF DATE: 11/4/2005 JOB: 323 CONTRACT NO: S324814 Number: Unit Price Taz }iate'~'.az.hmoma~lVt~t $26s.00 0.00% $0.00 $265.00 $0.00 0.00% $0.00 $0.00 $225.00 0.00% $0.00 $22$.00 $zz.so o.oo% $o.oo $2TO.~ $so.oo o.oo% $o.oo $300.00 $s,292.62 0.00'/0 $0.00 $s,292.62 $1s.00 0.00% $0.00 ($67s.00) Unit Cost: Unit Tax: Unit Total: $5,677.62 $0.00 $5,677.62 Subtotal: $5,677.62 . ,:-~ lYlarku~ Percent 11~ar~up >~~: _ $57.75 $264.63 Description ~' _, Fee on RSCI (15%) Fee on Subs (5%) SUBTOTAL Bond $6,000.00 1.440% $86.40 Total Cost: $6,086.40 APPROVAL: By: ' ~ r- By: Susan Record William J Berko, P.E. Date: Date: Expcdition 642 Phone: 208-887-1401 Fax: 208-888-9130 PRQ~SED CHANGE ORDER No. 00009 ~LE:Changes per WCD-005 'ROJECT: Centrate Equalization Project CO: Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 DATE:11/7/2005 JOB: 323 CONTRACT NO: 5324814 RE: To: ~ From: Number: -ESCRIPTION ~~+'=p)~tiO~OSAL -dditional work per WCD-005 to install tracing wire and ternvnate in boxes supplied by the owner. tem Description Quantity Units Unit Price Tag'Rate Tax Amount Net Amount ~0p1 Tracing Wire 1000.000 LF $0.15 0.00% $0.00 $150.00 X002 Labor 8.000 MRS $22.10 0.~% $0.00 $180.00 Unit Cost: $330.00 Unit Tax: $0.00 Unit Total: $330.00 Subtotal: $330.00 Description Mar~iup`Percent Markup Amount Fee 15.000% $49.50 SUBTOTAL $379.50 Bond 1.440% $5.46 Total Cost: By: '` v Susan Record Date: By: $384.96 ~ William J Benko, P.E. Date: ~ti~ 0 RACY • P OSED CHANGE ORDER No. 00012 1854 East Lanark Street Phone: 208-887-1401 Meridian, ID 83642 Fax: 208-888-9130 TITLE: Coating Inside of Tank DATE:1/9/2406 PROJECT: Centrate Equalization Project JOB: 323 TO: Attn: William J Benko, P.E. CONTRACT NO: S 324814 Carollo Engineers. 12592 W. Explorer Ih., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: From: Number: DESCRIPTION OF PROPOSAL This proposal addresses coating the inside of the tank per the attached product information. Item Description Quantity Units Unit Price Tax Rate Tax Amount Net Amount OI-01 Labor for Mob & Sandblasting 64.000 MHRS $28,00 0.00% $0.00 $1,600.00 01-02 Rent for Sandblaster, Compressor, Hoses, Hood, Etc. 1.000 Ep $500.00 0.00% $0.00 $500.00 01-03 Sand 1.000 LS $237.00 0.00% $0.~ $237.00 01-04' Misc Sandblasting Supplies & Small Tools 1.000 LS $125.00 0.00% $0.00 $125.00 01-05 Clean-up and Demob Sandblasting 8.000 ~ I~1H1LS $2g O0 000% $0 p0 $20000 02-0] Epoxy Systems Quote 1.000 LS $5,024.00 0.00% $0.00 $5,024.00 02-02 Heating Equipment 1.000 LS $150.00 0.00% $0.00 $150.00 02-03 Set, remove, and maintain Temp Heat 3.000 MHRS $25.00 0.00% $0.00 $75.00 Unit Cost: $7,911.00 Unit Tax: $0.00 Unit Total: $7,911.00 Subtotal: $7,911.00 Description Markup Percent Markup Amount RSCI Fee (15%) $433.05 Fee on Subs (5%) $251.20 SUBTOTAL $8,595.25 Bond 1.440% $123.77 Total Cost: $8,719.02 APPROVAL; By: ~~ Susan Record Date: By: Date: William J Benko, P.E. uon ~ j~~'(;~< , PR~OSED CHANGE ORDER ' No. 00013 1854 East Lanark Street Phone: 208-887-1401 Meridian, II7 83642 Fax: 208-888-9130 TITLE: WCD 008 Move Hydrant PROJECT: Centrate Equalization Project TO: Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: ~Hscizih~ri<~~~ car ~~>z~~i~~~s>>. Work as per WCD 008 Ilicn~ I)cscriplion 00001 Ridgeway Industrial From: Qua~ttity L nits 1.000 Job ~Je~~riptic~n Fee SUBTOTAL Bond DATE: 2/2/2006 JOB: 323 CONTRACT NO: S324814 Number: l'nit Price "Car 1_Zatc T~az :41z~ui~nt \ctAmouot $859.97 0.00% $0.00 $859.97 Unit Cost: $859.97 Unit Tax: $0.00 Unit Total: $859.97 Subtotal: $859.97 ~Ia~_kup Yenent lYlarkup Amoulit 5.000% X43 nn 1.440% $902.97 $13.00 Total Cost: $915.97 APPROVAL: By: Susan Record Date: Expedffion By: William J Benko, P.E. Date: j~~~y,Cj , P OSED CxANGE ORDER No. 00014 1854 East Lanark Street Phone: 208-887-1401 Meridian, ID 83642 Fag: 208-888-9130 TITLE: WCD 006 Rev_ Grading/Paving PROJECT:Centrate Equalization Project TO: Attn: William 3 Benko, P.E_ Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: DATE: 2/8/2006 JOB: 323 CONTRACT NO: S324814 From: Number: ~1..~e~ip'~[UA i ~ _ .,.: ~ _ 'ts~y'aa[Tf~ifl; ~: ~ T'~TlRt:Ce _. ~~t4~'asig` ~ 00001 Asphalt -2200.000 SF $1.00 0.00% $0.00 ($2,?A0.00) 00002 Acore minimum charge 1.000 Lot $200.00 0.00% $0.00 $200.00 00003 Gravel around Tank & Pump Stet. 2000.000 SF $0.30 0.00'/0 $0.~ $600.W 00004 Install dry we118 ft deep 12° dia, pipe 1.000 Sob $96.00 0.00% $0.00 $96.00 00005 Drain rock in bottom of drywell. 5.000 Cy $9.75 5.~'/0 $2.44 $51.19 00006 Road mix for road crossings 3.900 CY $9.25 5.00% $1.80 $37.88 00007 Labor for road crossings 3A00 Mnhrs $25.00 0.00% $0.00 $75.00 Unit Cost: ($1,144.18) Unit Tax: $4.24 Unit Total: ($1,139.93) Subtotal: ($1,139.93) ,, z De.p on ~: , = = ::.. _ :.Markup ~`.. -~~ ...:.. - . ~-t. Bond 1.440% ($16.41) Total Cost: ($1,15634) APPROVAL: BY~ -~~ By: Susan Record William J Benko, P.E. Date: Date: r~cpedis°a W . jy~~~ ~ P OSED CHANGE ORDER No. 00015 ' 1854 East Lanark Street Phone: 208-887-1401 ' Meridian, ID 83642 Fax: 208-888-9130 TITLE: WCD 007 Delete Alum Sample Tube PROJECT: Centrate Equalization Project TO: Attn: William J Benko, P.E. Carollo Engineers 12592 W. Explorer Dr., Suite 200 Boise, ID 83713 Phone:208-376-2288 Fax:208-376-2251 RE: To: DATE: 2/8/2006 JOB: 323 CONTRACT NO: 5324814 From: Number: ~.~... _ ~it _`i~ . ~~,~r~~~**_ ~`"` ~`~.. ~~~,~ =t~~. ~X3nif~rr~e` ~~,.~a~ Ratr:~.~uu.~nz 00001 l"braided poly line -554.000 Lf $l.26 0.00% $0.00 {$698.04) 00002 Pull string 1.000 Ea $35.Ofl 0.~% $0.00 $35.00 Unit Cost: ($663.04) Unit Tax: $0.00 Unit Total: ($663.04) Subtotal: ($663.04) I~i~scntpit~~ ~~: ~~ `~`? `~kuls'i~i?~ ~~~ Bond 1.440% ($9.55) Total Cost: ($67259) APPROVAL: By: ~`~ gy_ Susan Record William J Benko, P.E. Date: Date: tiw ~ • • February 17, ~b MERIDIAN CITY COUNCIL MEETING February 21, 2~6 APPLICANT rTEM NO. S-F REQUEST Change Order No. 2 for the Centrate Tank Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Ste alfacfted CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CfiY 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: Emaifed; Staff Initials: Mafer~is presented at ptib6c rrteetftt~ss shall become properly of Efts Cfly of Medef~t. 1' ~, , RECEIVED FEE ~ ~ 2~0~ Memo To: III Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 02/16/2006 City ®f li~ericlia.~ City Clerk Office Re: Proposed Agenda Item for February 21, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 21 City Council agenda, under Consent Agenda, for Council's consideration: 1. Chance Order No. 2 for the Centrate Tank Construction This change order reflects cost and schedule changes from minor and moderate design changes, material quantities, and word change directives accumulated during the process of construction. These items are outlined and detailed in the attached change order and requests for change order. Recommended Council Action: The Public Works Department recommends that City Council approve the Second Change Order for the Centrate Tank Project and authorize the Mayor to sign it. 2. Chancae Order No.1 for the F~cpansion of Well 20 This change order reflects the adjustment of cost and schedule due to value engineering and unforeseen circumstances. Each item is detailed in the attached change order and change order requests. Recommended Council Action: The Public Works Department recommends that City Council approve the First Change Order for the Expansion of Well 20 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 CHANGE ORDER NO. 1 DATE OF ISSUANCE: 2/21/2006 EFFECTIVE DATE 2/21/2006 OWNER _ City of Meridian CONTRACTOR: Guho Corp. Contract: Well 20 Expansion ENGINEER : CH2M Hill You are directed to make the following changes in the Contract Documents: Description: 1) See attached Attachments: (List documents supporting change): Change Requests 1-9, Request summary ~ balance sheet CHANGE IN CONTRACT PRICE: Original Contract Price $ 454.132.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0 Contract Price prior to this Change Order. $ 454.132.00 Net increase (decrease) of this Change Order. $ 1.218.70 Contract Price with all approved Change Orders: $ 455.350.70 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: 11/05/2005 Ready for final payment: 11 /05/2005 (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order. ~ ` Substantial Completion: 11/05/2005 Ready for final payment: 11/05/2005 (days or dates) Net increase (decrease) this Change Order. Substantial Completion: 148 Ready for final payment: 148 (days) Contract Times with all approved Change Orders: Substantial Completion: 4/01/2006 Ready for final payment: 4/01 /2006 (days or dates) Tammy de Weerd, Mayor Date: ~ ~~ ®~ EJCDC 1910-&B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America Attest: William Berg Jr., City Clerk and the Construction Specifications Institute. Council Approval C~~y • Well 20B Change Order Requests and Credit Balance Request number Description Date Amount 1 Stainless Steel Credit/Mechanical seals 6/23/2005 $3,248.00 2 Reduce Well Casin from 12" to 10" 7/20/2005 $1,140.00 3 Deduct for Standard Motor 7/25/2005 $1,430.00 4 Relocate Existin Generator and Communication Conduit 11/1/2005 $7,205.00 5 Cost for Field Order #4 11/1/2005 $77.00 6 Contract F~ctension 11/17/2005 $0.00 7 Sump Pum for Level Sensor Manhole see line item below 11/22/2005 See Below 8 Repair Conduit and Wirin for Flowmeter 12/16/2005 $766.70 9 Substitute Concrete Pavin for As halt 12/29/2005 $0.00 Total requested chan es $2,230.70 Misc. Improvements Item Total line item $5,000.00 Line Item #16 Proposed Cost $3,988.00 line item balance $1,012.00 Tflt~l amou,~t necessa for Chat e Order $~;z i B_70 Nov 17 05 03:28p Lisa Owen (2081 939-8928 p.2 *. , • 'TI-ILEE cENE~tnrlolvs sTxoxc~ • SINCE I919 Date: 6/23/05 City of Meridian Attn:Jon Mills 660 E. Watertower Meridian , ID 83642 Phone: 794-7296 Fax:898-9559 Re: Proposal #1 millsiCc~meridiancity. oro Project: We(! #20 F~cpansion Descripfion: Scope of Additional Work: Value engineering cost savings split Subcorltrac#ors Pump Tech sredit for Stainless Steel $ (9,600,00) Pump Tech charge for 2 eachl -11/16 seal ~ $ 2,554.00 Pump Tech charge to modify & machine pump head for seal $ 550.00 $ (6,496.00) Guho Corp. Value engineering cost savings split $ - $ $ - $ - $ - Sincerely, ($6,496.00) 3,248.00 $0.00 ' Subtotal ($3,248.00) Overhead, Profit Bonds and Insurance 0% 0.00 Total Credit ($3,248.00) NicK J. Guho Owner`s Acceptance signature Date 1~ / Z3 / ~~ 391 W. Scat ., Suite G • Eagle, Edaho ti36'16 -(208) 939-8850 • Fax (208) 539928 Idaho License #1256~AAA-'I-3 Nov 17 05 03:29p Lisa Owen [208) ~ ' idrHltEE GEPiERAT[ONSSTRONG" •SINCE 1918• Date; City of Meridian Attn:Jon Mills 660 E_ Watertower Meridian , ID 83642 Phone: 794-7296 Re: Proposal Ptojecin 7/20/05 Fax: 898-9551 millsi(a~meridiancity.orci #2 Well #20 Expansion Description; Reduce size of well casing from 12" to 10 " 939-8928 p.3 Scope of Atiditionat Work: Reduce size of of well casing from 12" to 10" in order to accomdate 1" PVC line that needs #o be placed between existing well casing and pump column down to the pump bowls, Design flows can be obtained through the 10" column as per the manufactures specifica#ions according to Barry with Pump Tech. Cost saving is as follows as well as additional clearances needed to help ensure installation of the 1" PVC Line Subcontractors Pump Tech $ (1,140.Oa) .$ - $ - $ (1,140.00) ($1,140.00) Guho Corn. Materials $ - Labor $ - Equipment $ - $ - $0.00 Subtotal ($1,140.00) Overhead, Profit Bonds and insurance 0% 0.00 Total Credit ($1,140A0) Sincerely, Nick J, Guho ~~ Owner's Acceptance signature Date_~/ Z3 / 391 W. State ., Suite G -Eagle, Idaho 83616 • (208) 939-8850 -Fax (208) 939-8926 Idaho License #12588-AAA 1-3 Nov 17 05 03:29p Lisa Owen ~ . °THSEE GENERA170N9 STIION(Y -SINCE 1919- Date: 7/25/05 City of Meridian Atth:Jon Mills 660 E. Watertower Meridian , ID 83642 Phone: 794-7296 Fax. 89&9551 millsiCa7meridiancity.org Re: Proposal #3 Project: Well #20 F~cpansion [2081 939-8928 • Description: Deduct for standard motor Scope of Additional Work: Supply and instal! standard inverted duty premium efficiency motor inlieu of motor specified. Subcontractors Pump Tech $ (1,430.00) $ - $ - $ (1,430.00) ($1,430.00) G uho Corn. Materials $ - Labor $ - Equipment $ - $ - $0.00 p.4 l Subtotal ($1,430.00) Overhead, Profit Bonds and Insurance 0% $0.00 Tota! Credit ($1,430.00) Sincerely, - Nick J. Guho Owner's Acceptance signature ~ Date ~~ / Ti3 / ,391 W. State ., Suke G • Eagle, Idaho 83616 -(208) 939-8850 • Fax (2Q8) 539.8928 Idaho License #125&9-AAA-1-3 Nov 17 05 03:29p Lisa Owen ~ ^ "THREE GENEBATIONS STBONQ" -SINCE 291U- Date: 11!1/05 City of Meridian Attn:Jon Mills 660 E. Watertower Meridian , 1D 83642 Phone: 794-7296 Fax: 898-9551 millsiCcD.meridiancity oro Re: Proposal #4 Project Well #20 Expansion (208) 939-8928 Description: . Scope of Additional Work: Relocate existing underground generator feeder and comunication conduits_ Existing conduits to existing generator were located in new addition foo#ing_ See attached work sheets. Subcontractors Lea Electric $ 6,095.00 $ - $ - $ 6, 095.00 $6, 095.00 Guho Corn. Materials $ _ 2 days Supervision ~ $350 Labor $ 700.00 Equipment $ - $ 700.00 $700,00 Subtotal $6,795.00 Overhead, Proflt Bonds and Insurance 410.D0 'i"otat Cost with Overhead 8~ Pto€t 57,205.00 5incerei , . - ~, ~~ Nick d. G o Owner's Acceptance signature Date ~f / 2 / / o~ ~Z~~IU 2 / 397 W. State S , Sttite G • Eagle, Idaho 83616 • (208) 939-8850 -Fax (208) 939928 tdaha Ucense #12569-AAA-1-3 p.5 Nov 17 05 03:29p Lisa Owen [208) 939-8928 p.6 Date: 11!1/05 City of Meridian Attn:Jon Milis 660 E_ Watertower Meridian , ID 83642 -Phone: 794 7296 Fax: 898-9551 Re: Proposal ~ r THREE GENERATIONS SfRONGt" •SINCls 3919• millsiCa~meridiancity. orci Project: We11 #20 Expansion Description: Scope of Additional Work: Cost to supply and install Field Order #4 items1, 2, 3. See attached. Subcontractors Lea Electric $ 70.00 $ - $ - $ 70,00 $70.OD a;uho Coro. Materials $ - Labor $ - Equipment $ - $ _ $0.00 Subtotal 570. DO Overhead, Profd Bonds and insurance 10% ~7-~0 Tots! Cost with Overhead S Profit $77.00 Sincerely, Nick J. Guho Owner's Acceptance signature ~~~~~~ `- /'~~ Date « / Z~ ! 0.3 391 W. State , Strife G -Eagle, Idaho 83616 - (206) 959650 -Fax (20B) 939.5928 Idaho Lices>se#12569-AAA-1-3 Nov 17 05 03:29p Lisa Owen (2081 • ~ . . 'TIiBEE GEXERATIOV:S STAO1~ G' •SINCE 1919• Date 11/17/05 City of Meridian Attn:Jon Mills 660 E_ Watertower Meridian , lD 83642 Phone: 794-7296 Re: Proposal Project: Description: Fax 898-9551 millsi .meridiancity orcl i~6 Well #20 Expansion Extension of contract time 939-8928 p•7 Scope of Additional Work: Due to Cost saving Proposals 1, 2 and 3 we were required to resubmitt submittals on well casing and pump motor and seats. This caused a project time delay of 55 calender days. Due to proposal #4 Reioption of existing conduits located in new foundation of addition the pro' ct time will need to be extended by 10 calendar days. This wilt increase the existing contract time by a total of calendar days. Subcontractors ~~ ~~LF/u~s~. a~'`tS $ - $ - $ - ~ - $0.00 Guho Corp. Materials $ _ Labor $ _ Equipment $ _ $ - $0.00 Subtotal $0.00 Overhead, Profit Bonds and Insurance i0% 0.00 Total Cost with Overhead 8~ Profit $0.00 Sincerely, C l~l lrV ~ ~~~w , ~,,_, c S/77v y~ 7,~5 ~ Pte- . Nick J. Guho ~~~~f ~~C> ~'N~ ~I~~/~ SC c- D~ ~l 2Z e~ ~~ / i Owner's Acceptance signature Date `~ / Z3 / ~ 391 W. State ., Suite G • Eagle, Idaho 83616 • (208) 939-8850 • Fax (208) 939.8928 Idaho License #12569-AAA-1-3 • ~` ~"`= .- _ - '"J77A1T tiP~1VTtRATiQIyl9 .+!°I.'H.4IVC" -AgVCR t.pl'A~ Dale; 11/22/05 City tlf Meridian Attn:.lon Mills 660 E. Watertower Meridian , ID 53642 ' Rhone: 794-7296 Fax; 898-9551 miAsiCr~meridiancity am Re: Prop4sa[ ~7 lr'ralect: Well #20 Expan6ivn Description: install suing pump in existing Level sensing manhole and pipe dichar+pe to existing ~" oleanout on north side of new addition Scope of Addttto~nal Wark: Supply and install Little Giant 9E CIA-RFS sump pump wifih integral rAmate float switch at existing IQVat sensing manhole with $q LF of 1 1!2" PVC discharge line tie into exlstfng 4" clean alai on Norlh sloe of neW addition. taFl 110v outlet and circuit to be installed manhole and ran 50 LF t0 new ei®ctrical panels on west Side Oi new addition. Subcontractors Lea Flectriq _ $ 1,888.00 ~ - ' $ - l~ Caro, $ 1,$88,00 $1,888_p0 Materials $ 373.00- Labor $ 7~y,00 Equipment $ 650,00 $ 1,738.00 $t,738A0 Subtotal $3,626,00 Overhead, Profit Bonds and Insurance 3C 0 Total Cost wittl Uuerhead 8t F*rafit $a,9at3.ao Sincerely, Nick J. Guho ownmr's Acreptarnc© signaturE // 2.~ O6' Date /_~/ 397 w, Slate .., Suite G • 1=aglp Idaho B36•t6 • (208} 939-885p . Fal~ (zQg) g3g~gzg Idaho ticQrtSe #12568-AAA-7-3 Date: 12!75/05 City of Merld(an . Attn:Jon Mitts G60 E.1Na#erkower Meridian , ID 836A2 Phone: 7947296 Re: Proposal Project: bescription: Fax: 898-9559 ~8 1Nell #20 Expansion Repair conduit and wiring for flovvmeter .~ • . a~m- millsi~meridiancr~u bra -] ~1Pe ~ AddilBa~nal Work: Repair conduir and wire for flowmeter damaged during excavation of cohduits for new generator. Flawmeter conduit was oat identified on the plans and was Located just below the existing asph~-ft ~ntractors Lea ~lecirie ~ $ ts97,00 $ - G-~ho_Garo $ 697.00 Matetia~ls $ _ Labor $ _ Equipment $ _ $ - Subtotal Overhead, Profit Bonds and Insurance 10°Jo 'f'atal Comet wigs aVerhe+ad ~ Profit $697.00 $0,00 $697.00 69.70 5768.70 Sincere ~"~ ,~ ~(~~ Nick J. uh davnePs Acceptance signa#ure Date (~ !~/ asp w. , suns c - EaBls, -a~-,o asp e • iaoa) see.assa - Fa~c Poe! s~-seas Idaho ~Ic~~®1t1z569-,4f~A-1~ ~~ ~. ..^'" -xes~ a~vi~8a2ioxsarsc]~up• •s1hCE 1919• Date: 1~J2g/05 city of Meridian Attn:Jon Mills fiS~l E. Watertower Meridian , I© X3642 Phone: 7947296 r=ax 898551 miNsi(8tmeridiancity ora Res Proposal #9 Proj+aGt; Well ~t20 Irkpansion Desclription: Substitute 4° 3,000 PSl concrete in Ilea of 2112" asphalt Scope of Addltiional Work: Install ~" concrete pa+rin~ in lieu of 2112" asphalt due to winter weather oonditlons.Concrete wank to tre completed by January 10, 200f, weather permitting_ M extension of contract Mme will be needed to compete testing. and concrete work, provided there is acceptable weather. There will be no additional cost for the upgrade to concrete. Subr~ntractcrs ' ~ $ ~ - $ - Guha Corp. $ Materials $ _ Labor S _ Equipment $ $ - Subtotal Overhead, Profit Bonds and lnsuranoe 1pg~, Toil Coat with Overl~eacl & Pro#i~t Sincerely,~.~_ .,,.. ., ,~ ~_ Flick ,1. C~uho Owner's Acceptance signature Date ®/ ! ®3 / ®6 ~1 W_ 5bat(t , Suipa G • F~gle, (~ +~i61 ~ ^ (206y 958.8666 ~ Fax (2G8) X38.882$ Id~thq Licartse ~12v69-~i4A-1-3 ~O.QB $0.00 $O.OD 0:170 ~4.C10 February 17, 2006 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT ITEM NO. S-G REQUEST Award of Bid to Iron Creek, LLC DBA Metcalf Landscape Contractors for Landscape Maintance Services 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 Comments Date: Staff Initials: Materials presented at public meetings shall become propertyt of the Ctty of Meridian. Phone: Memo To: Mayor and Cih/ Counal CC: Will erg From: Doug Strong f LJ~' `v tote: February 16, 2006 Re: Landscape Maintenance Services Fig 1 ~ 2006 ~~,ity ~~ ~~ra~~~~~ ~~~y~i~~~.~ ~~~n~~, The Parks and Recreation Department respectfully r~equesth the following item to be plaoeci on the February 21, 2006 City Council agenda, under Consent Agenda, for Council's consideration: Landscape Maintenance Senrices: Soc bids were received for the Landscape Maintenances services throughout the car at various locations as listed flow. • Aloha Gardening Inc ............................................................................................$53,542.86 • TruGreen Comp~ies ........................................................................................$57,154.00 • Trautman Lawn & Landsc ........................................................$44,030.00 • Metcalf Landscape Contractors ......................................................$29,682.00 • Lawn Company Maintenanc:e ........................................................$33,777.00 • Senske Landscaping ...................................................................$42,187.88 The project consists of but not limiter to: mowing turf, trimming, weed eafing, fertilizafion, irrigation, and shrub bed maintenance. Recommended Council Action: The Parks and Recreation Department recommends that Cit)r Council award the bid to Iron Creek LLC, DBA Metcalf Landscape Contractors for $29,682.00 and authorize the Mayor to sign. Supporting documentation attach. Thank you for your consideration. Please contact me if you have any questions regarding the bids. N U .~ N N .,~ c~ N c~ U -b a 0 a 0 0 N ~i w .~ O ;~ P~ C ~ ~ Q ~ ~ ~ U -v o o ° ~ U a ~ ~ ~ N ~ N ~ S" O ~ N U ~ U ~ ~ ~ 0 ~. ~ ~ o ~ V ~ ,~ ~C O o ~ ~ ~.] ~' 6F} F-' N .~ ~ O O O ~ U ~C v' ~ ~ }N ~ d4 W F-' U r~ bA ,~ 0~0 ~ "d N ~ M o _ d 'C N ~ ~' ~ ~ N U ~ ~ ~ ~ a ~ b ~ .~ ~ `} P1 A, U fYl ~.. ~ . al L J . ~ U 00 ^d l~ ~ ,~ 00 a N ,-`~ bR ~," N N O O O ~ ~ ~ ~ ~+ M '~ d/ bf3 c ~ a O ~ bA b ~ ~ N U a ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ o ~ ~ ~ ~' ~ (Yl a U Cpl ~ L~ • • CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES NOTICE OF AWARD TO: DATED: PROJECT DESCRIPTION: LANDSCAPE MANTENANCE SERVICES The CITY OF MERIDIAN has considered this Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for: Providing Landscape maintenance Services for the City of Meridian In the amount of (written in words) ($ )per week. (figures) (written in words) ($ )per season Dollars Per Week Total Lump Some Dollars Per 34 Week Season (figures) You are required to fully execute the Agreement and furnish the required Certificates of Insurance within ten (10) calendar days from the date of the notice to you that is by If you fail to execute said agreement and to furnish said Certificates of Insurance within ten (10) calendar days from the date of this Notice, said CITY OF MERIDIAN will be entitled to consider all your rights arising out of the CITY OF MERIDIAN'S acceptance of your Bid as abandoned. The CITY OF MERIDIAN will be entitled to such other rights as maybe granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the CITY OF MERIDIAN. Page 11 of 26 Bid Document -Parks Landscape Maintenance Services U CITY OF MERIDIAN, MERIDIAN, IDAHO BY: Name: TAMMY DE WEERD Title: MAYOR Approved by City Council: ATTEST: By: Name: WILLIAM G. BERG. JR. Title: CITY CLERK CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by ,this day of CONTRACTOR BY: NAME: TITLE: (SEAL if by a corporation) Bid Document -Parks Landscape Maintenance Services Page 12 of 26 • CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES NOTICE TO PROCEED TO: ®~L e ~~~ /t ~~~,~G~p! 1 \ C.J7~~122.~0~ DATE: 2'" ~ /' d~ CONTRACTOR ADDRESS PROJECT: Landscape Maintenance Services DESCRIPTION: City of Meridian You are hereby notified that the Contract Time for providing this service will commence to run on the 13th day of March, 2006. On that date, you are to start performing the Work and your other obligations under the Contract Documents. The contract completion date is the 3rd day of November, 2006. CITY OF MERIDIAN: ATTEST: MERIDIAN, IDAHO By: Name: TAMMY DE WEERD Title: MAYOR By: Name: WILLIAM G. BERG, JR. Title: CITY CLERK Bid Document -Parks Landscape Maintenance Services Page 13 of 26 CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES CONTRACT AGREEMENT This AGREEMENT made between the City of Meridian, a political subdivision of the State of Idaho, and hereinafter called CONTRACTOR. The CITY OF MERIDIAN and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: WORK The CONTRACTOR is to perform landscape maintenance services as set forth hereafter, on the grounds and at the frequency set forth in the Specifications. ^ Irrigation an all sites ^ Mowing, and weed eating ^ Turf fertilization, weed control, billbug control, crabgrass control ^ Planter bed maintenance, trimming shrubs, weed control, fertilization, weekly litter and debris clean up, edging ^ Tree well maintenance, weed control, clean up, edging 2. COMPENSATION. The CITY OF MERIDIAN shall pay the CONTRACTOR the sum of $ per week for the services described herein and in the Specifications. The total lump sum for the 34 week season is $ Generally, payment will be sent to the CONTRACTOR by the 15t day of the month following the City of Meridian's receipt of the CONTRACTOR invoice. In addition, the CITY OF MERIDIAN will compensate the CONTRACTOR for any additional services as agreed to in Writing between the City of Meridian and CONTRACTOR. 3. MATERIALS AND EQUIPMENT CONTRACTOR agrees to provide all materials and equipment necessary to perform all listed services as a part of the compensation listed above. Bid Document -Parks Landscape Maintenance Services Page 14 of 26 4. EMPLOYEES CONTRACTOR agrees to provide CITY OF MERIDIAN with a list of names, dates of birth, social security numbers and addresses of all employees who will be performing the landscape services. CONTRACTOR agrees not to use any person in the performance of this contract until such person has been cleared by the CITY OF MERIDIAN. (Approval /Rejection will normally be completed within one week.) If CITY OF MERIDIAN disapproves of any such employee(s), in writing, CONTRACTOR agrees not to use such employee(s) in the work. CONTRACTOR further agrees to use care in selecting trustworthy employees and in supervising them. Procedure for implementing this section: A. CONTRACTOR will submit name, date of birth, social security number, and addresses for all employees CONTRACTOR wishes to provide service under this contract to the City Clerk, City of Meridian, 33 East Idaho Avenue, Meridian, ID 83642. Information may also be faxed to 888-4218. B. CITY OF MERIDIAN will provide a response to CONTRACTOR, normally within one week, depending on extent of background check required. C. All employees who will be working on the listed maintenance areas are required to under go a back ground investigation as conducted by the City of Meridian. Only employees with a satisfactory back ground check shall be allowed to perform landscape services. D. CONTRACTOR's employees will wear shirts or uniform clothing that will identify them by first name and the company name at all times while on City property. E. Failure to wear approved clothing and identification will result in the employee being ejected form work on City property until the proper uniform is worn. F. Upon separation of service of any employee who has been granted access to the City of Meridian property, CONTRACTOR agrees to notify the City Clerk at 888-4433 on the same day the separation occurs, or if such separation occurs at other than regular business hours, the next following business day prior to 9:00 am. 5. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend, and hold harmless THE CITY OF MERIDIAN, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities or CONTRACTOR, CONTRACTORS's agents, employees, or representatives under this Agreement. Bid Document -Parks Landscape Maintenance Services Page 15 of 26 • i 6. INSURANCE CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement insurance in amounts and types as specified in the Specifications. Certificates of Insurance for all required insurances shall be submitted to the CITY OF MERIDIAN prior to CITY OF MERIDIAN signature to this Agreement. 7. COMPLIANCE WITH LAWS CONTRACTOR agrees to comply with all federal, state, city, and local laws, rules and regulations. 8. KEYS CITY OF MERIDIAN will provide keys to access irrigation time clock boxes. 9. INDEPENDENT CONTRACTOR The parties agree that CONTRACTOR and all its employees are independent contractors for CITY OF MERIDIAN and in no way employees or agents of CITY OF MERIDIAN and are not entitled to workers compensation or any benefit of employment with the CITY OF MERIDIAN. The CITY OF MERIDIAN shall have no control over the performance of the Agreement by CONTRACTOR, except to specify the time and place of performance and the results to be achieved. CONTRACTOR shall be responsible for the payment of any and all taxes due for the compensation received under this contract. 10. TERMINATION This Agreement maybe terminated immediately by CITY OF MERIDIAN for breach of this Agreement by CONTRACTOR and either party may terminate this Agreement by 30 days written notice to termination to the other party. 11. DISPOSAL OF TOXIC SUBSTANCES CONTRACTOR agrees to dispose of any and all toxic substances used on City property in accordance with federal, state and local statutes and regulations and further agrees to indemnify CITY OF MERIDIAN from any liability resulting there from. Bid Document -Parks Landscape Maintenance Services Page 16 of 26 • • 12. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement. 13. AGREEMENT TIME PERIOD The work under this Agreement shall begin March 13th, 2006 and, unless sooner terminated pursuant to Section 10 above, end November 3rd, 2006, unless otherwise specified by amendment. 14. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY OF MERIDIAN and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. 16. NOTICES AND INVOICES Address for giving notices: City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 208-888-4433 17. CONTACTS Address for giving notices: Telephone: 208- The CITY shall maintain a single point of contact for feedback to the CONTRACTOR. The contact shall be Elroy Huff, Parks Superintendent, City of Meridian. Bid Document -Parks Landscape Maintenance Services Page 17 of 26 • • The CONTEACTOR shall provide primary points of contact for feedback to the CITY. The contact shall be: 18. ASSIGNMENT A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. 19. CONSTRUCTION AND SEVERABILITY If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. APPLICABLE LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. APPROVAL REQUIRED This Agreement shall not become effective or binding until approved by the City of Meridian. Bid Document -Parks Landscape Maintenance Services Page 18 of 26 IN WITNESS WHEREOF, THE CITY OF MERIDIAN and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to CITY OF MERIDIAN and CONTRACTOR. All portions of the Agreement Documents have been signed or identified by CITY OF MERIDIAN and CONTRACTOR on their behalf. The Agreement will be effective on CITY OF MERIDIAN By: Contractor By: Name: Tammy de Weerd, Mayor Name: Approved by City Council: [CORPORATE SEAL] Attest [CORPORATE SEAL] Attest William G. Berg, Jr., City Clerk Address for giving notices Address for giving notices 33 East Idaho Avenue Meridian, Idaho 83642 Telephone: (208) 888-4433 Telephone: Bid Document -Parks Landscape Maintenance Services Page 19 of 26 • CITE' OF MERIDIAN . LANDSCAPE NTENANCE SERVICES NOTICE OF AWARD 3~ ~~ ~~ DATED: /~~ 3 .c , 7 PROJECT DESCRIPTION: LANDSCAPE MANTENANCE SERVICES The CITY OF MERIDIAN has considered this Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for: Providing Landscape maintenance Services for the City of Meridian In the amount of _ P%~f h t~ y~ ~'1 G~~~I-C L(/w~ '~~y~C. (wntten in words) Dollars Per Week ~ $ ~ 73, O° )per week. (figures) ~/~C%~/~`~'~'~~' !~~dah' ~ ~' ~ ~ty~nG~~~C~~_ / • - -Total Lump Some Dollars (written in words) Per 34 Week Season ($ ~~ ~BZ ~ )per season ( gores) You are required to fully execute the Agreement and furnish the required Certificates of Insurance within ten (10) calendar days from the date of the notice to you that is by ~~~h -~ ~~~ top 6 If you fail to execute said agreement and to furnish said Certificates of Insurance within ten (10) calendar days from the date of this Notice, said CITY OF MERIDIAN will be entitled to consider all your rights arising out of the CITY OF MERIDIAN'S acceptance of your Bid as abandoned. The CITY OF MERIDIAN will be entitled to such other rights as maybe granted bylaw. - You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the CITY OF MERIDIAN. Bid Document -Parks Landscape Maintenance Services Page 11 of 26 CITY OF MERIDIAN, ATTEST: MERIDIAN, IDAHO BY: B.y~ Name: TAMMY DE WEERD Nar, Title: MAYOR TitL Approved by City Council ~~~~ ~~~ j°v,,~d3 ~ ~ icy ,,~4 ~i~eaJe aaxa 81~4918'~~b~~a~t • • CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by ,this day of CONTRACTOR BY: NAME: TITLE: (SEAL if by a corporation) Bid Document -Parks Landscape Maintenance Services Page 12 of 26 • ., F®bruary 17, 2~6 Department Reports MERIDIAN CITY COUNCIL MEETING February 21, 2~6 APPLICANT Public Works Department -Brad Watson ITEM NO. 6-A-i REQUEST Water Division ®uilding Project Update AGENCY COMMENTS GITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CfTY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN fRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See ~rttaehed r ~1° OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubfia meetinga shaft become properly of the Cry of Meridian. • ~ ~, .~r f; v. ,, ~~": v f CITV OF i'ri'~~1 ~~ teeoffice /0/llemo eYi~i~n II IDAHO Yo: Mayor and Members of the Council ~~~~v' I From: Brad Watson, P.E. CC: File, City Clerk, Rick Clinton ~~~ 1 ~ 2006 Date: 2/15/2006 City Of Mericliax~. City Clerk Office Re: February 21 City Council Meeting -Water Division Building Project Update We last visited with Council on the Water Building project on October 4, 2005 when Council authorized the design contract with BRS Architects. The purpose of this discussion is to update the Council on the project and obtain your endorsement as we prepare to bid the project and commence construction. Attached are copies of the site plan and elevations we used for our neighborhood meeting on January 9 (one person showed up out of nearly 100 mailings to nearby residents). I also included a copy of the information sheet we passed out at that meeting. It gives an abridged version of the history of the site and our plan/timeline for redeveloping the site. Finally, a copy of the recently completed landscape plan is included. At next Tuesday's Council meeting Rick Clinton and I will discuss the project and answer any questions you may have. Thank you, From the desk of... Brad Watson, P.E. Public Works Director Meridian Public Works Deparhnent 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax: (208) 898-9551 watsonb@meridiancity.org • Page 1 CITY OF MERIDIAN -WATER BUILDING PROJECT NEIGHBORHOOD INFORMATIONAL MEETING 1/9/06 AGENDA 1. PROJECT OVERVIEW • INTRODUCTION -GOAL OF MEETING • Inform neighbors of project (schedule, potential impacts) • Provide forum for questions, concerns and advice PROJECT NEED -HISTORY OF SITE • City's wastewater facility from `50's to `79 • BSU wastewater votech building built around '80 w/ grant funds by BSU • Program defunct in mid-90's; City moved water operations to site in `98 • BSU deeded site back to City with allowance for 20-year lease for lineworkers school • BSU planning to move lineworkers school to West Campus in Nampa in the next year or two • Problems with existing building (ADA compliance, lack of space, water damage, HVAC deficiencies) PROJECT DESCRIPTION • 10,000 sf office/shop building projected to meet 20-year staffing needs • masonry building with metal roof • remove existing vehicle storage shed • replace vehicle storage where poles currently located (future phase) • incorporate water-conserving landscape • provide employee parking away from park visitor parking SCHEDULE AND STATUS • Permitting in February • Bid project March • Begin construction late April/early May • Complete building construction December • Demolish existing building January `07 • Complete landscaping spring `07 2. CONSTRUCTION IMPACTS TO NEIGHBORHOOD • BSU LINEWORKERS SCHOOL • No expected impact (this assumes construction staging from Chateau) • CONSTRUCTION STAGING • Locate in existing park immediately west of existing yard • Construction access off of Chateau Ave. • ACCESS TO PARK • Remains same if construction staging/access from Chateau • Pedestrian traffic from north of park and Chateau may be closed • HOURS OF CONSTRUCTION Page 1 of 2 • • • Limited to 7:30 AM to 6:30 PM • ENVIRONMENTAL CONTROLS • Dust control will be enforced • "Track-out" will be enforced • We wilt provide our project manager contact information on our website so that problems/questions can be directed to one point of contact 3. QUESTION AND ANSWER SESSION Page 2 of 2 No~rN T/1 ~ ~ Q ~ PROPO6ED DEVELOPMENT FOR ~ ~ ~ d $ ~ ~`~' CITY OF MERIDIAN ~ ~~ '°'° a ~' ~, a ~ /~~w~~ ~oa~ ~ ~ e ~ roel.ICwoxgsnsenx'rr,>t~rr: wnxmtDIVLSION F,ix (and x~5-ago F~-+ t °~ ~ azvs Nw arN srr~Er MerziDiw, ioaao ARCHITECTS ~~ 4~ a ~z ~o "4~x 0 z 'bn 4~ 0 z ~~ 4~ z PROPO6ED DEVELOPMENT FOR ~. _ D ~ ~ ~ ~' ., Nd0 S ALWV7E PL ~ caaa ow.srv. ccc N,w ooec :p € CITY OF MERIDIAN 1 ~ ~~~ ~ ~ ~, f,y ~ ~ ~ PUBLIC WORKS DEPARTbffiN'C: WATt;<tDMSION FAX ~ ~~ ~ 9936 NW 6TH 6T~ET MEwDiav, roavo ARCHITECTS \\Utllltptt~~, ~ ~~ a- °%,,,,;tl.°~~' ~~~$ $~! I ~ ~i~iaed uoisinia ~a;eery ueipiaaW ,t~r~ ~ ~Y~~«~ g ~~p ~},~ ~I~ ~ ®~ ~ ~~ ~ as °~, $~~@~ ~ @' S`~~ ~ ' :~ ~ ~ ~ ~~ ~ Z @ Fe@~~ie ~ 1~~~~ s ~ a~ ~~ ~ Z Z ~~ ~ r1~ ~ ~g ~ ~~ ~ ~ p ~ _ ~ ~ E~~ ~~ ~ ~ g - s g! B ~~ ~i~~ W ~~~~ R~~ Z q=~ d n3`a S a ~~ Z W 0 ~ ~~ ~ g c ~_ 0 W _. g a ~' i ~ 4 I el ~g ~ ~~ #~ $~ ~ I ~ ~~ ~~ ~~ i ~ il ~', ~: l I ~~ '~ ' I I ~ @~d" ' , ~ I ~ ', 4ad 8' ~~' '6 ~R~' ~ k ~ ~~~ I O ~ I ~ ' 8& 9pY8~8BbiT~~4j9~Ei ffi~, 4~~i 42 j February 17, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Public Works Department -Brad Watson ITEM NO. 6-A-2 REQUEST Well No. 17 Rehabilitation Line Adjustment 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 at public meetings shall become property of the City of Meridian. February 17, 2006 MERIDIAN CITY COUNCIL MEETING February 21,2006 APPLICANT ITEM NO. S REQUEST Request by Idaho Youth Ranch to Waive Fees for a Landscape Ordinance Variance Request 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: COMMENTS See attached NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. February 17, 2006 FP 06-003 MERIDIAN CITY COUNCIL MEETING February 21,2006 APPLICANT Paramount Development, Inc. ITEM NO. 9 REQUEST Final Plat approval for 45 single-family residential building lots and 1 common lot on 14.75 acres in a R-8 zone for Paramount Subdivision No. 12 -east of Linder Road and north of McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 17, 200b MFP 06-001 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Liberty Development, Inc. ITEM NO. 1 O REQUEST Request to Modify the Approved Fencing and to Remove Gravel Edge along Norfh Ten Mile Road to allow for landscaping for Silverleaf Subdivision No. 1 & 2 -- 6040 Norfh Ten Mile 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: Contacted: Emailed: COMMENTS See aFtached Memo from Planning / Email No Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shrill become properly of tite City of Meridian. u February l 7, 2~6 • MERIDIAN CITY COUNCIL MEETING February 21, 2~6 APPLICANT ITEM NO. 1 ~ REQUEST Continued Public Hearing from February 14, 2t~6 -Idaho Community Development Block Grant -- Meridian Senior Citizen Center Phase 2 AGENCY CITY CLERK: CITY ENGINEER: CffY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CfiY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERiplAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet C ~p y( PAW ~ fr~~'2~ ~~ ~~ SRe aNacitied COtttmenls MERIDIAN POST OFFICE: OTHER: Contacted: Emvi(ed: Date: Phone: Staff Init(a(r. Materio~ presented at plc meefin~ sfwll become properly ~ the C8y of Meridian. • • CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE February 21, 206 ITEM # 11 PROJECT NUMBER Idaho Community Dev. Block Grant PROJECT NAME Meridian Senior Center Phase 2 NAME (PLEASE PRIN FOR IAGAINSTINEUTRAL ~c~y February 17, 2006 AZ 05-052 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. ~ 2 REQUEST Continued Public Hearing from February 7, 2006 -Request for Annexation and Zoning of 7.87 acres from R1 to C-G zones for Sadie Creek Promenade Subdivision - 3055 North Eagle 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: Contacted: Emailed: COMMENTS See Previous Item Packet / MlnuFes Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Clty of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~~~ ~E9 ~ ~ 209 ~il~~ 1~~° ~d1~11 ~itsa ~~ ~;~. ., f~~ ~~,,,,~~'~ i i°81F t7F k~ ~ ~~ r~ ~ ~ a + IL~.T.~-ICA ~ ~~' t `~-e-~i~.7ii7.446'43~` ~M~ f4 ' Y In the Matter of Annexation and Zoning of 7.7 acres to C-G zone (General Commercial District) AND Preliminary Plat Approval for 24 Commercial lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district AND, for Sadie Creek Promenade by Landmark Development Group, LLC. Case No(s). AZ-OS-052/PP-OS-053/CUP-05-049 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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-052/PP-OS-053/CUP-OS-049- 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 21, 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 September 15 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 15, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 2 of 4 ~ r 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 21, 2006 By action of the City Council at its regular meeting held on the ~ l ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD .~~° ATTEST: VOTED_ '~~~ VOTED__~~~ VOTED ~~~~-v.~l VOTED_ @~~Gv VOTED WEERD - ~;:y~ I LIAM G. BER , JR., ITY ~~,E + ~,~~ ~~`~ 4 CITY OF MERIDIAN FINDINGS OF FACT, CONCL"~3dka~T~ ~aeL,A~V AND DECISION & ORDER CASE NO(S). AZ-OS-O52/PP-OS-053/CUP-OS-049- PAGE 3 of 4 Copy served upon: ~pplicant --M~' anning Department ~/ Public Works Department City Attorney BY~ Dated: 3' ~' U ~ C erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 4 of 4 CITY OF MERIDIAN PLANI~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 STAFF REPORT Meridian City Council Hearing Date: February 7, 2006 Continued to: February 21, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT: Sadie Creek Promenade - ~ ti t F J' ~, t~ ~~~ ~i#4~ ~i~ ~; t 4 ll~.~c9 r ,j. ~.. ..~ f f iY~, AZ-OS-052 -Annexation and Zoning of 7.7 acres to C-G (General Commercial) for Sadie Creek Promenade by Landmark Development Group, LLC PP-OS-053 -Preliminary plat for 241ots on 15.33 acres for Sadie Creek Promenade by Landmark Development Group, LLC. CUP-OS-049 -Conditional Use Permit for up to 150,000 sq. ft. retaiUrestaurant/office uses in a C-G Zone for Sadie Creek Promenade by Landmark Development Group, LLC VAR-OS-022 -Variance request to allow a right in/right out access point onto Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development Group, LLC 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct up to 150,000 square feet of retaiUrestaurantland office uses on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest corner of Ustick Road and Eagle Road/SH-55. This is the first detailed CUP application and would be the first commercial buildings constructed within the Kissler annexation project AZ-03-018. The 36.33-acre site was approved for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The applicant has submitted a Variance application concurrently with the CUP/PP/AZ applications that proposes one new approach to N. Eagle RoadlState Highway 55, for one right-in/right-out access driveway. The Idaho Transportation Department (ITD) has not approved any approach permits on this site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet south of Ustick Road. The overall design of the site is paramount on the approval of the Eagle Road approach. If the City Council denies the approach, Staff feels the conditions contained within this report and the amended Development Agreement for the 15.33 acres would sufficiently address the interconnectivity of the site as a public street access to Ustick Road and three approved approaches have been provided for by ACHD. 2. SUMMARY RECOMMENDATION 2a. Staff is recommending approval with conditions of the subject applications (AZ-OS-052, PP- OS-053, and CUP-OS-049). Staff is recommending denial of the variance application (VAR-OS- 022) Staff has recommended that the Council require the applicant to submit detailed elevations for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to comply with Section 11-3A-19 of the Unified Development Code (UDC) and to add a new 8-foot wide walkway in the parking lot. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved 4-1 to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson, Landmark Development, LLC ii. In opposition: None. iii. Commenting: Bill Knopp -Preferred the applicant not have access to Eagle Road Steve Grant -Traffic from development, and transitional uses with landscaping David Thurston -same comments iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. -Proposed uses on site ii. -Heights of Office Buildings iii. -Cross access points to the south of the site c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. -Commissioner Zaremba voted Nay on the project because he did not want to see access to Eagle as depicted on the presented documents. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range lE, Section 5 b. Owner Sadie Creek Commons LLC 8080 W. Sahara Ave Las Vegas, NV 89117 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark Development e. Present Zoning: General Retail and Commercial (C-G), Meridian, Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of RetaiURestaurant/Office/Drive thru and other Commercial uses oriented around automobile Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, and develop the new public street to improve traffic movement in the area. 4. PROCESS FACT5 a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, 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 Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use /planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: November 14, 2005 and October 31, 2005 (for Planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City Council) January 13, 2006 (for City Council) f. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission) January 13, 2006 (for City Council) g. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission). January 27, 2006 (for City Council) 5. LAND USE a. Existing Land Use(s): Bare land b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within CentrePoint Marketplace, Kohl's site zoned C-G. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Three undeveloped parcels zoned C-G/ RUT/Rl with the same Development Agreement. 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE ~ING DATE OF 2/21/06 Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Layton Lateral courses the southern part of property 5. Hazards: None identified 6. Size of Property: 15.33 acres 7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements. £ Subdivision Plat Information - N/A g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Comdors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots 1 and 2 of Block 1 as shown on the landscape/site plan shall include a 25-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: 150,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 23% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities -The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 1. Proposed and Required Residential Standards - N/A m. Proposed and Required Non-Residential Parking -One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 150,000 s.f., which requires 300 parking spaces. There are no Type A or Type B spaces shown, and the total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ^ The applicant is proposing one new access point to Eagle Road/SH55 to serve the Sadie Creek Promenade project at approximately 400 feet south of the Ustick/Eagle Intersection. As noted above, TTD must issue aright-in/right-out permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by ITD at a point to be determined by ACHD. This project along with the Bienville Project south of the site will connect with Sadie Creek Avenue, a proposed public street to meet the frontage road requirement and possible future connection to Eagle Road. In addition, the applicant is proposing three new access points to Ustick Road at the following locations: ^ Driveway #1- 400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a new public, commercial street extending south of Ustick Road, beginning approximately 1/ mile west of Eagle Road/SH55. The preliminary plat (Sheet PP-1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street approximately 165 feet east of the western boundary to the south property line. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through the proposed Bienville Subdivision. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north/south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both TTD's and ACHD's actions and comments, please see the letters/reports submitted with the application. 6. AGENCY COMMENTS MEETING On October 28~` 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN1~~". DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • 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 Off ce. 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 B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specif tally planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Bienville Subdivision meets the general classifications for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classif ed as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 aYeaS In the VdClnity. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACfID evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with AC~ID's standards. Please see the ACID staff report and Exhibit B for the conditions from ACFID. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal AYterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 2S foot wide landscape buffer is required adjacent to Yesidential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997." (Chapter VI, page 71) ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail store/restaurant/drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All 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 commercial development. c. General Off-Street Parking Standards (from UDC 11-3C-5): ^ The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1 Lpace for every five hundred (500 sauare feet of gross floor area. ^ Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (LJstick/Eagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. a. Development along Federal and State Highways: Unified Development Code (UDC) 11- 3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Sadie Creek Promenade Subdivision AZ-OS-O52/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANI~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application substantially complies with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan and building elevations in order for staff to recommend full approval of the application. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-OS-052): 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 findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 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. UDC 11-SB-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existing and future residential uses, and the lack of a detailed planned development staff believes that a Development Agreement 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 nearbYproperties Staff believes that the Development Agreement should include the following provisions: Phasing Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Ustick Road/Eagle Road intersection and then continue along Sadie Creek Promenade Subdivision AZ-OS-O52/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN1~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 Ustick Road. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Non-Residential Buildings: The applicant has requested a maximum of 150,282 square feet of retail/restaurantloffice spaces. Staff proposes to limit the applicant to their request. The maximum square footage of one single building shall not exceed %z of the maximum request. Office buildings (western property boundary) All buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be Gam -1 Opm. Drive Thru Separation Request: The applicant has requested the drive thru spacing requirement be reduced from 300' to 240'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this application. Access to SH 55/ Eagle Road The applicant has requested an access point to Eagle Road. According to ITD records the applicant has not submitted a request for access permit and is not vested with an access point for this location upon change in use. All access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. Uses: Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for Office Uses only. Not retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. 2. PP Application (PP-OS-053): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on 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 and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class II trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk. The second drive aisle access point to Ustick Road shall be designed with the private street sections as listed in UDC 11-3F and subject to Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANI~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 including sidewalks. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on 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 30-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. The applicant should be required to graphically depict a 30-foot wide landscape easement on the plat along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscaye Street Buffers: Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Ustick Road and Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B 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 Sadie Creek Avenue. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10-foot wide street buffer easements along Sadie Creek Avenue on the face of the fmal plat. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, 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 the all of the irrigation facilities located on site. See Exhibit B below. Pressure Irri atg ion: The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (UDC 11-3A-15). 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 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 City Code. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11- 3A-7). 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 fencing should be installed in accordance with City Code. See Exhibit B below. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANi~r DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 Cross-access Internal: 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 lots that do not have public street 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 portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and at least one of the non-signalized access points to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the fmal plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access: The Idaho Transportation Department (lTD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. CUP Application (CUP-OS-049): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Loading Space Parking UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. 2. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff's interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the south side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 'The applicant's CZC application must clearly demonstrate how this standard is met. 4. Cross Access: The property to the south is dependent on two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. Variance Application (VAR-OS-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staff s analysis in italics). For additional analysis, see the Variance Findings in Exhibit D. ^ Eagle Road Arterial Study -Final Report (Apri12OO41 This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 20051etter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACRD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "TTD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACTID has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all lie within 570 feet of Ustick Road which would be an acceptable length of which commercial users would expect public road access. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TAE RING DATE OF 2/21/06 - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and potential accidents on Eagle Road. ^ Traffic Accident Data Finally, to conclude staff's analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAWOVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 28 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff fmds the AZ/PP/CUP applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/PP/CUP application with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 1. Site Plan (by The Land Group, dated September 15, 2005) 2. Landscape Plan (by The Land Group, dated September 15, 2005) 3. Preliminary Plat (by The Land Group, dated September 15, 2005) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from UDC 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 Exhibit Al: Site Plan MP-1(The Land Group) Dated September 15, 2005 RCICF t w /~~^ PEE@pppdqyPd $g®ey Qx e ~~ b 83 ~9yay '?N ~A ~~ a ~g ~~ a s 1 ,{ ~ ~ ~, 3 '€ er a~ ,;' 3 ~~~~~ ~m ~~~~ t~ 9 ~ eg ~ ~: a~ a~ ur b S ~a, ~_ :1 3~ k 6~ ~ ~°~E~~~ ~~ ax~~~° q~ ~ s a~ aA aP ~ ~~~ ~~ g#~ $ ~ ~~-0a ~ ~ ;~ ~~ y, ~~ ~~ ~~°aA e ImH Y y! O ~ bR~ ~ ~' ~ ~ ~~~~~ ~g~ ~~~ ~~~~ ~ ~~Z oo~ ~ ~ ~ 0 _! _,/~ =d= _-- ~~.~-~ ---_ ~.~, -Y-26LG M - -- _ ejl9gg n @j~, z ~~i ~ a ~lsid z ~ x yy~ n ~~~ {{vI! 9:° ~~~59$~~ s~6~~~~ e ; ~~ 9 ja 9 `~ ~ P ~r°a ~~ ~ ' ~ ~ ~ $ ~ ~ ~ f ~~~~~~ ~ ~~~~~ ~~~r : ~~°BP ~/""~~~SG SADIE CREEK PROMEWADE SUBDIVISION Master Pian ,t1 I ~~ $ ~' ~ rt ;~ ~ r , Meridian Idaho ~ _ , ,, ~- Sadie Creek Promenade Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2121/06 Exhibit A2: Landscape Plan Ll.l(The Land Group) Dated September 15, 2005 ~a' _. s_'.A._~,p7_T ~~, e: :Y .' ~: e iL!Rt... __ ____. __._ - =.._.,a --- _--,_~ __.,~ - -111 ~A ~~1 ~ ~I{ ~ ! ~,~~~ ~ SADIE CREEK PROMENADE SUBDIVISION 1' _ e 1l~4~trm ~®~ t ~~, PRELIMINARY PLAT LANDSCAPE PLAN ` ~ ~ ~ MERIDIAN, lUAHD ` l ~i Sadie Creek Promenade Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANI~r DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 Ezhibit A3: Preliminary Plat PP-1(The Land Group) Dated September 15, 2005 ' ' I r -• P d ; °~y I B ~~° ~r P • d r =~rcex ~~~~~$ ~3~~~~ ~g .~ ~ q~ ~ ~~ ~~ n ~d ~~9~# ~~ ~a~ °~ ~ ~~ • ;~ e~ r' 3 s: a sy ~ a~ av ,'qgM a i ® ~ ~ ? A~~-a;~ ~, ~ ~° ~ ~ ; ~;? ~~ ~ a~~a:,e~ ~~~a~f p ~a,~~~ ~~ $~~ a3 aR ~ m ~~~ ~ R a~~~ ~1" ~~~~ ~~ ~ >pO~~ ~~e$9 ~ ~ s ~$ _~ ~'' g _ ~ --- -- _ Tr-- - -- - ----- _--__ _ s _ _._ -_ _ _' y ~. d /d _ ~ 3~i'~ ~' _~ ~ :: f ~ ~~ f.~ - - - . .~ ~~ '~ e_ ____ E -~'~ ~~ . ~6~~i9~~ ~ b~~i:g~~ ~ ~ ~ ~ ~~ ~~~'~ ~~ i ~ ~ ~ ~ :i~g ~~~;a1 1 ~~~j SADIE CREEK PROMENADE SUBONISION ~ [~ ~ oa Preliminary Plat I ; 1 - ---Meridian' Idaho I Ci~„ ~~ B Sadie Creek Promenade Subdivision Exhibit A Page 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 Ezhibit B: Legal Description ~®j/OH11C@ ~t ASSOf $eS P.A. engineers • Surveyors • Landplanners ~1 W. Stye Stre~, Suite E, lam, ~ ~tGt6 Teleptro~ (2~) 99:2824 Fax (208)939-2855 September 15, 2005 Project No. 2739 Legal Description The Land Group Annexation Area 8.32 Acres EXAIBIT A A tract of land for annexation and re-zone purposes situated in U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Comer of said Section 5, from which a found 5!8-inch steel pin monumenting the North One Quarter Comer of said Section 5 bears South 89°39'20" West a distance of 2656.46 feet, thence following the northerly line of said Section 4, North 89°35'50" Fast a distance of 27.59 feet to an Idaho Tt~nsportation 1?egartment Monument monumendng the intersection of said northerly line and the centerline of N. Eagle Road-Highway 55; Thence leaving said northerly line and following said centerline, South Ol°14'39° West a distance of 402.23 feet to the POINT OF BEGINNING. Thence following said centerline South Ol°14'39" West a distance of 277.05 feet to a point; Thence leaving said centerline North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; 'T`hence North 71 °28' 10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of said U.S. Government Lot 1; Thence following said westerly tine North 00° I S' 11" West a distance of 296.40 feet to a point; Thence leaving said westerly line South 66°12'00 " Last a distance of 600.96 feet to a found 5/8- inch steel pin; Thence South 8l°54'00" East a distance of 303.60 feet to a found 5/8-inch steel pin; Thence South 84°06'00" Last a distance of 498.95 feet to the POINT OF BEGINMNG. The atmve-described tract of land contains 8.32 acres, more or (ess, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET. StR°I`E E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) X:lYrajtxtslf~nd ~t2739tAdminV.e~alslAn~xation.dac Sadie Creek Promenade Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE 1~ING DATE OF 2/21/06 f7 D r o Z m 0 ~~ m0~mt ~DX ~o c°o~ ~~ D m ~ S ~ O ®~~{ m~= z m~~m ~w~ ~ ~"~ o ~ aQQQ~~ s N ~pNpOQ~ v O °~D. N ~ -) ~~ m ~~~ D i ~I ~ 0 ~®~ ,,I Z I ~° ~~ ov c`c~ ~~~ ~~ ~~ ~~ ~~~~ ~~ ~~ ~ ~' ~Rp ~ ~Z m (~ --1 m n Z r z rn to - - m N00°15'11°E 328. 96.40 ~~ ~~ ~ ti ~ ~ O~ `:U~ /,mot a D Z ~ 0o m ND ~ -_~ wl~ ~ o ~Ig m Z O rna ~ D I ~ m ~ D y O n ~ N ~ ~ p~~ O i ~g ~ ~ m o ~ o c_> z N z ~~ ' ~ .,-.~ e., i - 2n.o's 4o2.a3'- _ T S01'14'39'W 679.28' • ~ • I• . .500'00'00°W 2611.41' . . N. EAGLE ROAD -STATE HIGHWAY 55 m z ~ b rv Z rn I ~ ~ n O Z m ~. ~~ I~ . ~~ '`~ z I~ m i~ ~ 0 ni ~~, I°f. I I D D ~ O Q ~D_ ~z a moo W Z ~ o~z o~~o ~ ~cn -n ~~~,~. O D O ~ ~°onzm~~ ~ So ...1 ~ I • 1 v m'~' ~ iN~~ 0='~ r z o~~ moo ~Or ~ N O '-~ ITI 'T'I Z O n ~z w N z • w N c0 ~ ~ ~ O r*i Sadie Creek Promenade Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIltEMENTS- (Sadie Creek Promenade) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, dated September 15, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-052) and Conditional Use Permit (CUP-OS-049) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. As long as the two spaces are dedicated, striping of the spaces is not required. 1.1.3 Graphically depict on the face of the plat, the proposed 30-foot wide landscape buffer easement along the office lots that abut single-family lots. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the residential areas. 1.1.4 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.5 The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. Including but not limited to full landscaping along Eagle Road which currently is listed as a right-in/right-out access. 1.1.6 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.7 Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade Subdivision Business' Owners Association(s). 1.1.8 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Sadie Creek Promenade as an approved subdivision name. 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 The awnings on the north elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. Sadie Creek Promenade Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE ~ING DATE OF 2/21/06 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross pazking agreement(s) for all lots in Sadie Creek Promenade Subdivision. All cross access drive aisles shall only approach the ACRD approved points of access to the public street system. Maintenance of the aisle and pazking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACHD, direct lot access to Ustick Road, Eagle Road, and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.17 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. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIREMENTS PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 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 aze 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 11-3A- 18. 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 standazds 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. 1.1.22 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 azound the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.23 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. 1.1.24 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 MCC 12-4-13, unless otherwise approved by the Irrigation 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. Sadie Creek Promenade Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLAN7~ DEPARTMENT STAFF REPORT FOR THE ~ING DATE OF 2/21/06 1.1.25 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. 1.1.26 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extensions of mains located in E. Ustick Road. The applicant shall install mains to and through this development, 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. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 An additional water connection to the main located in N. Eagle Road may be required to ensure adequate fire flows. The decision will be made by the City Engineer once specific building designs and fire flow requirements are submitted. 2.4 Provide a 20-foot easement for all public water/sewer mains 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 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated that the required pressurized irrigation system in this development is to be owned and operated by the Business Owner's Association. Plans will be reviewed by Public Works as part of the plan review process with a draft "Operations and maintenance" manual being required prior to plan approval. 2.6 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 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 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 City Ordinance 12-4- 13. 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, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 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. Sadie Creek Promenade Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 2.10 The preliminary plat does not indicate how the storm drainage will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 maybe 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 All grading of the site shall be performed in conformance with City Code. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Sadie Creek Promenade Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 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 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. 'The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Sadie Creek Promenade Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed plat and/or site design 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 Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service 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 7.1 Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Dedicateright-of--way to accommodate the sidewalk or provide a sidewalk easement. 7.2 Construct a 40-foot wide north-south public street located at the west property line, with vertical curb, gutter and 5-foot wide attached concrete sidewalk abutting this parcel. A temporary turnaround is required. Install a sign at the terminus of the roadway stating that "THIS ROAD WII.L BE EXTENDED IN THE FUTURE". Sadie Creek Promenade Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 7.3 Aright-in/right-out driveway is approved on Ustick Road as constructed, located approximately 400-feet west of Eagle Road. 7.4 A full access driveway is approved on Ustick Road as constructed, located approximately 600- feetwest of Eagle Road. 7.5 Driveways on the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick Road. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 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. 7.1 l 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. 7.12 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. 7.13 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. 7.14 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. 7.15 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.16 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 ACHD conduits (spare or filled) are compromised during any phase of construction. Sadie Creek Promenade Subdivision Exhibit C Page 7 C[TY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 7.17 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. 7.18 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. Sadie Creek Promenade Subdivision Exhibit C Page 8 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE 1~ING DATE OF 2/21/06 Exhibit D. Required Findings from Zoning Ordinance 1. Annexation Findings UDC 11-SB-3E: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Staff fmds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-053/CUP-OS- 049/VAR-OS-022). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Several road improvement projects are occurring in the near vicinity to the site or are approaching completion that are tied in with the approved and under construction projects, specifically Ustick Road. The subject property is generally surrounded by rapidly developing commercial properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Council fmds that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The entire site is being proposed as commercial and upon build out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed commercial units but has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. The Council fmds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such Sadie Creek Promenade Subdivision Exhibit D Page 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE ~ING DATE OF 2/21/06 as government offices. The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Further, the 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 all City Code provisions. The Commission and Council rely on any oral or written testimony that maybe provided when determining this fording. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The 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. ACHD has submitted a staff report with site specific and standard conditions are attached as Exhibit C. 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/departments, staff fords that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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 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. E. The annexation is in the best of interest of the City (IJDC 11-5B-3.E). If the applicant enters into a Development Agreement (DA) with the City, the Council fords that the annexation and zoning of this property to C-G (General Commercial, and in accordance with the findings listed above, the Council finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City (see Analysis section in the Staff Report). 2. Preliminary Plat Findings UDC 11-6B-6: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: Sadie Creek Promenade Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~ING DATE OF 2/21/06 A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; 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. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITI) consider road safety issues in their analysis. The Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the perimeter of the site. 3. Conditional Use Findings UDC 11-5B-6E 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 fmd evidence presented at the hearing(s) is adequate to establish: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is 15.33 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. Sadie Creek Promenade Subdivision Exhibit D Page 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2/21/06 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fords that the proposed retaiUrestaurant/office/drive thru uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, this fording will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fords that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council fords that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ/VAR conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and ITD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council fords that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed apublic-private partnership to improve Ustick Road to five lanes and ACHD is planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council fords that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant andlor future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Sadie Creek Promenade Subdivision Exhibit D Page 4 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF 2/21/06 The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council fords the future buffer between land uses along the west boundary and the Ustick/Eagle Road street buffers will help to mitigate noise, fumes and glare created by the additional traffic. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features on this site. 4. Variance Findings UDC 11-5B-4D The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access points to Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. The applicant has more than 500 feet of frontage on Ustick Road with which to design multiple access points and take public street access. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. However, to staff's knowledge, no such recommendation has been provided to date. ITD staff has commented that standard district policy applies to the site which does not allow for access to Eagle Road other than at the %z mile intersections. Therefore, the City Council fords that granting a variance to the site would be a special privilege which is not allowed in this district. 2. The variance relieves an undue hardship because of characteristics of the site; Council finds there are no physical characteristics of the site which demand access points be constructed that are any more unique or different than other properties along Eagle Road SH55. For example, there are no major canals or ditches which prevent access to Overland Road. The subject property has no barriers to constructing multiple access points to Overland Road as approved by ACRD. Granting any of the proposed access points to Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road SH55 would not be forced to use Ustick Road to get through the Eagle/Overland intersection; drivers could potentially make a free right-out turn and avoid aright-hand turn on to Ustick Road from the site. However, this is not tied to a physical characteristic of the site, which is what this fording requires. In addition, when construction upgrades (signalized intersection at Sadie Creek Avenue) to Ustick Road to the west of the site are complete, aright-hand turn onto Ustick from the site should be relatively simple with little or no stacking for southbound traffic and multiple turning lanes for northbound traffic. Sadie Creek Promenade Subdivision Exhibit D Page 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 3. The variance shall not be detrimental to the public health, safety, and welfare Council finds that granting the right-in/right-out access points to Eagle Road SH55 has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. A vehicle going 55 miles per hour will trave180.685 feet each second, as the proposed access is only 306 feet from the intersection it would take a south bound vehicle approximately 4.5 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. If a center median is constructed, some of these potential conflicts may be avoided, but it does not address the increased number of vehicles needing to merge with southbound Eagle Road traffic. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Kohl's CUP Application Exhibit F Page 1 February 17, 2006 PP 05-053 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. ~ 3 REQUEST Continued Public Hearing from February 7, 2006 -Request for Preliminary Plat approval of 24 commercial building lots on 15.33 acres in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision - 3055 8~ 3085 Eagle Rd. 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: COMMENTS See Previous Item Packet /Minutes Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ~~~~~~~ FEE 1 P 70~ City ®f I~e~°iclian. City ~,k ®ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~ ~. F ,. M, ~ /~``CI'11's"iF ~~~~~' -~ ' ~ ~ ~ ~ ~'~ L /~i 1.~ "i d' ~ kepi: ~~ ¢- In the Matter of Annexation and Zoning of 7.7 acres to C-G zone (General Commercial District) AND Preliminary Plat Approval for 24 Commercial lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district AND, for Sadie Creek Promenade by Landmark Development Group, LLC. Case No(s). AZ-OS-052/PP-OS-053/CUP-05-049 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) ' 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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-052/PP-OS-053/CUP-OS-049- PAGE I of 4 • 4. Due consideration has been given to the comment(s) received from the govenunental 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 21, 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 September 15 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 15, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 2 of 4 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 21, 2006 ~~ 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__~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED /~~~F'~_ COUNCIL MEMBER KEITH BIRD VOTED__Z~~G~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~' WEERD ~~ ~' ~~ ATTEST: ~ ~ ~® WILLIAM G. BERG, J ., C C~,E ~ s 4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLI~ ~9~V~~~,,AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 3 of 4 Copy served upon: / Applicant / Planning Department ~ Public Works Department ./ City Attorney BY~ Dated:~~j ~' ~(~ lL City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 4 of 4 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 STAFF REPORT Meridian City Council Hearing Date: February 7, 2006 Continued to: February 21, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT: Sadie Creek Promenade '~ ~- tl F fL'Yi G7~ ~h ~ ~~ ~ , i~~'~lf i- `~ ~~w~ ~.,,. ~Y.$ ~F °FrM l~~ .~•- AZ-OS-052 -Annexation and Zoning of 7.7 acres to C-G (General Commercial) for Sadie Creek Promenade by Landmark Development Group, LLC PP-OS-053 -Preliminary plat for 241ots on 15.33 acres for Sadie Creek Promenade by Landmark Development Group, LLC. CUP-OS-049 -Conditional Use Permit for up to 150,000 sq. ft. retaiUrestaurant/office uses in a C-G Zone for Sadie Creek Promenade by Landmark Development Group, LLC VAR-OS-022 -Variance request to allow a right in/right out access point onto Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development Group, LLC 1. SUNIIVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct up to 150,000 square feet of retaiUrestaurant/and office uses on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest corner of Ustick Road and Eagle Road/SH-55. This is the first detailed CUP application and would be the first commercial buildings constructed within the Kissler annexation project AZ-03-018. The 36.33-acre site was approved for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The applicant has submitted a Variance application concurrently with the CUP/PP/AZ applications that proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. The Idaho Transportation Department (ITD) has not approved any approach permits on this site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet south of Ustick Road. The overall design of the site is paramount on the approval of the Eagle Road approach. If the City Council denies the approach, Staff feels the conditions contained within this report and the amended Development Agreement for the 15.33 acres would sufficiently address the interconnectivity of the site as a public street access to Ustick Road and three approved approaches have been provided for by ACHD. 2. SUNIlVIARY RECOMMENDATION 2a. Staff is recommending approval with conditions of the subject applications (AZ-OS-052, PP- OS-053, and CUP-OS-049). Staff is recommending denial of the variance application (VAR-OS- 022) Staff has recommended that the Council require the applicant to submit detailed elevations for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to comply with Section 11-3A-19 of the Unified Development Code (LJDC) and to add a new 8-foot wide walkway in the parking lot. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved 4-1 to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson, Landmark Development, LLC ii. In opposition: None. iii. Commenting: Bill Knopp -Preferred the applicant not have access to Eagle Road Steve Grant -Traffic from development, and transitional uses with landscaping David Thurston -same comments iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. -Proposed uses on site ii. -Heights of Office Buildings iii. -Cross access points to the south of the site c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. --Commissioner Zaremba voted Nay on the project because he did not want to see access to Eagle as depicted on the presented documents. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range 1 E, Section 5 b. Owner Sadie Creek Commons LLC 8080 W. Sahara Ave Las Vegas, NV 89117 Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark Development e. Present Zoning: General Retail and Commercial (C-G), Meridian, Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant/OfficelDrive thru and other Commercial uses oriented around automobile Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I~iING DATE OF 2/21/06 traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, and develop the new public street to improve traffic movement in the area. 4. 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 Unified Development Code Title 11 Chapter 5 Article B Section 3, 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 Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use /planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: November 14, 2005 and October 31, 2005 (for Planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City Council) January 13, 2006 (for City Council) f. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission) January 13, 2006 (for City Council) g. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission). January 27, 2006 (for City Council) 5. LAND USE a. Existing Land Use(s): Bare land b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within CentrePoint Marketplace, Kohl's site zoned C-G. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Three undeveloped parcels zoned C-G/ RUT/Rl with the same Development Agreement. 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: Agricultural/Iirigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Layton Lateral courses the southern part of property 5. Hazards: None identified 6. Size of Property: 15.33 acres 7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information - N/A g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll .1) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots 1 and 2 of Block 1 as shown on the landscape/site plan shall include a 25-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: 150,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 23% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities -The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 1. Proposed and Required Residential Standards - N/A m. Proposed and Required Non-Residential Parking -One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 150,000 s.f., which requires 300 parking spaces. There are no Type A or Type B spaces shown, and the total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ^ The applicant is proposing one new access point to Eagle Road/SH55 to serve the Sadie Creek Promenade project at approximately 400 feet south of the Ustick/Eagle Intersection. As noted above, TI'D must issue aright-in/right-out permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by TTD at a point to be determined by ACRD. This project along with the Bienville Project south of the site will connect with Sadie Creek Avenue, a proposed public street to meet the frontage road requirement and possible future connection to Eagle Road. In addition, the applicant is proposing three new access points to Ustick Road at the following locations: ^ Driveway #1 - 400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet PP-1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street approximately 165 feet east of the western boundary to the south property line. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through the proposed Bienville Subdivision. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north/south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both TTD's and ACHD's actions and comments, please see the letters/reports submitted with the application. 6. AGENCY COMMENTS MEETING On October 28~' 2005, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 7. COMPREFIENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Off ce. Once annexed the lands will be serviced by the Meridian Police Department (NIPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. • The subject lands are currently serviced by the Meridian School District #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 B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specif tally planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Bienville Subdivision meets the general class cations for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classif ed as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential Sadie Creek Promenade Subdivision AZ-OS-O52/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 areas In the VlCdYllty. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACfID evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACTID's standards. Please see the ACfID staff report and Exhibit B for the conditions from ACFID. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 25 foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimising the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997." (Chapter VI, page 71) ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimise access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets:' (Chapter VII, Goal IV, Obj. D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail store/restaurant/drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All 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 commercial development. c. General Off-Street Parking Standards (from UDC 11-3C-5): ^ The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1Lpace for every five hundred (500 square feet of gross floor area. ^ Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. a. Development along Federal and State Highways: Unified Development Code (LJDC) 11- 3H-1,Purposc. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF 2/21/06 a. the section line road; and b. the half-mile mark between section line roads. Thesehalf-mile connecting streets shall be collector roads: ' d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road:' 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application substantially complies with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan and building elevations in order for staff to recommend full approval of the application. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-OS-052): 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 findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 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. UDC 11-SB-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existing and future residential uses, and the lack of a detailed planned development staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Ustick RoadfEagle Road intersection and then continue along Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE ~tING DATE OF 2/21/06 Ustick Road. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. 'These office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Non-Residential Buildings: The applicant has requested a maximum of 150,282 square feet of retaiUrestaurantloffice spaces. Staff proposes to limit the applicant to their request. The maximum square footage of one single building shall not exceed'/z of the maximum request. Office buildings (western property boundary) All buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be Gam -1 Opm. Drive Thru Separation Request: The applicant has requested the drive thru spacing requirement be reduced from 300' to 240'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this application. Access to SH 55/ Eagle Road The applicant has requested an access point to Eagle Road. According to TTD records the applicant has not submitted a request for access permit and is not vested with an access point for this location upon change in use. All access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. Uses: Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for Office Uses only. Not retail uses shall be located on these lots. All other lots shall be limited to Office/RetaiURestaurantlDrive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. 2. PP Application (PP-OS-053): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on 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 and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class II trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk. The second drive aisle access point to Ustick Road shall be designed with the private street sections as listed in UDC 11-3F and subject to Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 including sidewalks. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on 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 30-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. The applicant should be required to graphically depict a 30-foot wide landscape easement on the plat along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Ustick Road and Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B 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 Sadie Creek Avenue. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10-foot wide street buffer easements along Sadie Creek Avenue on the face of the fmal plat. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, 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 the all of the irrigation facilities located on site. See Exhibit B below. Pressure Irri atg_ ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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 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 City Code. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the fmal plat (UDC 11- 3A-7). 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 fencing should be installed in accordance with City Code. See Exhibit B below. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN114'G DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Cross-access Internal: 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 lots that do not have public street 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 portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and at least one of the non-signalized access points to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the fmal plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- halfmile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. CUP Application (CUP-OS-049): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Loading Space Parking_ UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. 2. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staffls interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the south side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. 4. Cross Access: The property to the south is dependent on two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. Variance Application (VAR-OS-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in Exhibit D. ^ Eagle Road Arterial Studv -Final Report (Anri12OO4) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 2OO51etter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACbID Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACFID has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all lie within 570 feet of Ustick Road which would be an acceptable length of which commercial users would expect public road access. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and potential accidents on Eagle Road. ^ Traffic Accident Data Finally, to conclude staff's analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. 'There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUP applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/PP/CUP application with the conditions shown in Exhibit B. 10. EDITS A. Drawings Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNIIC~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 1. Site Plan (by The Land Group, dated September 15, 2005) 2. Landscape Plan (by The Land Group, dated September 15, 2005) 3. Preliminary Plat (by The Land Group, dated September 15, 2005) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from UDC 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 Exhibit Al: Site Plan MP-1(Tbe Land Group) Dated September 15, 2005 ras~ce ~ it ' _L r__.- / / ~~ r - _ .muse - --s-.~saa a- - - ____ , 6 ~ yF @ t1 ~ ! a ~ ~ ~ ~ s~~P~ :&1~`~f ° i. ~ma~$ _.~ ,#d ~K~®~ ~"~ ~a~ ~ vA m -'~ ''-a ~ n~ z~ r. is ~ ~, g: Yc P+ s , p'' ~ ~~ 9 a3 ve i ~~a~~, ~ ~~~' ~~®~°~~ ~~~a~a~ ~~~~~~f S A• ~~~ 3 e~ 4 i ~ } 3 ~~ ~~ ~~ ~~ ~~ 8 g ®®g~ "~p~q~ ~b~g5 °s r i ~ yy n ~ ~ a C7 > ' a~~ i ~ IE ~ 1 ~~g( ii a ~ ~ F ~ l~~ ~a fa a ail ~ o ~~~ ~~i1~ ®9 ~ ° ed ~~ e ° ~ m 0 ~ - ##. s 2~~ ~ x ~~~~~I~~ ~~~~~§~~ ~~~~+~• l3e a, la~t~ g ~q~~}° ~ ~ ~ o A ~~ A[[•EE " " ~ 1 y 7 9 y y Id+ J 33 {Yy ~ ` ~ ' ~=1 i I ~°IS 6 i ~•a.a( ~ t SADIE CREEK PROMENADE SUBDNISIOId b ++eg t ~ I9f ' ~~j~ ~~ Master Pian ~ ° ~ e s I'!~° ~ i 1 ~ Meridian. Naha .° ®~ Sadie Creek Promenade Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21!06 Ezhibit AZ: Landscape Plan Ll.l(The Land Group) Dated September 15, 2005 .. .t~ ie. ti3e .i ~- w.~--- -- _ .___ - --- ~ ~ --so~azi.-= . ~ ,~t. :, itl~1 } ;i~ ~ ~ ~.g~e ~ SADIE CREEK PROMENADE SUBQIVISION !; r °" gl~+et~ ~~ ~ ~~~ ~ PRELIMINARMY~,LAND~SCAPE PLAN f ~ Eo~ Sadie Creek Promenade Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE KING DATE OF Z/21/06 Exhibit A3: Preliminary Plat PP-1(The Land Group) Dated September 15, 2005 _t' ~, ''~a f _ ~-yar~lw°c- - a~a~ ,.:=-Yi ~. -- _ ---sue.` ~ __ _ _. -_-- --- yyy -~~} ~~~~~i°~il~ x~~~~ ~3 ~~q~ ~s,,, yak a ~a ~~ ~m a a a ~~~°~ k~ 19 ~ a' Vim;>;i~~,€~ °~~A~~~ ~ ~'~9~~ ~~~~~ ~~~~9~~ ®~~~~ a $ $~ a3 aA d `~ q z ~~ ~ W~ ry~ ~ ~ ~ ac.e~ ~$~ ~ ~~ O A ~ ~~~~~ ~a~~ o ~ ~ ~g'p~ ~ to .~i F~ ='~ ;' r G A ~ t i -; ~ ~~~~~~~~ o b%~~,~a ~ ~-- ~g~~El~ ,y ~a~~e ._, --~ ~_.;,~~ ~ ~ °> i z ~ ~ 'n I~r ~ m ~' -1 , If~a.,. _~ ', a "OI a R ~~~~ ~~ I ~~I~,E ~ ~'~l#~ SADiE CREEK PROMENADE SUBDNISION (~ ~l Prelimina Plat I , < r< ~ 'e _Merid'ran, d o ~ I~ i ~r~e ~~ ~ .. ~P ~ .j Sadie Creek Promenade Subdivision Exhibit A Page 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2(21/06 Ezhibit B: Legal Description ~O,/fHf1Ce $t AS~OC $eS P.A. ~gineers • Surveyors • Landptanners ~1 bV. Stale Stre~, Sine !~ Eagle, ldatw 8361Ei T (2~j 932824 Fax (208)93.4-2855 September I5, 2005 Project No. 2739 Legal Description The Land Group Annexation Area 8.32 Acres EXHIBIT A A tract of land for annexation artd re-zone purposes situated in U.S. Govenunent Lot I of Section 5 and U.S. Government Lot 4 of Section 4, Township 4 North., Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing az a found brass cap monumeneing the Northeast Corner of said Section 5, from which a found 5/8-inch steel pin monumenting the North One tZuarter Comer of said Section 5 ln:ars South 89°39'20" West a distance of 2656.46 feet, thence following the northerly line of said Section 4, North 89°35'50" East a distance of 27.59 feet to an Idaho Transportation DeparUnent Monument monumenting the intersection of said northerly line and the centerline of N. Eagle Road-Highway 55; Thence leaving said northerly line and following said centerline, South O!°14'39" West a distance of 402.23 feet to the POINT OF BEGIlVNING. Thence following said centerline South O1°14'39" Wese a distance of 277.05 feet to a point; Thence leaving said centerline North 83°54'00" Weat a distance of 580.48 feet to a found 518-inch steel pin; Thence North 71 °28' 10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of said U.S. Government Lot 1; Thence following said westerly line North 00°15' I1" West a distance of 296.40 feee to a point; Thence leaving said westerly line South 66°12'00 " East a distance of 600.96 feet to a found 5/S- inch steel pin; Thence South 81°54'00" East a distance of 303.60 feet to a found 5/8-inch steel pin; Thence South 84°~'~" East a distance of 498.95 feet to the POINT OF BEGINMNG. The above-described tract of land contains 8.32 acres, more or less, subjece to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET. SLTtE E EAGLE, IDAHO 836!6 208-939-2824 208-939-2855 (FAX) X:~ProjeetsVLend (3naup1273~iAdminVJegalslAn»cxaeion.dac Sadie Creek Promenade Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~ZING DATE OF 2/21/06 t°! fD o r'1 2 -~ 0 0 ~~ m0 ~a~C Z~I ~~~ CO ~° m ~g 0 0 N ~~~ Z N ~~Nm ~~ Z ® o xm D vp~sN Nm p,~ .°°.a ~ 0 °~D N '_~ ~ ~~ N ~~~ ~ I " ~ IIf I j I ~~~~ I I 'r1 'rl ~'1 C1 ~~ ~~ zz zn ,~~~ vo vc ~g~ ~~ ~ ~~~~ ~~ ~~ m ~ N00'15'11°E 328. 196.40 f ~ w z .'ia ~ ~ ( ,. ~ // ~ ~ ~: O~ ~~ ~o ti`r m. ce ~ o~~ I~ ~~+ m~: ~~ ' Z ohm z `~ ~ m ~ ~ fTl ~ r<i N D ~_ ~~ o~i ~ o olg r ~ ~ z rr1' (N ~ /~ J V 7 D ~ I0, 1 r,-~ w ~ ~ cn a°o g Iv r 2 O' ~ m ~~ v w ~--- z m - S01'14'39'W v o ~ I • o -n m m ~~ I ~z a z ( . l ~ 369.56' 646.36 _ ~ ~ 402.23'- 679 28' ~ ,~, w ~ ~ . _ ~ cwn D p v ry* OD~ z ~~ D goo wz~ ~~z° ~~~~ ~~vc ODpin o z m ~ ~ 0 N~ ~~~ ~yzz iN~~ o~o~ o -' ~ rn -p o 0 ~-n.~ ~~o m~ zon ~z . . S00~0'00°W 2611.41' - - .. ~~ `O- o N. EAGLE ROAD -STATE HIGHWAY SS z~ r`' ~~ r v m ~ ~ Sadie Creek Promenade Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2/21/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (Sadie Creek Promenade) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, dated September 15, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-052) and Conditional Use Permit (CUP-OS-049) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires ofF street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. As long as the two spaces are dedicated, striping of the spaces is not required. 1.1.3 Graphically depict on the face of the plat, the proposed 30-foot wide landscape buffer easement along the office lots that abut single-family lots. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the residential areas. 1.1.4 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.5 The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. Including but not limited to full landscaping along Eagle Road which currently is listed as a right-in/right-out access. 1.1.6 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.7 Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade Subdivision Business' Owners Association(s). 1.1.8 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Sadie Creek Promenade as an approved subdivision name. 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 The awnings on the north elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refitse/service area. 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. Sadie Creek Promenade Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Sadie Creek Promenade Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACRD, direct lot access to Ustick Road, Eagle Road, and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.17 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. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 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 11-3A- 18. 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. 1.1.22 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 fencing should be installed in accordance with City Code. 1.1.23 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. 1.1.24 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 MCC 12-4-13, unless otherwise approved by the Irrigation 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. Sadie Creek Promenade Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF 2/21/06 1.1.25 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. 1.1.26 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extensions of mains located in E. Ustick Road. The applicant shall install mains to and through this development, 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. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 An additional water connection to the main located in N. Eagle Road may be required to ensure adequate fire flows. The decision will be made by the City Engineer once specific building designs and fire flow requirements are submitted. 2.4 Provide a 20-foot easement for all public water/sewer mains 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 81/2" x 11" map with bearings and distances (marked EXIiIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated that the required pressurized irrigation system in this development is to be owned and operated by the Business Owner's Association. Plans will be reviewed by Public Works as part of the plan review process with a draft "Operations and maintenance" manual being required prior to plan approval. 2.6 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 utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.7 All imgation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. 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, plans will be reviewed and approved by the meridian City Engineer prior to fmal plat signature 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 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. Sadie Creek Promenade Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I~tING DATE OF 2/21/06 2.10 The preliminary plat does not indicate how the storm drainage will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 maybe 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 All grading of the site shall be performed in conformance with City Code. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Sadie Creek Promenade Subdivision Exhibit C Page 4 C[TY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF 2/21/06 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping. 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 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Sadie Creek Promenade Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF 2/21/06 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed plat and/or site design 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 Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate fi~ame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service 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 7.1 Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Dedicateright-of--way to accommodate the sidewalk or provide a sidewalk easement. 7.2 Construct a 40-foot wide north-south public street located at the west property line, with vertical curb, gutter and 5-foot wide attached concrete sidewalk abutting this parcel. A temporary turnaround is required. Install a sign at the terminus of the roadway stating that "THIS ROAD WII,L BE EXTENDED IN THE FUTURE". Sadie Creek Promenade Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 7.3 Aright-in/right-out driveway is approved on Ustick Road as constructed, located approximately 400-feet west of Eagle Road. 7.4 A full access driveway is approved on Ustick Road as constructed, located approximately 600- feet west of Eagle Road. 7.5 Driveways on the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick Road. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 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. 7.11 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. 7.12 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. 7.13 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. 7.14 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. 7.15 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.16 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 fitll 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. Sadie Creek Promenade Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE ~21NG DATE OF 2/21/06 7.17 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. 7.18 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. Sadie Creek Promenade Subdivision Exhibit C Page 8 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Ezhibit D. Required Findings from Zoning Ordinance 1. Annexation Findings UDC 11-SB-3E: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Staff fords that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-053/CUP-OS- 049/VAR-OS-022). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Several road improvement projects are occurring in the near vicinity to the site or are approaching completion that are tied in with the approved and under construction projects, specifically Ustick Road. The subject property is generally surrounded by rapidly developing commercial properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Council fords that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The entire site is being proposed as commercial and upon build out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed commercial units but has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. The Council finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such Sadie Creek Promenade Subdivision Exhibit D Page I CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I~iING DATE OF 2/21/06 as government offices. The Council fords that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Further, the 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 all City Code provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this fording. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The 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 properly owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions are attached as Exhibit C. 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/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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 proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant enters into a Development Agreement (DA) with the City, the Council fmds that the annexation and zoning of this property to C-G (General Commercial, and in accordance with the fordings listed above, the Council finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City (see Analysis section in the Staff Report). 2. Preliminary Plat Findings UDC 11-6B-6: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: Sadie Creek Promenade Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; 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. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the perimeter of the site. 3. Conditional Use Findings UDC 11-SB-6E 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 fmd evidence presented at the hearing(s) is adequate to establish: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is 15.33 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. Sadie Creek Promenade Subdivision Exhibit D Page 3 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I~iING DATE OF 2/21/06 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed retaiUrestaurant/office/drive thru uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, this fmding will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fmds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ/VAR conditions and constructs all improvements and operates the use.in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and ITD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council fmds that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed apublic-private partnership to improve Ustick Road to five lanes and ACHD is planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Sadie Creek Promenade Subdivision Exhibit D Page 4 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I-~ING DATE OF 2/21/06 The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council fords the future buffer between land uses along the west boundary and the Ustick/Eagle Road street buffers will help to mitigate noise, fumes and glare created by the additional traffic. S. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features on this site. 4. Variance Findings UDC 11-SB-4D The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access points to Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. The applicant has more than 500 feet of frontage on Ustick Road with which to design multiple access points and take public street access. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. However, to staffs knowledge, no such recommendation has been provided to date. ITD staff has commented that standard district policy applies to the site which does not allow for access to Eagle Road other than at the %z mile intersections. Therefore, the City Council finds that granting a variance to the site would be a special privilege which is not allowed in this district. 2. The variance relieves an undue hardship because of characteristics of the site; Council finds there are no physical characteristics of the site which demand access points be constructed that are any more unique or different than other properties along Eagle Road SH55. For example, there are no major canals or ditches which prevent access to Overland Road. The subject property has no barriers to constructing multiple access points to Overland Road as approved by ACHD. Granting any of the proposed access points to Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road SH55 would not be forced to use Ustick Road to get through the Eagle/Overland intersection; drivers could potentially make a free right-out turn and avoid aright-hand turn on to Ustick Road from the site. However, this is not tied to a physical characteristic of the site, which is what this fording requires. In addition, when construction upgrades (signalized intersection at Sadie Creek Avenue) to Ustick Road to the west of the site are complete, aright-hand turn on to Ustick from the site should be relatively simple with little or no stacking for southbound traffic and multiple turning lanes for northbound traffic. Sadie Creek Promenade Subdivision Exhibit D Page 5 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE ~:ING DATE OF 2/21/06 3. The variance shall not be detrimental to the public health, safety, and welfare Council fords that granting the right-in/right-out access points to Eagle Road SH55 has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. A vehicle going 55 miles per hour will trave180.685 feet each second, as the proposed access is only 306 feet from the intersection it would take a south bound vehicle approximately 4.5 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. If a center median is constructed, some of these potential conflicts maybe avoided, but it does not address the increased number of vehicles needing to merge with southbound Eagle Road traffic. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Kohl's CUP Application Exhibit F Page 1 February 17, 200b CUP 05-0499 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. 14 REQUEST Continued Public Hearing from February 7, 2006 -Request for conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C-G zone and an approved C-G zone for Sadie Creek Promenade Subdivision -Eagle Rd. 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 Previous Item Packet /Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RFC~,r~~;~ x t FTe" f5~ ~° ~~~ ~ ~_~ ly +~ ur.wr~ ;~'~ a,!3... Via„ "zjf f `~, In the Matter of Annexation and Zoning of 7.7 acres to C-G zone (General Commercial District) AND Preliminary Plat Approval for 24 Commercial lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district AND, for Sadie Creek Promenade by Landmark Development Group, LLC. Case No(s). AZ-OS-052/PP-OS-053/CUP-OS-049 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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-052/PP-OS-053/CUP-OS-049- PAGE 1 of 4 r~ 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 21, 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 September 15 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 15, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 2 of 4 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 21, 2006 t By action of the City Council at its regular meeting held on the ~ ` day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ ~J~~ COUNCIL MEMBER JOE BORTON VOTED_ iL~~G~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~~~ COUNCIL MEMBER KEITH BIRD VOTED--~'~ TIE BREAKER ~. MAYOR TAMMY de WEERD VOTED WEERD ATTEST: ~ ~~`' `~~ WILLIAM G. BERG, J ., C CL~R~. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS'I~+V~aQ~'~B3A.~~AND DECISION & ORDER CASE NO(5). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 3 of 4 • Copy served upon: ~pplicant Planning Department -/ Public Works Department ~ City Attorney By: Dated: 3' ~'®l~ City Clerk's Of ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-OS-052/PP-OS-053/CUP-OS-049- PAGE 4 of 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 STAFF REPORT Meridian City Council Hearing Date: February 7, 2006 Continued to: February 21, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT: Sadie Creek Promenade ` ,~ d ~ E., f:E'r'4'41g ~~~ ~~ 3® ~~~ ~~~ u~,~~F ti ~o,+~-era h ~q hh ~ f f " irt::~. ice.. ~a - AZ-OS-052 -Annexation and Zoning of 7.7 acres to C-G (General Commercial) for Sadie Creek Promenade by Landmark Development Group, LLC PP-OS-053 -Preliminary plat for 241ots on 15.33 acres for Sadie Creek Promenade by Landmark Development Group, LLC. CUP-OS-049 -Conditional Use Permit for up to 150,000 sq. ft. retaiUrestaurant/office uses in a C-G Zone for Sadie Creek Promenade by Landmark Development Group, LLC VAR-OS-022 -Variance request to allow a right in/right out access point onto Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development Group, LLC 1.5iT1VIIVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct up to 150,000 square feet of retaiUrestaurant/and office uses on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest corner of Ustick Road and Eagle Road/SH-55. This is the first detailed CUP application and would be the first commercial buildings constructed within the Kissler annexation project AZ-03-018. The 36.33-acre site was approved for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The applicant has submitted a Variance application concurrently with the CUP/PP/AZ applications that proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. The Idaho Transportation Department (ITD) has not approved any approach permits on this site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet south of Ustick Road. The overall design of the site is paramount on the approval of the Eagle Road approach. If the City Council denies the approach, Staff feels the conditions contained within this report and the amended Development Agreement for the 15.33 acres would sufficiently address the interconnectivity of the site as a public street access to Ustick Road and three approved approaches have been provided for by ACHD. 2. SUMMARY RECOMMENDATION 2a. Staff is recommending approval with conditions of the subject applications (AZ-OS-052, PP- OS-053, and CUP-OS-049). Staff is recommending denial of the variance application (VAR-OS- 022) Staff has recommended that the Council require the applicant to submit detailed elevations for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to comply with Section 11-3A-19 of the Unified Development Code (UDC) and to add a new 8-foot wide walkway in the parking lot. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN1~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved 4-1 to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson, Landmark Development, LLC ii. In opposition: None. iii. Commenting: Bill Knopp -Preferred the applicant not have access to Eagle Road Steve Grant -Traffic from development, and transitional uses with landscaping David Thurston -same comments iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. -Proposed uses on site ii. -Heights of Office Buildings iii. -Cross access points to the south of the site c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. -Commissioner Zaremba voted Nay on the project because he did not want to see access to Eagle as depicted on the presented documents. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range lE, Section 5 b. Owner Sadie Creek Commons LLC 8080 W. Sahara Ave Las Vegas, NV 89117 Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark Development e. Present Zoning: General Retail and Commercial (C-G), Meridian, Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant/OfFce/Drive thru and other Commercial uses oriented around automobile Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK; DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, and develop the new public street to improve traffic movement in the area. 4. 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 Unified Development Code Title 11 Chapter 5 Article B Section 3, 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 Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use /planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: November 14, 2005 and October 31, 2005 (for Planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City Council) January 13, 2006 (for City Council) f. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission) January 13, 2006 (for City Council) g. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission). January 27, 2006 (for City Council) 5. LAND USE a. Existing Land Use(s): Bare land b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within CentrePoint Marketplace, Kohl's site zoned C-G. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Three undeveloped parcels zoned C-G/ RUT/Rl with the same Development Agreement. 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Layton Lateral courses the southern part of property 5. Hazards: None identified 6. Size of Property: 15.33 acres 7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information - N/A g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots 1 and 2 of Block 1 as shown on the landscape/site plan shall include a 25-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: 150,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 23% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities -The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN, DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 1. Proposed and Required Residential Standards - N/A m. Proposed and Required Non-Residential Parking -One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 150,000 s.£, which requires 300 parking spaces. There are no Type A or Type B spaces shown, and the total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ^ The applicant is proposing one new access point to Eagle Road/SH55 to serve the Sadie Creek Promenade project at approximately 400 feet south of the Ustick/Eagle Intersection. As noted above, ITD must issue aright-in/right-out permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by ITD at a point to be determined by ACHD. This project along with the Bienville Project south of the site will connect with Sadie Creek Avenue, a proposed public street to meet the frontage road requirement and possible future connection to Eagle Road. In addition, the applicant is proposing three new access points to Ustick Road at the following locations: ^ Driveway #1 - 400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet PP-1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street approximately 165 feet east of the western boundary to the south property line. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through the proposed Bienville Subdivision. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north/south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application. 6. AGENCY COM1VVl~NTS MEETING On October 28~' 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands curs-ently lie within the jurisdiction of the Meridian Rural Fite District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Off ce. 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 B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specif tally planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Bienville Subdivision meets the general classifications for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classif ed as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 C[TY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 aYeaS in the VlClnlty. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACRD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collectoY roadways. The proposed access points to the arterial streets generally comply with ACfID's standards. Please see the ACfID staff report and Exhibit B for the conditions from ACFID. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced atone-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 2S foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimising the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997." (Chapter VI, page 71) ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimise access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107} 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store/restaurant/drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which aze 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. All 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 commercial development. a General Off-Street Pazking Standards (from UDC 11-3C-5): ^ The following standazds shall apply for off-street vehicle panting for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) squaze feet of Qross floor azea. ^ Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have d. Structures Subject to Design Standazds (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (LTstick/Eagle Roads) aze subject to the design standazds listed in this section. e. Outdoor storage/refuse azeas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. a. Development along Federal and State Highways: Unified Development Code ([JDC) 11- 3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the squaze footage of commercial space)." c. UDC 11-3H-4.B.2, Standazds - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 a. the section line road; and b. the half-mile mark between section line roads. Thesehalf-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application substantially complies with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan and building elevations in order for staff to recommend full approval of the application. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-OS-052): 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 fmdings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 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. UDC 11-SB-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existing and future residential uses and the lack of a detailed planned development, staff believes that a Development Agreement is necessar~to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desigxiation and does not ne atg ively impact nearbXproperties Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Ustick Road/Eagle Road intersection and then continue along Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Ustick Road. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Non-Residential Buildings: The applicant has requested a maximum of 150,282 square feet of retaiUrestaurantloffice spaces. Staff proposes to limit the applicant to their request. The maximum square footage of one single building shall not exceed %z of the maximum request. Office buildings (western property boundary) All buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be Gam -lOpm. Drive Thru Separation Request: The applicant has requested the drive thru spacing requirement be reduced from 300' to 240'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this application. Access to SH 55/ Eagle Road The applicant has requested an access point to Eagle Road. According to ITD records the applicant has not submitted a request for access permit and is not vested with an access point for this location upon change in use. All access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. Uses: Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for Office Uses only. Not retail uses shall be located on these lots. All other lots shall be limited to Office/RetaiURestaurantlDrive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. 2. PP Application (PP-OS-053): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on 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 and to make the streetscape 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 minimum of 8-feet wide and include Class II trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk. The second drive aisle access point to Ustick Road shall be designed with the private street sections as listed in UDC 11-3F and subject to Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE~RING DATE OF 2/21/06 including sidewalks. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on 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 30-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. The applicant should be required to graphically depict a 30-foot wide landscape easement on the plat along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Ustick Road and Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B 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 Sadie Creek Avenue. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10-foot wide street buffer easements along Sadie Creek Avenue on the face of the final plat. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, 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 the all of the irrigation facilities located on site. See Exhibit B below. Pressure Irti atga ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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 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 City Code. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (iIDC 11- 3A-7). >f 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 fencing should be installed in accordance with City Code. See Exhibit B below. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Cross-access Internal: 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 lots that do not have public street 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 portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and at least one of the non-signalized access points to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction. Maintenance 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. Cross-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. CUP Application (CUP-OS-049): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Loading_Space Parking_ UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. 2. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff's interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the south side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. 4. Cross Access: The property to the south is dependent on two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. Variance Application (VAR-OS-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in Exhibit D. ^ Eagle Road Arterial Study -Final Report (Anri12OO4) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 20051etter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACPID Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACfID has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all lie within 570 feet of Ustick Road which would be an acceptable length of which commercial users would expect public road access. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and potential accidents on Eagle Road. ^ Traffic Accident Data Finally, to conclude staff's analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 70 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff fmds the AZ/PP/CUP applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/PP/CUP application with the conditions shown in Exhibit B. 10. E~~ITS A. Drawings Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE II~ING DATE OF 2/21/06 1. Site Plan (by The Land Group, dated September 15, 2005) 2. Landscape Plan (by The Land Group, dated September 15, 2005) 3. Preliminary Plat (by The Land Group, dated September 15, 2005) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from UDC 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE 1~RING DATE OF 2/21/06 Exhibit Al: Site Plan MP-1(The Land Group) Dated September 15, 2005 r,n~a"6fa~~rsvca3u,;~, ri,-r.~ 8td1CY 1 M i / / "'s . E~p6p¢P. 1E $'q75~ e ~ dg : ~~£ ~°~ a~ ~~ q ' ; .* .~ ; i ~ ~. 3 ~a ~r ,~9 ®~ , ~fl ,a~ ~.p .:a a ~~ k " ~ ~ ~ ye yi y' ~ ; ~p '~ i~ ~~ X I~ 4t ~! ~ ~ ~a~ a e ~ ~~ ~®3 ~ i N .e~~ - ' - ~-- _~-. _ -_ - ..n._ _- 1 Pa ~'~~~' n ~d~~ ~ ~ ~~~~ ~~~~, o Q ~eel~ ~~~ ~YYY-t ~~~ ~ ~ a~ $8 ~ ev lc~ ~ a~ v. a ~, ~1~~'~ ~~~ ~~_~~ e 0 ~#~!?g~~ aT~lg§~ s e9 ~a y ~ R' ~~~ ~~~~~~ > ~+ Zia o~~ ~ ~ m v 5 z ~~ ~ ` ~ ~ is r ~~~f~i -~~I~~ ~ I ~~~ ~~~ ~{ 1 } ; °°P j SADIE CREEK PROMENADE SUBDIVISION ~ Mast Pi ,tI ~ ~ ~ ~ -' , p : +i ~ ~'~ti 1 ` 91 ~ er an Meridian, Idaho ,6 i+ ~ ~ g fi Sadie Creek Promenade Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 Ezhibit AZ: Landscape Plan Ll.l(The Land Group) Dated September 15, 2005 I~`t~'} +t{sr ~ ~ i~e~ ~ ~a sAOIE CREEK PROAAENADE SUBDMSION ~ ~la~a-,, ~`~ I ~{~~ PRELIMINARY PLAT LANDSCAPE PLAN ! ' ~- _-- _~natwwv.roArm '. ~: ~:: ~.: ~- ~ 9 ~~~ Sadie Creek Promenade Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2!21/06 Ezhibit A3: Preliminary Plat PP-1(The Land Group) Dated September 15, 2005 s ~ ' ~ ! ~~ Y i',J ~ '~ 4 A~ 9 ~., ~ ,~ a yp~a .T .' .1~„ ~ P wp t e~ s~" g j I -~.. s ~ ~ i~ ~ ~ ~ a ~~ T i ~ ^ ~ a ~ ,z ~ `~~ a ! ~,L ~. 1!s 'L r .. Y ~ ,r ~ - ~ d S ~ ~~ ~ ~$ 3 ~ a r ~~~~,~~~~,,~ 1, - ~ L > { ~ 11~117~l~1-!J' '- 7 L _ - - ~ I +y +. L ~~ ;' r y •1 f i ~ - f ' ~--- ~_~ =~-~. f~~' ~' ` i S ~ ~~ ~ ~ - . ,sue--g„rm"E- - a: ~'-=~~i- a; - --~ - - a - ~ 1. ~~ ~'-_ _- ,r I _ _ ?~s ~ ~i' i ~ wn ~~ ~ ~ y 'I ' ® _ g~ 5j q ~ ~ ~ 'X~~{ "~ y .ae ~ a 9,a -- ~ ~ ~ ~4~ ~~a~ ,0 ~r -~ ~ I r ~{ - - ~ i -- ~- i- I I ~' ~ ~t3 _ .til'iI_~' 'cry ~_ `+ i ~ ~ ~ a p ~ -, 4 _ - ~i ~°- 9 I~ ,~ ~ _ ~1 iTitTrfilt) _ ~ _~_~' y,. ~ o ,~~~~~~~~„~~,~,,,,,,~~~,.,, .I t ~ - -.~. -.. - _- -_ -,fin. - ~ .• ~ - ~..®.~~ ~ ~~~iiy~° ~~~~@~~~~ ~ b~~g~~~ $~'9 i~i~ O 6-i 9 fr: 9 a O t$ ~~fii~ ay a ? 9 ~ ~ `et d6~~ f ~ ~ ~ i ~~~ $~~ ~ ~ ~ ~ a e~ s°~~' bbb SADIE CREEK PROMENADE SUBDMSION Preliminary Plat Meridian, Idaho r ~ ~~ ~ ;~ a ~i al Sadie Creek Promenade Subdivision Exhibit A Page 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE I~tING DATE OF 2/21106 Exhibit B: Legal Description ~U~Stlt„@ $t ASBOt: tG'S P.~. ~ginesrs • Surveyors • Landplanners ~1 W. State Stmt, Suie E, Ewe, ~ro 8;1618 Tel~hora3 (2~) ~-28'L4 Fax (~) g3,9-2&55 September I5, Z005 Project No. 2739 Legal Description The Land Group Annexation Area 8.32 Acres EXHIBIT A A tracx of land for annexation and re-zone purposes situated in U.S. Government Lot I of Section 5 and U.S. Government Lot 4 of Section 4, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, de~ribed as follows: Commencing at a found brass cap manumenting the Northeast Corner of said Section 5, from which a found 5/8-inch steel pin monumenting the North One Quarter Comer of said Section 5 beats South 89°39'20" West a distance of 2656.46 feet, thence following the northerly lice of said Section 4, North 89°35'50" East a distance of 27.59 feet W an Idaho Transportation Department Monument monumendng the intersection of said northerly line and the centerline of N. Eagle Road-Highway 55; Thence leaving said northerly line and following said centerline, South Ol ° 14'39° West a distance of 402.23 feet to the POINT OF BEGINNING. Thence following said ceneerline South Ol°14'39" West a distance of 277.05 feet to a point; Thence leaving said centerline North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; Thence North 71 °28' 10" West a distance of 803.9D feet to a found 5/8-inch steel pin on the westerly tine of said U.S. Govemment Lot 1; Thence following said westerly Gne North 00° 15' 11" West a distance of 296.40 feet to a point; Thence leaving said westerly line South 66° 12'00 " East a distance of 600.96 feet to a found 5/8- inch steel pin; Thence South 81°54'00" East a distance of 303.60 feet to a found 5!8-inch steel pin; Thence South 84°06'00" East a distance of 498.95 feet to the POINT OF BEGIIVNIIVG. The above-descrifn;d tract of land contains 8.32 acres, more or less, subject to all existing easements and rights-of--way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, St.~ITE E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) X:~PIO,~CCG4VBIIiI (~1'Ult8~I3S7`ArdJlli4~LeC~fltR~Afl11CJi8[IOO.fIOC Sadie Creek Promenade Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF Z/21/06 B E'I ~' ~ ! I m_ I i ®®~ ~ I z II Z ~ -~ ~ ~, n ~~ ~~ ~~~ ~~ ~~ a~~~C pp~ C trt m C ~ z ~ m ~1x -a 2 Z mZ~C voa 0~-1 c0~ ~m D ~~ 0 ~~ N ~~~n m~ m "= D z ~m ~ :~°N Nmn(n wQ~® uo'~ ~~ m !A ~~~ D N00°15°t t °E 328. 96.40 0 ~~ O ~~ ~ g ~o ~~ ~~a :D f D z ~ 00 m ND ~~ _~ w~~ (~ ~ o~c~i m Z ~a ~ D t D __ v, w m t") C11 Z d O r_ ~': m z 0' O ~i v ~~ ~-- ~°~ o ~ N -Zi S~~~j ~ ~,y~ ~ O ~z ~' 277.05~~ 402.23'-- - SOt'14'39°w 679.28' A w w n 0 z ~. ~ ~~ ~~ D~ "'• v r-1* ~~ : ~~'~ _ ~ D ~~ ~~v ~ wz~ Z ~ 0 t0 O~Z o~c c D~No rn ~~~c o>oin I, ~ o Iw ~ NZm3r~ '-' gVf~s I~ O~rZ oo-~ m~° i I ~°~ ~ m p D'~m I Zz~ ?o z cr l~ ~N c° o m . sooroo'oo°w 26tt.4t'- r N. EAGLE ROAD -STATE HIGHWAY SS z~ ~o z m V V Sadie Creek Promenade Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (Sadie Creek Promenade) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, dated September 15, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-052) and Conditional Use Permit (CUP-OS-049) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall cleazly demonstrate that both a Type A and Type B space aze available on site, located neaz the refuse/service azea behind the building. As long as the two spaces aze dedicated, striping of the spaces is not required. 1.1.3 Graphically depict on the face of the plat, the proposed 30-foot wide landscape buffer easement along the office lots that abut single-family lots. Said buffer azea shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as pazking areas or driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the residential areas. 1.1.4 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.5 The landscape plan prepazed by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. Including but not limited to full landscaping along Eagle Road which currently is listed as a right-in/right-out access. 1.1.6 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.7 Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade Subdivision Business' Owners Association(s). 1.1.8 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Sadie Creek Promenade as an approved subdivision name. 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.1 ] The awnings on the north elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regazding a screen for the refuse/service azea. 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces aze prohibited in said buffers. Sadie Creek Promenade Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Sadie Creek Promenade Subdivision. All cross access drive aisles shall only approach the ACRD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACRD, direct lot access to Ustick Road, Eagle Road, and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.17 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. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIItEMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 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 11-3A- 18. 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. 1.1.22 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 fencing should be installed in accordance with City Code. 1.1.23 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. 1.1.24 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 MCC 12-4-13, unless otherwise approved by the Irrigation 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. Sadie Creek Promenade Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE ICING DATE OF 2/21/06 1.1.25 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.26 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extensions of mains located in E. Ustick Road. The applicant shall install mains to and through this development, 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. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 An additional water connection to the main located in N. Eagle Road maybe required to ensure adequate fire flows. The decision will be made by the City Engineer once specific building designs and fire flow requirements are submitted. 2.4 Provide a 20-foot easement for all public water/sewer mains 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 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated that the required pressurized irrigation system in this development is to be owned and operated by the Business Owner's Association. Plans will be reviewed by Public Works as part of the plan review process with a draft "Operations and maintenance" manual being required prior to plan approval. 2.6 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 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 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 City Ordinance 12-4- 13. 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, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 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. Sadie Creek Promenade Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 2.10 The preliminary plat does not indicate how the storm drainage will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 maybe 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 All grading of the site shall be performed in conformance with City Code. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" 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. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Sadie Creek Promenade Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I-~ING DATE OF 2/21/06 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 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 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Sadie Creek Promenade Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed plat and/or site design 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 Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service 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 7.1 Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Dedicate right-of--way to accommodate the sidewalk or provide a sidewalk easement. 7.2 Construct a 40-foot wide north-south public street located at the west property line, with vertical curb, gutter and 5-foot wide attached concrete sidewalk abutting this parcel. A temporary turnaround is required. Install a sign at the terminus of the roadway stating that "THIS ROAD WII,L BE EXTENDED IN THE FUTURE". Sadie Creek Promenade Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 7.3 Aright-in/right-out driveway is approved on Ustick Road as constructed, located approximately 400-feet west of Eagle Road. 7.4 A full access driveway is approved on Ustick Road as constructed, located approximately 600- feet west of Eagle Road. 7.5 Driveways on the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick Road. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 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. 7.11 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. 7.12 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. 7.13 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. 7.14 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. 7.15 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.16 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. Sadie Creek Promenade Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE I*RING DATE OF 2/21/06 7.17 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. 7.18 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. Sadie Creek Promenade Subdivision Exhibit C Page 8 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 Exhibit D. Required Findings from Zoning Ordinance 1. Annexation Findings UDC 11-5B-3E: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-053/CUP-OS- 049/VAR-OS-022). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Several road improvement projects are occurring in the near vicinity to the site or are approaching completion that are tied in with the approved and under construction projects, specifically Ustick Road. The subject property is generally surrounded by rapidly developing commercial properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Council fmds that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The entire site is being proposed as commercial and upon build out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed commercial units but has agreed to use the design guidelines for commercial projects along gateway comdors when designing building facades. The Council finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such Sadie Creek Promenade Subdivision Exhibit D Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 as government offices. The Council fords that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Further, the 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 all City Code provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this fording. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The 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. ACHD has submitted a staff report with site specific and standard conditions are attached as Exhibit C. 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/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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 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. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). If the applicant enters into a Development Agreement (DA) with the City, the Council finds that the annexation and zoning of this property to C-G (General Commercial, and in accordance with the findings listed above, the Council finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City (see Analysis section in the Staff Report). 2. Preliminary Plat Findings UDC 11-6B-6: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: Sadie Creek Promenade Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2/21/06 A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; 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. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the perimeter of the site. 3. Conditional Use Findings UDC 11-SB-6E 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: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is 15.33 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. Sadie Creek Promenade Subdivision Exhibit D Page 3 CITY OF MERIDIAN PLANIv~ DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2/21/06 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed retaiUrestaurant/office/drive thru uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, this fording will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fmds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ/VAR conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and IT'D have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council fmds that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed apublic-private partnership to improve Ustick Road to five lanes and ACRD is planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council fmds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Sadie Creek Promenade Subdivision Exhibit D Page 4 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2/21/06 The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council fords the future buffer between land uses along the west boundary and the Ustick/Eagle Road street buffers will help to mitigate noise, fumes and glare created by the additional traffic. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features on this site. 4. Variance Findings UDC 11-SB-4D The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access points to Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. The applicant has more than 500 feet of frontage on Ustick Road with which to design multiple access points and take public street access. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications ~to the standards of Article H upon specific recommendation of the ITD. However, to staff's knowledge, no such recommendation has been provided to date. TTD staff has commented that standard district policy applies to the site which does not allow for access to Eagle Road other than at the % mile intersections. Therefore, the City Council finds that granting a variance to the site would be a special privilege which is not allowed in this district. 2. The variance relieves an undue hardship because of characteristics of the site; Council finds there are no physical characteristics of the site which demand access points be constructed that are any more unique or different than other properties along Eagle Road SH55. For example, there are no major canals or ditches which prevent access to Overland Road. The subject property has no barriers to constructing multiple access points to Overland Road as approved by ACHD. Granting any of the proposed access points to Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road SH55 would not be forced to use Ustick Road to get through the Eagle/Overland intersection; drivers could potentially make a free right-out turn and avoid aright-hand turn on to Ustick Road from the site. However, this is not tied to a physical characteristic of the site, which is what this fording requires. In addition, when construction upgrades (signalized intersection at Sadie Creek Avenue) to Ustick Road to the west of the site are complete, aright-hand turn on to Ustick from the site should be relatively simple with little or no stacking for southbound traffic and multiple turning lanes for northbound traff c. Sadie Creek Promenade Subdivision Exhibit D Page 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE 1~ING DATE OF 2/21/06 3. The variance shall not be detrimental to the public health, safety, and welfare Council fords that granting the right-in/right-out access points to Eagle Road SH55 has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. A vehicle going 55 miles per hour will trave180.685 feet each second, as the proposed access is only 306 feet from the intersection it would take a south bound vehicle approximately 4.5 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. If a center median is constructed, some of these potential conflicts maybe avoided, but it does not address the increased number of vehicles needing to merge with southbound Eagle Road traffic. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Kohl's CUP Application Exhibit F Page 1 February 17, 2006 VAR 05-027 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. 1S REQUEST Continued Public Hearing from February 7, 200b -Request for a Variance to allow a vehicular access point to Eagle Road / SH55 for Sadie Creek Promenade Subdivision -3055 and 3085 Norfh Eagle 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meeitngs shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVEIP ~E~ 2 ~ zoos ~' ~ ~eridi~. ~:u ~®rl~ Offce ~~ s,F ~~ _ ,,,:. ~~ °b3; _ ~`'~~~t} In the Matter of Variance request for access to SH 55/ Eagle Road, for Sadie Creek Promenade by Landmark Development Group, LLC. Case No(s). VAR-OS-022 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-022- PAGE 1 of 3 +~ • 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of denial 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 denial is subject to the Legal Description, Site Plan, and the all in the attached findings in the Staff Report for the hearing date of February 21, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for access to SH 55/ Eagle road is hereby denied. D. 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. E. Attached: Staff Report for the hearing date of February 21, 2006 By action of the City Council at its regular meeting held on the day of 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-022- PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED__ ~~~~ VOTED__~~~ VOTED VOTED__~~~~~ VOTED MAYO `, ~ ~~~ WEER ATTEST: `' ®v `~~" '° ~ s `0~~~ a ~~ ~'~~ ~_ ~ W LIAM G. BERG, JR., LERI~ ~~. ~~,'~ ~~ Copy served upon: /~ Applicant d~~~''~voo~a~eoa oe+®eA9°a®9`~®®® / Planning Department /~ Public Works Department / ("itv Attnrnev By Dated: 3 '~'0l0 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-022- PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HING DATE OF 2/21/06 STAFF REPORT Meridian City Council Hearing Date: February 7, 2006 Continued to: February 21, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT: Sadie Creek Promenade c~.,n~ ~~~$~~ ~_~~ ',1 ~~ +~ µ.~, h -t~:+~Y ~F~„° ~'i r ..:~.f, AZ-OS-052 -Annexation and Zoning of 7.7 acres to C-G (General Commercial) for Sadie Creek Promenade by Landmark Development Group, LLC PP-OS-053 -Preliminary plat for 241ots on 15.33 acres for Sadie Creek Promenade by Landmark Development Group, LLC. CUP-OS-049 -Conditional Use Permit for up to 150,000 sq. ft. retail/restaurant/office uses in a C-G Zone for Sadie Creek Promenade by Landmark Development Group, LLC VAR-OS-022 -Variance request to allow a right in/right out access point onto Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development Group, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct up to 150,000 square feet of retaiUrestaurantland office uses on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest corner of Ustick Road and Eagle Road/SH-55. This is the first detailed CUP application and would be the first commercial buildings constructed within the Kissler annexation project AZ-03-018. The 36.33-acre site was approved for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The applicant has submitted a Variance application concurrently with the CUP/PP/AZ applications that proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. The Idaho Transportation Department (TTD) has not approved any approach permits on this site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet south of Ustick Road. The overall design of the site is paramount on the approval of the Eagle Road approach. If the City Council denies the approach, Staff feels the conditions contained within this report and the amended Development Agreement for the 15.33 acres would sufficiently address the interconnectivity of the site as a public street access to Ustick Road and three approved approaches have been provided for by ACRD. 2. SUNIlVIARY RECOMMENDATION 2a. Staff is recommending approval with conditions of the subject applications (AZ-OS-052, PP- OS-053, and CUP-OS-049). Staff is recommending denial of the variance application (VAR-OS- 022) Staff has recommended that the Council require the applicant to submit detailed elevations for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to comply with Section 11-3A-19 of the Unified Development Code (UDC) and to add a new 8-foot wide walkway in the parking lot. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved 4-1 to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson, Landmark Development, LLC ii. In opposition: None. iii. Commenting: Bill Knopp -Preferred the applicant not have access to Eagle Road Steve Grant - Traffic from development, and transitional uses with landscaping David Thurston -same comments iv. Staffpresenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. -Proposed uses on site ii. -Heights of Office Buildings iii. -Cross access points to the south of the site c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. -Commissioner Zaremba voted Nay on the project because he did not want to see access to Eagle as depicted on the presented documents. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range lE, Section 5 b. Owner Sadie Creek Commons LLC 8080 W. Sahara Ave Las Vegas, NV 89117 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark Development e. Present Zoning: General Retail and Commercial (C-G), Meridian, Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant/Office/Drive thru and other Commercial uses oriented around automobile Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, and develop the new public street to improve traffic movement in the area. 4. 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 Unified Development Code Title 11 Chapter 5 Article B Section 3, 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 Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use /planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: November 14, 2005 and October 31, 2005 (for Planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City Council) January 13, 2006 (for City Council) f. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission) January 13, 2006 (for City Council) g. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission). January 27, 2006 (for City Council) 5. LAND USE a. Existing Land Use(s): Bare land b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within CentrePoint Marketplace, Kohl's site zoned C-G. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Three undeveloped parcels zoned C-G/ RUT/Rl with the same Development Agreement. 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Layton Lateral courses the southern part of property 5. Hazards: None identified 6. Size of Property: 15.33 acres 7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information - N/A g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots 1 and 2 of Block 1 as shown on the landscape/site plan shall include a 25-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: 150,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 23% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities -The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 1. Proposed and Required Residential Standards - N/A m. Proposed and Required Non-Residential Parking -One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 150,000 s.f., which requires 300 parking spaces. There are no Type A or Type B spaces shown, and the total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ^ The applicant is proposing one new access point to Eagle Road/5H55 to serve the Sadie Creek Promenade project at approximately 400 feet south of the Ustick/Eagle Intersection. As noted above, ITI) must issue aright-in/right-out permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by ITD at a point to be determined by ACHD. This project along with the Bienville Project south of the site will connect with Sadie Creek Avenue, a proposed public street to meet the frontage road requirement and possible future connection to Eagle Road. In addition, the applicant is proposing three new access points to Ustick Road at the following locations: ^ Driveway #1 - 400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a new public, commercial street extending south of Ustick Road, beginning approximately'/ mile west of Eagle Road/SH55. The preliminary plat (Sheet PP-1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street approximately 165 feet east of the western boundary to the south property line. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through the proposed Bienville Subdivision. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north/south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application. 6. AGENCY COMMENTS MEETING On October 28~' 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF 2/21/06 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manne~•.• • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. • The subject lands are currently serviced by the Meridian School District #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 B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Bienville Subdivision meets the general classifications for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEFi'RING DATE OF 2/21/06 areas in the vicinity. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goal N, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACFID evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACfID's standards. Please see the ACFID staff report and Exhibit B for the conditions from ACIID. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 25 foot wide landscape buffer is required adjacent to residential uses and 3S foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997." (Chapter VI, page 71) ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimise access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal N, Obj. D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail store/restaurant/drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed 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. All 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 commercial development. c. General Off-Street Parking Standards (from UDC 11-3C-5): ^ The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one Lll space for every five hundred (5001 ware feet of Qxoss floor area. ^ Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. a. Development along Federal and State Highways: Unified Development Code (LTDC) 11- 3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/06 a. the section line road; and b. the half-mile mark between section line roads. Thesehalf-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application substantially complies with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan and building elevations in order for staff to recommend full approval of the application. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-OS-052): 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 fmdings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 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. UDC 11-SB-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existing and future residential uses, and the lack of a detailed planned development, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearbyproverties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Ustick Road/Eagle Road intersection and then continue along Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 Ustick Road. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Non-Residential Buildings: The applicant has requested a maximum of 150,282 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request. The maximum square footage of one single building shall not exceed %z of the maximum request. Office buildings (western property boundary) All buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be Gam -lOpm. Drive Thru Separation Request: The applicant has requested the drive thru spacing requirement be reduced from 300' to 240'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this application. Access to SH 55/ Ea a Road The applicant has requested an access point to Eagle Road. According to ITD records the applicant has not submitted a request for access permit and is not vested with an access point for this location upon change in use. All access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. Uses: Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for Office Uses only. Not retail uses shall be located on these lots. All other lots shall be limited to Office/RetalURestaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. 2. PP Application (PP-OS-053): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on 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 and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class II trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk. The second drive aisle access point to Ustick Road shall be designed with the private street sections as listed in UDC 11-3F and subject to Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE I~tING DATE OF 2/21/06 including sidewalks. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on 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 30-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. The applicant should be required to graphically depict a 30-foot wide landscape easement on the plat along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Ustick Road and Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B 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 Sadie Creek Avenue. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10-foot wide street buffer easements along Sadie Creek Avenue on the face of the final plat. Ditches. Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, 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 the all of the irrigation facilities located on site. See Exhibit B below. Pressure Irri atga ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-15). 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 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 City Code. See Site Exhibit B below. Fencine: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the fmal plat (iJDC 11- 3A-7). 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 fencing should be installed in accordance with City Code. See Exhibit B below. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNIN~i DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 Cross-access Internal: 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 lots that do not have public street 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 portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and at least one of the non-signalized access points to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the fmal plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- halfmile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either TTD or the Meridian Comprehensive Plan. CUP Application (CUP-OS-049): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Loading Space Parking: UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. 2. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff's interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF 2/21/06 parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the south side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. 4. Cross Access: The property to the south is dependent on two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. Variance Application (VAR-OS-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staff's analysis in italics). For additional analysis, see the Variance Findings in Exhibit D. ^ Eagle Road Arterial Study -Final Report (Apri12004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 20O51etter to Eric Shannon, ITI) District Engineer, and was also endorsed by the ACbID Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACFID has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all lie within 570 feet of Ustick Road which would be an acceptable length of which commercial users would expect public road access. Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE FLING DATE OF 2/21/06 - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City s commitment to reducing the number of trips and potential accidents on Eagle Road. ^ Traffic Accident Data Finally, to conclude staff's analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 48 MERIDIAWOVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 28 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff fords the AZ/PP/CUP applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/PP/CUP application with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21/06 1. Site Plan (by The Land Group, dated September 15, 2005) 2. Landscape Plan (by The Land Group, dated September 15, 2005) 3. Preliminary Plat (by The Land Group, dated September 15, 2005) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from UDC 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 Ezhibit Al: Site Plan MP-1(The Land Group) Dated September 15, 2005 atA~ a ' r-_ ~.. L / / ;a f~~fPl ~~y{~ag sg ~ ~~ Pal e p~ I~~e QE rdr}'g~sf +~ a# 9 x~ 4 ,~ r tl :` a '9 e5 a9 K ? ~ "& s s as '~ ~ 9 ~ ~ p ~ '~~ ~ t '~ v#' oa a 4 gg ~~`~~ g ~ v ~A ~d a ~ e a ~° ~ ~ ~ ~ 3~ s ry ~~ ~ ~~~a~ A9 C~ ~ ~~a ~~~ ~F~$ o S ~ ~ e~g,& ~ m ' ' _! ~/~ ~_ - _ -~.d1 pG~1 M _ _ ~_ _ ~_ 9 ado ~~ ~ ~g~~~ ~ ~ ~~~t ~~~ ~i~ ~Bls§~~ rp•; 6~zz e ~i Y ~' 9y ~ ~ l i t - -- --- - ~ t ~ ~ ' ~ ~ $ `' i ~sl6~e Y ~s; ~ 'fit i ~~~~ ~ ~~~gap SADIE CREEK PRQMENADE SUBDNIStON MasterPian tI j~ae ~' ~ ~ f ~ ~ • ~ Meridian, Idaho ~, ~ ~ Sadie Creek Promenade Subdivision Exhibit A Page 1 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 Exhibit A2: Landscape Plan Ll.l(Tbe Land Group) Dated September 15, 2005 e` ~~3 ~: ~ .: x_ " F ~ ~ l~deb1 ~t~ i ' ~ ~;s~ ~ ~°o= `~ t SADIE CREEK PROMENADE SUBDMSION PRELIMINARY P~LAND SCAPEPLAN e`` ~ ~ _; ~ ~ ~ ~ ~~ ~ ''; I i~ 7 , Sadie Creek Promenade Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2121/06 Exhibit A3: Preliminary Plat PP-1(The Land Group) Dated September 15, 2005 a:,: i 5 "P t . ~ r F 1~ r ~! ~~l;t~ B€d~$ asq ~ e ~~ ~ 0a ~~ ~~ 5~~~~~f ail ~~m~4 ~3 ~~~~ ~ k ~ 7k '- Ea ~W ~ ~! ~t ~~ ~~~~~g~~~~~ 1:~~~iy ~ ~~~~~~~ ~~~~a. B i ~~~~~ ~~ ~ ~~ as ex ~ ~~~ o y t~~ ~ ~ ~ ~o.~~~ o ~~a ~ ,~ ~Re~ ~ ~ _ ~ ~e b l+~ @4~~ ~ y g P s -®. ~ a8'Ib~~ao ~i~ ~~~~ ~~~ ~ ~, ~~ < ~ ~ dd ## ~~~ ~~~ ~ as b~~fim~a ~ ~ a ` ~.~-~ r 9 6 ~~,~~~~3 ao ~ '~ E ~ 7 ] 3 ~ Y __ ~ / i~t I ~fr 1 i ` ~ I ~{$ ' ~ ~8 it 'U s 1f4~t I ~~~la! ~~~i 6 °f SADIE CREEK PROMENADE SUBDNISION Preliminary Plat __ AAerid~an, Idaho ~~ Sadie Creek Promenade Subdivision Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 Ezhibit B: Legal Description ®j/~~f1C@ ~t ~1S ,®C tG'S P./~1. ~rtgineers • Surveyors • Landplanners ~1 W. State ^sUeet, Sins E, Eagle, ldalro 8.3516 T (2~) 932824 Fax (2W)93.4-~56 September 15, 2005 Project No. 2739 Legal Description The Land Group Annexation Area 8.32 Acres EXHIBIT A A tract of land for annexation and re-zone purposes situated in U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Comer of said Section 5, from which a found 5/8-inch steel pin monumenting the North One tZuatter Comer of said Section S In;ars South 89°39'20" West a distance of 2655.46 feet, thence following the northerly lute of said Section 4, North 89°35'50" East a distance of 27.59 feet to an Idaho Ttanspartation Qepartment Monument monumeneing the inten,eaion of said northerly line and the centerline of N. Eagle Road-Highway 55; Thence leaving said northerly Gne and following said centerline, South 01 ° 14'39" West a distance of 402.23 feet eo the POINT OF BEGIIVNING. Thence following said centerline Souih Ol ° 14'39" West a distance of 277.05 feet to a ~»nt; Thence leaving said centerline North 83°54'00" West a distance of 580.48 feet eo a found 5/8-inch steel pin; Thence North 71 °28' 10" West a distance of 803.90 feet to a found 5!8-inch steel pin on the westerly line of said U.S. Government Lot 1; Thence following said westerly line North 00°IS' 11" West a distance of 296.40 feet to a point Thence leaving said westerly line South 66°12'00 " East a distance of 600.96 feet to a found 5/8- inch steel pin; Thence South 81°54'00" East a distance of 303.60 feet to a found 5/8-inch steel pin; Thence South 84°Ob'00" East a distance of 498.95 feet to the POINT OP BEGINNIlVG. The above-described [tact of land contains 8.32 acres, more or less, subject to all existing easements and rights-of-way. Preparsed By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET', SUITE E EAGLE, 1DAH0 83616 208-939-2824 208-939-2855 (FAX) X:~Projccslt~ml Grca~~273~FtdminU~egalsWnnexerion.dac Sadie Creek Promenade Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21/06 g ( ' B n I' o ~' I ~ f ~s~P I 2 z ~~ m ! ® o z zn ® a ~~~~ vo vc ~gg ~~~ ~~~~ ~~ ca ~ ~ ~.o -c ~ ~ ~'z z m =-~1x -1 Z ~2 D ~~ m® z v~~ OPf~ ~m D w ~ ~~ ~ ~^ ~~'sZ w~ym ~MC ~ x~ O m Xar~ 0 0 o a (/~ ~°°~o u~' ~ ~~~D N_ ~-p' ~~ Yl ~~~+ m n z r a rn ~~ -~ - - Z m N00`1S°11°E 328. 96.41' / / ' '/ G~ ~~ tit Cps O~ . ~ /tea • D Z ~ Do ~ / ND w,~ --I wi~ii ~ 0 °'1~1 m D ~ ~ 1 r,-i ~~ D ~ O to ~ N -zi O O p~V O ~ ~ r-~~°. m o~ ° ~ o z 1 n7L~ na r ~ ~ G7 -' 277.0 402.23'- - ~, ' 501'14'39°W 679.28' • S~'00'00°W 2611.41' ~ ~ ~ N. EAGLE ROAD -STATE HIGHWAY 55 z~ ~O 2 m I ~ ~ n 0 2 m i. ~~ ~.~ '~ - z f ~, t~0 `~7 ~ 0 ~m ~y N IV Ol -\ I~ ~ I°f. N ~n ~v~ ~D_ ~~ _ ~ D ~ O Q W 2 ~ zoo o'~ z o~~o y .Z~' cn ~ c oZmaaN O ~~~~~ a~~$ °' ~~z 00~ m~'O $o~ ~ N O m -,i zoo ~z° l~ ~ c;w cn tO- o m Sadie Creek Promenade Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (Sadie Creek Promenade) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, dated September 15, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-052) and Conditional Use Permit (CUP-OS-049) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. As long as the two spaces are dedicated, striping of the spaces is not required. 1.1.3 Graphically depict on the face of the plat, the proposed 30-foot wide landscape buffer easement along the office lots that abut single-family lots. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the residential areas. 1.1.4 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.5 The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. Including but not limited to full landscaping along Eagle Road which currently is listed as a right-in/right-out access. 1.1.6 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.7 Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade Subdivision Business' Owners Association(s). 1.1.8 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Sadie Creek Promenade as an approved subdivision name. 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 The awnings on the north elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuselservice area. 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. Sadie Creek Promenade Subdivision Exhibit C Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Sadie Creek Promenade Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACHD, direct lot access to Ustick Road, Eagle Road, and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.17 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. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 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 11-3A- 18. 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. 1.1.22 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 fencing should be installed in accordance with City Code. 1.1.23 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. 1.1.24 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 MCC 12-4-13, unless otherwise approved by the Irrigation 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. Sadie Creek Promenade Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 1.1.25 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. 1.1.26 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extensions of mains located in E. Ustick Road. The applicant shall install mains to and through this development, 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. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 An additional water connection to the main located in N. Eagle Road maybe required to ensure adequate fire flows. The decision will be made by the City Engineer once specific building designs and fire flow requirements are submitted. 2.4 Provide a 20-foot easement for all public water/sewer mains 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 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated that the required pressurized irrigation system in this development is to be owned and operated by the Business Owner's Association. Plans will be reviewed by Public Works as part of the plan review process with a draft "Operations and maintenance" manual being required prior to plan approval. 2.6 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 utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. 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, plans will be reviewed and approved by the meridian City Engineer prior to fmal plat signature 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-l -4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Sadie Creek Promenade Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF 2/21/06 2.10 The preliminary plat does not indicate how the storm drainage will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 maybe 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 All grading of the site shall be performed in conformance with City Code. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Sadie Creek Promenade Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21/06 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 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 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the yeaz 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Sadie Creek Promenade Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21/06 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed plat and/or site design 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 Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service 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 7.1 Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Dedicate right-of--way to accommodate the sidewalk or provide a sidewalk easement. 7.2 Construct a 40-foot wide north-south public street located at the west property line, with vertical curb, gutter and 5-foot wide attached concrete sidewalk abutting this parcel. A temporary turnaround is required. Install a sign at the terminus of the roadway stating that "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE". Sadie Creek Promenade Subdivision Exhibit C Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 7.3 Aright-in/right-out driveway is approved on Ustick Road as constructed, located approximately 400-feet west of Eagle Road. 7.4 A full access driveway is approved on Ustick Road as constructed, located approximately 600- feet west of Eagle Road. 7.5 Driveways on the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick Road. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 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. 7.11 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. 7.12 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, I5PWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.13 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. 7.14 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. 7.15 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.16 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Sadie Creek Promenade Subdivision Exhibit C Page 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 7.17 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. 7.18 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. Sadie Creek Promenade Subdivision Exhibit C Page S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/06 Exhibit D. Required Findings from Zoning Ordinance 1. Annexation Findings UDC 11-SB-3E: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-053/CUP-OS- 049NAR-OS-022). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Several road improvement projects are occurring in the near vicinity to the site or are approaching completion that are tied in with the approved and under construction projects, specifically Ustick Road. The subject property is generally surrounded by rapidly developing commercial properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The entire site is being proposed as commercial and upon build out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed commercial units but has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. The Council finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such Sadie Creek Promenade Subdivision Exhibit D Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21/06 as government offices. The Council fmds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Further, the 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 all City Code provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The 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 staff report with site specific and standard conditions are attached as Exhibit C. 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/departments, staff fmds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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 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. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant enters into a Development Agreement (DA) with the City, the Council finds that the annexation and zoning of this property to C-G (General Commercial, and in accordance with the fmdings listed above, the Council finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City (see Analysis section in the Staff Report). 2. Preliminary Plat Findings UDC 11-6B-6: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: Sadie Creek Promenade Subdivision Exhibit D Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; 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. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the perimeter of the site. 3. Conditional Use Findings UDC 11-5B-6E 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: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the site is 15.33 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. Sadie Creek Promenade Subdivision Exhibit D Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed retaiUrestaurant/office/drive thru uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, this fmding will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council fmds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ/VAR conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and ITD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed apublic-private partnership to improve Ustick Road to five lanes and ACHD is planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council fmds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Sadie Creek Promenade Subdivision Exhibit D Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/06 The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council fords the future buffer between land uses along the west boundary and the Ustick/Eagle Road street buffers will help to mitigate noise, fumes and glare created by the additional traffic. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features on this site. 4. Variance Findings UDC 11-SB-4D The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall snake the followingfindings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access points to Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. The applicant has more than 500 feet of frontage on Ustick Road with which to design multiple access points and take public street access. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. However, to staff's knowledge, no such recommendation has been provided to date. TTD staff has commented that standard district policy applies to the site which does not allow for access to Eagle Road other than at the %z mile intersections. Therefore, the City Council finds that granting a variance to the site would be a special privilege which is not allowed in this district. 2. The variance relieves an undue hardship because of characteristics of the site; Council finds there are no physical characteristics of the site which demand access points be constructed that are any more unique or different than other properties along Eagle Road SH55. For example, there are no major canals or ditches which prevent access to Overland Road. The subject property has no barriers to constructing multiple access points to Overland Road as approved by ACRD. Granting any of the proposed access points to Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road SH55 would not be forced to use Ustick Road to get through the Fagle/Overland intersection; drivers could potentially make a free right-out turn and avoid aright-hand turn on to Ustick Road from the site. However, this is not tied to a physical characteristic of the site, which is what this fording requires. In addition, when construction upgrades (signalized intersection at Sadie Creek Avenue) to Ustick Road to the west of the site are complete, aright-hand turn on to Ustick from the site should be relatively simple with little or no stacking for southbound traffic and multiple turning lanes for northbound traffic. Sadie Creek Promenade Subdivision Exhibit D Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06 3. The variance shall not be detrimental to the public health, safety, and welfare Council finds that granting the right-in/right-out access points to Eagle Road SH55 has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. A vehicle going 55 miles per hour will trave180.685 feet each second, as the proposed access is only 306 feet from the intersection it would take a south bound vehicle approximately 4.5 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. If a center median is constructed, some of these potential conflicts maybe avoided, but it does not address the increased number of vehicles needing to merge with southbound Eagle Road traffic. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Kohl's CUP Application Exhibit F Page 1 February 17, 2006 VAR 05-027 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT White-Leasure Development Company ITEM NO. 16 REQUEST Continued Public Hearing from February 7, 2006 -Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway - 1601 South Meridian 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: COMMENTS See Previous Item Packet / Minutes See attached Comments OTHER: See attached Packet from Jeff Huber Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. February 17, 2006 AZ 05-045 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT M & H Development, LLC ITEM NO. 17 REQUEST Public Heating -Request far Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision - 4275 South 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: Contacted: Emailed: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations /Findings See attached Comments Date: 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 • 1~~CEIVED FEB 1 j Z0p6 City-~Jf:~ ridian. Ci:,C~~ Office .~ . «~~.,~-ode ;~ -~ ~,: In the Matter of Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential) AND Preliminary Plat approval request for 255 residential building lots and 29 common other lots AND Conditional Use Permit for a Planned Development consisting of 255 single-family home sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length in the proposed R-4 zone, by M & H Development, LLC and ADW, LLC. Case No(s).: AZ-OS-045, PP-05-048 and CUP-OS-046 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 1 of 4 • • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 September 12, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 5, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 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 maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 2 of 4 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) 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 future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. 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 may be 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 3 of 4 r: 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 21, 2006 ~C ~~ By action of the City Council at its regular meeting held on the '~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED_~/~~ VOTED VOTED__z~~~~ VOTED_ `~~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ de WEERD ATTEST: ~ ~~ ~~ WILLIAM G.~ ERG JR., CLARK ~,~ Copy served upon: / Applicant ®e~®paeettv~a®~'~4 Planning Department Public Works Department City Attorney By' Dated: ~ - a Z ' ~ (./ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 4 of 4 CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEB ~ 6 ~~ ~ ~ +'~ +L,~ ~ ~V 2006 STAFF REPORT Hearing Date: 2/21 /2006 ~-,-~. ,ty~ ~~ ~ ~~ < t.., _ TO: Mayor & City Council u.,av®~IVYe~di~ ' ~°JCa' Clerk ®~c~ FROM: C. Caleb Hood ~,~~;, "~°'~°"'¢' ~s ~,~. Current Planning Manager ~fiF_ ~ ~, 208-884-5533 ~-`-`"~~ a;~:,.;,:~, ~.r~=Y`-~' -~ SUBJECT: Reflection Ridge Subdivision AZ-OS-045 Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential). PP-OS-048 Preliminary Plat request for 255 building lots and 26 common/other lots. CUP-OS-046 Conditional Use Permit for a planned development consisting of 255 single- family home sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length in the proposed R-4 zone. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, M & H Development, LLC and ADW, LLC, have applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 255 building lots and 26 common/other lots on 91.1 acres. The site is located on the west side of Locust Grove Road, approximately % of a mile north of Amity Road. This site is currently rural residential and is currently improved with three single-family residential buildings and several accessory buildings. The site has not been previously platted. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on October 20, 2005, November 17, 2005 and January 5, 2006. At the January 5~` public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: David Koga (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. Ridenbaugh Canal ownership and constructing amulti-use pathway near the Canal. ii. Street layout and traffic calming mechanisms. iii. Emergency/secondary access from Meridian Road via the existing private lane/future collector roadway. c. Key Commission Changes to Staff Recommendation: i. Amended Site Specific Condition 1.1.1 in Exhibit B of the Staff Report to reference the revised plan/plat date. d. Outstanding Issue(s) for City Council: i. Staff recommends that the applicant at the public hearingzprovide anupdate on the status of acquiring a portion of the Ridenbausll Canal property from NMID to Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 1 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA)~DATE OF FEBRUARY 21, 2006 construct the multi-use pathwa~Qive an update on any chap e to the proposed multi-use athway's location that ma bye rye ,uired by NMID The subject property is within the Urban Service Planning Area. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and the Planning & Zoning Commission recommended conditions of approval for the requested annexation and zoning, preliminary plat, and conditional use permit applications. The recommendation and conditions of approval listed within the subject Staff Report are based on the revised drawings for Reflection Ridge. NOTE: These applications were originally submitted prior to the City adopting the Unified Development Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-045, PP-OS-048 and CUP-OS-046 as presented in Staff Report for the hearing date of February 21, 2006 and the Revised Preliminary Plat dated September 12, 2005, and the Site Plan dated January 5, 2006 with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-OS- 045 and CUP-OS-046 for the following reasons: (you should state specific reasons for denial of the Annexation and CUP; you must state specific reason(s) for denial of the Preliminary Plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-045, PP-OS-048 and CUP-OS-046 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/I,ocation: 4275 S. Locust Grove Road /west of Locust Grove Road, approximately % of a mile north of Amity Road, within 3N1E30. b. Owners: A & B Rumple Family Trust 3777 Sugar Creek Drive Meridian, Idaho 83642 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 Thomas & Diane McCrorey Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 2 CPI'I' OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 850 E. Rumple Lane Meridian, Idaho 83642 Marlene Wiley 1515 Sherman Street Boise, Idaho 83702 c. Applicants: M & H Development, LLC 82 E. State Street, Ste. B Eagle, Idaho 83616 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 d. Representative: David Koga, The Land Group e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Forty acres of the site are designated for Medium Density Residential use on the Comprehensive Plan Future Land Use Map, and 50 acres of the site are designated for Low Density Residential use on the Map. Amulti-use pathway is also shown adjacent to the Ridenbaugh Canal on the Map. g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 91.1 acres to R-4, Preliminary Plat approval of 255 buildable lots, and Conditional Use Permit approval for a planned development with reductions to the minimum lot size, minimum lot street frontage and maximum block length. The applicant is proposing a mix ofsingle-family, alley loaded lots (181ots) and detached single-family lots (2371ots). One-hundred-fifty-two of the lots are 8,000 square-feet or greater in size, and 103 of the lots are below 8,000 square feet. The average lot size in the proposed development is 8,785 square feet. A gross density of 2.8 dwelling units per acre is proposed. Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees are some of the amenities proposed by the applicant. 1. Date of preliminary plat (attached in Exhibit Al): 09/12/05 2. Date of CUP site plan (attached in Exhibit A2): 01/05/06 3. Date of landscape plan (attached in Exhibit A3): 08/15/05 h. Applicant's StatementlJustification (please see applicant's submittal material): The proposed low density, R-4 zoning is compatible and harmonious with the surrounding area and complies with the Comprehensive Plan. Medium density residential development exists and/or is planned to the north, the east across S. Locust Grove Road and a portion of the south-west property line. The City's Comprehensive Plan Future Land Use designates the land to the west Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 3 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 as Regional Mixed Use. This development will serve to tie those areas together and transition from different intensity uses through its use as a high quality traditional neighborhood with low density. 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a planned development as determined 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: October 3`a and October 17~', 2005 (for Planning & Zoning Commission hearing) and January 30'~ and February 13~', 2006 (for City Council hearing). f. Radius notices mailed to properties within 300 feet on: September 23`x, 2005 (for Planning & Zoning Commission hearing) and January 27~', 2006 (for City Council hearing). g. Applicant posted notice on site by: October l0a`, 2005 (for Planning & Zoning Commission hearing) and February 11~`, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Rural residential b. Description of Character of Surrounding Area: Rural residential, transitioning to urban residential with the recent approvals of Bellingham Park Subdivision, Sicily Subdivision, Roseleaf Subdivision, Chatsworth Subdivision, and the Tuscany Subdivisions. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County); Approved Sicily Subdivision, zoned R-8 2. East: Rural Residential, zoned RUT (Ada County); Approved Bellingham Park Subdivision, zoned R-8 3. South: Rural Residential, East Slope Subdivision, zoned RUT (Ada County) 4. West: Gravel Pit and Indoor Storage Facility, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is located in Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 4 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Location of water: Water is located in Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Issues or concerns: The topographic nature of this site leads to a couple of concerns for the Public Works Department. The first being that it leads to the necessity of a new pressure zone for the City of Meridian. Secondly, that lot drainage becomes a concern. 2. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Ridenbaugh Canal traverses along the north boundary of the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. . 5. Hazards: The Ridenbaugh Canal nlns along the north side of this site. The Ridenbaugh Canal is deep and wide and could be hazardous to children. 6. Proposed Zoning: R-4 7. Size of Property: 91 acres 8. Description of Use: Single-Family f. Subdivision Plat Information: 1. Residential Lots: 255 2. Non-residential Lots: 0 3. Total Building Lots: 255 4. Common Lots: 27 5. Other Lots: 2 (private street lots) 6. Total Lots: 284 7. Residential Area: 91 acres 8. Gross Density: 2.8 units per acre g. Landscaping: 1. Width of street buffer(s): Per MCC 12-13-10-4 a 20-foot wide street buffer is required along Locust Grove Road, a collector roadway. The landscape plan, site plan and preliminary plat all depict a 25-foot wide street buffer adjacent to Locust Grove Road. No other street buffers are required by ordinance. 2. Width of buffer(s) between land uses: No land use buffers apply to the proposed development. 3. Percentage of site as open space: Exclusive of the landscape buffer, the applicant is proposing to set aside 16 acres (17%) of the site for common open space. 4. Other landscaping standards: The landscape buffer along Locust Grove Road Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 should be constructed in accordance with MCC 12-13-10. 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: None 2. Proposed building height: The R-4 zone allows a 35-foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 17.7 % (16.1 acres) 5. Percentage of site devoted to paving: Approximately 23 acres of the site will be improved as public roadways and private alleyways (private streets). 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: 255 i. Amenities: Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees are some of the amenities proposed by the applicant. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area 10 (for alley-loaded lots) 15 15 otherwise 15 Side Accessed Garage (to street) 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 47 80 Lot Size 6,250 8,000 k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street access to Locust Grove Road. The applicant is proposing two stub streets to the large parcel to the northwest (Caven), one stub street to the 25 acre parcel to the southwest, one stub to the 121 acre parcel to the south, one stub street to the 23 acre parcel to the northeast (across the Ridenbaugh), and as staff requested, one stub street to the 5 acre parcel to the southeast. The City did not require a stub street to the subject site from Sicily Subdivision to the north, and the applicant is requesting to exceed the maximum block length because there is no outlet for the northern most street (Luminous Way). Except for at the entrance, which contains a planter, all internal streets are proposed 36-feet wide (measured back of curb to back of curb) and have detached 5-foot wide sidewalks. All streets will be public and will be constructed, Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 6 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 along with curb, gutter and sidewalks, to the Ada County Highway District's standards. Staff supports the proposed stub streets. Staff is supportive of the proposed street system. The applicant will also be constructing two 24-foot wide alleys in Block 4. Homes adjacent to these alleys will take access to the garage via the alley. Some of the alley-loaded lots do not have frontage on a public street. Therefore, the alleys will need street signs and addresses for those homes without street frontage will be provided from the alley. For this reason, staff recommends that the proposed alleys be constructed as private streets (except for the sidewalks) as set forth in the UDC 11-3F-4 and have turning radii at the public street of 28- feet (inside) and 48-feet (outside.) There is an existing private lane, Rumple Lane, that runs from Meridian Road to the northwest corner of the site. Rumple Lane intersects Meridian Road at the %z mile. The applicant is proposing a public stub street, Reflection Ridge Place, in the generally vicinity of Rumple Lane. It is anticipated that Reflection Ridge Place will be extended to the west to connect with Meridian Road when the property to the northwest (Caven) re-develops. To ensure that Rumple Lane does not exist in perpetuity, but is instead developed as part of a public road, the applicant should be required to vacate any interest in Rumple Lane. See Analysis below. The ACHD is reauiring traffic calming devices at the intersection of Reflection Ridge Drive and West Wrightwood Drive as well as at Reflection Ridge Drive and Northern Li is Avenue. The ACHD is also restricting driveway locations near the roundabouts Bulb-outs for traffic calming are also being required at the Luminous Wav and Reflection Ridge Drive intersection, at the Luminous Wav and Shimmering Street intersection. and at the Twilight Ridge and Memory Rid a Way intersection. Left and right hand turn lanes are being reauired along Locust Grove Road. Widening of Locust Grove Road abutting the site• and construction of sidewalk along Locust Grove Road are also conditions of ACRD. For a detailed report on the public streets and access points to public streets, please see the ACHD report, the Analysis section of this report, and Exhibit B. 7. COMMENTS MEETING On September 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: 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 Approximately 40 of the 91 acres are designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre. The remaining 50 acres adjacent to Locust Grove Road are 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. The applicant has submitted individual calculations for the low density and medium density areas. The 50.5 acres designated for low density residential contains 143 dwelling units for a gross density of 2.8 dwelling units/acre. The 40 acres designated for medium density residential contains 112 dwelling units for a gross density of 2.8 dwelling units/acre. Staff finds that the overall density is within the range for a low to medium density project. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 7 CITY OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a residential development. Staff finds that the existing residential properties to the north, south and east are compatible with the proposed development. The Parks Department has looked at redevelopment of the 25-acre mining pit to the west and south for a City Park. The main concerns of the Parks Department with this area being used for a park are the lack of access to the area because there are steep slopes, and the lack of visibility into the site. The Parks Department believes they can work around these constraints and use a large portion of the 25-acre area for a park in this section. The property that currently has storage facilities (northeast corner of Amity Road and Meridian Road) is designated for Mixed Use -Regional on the Future Land Use Map. Staff anticipates the existing mining pit and the storage areas to the west and south will redevelop in the near future. • 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. (Chapter VII, Goal IV, Objective C, Action 10) The subject applications include a request for the R-4 zone and propose only single family detached units. The applicant is offering a mix of lot sizes and house styles. Some alley- Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 8 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 loaded units as well as front-loaded garage units are proposed. Although the requested zone does not provide much variety, the proposed Craftsman and Classic house styles do contribute to the variety of house styles in the area. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) See bullet above. Stafffinds that the housing types proposed are appropriate for a residential development in this location. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to provide stub streets to the unplatted parcels to the northwest (2), south (2), southeast (1) and northeast (1). Staff is supportive of the proposed stub streets. See Exhibit B below. • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant is providing a landscape buffer adjacent to the existing 1 and S acre parcels to the south. The applicant has proposed a development in which the single family lots in the development are adjacent to other single family lots. Staff recognizes that there are some existing low density residential land uses to the south and supports the proposed landscaping and lots adjacent to the existing residences. • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) All urban services can be made available to this site. • 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. (Chapter VII, Goal I, Objective D, Action 9) The applicant is not proposing to fence the entire perimeter of the site. If permanent fencing is not constructed prior to issuance of building permits, temporary construction fencing should be installed. See Analysis below for comments regarding the proposed fencing types. • Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Except for Wrightwood Drive, access to Locust Grove Road should be prohibited. Staff finds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 9 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 21, 2006 a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family dwellings as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-4 zone. The applicant is also requesting a modification to exceed the maximum block length of 1,000 feet. Other than these requested dimensional standard modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: 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 single-family residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on August 15, 2005 by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 maybe used for non-domestic purposes such as landscape irrigation. 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. Special Considerations: Development Agreement: MCC 11-16-4 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Staff believes that a Develo went Agreement is necessary to ensure that this property is developed in a fashion that Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 10 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 is consistent with the comprehensive plan designation and does not negatively impact nearby~ro erties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: The applicant anticipates constructing the subdivision in four phases. The phasing plan begins along Locust Grove Road and then north, south and finally west. Construction is anticipated to reflect market demand and construction needs. Staff believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 200m residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. Rumple Lane: In order to facilitate a future public street extension to this property from Meridian Road, staff recommends that the applicant quit using Rumple Lane as access to the public roadway system (Rumple maybe used as an emergency access if approved by the Fire Department.) Any interest that the subject properties have in Rumple Lane should be surrendered upon annexation. Access to Arterials: Except for one public street access to Locust Grove Road, all other vehicular access to Locust Grove Road should be prohibited for this site Multi-use Pathwav: On the Comprehensive Plan Future Land Use Map, a multi- use pathway is depicted on this property. The applicant is proposing to construct the multi-use pathway on the south side of the Ridenbaugh Canal to the northwest property line. Staff is generally supportive of the location of the pathway. However, a portion of the pathway lies outside of the boundary of the area being annexed and subdivided. Therefore, in case the applicant is unable to come to an agreement with the owner where the pathway is proposed, staff recommends that a development agreement provision be that the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest property line. 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 Narv, 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 Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 11 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 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 any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations. • That prior to the City Council's approval of the 200' residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. • That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. • That one public street access will be allowed to Locust Grove Road; direct lot access to Locust Grove Road shall be prohibited. ~ That the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest corner of the property. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 5-foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with an 8-foot wide landscape strip. In accordance with the recently passed ACRD planter width standards, the width of the planter strip should be constructed as proposed and include Class II trees. See Exhibit B below. Ditches, Laterals, and Canals: The Ridenbaugh Canal runs along the site's northern boundary. The Farr Lateral runs along the site's south boundary. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) 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 should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. See Exhibit B below. Pressure Irris?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 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 MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 12 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 Fencing: The applicant is proposing to construct three types of fencing within the development: 5-foot tall tan vinyl fence, 4-foot tall tan vinyl fence, and a 4-foot tall black wrought iron fence. The applicant is not proposing to construct permanent fencing around the entire perimeter of the site. Perimeter fencing is proposed around the perimeter, except for adjacent to Parcel No. 51130212407 (northwest.) Due to safety concerns, staff recommends that fencing adjacent to: Lots 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micropaths be restricted to either a 4-foot tall solid fence or a 6-foot tall open-vision fence. Further, anopen-vision fence (or a 4-foot tall closed fence) should be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. All fencing should be installed in accordance with City Code. See Exhibit B below. Existine Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. See Exhibit B below. Multi-use Pathway: The applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 10-feet wide along the entire length of the property. Staff is supportive of the proposal to construct the multi-use pathway as depicted. However, staff has concerns with fencing and landscaping adjacent to the pathway. City Code 12-13-12-9 requires a 5-foot wide landscape buffer along the pathway. The submitted landscape plan depicts a fence directly adjacent to the south side of the pathway; no landscaping is proposed. Staff recommends that the applicant be required to construct a 5-foot wide landscape buffer along the south side of the multi-use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) See Fencing above and Exhibit B below. Micropaths: The applicant is proposing to construct several micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different subdivision blocks. All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Common Areas: Maintenance of all common areas shall be the responsibility of the Reflection Ridge Home Owners' Association. CUP Application: The submitted CUP substantially complies with the Zoning Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it generally conforms to Titles 11 and 12, Meridian City Code. Special Considerations: Requested Modifications: The applicant is requesting reductions to the standard Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 13 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 lot size, front building setback and street frontage requirements of the R-4 zone. The applicant is also requesting to exceed the maximum block length of 1,000 feet in 2 blocks (Block 8, and Block 18). Due to existing topography to the south, staff is supportive of the proposed block length in Block 18. Due to the lack of a stub street being provided to this site from the north in Sicily Subdivision, staff is supportive of the proposed block length modification in Block 8. See Exhibit B. One-hundred-three of the proposed 255 lots (40%) are below the 8,000 square- foot minimum lot size of the R-4 zone. One-hundred-fifty-two (60%) of the proposed lots are at or exceed the minimum lot size of the R-4 zone. Nineteen of the alley-loaded lots in Block 4 are requested to have a 10-foot front setback to the liveable area (15 feet required by ordinance). Ninety-six of the 255 proposed buildable lots (38%) do not meet the nLinimum street frontage requirement of the R-4 zone (80-feet). Staff is supportive of the requested modifications as they allow for diversity in lot and block size. See Exhibit B below. Amenities: The applicant proposes usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees, and other amenities. Staff is supportive of the proposed amenities. See Exhibit B below. Elevations: The applicant has submitted sample pictures of how the alley-loaded and classic houses will look. Staff is supportive of the buildings. Each house shall be constructed in substantial compliance with the pictures submitted with the CUP application. See Exhibit B below. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-OS- 045, PP-OS-048, and CUP-OS-046, with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5, 2006. At the public hearin tg he applicant should be prepared to give an update on anv change to the pathway's location that maybe required by NMID. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 09/12/05, received by the City Clerk's Office on December 16, 2005) 2. CUP Site Plan (dated: 01/05/06) 3. Landscape Plan (dated: 08/15/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 14 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 15 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 A. Drawuigs 1. Preliminary Plat (dated: 9-12-05, date Stamped by the City Clerk on December 16, 2005) ~~ d SRI `~tPl~e4'~ K .a (~f}tS1110Q®f1S ~~1 N®d1~31~~! ~ + I ~ j ~ $ Exhibit A Page I CTI'Y OF MERIDIAN PL~~G DEPARTMENT STAFF REPORT FOR THE HEAR)~ATE OF FEBRUARY 21, 2006 Exhibit A Page 2 mid ~~d ~ ~~ °~ ° i o~'. CTI'Y OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 f`~' j `~ ~ 5'~ (~ j~•5 lJ ~., y;~ ~®~ y- .r ', z~~ ~ ~ ~~ g d ~ ~ ~ g ~ ~ ~U ~ ~°~j°~ y$q~, Hl P Q Aa~ ~~ $ ~~ d, Dill ~...,. Exhibit A Page 3 CITY OF MERIDIAN PI,A~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 ~! ~PI'eUY. _ ~ -(/~,(~y /~ >:Bgl~dn,4~eu¢~uti~~yp ~~y 4 ~ ~ ~~~ ~tg 6~ i • ~~~~I IY~LiG.71F {~Q~[ tl~7 ~~~~~ t,Y11J'V.~a.i~~ ~E:~ ~ ~'~~.~i Y.,i ~ °~ ~~ 0. 9 ,,~,,,,,,,,zzzzz}}}}}} ~~jy p.7 ~m a ~~ t~3 y~~~ 8 ~& o Exhibit A Page 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 2. 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Landscape Plan (dated: 8-15-OS) j~ll~~ t ~. r~ ~P 101 O{~~ i.le ~~ ~¢~C3 ~_ i~ 0 ~ ~ ~ ~ I Exhibit A Page 6 CTI'Y OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 Exhibit A Page 7 CTl'1' OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 €; Exhibit A Page 8 i~' FJQI~lil~6861~ 3J~~ RIC11~3~38i ~ t (e ~s 1~ ~ t ~ d CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HATE OF FEBRUARY 21, 2006 ~5= S Rp~ LL Exhibit A Page 10 cvca~se~r~er~s ~~t~ ~o~~~ ~ f ~~i§~ 41~ ~ ~ ~ ~ CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 Exhibit A Page 11 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 Exhibit A Page 12 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 a~DI °~+~IRPeW .~ ~ lgld Rle~ual~c9 ~ ~ e ~ ~' ~ b I ~~ ~ d ~ r--___-®-------~--~-_--__~__~_-~®________~--_-t ~ ~ r s' /~ ,/ Exhibit A Page 13 CTfY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-048) 1.1.1 The preliminary plat labeled as PP-1, PP-2, PP-3, and PP-4, prepared by The Land Group, Inc., dated September 12, 2005, and date stamued by the City Clerk on December 16, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-045) and Conditional Use Permit (CUP-OS-046) application shall also be considered conditions of the Prelimixiary Plat (PP-OS-048). 1.1.2 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached sidewalks shall be a minimum of 8-feet wide and include Class II trees. 1.1.3 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation 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. 1.1.4 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.5 Construct perimeter fencing around the perimeter of the site, as proposed on the submitted landscape plan (fencing adjacent to Parcel No. S1130212407 (northwest) is not required.) Any fencing adjacent to common Lot 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micropaths shall be restricted to either a maximum 4- foot tall solid fence or a maximum 6-foot tall open-vision fence. Further, anopen-vision fence (or a maximum 4-foot tall closed fence) shall be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided around the entire perimeter prior to issuance of a building permit, temporary construction fencing to contain debris must be installed. All fencing should be installed in accordance with City Code. 1.1.6 Prior to signature of the final plat by the City Engineer, all buildings that span across proposed lot lines and/or do not meet the setback requirements of the zone and/or are not principally permitted buildings shall be removed. 1.1.7 Construct a 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID), if the pathway is located within NMID's easement. The easement for the Ridenbaugh Canal and pathway shall not be included within the area of any adjacent buildable lot. The applicant shall Exhibit B Page 1 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY Z1, 2006 conform to the Pazks Department's standards for construction of the pathway. In accordance with MCC 12-13-12-9, a 5-foot wide landscape buffer shall be constructed on the south side of the pathway. Construct fencing, in accordance with Condition 1.1.5 above, on the south side of the multi-use pathway. All landscaping adjacent to the pathway must be maintained by the Home Owners' Association. 1.1.8 All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3.) 1.1.9 The proposed alleys in Block 4 shall be private streets to be constructed to ACHD's public street standards, contain a minimum driving surface of at least 24 feet, have 28-foot (inside) and 48-foot (outside) turning radii where the alleys intersect the public streets, and be located in common lots. Addressing for the lots adjacent to the private streets with no public street frontage shall be from the private street. Street signs shall be installed by the applicant on the private streets with street name approval by the Street Naming Committee. 1.1.10 Maintenance of all common areas, including the private streets (alleys), shall be the responsibility of the Reflection Ridge Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to Locust Grove Road is prohibited. 1.1.12 The submitted eight-page landscape plan prepazed by The Land Group, Inc., dated 8-15-OS is approved as submitted, with the following modifications: • Construct a 25-foot wide landscape buffer along Locust Grove Road, as proposed. In accordance with MCC 12-13-10, install at least one tree within said buffer for every 35 feet of frontage on the Locust Grove Road right-of--way. • 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. • All micropaths within the proposed subdivision shall be designed in accordance with MCC 12- 13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." • Construct a 5-foot wide landscape buffer on the south side of the multi-use pathway. Materials in said buffer shall be consistent with MCC 12-13-12-9. • 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable azea. 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. ~ Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. Where the applicant has submitted a preliminary landscape plan and where Council has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Council. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application. Exhibit B Page 2 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-048) 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 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. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Council'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. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIltEMENTS--CONDITIONAL USE PERMIT (CUP-OS-046) 1.3.1 The site plan prepared by The Land Group, Inc., dated January 5, 2006, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ-OS-045) and Preliminary Plat (PP-OS-048) as a condition of the Conditional Use Permit (CUP-OS-046). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: Lot Size - 6,250 sq. ft.(minimum) Lot Frontage - 47 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul-de-sac or curve) Residential Building Setbacks -The following lots may have a 10-foot front setback: Lots 2-5, 7-11, 13-17, and 19-22, Block 4. 1.3.3 Blocks 8 and 18 may exceed the maximum block length of 1,000 feet. 1.3.4 As amenities for the subject planned development, construct: a 10-foot wide asphalt pathway from Locust Grove Road to the west property line; set aside usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, and a landscaped entrance boulevard corridor with street trees. 1.3.5 Construction within Reflection Ridge Subdivision shall substantially comply with the pictures/elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 2 Meridian Public Works Department 2.1 Site Specific Conditions and Comments 2.1.1 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 9-4-8. Wells may be used for non- Exhibit B Page 3 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.1.2 Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.3 The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.1.4 Water service to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.5 Due to elevation changes on this site, a new pressure zone is being planned for this area. The new zone would split this property at a 45 degree angle approximately 600 feet southwest of the Ridenbaugh Canal. The northeastern portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone are established. The first source would be from a well lot which the developer would donate to the City of Meridian, the second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with Len Grady at the Public Works Department regarding this condition and he may waive the requirement for one of the two sources. 2.1.6 The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to create the new pressure boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location and number with Len Grady at the Public Works Department. 2.1.7 Please submit updated groundwater data for review by the Public Works Department. 2.1.8 The proposed landscape bulb in W. Wrightwood Drive near the intersection at Locust Grove Road needs to be labeled with a lot and block number, with maintenance and ownership called out in the plat notes. 2.1.9 Revise note 3 to read, "Each side of common side lot lines ....." 2.1.10 Revise note 4 to dedicate a 10-foot public utilities, drainage and irrigation easement along rear lot lines. Exhibit B Page 4 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 2.1.11 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans and be reviewed and approved at that time. The Master Grading and Drainage plan shall design the lots to drain in a way that inimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following: a. Finish grade elevation at each lot corner. b. Drainage flow patterns on all lots. c. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.1.12 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated that Nampa and Meridian Irrigation District is going to own and operate the pressurized irrigation system in this development. Evidence of a license agreement shall be provided prior to scheduling of apre-construction meeting, with a signed license agreement prior to signature on the final plat. 2.1.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the 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. 2.1.14 No large landscaping shall be allowed within 5 feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.1.15 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.16 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. 2.1.17 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. 2.1.18 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. 2.1.19 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. 2.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.1.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Exhibit B Page 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 21, 2006 2.1.22 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.23 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. 2.1.24 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. 3. Meridian 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' 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. h. Fire hydrants shall be provided to meet the requirements of the IFC 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 an approved turn around. 3.5 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 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. 3.8 To increase emergency access to the site a minimum of two points of access will be reauired 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. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 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. Exhibit B Page 6 CTI'Y OF MERIDIAN PLAZ~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 3.11 The proposed 255-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 740 residents at build out. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The homes with only frontage on the private streets (alleys) shall be addressed from the adjacent private street (alley). 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.15 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). 3.16 This project will be required to provide a 20' wide swing or rolling emergency access gate at the western emergency access point. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.17 Private Streets (alleys) that serve mews shall be constructed at least 24-feet wide. 3.18 Pool chemicals shall be stored in compliance with the International Fire Code. 4. Meridian Police Department 4.1 The proposed development andlor plat do not offer natural surveillance opportunities of the public area between Lots 24 and 25, Block 6. Prior to the next public hearing, the applicant shall submit a revised plat/plan that increases visibility by incorporating Lot 25 into Lot 15. 4.2 The proposed plat and/or site design 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 Reflection Ridge Drive, Luminous Way, and Radiant Ridge Drive. 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. Meridian Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. Exhibit B Page 7 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 5.3 The Parks Department is supportive of a future City Park just south of the subject site. However, there appears to be an access issue with the future location. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1 Construct the main entrance to the subdivision (West Wrightwood Drive) to directly align (centerline to centerline) with the roadway to Bellingham Subdivision. 7.2 Construct the internal streets as 36-foot street sections with vertical curb, gutter and a 5-foot concrete sidewalk that is detached from the curb with an 8-foot wide landscape planter within 62- feet ofright-of--way, as proposed. 7.3 Construct two 24-foot wide private alleys that connect West Wrightwood Drive and Luminous Way OR Construct two 16 to 20-foot wide public alleys that connect West Wrightwood Drive and Luminous Way. An access to an alley shall be located a minimum of 25-feet from the nearest public street. 7.4 Construct a stub street (Northern Lights Avenue) to the south property line approximately 1,380- feet east of the west property line, as proposed. Construct a temporary turnaround at the terminus of the roadway. Pipe the Farr Lateral in order to stub to the south property line. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.5 Construct a stub street to the south property line approximately 1,750-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.6 Construct a stub street to the west property line approximately 645-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.7 Construct a stub street to the north property line approximately 1,100-feet west of the east property line, as proposed. Provide the District with the cost of half of the bridge necessary to cross the Ridenbaugh Canal. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.8 Construct a stub street to the north property line approximately 92-feet east of the west property line. Construct a temporary turnaround at the terminus of the roadway. ~`** The applicant may need to shift this roadway slightly to successfully locate the roadway in a location that will extend Rumple Lane into the site via Caven's property. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." Exhibit B Page 8 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 7.9 Construct a stub street to the south property line approximately 510-feet west of Locust Grove Road to serve the 4.88-acre site located directly to the south of this site, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.10 Construct a roundabout at the intersection of Reflection Ridge Drive and West Wrightwood Drive as well as Reflection Ridge Drive and Northern Lights Avenue, as proposed. Design the roundabout with 21-foot street sections on either side of the center island with splitter islands. Dedicate sufficient right-of--way on either side of an island. Place a note on the final plat requiring Lot 1 Block 4 to access the adjacent alley, Lot 1 Block 12 to access Reflection Ridge Drive, Lot 10 Block 17 to access Northern Lights Avenue, Lots 15 Block 19 to access Reflection Ridge Drive and Lot 2 Block 21 to access Reflection Ridge Drive. Coordinate the size and design of the roundabout with traffic services Council. 7.11 Construct four cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.12 Construct two knuckles without center islands within the subdivision, as proposed. 7.13 Construct a center island within West Wrightwood Drive. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet while maintaining a minimum of a 21-foot street section on either side of the island. 7.14 Construct bulb-outs at: • The Luminous Way and Reflection Ridge Drive intersection • The Luminous Way and Shimmering Street intersection • The Twilight Ridge Drive and Memory Ridge Way intersection, as proposed. Reconfigure the bulb-outs that are proposed at the intersections of Solemn Lights Drive and Shimmering Street and Reflection Ridge Drive and Memory Ridge Way to allow for driveways to be constructed to all of the surrounding residential lots. 7.15 Construct a left hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.16 Construct a right hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.17 Other than the public roadway that has been approved with this application (West Wrightwood Drive), direct lot access to Locust Grove Road is prohibited. A note stating the access restrictions will be required on the fmal plat. 7.18 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. Exhibit B Page 9 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 21, 2006 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 Council 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 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 confirniation 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 Nampa Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. Exhibit B Page 10 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 8.2 All laterals and waste ways must be protected. The District's Ridenbaugh Canal courses along the North boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 8.3 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa Meridian Irrigation District must review drainage plans. 8.4 The developer must comply with Idaho Code 31-3805. 8.5 It is recommended that irrigation water be made available to all developments within the Nampa Meridian Irrigation 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. 9.4 It is recommended that storm water beore-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B Page 11 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 C. Legal Description ~~~' r~~' ~~e~~x ~~~~ 1~ c1 t ®~'lO~ ~ _ 7 ~s 74~ P4Xm Exhibit C Page 1 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 1Af11i~1 10itZ~ii'i P~7a13'4~ ~St, a dISt~art~e 4f 271.78 $r~t fiF l®ss; Sut~e~t to existing ea~ments arui rigMs-0$ way as er+Y m$y exist, o$ recor9 or not ~ nerd it is intention o$ fibs tferre to lndude ~1 t~f' ~ lsno~rty descn`t~d in Quit claim t7eed It~stn~mmtt numix~r 1 f~2158d4O, Personal Rs~resentstlv~s le~taxent Niar~sr ~7, Quit Claim Deed lnsfnunent number 9~6i~i54O5, end Q~tlt claim iced lrsrlt nurrtksar 891'12159, including ar+Y Po~~ of fFt~ peoperties not in this document ® ~w ,apP v Refer to sketch. } sTa~~ r~ t~ V41 Y~e U lae. l~na~Y J. ~[1l(, Prasic, P!*S 7612 is cNIClIAFI pueuG ~~~ _ ~~ ~ T~F~ W.~PR47~S~D @R~SSPSC(8.73ASypb~, Exhibit C Page 2 CTI'Y OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 Exhibit C Page 3 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 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 shall find adequate evidence answering the following questions about the proposed zoning amendment: A. Will 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 VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. Council fords that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the 50 acres adjacent to Locust Grove Road to be "Low Density Residential," and "Medium Density Residential" to the west. Some of the larger lots in the development are within the area designated for low density residential. The applicant has submitted detailed calculations for the low and medium density designated areas. Council fords that the low density area contains less than 3 dwelling units per acre, and that the medium density area contains just under 3 dwelling units per acre (2.8 d.u/acre gross.) The overall gross density of the project is 2.8 dwelling units per acre. Council fords that the density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium density areas. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Council Report for detailed analysis of specific comprehensive plan action items that apply to this development.) B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and a conditional use permit for a planned development that proposes single-family dwelling lots on the subject site (PP-OS-048 & CUP-OS-046). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; Council finds that single-family homes are allowed (permitted) within the requested R-4 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved.) D. 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 fashion similar to the proposed rezone area; There have been no recent street improvements in the area. None of the nearby roadways: Locust Grove Road, Amity Road, or Victory Road, are within ACHD's Five Year Work Program or CIP (20-year plan) for road widening. Sicily Subdivision, Chatsworth Subdivision and Roseleaf Subdivision to the north have been approved for development similar to what is being proposed. Bellingham Park Subdivision and Tuscany Subdivision Exhibit D Page 4 CITY OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 to the east have also been approved for single-family developments. The subject property is generally surrounded by rural residential acreages. Council does not fmd that there has been a change in the azea that dictates that this property should be rezoned. However, this is the logical expansion of the City limits. The Council relies on Council's analysis, public testimony received and any comments 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 existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted photos/elevations for the proposed dwelling units. If constructed similarly to the units in the photos, Council believes that the design of the dwelling units will be compatible with the adjoining uses. Council fords that the proposed development will change the existing character of the azea, which is still largely rural. However, the proposed development is generally harmonious with the intended chazacter envisioned by the Comprehensive Plan. Council does not fmd that the proposed zoning/uses will adversely change the essential chazacter of azea. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, Council does not anticipate that the proposed uses will be hazazdous as long as the applicant complies with the conditions contained in Exhibit B and all City Code 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; or will the person responsible for the establishment of the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Urban services, such as water and sewer, aze neaz to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similaz to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. The ACHD has included several conditions of approval for the subject development. Council finds that the existing and proposed street system will be able to handle the proposed development if the applicant complies with all of ACHD's conditions. All of ACHD's conditions are included in Exhibit B of the Staff Report. On September 30, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/deparhnent meeting and other comments received from agencies/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development right away. The Commission and Exhibit D Page 5 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 Council should reference any written and/or verbal 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 for public facilities and services and will not be detrimental to the economic welfare of the community; 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. Council fords 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. Will the proposed uses 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; 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. Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, Council does not believe that the amount generated will be detrimental to the general welfare of the public. Council does not 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 property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street access to connect with the existing public street system. If is designed and constructed as required by the ACRD and the City, Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Ridenbaugh Canal bisects this property. Council considers the Ridenbaugh a scenic feature. Council recommends that this feature be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Council references any public testimony that maybe presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. L. Is the proposed zoning amendment in the best interest of the city. In accoYdance with the findings listed above. Council Ends that the annexation and zonin o~ f this pro~ty, as pYOposed b ty he applicant. would be in the best interest o the City (see Analysis section in the Staf~eport). 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the Exhibit D Page 6 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 objectives of this Title and at least the following: 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 program; 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 for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. 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 ford 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 other features as maybe required by this title; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size, front setback and maximum block length requirements of the R-4 zone. Council fords that the subject property is large enough to accommodate the requested use and all other required ordinance features. 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 and in accordance with the requirements of this Ordinance; Council fords that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan 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 planned development). 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; Exhibit D Page 7 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 Council fmds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and 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 Annexation Findings G and H, the conditions in Exhibit B, and any comments that maybe 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 Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD regarding this project when determining this fmding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. Exhibit D Page 8 February 17, 2006 PP 05-048 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT M & H Development, LLC ITEM NO. 1$ REQUEST Public Hearing -Request for Preliminary Plat approval of 255 building lots and 26 other lots on 91.085 acres in a proposed R-4 zones #or Reflection Ridge Subdivision - 4275 South 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 SCWOOL 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 See aNached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ~~c~~n CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER City ®f N.Yerioli~ C1ty Clem ®ffi~ce :; . ~,~-. dl~1' iYE ~Sl ~~ '~ ~~~, i~.¢, ~~ ,,,~. .. .•;~~ f ~. In the Matter of Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential) AND Preliminary Plat approval request for 255 residential building lots and 29 common other lots AND Conditional Use Permit for a Planned Development consisting of 255 single-family home sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length in the proposed R-4 zone, by M & H Development, LLC and ADW, LLC. Case No(s).: AZ'05-045, PP-05-048 and CUP-05-046 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 1 of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 September 12, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 5, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 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 maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 2 of 4 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) 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 future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 3 of 4 U 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 21, 2006 By action of the City Council at its regular meeting held on the 2 ~ d~' day of ait , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED_ ~ J~.~V COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ '~~~~ COUNCIL MEMBER KEITH BIlZD VOTED__ (L~~ TIE BREAKER Copy served upon: •rd~~~'/9B9% 1 d 91B91~s Applicant ~ Planning Department Public Works Department City Attorney By ~ Dated: 00 -21-~ l0 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 4 of 4 MAYOR TAMMY de WEERD VOTED CTI'Y OF MERIDIAN PLA•G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBR A , 2 6 STAFF REPORT Hearing Date: 2/21/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager 208-884-5533 SUBJECT: Reflection Ridge Subdivision ~_ ~ ~.~ ~ ~ ~0~~ ,,, - ~' ' ®f 11'leridian ~E~ „~ aNi ~C~erk ~fficc ~ ~ .4~~ I, IL]a.'1]i4J AZ-OS-045 Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential). PP-OS-048 Preliminary Plat request for 255 building lots and 26 common/other lots. CUP-OS-046 Conditional Use Permit for a planned development consisting of 255 single- family home sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length in the proposed R-4 zone. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, M & H Development, LLC and ADW, LLC, have applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 255 building lots and 26 common/other lots on 91.1 acres. The site is located on the west side of Locust Grove Road, approximately % of a mile north of Amity Road. This site is currently rural residential and is currently improved with three single-family residential buildings and several accessory buildings. The site has not been previously platted. 2. SUNIlVIARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on October Z0, 2005, November 17, 2005 and January 5, 2006. At the January 5~` public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: David Koga (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. Ridenbaugh Canal ownership and constructing amulti-use pathway near the Canal. ii. Street layout and traffic calming mechanisms. iii. Emergency/secondary access from Meridian Road via the existing private lane/future collector roadway. c. Key Commission Changes to Staff Recommendation: i. Amended Site Specific Condition 1.1.1 in Exhibit B of the Staff Report to reference the revised plan/plat date. d. Outstanding Issue(s) for City Council: i. Staff recommends that the applicant, at the public hearing=provide an u dap to on the status of acc~uirins? a portion of the Ridenbau Canal property from NMID to Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 1 CITY OF MERIDIAN PLA•G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 construct the multi-use pathway, and give an update on any change to the proposed multi-use athway's location that may be required by NMID The subject property is within the Urban Service Planning Area. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and the Planning & Zoning Commission recommended conditions of approval for the requested annexation and zoning; preliminary plat, and conditional use permit applications. The recommendation and conditions of approval listed within the subject Staff Report are based on the revised drawings for Reflection Ridge. NOTE: These applications were originally submitted prior to the City adopting the Unified Development Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-045, PP-OS-048 and CUP-OS-046 as presented in Staff Report for the hearing date of February 21, 2006 and the Revised Preliminary Plat dated September 12, 2005, and the Site Plan dated January 5, 2006 with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-OS- 045 and CUP-OS-046 for the following reasons: (you should state specific reasons for denial of the Annexation and CUP; you must state specific reason(s) for denial of the Preliminary Plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-045, PP-OS-048 and CUP-OS-046 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: 4275 S. Locust Grove Road /west of Locust Grove Road, approximately % of a mile north of Amity Road, within 3N1 E30. b. Owners: A & B Rumple Family Trust 3777 Sugar Creek Drive Meridian, Idaho 83642 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 Thomas & Diane McCrorey Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 2 CTI'Y OF MERIDIAN PLA ~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 850 E. Rumple Lane Meridian, Idaho 83642 Marlene Wiley 1515 Sherman Street Boise, Idaho 83702 c. Applicants: M & H Development, LLC 82 E. State Street, Ste. B Eagle, Idaho 83616 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 d. Representative: David Koga, The Land Group e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Forty acres of the site are designated for Medium Density Residential use on the Comprehensive Plan Future Land Use Map, and 50 acres of the site are designated for Low Density Residential use on the Map. Amulti-use pathway is also shown adjacent to the Ridenbaugh Canal on the Map. g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 91.1 acres to R-4, Preliminary Plat approval of 255 buildable lots, and Conditional Use Permit approval for a planned development with reductions to the minimum lot size, minimum lot street frontage and maximum block length. The applicant is proposing a mix of single-family, alley loaded lots (181ots) and detached single-family lots (237 lots). One-hundred-fifty-two of the lots are 8,000 square-feet or greater in size, and 103 of the lots are below 8,000 square feet. The average lot size in the proposed development is 8,785 square feet. A gross density of 2.8 dwelling units per acre is proposed. Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees are some of the amenities proposed by the applicant. 1. Date of preliminary plat (attached in Exhibit Al): 09/12/05 2. Date of CUP site plan (attached in Exhibit A2): 01/05/06 3. Date of landscape plan (attached in Exhibit A3): 08/15/05 h. Applicant's Statement/Justification (please see applicant's submittal material): The proposed low density, R-4 zoning is compatible and harmonious with the surrounding area and complies with the Comprehensive Plan. Medium density residential development exists and/or is planned to the north, the east across S. Locust Grove Road and a portion of the south-west property line. The City's Comprehensive Plan Future Land Use designates the land to the west Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 3 CITY OF MERIDIAN PLAN• DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 21, 2006 as Regional Mixed Use. This development will serve to tie those areas together and transition from different intensity uses through its use as a high quality traditional neighborhood with low density. 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a planned development as determined 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: October 3rd and October 17d', 2005 (for Planning & Zoning Commission hearing) and January 30d` and February 13~', 2006 (for City Council hearing). f. Radius notices mailed to properties within 300 feet on: September 23rd, 2005 (for Planning & Zoning Commission hearing) and January 27d', 2006 (for City Council hearing). g. Applicant posted notice on site by: October l Od', 2005 (for Planning & Zoning Commission hearing) and February 11 `s, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Rural residential b. Description of Character of Surrounding Area: Rural residential, transitioning to urban residential with the recent approvals of Bellingham Park Subdivision, Sicily Subdivision, Roseleaf Subdivision, Chatsworth Subdivision, and the Tuscany Subdivisions. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County); Approved Sicily Subdivision, zoned R-8 2. East: Rural Residential, zoned RUT (Ada County); Approved Bellingham Park Subdivision, zoned R-8 3. South: Rural Residential, East Slope Subdivision, zoned RUT (Ada County) 4. West: Gravel Pit and Indoor Storage Facility, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is located in Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 21, 2006 Location of water: Water is located in Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Issues or concerns: :Ilse topographic nature of this site leads to a couple of concerns for the Public Works Department. The first being that it leads to the necessity of a new pressure zone for the City of Meridian. Secondly, that lot drainage becomes a concern. 2. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Ridenbaugh Canal traverses along the north boundary of the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards: The Ridenbaugh Canal runs along the north side of this site. The Ridenbaugh Canal is deep and wide and could be hazardous to children. 6. Proposed Zoning: R-4 7. Size of Property: 91 acres 8. Description of Use: Single-Family f. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 255 0 255 4. Common Lots: 27 5. Other Lots: 2 (private street lots) 6. Total Lots: 284 7. Residential Area: 91 acres 8. Gross Density: 2.8 units per acre g. Landscaping: 1. Width of street buffer(s): Per MCC 12-13-10-4 a 20-foot wide street buffer is required along Locust Grove Road, a collector roadway. The landscape plan, site plan and preliminary plat all depict a 25-foot wide street buffer adjacent to Locust Grove Road. No other street buffers are required by ordinance. 2. Width of buffer(s) between land uses: No land use buffers apply to the proposed development. 3. Percentage of site as open space: Exclusive of the landscape buffer, the applicant is proposing to set aside 16 acres (17%) of the site for common open space. 4. Other landscaping standards: The landscape buffer along Locust Grove Road Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 5 CTl'Y OF MERIDIAN PLANK G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 should be constructed in accordance with MCC 12-13-10. 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: None 2. Proposed building height: The R-4 zone allows a 35-foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 17.7 % (16.1 acres) 5. Percentage of site devoted to paving: Approximately 23 acres of the site will be improved as public roadways and private alleyways (private streets). 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: 255 i. Amenities: Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees aze some of the amenities proposed by the applicant. j. Proposed and Required Residential Standazds: R-4 Setbacks (in feet) Proposed Required Front Living Area 10 (for alley-loaded lots) 15 15 otherwise 15 Side Accessed Garage (to street) 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 47 80 Lot Size 6,250 8,000 k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street access to Locust Grove Road. The applicant is proposing two stub streets to the lazge parcel to the northwest (Caven), one stub street to the 25 acre parcel to the southwest, one stub to the 121 acre parcel to the south, one stub street to the 23 acre pazcel to the northeast (across the Ridenbaugh), and as staff requested, one stub street to the 5 acre parcel to the southeast. The City did not require a stub street to the subject site from Sicily Subdivision to the north, and the applicant is requesting to exceed the maximum block length because there is no outlet for the northern most street (Luminous Way). Except for at the entrance, which contains a planter, all internal streets are proposed 36-feet wide (measured back of curb to back of curb) and have detached 5-foot wide sidewalks. All streets will be public and will be constructed, Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 6 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 along with curb, gutter and sidewalks, to the Ada County Highway District's standards. Staff supports the proposed stub streets. Staff is supportive of the proposed street system. The applicant will also be constructing two 24-foot wide alleys in Block 4. Homes adjacent to these alleys will take access to the garage via the alley. Some of the alley-loaded lots do not have frontage on a public street. Therefore, the alleys will need street signs and addresses for those homes without street frontage will be provided from the alley. For this reason, staff recommends that the proposed alleys be constructed as private streets (except for the sidewalks) as set forth in the UDC 11-3F-4 and have turning radii at the public street of 28- feet (inside) and 48-feet (outside.) There is an existing private lane, Rumple Lane, that runs from Meridian Road to the northwest corner of the site. Rumple Lane intersects Meridian Road at the %Z mile. The applicant is proposing a public stub street, Reflection Ridge Place, in the generally vicinity of Rumple Lane. It is anticipated that Reflection Ridge Place will be extended to the west to connect with Meridian Road when the property to the northwest (Caven) re-develops. To ensure that Rumple Lane does not exist in perpetuity, but is instead developed as part of a public road, the applicant should be required to vacate any interest in Rumple Lane. See Analysis below. The ACHD is requiring traffic cahnins? devices at the intersection of Reflection Rids;e Drive and West Wrialltwood Drive as well as at Reflection Ride Drive and Northern Lights Avenue The ACHD is also restricting driveway locations near the roundabouts. Bulb-outs, for traffic calmixl~ are also being required at the Luminous Wav and Reflection Ridge Drive intersection at the Luminous Wav and Shimmering Street intersection, and at the Twilight Ridge and Memory Ridge Wav intersection Left and right hand turn lanes are being reauired along Locust Grove Road Widening of Locust Grove Road abutting the site; and construction of sidewalk along Locust Grove Road are also conditions of ACHD. For a detailed report on the public streets and access points to public streets, please see the ACHD report, the Analysis section of this report, and Exhibit B. 7. COMMENTS MEETING On September 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: 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 Approximately 40 of the 91 acres are designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre. The remaining 50 acres adjacent to Locust Grove Road are 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. The applicant has submitted individual calculations for the low density and medium density areas. The 50.5 acres designated for low density residential contains 143 dwelling units for a gross density of 2.8 dwelling units/acre. The 40 acres designated for medium density residential contains 112 dwelling units for a gross density of 2.8 dwelling units/acre. Staff finds that the overall density is within the range for a low to medium density project. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 7 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Off ce. 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. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a residential development. Staff finds that the existing residential properties to the north, south and east are compatible with the proposed development. The Parks Department has looked at redevelopment of the 25-acre mining pit to the west and south for a City Park. The main concerns of the Parks Department with this area being used for a park are the lack of access to the area because there are steep slopes, and the lack of visibility into the site. The Parks Department believes they can work around these constraints and use a large portion of the 25-acre area for a park in this section. The property that currently has storage facilities (northeast corner of Amity Road and Meridian Road) is designated for Mixed Use -Regional on the Future Land Use Map. Staff anticipates the existing mining pit and the storage areas to the west and south will redevelop in the near future. • 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. (Chapter VII, Goal IV, Objective C, Action 10) The subject applications include a request for the R-4 zone and propose only single family detached units. The applicant is offering a mix of lot sizes and house styles. Some alley- Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 8 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 loaded units as well as front-loaded garage units are proposed. Although the reguested zone does not provide much variety, the proposed Craftsman and Classic house styles do contribute to the variety of house styles in the area. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) See bullet above. Stafffznds that the housing types proposed are appropriate for a residential development in this location. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to provide stub streets to the unplatted parcels to the northwest (2), south (2), southeast (1) and northeast (1). Staff is supportive of the proposed stub streets. See Exhibit B below. • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant is providing a landscape buffer adjacent to the existing 1 and S acre parcels to the south. The applicant has proposed a development in which the single family lots in the development are adjacent to other single family lots. Staff recognizes that there are some existing low density residential land uses to the south and supports the proposed landscaping and lots adjacent to the existing residences. • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) All urban services can be made available to this site. • 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. (Chapter VII, Goal I, Objective D, Action 9) The applicant is not proposing to fence the entire perimeter of the site. If permanent fencing is not constructed prior to issuance of building permits, temporary construction fencing should be installed. See Analysis below for comments regarding the proposed fencing types. • Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Except for Wrightwood Drive, access to Locust Grove Road should be prohibited. Stafffinds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 9 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family dwellings as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-4 zone. The applicant is also requesting a modification to exceed the maximum block length of 1,000 feet. Other than these requested dimensional standard modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: 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 single-family residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on August 15, 2005 by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 maybe used for non-domestic purposes such as landscape imgation. 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. Special Considerations: Development Agreement: MCC 11-16-4 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 10 CTI'Y OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 21, 2006 is consistent with the comprehensive plan designation and does not negatively impact nearbyproperties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: The applicant anticipates constructing the subdivision in four phases. The phasing plan begins along Locust Grove Road and then north, south and finally west. Construction is anticipated to reflect market demand and construction needs. Staff believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 200' residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. Rumple Lane: In order to facilitate a future public street extension to this property from Meridian Road, staff recommends that the applicant quit using Rumple Lane as access to the public roadway system (Rumple may be used as an emergency access if approved by the Fire Department.) Any interest that the subject properties have in Rumple Lane should be surrendered upon annexation. Access to Arterials: Except for one public street access to Locust Grove Road, all other vehicular access to Locust Grove Road should be prohibited for this site Multi-use Pathwav: On the Comprehensive Plan Future Land Use Map, a multi- use pathway is depicted on this property. The applicant is proposing to construct the multi-use pathway on the south side of the Ridenbaugh Canal to the northwest property line. Staff is generally supportive of the location of the pathway. However, a portion of the pathway lies outside of the boundary of the area being annexed and subdivided. Therefore, in case the applicant is unable to come to an agreement with the owner where the pathway is proposed, staff recommends that a development agreement provision be that the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest property line. 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 Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 11 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 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 imgation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations. • That prior to the City Council's approval of the 200' residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. • That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. • That one public street access will be allowed to Locust Grove Road; direct lot access to Locust Grove Road shall be prohibited. • That the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest corner of the property. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 5-foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with an 8-foot wide landscape strip. In accordance with the recently passed ACRD planter width standards, the width of the planter strip should be constructed as proposed and include Class II trees. See Exhibit B below. Ditches, Laterals, and Canals: The Ridenbaugh Canal runs along the site's northern boundary. The Farr Lateral runs along the site's south boundary. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) 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 should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. See Exhibit B below. Pressure Irri atg 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 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 MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Reflecrion Ridge Subdivision - AZ-OS-045, PP-05-048, CUP-OS-046 PAGE 12 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 Fencine: The applicant is proposing to construct three types of fencing within the development: 5-foot tall tan vinyl fence, 4-foot tall tan vinyl fence, and a 4-foot tall black wrought iron fence. The applicant is not proposing to construct permanent fencing around the entire perimeter of the site. Perimeter fencing is proposed around the perimeter, except for adjacent to Parcel No. 51130212407 (northwest.) Due to safety concerns, staff recommends that fencing adjacent to: Lots 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micropaths be restricted to either a 4-foot tall solid fence or a 6-foot tall open-vision fence. Further, anopen-vision fence (or a 4-foot tall closed fence) should be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the fmal plat (MCC 12-4-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing ResidencesBuildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. See Exhibit B below. Multi-use Pathway: The applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 10-feet wide along the entire length of the property. Staff is supportive of the proposal to construct the multi-use pathway as depicted. However, staff has concerns with fencing and landscaping adjacent to the pathway. City Code 12-13-12-9 requires a 5-foot wide landscape buffer along the pathway. The submitted landscape plan depicts a fence directly adjacent to the south side of the pathway; no landscaping is proposed. Staff recommends that the applicant be required to construct a 5-foot wide landscape buffer along the south side of the multi-use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) See Fencing above and Exhibit B below. Micropaths: The applicant is proposing to construct several micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different subdivision blocks. All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Common Areas: Maintenance of all common areas shall be the responsibility of the Reflection Ridge Home Owners' Association. CUP Application: The submitted CUP substantially complies with the Zoning Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it generally conforms to Titles 11 and 12, Meridian City Code. Special Considerations: Requested Modifications: The applicant is requesting reductions to the standard Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 13 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY Z1, 2006 lot size, front building setback and street frontage requirements of the R-4 zone. The applicant is also requesting to exceed the maximum block length of 1,000 feet in 2 blocks (Block 8, and Block 18). Due to existing topography to the south, staff is supportive of the proposed block length in Block 18. Due to the lack of a stub street being provided to this site from the north in Sicily Subdivision, staff is supportive of the proposed block length modification in Block 8. See Exhibit B. One-hundred-three of the proposed 2551ots (40%) are below the 8,000 square- foot minimum lot size of the R-4 zone. One-hundred-fi$y-two (60%) of the proposed lots are at or exceed the minimum lot size of the R-4 zone. Nineteen of the alley-loaded lots in Block 4 are requested to have a 10-foot front setback to the liveable area (15 feet required by ordinance). Ninety-six of the 255 proposed buildable lots (38%) do not meet the minimum street frontage requirement of the R-4 zone (80-feet). Staff is supportive of the reauested modifications as they allow for diversity in lot and block size. See Exhibit B below. Amenities: The applicant proposes usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees, and other amenities. Staff is supportive of the proposed amenities. See Exhibit B below. Elevations: The applicant has submitted sample pictures of how the alley-loaded and classic houses will look. Staff is supportive of the buildings. Each house shall be constructed in substantial compliance with the pictures submitted with the CUP application. See Exhibit B below. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-OS- 045, PP-OS-048, and CUP-OS-046, with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5, 2006. At the public hearing the applicant should be prepared to give an update on anv change to the pathway's location that may be required by NMID. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 09/12/05, received by the City Clerk's Office on December 16, 2005) 2. CUP Site Plan (dated: 01/05/06) 3. Landscape Plan (dated: 08/15/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 14 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Reflection Ridge Subdivision - AZ-OS-045, PP-05-048, CUP-OS-046 PAGE 15 CTI'Y OF MERIDIAN PiG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 A. Drawings 1. Preliminary Plat (dated: 9-12-05, date Stamped by the City Clerk on December 16, 2005) g-'G 9 ~ ~~ eiC~a ~ 8E ~i~~~~@illli ;,` ,,r ,, ~~~. -. Exhibit A Page 1 ~~ s ~ K,! to ply ~"ryt~~y -€~~t~d ~ " ~ g~ ~ ~ ~~ * ~~ H ~ P ~Y~~~7~YA.1-fll lam ~~ IVIVIi~~ d7~ ~ F ~ L~~~ T~ Y ~ 1 ~~ CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 f - _ ~t~ ~~~~ ~ ~ I ~ ~ ~ ~ {i ~~~ ~ 1V$NSU4fUF3P1$ 3fl®13~ {d~'I.l.:D3lj~1 }~~~ ~ ~ '~~' I ~~9:i';l D' ea a ~~ r ~~ Exhibit A Page 2 CTI'Y OF MERIDIAN PLAI~IVG DEPARTMENT STAFF REPORT FOR THE HEAi1~DATE OF FEBRUARY 21, 2006 °W~i'~l1NH ~ ~~ ~ 3'~Cc$ e~elllulli9+~~d ~ ~ ~g ~ ~ ~ ~ ' R. ~in ~ - ~ iofi c ~ d;-+ q"~ p ~ ~ ~ ~ ~ d~ ~.~~ ~x ~ ~tl~ ~ ~ ~~ ~~ a ~ ~~ ~~i ~ ~. . ~~~ :_ .-® -~4. ~.-~ Exhibit A Page 3 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 - - ~~ W ~eld,t~~ugw~~~ ~ ,~I~ s s= g a ~e ~I ~~~~ U ~~ ~~O O RI y~~~ ~ s~ v ~~ ~ Exhibit A Page 4 CITY OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 21, 2006 2. CUP Site Plan (dated: 1-5-06) Y e ~ ; ad Yk ~ s~ _ epi~~._ro~.al1 ,~~g~~mv ~1.,A~~ Vr'IVY~ 6Y YI~a~Y9 ._ r~~i~~n-®ens « , ~~ , ~ ~~~~ I k ~ ~ ~ ~ ~s an~ 4 b u~ ~ - ~ {~ }y_ rh ~'~ II ? 5 ~ ~ k` ~ ~ c s • q ay e ~~ ~ r +.~~~, ~~%~.? { ~ ~ Y ~,1~ gI {1 gg $ ~ t ~H ~~ p9Q ~ ~ f~ N l 6 ~~ ~~ i ~~~ t py ~a~Q ;~ t ` '` t ~rc rr'~'~~ r ~x ~ ... v . r ~7 to r~,. ~'tk 4L t PLC ~ ~ /. a= m r a :~" ` tic..i _ s s $~~g~~l COa~ ~~g~~ ~ "~ ~ ~ E 'm ~ ' ~ q "~'~ ~ Go ~ g c ~ gSn~~ k~ ~ ,^-0 '' ' ~ r / o ~ ~ ~ ~Q/ A ~ yg ~ ~W ~ ®G ~' s ':;~ t < ~ O fE rf +L ~ U ~ ~ ~ ~~ ' ~ i ~ ~ gq y I ~ . & ~ h b ~ K_ ~. pf ~~~ b,. ' 43° 1~ ~ q. ~~'/ ¢ I ~ ~ ¢' >;' ~ t '` r ~ o~ i ~i` ' a;~ ~ j . R m~ ~~ ~. ~. ~ r 5 ~ ~ ~ w t F ~ i ~ r~ . ~ ' ~ 1 , t~ a; ' fr~ Exhibit A Page 5 CTI'Y OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 3. Landscape Plan (dated: 8-15-OS) :3 ~ N®lS11~IO f~S3 ®R! ~I1D31~~ (~ ~ ~~a~~(Ar t ~le ~ fl~~ ~ildb~ ~~- 1~ ~p~~ .gn pC r~ 8 e` k~ ~~D',~` '+ ~ ~~ ~' O~, Y~ ioi ot~~ !~ li 0000 Y ~ ~~~ ~J ~}.... ~~ • Exhibit A Page 6 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 `~ ~~~ i ~ ~. ~- . ~. Exhibit A Page S :~ 1+1, I Q4$BI'~R1~En8 cis m= f~ ~ d a~ac~~ic~e~s ~ ~~ N®11~3~3~# ~~8 j ~~ ;~ 3 ~ ~ ~ -- ~ I. , ~ a CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit A Page 9 CTI'Y OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 l 8~ii! fuEUsudlelei ~ NQ1SUEtt7H-~S ~~Q1:1 htQ~~31~3~' ~ ~~ ~ F! i6 ~ o ~ ! a .. ~. Exhibit A Page 10 ~ I ~ I 1 ~ I e,~~----------------~~------~-------------_~ CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 Exhibit A Page 11 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit A Page 12 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA)~DATE OF FEBRUARY 21, 2006 P a ~®1S{ltlQ~9'lIS ~~~~~ nr~i~.a~-t~a e ~`~ I '~ ! ~1 ~ : ~a 1 ~ 1 1 D i I I s f~ Exhibit A Page 13 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-048) 1.1.1 The preliminary plat labeled as PP-1, PP-2, PP-3, and PP-4, prepared by The Land Group, Inc., dated September 12, 2005, and date stamped by the City Clerk on December 16 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-045) and Conditional Use Permit (CUP-OS-046) application shall also be considered conditions of the Preliminary Plat (PP-OS-048). 1.1.2 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached sidewalks shall be a minimum of 8-feet wide and include Class II trees. 1.1.3 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation 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. 1.1.4 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.5 Construct perimeter fencing around the perimeter of the site, as proposed on the submitted landscape plan (fencing adjacent to Parcel No. 51130212407 (northwest) is not required.) Any fencing adjacent to common Lot 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micropaths shall be restricted to either a maximum 4- foot tall solid fence or a maximum 6-foot tall open-vision fence. Further, anopen-vision fence (or a maximum 4-foot tall closed fence) shall be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided around the entire perimeter prior to issuance of a building permit, temporary construction fencing to contain debris must be installed. All fencing should be installed in accordance with City Code. 1.1.6 Prior to signature of the final plat by the City Engineer, all buildings that span across. proposed lot lines and/or do not meet the setback requirements of the zone and/or are not principally permitted buildings shall be removed. 1.1.7 Construct a 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID), if the pathway is located within NMID's easement. The easement for the Ridenbaugh Canal and pathway shall not be included within the area of any adjacent buildable lot. The applicant shall Exhibit B Page 1 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 conform to the Parks Department's standards for construction of the pathway. In accordance with MCC 12-13-12-9, a 5-foot wide landscape buffer shall be constructed on the south side of the pathway. Construct fencing, in accordance with Condition 1.1.5 above, on the south side of the multi-use pathway. All landscaping adjacent to the pathway must be maintained by the Home Owners' Association. 1.1.8 All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3.) 1.1.9 The proposed alleys in Block 4 shall be private streets to be constructed to ACHD's public street standards, contain a minimum driving surface of at least 24 feet, have 28-foot (inside) and 48-foot (outside) turning radii where the alleys intersect the public streets, and be located in common lots. Addressing for the lots adjacent to the private streets with no public street frontage shall be from the private street. Street signs shall be installed by the applicant on the private streets with street name approval by the Street Naming Committee. 1.1.10 Maintenance of all common areas, including the private streets (alleys), shall be the responsibility of the Reflection Ridge Homeowners' Association. 1.1.11 Other than the public street access approved by ACRD, direct lot access to Locust Grove Road is prohibited. 1.1.12 The submitted eight-page landscape plan prepared by The Land Group, Inc., dated 8-15-OS is approved as submitted, with the following modifications: • Construct a 25-foot wide landscape buffer along Locust Grove Road, as proposed. In accordance with MCC 12-13-10, install at least one tree within said buffer for every 35 feet of frontage on the Locust Grove Road right-of--way. • 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. • All micropaths within the proposed subdivision shall be designed in accordance with MCC 12- 13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." • Construct a 5-foot wide landscape buffer on the south side of the multi-use pathway. Materials in said buffer shall be consistent with MCC 12-13-12-9. • 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, 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. • Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewallcs. Where the applicant has submitted a preliminary landscape plan and where Council has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Council. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application. Exhibit B Page Z CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 1.2 GENERAL REQUIlZEMENTS-PRELIMINARY PLAT (PP-OS-048) 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 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. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Council'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. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-OS-046) 1.3.1 The site plan prepared by The Land Group, Inc., dated January 5, 2006, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ-OS-045) and Preliminary Plat (PP-OS-048) as a condition of the Conditional Use Permit (CUP-OS-046). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: • Lot Size - 6,250 sq. ft.(minimum) • Lot Frontage - 47 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul-de-sac or curve) • Residential Building Setbacks -The following lots may have a 10-foot front setback: Lots 2-5, 7-11, 13-17, and 19-22, Block 4. 1.3.3 Blocks 8 and 18 may exceed the maximum block length of 1,000 feet. 1.3.4 As amenities for the subject planned development, construct: a 10-foot wide asphalt pathway from Locust Grove Road to the west property line; set aside usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, and a landscaped entrance boulevard corridor with street trees. 1.3.5 Construction within Reflection Ridge Subdivision shall substantially comply with the pictures/elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 2 Meridian Public Works Department 2.1 Site Specific Conditions and Comments 2.1.1 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 9-4-8. Wells may be used for non- Exhibit B Page 3 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 21, 2006 domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.1.2 Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.3 The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.1.4 Water service to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.5 Due to elevation changes on this site, a new pressure zone is being planned for this area. The new zone would split this property at a 45 degree angle approximately 600 feet southwest of the Ridenbaugh Canal. The northeastern portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone are established. The first source would be from a well lot which the developer would donate to the City of Meridian, the second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with Len Grady at the Public Works Department regarding this condition and he may waive the requirement for one of the two sources. 2.1.6 The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to create the new pressure boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location and number with Len Grady at the Public Works Department. 2.1.7 Please submit updated groundwater data for review by the Public Works Department. 2.1.8 The proposed landscape bulb in W. Wrightwood Drive near the intersection at Locust Grove Road needs to be labeled with a lot and block number, with maintenance and ownership called out in the plat notes. 2.1.9 Revise note 3 to read, "Each side of common side lot lines ....." 2.1.10 Revise note 4 to dedicate a 10-foot public utilities, drainage and irrigation easement along rear lot lines. Exhibit B Page 4 CITY OF MERIDIAN PLA1v~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 2.1.11 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans and be reviewed and approved at that time. The Master Grading and Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following: a. Finish grade elevation at each lot corner. b. Drainage flow patterns on all lots. c. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.1.12 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated that Nampa and Meridian Irrigation District is going to own and operate the pressurized irrigation system in this development. Evidence of a license agreement shall be provided prior to scheduling of apre-construction meeting, with a signed license agreement prior to signature on the final plat. 2.1.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the 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 fmal plat. 2.1.14 No large landscaping shall be allowed within 5 feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.1.15 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.16 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 fmal plat. 2.1.17 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. 2.1.18 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. 2.1.19 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. 2.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.1.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Exhibit B Page 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAIZ~DATE OF FEBRUARY 21, 2006 2.1.22 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.23 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. 2.1.24 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. 3. Meridian 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' 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 Depamnent. 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. h. Fire hydrants shall be provided to meet the requirements of the IFC 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 an approved turn around. 3.5 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 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. 3.8 To increase emergency access to the site a minimum of two points of access will be required for any_UOrtion 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. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 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. Exhibit B Page 6 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 3.11 The proposed 255-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 740 residents at build out. 3.1 Z The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The homes with only frontage on the private streets (alleys) shall be addressed from the adjacent private street (alley). 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.15 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). 3.16 This project will be required to provide a 20' wide swing or rolling emergency access gate at the western emergency access point. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.17 Private Streets (alleys) that serve mews shall be constructed at least 24-feet wide. 3.18 Pool chemicals shall be stored in compliance with the International Fire Code. 4. Meridian Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public area between Lots 24 and 25, Block 6. Prior to the next public hearing, the applicant shall submit a revised plat/plan that increases visibility by incorporating Lot 25 into Lot 15. 4.2 The proposed plat and/or site design 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 Reflection Ridge Drive, Luminous Way, and Radiant Ridge Drive. 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. Meridian Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. Exhibit B Page 7 CTI'Y OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 5.3 The Parks Department is supportive of a future City Park just south of the subject site. However, there appears to be an access issue with the future location. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construct the main entrance to the subdivision (West Wrightwood Drive) to directly align (centerline to centerline) with the roadway to Bellingham Subdivision. 7.2 Construct the internal streets as 36-foot street sections with vertical curb, gutter and a 5-foot concrete sidewalk that is detached from the curb with an 8-foot wide landscape planter within 62- feet ofright-of--way, as proposed. 7.3 Construct two 24-foot wide private alleys that connect West Wrightwood Drive and Luminous Way OR Construct two 16 to 20-foot wide public alleys that connect West Wrightwood Drive and Luminous Way. An access to an alley shall be located a minimum of 25-feet from the nearest public street. 7.4 Construct a stub street (Northern Lights Avenue) to the south property line approximately 1,380- feet east of the west property line, as proposed. Construct a temporary turnaround at the terminus of the roadway. Pipe the Farr Lateral in order to stub to the south property line. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.5 Construct a stub street to the south property line approximately 1,750-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.6 Construct a stub street to the west property line approximately 645-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.7 Construct a stub street to the north property line approximately 1,100-feet west of the east property line, as proposed. Provide the District with the cost of half of the bridge necessary to cross the Ridenbaugh Canal. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.8 Construct a stub street to the north property line approximately 92-feet east of the west property line. Construct a temporary turnaround at the terminus of the roadway. *** The applicant may need to shift this roadway slightly to successfully locate the roadway in a location that will extend Rumple Lane into the site via Caven's property. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." Exhibit B Page 8 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 7.9 Construct a stub street to the south property line approximately 510-feet west of Locust Grove Road to serve the 4.88-acre site located directly to the south of this site, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.10 Construct a roundabout at the intersection of Reflection Ridge Drive and West Wrightwood Drive as well as Reflection Ridge Drive and Northern Lights Avenue, as proposed. Design the roundabout with 21-foot street sections on either side of the center island with splitter islands. Dedicate sufficient right-of--way on either side of an island. Place a note on the final plat requiring Lot 1 Block 4 to access the adjacent alley, Lot 1 Block 12 to access Reflection Ridge Drive, Lot 10 Block 17 to access Northern Lights Avenue, Lots 15 Block 19 to access Reflection Ridge Drive and Lot 2 Block 21 to access Reflection Ridge Drive. Coordinate the size and design of the roundabout with traffic services Council. 7.11 Construct four cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.12 Construct two knuckles without center islands within the subdivision, as proposed. 7.13 Construct a center island within West Wrightwood Drive. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet while maintaining a minimum of a 21-foot street section on either side of the island. 7.14 Construct bulb-outs at: • The Luminous Way and Reflection Ridge Drive intersection • The Luminous Way and Shimmering Street intersection • The Twilight Ridge Drive and Memory Ridge Way intersection, as proposed. Reconfigure the bulb-outs that are proposed at the intersections of Solemn Lights Drive and Shimmering Street and Reflection Ridge Drive and Memory Ridge Way to allow for driveways to be constructed to all of the surrounding residential lots. 7.15 Construct a left hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.16 Construct a right hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.17 Other than the public roadway that has been approved with this application (West Wrightwood Drive), direct lot access to Locust Grove Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.18 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. Exhibit B Page 9 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 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 Council 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 theright-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the 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 Nampa Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. Exhibit B Page 10 CTI'Y OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 8.2 All laterals and waste ways must be protected. The District's Ridenbaugh Canal courses along the North boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 8.3 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa Meridian Irrigation District must review drainage plans. 8.4 The developer must comply with Idaho Code 31-3805. 8.5 It is recommended that irrigation water be made available to all developments within the Nampa Meridian Irrigation 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. 9.4 It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B Page 11 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 C. Legal Description ~C a/~~' ~~tr~~~ ~~~~ Exhibit C Page 1 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Y~1E6~'1 HtI~NI $7°'~~42" ~I3~, ~ d C~ 271.78 ~ Ilf6~ ifT ~; Exhibit C Page 2 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 21, 2006 Exhibit C Page 3 CTI'Y OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAI~DAT'E OF FEBRUARY 21, 2006 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 shall find adequate evidence answering the following questions about the proposed zoning amendment: A. Will 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 VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. Council fords that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the 50 acres adjacent to Locust Grove Road to be "Low Density Residential," and "Medium Density Residential" to the west. Some of the larger lots in the development are within the area designated for low density residential. The applicant has submitted detailed calculations for the low and medium density designated areas. Council finds that the low density area contains less than 3 dwelling units per acre, and that the medium density area contains just under 3 dwelling units per acre (2.8 d.u/acre gross.) The overall gross density of the project is 2.8 dwelling units per acre. Council finds that the density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium density areas. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Council Report for detailed analysis of specific comprehensive plan action items that apply to this development.) B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and a conditional use permit for a planned development that proposes single-family dwelling lots on the subject site (PP-OS-048 & CUP-OS-046). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; Council finds that single-family homes are allowed (permitted) within the requested R-4 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved.) D. 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 fashion similar to the proposed rezone area; There have been no recent street improvements in the area. None of the nearby roadways: Locust Grove Road, Amity Road, or Victory Road, are within ACHD's Five Year Work Program or CIP (20-year plan) for road widening. Sicily Subdivision, Chatsworth Subdivision and Roseleaf Subdivision to the north have been approved for development similar to what is being proposed. Bellingham Park Subdivision and Tuscany Subdivision Exhibit D Page 4 CITY OF MERIDIAN PIG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 to the east have also been approved for single-family developments. The subject property is generally surrounded by rural residential acreages. Council does not fmd that there has been a change in the area that dictates that this property should be rezoned. However, this is the logical expansion of the City limits. The Council relies on Council's analysis, public testimony received and any comments 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 existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted photos/elevations for the proposed dwelling units. If constructed similarly to the units in the photos, Council believes that the design of the dwelling units will be compatible with the adjoining uses. Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not fmd that the proposed zoning/uses 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 Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, 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 all City Code 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; or will the person responsible for the establishment of the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Urban services, such as water and sewer, are near to this site and the applicant should be able to extend such services to the site. Council fords 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. The ACRD has included several conditions of approval for the subject development. Council fords that the existing and proposed street system will be able to handle the proposed development if the applicant complies with all of ACHD's conditions. All of ACHD's conditions are included in Exhibit B of the Staff Report. On September 30, 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/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development right away. The Commission and Exhibit D Page 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 21, 2006 Council should reference any written and/or verbal 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 for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be fmancing 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. Council fords 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. Will the proposed uses 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; 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. Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, Council does not believe that the amount generated will be detrimental to the general welfare of the public. Council does not 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 property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street access to connect with the existing public street system. If is designed and constructed as required by the ACHD and the City, Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Ridenbaugh Canal bisects this property. Council considers the Ridenbaugh a scenic feature. Council recommends that this feature be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Council references any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. L. Is the proposed zoning amendment in the best interest of the city. In accoYdance with the findines listed above. Council finds that the annexation and zoning of this pro erty. as proposed by the applicant. would be in the best interest o the Citv (see Analysis section in the Sta,~eport). 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the Exhibit D Page 6 CTI'Y OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 objectives of this Title and at least the following: 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 program; 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 fmancial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. 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 other features as may be required by this title; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size, front setback and maximum block length requirements of the R-4 zone. Council fords that the subject property is large enough to accommodate the requested use and all other required ordinance features. 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 and in accordance with the requirements of this Ordinance; Council finds that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan 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 planned development). 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; Exhibit D Page 7 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 Council fmds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and 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 Annexation Findings G and H, the conditions in Exhibit B, and any comments that maybe 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 Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACRD regarding this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. Exhibit D Page 8 February 17, 2006 CUP 05-046 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT M 8~ H Development, LLC ITEM NO. 19 REQUEST Public Hearing -Request for a Conditional Use Permit for a PD for 255 single family residential dwelling units with reductions to minimum lot sizes, frontage and setbacks. Also a waiver of standard block lentgh for Reflection Ridge Subdivision 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: See attached P8Z Item Packet /Minutes See attached Recommendations /Findings See aHached Comments COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Merid[an. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • kECEIVEI7 EEC 1 ~ 200 Cif;, ~fi ~VYy~eridia~. t'om' r,s ~~~~~ ~ ~C I~ ~<.~. rti~ ~~' ,~, In the Matter of Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential) AND Preliminary Plat approval request for 255 residential building lots and 29 common/other lots AND Conditional Use Permit for a Planned Development consisting of 255 single-family home sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length in the proposed R-4 zone, by M & H Development, LLC and ADW, LLC. Case No(s).: AZ-OS-045, PP-05-048 and CUP-05-046 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 1 of 4 • • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 September 12, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 5, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 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 maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 2 of 4 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) 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 future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 3 of 4 i 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 21, 2006 By action of the City Council at its regular meeting held on the ~l ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_ %~.~1.~ COUNCIL MEMBER CHARLIE ROUNTREE ( VOTED_ I~~~~ COUNCIL MEMBER KEITH BIltD VOTED__~~~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ®~ MA ~C~R r~n~®EERD ATTEST: `~° ~~ ~8~~ ®~°> r _ ~ ~, ~,~~~~~ ILLIAM G. BERG JR., CLARK ~ ~~ ,~ ° o ~~ d Copy served upon: ~ Applicant d/+~''' ~ ~ ~°s~ ~~°° d~dddlll[{9{61`Q4 / Planning Department ~ Public Works Department City Attorney B Dated:_ ~'a~ -(~ (~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-045 / PP-OS-048 /CUP-OS-046 -PAGE 4 of 4 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBR ' 00 STAFF REPORT Hearing Date: 2/21/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager 208-884-5533 SUBJECT: Reflection Ridge Subdivision ~ 6'GY 9~ 5 41 ~' ~". I - o:~ I~~~~ Meridian itir~ ~Cle~k Office ,~ ~ ~~ ~~~ ~r~.~sa-a¢~ ,~` AZ-OS-045 Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential). PP-OS-048 Preliminary Plat request for 255 building lots and 26 common/other lots. CUP-OS-046 Conditional Use Permit for a planned development consisting of 255 single- family home sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length in the proposed R-4 zone. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, M & H Development, LLC and ADW, LLC, have applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 255 building lots and 26 common/other lots on 91.1 acres. The site is located on the west side of Locust Grove Road, approximately I/a of a mile north of Amity Road. This site is currently rural residential and is currently improved with three single-family residential buildings and several accessory buildings. The site has not been previously platted. 2. SiJ1VIMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on October 20, 2005, November 17, 2005 and January 5, 2006. At the January 5`~ public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: David Koga (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. Ridenbaugh Canal ownership and constructing amulti-use pathway near the Canal. ii. Street layout and traffic calming mechanisms. iii. Emergency/secondary access from Meridian Road via the existing private lane/future collector roadway. c. Key Commission Changes to Staff Recommendation: i. Amended Site Specific Condition 1.1.1 in Exhibit B of the Staff Report to reference the revised plan/plat date. d. Outstanding Issue(s) for City Council: i. Staff recommends that the applicant, at the public hearing, provide an update on the status of acquiring a portion of the Ridenbau Canal property from NMID to Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 1 CITY OF MERIDIAN PLA~tG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 construct the multi-use pathwaygive an update on an~ge to the proposed multi-use pathway's location that may be required by NMID. The subject property is within the Urban Service Planning Area. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and the Planning & Zoning Commission recommended conditions of approval for the requested annexation and zoning, preliminary plat, and conditional use permit applications. The recommendation and conditions of approval listed within the subject Staff Report are based on the revised drawings for Reflection Ridge. NOTE: These applications were originally submitted prior to the City adopting the Unified Development Code (iTDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- OS-045, PP-OS-048 and CUP-OS-046 as presented in Staff Report for the hearing date of February 21, 2006 and the Revised Preliminary Plat dated September 12, 2005, and the Site Plan dated January 5, 2006 with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-OS- 045 and CUP-OS-046 for the following reasons: (you should state specific reasons for denial of the Annexation and CUP; you must state specific reason(s) for denial of the Preliminary Plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-045, PP-OS-048 and CUP-OS-046 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: 4275 S. Locust Grove Road /west of Locust Grove Road, approximately % of a mile north of Amity Road, within 3N1 E30. b. Owners: A & B Rumple Family Trust 3777 Sugar Creek Drive Meridian, Idaho 83642 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 Thomas & Diane McCrorey Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 2 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 850 E. Rumple Lane Meridian, Idaho 83642 Marlene Wiley 1515 Sherman Street Boise, Idaho 83702 c. Applicants: M & H Development, LLC 82 E. State Street, Ste. B Eagle, Idaho 83616 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 d. Representative: David Koga, The Land Group e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Forty acres of the site are designated for Medium Density Residential use on the Comprehensive Plan Future Land Use Map, and 50 acres of the site are designated for Low Density Residential use on the Map. Amulti-use pathway is also shown adjacent to the Ridenbaugh Canal on the Map. g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 91.1 acres to R-4, Preliminary Plat approval of 255 buildable lots, and Conditional Use Permit approval for a planned development with reductions to the minimum lot size, minimum lot street frontage and maximum block length. The applicant is proposing a mix of single-family, alley loaded lots (181ots) and detached single-family lots (2371ots). One-hundred-fifty-two of the lots are 8,000 square-feet or greater in size, and 103 of the lots are below 8,000 square feet. The average lot size in the proposed development is 8,785 square feet. A gross density of 2.8 dwelling units per acre is proposed. Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees are some of the amenities proposed by the applicant. 1. Date of preliminary plat (attached in Exhibit Al): 09/12/05 2. Date of CUP site plan (attached in Exhibit A2): 01/05/06 3. Date of landscape plan (attached in Exhibit A3): 08/15/05 h. Applicant's Statement/Justification (please see applicant's submittal material): The proposed low density, R-4 zoning is compatible and harmonious with the surrounding area and complies with the Comprehensive Plan. Medium density residential development exists and/or is planned to the north, the east across S. Locust Grove Road and a portion of the south-west property line. The City's Comprehensive Plan Future Land Use designates the land to the west Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 3 CITY OF MERIDIAN PLA~TG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 as Regional Mixed Use. This development will serve to tie those areas together and transition from different intensity uses through its use as a high quality traditional neighborhood with low density. 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a planned development as determined 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: October 3rd and October 17~`, 2005 (for Planning & Zoning Commission hearing) and January 30~` and February 13~`, 2006 (for City Council hearing). f. Radius notices mailed to properties within 300 feet on: September 23~', 2005 (for Planning & Zoning Commission hearing) and January 27~', 2006 (for City Council hearing). g. Applicant posted notice on site by: October 10~', 2005 (for Planning & Zoning Commission hearing) and February 11~`, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Rural residential b. Description of Character of Surrounding Area: Rural residential, transitioning to urban residential with the recent approvals of Bellingham Park Subdivision, Sicily Subdivision, Roseleaf Subdivision, Chatsworth Subdivision, and the Tuscany Subdivisions. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County); Approved Sicily Subdivision, zoned R-8 2. East: Rural Residential, zoned RUT (Ada County); Approved Bellingham Park Subdivision, zoned R-8 3. South: Rural Residential, East Slope Subdivision, zoned RUT (Ada County) 4. West: Gravel Pit and Indoor Storage Facility, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is located in Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Reflecrion Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 4 CITY OF MERIDIAN PLA~IG DEPARTMENT STAFF REPORT FOR THE HEAF~DATE OF FEBRUARY 21, 2006 Location of water: Water is located in Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Issues or concerns: The topographic nature of this site leads to a couple of concerns for the Public Works Department. The first being that it leads to the necessity of a new pressure zone for the City of Meridian. Secondly, that lot drainage becomes a concern. 2. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Ridenbaugh Canal traverses along the north boundary of the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards: The Ridenbaugh Canal runs along the north side of this site. The Ridenbaugh Canal is deep and wide and could be hazardous to children. 6. Proposed Zoning: R-4 7. Size of Property: 91 acres 8. Description of Use: Single-Family f. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 255 0 255 4. Common Lots: 27 5. Other Lots: 2 (private street lots) 6. Total Lots: 284 7. Residential Area: 91 acres 8. Gross Density: 2.8 units per acre g. Landscaping: 1. Width of street buffer(s): Per MCC 12-13-10-4 a 20-foot wide street buffer is required along Locust Grove Road, a collector roadway. The landscape plan, site plan and preliminary plat all depict a 25-foot wide street buffer adjacent to Locust Grove Road. No other street buffers are required by ordinance. 2. Width of buffer(s) between land uses: No land use buffers apply to the proposed development. 3. Percentage of site as open space: Exclusive of the landscape buffer, the applicant is proposing to set aside 16 acres (17%) of the site for common open space. 4. Other landscaping standards: The landscape buffer along Locust Grove Road Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 5 CITY OF MERIDIAN PLANI~r DEPARTMENT STAFF REPORT FOR THE HEARIl~ATE OF FEBRUARY 21, 2006 should be constructed in accordance with MCC 12-13-10. 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: None 2. Proposed building height: The R-4 zone allows a 35-foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 17.7 % (16.1 acres) 5. Percentage of site devoted to paving: Approximately 23 acres of the site will be improved as public roadways and private alleyways (private streets). 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: 255 i. Amenities: Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees are some of the amenities proposed by the applicant. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area 10 (for alley-loaded lots) 15 15 otherwise 15 Side Accessed Garage (to street) 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 47 80 Lot Size 6,250 8,000 k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street access to Locust Grove Road. The applicant is proposing two stub streets to the large parcel to the northwest (Caven), one stub street to the 25 acre parcel to the southwest, one stub to the 121 acre parcel to the south, one stub street to the 23 acre parcel to the northeast (across the Ridenbaugh), and as staff requested, one stub street to the 5 acre parcel to the southeast. The City did not require a stub street to the subject site from Sicily Subdivision to the north, and the applicant is requesting to exceed the maximum block length because there is no outlet for the northern most street (Luminous Way). Except for at the entrance, which contains a planter, all internal streets are proposed 36-feet wide (measured back of curb to back of curb) and have detached 5-foot wide sidewalks. All streets will be public and will be constructed, Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 6 CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 along with curb, gutter and sidewalks, to the Ada County Highway District's standards. Staff supports the proposed stub streets. Staff is supportive of the proposed street system. The applicant will also be constructing two 24-foot wide alleys in Block 4. Homes adjacent to these alleys will take access to the garage via the alley. Some of the alley-loaded lots do not have frontage on a public street. Therefore, the alleys will need street signs and addresses for those homes without street frontage will be provided from the alley. For this reason, staff recommends that the proposed alleys be constructed as private streets (except for the sidewalks) as set forth in the UDC 11-3F-4 and have turning radii at the public street of 28- feet (inside) and 48-feet (outside.) There is an existing private lane, Rumple Lane, that runs from Meridian Road to the northwest corner of the site. Rumple Lane intersects Meridian Road at the %Z mile. The applicant is proposing a public stub street, Reflection Ridge Place, in the generally vicinity of Rumple Lane. It is anticipated that Reflection Ridge Place will be extended to the west to connect with Meridian Road when the property to the northwest (Caven) re-develops. To ensure that Rumple Lane does not exist in perpetuity, but is instead developed as part of a public road, the applicant should be required to vacate any interest in Rumple Lane. See Analysis below. The ACRD is requiring traffic calming devices at the intersection of Reflection Ride Drive and West Wri~,htwood Drive as well as at Reflection Ridge Drive and Northern Li~2hts Avenue. The ACHD is also restricting drivewav locations near the roundabouts. Bulb-outs, for traffic calming are also being required at the Luminous Wav and Reflection Ridge Drive intersection, at the Luminous Way and Shimmering Street intersection, and at the Twilight Ridge and Memor~ge Wav intersection. Left and right hand turn lanes are being reauired along Locust Grove Road. Widening of Locust Grove Road abutting the site; and construction of sidewalk along Locust Grove Road are also conditions of ACHD. For a detailed report on the public streets and access points to public streets, please see the ACHD report, the Analysis section of this report, and Exhibit B. 7. COMMENTS MEETING On September 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: 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 Approximately 40 of the 91 acres are designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre. The remaining 50 acres adjacent to Locust Grove Road are 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. The applicant has submitted individual calculations for the low density and medium density areas. The 50.5 acres designated for low density residential contains 143 dwelling units for a gross density of 2.8 dwelling units/acre. The 40 acres designated for medium density residential contains 112 dwelling units for a gross density of 2.8 dwelling units/acre. Staff finds that the overall density is within the range for a low to medium density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 7 CITY OF MERIDIAN PLAl~i DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (NIPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). 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. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a residential development. Staffjinds that the existing residential properties to the north, south and east are compatible with the proposed development. The Parks Department has looked at redevelopment of the 25-acre mining pit to the west and south for a City Park. The main concerns of the Parks Department with this area being used for a park are the lack of access to the area because there are steep slopes, and the lack of visibility into the site. The Parks Department believes they can work around these constraints and use a large portion of the 25-acre area for a park in this section. The property that currently has storage facilities (northeast corner of Amity Road and Meridian Road) is designated for Mixed Use -Regional on the Future Land Use Map. Staff anticipates the existing mining pit and the storage areas to the west and south will redevelop in the near future. • 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. (Chapter VII, Goal IV, Objective C, Action 10) The subject applications include a request for the R-4 zone and propose only single family detached units. The applicant is offering a mix of lot sizes and house styles. Some alley- Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 8 CITY OF MERIDIAN PLA~iG DEPARTMENT STAFF REPORT FOR THE HEAk~~7ATE OF FEBRUARY 21, 2006 loaded units as well as front-loaded garage units are proposed. Although the requested zone does not provide much variety, the proposed Craftsman and Classic house styles do contribute to the variety of house styles in the area. Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) See bullet above. Staff finds that the housing types proposed are appropriate for a residential development in this location. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to provide stub streets to the unplatted parcels to the northwest (2), south (2), southeast (1) and northeast (1). Staff is supportive of the proposed stub streets. See Exhibit B below. • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant is providing a landscape buffer adjacent to the existing 1 and S acre parcels to the south. The applicant has proposed a development in which the single family lots in the development are adjacent to other single family lots. Staff recognizes that there are some existing low density residential land uses to the south and supports the proposed landscaping and lots adjacent to the existing residences. • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) All urban services can be made available to this site. • 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. (Chapter VII, Goal I, Objective D, Action 9) The applicant is not proposing to fence the entire perimeter of the site. If permanent fencing is not constructed prior to issuance of building permits, temporary construction fencing should be installed. See Analysis below for comments regarding the proposed fencing types. • Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Except for Wrightwood Drive, access to Locust Grove Road should be prohibited. Staff finds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 9 CITY OF MERIDIAN PLA1V~i DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family dwellings as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those azeas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-4 zone. The applicant is also requesting a modification to exceed the maximum block length of 1,000 feet. Other than these requested dimensional standazd modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: 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 single-family residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on August 15, 2005 by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 aze available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 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. Special Considerations: Development Agreement: MCC 11-16-4 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that Reflecrion Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 10 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARNATE OF FEBRUARY 21, 2006 is consistent with the comprehensive plan designation and does not negatively impact nearbypro erties. Staff believes that the Development Agreement should include the following provisions: Phasin Plan: The applicant anticipates constructing the subdivision in four phases. The phasing plan begins along Locust Grove Road and then north,, south and finally west. Construction is anticipated to reflect market demand and construction needs. Staff believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 200`" residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. Rumple Lane: In order to facilitate a future public street extension to this property from Meridian Road, staff recommends that the applicant quit using Rumple Lane as access to the public roadway system (Rumple may be used as an emergency access if approved by the Fire Department.) Any interest that the subject properties have in Rumple Lane should be surrendered upon annexation. Access to Arterials: Except for one public street access to Locust Grove Road, all other vehicular access to Locust Grove Road should be prohibited for this site Multi-use Pathway: On the Comprehensive Plan Future Land Use Map, a multi- use pathway is depicted on this property. The applicant is proposing to construct the multi-use pathway on the south side of the Ridenbaugh Canal to the northwest property line. Staff is generally supportive of the location of the pathway. However, a portion of the pathway lies outside of the boundary of the area being annexed and subdivided. Therefore, in case the applicant is unable to come to an agreement with the owner where the pathway is proposed, staff recommends that a development agreement provision be that the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest property line. 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 Narv, 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 Reflecrion Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 11 CITY OF MERIDIAN PLAI~i DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 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 imgation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations. • That prior to the City Council's approval of the 200' residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. • That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. • That one public street access will be allowed to Locust Grove Road; direct lot access to Locust Grove Road shall be prohibited. • That the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest corner of the property. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 5-foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with an 8-foot wide landscape strip. In accordance with the recently passed ACRD planter width standards, the width of the planter strip should be constructed as proposed and include Class II trees. See Exhibit B below. Ditches. Laterals, and Canals: The Ridenbaugh Canal runs along the site's northern boundary. The Farr Lateral runs along the site's south boundary. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) 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 should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. See Exhibit B below. Pressure Irri atg 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 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 MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 12 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 Fencine: The applicant is proposing to construct three types of fencing within the development: 5-foot tall tan vinyl fence, 4-foot tall tan vinyl fence, and a 4-foot tall black wrought iron fence. The applicant is not proposing to construct permanent fencing around the entire perimeter of the site. Perimeter fencing is proposed around the perimeter, except for adjacent to Parcel No. 51130212407 (northwest.) Due to safety concerns, staff recommends that fencing adjacent to: Lots 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micropaths be restricted to either a 4-foot tall solid fence or a 6-foot tall open-vision fence. Further, anopen-vision fence (or a 4-foot tall closed fence) should be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. See Exhibit B below. Multi-use Pathwav: The applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 10-feet wide along the entire length of the property. Staff is supportive of the proposal to construct the multi-use pathway as depicted. However, staff has concerns with fencing and landscaping adjacent to the pathway. City Code 12-13-12-9 requires a 5-foot wide landscape buffer along the pathway. The submitted landscape plan depicts a fence directly adjacent to the south side of the pathway; no landscaping is proposed. Staff recommends that the applicant be required to construct a 5-foot wide landscape buffer along the south side of the multi-use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) See Fencing above and Exhibit B below. Micropaths: The applicant is proposing to construct several micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different subdivision blocks. All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Common Areas: Maintenance of all common areas shall be the responsibility of the Reflection Ridge Home Owners' Association. 3. CUP Application: The submitted CUP substantially complies with the Zoning Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it generally conforms to Titles 11 and 12, Meridian City Code. Special Considerations: Requested Modifications: The applicant is requesting reductions to the standard Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 13 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIN~TE OF FEBRUARY 21, 2006 lot size, front building setback and street frontage requirements of the R-4 zone. The applicant is also requesting to exceed the maximum block length of 1,000 feet ui 2 blocks (Block 8, and Block 18). Due to existing topography to the south, staff is supportive of the proposed block length in Block 18. Due to the lack of a stub street being provided to this site from the north in Sicily Subdivision, staff is supportive of the proposed block length modification in Block 8. See Exhibit B. One-hundred-three of the proposed 2551ots (40%) are below the 8,000 square- foot minimum lot size of the R-4 zone. One-hundred-fifty-two (60%) of the proposed lots are at or exceed the minimum lot size of the R-4 zone. Nineteen of the alley-loaded lots in Block 4 are requested to have a 10-foot front setback to the liveable area (15 feet required by ordinance). Ninety-six of the 255 proposed buildable lots (38%) do not meet the minimum street frontage requirement of the R-4 zone (80-feet). Staff is supportive of the reauested modifications as theX allow for diversity in lot and block size. See Exhibit B below. Amenities: The applicant proposes usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees, and other amenities. Staff is supportive of the proposed amenities. See Exhibit B below. Elevations: The applicant has submitted sample pictures of how the alley-loaded and classic houses will look. Staff is supportive of the buildings. Each house shall be constructed in substantial compliance with the pictures submitted with the CUP application. See Exhibit B below. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ-OS- 045, PP-OS-048, and CUP-OS-046, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Januar 5~ 2006. At the public hearins the applicant should be prepared to give an update on any change to the pathway's location that may be required by NMID. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 09/12/05, received by the City Clerk's Office on December 16, 2005) 2. CUP Site Plan (dated: 01/05/06) 3. Landscape Plan (dated: 08/15/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department Reflecrion Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 14 CTI'Y OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF FEBRUARY 21, 2006 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Reflecrion Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE I S CTI'I' OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 A. Drawings 1. Preliminary Plat (dated: 9-12-05, date Stamped by the City Clerk on December 16, 2005) Exhibit A Page 1 CITY OF MERIDIAN PI,A~TG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit A Page 2 ' &~ ~ lei ~8~c! _ ~~~ ~ ~ ~~[ ~ Mils d inn Im. hlt~l~fQ8f1S 3£1Qt~0 M~9.L~3ld~i CTI'Y OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF FEBRUARY 21, 2006 Exhibit A Page 3 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 ~ ~ 1 ~~~ ~ ~.d~r ,~ sP, o ~~ ~~ Exhibit A Page 4 CTI'Y OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 2. CUP Site Plan (dated: 1-5-06) ~ oe ~ oHVCn ~cn~,u - i , o- rU" r }-' '~. 4 'K4 µC~ +v ~ tb _ _ '~ q c +"1c L d ti ml ~~~ i~ ~n °j _~ 1 ~~~~~. s ~ 4ag~:EaEE~ i ;; t" ~a~`~~ l y~ ~~g g~g~~ ~ ~- ~~ s~ t ~ "Y .~ ,~ ~ Rkit LL t of °~ EaE ¢ Z r O ~, $ ~p ® j k ~_yy _ , r ~ O ~ Ra~TtA~~ ~~+ ~ a ~ ~1E'&Ia' ~,~ / 8, ~ "r 'y AC~CQ~~j'! yg 6 E 4. ~i ~~ ~ ~} ~. ~ ~~ ._~ r~r ' '' a, 0 ~'~~ ,.may /:~ '~''~`; c.: ° ~'! ~ s w' 1 ~ , _ L,` ,~:. t . ~ p, ~ r j O~T~F . A 'a.; ' ~T ~ ~~ ~ry ~ t 1~ ! ~r~ I ~ ~~ i I o.aem s.om...,.. ~ .@,. Exhibit A Page 5 CTI'Y OF MERIDIAN PLA~IG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 3. Landscape Plan (dated: 8-15-OS) 1'~1>~muv _ r~~osAn~rc~ ~~~~ ~~~~: ~~i r ' ~~F ~- ~. ve r} i r v ~~ r~_ ~ ~ ~ ~~ F,~. 1 ~ iil O~Cii~ III ~aoo ~ ~~ ~~~~ ~_ w~ ~ Exhibit A Page 6 CTI'Y OF MERIDIAN PLAI~i DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLAD~dG DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 `,` i ~. -. ~ ~ ~, B. Exhibit A Page S :.r i~S t~®6~i/11Q~@~53JQ~~1~®s~~32~ ~:! ~ ~~ I iiI'~ ~ ~ ~ CTI'Y OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 I' ~oos~ra~~s ~~o~ r~t~~a~ `k. R a Exhibit A Page 10 1 JJI i a 4 0 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit A Page 11 CTI'Y OF MERIDIAN P)G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit A Page 12 CTI'Y OF MERIDIAN PLANle:'riG DEPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF FEBRUARY 21, 2006 ~P( °~~dP9~W ~ ~ f~'Ca1~1,~1JtI~611S 3eJt7ia N~11,~3'"I~ +'t ~~~R ~ ~i~~ ~s~f p ~ ! ~ f I I 1 B I 1 1 1 1 i I 1 I 0 I 1 I ~~ , ,~ , I I 1 I I I 1 1 1 1 Exhibit A Page 13 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-048) 1.1.1 The preliminary plat labeled as PP-1, PP-2, PP-3, and PP-4, prepared by The Land Group, Inc., dated September 12, 2005, and date stamped by the City Clerk on December 16 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-045) and Conditional Use Permit (CUP-OS-046) application shall also be considered conditions of the Preliminary Plat (PP-OS-048). 1.1.2 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached sidewalks shall be a minimum of 8-feet wide and include Class II trees. 1.1.3 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation 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. 1.1.4 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.5 Construct perimeter fencing around the perimeter of the site, as proposed on the submitted landscape plan (fencing adjacent to Parcel No. S1130212407 (northwest) is not required.) Any fencing adjacent to common Lot 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micropaths shall be restricted to either a maximum 4- foot tall solid fence or a maximum 6-foot tall open-vision fence. Further, anopen-vision fence (or a maximum 4-foot tall closed fence) shall be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided around the entire perimeter prior to issuance of a building permit, temporary construction fencing to contain debris must be installed. All fencing should be installed in accordance with City Code. 1.1.6 Prior to signature of the final plat by the City Engineer, all buildings that span across proposed lot lines and/or do not meet the setback requirements of the zone and/or are not principally permitted buildings shall be removed. 1.1.7 Construct a 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID), if the pathway is located within NMID's easement. The easement for the Ridenbaugh Canal and pathway shall not be included within the area of any adjacent buildable lot. The applicant shall Exhibit B Page 1 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEARIIvATE OF FEBRUARY 21, 2006 conform to the Parks Department's standards for construction of the pathway. In accordance with MCC 12-13-12-9, a 5-foot wide landscape buffer shall be constructed on the south side of the pathway. Construct fencing, in accordance with Condition 1.1.5 above, on the south side of the multi-use pathway. All landscaping adjacent to the pathway must be maintained by the Home Owners' Association. 1.1.8 All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3.) 1.1.9 The proposed alleys in Block 4 shall be private streets to be constructed to ACHD's public street standards, contain a minimum driving surface of at least 24 feet, have 28-foot (inside) and 48-foot (outside) turning radii where the alleys intersect the public streets, and be located in common lots. Addressing for the lots adjacent to the private streets with no public street frontage shall be from the private street. Street signs shall be installed by the applicant on the private streets with street name approval by the Street Naming Committee. 1.1.10 Maintenance of all common areas, including the private streets (alleys), shall be the responsibility of the Reflection Ridge Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to Locust Grove Road is prohibited. 1.1.12 The submitted eight-page landscape plan prepared by The Land Group, Inc., dated 8-15-OS is approved as submitted, with the following modifications: • Construct a 25-foot wide landscape buffer along Locust Grove Road, as proposed. In accordance with MCC 12-13-10, install at least one tree within said buffer for every 35 feet of frontage on the Locust Grove Road right-of--way. • 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. • All micropaths within the proposed subdivision shall be designed in accordance with MCC 12- 13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." • Construct a 5-foot wide landscape buffer on the south side of the multi-use pathway. Materials in said buffer shall be consistent with MCC 12-13-12-9. • 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, 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. • Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. Where the applicant has submitted a preliminary landscape plan and where Council has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Council. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application. Exhibit B Page 2 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-OS-048) 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 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. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Council'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. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-OS-046) 1.3.1 The site plan prepared by The Land Group, Inc., dated January 5, 2006, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ-OS-045) and Preliminary Plat (PP-OS-048) as a condition of the Conditional Use Permit (CUP-OS-046). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: Lot Size - 6,250 sq. ft.(minimum) Lot Frontage - 47 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul-de-sac or curve) Residential Building Setbacks -The following lots may have a 10-foot front setback: Lots 2-5, 7-11, 13-17, and 19-22, Block 4. 1.3.3 Blocks 8 and 18 may exceed the maximum block length of 1,000 feet. 1.3.4 As amenities for the subject planned development, construct: a 10-foot wide asphalt pathway from Locust Grove Road to the west property line; set aside usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, and a landscaped entrance boulevard corridor with street trees. 1.3.5 Construction within Reflection Ridge Subdivision shall substantially comply with the pictures/elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 2 Meridian Public Works Department 2.1 Site Specific Conditions and Comments 2.1.1 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 9-4-8. Wells may be used for non- Exhibit B Page 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 21, 2006 domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.1.2 Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.3 The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.1.4 Water service to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.5 Due to elevation changes on this site, a new pressure zone is being planned for this area. The new zone would split this property at a 45 degree angle approximately 600 feet southwest of the Ridenbaugh Canal. The northeastern portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone are established. The first source would be from a well lot which the developer would donate to the City of Meridian, the second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with Len Grady at the Public Works Department regarding this condition and he may waive the requirement for one of the two sources. 2.1.6 The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to create the new pressure boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location and number with Len Grady at the Public Works Department. 2.1.7 Please submit updated groundwater data for review by the Public Works Department. 2.1.8 The proposed landscape bulb in W. Wrightwood Drive near the intersection at Locust Grove Road needs to be labeled with a lot and block number, with maintenance and ownership called out in the plat notes. 2.1.9 Revise note 3 to read, "Each side of common side lot lines ....." 2.1.10 Revise note 4 to dedicate a 10-foot public utilities, drainage and irrigation easement along rear lot lines. Exhibit B Page 4 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY Z 1, 2006 2.1.11 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans and be reviewed and approved at that time. The Master Grading and Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following: a. Finish grade elevation at each lot corner. b. Drainage flow patterns on all lots. c. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.1.12 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated that Nampa and Meridian Irrigation District is going to own and operate the pressurized irrigation system in this development. Evidence of a license agreement shall be provided prior to scheduling of apre-construction meeting, with a signed license agreement prior to signature on the final plat. 2.1.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the 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. 2.1.14 No large landscaping shall be allowed within 5 feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.1.15 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.16 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. 2.1.17 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. 2.1.18 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. 2.1.19 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. 2.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.1.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B Page 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 2.1.22 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.23 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. 2.1.24 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. 3. Meridian 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' 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 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. h. Fire hydrants shall be provided to meet the requirements of the IFC 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 an approved turn around. 3.5 All entrance and internal roads shall have a fuming radius of 28' inside and 48' outside radius. 3.6 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 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. 3.8 To increase emergency access to the site a minimum of two points of access will be required for anv 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. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 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. Exhibit B Page 6 CTI'Y OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARiATE OF FEBRUARY 21, 2006 3.11 The proposed 255-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 740 residents at build out. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The homes with only frontage on the private streets (alleys) shall be addressed from the adjacent private street (alley). 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.15 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). 3.16 This project will be required to provide a ZO' wide swing or rolling emergency access gate at the western emergency access point. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.17 Private Streets (alleys) that serve mews shall be constructed at least 24-feet wide. 3.18 Pool chemicals shall be stored in compliance with the International Fire Code. 4. Meridian Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public area between Lots 24 and 25, Block 6. Prior to the next public hearing, the applicant shall submit a revised plat/plan that increases visibility by incorporating Lot 25 into Lot 15. 4.2 The proposed plat and/or site design 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 Reflection Ridge Drive, Luminous Way, and Radiant Ridge Drive. 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. Meridian Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. Exhibit B Page 7 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEA~DATE OF FEBRUARY Z1, 2006 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 5.3 The Parks Department is supportive of a future City Park just south of the subject site. However, there appears to be an access issue with the future location. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofApp~oval 7.1 Construct the main entrance to the subdivision (West Wrightwood Drive) to directly align (centerline to centerline) with the roadway to Bellingham Subdivision. 7.2 Construct the internal streets as 36-foot street sections with vertical curb, gutter and a 5-foot concrete sidewalk that is detached from the curb with an 8-foot wide landscape planter within 62- feet ofright-of--way, as proposed. 7.3 Construct two 24-foot wide private alleys that connect West Wrightwood Drive and Luminous Way OR Construct two 16 to 20-foot wide public alleys that connect West Wrightwood Drive and Luminous Way. An access to an alley shall be located a minimum of 25-feet from the nearest public street. 7.4 Construct a stub street (Northern Lights Avenue) to the south property line approximately 1,380- feet east of the west property line, as proposed. Construct a temporary turnaround at the terminus of the roadway. Pipe the Farr Lateral in order to stub to the south property line. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.5 Construct a stub street to the south property line approximately 1,750-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.6 Construct a stub street to the west property line approximately 645-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.7 Construct a stub street to the north property line approximately 1,100-feet west of the east property line, as proposed. Provide the District with the cost of half of the bridge necessary to cross the Ridenbaugh Canal. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.8 Construct a stub street to the north property line approximately 92-feet east of the west property line. Construct a temporary turnaround at the terminus of the roadway. *** The applicant may need to shift this roadway slightly to successfully locate the roadway in a location that will extend Rumple Lane into the site via Caven's property. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." Exhibit B Page 8 CTl'Y OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 7.9 Construct a stub street to the south property line approximately 510-feet west of Locust Grove Road to serve the 4.88-acre site located directly to the south of this site, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended ui the future." 7.10 Construct a roundabout at the intersection of Reflection Ridge Drive and West Wrightwood Drive as well as Reflection Ridge Drive and Northern Lights Avenue, as proposed. Design the roundabout with 21-foot street sections on either side of the center island with splitter islands. Dedicate sufficient right-of--way on either side of an island. Place a note on the final plat requiring Lot 1 Block 4 to access the adjacent alley, Lot 1 Block 12 to access Reflection Ridge Drive, Lot 10 Block 17 to access Northern Lights Avenue, Lots 15 Block 19 to access Reflection Ridge Drive and Lot 2 Block 21 to access Reflection Ridge Drive. Coordinate the size and design of the roundabout with traffic services Council. 7.11 Construct four cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.12 Construct two knuckles without center islands within the subdivision, as proposed. 7.13 Construct a center island within West Wrightwood Drive. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet while maintaining a minimum of a 21-foot street section on either side of the island. 7.14 Construct bulb-outs at: • The Luminous Way and Reflection Ridge Drive intersection • The Luminous Way and Shimmering Street intersection • The Twilight Ridge Drive and Memory Ridge Way intersection, as proposed. Reconfigure the bulb-outs that are proposed at the intersections of Solemn Lights Drive and Shimmering Street and Reflection Ridge Drive and Memory Ridge Way to allow for driveways to be constructed to all of the surrounding residential lots. 7.15 Construct a left hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.16 Construct a right hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.17 Other than the public roadway that has been approved with this application (West Wrightwood Drive), direct lot access to Locust Grove Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.18 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. Exhibit B Page 9 CITY OF MERIDIAN PLA~G DEPART141ENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 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 Council 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 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 Nampa Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to fmal platting. Please contact Donna Moore at 466-7861 for further information. Exhibit B Page 10 CITY OF MERIDIAN PLA~ DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 8.2 All laterals and waste ways must be protected. The District's Ridenbaugh Canal courses along the North boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 8.3 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa Meridian Irrigation District must review drainage plans. 8.4 The developer must comply with Idaho Code 31-3805. 8.5 It is recommended that irrigation water be made available to all developments within the Nampa Meridian Irrigation 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. 9.4 It is recommended that storm water beore-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit B Page 11 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 C. Legal Description cif Q~ ~' +~,~.~s 1~i1~~. ~ ~ ~~ ~ ~ ~ _ ~ ~~~ Fnx Exhibit C Page I CTI'Y OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HE~DATE OF FEBRUARY 21, 2006 Exhibit C Page 2 CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEA~DATE OF FEBRUARY 21, 2006 Exhibit C Page 3 CTI'Y OF MERIDIAN PiG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 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 shall find adequate evidence answering the following questions about the proposed zoning amendment: A. Will 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 VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. Council finds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the 50 acres adjacent to Locust Grove Road to be "Low Density Residential," and "Medium Density Residential" to the west. Some of the larger lots in the development are within the area designated for low density residential. The applicant has submitted detailed calculations for the low and medium density designated areas. Council finds that the low density area contains less than 3 dwelling units per acre, and that the medium density area contains just under 3 dwelling units per acre (2.8 d.u/acre gross.) The overall gross density of the project is 2.8 dwelling units per acre. Council fords that the density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium density areas. Council fords that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Council Report for detailed analysis of specific comprehensive plan action items that apply to this development.) B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and a conditional use permit for a planned development that proposes single-family dwelling lots on the subject site (PP-OS-048 & CUP-OS-046). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; Council finds that single-family homes are allowed (permitted) within the requested R-4 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved.) D. 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 fashion similar to the proposed rezone area; There have been no recent street improvements in the area. None of the nearby roadways: Locust Grove Road, Amity Road, or Victory Road, are within ACHD's Five Year Work Program or CIP (20-year plan) for road widening. Sicily Subdivision, Chatsworth Subdivision and Roseleaf Subdivision to the north have been approved for development similar to what is being proposed. Bellingham Park Subdivision and Tuscany Subdivision Exhibit D Page 4 CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 to the east have also been approved for single-family developments. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. However, this is the logical expansion of the City limits. The Council relies on Council's analysis, public testimony received and any comments 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 existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted photos/elevations for the proposed dwelling units. If constructed similarly to the units in the photos, Council believes that the design of the dwelling units will be compatible with the adjoining uses. Council fords that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses 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 Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, 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 all City Code 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; or will the person responsible for the establishment of the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Urban services, such as water and sewer, are near to this site and the applicant should be able to extend such services to the site. Council fords 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. The ACHD has included several conditions of approval for the subject development. Council finds that the existing and proposed street system will be able to handle the proposed development if the applicant complies with all of ACHD's conditions. All of ACHD's conditions are included in Exhibit B of the Staff Report. On September 30, 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/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development right away. The Commission and Exhibit D Page 5 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Council should reference any written and/or verbal 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 for public facilities and services and will not be detrimental to the economic welfare of the community; 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. 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. Will the proposed uses 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; Council finds 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. Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, Council does not believe that the amount generated will be detrimental to the general welfare of the public. Council does not 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 property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street access to connect with the existing public street system. If is designed and constructed as required by the ACRD and the City, Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Ridenbaugh Canal bisects this property. Council considers the Ridenbaugh a scenic feature. Council recommends that this feature be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Council fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Council references any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. L. Is the proposed zoning amendment in the best interest of the city. In accoYdance with the andings listed above. Council finds that the annexation and zoning ofthis~pe , as pYO osed b ty he applicant would be in the best interest o the City (see Analvsis section in the Sta f RepoYtZ 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the Exhibit D Pabe 6 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 objectives of this Title and at least the following: 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 program; 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 for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. 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 ford 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 other features as may be required by this title; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size, front setback and maximum block length requirements of the R-4 zone. Council fords that the subject property is large enough to accommodate the requested use and all other required ordinance features. 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 and in accordance with the requirements of this Ordinance; Council finds that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan 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 planned development). 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; Exhibit D Page 7 CITY OF MERIDIAN PLA~IG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Council finds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and 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 Annexation Findings G and H, the conditions in Exhibit B, and any comments that maybe 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 Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD regarding this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. Exhibit D Page 8 February 17, 2006 AZ 05-053 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Eagle Springs Investments, LLC ITEM NO. 20 REQUEST Public Hearing -Request for Annexation and Zoning of 5.87 acres from RUT R-8 zones for Windham Place Subdivision - 2640 North AAeridian 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 aMached RecommendaHos /Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER MAR 0 3 2006 Cite. C,~' eridian ~~-~~°~i ~ ~}k Office c sS~ [~~-~,~' 3"' ~' _N R 1[~.~WgA ~ ,.~. ~~ x'44 ~ In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP) approval of 23 building lots and 3 common other lots on 5.87 acres, by Eagle Springs investments, LLC. Case No(s).: AZ-05-053 and PP-OS-055 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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-053 / PP-OS-055 -PAGE 1 of 4 i • 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 21, 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 February 6, 2006 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 21, 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(5). AZ-OS-053 / PP-OS-055 -PAGE 2 of 4 • 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 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-053 / PP-OS-055 -PAGE 3 of 4 • • By action of the City Council at its regular meeting held on the ~ 8 ~ da of Y ~~lj,, 2006. COUNCIL MEMBER SHAUN WARDLE VOTED U,~p_ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED sr+ MAYOR T~, (~;~c~e WEERD ~, ATTEST: ^,..°°~~, ~ ~~~ °~,,~ / _ ~ ~~ WILLIAM G. BERG, JR., C CLERK ~ ~~ r ~~ Copy served upon: /- Applicant '~'e~j~f'~iy~+79 p65~d~~~~`°°°6\°~ /' Planning Department ~8~' ~° / Public Works Department / City Attorney By: Dated: 3- ~'~ (.D y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-053 / PP-OS-055 -PAGE 4 of 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE KING DATE OF 2/21/2006 STAFF REPORT Hearing Date: 2/21/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Windham Place Subdivision • AZ-OS-053 .J K`, ^`~{ ~~~ ,~ ti to:~t~ ~~_ ~~ X95 Annexation and Zoning of 5.87 acres from RUT to R-8 • PP-OS-055 Preliminary plat of 23 building lots and 3 other lots on 5.87 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 5.87 acres. The application materials submitted incorrectly states that the applicant is requesting 24 buildin lots The site is located east of N. Meridian Road, and south of Ustick Road. This site currently contains one existing residence with vacant land and accessory buildings. The site has not been previously platted. 2. SUIVIlVIARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Peter Hams ii. In opposition: None. iii. Commenting: None. iv. Staffpresenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Multi-use pathway along North Slough c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None- The applicant has submitted a revised preliminary plat and landscape plan which comply with the changes required by the staff report 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval I move to approval File Numbers AZ-OS-053 and AZ-OS-055 as presented in the staff report for the hearing date of February 21, 2006 and the preliminary plat dated September 28, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Numbers AZ-OS-053 and AZ-OS-055 as presented in the staff report for the hearing date of February 21, 2006 and the preliminary plat dated September 28, 2005 for the following reasons: (you should state specific reasons for denial.) Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21/2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2640 N Meridian Road /East of N. Meridian Road, and south of Ustick Road b. Owner: Edward and Loretta Sweet 2640 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 d. Representative: Terry Peugh, Idaho Survey Group e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 5.87 acres to R-8 and preliminary plat approval of 23 buildable lots. The applicant is proposing 22 attached single-family lots and 1 detached single family lot. A gross density of 3.91 dwelling units per acre is proposed, with an average lot size of 4,952 square feet. Access to the development is proposed from Hawk Street form the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which will take access from Meridian Road to the west. 1. Date of preliminary plat (attached as Exhibit Al): February 6, 2006 2. Date of landscape plan (attached as Exhibit A2): February, 2006 h. Applicant's Statement/Justification (from the letter dated September 12, 2005): "The applicant intends to develop the property as asingle-family infill subdivision with [23] buildable lots and 3 common lots. The applicant is proposing an overall density of [3.91] dwelling units per acre. With an R-8 density, the development would be compatible with the adjacent R-8 densities to the north, south, east, and west. A zone change is desirable because it will allow for infill development and the continued growth of the city and its existing services under the current 2005 Comprehensive Plan; the site is designated as Medium Density Residential. The proposed R-8 planned development would be in compliance with the intent of the City of Meridian Comprehensive Plan." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), 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, Article A (Table 11-SA-1), a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: January 30 and February 13, 2006 d. Radius notices mailed to properties within 300 feet on: January 27, 2006 Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 2 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21 /2006 e. Applicant posted notice on site by: February 11, 2006 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Area: The surrounding area, except for the parcel immediately to the south, has been developed as single family residences and very little vacant land remains in the general vicinity of the subject parcel. The parcel immediately to the south received preliminary plat approval for single family homes in October 2005 as Breinholt Subdivision. c. Adjacent Land Use and Zoning 1. North: Highgate Subdivision, zoned R-8. 2. East: Fothergill Pointe Subdivision, zoned R-8. 3. South: Vacant land recently approved as Breinholt Subdivision, zoned R-8. 4. West: Clearbrook Estates Subdivision, zoned R-4. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains in N. Larchmont being extended to this site by the yet to be constructed Breinholt Subdivision. The City of Meridian does not guarantee the availability of sewer service in the time outlined in the UDC. Location of water: Water service to this site is being proposed via extension of mains in N. Larchmont Street and E. Hawk Street. Issues or concerns: None. 2. Vegetation: Existing mature trees around existing residence and canal 3. Flood plain: NA 4. Canals/Ditches Irrigation: The North Slough crosses the property. 5. Hazards: None known on property. 6. Proposed Zoning: R-8 7. Size of Property: 5.78 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 8. Residential Area: 5.78 acres 9. Gross Density: 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 14.4% h. Proposed and Required Residential Standards: per the R-8 zone and are as follows: Setbacks Proposed Required Front Street side (Garage) Street side (Living) Side Rear Frontage attached/detached 20 20 15 0/4 12 40/50 Lot Size 4060 / 5500 min. sq. feet attached/detached 20 20 15 0/4 12 40/50 4000/5000 min. sq. ft. i. Summary of Proposed Streets and/or Access: Access to the development is proposed from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which will take access from Meridian Road to the west. All internal streets are proposed as public. All sidewalks on Indian Rocks Court and Larchmont Avenue are five feet wide and are attached to the curb. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On November 10, 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 Staff fords that the proposed zoning designation. R-8 is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Medium Density Residential. There Is a maxlmum density of eight dwelling units per acre in the Comprehensive Plan; the proposed gross density of Windham Place Subdivision is 3.91 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following mannef-.• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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. 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal N, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. • 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 (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections provided from Fothergill Pointe Subdivision and Breinholt Subdivision have been connected as planned (see ACfID report for details). This subdivision is one of the last infill developments in the near vicinity and is providing connections to all available stub streets. • Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The North Slough crosses the subject property and has been preserved and amulti-use pathway has been located in accordance with the Comprehensive Plan. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving some open space for drainage management. • Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested similar density relative to the immediate vicinity and will be developing smaller lots with attached housing. The applicant has continued the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be single family residences available to individual buyers who are seeking amedium-small lot closer to the urban center. • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density is similar to the surrounding developments and staff finds the design to be compatible with the existing neighborhood. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will remain and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out. Attached products were used in the development of Highgate Subdivision along Meridian Road immediately north of the site. Staff fmds that the proposed R-8 zoning designation is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single family attached and detached homes as permitted use in the R-8 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 6 CITY OF MERIDIAN PLANNIIPG DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21/2006 1. AZ/RZ Application: 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 single-family residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on October 6, 2005 by Terry Peugh, 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. 2. PP Application: Attached Homes: The applicant has indicated to staff that all homes in the subdivision, with the exception of Lot 17, Block 1, will be attached single family homes. To meet the square footage requirements of the R-8 zone, the following lots must either have attached houses or shared driveways with garages that do not face the street: Lots 5, 7, 13-16, Block 1 and Lots 2-9, Block 2. Open Space Lots: The submitted preliminary should be revised to include the entire multi-use pathway in a common lot to be owned and maintained by the Homeowner's Association. Lot 2, Block 1 should be extended to the west parallel to the North Slough to contain the pathway and Lot 11, Block 1 should be extended to the west to encompass any land between the pathway and the southern boundary of the subdivision which is not included in Lot 2, Block 1. The applicant shall also revise Lot 2, Block 1 to connect to the cul-de-sac at the terminus of Indian Rocks Court and provide a pedestrian connection to the multi-use pathway. Lot 1. Block 1: The submitted preliminary plat shows Lot 1, Block 1 as containing land on both the north and south sides of the North Slough with a proposed bridge for access to the south side. The applicant will be required to extend the multi-use pathway, which connects to Meridian Road and was required as part of Breinholt Subdivision and this path will be located on a portion of proposed Lot 1, Block 1. Staff fmds that the applicant should revise the preliminary plat to exclude the land south of the North Slough from Lot 1, Block 1, eliminate the proposed bridge, and include said land in the proposed common lot which contains the remainder of the pathway through the project. The applicant verbally indicated to staff that it is the desire of the existing homeowner to house horses on the rear portion of Lot 1, Block l; however, livestock are not allowed within Meridian city limits. Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H)-ARING DATE OF 2/21/2006 Multi-Use Path: The applicant shall be required to extend the multi-use use pathway which was required as part of Breinholt Subdivision immediately to the south. The pathway shall be contained on a common lot to be owned and maintained by the Homeowner's Association and a blanket public access easement shall be placed on said lot. Landscape Buffer on Meridian Road: A 25-foot landscape buffer which contains at least 1 tree per 35 feet and complies with the requirements of UDC 11-3B-7 is required along Meridian Road. The buffer shall be placed in an easement to benefit the Homeowner's Association. Fencins: The applicant is proposing to construct a six foot tall cedar solid fence at the top of bank on the south side of the North Slough. UDC 11-3A-6B1 prohibits fencing along natural waterways which prevent access to the waterway. The North Slough is determined to be a natural waterway, and fencing along it will not be allowed. Fences along the multiuse pathway and open space lots shall be limited to either 4- foot closed vision fencing or 6-foot open vision fencing per UDC 11-3A-7. This applies to Lots 4, 9, 10, and 12, Block 1. A detailed fencing plan should be submitted upon application of the final plat. 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 Meridian Road Access: Per the ACHD conditions of approval, direct lot access to Meridian Road for Lot 1, Block 1 is approved subject to the following conditions: 1. The applicant shall construct a turnaround to prevent vehicles from backing onto Meridian Road and; 2. The drive shall be paved for at least 30 feet into the site to prevent tracking of gravel and debris onto Meridian Road. Accessory Structures: Lot 1, Block 1 contains several existing accessory structures. Any structures which do not comply with the Unified Development Code shall be removed prior to Final Plat. Tree Miti atg ion: There are numerous large trees on this site and 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 are removed (iTDC 11-3B-10). The applicant should coordinate a tree protection/mitigationplan with Elroy Huff at the Meridian Parks Department. b. Staff Recommendation: Staff recommends approval of AZ-OS-053 and AZ-OS-055 for Windham Place Subdivision, 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. 11. EI~~ITS A. Drawings 1. Preliminary Plat (dated: February 6, 2006) 2. Landscape Plan (dated: February, 2006) B. Conditions of Approval 1. Planning Department Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 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 Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 9 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2!21/2006 A. Drawings 1. Preliminary Plat (dated: February 6, 2006) ..~v.~, . ° _~ 8 ~ if i I i ~~ `; 1 e .~ ~ ~~~ _~ ~- o~ ~ ; ~~ sus i~~ ~~~ ~„ g~a 1 ~~;~~;°~ ~~'~ ~ ,c ,~ I ~~I ~~~~ t ~~~ pE fp ~~ I'} k" ~ ID Z Fg? 3 ~I~~+ "O ~ D ~ M ~~ ~t s ~~ 0 z b ~ ~~! ~~ e i. ~1;9 .t ~~~ +ia ~~~ ~$! 6 ~1~ 1 ,,, T ' I !~ ~ I ~~~~~~tttttttfttttlltl~l~~i~i g~ a ~ ~g~e~8~i96i0ia~i~6~~ se~ E @ ip~js ~a°DEI~~'pi°~ 6F~~Y ~~~~Q f ~ ~ ' t (~ 9 ~ ~®~ Exhibit A 1 CITY OF MERIDIAN PLANNI•DEPARTMENT STAFF REPORT FOR THE HElRING D ATE OF 2/21/2006 2. Landscape Plan (dated: February, 2006) a \ , ,, o to ~~ ~ \. ~ © z titt 't r I Q tt' `, O ~ '' l°~ ryr •w ~ d/ t a ~~ ~ n a~ i ($1 ~ `/ LJ O ~ O ~_/ ~ V O 'q V~ o.~ ' _ '{ s omc i m~. -__ p 7'~ D a~~ ~a ~ ; ip ~~' ~ r~<rmas. corn a~muse~ em a z ( ~$ ~ '~ ~ : ~ ~ ® ' ® ~ 4 •o 1. O iT `.. ~i ., a ~ ~ ~~,, X11 V 4~ ~ `~~\ ~:~, v~,. ~, r.. ` \ n a ~ 17 O ~ a a ~ . ~ \ ~ o ~ ' ~-~ a ~ ~ ~ iC ~ :: o 4x'n a°~... \ ~ B e ~asiDas ~ q~pe'i~=~tz M, •t `\\ ,~ - • ~' ~ u` pee sa ~ a s o ~ 4 ~~ala $ r a j ~~ . s ~ ~ ~ f ~ I '`~ i t '''~g ~°8 `~_r~ iiiieii 3iBi ~y ,, g ~ ,. ,~ 1. - ~ 1 ' ~ ~~ ~f ... . ~ 99 ,6 • ~ ~~ ;; ~~~ o ~~ c ~ii~ Exhibit A 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21/2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT l.l.l The preliminary plat labeled as Sheet 1 prepared by Idaho Survey Group, dated September 28, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-053) application shall also be considered conditions of the Preliminary Plat (AZ-OS-055). 1.1.2 The applicant shall make the following revisions to the preliminary plat and submit it to the Planning Department no later than 10 days prior to the City Council hearing on the application: • Show building footprints which detail which lots are proposed for attached housing vs. detached housing. • Exclude the land south of the North Slough from Lot 1, Block 1, eliminate the proposed bridge, and include said land in the proposed common lot which contains the remainder of the pathway through the project. • Lot 2, Block 1 should be extended to the west parallel to the North Slough to contain the pathway and Lot 11, Block 1 should be extended to the west to encompass any land between the pathway and the southern boundary of the subdivision which is not included in Lot 2, Block 1. • Revise Lot 2, Block 1 to connect to the cul-de-sac at the terminus of Indian Rocks Court and provide a pedestrian connection to the multi-use pathway. • A blanket public access easement shall be placed on Lot 2, Block 1 • A 25-foot landscape buffer easement along Meridian Road to benefit the Homeowner's Association shall be placed on Lot 1, Block 1. 1.1.3 The applicant shall make the following changes to the landscape plan and submit it to the Planning Department no later than 10 days prior to the City Council hearing on the application: • Depict the required 25-foot landscape buffer along Meridian Road. • Show the entirety of the multi-use pathway through the project and all associated landscaping. • Correct the lot numbers and configurations to match the changes required on the preliminary plat. • Show the required pedestrian connection from the terminus of E. Indian Rocks Court to the multi-use pathway. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21/2006 1.1.4 Any structures which do not comply with the Unified Development Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing outbuildings on the property. 1.1.5 The applicant shall provide stub streets to the east and south as shown on the preliminary plat and per the ACRD Conditions of Approval. 1.1.6 Maintenance of all common areas shall be the responsibility of the Windham Place Homeowners' Association. 1.1.7 The applicant shall construct the multi-use pathway as shown on the preliminary plat. 1.1.8 To meet the square footage requirements of the R-8 zone, the following lots must either have attached houses or shared driveways with garages that do not face the street: Lots 5, 7, 13-16, Block 1 and Lots 2-9, Block 2. 1.1.9 A 25-foot landscape buffer which contains at least 1 tree per 35 feet and complies with the requirements of UDC 11-3B-7 is required along Meridian Road. The buffer shall be placed in an easement to benefit the Homeowner's Association. 1.1.10 The applicant is proposing to construct a six foot tall cedar solid fence at the top of bank on the south side of the North Slough. UDC 11-3A-6B 1 prohibits fencing along natural waterways which prevent access to the waterway. The North Slough is determined to be a natural waterway, and fencing along it will not be allowed. 1.1.11 Fences along the multiuse pathway and open space lots shall be limited to either 4-foot closed vision fencing or 6-foot open vision fencing per UDC 11-3A-7. This applies to Lots 4, 9, 10, and 12, Block 1. 1.1.12 Per the ACRD conditions of approval, direct lot access to Meridian Road for Lot 1, Block 1 is approved subject to the following conditions: 1. The applicant shall construct a turnaround to prevent vehicles from backing onto Meridian Road and; 2. The drive shall be paved for at least 30 feet into the site to prevent tracking of gravel and debris onto Meridian Road. 1.1.13 In accordance with Meridian City Code, no livestock shall be kept on the property 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 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 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 stormwater detention facility cannot be incorporated into the approved open space 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. 1.2.3 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 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, Exhibit B 2 CITY OF MERIDIAN PLANNIRG DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF 2/21/2006 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 11-3B-6 and MCC 9-1-28. 1.2.4 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. 1.2.5 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. 1.2.6 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, 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. 1.2.7 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. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. Z. Public Works Department 2.1 Sewer service to this site is being proposed via extension of mains in N. Larchmont being extended to this site by the yet to be constructed Breinholt Subdivision. The City of Meridian does not guarantee the availability of sewer service in the time outlined in the UDC. 2.2 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. 2.3 Water service to this site is being proposed via extension of mains in N. Larchmont Street and E. Hawk Street. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Applicant to executed standard forms of easements for any mains that are located out of the right-of--way. 2.4 The submitted geotechnical soils report is for the Highgate Subdivision to the north. Prior to plan approval a letter from Strata that the soils report submitted is representative of this site or a new report shall be submitted from a geo-technical firm . 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE H•RING DATE OF 2/21/2006 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. 2.6 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. 2.7 All existing structures that do not meet the applicable setback requirements shall be removed prior to signature on the final plat by the City Engineer. 2.8 Graphically depict a 5-foot wide public utility, drainage, and irrigation easement adjacent to all interior lot lines not being spanned by an attached unit. 2.9 The applicant shall be responsible for the payment of assessments and the actual physical connection to the existing house to the municipal services. Z.10 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. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 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 Exhibit B 4, CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 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) The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5) Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6) The proposed 23-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 7) All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 8) Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 1. Any interior fencing on Lots 4, 9, 10, and 12, Block 1, shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Exhibit B 5 CITY OF MERIDIAN PLANN DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 5. Parks Department 1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 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. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 4. 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 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval Utilize the existing 20-foot wide driveway that intersects Meridian Road approximately 20-feet north of the south property line IF: the applicant provides an on site turnaround and paves the driveway it full width of 20-feet into the site a minimum of 30-feet to eliminate gravel and debris being tracked onto the roadway. 2. Extend East Hawk Street from the east property line, as proposed. Extend North Larchmont Avenue into the site from the south property line, as proposed. 4. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. 5. Meridian Road is classified as a minor arterial roadway. Other than the access points that have been approved with this application, direct lot access to Meridian Road is prohibited. A note will be required on the final plat stating this access restriction. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 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 ACHD 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. Exhibit B () CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21/2006 5. 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 ACRD 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 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. 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 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 H~RING DATE OF 2/21/2006 C. Legal Description IDAHO suRV~Y GROUP Windham Place Subdivision 1450 Ease Waeertawer St Suite ISO Meridtan,ldaho 83643 Phony (~f18) 846-8570 Fax (2Q8) 884-5399 September 28, 2005 A parcel of land located in Government Lot 3 of Section 6, T:3N, R,1 B., B.M., Ada County, Idaho, more particularly described as follows: Coau~ertcing at the West 1/4 earner of said Section 6, from which the Northwest comer of said Sections bears North 40°17'l6" East, 2658.29 feet Thence North 00°17'16" East, ?42.50 feet; Thence North 89°42'44" East, 25.00 feet to a paint on the Eastright-of-~vay of N. Nteridian Road and the REAL POINT OF BEGINNING. Thence along said right-of -wa3+ North 00°i 7' 16" East, ,8(.85 feet to We Southwest comer of Highgate Subdivision Phase I, as same is rec+rded ia. Book 90 of Plata at Page 10471, Ada County records; Thence along the South boundary of said subdivisu- No>ith $9°43'38" East, 480.50 feet to an angle point on the southerly boundary of Highgate Subdivision Phase 2, as same is recorded in Book 90 of Plats at Page 10514, Ada County records, said point tying in the South Slough(Finch Lateral); Thence along said slough and southeasterly boundary of said subdivision North 53°44'51" East, 493.59 feet (ofrecord as North 53°38" East, 7,3(tehainsj Thence North 35°30' 12" East, 258.83 feet (of record as North 45°13' East, 3,80 chains); Thence North 89°43'38" East, 39.70 feet (of record. as East 0.65.linlgs) to the Northeast corner of said Government Lot 5, cba4inton to the Northwest earner of Fothergill Pointe Subdivision h1o: 3, as same is recordai i~ Book 73 of Plats. at-Page 7555, Ada County records; Thence along the Wiest `boundary of said subdivision and a vW~terly boundary of Fothergiil Subdivision Na. 1, as same is recorded in Book 6S of Plats at-Page 6639, Ada County records, South 00°19'53" West,. 701.74 feet (record 10.64 chains); Thence North 66°46'31" West, 36.90 feet (record North 66°47' 10" West, 37.03 feet) to the most northerly comer of Lot 4, Block 5 of said Fothergiil Subdivision.No. l; Thence departing said subdivisio~a boundary North 67°22'40" West, 181.20 feet (record of previous hvo calls North 66°57' West, 3.25 chains); Professional Land Surveyors Exhibit C CITY OF MERIDIAN PLANNI•DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21/2006 Thence North 88°12'59" West, SI2.77 feet; Thence North 89°42'44" West, 51.38 feet to the Point of Beginning. Containing 5.87 acres, more ar Iess. D. Teny Pe~sgh, PLS Exhibit C 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 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 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; City Council fmds 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 fmds 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 (ITDC 11-5B-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, attached single family housing products are located in Highgate Subdivision. City Council fmds 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. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, City Council fmds that annexation and zonin og f this property would be in the best interest of the City 2. Preliminary Plat Findings: Exhibit D CITY OF MERIDIAN PLANNI~ DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF 2/21 /2006 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 fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The proposed density of 3.91 dwelling units per acre (gross) is in the recommended dwelling units per acre for the comprehensive designation. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Item 8 above. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available to accommodate the proposed development. (See fmding Items 3 and 4 above under Annexation and Zoning Analysis for more detail.) 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, City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACFID, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) 5. 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.. 6. The development preserves significant natural, scenic or historic features. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Exhibit D February 17, 2006 PP 05-055 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Eagle Springs Investments, LLC ITEM NO. 21 REQUEST Public Hearing -Request for Preliminary Plat approval of 24 building lots and 3 common lots on 5.87 acres in a proposed R$ zone for Windham Place Subdivision 2640 North Meridian 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: Contacted: Emailed: COMMENTS See attached Pti~Z Item Packet / Minutes See attached Recommendations /Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. .• CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~9dR 0 3 2tl06 Ci± ti° C?f t~, ~ eridi an t F~Sr' py~ ~4! ~'~..~ ~ j ..- 1~ " h~ u, ~~ u>:~, i~A L1 1 In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 5.87 acres, by Eagle Springs investments, LLC. Case No(s).: AZ-05-053 and PP-OS-055 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 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-053 / PP-OS-055 - PAGE I of 4 e. • 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 21, 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 February 6, 2006 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 21, 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-053 / PP-OS-055 -PAGE 2 of 4 • 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 properly 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 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-053 / PP-OS-055 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the o~ ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR TR~~de WEERD ATTEST: "4 7 ~~:.. ~~ ~ ~,,.. WILLIAM G. BERG, JR., C CLERK ~ ~ ~ ` ~ ~~ .g N~ 0 Co served u On. ~ d~o'ipf d ~ ~~~°~~~ pY p Applicant ~, / Planning Depaxhnent'ce~" tSSc;Q~}~~~ / Public Works Department / City Attorney By' Dated: - g'0 (p Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-053 / PP-OS-055 -PAGE 4 of 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 STAFF REPORT Hearing Date: 2/21/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Windham Place Subdivision • AZ-OS-053 ,; - B td'Y 118' '~~il! r~ i ~~' ~ ' ~. 4A ti~ ~ IiT:'S~6d] '~r ~~. ",,~ ~d ,_ s~ ~~j~ ;~1- Annexation and Zoning of 5.87 acres from RUT to R-8 • PP-OS-055 Preliminary plat of 23 building lots and 3 other lots on 5.87 acres in a proposed R-8 zone 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 5.87 acres. The application materials submitted incorrectly states that the applicant is requesting 24 building lots The site is located east of N. Mendlan Road, and south of Ustick Road. This site currently contains one existing residence with vacant land and accessory buildings. The site has not been previously platted. 2. SU1V11VIARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i, In favor: Peter Harris ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Multi-use pathway along North Slough c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None- The applicant has submitted a revised preliminary plat and landscape plan which comply with the changes required by the staffreport 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval I move to approval File Numbers AZ-OS-053 and AZ-OS-055 as presented in the staff report for the hearing date of February 21, 2006 and the preliminary plat dated September 28, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Numbers AZ-OS-053 and AZ-05-055 as presented in the staff report for the hearing date of February 21, 2006 and the preliminary plat dated September 28, 2005 for the following reasons: (you should state specific reasons for denial.) Windham Place Subdivision AZ-OS-053, AZ-05-055 PAGE 1 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2640 N Meridian Road /East of N. Meridian Road, and south of Ustick Raad b. Owner: Edward and Loretta Sweet 2640 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 d. Representative: Terry Peugh, Idaho Survey Group e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 5.87 acres to R-8 and preliminary plat approval of 23 buildable lots. The applicant is proposing 22 attached single-family lots and 1 detached single family lot. A gross density of 3.91 dwelling units per acre is proposed, with an average lot size of 4,952 square feet. Access to the development is proposed from Hawk Street form the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which will take access from Meridian Road to the west. 1. Date of preliminary plat (attached as Exhibit Al): February 6, 2006 2. Date of landscape plan (attached as Exhibit A2): February, 2006 h. Applicant's Staternent/Justification (from the letter dated September 12, 2005): "The applicant intends to develop the property as asingle-family infill subdivision with [23] buildable lots and 3 common lots. The applicant is proposing an overall density of [3.91] dwelling units per acre. With an R-8 density, the development would be compatible with the adjacent R-8 densities to the north, south, east, and west. A zone change is desirable because it will allow for infill development and the continued growth of the city and its existing services under the current 2005 Comprehensive Plan; the site is designated as Medium Density Residential. The proposed R-8 planned development would be in compliance with the intent of the City of Meridian Comprehensive Plan." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), 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, Article A (Table 11-SA-1), a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: January 30 and February 13, 2006 d. Radius notices mailed to properties within 300 feet on: January 27, 2006 Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 2 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 2/21/2006 e. Applicant posted notice on site by: February 11, 2006 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Area: The surrounding area, except for the parcel immediately to the south, has been developed as single family residences and very little vacant land remains in the general vicinity of the subject parcel. The parcel immediately to the south received preliminary plat approval for single family homes in October 2005 as Breinholt Subdivision. c. Adjacent Land Use and Zoning 1. North: Highgate Subdivision, zoned R-8. 2. East: Fothergill Pointe Subdivision, zoned R-8. 3. South: Vacant land recently approved as Breinholt Subdivision, zoned R-8. 4. West: Clearbrook Estates Subdivision, zoned R-4. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains in N. Larchmont being extended to this site by the yet to be constructed Breinholt Subdivision. The City of Meridian does not guarantee the availability of sewer service in the time outlined in the UDC. Location of water Water service to this site is being proposed via extension of mains in N. Larchmont Street and E. Hawk Street. Issues or concems• None. 2. Vegetation: Existing mature trees around existing residence and canal 3. Flood plain: NA 4. Canals/Ditches Irrigation: The North Slough crosses the property. 5. Hazards: None known on property. 6. Proposed Zoning: R-g 7. Size of Property: 5.78 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/2006 8. Residential Area: 5.78 acres 9. Gross Density: 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 14.4% h. Proposed and Required Residential Standazds: per the R-8 zone and are as follows: Setbacks Proposed attached/detached Front Street side (Garage) Street side (Living) Side Reaz Frontage 20 20 15 0/4 12 40/50 Lot Size 4060 / 5500 min, sq. feet Required attached/detached 20 20 15 0/4 12 40/50 4000/5000 min. sq. ft. i. Summary of Proposed Streets and/or Access: Access to the development is proposed from Hawk Street from the east and Lazchmont Avenue from the south, with the exception of Lot 1, Block 1, which will take access from Meridian Road to the west. All internal streets aze proposed as public. All sidewalks on Indian Rocks Court and Lazchmont Avenue aze five feet wide and are attached to the curb. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On November 10, 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. S. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zonins? desienation. R-8 is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Medium Density Residential. There is a maximum density of eight dwelling units per acre in the Comprehensive Plan; the- _ proposed gross density of Windham Place Subdivision is 3.91 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following mannev.• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. • 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 (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated Medium Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) - The street connections provided from Fothergill Pointe Subdivision and Breinholt Subdivision have been connected as planned (see ACFID report for details). This subdivision is one of the last infill developments in the near vicinity and is providing connections to all available stub streets. • Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 5 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE• RING DATE OF 2/21/2006 areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The North Slough crosses the subject property and has been preserved and amulti-use pathway has been located in accordance with the Comprehensive Plan. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving some open space for drainage management. Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested similar density relative to the immediate vicinity and will be developing smaller lots with attached housing. The applicant has continued the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be single family residences available to individual buyers who are seeking amedium-small lot closer to the urban centeY • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density is similar to the surrounding developments and staff finds the design to be compatible with the existing neighborhood. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will remain and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out. Attached products were used in the development of Highgate Subdivision along Meridian Road immediately north of the site. Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single family attached and detached homes as permitted use in the R-8 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 6 CITY OF MERIDIAN PLANI~i DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 1 • AZ/RZ Application: 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 single-family residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepazed on October 6, 2005 by Terry Peugh, 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 maybe 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. 2. PP Application: Attached Homes: The applicant has indicated to staff that all homes in the subdivision, with the exception of Lot 17, Block 1, will be attached single family homes. To meet the squaze footage requirements of the R-8 zone, the following lots must either have attached houses or shazed driveways with garages that do not face the street: Lots 5, 7, 13-16, Block 1 and Lots 2-9, Block 2. O en S ace Lots: The submitted preliminary should be revised to include the entire multi-use pathway in a common lot to be owned anti maintained by the Homeowner's Association. Lot 2, Block 1 should be extended to the west pazallel to the North Slough to contain the pathway and Lot 11, Block 1 should be extended to the west to encompass any land between the pathway and the southern boundary of the subdivision which is not included in Lot 2, Block 1. The applicant shall also revise Lot 2, Block 1 to connect to the cul-de-sac at the terminus of Indian Rocks Court and provide a pedestrian connection to the multi-use pathway. Lot 1, Block 1 • The submitted preliminary plat shows Lot 1, Block 1 as containing land on both the north and south sides of the North Slough with a proposed bridge for access to the south side. The applicant will be required to extend the multi-use pathway, which connects to Meridian Road and was required as part of Breinholt Subdivision and this path will be located on a portion of proposed Lot 1, Block 1. Staff fords that the applicant should revise the preliminary plat to exclude the land south of the North Slough from Lot 1, Block 1, eliminate the proposed bridge, and include said land in the proposed common lot which contains the remainder of the pathway through the project. The applicant verbally indicated to staff that it is the desire of the existing homeowner to house horses on the rear portion of Lot 1, Block 1; however, livestock aze not allowed within Meridian city limits. Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 7 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE Hr,ARING DATE OF 2/21/2006 Multi-Use Path: The applicant shall be required to extend the multi-use use pathway which was required as part of Breinholt Subdivision immediately to the south. The pathway shall be contained on a common lot to be owned and maintained by the Homeowner's Association and a blanket public access easement shall be placed on said lot. Landscat~e Buffer on Meridian Road• A 25-foot landscape buffer which contains at least 1 tree per 35 feet and complies with the requirements of UDC 11-3B-7 is required along Meridian Road. The buffer shall be placed in an easement to benefit the Homeowner's Association. Fencine: The applicant is proposing to construct a six foot tall cedar solid fence at the top of bank on the south side of the North Slough. UDC 11-3A-6B1 prohibits fencing along natural waterways which prevent access to the waterway. The North Slough is determined to be a natural waterway, and fencing along it will not be allowed. Fences along the multiuse pathway and open space lots shall be limited to either 4- foot closed vision fencing or 6-foot open vision fencing per UDC 11-3A-7. This applies to Lots 4, 9, 10, and 12, Block 1. A detailed fencing plan should be submitted upon application of the final plat. 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 Meridian Road Access• Per the ACHD conditions of approval, direct lot access to Meridian Road for Lot 1, Block 1 is approved subject to the following conditions: 1. The applicant shall construct a turnaround to prevent vehicles from backing onto Meridian Road and; 2. The drive shall be paved for at least 30 feet into the site to prevent tracking of gravel and debris onto Meridian Road. Accessory Structures• Lot 1, Block 1 contains several existing accessory structures. Any structures which do not comply with the Unified Development Code shall be removed prior to Final Plat. Tree Mitiaation• There are numerous large trees on this site and 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 are removed (UDC 11-3B-10). The applicant should coordinate a tree protection/mitigationglan with Elroy Huff at the Meridian Parks Department. b. Staff Recommendation: Staff recommends approval of AZ-OS-053 and AZ-OS-055 for Windham Place Subdivision, 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. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: February 6, 2006) 2. Landscape Plan (dated: February, 2006) B. Conditions of Approval 1. Planning Department Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 8 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 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 Windham Place Subdivision AZ-OS-053, AZ-OS-055 PAGE 9 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 A. Drawings 1. Preliminary Plat (dated: February 6, 2006) '~ . ~ 7 ~~ ~8 a _a ~ ~ a ~qq~pp}~~~~~~ w: i ~i __ `~~; B t ~ j9 I i ~; 1; 1 ~~ i i I ~ ~t '~~ ~~ Ill a, i ~ a,, . ~ ,~ 1!`- .~ ' ~~~. ~.= ~a. ~~ i~a~~~I~-~~ 4 ~066 ~ ~ a A ~ p tl dY 6 ~~ ~; s ie t ~~~ 0~~~ I O y i )) 9393939^^^ ~ i ~° ~ i J s~ ~~ i 9 '~ ... i~ ~ ~~ z ,~ S ~ c ;:~~ z* ~ ~ z ~ ~° ~~ ~ ~ ~~~~ ~$ ~ 4 ~~8~ ~ ~~ o ~ z P ~ ~__ .p~ __ ~lg ~~~~~_ 1~ ~~ 3 ~ ~t a , p a ~ ' ~ $ . ~~,„,., s ~°a~ ii ~' 8~'S } ~ gg g g _ . ~ ~~~ e ~ ~,~, i ' ' { s ~ ' i '~ __i r ° ~~~~~ ~am.~o~0 !~~ ~~»a~~i $~ ; ~P; .I ~. ~ ~ ~~~~~y~lIf9111ti~t~#pp!~#~~~~;gq~ '~ ~ ~~~8 ~~aa`s~~$li ~~~~i ~~Iti ~ d # ~ ~ t Exhibit A 1 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 2. ~ Landscape Plan (dated: February, 2006) ---- - - - ------- - -- - - (: ~ OJ ! .. to ~ ~ ; 9 0 `D { F ~~~~~~~~ii{(( }j ^t i_i [ (} 9 • ~+W adM.... 44 g~ ~SlFaf~E ~ ~~G~U~~f l~P,~NII~ e. e o $ $ P ~ 9 ~ £ .«~. ~R ~~~m ~ ~ Exhibit A 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-pRELIMINARy pLAT 1.1.1 The preliminary plat labeled as Sheet 1 prepared by Idaho Survey Group, dated September 28, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-053) application shall also be considered conditions of the Preliminary Plat (AZ-OS-055). 1.1.2 The applicant shall make the following revisions to the preliminary plat and submit it to the Planning Department no later than 10 days prior to the City Council hearing on the application: • Show building footprints which detail which lots are proposed for attached housing vs. detached housing. • Exclude the land south of the North Slough from Lot 1, Block 1, eliminate the proposed bridge, and include said land in the proposed common lot which contains the remainder of the pathway through the project. • Lot 2, Block 1 should be extended to the west parallel to the North Slough to contain the pathway and Lot 11, Block 1 should be extended to the west to encompass any land between the pathway and the southern boundary of the subdivision which is not included in Lot 2, Block 1. • Revise Lot 2, Block 1 to connect to the cul-de-sac at the terminus of Indian Rocks Court and provide a pedestrian connection to the multi-use pathway. • A blanket public access easement shall be placed on Lot 2, Block 1 • A 25-foot landscape buffer easement along Meridian Road to benefit the Homeowner's Association shall be placed on Lot 1, Block 1. 1.1.3 The applicant shall make the following changes to the landscape plan and submit it to the Planning Department no later than 10 days prior to the City Council hearing on the application: • Depict the required 25-foot landscape buffer along Meridian Road. • Show the entirety of the multi-use pathway through the project and all associated landscaping. • Correct the lot numbers and configurations to match the changes required on the preliminary plat. • Show the required pedestrian connection from the terminus of E. Indian Rocks Court to the multi-use pathway. Exhibit B CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 1. t.4 Any structures which do not comply with the Unified Development Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing outbuildings on the property. 1.1.5 The applicant shall provide stub streets to the east and south as shown on the preliminary plat and per the ACHD Conditions of Approval. 1.1.6 Maintenance of all common areas shall be the responsibility of the Windham place Homeowners' Association. 1.1.7 The applicant shall construct the multi-use pathway as shown on the preliminary plat. 1.1.8 To meet the square footage requirements of the R-8 zone, the following lots must either have attached houses or shared driveways with garages that do not face the street: Lots 5, 7, 13-16, Block 1 and Lots 2-9, Block 2. 1.1.9 A 25-foot landscape buffer which contains at least 1 tree per 35 feet and complies with the requirements of UDC 11-3B-7 is required. along Meridian Road. The buffer shall be placed in an easement to benefit the Homeowner's Association. 1.1.10 The applicant is proposing to construct a six foot tall cedar solid fence at the top of bank on the south side of the North Slough. UDC 11-3A-6B 1 prohibits fencing along natural waterways which prevent access to the waterway. The North Slough is determined to be a natural waterway, and fencing along it will not be allowed. 1.1.11 Fences along the multiuse pathway and open space lots shall be limited to either 4-foot closed vision fencing or 6-foot open vision fencing per UDC 11-3A-7. This applies to Lots 4, 9, 10, and 12, Block 1. 1.1.12 Per the ACHD conditions of approval, direct lot access to Meridian Road for Lot 1, Block 1 is approved subject to the following conditions: 1. The applicant shall construct a turnaround to prevent vehicles from backing onto Meridian Road and; 2. The drive shall be paved for at least 30 feet into the site to prevent tracking of gravel and debris onto Meridian Road. 1.1.13 ]n accordance with Meridian City Code, no livestock shall be kept on the property. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 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 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 stormwater detention facility cannot be incorporated into the approved open space 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 ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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 utilize any existing surface or well water for the primary source. ]f 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, Exhibit B 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE H•RING DATE OF 2/21/2006 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 11-3B-6 and MCC 9-1-28. 1.2.4 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. 1.2.5 Any tree over 4" in caliper that is removed from the properly shall be r 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 for those trees that have to be mitigated. 1.2.6 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, 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. 1.2.7 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. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. Public Works Department 2.1 Sewer service to this site is being proposed via extension of mains in N. Larchmont being extended to this site by the yet to be constructed Breinholt Subdivision. The City of Meridian does not guarantee the availability of sewer service in the time outlined in the UDC. 2.2 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. 2.3 Water service to this site is being proposed via extension of mains in N. Larchmont Street and E. Hawk Street. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Applicant to executed standard forms of easements for any mains that are located out of the right-of--way. 2.4 The submitted geotechnical soils report is for the Highgate Subdivision to the north. Prior to plan approval a letter from Strata that the soils report submitted is representative of this site or a new report shall be submitted from a geo-technical firm . 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 If it is to be owned and maintained by an Imgation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a 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. 2.7 All existing structures that do not meet the applicable setback requirements shall be removed prior to signature on the final plat by the City Engineer. 2.8 Graphically depict a 5-foot wide public utility, drainage, and irrigation easement adjacent to all interior lot lines not being spanned by an attached unit. 2.9 The applicant shall be responsible for the payment of assessments and the actual physical connection to the existing house to the municipal services. 2.10 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. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian post Office. 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 Exhibit B 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/2006 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 1FC 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) The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5) Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6) The proposed 23-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 7) All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 8) Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance ~~ Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in - accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 1. Any interior fencing on Lots 4, 9, 10, and 12, Block 1, shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Exhibit B 5 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF 2/21/2006 5. ~ Parks Department 1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 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. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 4. 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 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval 1. Utilize the existing 20-foot wide driveway that intersects Meridian Road approximately 20-feet north of the south property line lF: the applicant provides an on site turnaround and paves the driveway it full width of 20-feet into the site a minimum of 30-feet to eliminate gravel and debris being tracked onto the roadway. Z. Extend East Hawk Street from the east property line, as proposed. 3. Extend North Larchmont Avenue into the site from the south property line, as proposed. 4. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. 5. Meridian Road is classified as a minor arterial roadway. Other than the access points that have been approved with this application, direct lot access to Meridian Road is prohibited. A note will be required on the final plat stating this access restriction. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. 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 ACHD 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. Exhibit B 6 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 5. 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 ACHD Traffic Operations 387-6190 in the event any ACRD 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 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 7 CITY OF MERIDIAN PLAN7~ DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/200 6 C. Legal Description ®~~® 1450 East Watertower St. suRVEY Swte i5U ~ ~®u ~ Meridian, Idaho 83642 _ F~hone (20$) 946-SS7Q `--.- °-, Faz (2~) 8&t-5399 Project No. OS-182 Y Windham Place Subdivision Septear-ber 28, 2005 A parcel of land located in GovemmenY Lot S ofSeetion 6, T.3N., R1 E., B.M., Ada County, Idaho, more particularly described as follows: Comnenceng of the West I/4 corner of said Section 6, from which the Northwest corner of said Sections bears North ~°17'16" East, 2658.29 feet; Thence North 00°17' l6" East, ?42.50 feet; '~~~ North 89°42'44" East, 25.00 feet to a point on the East right-ofiway of N. A~eridian Road and the REAL, POINT OF BEGINN[NG. Thence along said right-of -way North 00° 17' 16" East, 86.85 feet to the Southwest corner of Highgate Subdivision Phase 1, as same is teeordecl irt. Book 90 of Plata at Page 10471, Ada County records, Thence along the South boundary of said subdivision North $9°43'38" East, 480.50 feet to an angle point on the ,southerly boundary afHighgate Subdivision Phase 2, as same is recorded in Book 90 of Plats at page 105,14, Ada. Couttty records, said point lying in the South Slough(Fiach Lateral); Thence along said slough and southeasterly boundary of said subdivision North 53°44'51" East, 493.59 feet (of record as North S3°38" East; 7,3ttchains); Thence North 35°30' 12" East, 258.83 feet (ofrecord as North 45013' Eas#, 3.80 chains); Thence North 89°43'3 $" East, 39.70. feet (of record as East 0.65 links} to the Northeast corner of said Govetr!>~lent Lqt S, cbmman 'to the Aorthwest comer of FothergiU Pointe Subdivision No. 3, as same ~ r~ord~l ~ Book 73 of Plats at page 7555, Ada County rewrds; Thence along the West boundary of said subdivision oral a westerly boundary of Fothergill Subdivision No. 1, as same is t~corded is Book 65 o€~lata of Fags 6639, Ada County records, South 00°19'53" INeat, 701.74 feet'(record I0.64 ehainc); Thanes North 66°46'31" West, 36.90 feet (record North 66°47' I O" West, 37.03 feet) to the most northerly corner of Lot 4, Bloch 5 of said Pothergill Subdivision No. 1; Thence departing said subdivision l~undary North 67022'40" West, 1 S 1.20 feet (record of previous tbva calls North 66°57' West, 3.25 chains}; Professional farad Survey®rs Exhibit C CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/200 6 Thence North 88° 12'59" West, 812.77 feet; Thence North 89°42'44" West, 51.38 Feet to the Point of Being. Containing 5.87 acres, more or less. D. Terry Pe~ngh, PLS Exhibit C 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE•RING DATE OF 2/21/2006 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 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; 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 11-5B-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, attached single family housing products are located in Highgate Subdivision. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the fmdings listed above, City Council fords that annexation and zonin of this roe would be in the best interest of the Ci . 2. Preliminary Plat Findings: Exhibit D ,~ CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE H•EgRING DATE OF 2/21/2006 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 adopted Comprehensive Plan. The proposed density of 3.91 dwelling units per acre (gross) is in the recommended dwelling units per acre for the comprehensive designation. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Item 8 above. 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 finding Items 3 and 4 above under Annexation and Zoning Analysis for more detail.) 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, City Council fords that the subdivision will not require the expenditure of capital improvement funds. 4• There is public financial capability of supporting services for the proposed development; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACID, etc.) to determine this finding. (See fording "Items 3 and 4 above under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) 5• 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.. 6• The development preserves significant natural, scenic or historic features. There are some mature trees on this property. Any existing t,~-ees 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 in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. - Exhibit D February 17, 2006 AZ 05-059 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Hummel Architects, PLLC ITEM NO. ZZ REQUEST Public Hearing -Request for Annexation and Zoning of 9.71 acres from RUT R-4 zones for Meridian High School Ball Field and Technical Center - 2090 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: See attached Letter from Paul Geile COMMENTS See attached PB~Z Item Packet /Minutes See atFached Recommendations /Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ RECFIVELt MAR ~ ~ ~~0~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER °' Cit~:.Of Meridian -~,.._ . , -t~~j; -Clerk Office ::. ~,.;~'~ Request for Annexation and Zoning (AZ) of 9.71 acres from RUT (Ada County) to R-4 (Medium-Low Density Residential), Conditional Use Permit (CUP) approval for a new Technical Education Center and ball fields to expand on the existing Meridian High School campus, and a Variance to UDC 11-3A-11C for exposed light bulbs on the proposed athletic field lighting fixtures. Case No: AZ-OS-059, CUP-05-053, VAR-OS-025 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 2/21/06 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-059, CUP-OS-053, VAR-06-003 -PAGE 1 of 4 i • 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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 Annexation, Conditional Use and Variance applications are hereby approved for the reasons cited in the Staff Report for the hearing date of 2/21/06; and, D. Notice of Applicable Time Limits (as applicable) 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 maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) 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 future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use 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-059, CUP-OS-053, VAR-06-003 -PAGE 2 of 4 Title 11. E. Attached: Staff Report for the hearing date of 2/21/06. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-059, CUP-OS-053, VAR-06-003 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~ ~1 ~ ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED VOTED VOTED VOTED l VOTED ~ Mayor ,~e Weerd ~\ ~ P ~, _ irk ~ ~~ ~_. _.. __ ~w_ . The Planniri~~Dj~e~fi~,CC~i~lic Works Department and City a~v,~; eigtti ~-l ~C~ ~r'~ C~ By: .~ ~ Dated: ~ ~~ l Q _'~ ~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-059, CUP-OS-053, VAR-06-003 -PAGE 4 of 4 CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HE~ATE OF FEBRUARY 21, 2006 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: 2/21/2006 Mayor and City Council Josh Wilson, Associate City Planner Meridian High School Ball Fields and Technical Education Center • AZ-OS-059 Annexation and Zoning of 9.71 acres from RUT to R-4 zone • CUP-OS-053 Conditional Use Permit for ball field lighting adjoining a residential district and a new Technical Education Center • VAR-06-003 Variance to UDC 11-3A-11C for exposed light bulbs for athletic field lights for Meridian High School Ballfields ~,, c,a-aw~r~r ~rt~~~tl~_~~.~,~~ ~:r _~, ~~ ~~i ~ ~ ~;~ ~ ~r~:~ra 1r ,,y~~ . ~, 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hummel Architects, has applied for Annexation and Zoning (AZ) of 9.71 acres from RUT (Ada County) to R-4 (Medium-Low Density Residential) and Conditional Use Permit (CUP) approval for a new Technical Education Center and ball fields to expand on the existing Meridian High School campus. The applicant is also requesting a Variance to UDC 11-3A-11C for exposed light bulbs on the proposed athletic field lighting fixtures. The site is located west of N. Linder Road, and north of W. Pine Avenue. This site currently contains one existing residence with vacant land. 2. Z. SUNIIVIARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Margie Kennedy, Wendell Bigham, Don Nesbitt ii. In opposition: None. iii. Commenting: Paul Geile iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Design of ballfield lighting ii. Tiling of the Rutledge Lateral iii. Impact of proposal on adjacent properties c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. The applicant has requested that, per UDC 11-3A-6A3a, the requirement to pipe the Rutledge Lateral be waived by City Council; ii. The Variance request to UDC 11-3A-11C for exposed light bulbs on the ballfield lights. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 1 CTPY OF MERIDIAN PLANNIP"G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 I move to approve File Numbers AZ-OS-059, CUA-OS-053, and VAR-06-003 as presented in the staff report for the hearing date of February 21, 2006, and the site/landscape plan dated October 13, 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-059, CUP-OS-053, and VAR-06-003 as presented in the staff report for the hearing date of February 21, 2006, and the site/landscape plan dated October 13, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-059, CUP-OS-053, and VAR-06- 003 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2090 W. Pine Ave. /North of W. Pine Avenue, west of N. Linder Road 5E %, NE %, Section 11, T3N Rl W b. Owner: Joint School District No. 2 911 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Hummel Architects 2785 Bogus Basin Road Boise, Idaho, 83702 d. Representative: Margie Kennedy, Hummel Architects e. Present Zoning: RUT and R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public and High Density Residential g. Description of Applicant's Request: 1. Date of CUP site/landscape plan (attached as Exhibit Al): October 13, 2005 2. Date of Building Elevations (attached as Exhibit A2): October 5, 2005 h. Applicant's Statement/Justification (reference submittal material): The applicant has stated that the parcel has no public street frontage and is accessed through an easement across an adjacent property to the south. Because the parcel is easily accessible from the existing school campus which it bounds to the east, it is desirable to include it as part of the same school campus with the zoning designation of R-4. The Conditional Use application for a new "Technical Education Center" will be used to expand existing programs such as auto technology, welding, and horticulture, which have the potential of expanding beyond the capacity that they currently offer to the students. In addition, the Conditional Use application requests ball field lighting for a new varsity baseball filed, softball field, and football practice fields. The ball field lighting will be similar to the new lights at Mountain View High School and will only be used during game time. These lights have internal reflectors to minimise sky glow and spread onto adjacent Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 2 CTI'Y OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 properties. During non-game times such as maintenance of the field, there will only be one lamp within the multi-lamp fixture that will be used. For the Variance request, the applicant states: "Per UDC 11-3A-11, outdoor light bulbs shall not be visible. With today's latest technology all athletic field are lit with similar types of light fixtures which all have visible bulbs. We have designed the height of the poles so that they are turned down onto the field and not shining across the field, preventing direct exposed bulbs looking at adjacent neighbors. These athletic field lights aze designed to minimise side glare into adjacent lots, which no other light fixtures do. These light fixtures aze similaz and even better than the latest Mountain View High School. In order to achieve the light level and coverage needed for these ball games, athletic field lighting is our only option. WE believe these lights aze the best solution for the public's welfare because of the control of the glare onto the playing field and not onto adjacent lots." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation, conditional use, and variance as determined by City Ordinance. A public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 30 and February 13, 2006 c. Radius notices mailed to properties within 300 feet on: January 27, 2006 d. Applicant posted notice on site by: February 11, 2006 6. LAND USE a. Existing Land Use(s): Vacant land and residences b. Description of Character of Surrounding Area: Existing single family residences and Meridian High School campus c. Adjacent Land Use and Zoning 1. North: Existing single family residences in Vineyards Subdivision, zoned R-4. 2. East: Meridian High School campus, zoned R-4. 3. South: Proposed townhouses in recently approved Arnke Subdivision, zoned R-40. 4. West: Existing single family residences in Haven Cove Subdivision, zoned R-4. d. History of Previous Actions: AZ-OS-025 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing mains in school property. Location of water: Existing mains in school property. Issues or concerns: Existing main is too small to generate adequate fire flows. A practice football field is shown over the top of an existing main. 2. Vegetation: Existing mature trees on property. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Nine Mile Drain and the Rutledge Lateral transverses the property. Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 3 CITY OF MERIDIAN PLANNIFG DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: Annexation: 9.71 acres; CUP: 14.26 acres f. Conditional Use Information 1. Non-residential square footage: 68,875 square feet 2. Proposed building height: 31 feet 3. Number of Residential units: None. g. Off-Street Parking (non-residential uses) 1. Parking spaces required: None. There is no parking required for non-residential uses in the R-4 zone. 2. Parking spaces proposed: 87 new; 921 total. 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: None. h. Proposed and Required Non-Residential Setbacks: Proposed R-4 Standard Front 20 feet 20 feet Street side N/A 20 feet Side 45 feet 5 feet Rear 133 feet 20 feet Max. Building Height 31 feet 40 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the building will be through the existing curb cut on Linder Road from the east, and through the existing curb cut on Pine Avenue from the south. 7. COMMENTS MEETING On December 16, 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 The Comprehensive Plan Future Land Use Map designates the property as "High Density Residential" and "Public/Quasi Public", and it is currently zoned RUT. The adjacent properties to the east are designated "Public/Quasi Public" and contain the existing Meridian High School Campus. Staff finds that the designations on the Comprehensive Plan Future Land Use Map are conceptual and it is reasonable to include the parcel which is designated "High Density Residential" with the adjacent "Public/Quasi Public" parcel designation. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (emphasis added)." New public and quasi-public uses should consider the land use designation and the surrounding land uses. The expansion of the school could be considered of similar or lesser intensity to a high density residential development. The following Comprehensive Plan policies apply to the subject application: Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 4 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. 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 applicant's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Oj~ce. 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 (ACI-ID). This service will not change. 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Obj ective A Action 8) The applicant has proposed a similar development relative to the immediate vicinity and the proposal is a logical expansion of the existing Meridian High School Campus. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists public education institutions 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 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 public education institution and ball fields. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on October 31, 2005 by Patrick Scheffler, 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 Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 5 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 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. CONDITIONAL USE PERMIT 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 public use will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Rutledge Lateral: The applicant has proposed to only pipe the portion of the Rutledge Lateral which crosses the subject property, and leave the portion that bounds the southwest portion of the property as an open waterway. UDC 11-3A-6A3 requires that all irrigation ditches, laterals, or canals which are intersecting, crossing, or lying within the area being developed, shall be piped or otherwise covered. UDC 11-3A-6A3a states that the City Council may waive the requirement for covering such ditch, lateral, canal, or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. 2. Emergency Access: The Meridian Fire Department requires that emergency vehicles shall have access to within 150 feet of any structure or area of intensive public use, such as the press boxes and bleachers on the proposed baseball and softball fields. The applicant has not provided emergency vehicle access to the softball field on the site plan submitted with the Conditional Use Permit application. There appears to be several alternatives available to provide the required emergency access to the baseball field, and prior to the Planning Commission hearing on the subject applications, the applicant should meet with the Meridian Fire Department to discuss these concerns and be prepared to address these concerns at the public hearing. 3. Police Department Concerns: The Meridian Police Department has expressed a concern that an entrance to the proposed Technical Education Center located within the courtyard is not visible from the adjacent drive aisle. Prior to the Planning Commission hearing on the subject applications, the applicant should meet with the Meridian Police Department to discuss these concerns and be prepared to address these concerns at the public hearing. 4. Ball Field Li ts: UDC 11-3A-11 Outdoor Lighting sets forth standards for outdoor lighting that must be met by the ball field lights. The applicant should be prepared to address the impact of the lights on adjacent properties and discuss how the light factures will comply with UDC 11-3A-11 at the public hearing. All light fixtures which have a maximum bulb output of 1,800 lumens or more shall have an opaque top to prevent up- lighting, shall have a full cut-off shield and the bulb shall not be visible. The effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. Light facture details and photometric test reports which demonstrate compliance with the regulations set forth in UDC 11-3A-11 will be required with the Certificate of Zoning Compliance application. Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 6 CTI'Y OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAIZ~DATE OF FEBRUARY 21, 2006 VARIANCE ANALYSIS: Staff fmds that the following UDC sections are pertinent to the Variance application: 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following fmdings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Outdoor lighting is allowed in all districts of the City and the proposed public school athletic use is unique in nature and considered an asset to the community. Staff finds that if the City Council grants the requested variance, for exposed light bulbs for athletic field lighting, a special privilege will not be granted to the subject applicant because outdoor lighting, at an appropriate intensity and scale to the intended use, is allowed in all areas of the City. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are no physical characteristics of the site which affect the ability of the applicant to adequately light the proposed ballfields. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing exposed bulbs for ballfield lighting on this site will not be detrimental to the public health, safety, and/or welfare. The applicant has made every effort to use the latest technology which minimises impacts on the surrounding properties. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. b. Staff Recommendation: Staff recommends approval of AZ-OS-059, CUP-OS-053, and VAR- 06-003 for Meridian High School Ball Fields and Technical Center as presented in the staff report for the hearing date of February 21, 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 fmdings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. CUP Site/Landscape Plan (dated: October 13, 2005) 2. Building Elevations (dated October 5, 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 Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 7 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEATS OF FEBRUARY 21, 2006 D. Required Findings from Zoning Ordinance Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 8 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 A. Drawings ~ 1. CUP Site/Landscape Plan (dated: October 13, 2005) ~ i i iii ~~~; . , ~~ . ~ ,,, ~r---- _ I ~f~ '-~~~ ~'!~ ___. +e~~unai Uss FERMrf ~_ _~~ r_ ~ ~ t tr' I ~ ~'! :, ~ gyp: ~~ ~~ r ~ .~ ~~ I i ~~V ii i r ~g Exhibit A CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEA)~DATE OF FEBRUARY 21, 2006 ~ 2. Building Elevations (dated: October 5, 2005) v ~~ 60% CA's PAELIPllNARY ~tur n R~ ~t -0 ; Exhibit A CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAIZ~DATE OF FEBRUARY 21, 2006 0 i~ 4 i 5; ~~ D i~ l PREUMtNtARY 1 ! 1 j ~ 9 ~ - °~ °( 911' ,e , 8 I 1 ~ +l ~ I ~ aR~~~ !'1 ~ 1 ~~~ ~, e i i e~ l ° 0 e I' iww I~ :# " ' ! `~ 0 Exhibit A CITY OF MERIDIAN PLANIC'IlQG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 n §$ a~ I m !~ ~a ;~ I ._ - -- --- 6p`b CD's - ~ ~_; ~i RREUrt~fvnitr - - 8 8 0 -- ~ K..~.` "",~, 1 i 9 i e i i '~ ~ ~ i s a~ ga ;~ i O ~~ t ~ @I-~~ ! ! @ e ~ ~~~ ; ~ ~~~~ i~~ ~ ~~ ~~ a ~1 ~ e i ~ ~ 0 Exhibit A CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. 1.2 The applicant shall submit light fixture details and a photometric test report which demonstrates compliance with UDC 11-3A-11 with the Certificate of Zoning Compliance application for the ball fields. 1.3 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 1.4 If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 Comply with the conditions and comments of all City Departments, and other agencies. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of existing mains already on school property. 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 'The City of Meridian has an existing sewer trunk and easement that the submitted site plan shows a practice football field being built over. The applicant shall coordinate with Public Works, during civil plan review, an acceptable solution for access and maintenance of this section of sewer trunk. 2.3 Water service to this site is being proposed via extension of existing mains in the schools property. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.4 In order guarantee adequate fire flows a looped water system may be required. Upsizing of the existing 6-inch main to 10-inch shall be required. 2.5 Provide a 20-foot easement for all public water/sewer mains 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 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. 2.6 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. Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 • Plans shall be approved by the appropriate irrigationklrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to fmal plat signature. 2.7 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. 2.8 The applicant has not indicated how the storm drainage from the proposed access roads will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 4. 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. Exhibit B CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 21, 2006 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. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 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. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knox box entry system for the complex prior to occupancy. 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 4. POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 6. SANTTARY SERVICE COMPANY 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 1. Approved with no conditions. Exhibit B CTCY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 2006 Exhibit B CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAIZ~DATE OF FEBRUARY 21, 2006 C. Legal Description Project No. OS-178-02 Description for Meridian Joint School Distriet No.2 Schlekeway Aoneaation Parcel October 31, 2005 A parcel of land located in the Northeast 114 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 cornee of said Section 11, from which the center 1/4 of said Section 11 bears North 89°11' 16" West, 2655.19 feet; Thence along the South line of said Northeast 1 /4 of Section 11 North 89° 11' 16" West, 1326.35 feet (formerly described as being West, 1326.35 feet) to a poinC; Thence North 0°34'21" East, 731.70 feet (formerly described as being North 0°02' East, 731.70 feet) to the intersection with the centerline of an irrigation ditch; said point also being the REAL POINT OF BEGINNING; Thence along the centerline of said irrigation ditch the following courses and distances: Thence North 86°23'58" West, 29.48 feet; Thence North 67°00'55" West, 54.67 feet; Thence North 63°27'43" West, 102.21 feet; Thence North 75°28'57" West, 49.80 feet; Thence North 70°19'27" West, 48.91 feet; Thence North 73°29'51" West, 52.10 feet; Thence North 83°59'22" West, 44.75 feet; Thence North 76°37'29" West, 56.19 feet; Thence North 69°51'24" West, 45.67 feet; Thence North 73°09'01" West, 212.23 feet; Thence North 6G°28'59" West, 51.37 feet; Thence North 68°48'53" West, b3.46 feet to the beginning of a curve to the right; Thence along said curve to the right an arc distance of 52.40 feet, said curve having a radius of 110.00 feet, a eentral angle of 27°17'40", and a chord bearing and distance of North 55° 10'03" West, 51.91 feet; Thence North 4 t °31 ' 1'l" West, 50.97 feet; Thence Ne~rth 44'46'38" West. 249.64 fcet; Exhibit C CTI'Y OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEATE OF FEBRUARY 21, 2006 Thence Norhh 44°10'S9" West, 145.24 feet to the intersection with the North line of the Southwest 1/4 of the Northeast I/4 of said Section I 1 (said centerline of irrigation ditch formerly described as being the following courses: North 86° 17' West, 42.28 feet; North 64°40'30" West, 144.00 feet; North 72°SS'30" West, 144,66 feet; North 83°46' West, 69.01 feet; North 73°24'30" West, 88.16 feet; North 73°24'30" West, 219.16 feet; North 6?°3S'30" West, 133.40 feet; and North 4S°26'30" West, 417.29 feet); Thence leaving said centerline of irrigation ditch and along the said North line Sough 89°24'32" East, 1126.24 feet; Thence South 00°34'21" West, 588.56 feet to the REAL POINT OF BEGINNING. Contains an area of 9.71 acres, more or less. RES E ~ 1~.~\ BY ~ M WORKS OEBT.~O Prepared By: Idaho Survey Exhibit C Patrick J. Scheffler, PLS CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEAI2~DATE OF FEBRUARY 21, 2006 $~~~~~ '~ft~~ y~~~~~s i„S_p 9 ; ~ ~ ~b3~gg p8~~g8~ ' !p n~ 1 9'r R~~yx ~'. ui, i 17111 IIrpll ~ ®~B6~~s~~9~9a~~'~~~lg~iiiii e a tep 9 1• i .B a y~"~d s s§aa ~ l; %,~ . s i'°. u<. as Exhibit C CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF FEBRUARY 21, 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 the subject property to R-4. 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 fmds that public educational institutions are conditional uses within the requested zoning district of R-4. The accompanying Conditional Use Permit demonstrates that the land will be developed with uses and 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. 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, City Council fmds 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 (LJDC 11-5B-3.E). City Council fmds 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. There are existing adjacent uses which are similar to the proposed use and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that annexation and zonine of this property would be in the best interest of the Citv. 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEAIZ~DATE OF FEBRUARY 21, 2006 City Council fmds that the site is 14.26 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Annexation and Zoning Findings #1 and 2 above. 3. 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. City Council fmds that the proposed use as a public education institution complies with the uses conditionally permitted in the R-4 zone. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application comply with the UDC. 4. 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 fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will not significantly increase. ACfID has determined that there will be less than 10 additional trips generated per day. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council fmds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council fmds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEAII~DATE OF FEBRUARY 21, 2006 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Outdoor lighting is allowed in all districts of the City and the proposed public school athletic use is unique in nature and considered an asset to the community. City Council fords that if the City Council grants the requested variance, for exposed light bulbs for athletic field lighting, a special privilege will not be granted to the subject applicant because outdoor lighting, at an appropriate intensity and scale to the intended use, is allowed in all areas of the City. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are no physical characteristics of the site which affect the ability of the applicant to adequately light the proposed ballfields. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council fords that allowing exposed bulbs for Ballfield lighting on this site will not be detrimental to the public health, safety, and/or welfare. The applicant has made every effort to use the latest technology which minimizes impacts on the surrounding properties. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. Exhibit D February 17, 2006 CUP 05-053 MERIDIAN CITY COUNCIL MEETING February 21,2006 APPLICANT Hummel Architects, PLLC ITEM NO. Z3 REQUEST Public Hearing -Request for Conditional Use Permit for ball field adjoining a residential district for Meridian High School Ball Feld and Technical Center -2090 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: See attached Letter from Paul Geile COMMENTS See attached PE~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. ~ RACE D MAR 0 g Zpp& CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Ci Df Meridian. ~° Clerk ®ffice r~ ~~ ~ ~ ! ir~,~ta ..; ~. 5..y ,~ F {: ~~ Request for Annexation and Zoning (AZ) of 9.71 acres from RUT (Ada County) to R-4 (Medium-Low Density Residential), Conditional Use Permit (CUP) approval for a new Technical Education Center and ball fields to expand on the existing Meridian High School campus, and a Variance to UDC 11-3A-11C for exposed light bulbs on the proposed athletic field lighting fixtures. Case No: AZ-05-059, CUP-05-053, VAR-05-025 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Z/21/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 2/21/06 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-059, CUP-OS-053, VAR-06-003 -PAGE 1 of 4 r 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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 Annexation, Conditional Use and Variance applications are hereby approved for the reasons cited in the Staff Report for the hearing date of 2/21 /06; and, D. Notice of Applicable Time Limits (as applicable) 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 maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) 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 future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use 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-059, CUP-OS-053, VAR-06-003 -PAGE 2 of 4 Title 11. E. Attached: Staff Report for the hearing date of 2/21/06. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-059, CUP-OS-053, VAR-06-003 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~ 1 ~ ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED. r~ ,~ ~ ~;~ VOTED VOTED VOTED_~.(~, VOTED ~-" Mayor ,~e Weerd ~ ~~° ~~:"_^-:~ :.. '~l. \`a` ~~ ~ ~. ;) ~~'' cam` ~` ~ f®,r ``~J e ~` ~..__ .. _ .., - - ~rk p~ { ~ ~~ ~;,~ The Planniri~~I~g~~`~et,~~R~i~lic Works Department and City (,, C~ By: u l C~~ ~ J ~1, Dated: ~ ~~ ~ ~ ~'O ~P City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-059, CUP-OS-053, VAR-06-003 -PAGE 4 of 4 CITY OF MERIDIAN PLANNuvG DEPARTMENT STAFF REPORT FOR THE HEARD. _ DATE OF FEBRUARY 21, 2006 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: 2/21/2006 Mayor and City Council Josh Wilson, Associate City Planner ~, Rai ~ .~.~J ~~ ~~"" tFEI` :lF ,~f~'~I ~_~ ~~~~`~'~Ilr°l~ ~~ ~' ,~ ~, '~~ ~, ``~f~~ y Meridian High School Ball Fields and Technical Education Center • AZ-OS-059 Annexation and Zoning of 9.71 acres from RUT to R-4 zone • CUP-OS-053 Conditional Use Permit for ball field lighting adjoining a residential district and a new Technical Education Center • VAR-06-003 Variance to UDC 11-3A-11C for exposed light bulbs for athletic field lights for Meridian High School Ballfields 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hummel Architects, has applied for Annexation and Zoning (AZ) of 9.71 acres from RUT (Ada County) to R-4 (Medium-Low Density Residential) and Conditional Use Permit (CUP) approval for a new Technical Education Center and ball fields to expand on the existing Meridian High School campus. The applicant is also requesting a Variance to UDC 11-3A-11C for exposed light bulbs on the proposed athletic field lighting fixtures. The site is located west of N. Linder Road, and north of W. Pine Avenue. This site currently contains one existing residence with vacant land. 2. 2. SUIVIlVIARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Margie Kennedy, Wendell Bigham, Don Nesbitt ii. In opposition: None. iii. Commenting: Paul Geile iv. Staff presenting application: Josh Wilson V. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Design of ballfield lighting ii. Tiling of the Rutledge Lateral iii. Impact of proposal on adjacent properties c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. The applicant has requested that, per UDC 11-3A-6A3a, the requirement to pipe the Rutledge Lateral be waived by City Council; ii. The Variance request to UDC 11-3A-11C for exposed light bulbs on the ballfield lights. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 1 Il CITY OF MERIDIAN PLANK( llVG DEPARTMENT STAFF REPORT FOR THE HEAR)ril ~ ilATE OF FEBRUARY 21, 2006 - I move to approve File Numbers AZ-OS-059, CUF-OS-053, and VAR-06-003 as presented in the staff report for the hearing date of February 21, 2006, and the site/landscape plan dated October 13, 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-059, CUP-OS-053, and VAR-06-003 as presented in the staff report for the hearing date of February 21, 2006, and the site/landscape plan dated October 13, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-059, CUP-OS-053, and VAR-06- 003 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2090 W. Pine Ave. /North of W. Pine Avenue, west of N. Linder Road SE %, NE'/a, Section 11, T3N R1W b. Owner: Joint School District No. 2 911 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Hummel Architects 2785 Bogus Basin Road Boise, Idaho, 83702 d. Representative: Margie Kennedy, Hummel Architects e. Present Zoning: RUT and R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public and High Density Residential g. Description of Applicant's Request: 1. Date of CUP site/landscape plan (attached as Exhibit Al): October 13, 2005 2. Date of Building Elevations (attached as Exhibit AZ): October 5, 2005 h. Applicant's Statement/Justification (reference submittal material): The applicant has stated that the parcel has no public street frontage and is accessed through an easement across an adjacent property to the south. Because the parcel is easily accessible from the existing school campus which it bounds to the east, it is desirable to include it as part of the same school campus with the zoning designation of R-4. The Conditional Use application for a new "Technical Education Center" will be used to expand existing programs such as auto technology, welding, and horticulture, which have the potential of expanding beyond the capacity that they currently offer to the students. In addition, the Conditional Use application requests ball field lighting for a new varsity baseball filed, softball field, and football practice fields. The ball field lighting will be similar to the new lights at Mountain View High School and will only be used during game time. These lights have internal reflectors to minimise sky glow and spread onto adjacent Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 2 ~~" CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIl\.. DATE OF FEBRUARY 21, 2006 properties. During non-game times such as maintenance of the field, there will only be one lamp within the multi-lamp fixture that will be used. For the Variance request, the applicant states: "Per UDC 11-3A-11, outdoor light bulbs shall not be visible. With today's latest technology all athletic field aze lit with similar types of light fixtures which all have visible bulbs. We have designed the height of the poles so that they are turned down onto the field and not shining across the field, preventing direct exposed bulbs looking at adjacent neighbors. These athletic field lights are designed to minimise side glare into adjacent lots, which no other light fixtures do. These light fixtures aze similaz and even better than the latest Mountain View High School. In order to achieve the light level and coverage needed for these ball games, athletic field lighting is our only option. WE believe these lights aze the best solution for the public's welfare because of the control of the glaze onto the playing field and not onto adjacent lots." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation, conditional use, and variance as determined by City Ordinance. A public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 30 and February 13, 2006 c. Radius notices mailed to properties within 300 feet on: January 27, 2006 d. Applicant posted notice on site by: February 11, 2006 6. LAND USE a. Existing Land Use(s): Vacant land and residences b. Description of Character of Surrounding Area: Existing single family residences and Meridian High School campus c. Adjacent Land Use and Zoning ll . North: Existing single family residences in Vineyards Subdivision, zoned R-4. 2. East: Meridian High School campus, zoned R-4. 3. South: Proposed townhouses in recently approved Arnke Subdivision, zoned R-40. 4. West: Existing single family residences in Haven Cove Subdivision, zoned R-4. d. History of Previous Actions: AZ-OS-025 e. Existing Constraints and Opportunities ll. Public Works Location of sewer: Existing mains in school property. Location of water: Existing mains in school property. Issues or concerns: Existing main is too small to generate adequate fire flows. A practice football field is shown over the top of an existing main. 2. Vegetation: Existing mature trees on property. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Nine Mile Drain and the Rutledge Lateral transverses the property. Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 3 {~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR>I~.. DATE OF FEBRUARY 21, 2006 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: Annexation: 9.71 acres; CUP: 14.26 acres f. Conditional Use Information 1. Non-residential square footage: 68,875 square feet 2. Proposed building height: 31 feet 3. Number of Residential units: None. g. Off-Street Parking (non-residential uses) 1. Parking spaces required: None. There is no parking required for non-residential uses in the R-4 zone. 2. Parking spaces proposed: 87 new; 921 total. 3. Compact spaces proposed:. No compact spaces are proposed. 4. Off-site parking proposed: None. h. Proposed and Required Non-Residential Setbacks: Proposed R-4 Standard Front ZO feet 20 feet Street side N/A 20 feet Side 45 feet 5 feet Rear 133 feet 20 feet Max. Building Height 31 feet 40 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the building will be through the existing curb cut on Linder Road from the east, and through the existing curb cut on Pine Avenue from the south. 7. COMMENTS MEETING On December 16, 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 The Comprehensive Plan Future Land Use Map designates the property as "High Density Residential" and "Public/Quasi Public", and it is currently zoned RUT. The adjacent properties to the east are designated "Public/Quasi Public" and contain the existing Meridian High School Campus. Staff finds that the designations on the Comprehensive Plan Future Land Use Map are conceptual and it is reasonable to include the parcel which is designated "High Density Residential" with the adjacent "Public/Quasi Public" parcel designation. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (emphasis added)." New public and quasi-public uses should consider the land use designation and the surrounding land uses. The expansion of the school could be considered of similar or lesser intensity to a high density residential development. The following Comprehensive Plan policies apply to the subject application: Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 4 CITY OF MERIDIAN PLANN W G DEPARTMENT STAFF REPORT FOR THE HEAR(li.., DATE OF FEBRUARY 21, 2006 • Require that development projects have pla'hned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) YYhen the City established its Area of City Impact, it planned to provide City services to the subject properties. 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 applicant's expense. • The subject lands currently Zie 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 Zands 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. 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has proposed a similar development relative to the immediate vicinity and the proposal is a logical expansion of the existing Meridian High School Campus. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists public education institutions 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 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 public education institution and ball fields. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on October 31, 2005 by Patrick Scheffler, 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 Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 5 ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARL... DATE OF FEBRUARY 21, 2006 removed from their domestic service, per Ciry 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. CONDITIONAL USE PERMIT 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 public use will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. Rutledge Lateral: The applicant has proposed to only pipe the portion of the Rutledge Lateral which crosses the subject property, and leave the portion that bounds the southwest portion of the property as an open waterway. UDC 11-3A-6A3 requires that all irrigation ditches, laterals, or canals which aze intersecting, crossing, or lying within the azea being developed, shall be piped or otherwise covered. UDC 11-3A-6A3a states that the City Council may waive the requirement for covering such ditch, lateral, canal, or drain, if it fmds that the public purpose requiring such will not be served and public safety can be preserved. 2. Emergency Access: The Meridian Fire Department requires that emergency vehicles shall have access to within 150 feet of any structure or area of intensive public use, such as the press boxes and bleachers on the proposed baseball and softball fields. The applicant has not provided emergency vehicle access to the softball field on the site plan submitted with the Conditional Use Permit application. There appears to be several alternatives available to provide the required emergency access to the baseball field, and prior to the Planning Commission hearing on the subject applications, the applicant should meet with the Meridian Fire Department to discuss these concerns and be prepazed to address these concerns at the public hearing. 3. Police Department Concerns: The Meridian Police Department has expressed a concern that an entrance to the proposed Technical Education Center located within the courtyard is not visible from the adjacent drive aisle. Prior to the Planning Commission hearing on the subject applications, the applicant should meet with the Meridian Police Department to discuss these concerns and be prepazed to address these concerns at the public hearing. 4. Ball Field Lights: UDC 11-3A-11 Outdoor Lighting sets forth standards for outdoor lighting that must be met by the ball field lights. The applicant should be prepazed to address the impact of the lights on adjacent properties and discuss how the light fixtures will comply with UDC 11-3A-11 at the public hearing. All light fixtures which have a maximum bulb output of 1,800 lumens or more shall have an opaque top to prevent up- lighting, shall have a full cut-off shield and the bulb shall not be visible. The effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. Light fixture details and photometric test reports which demonstrate compliance with the regulations set forth in UDC 11-3A-11 will be required with the Certificate of Zoning Compliance application. Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 6 CITY OF MERIDIAN PLANiV1NG DEPARTMENT STAFF REPORT FOR THE HEA 1~.,, DATE OF FEBRUARY 21, 2006 VARIANCE ANALYSIS: Staff finds that the following UDC sections are pertinent to the Variance application: 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Outdoor lighting is allowed in all districts of the City and the proposed public school athletic use is unique in nature and considered an asset to the community. Staff finds that if the City Council grants the requested variance, for exposed light bulbs for athletic field lighting, a special privilege will not be granted to the subject applicant because outdoor lighting, at an appropriate intensity and scale to the intended use, is allowed in all areas of the City. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are no physical characteristics of the site which affect the ability of the applicant to adequately light the proposed ballfields. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing exposed bulbs for ballfield lighting on this site will not be detrimental to the public health, safety, and/or welfare. The applicant has made every effort to use the latest technology which m;nimi~es impacts on the surrounding properties. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. b. Staff Recommendation: Staff recommends approval of AZ-OS-059, CUP-OS-053, and VAR- 06-003 for Meridian High School Ball Fields and Technical Center as presented in the staff report for the hearing date of February 21, 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. EXHIBITS A. Drawings 1. CUP Site/Landscape Plan (dated: October 13, 2005) 2. Building Elevations (dated October 5, 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 Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 7 i" CITY OF MERIDIAN PLANNSNG DEPARTMENT STAFF REPORT FOR THE HEARIIe., DATE OF FEBRUARY 21, 2006 D. Req>aired Findings from Zoning Ordinance Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 8 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIv.r DATE OF FEBRUARY 21, 2006 A. Drawings 1. CUP Site/Landscape Plan (dated: October 13, 2005) "'8 d 1r i ~~~{(ltf~' ,yam, ~[ a; (. t ~ tt Y a ~ j F+~~. )~ 6 ~~ ' ~:~1 ' ~ ~ xn i ;I j j I ,i ~,~'' I i/ ~g ~I I I f i ~I ~~ . .~, ~ ~„ ~r eu ~m"~m , a~.~ -~ III`! Illi~i~i;ullll'it!r'i~ InL ~ ~` '3e~~- ---- ~ifi~1~~~~r+tt~Nfi~~f~t~~ill~ri}i}}(~I~~ :~~_ ~-~. P ;_~~~ ~~ fNll~~{I~~H;~I' ` N~f~-(-f~lt~tltf~t~?` i~, ~--j . $ ~, , ~ Mai}~'~{~N}f~;~,Ka~+~,llfff~,~,# ~~: ~ ! I L ' ~ ~, i ~. . _ +~ ~-- ~ I Vii; i i ~ } ~,;t ~i.i ,~ 1 4"-~~ j-~I ~rf.. -1 I ~ ~ ~ ! f'~i i ,. ----t'- - -.. _ _ --- __ ~:+uonal Ux ~PEP.M! ,. r ~ --_-~ ~~~ ~` i r 3 Exhibit A CITY OF MERIDIAN PLAN(Iv~~aG DEPARTMENT STAFF REPORT FOR THE HEA12L.., DATE OF FEBRUARY 21, 2006 2. Building Elevations (dated: October 5, 2005) R~ a~ a~ !z 3 R~ s •, D '~ I ;~ '~ i 0 z r~;--- -- .._r __,~ ~. ,._ _ -- 60~ Ct7.o ; ~. t ------------ -- PRELIMINARY ° L- ~" ` -- ~ 8 i 6 e! ~~ ~~i~ I~, I~ e~L-- - C Exhibit A CITY OF MERIDIAN PLANNu~IG DEPARTMENT STAFF REPORT FOR THE HEAR(Inv DATE OF FEBRUARY 21, 2006 0 B~ R~ i~ Y n @~ n~ W~ D 5; ~M ~. E a~ 1 ___ e .,.- -- - r _~ - __ _ ---- 60~ CD's t ~ ; , #i l' ~~~ !i2@€LE€~~1 ~ I PRELiMiNAKY ,~.~ aaa~ 1 9 9 1 i~° 'fl~i~eo !'Q ,, ~ k a i e~°1 ~ ii i~ ~~~ ~~t; t' ~ ~ 0 9 Exhibit A ~ - ,, CITY OF MERIDIAN PLANIvuJG DEPARTMENT STAFF REPORT FOR THE HEAl2L..~ DATE OF FEBRUARY 21, 2006 n i~ t~ F m i~ :$ i -G b i~ ~~ _-.__. a ~~ co: ~d d ~urt 0 e rr '8 ~ - c~?B&r? P ~id ~ 6 ~ ~ " ~ ~ {~ ; ~ _ s 1 i ~ 1 ~ B~ ~Q ~ , a ~~ e I d l `: t) Exhibit A CITY OF MERIDIAN PLANI~,~~~G DEPARTMENT STAFF REPORT FOR THE HEAR( ..n DATE OF FEBRUARY 21, 2006 ~B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use v~~ithout a Certificate of Zoning Compliance (CZC) issued by the Planning Department. 1.2 The applicant shall submit light fixture details and a photometric t:est report which demonstrates compliance with UDC 11-3A-11 with the Certificate of Zoning Compliance application for the ball fields. 1.3 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 1.4 If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 1.5 All required improvements must be complete prior to obtaining a C~°rtificate of Occupancy for the proposed development. A temporary Certificate of Occupancy nay be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 Comply with the conditions and comments of all City Departments, and other agencies. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of existing mains already on school property. 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 The City of Meridian has an existing sewer trunk and easement that the submitted site plan shows a practice football field being built over. The applicant shall coordniate with .Public Works, during civil plan review, an acceptable solution for access and maintenance of this section of sewer trunk. 2.3 Water service to this site is being proposed via extension of existing mains in the schools property. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.4 In order guarantee adequate fire flows a looped water system maybe required. Upsizing of the existing 6-inch main to 10-inch shall be required. 2.5 Provide a 20-foot easement for all public water/sewer mains 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 E.`~IIBIT 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. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterwtrys, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Exhibit B i~ CITY OF MERIDIAN PLAN1r~iJG DEPARTMENT STAFF REPORT FOR THE HEAR'L.~a DATE OF FEBRUARY 21, 2006 Plans shall be approved by the appropriate irrigation drainage distract, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If laterafl users association approval can't be obtained, alternate plaJSS shall be reviewed and approved by the meridian City Engineer prior to final plat signature;. 2.7 Any existing domestic wells and/or septic systems within this projFCt shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Welds maybe used for non- domestic purposes such as landscape irrigation. 2.8 The applicant has not indicated how the storm drainage from the proposed access roads will be disposed. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. Storm water treatment and disposal shall be designed in accordance; with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standazds and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Vf~ater Resources regarding Shallow Injection Wells. 2.9 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approv~;d prior to obtaining certificates of occupancy. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with ;~.nd NPDES Permitting that may be required by the Environmental Protection Agency. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. 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 pazking 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 perntits. 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 constn~ction or additions to existing buildings within 1,000 feet of the project. The phasing plan may require that any roadway greater than 1:i0 feet in length that is not provided with an outlet shall be required to have an approved turn al•ound. 4. All common driveways shall be straight or have a turning radius of :? 8' inside and 48' outside and shall have a cleaz driving surface which is 20' wide. Exhibit B i CITY OF MERIDIAN PLANI'~„vG DEPARTMENT STAFF REPORT FOR THE HEARIl. J DATE OF FEBRUARY 21, 2006 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. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 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. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knox box entry system for the complex prior to occupancy. 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 4. POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 6. SANTTARY SERVICE COMPANY 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 1. Approved with no conditions. Exhibit B ( ~ CITY OF MERIDIAN PLANiv,~rG DEPARTMENT STAFF REPORT FOR THE HEARL .., DATE OF FEBRUARY 21, 2006 Exhibit B CITY OF MERIDIAN PLANr,~~JG DEPARTMENT STAFF REPORT FOR THE HEARt~ ..~ DATE OF FEBRUARY 21, 2006 C. Legal Description Project No. OS-178-02 October 31, 2005 Description for Meridian Joint School District No.2 Scltlekecvay Annexation Parcel A parcel of land located in the Northeast 1!4 of Section 11, Township 3 North, Range l West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 comer of said Section 11, from which the center I/4 of said Section I I bears North 89° i l' 16" West, 2655.19 feet; Thence along the South line of said Northeast 1/4 of Section I 1 North $9°I 1' 16" West, 1326.35 feet (formerly described as being West, 1326.35 feet) to a point; Thence North 0°34'21"East, 731.70 feet (formertydescribed as being North 0°02' East, 731.70 feet) to the intersection with the centerline of an irrigation ditch; said paint also being the REAL POINT OF BEGINNING; Thence along the centerline of said irrigation ditch the following courses and distances: Thence North 86°23'58" West, 29.4$ feet; Thence North 67°00'55" West, 54.67 feet; Thence North 63°27'43" West, 102.21 feet; Thence North 75°28'57" West, 49.80 feet; Thettce North 70°19'27" West, 48.91 feet; Thence North 73°29'51" West, 52.10 feet; Thence North 83°59'22" West, 44.75 feet; Thence North 76°37'29" West, 56.19 feet; Thence North 69°51'24" West, 45.67 feet; Thence North 73°09'01" West, 2]2.23 feet; Thence North 6b°28'59" West, S 1.37 Feet; Thence North b8°48'53" West, ti3.46 feet to the beginning of a curve to the right; Thence along said curve to the right an arc distance of 52.40 feet, said curve havirng a radius of 110.00 feet, a central angle of 27°17'4(1", and a chord bearing and distance of North 55° 10'03" West, 51.91 feet; Thence North 41 °31' 13'" West. 50.97 feet; Thence '~;orth 4~`=1f.'?5" ~~'est. ?~#4.G4 feet: Exhibit C CITY OF MERIDIAN PLANIv..vG DEPARTMENT STAFF REPORT FOR THE HEARL, ~ DATE OF FEBRUARY 21, 2006 Thence North 44°10'59" West, 145.24 feel to the intersection with the North line of the Southwest I /4 of the Northeast 1 /4 of said Section 11 (said centerline of irrigation ditch formerly described as being the following courses: North 86°1 T West, 42.28 feet; North 64°40'30" West, 144.00 feet; North 72°SS'30" West, 144.66 feet; North $3°46' West, 69.01 feet; North 73°24'30" West, 88.16 feet; North 73°24'30" West, 219.16 feet; North 67°3S'30" West, 133.40 feet; and North 4S°26'30" West, 417.29 feet); Thence leaving said centerline of irrigation ditch and along the said North line South 89°24'32" East, P 126.24 feet; Thence South 00°34'21" West, S88.S6 feet to [he REAL POINT OF B1IGINN[NG. Contains an area of 9.71 acres, more or less. Prepared By: BY ~ ~ WORKS DE®T'C Exhibit C Patrick J. Scheffler, PLS CITY OF MERIDIAN PLAN~~.dG DEPARTMENT STAFF REPORT FOR THE HEARi< .<r DATE OF FEBRUARY 21, 2006 4~ I ~ ~ ~m ,'id TEA -, O +t v <nz v ( ~ I ^ 'O A ~ m C -. ~_ ~" ~~ ~~ 4 l! ~~ I N ~~ - _ - --u____.u ___- -------------- ~ii f8~ ~~ ~I;{j~~l;® m?i'il ~lao ee .®. of®ZJ ~ 9g te~p ~ 8 ~ $ t ~~ ~ # ~ ~ ~, ~~ k~o~ss~e ~ ~~ ~ d . ~ 7 f ~ 1 ~ k f Z ~ ~ d ~ i ~ =--'ate---~2 f~ ~c1~S ^t ..e. s ~ S ~ , t :% ~ ,n o -- ~~ o~ 1z ~t>D2~~~ €~?zi gA~m7 g E §~.i 3~ r*~ ~~g _ ~ @~ - O 8- D zz I o "" ~i o t ~; mg ~$ ~~ ~~ ~a H~ gn~ oe ~ eg % o' ~' /~ i.~/ aV .. $ yy~ ooS~ AS ~l r~ .~ ~~ ~ i /~ s m f I+ 9~ C W N ~~ V a 0 ~ } 3g~g~ 'nn`t i,~ ;gm ~m° ~~ ~~. I S 00'3a ~i' N ; 588.56' - 'POINT OF BEGWNiNr, A PARCEL A '~ ~' sc,+oc~ a,~m u raoar2 ~f N~.\ Exhibit C ll/ CITY OF MERIDIAN PLANIvuaG DEPARTMENT STAFF REPORT FOR THE HEARL.., DATE OF FEBRUARY 21, 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 the subject property to R-4. 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 public educational institutions are conditional uses within the requested zoning district of R-4. The accompanying Conditional Use Permit demonstrates that the land will be developed with uses and 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. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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 (iTDC 11-SB-3.E). City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. There are existing adjacent uses which are similar to the proposed use and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that annexation and zoning of this p~erty would be in the best interest of the Citv. 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D ~~ r CITY OF MERIDIAN PLANiv,~JG DEPARTMENT STAFF REPORT FOR THE HEARL.., DATE OF FEBRUARY 21, 2006 City Council finds that the site is 14.26 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Annexation and Zoning Findings #1 and 2 above. 3. 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. City Council finds that the proposed use as a public education institution complies with the uses conditionally permitted in the R-4 zone. The building height, parking layout, landscape buffer widths and other dimensional standazds shown in the application comply with the UDC. 4. 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 fords that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standazds. Traffic volumes will not significantly increase. ACRD has determined that there will be less than 10 additional trips generated per day. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation aze available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Pazks Department, Sanitary Services Corporation and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs aze expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Exhibit D CTI'Y OF MERIDIAN PLAN1~..~G DEPARTMENT STAFF REPORT FOR THE HEARS ~ DATE OF FEBRUARY 21, 2006 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Outdoor lighting is allowed in all districts of the City and the proposed public school athletic use is unique in nature and considered an asset to the community. City Council finds that if the City Council grants the requested variance, for exposed light bulbs for athletic field lighting, a special privilege will not be granted to the subject applicant because outdoor lighting, at an appropriate intensity and scale to the intended use, is allowed in all areas of the City. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are no physical characteristics of the site which affect the ability of the applicant to adequately light the proposed ballfields. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing exposed bulbs for Ballfield lighting on this site will not be detrimental to the public health, safety, and/or welfare. The applicant has made every effort to use the latest technology which minimises impacts on the surrounding properties. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. Exhibit D February 17, 2006 VAR 06-003 MERIDIAN CITY COUNCIL MEETING February 21, 2006 APPLICANT Hummel Architects ITEM NO. 24 REQUEST Variance to UDC 11-3A-11 C for exposed light bulbs for athletic field lights for Meridian High School Ball Fields - 1900 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 Recommendations / Findings No Comment No Comment MERIDIAN POST OFFICE: OTHER: See attached Letter from Paul Geile Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ RACE D MAR D g ~ppg CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER `aCi~~ Cf Meridian. ~.. `~ ;Clerk ®ffice ~` f ` '~ ~~ ~~ ~"~xa ;~ °.~ ~ d~ ~M ~, ~.. `~:ti$f ~~,~ 9 "- ~~.~a_a.Lar 4 Request for Annexation and Zoning (AZ) of 9.71 acres from RUT (Ada County) to R-4 (Medium-Low Density Residential), Conditional Use Permit (CUP) approval for a new Technical Education Center and ball fields to ezpand on the existing Meridian High School campus, and a Variance to UDC 11-3A-11C for ezposed light bulbs on the proposed athletic field lighting futures. Case No: AZ-OS-059, CUP-05-053, VAR-05-025 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 2/21/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 2/21/06 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-05-059, CUP-OS-053, VAR-06-003 -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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 Annexation, Conditional Use and Variance applications are hereby approved for the reasons cited in the Staff Report for the hearing date of 2/21/06; and, D. Notice of Applicable Time Limits (as applicable) 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 maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) 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 future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use 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-059, CUP-OS-053, VAR-06-003 -PAGE 2 of 4 Title 11. E. Attached: Staff Report for the hearing date of 2/21/06. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-059, CUP-OS-053, VAR-06-003 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~ 1 ~ ~ day of y 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED_~ ,~;~ /1 VOTED_ VOTED VOTED_~ VOTED ~'°- Mayor , e Weerd a~~~~ "~,~~ ~ , ~" ~,r~' ('~' ~sn i a~J ~ ti ` ` `. :J _ ~. ... irk "' ,= The Planniri' ~~~e~nfi~,,R~i~lic Works Department and City ~lpr•;.it4l (,, ~ By: N l C~~/~l dl's ~ 'l,' ~ Dated: ~ ~~ ~ ~ `"~ ~% City Clerk -~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-059, CUP-OS-053, VAR-06-003 -PAGE 4 of 4 CITY OF MERIDIAN PLANNttvG DEPARTMENT STAFF REPORT FOR THE HEARIi. _ DATE OF FEBRUARY 21, 2006 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: 2/21/2006 Mayor and City Council Josh Wilson, Associate City Planner M ,~ i~',' ~r~~~~~~ ~ i~ ~ lt~.~HCf f p ti,s°, y` "ti9s 8 4~F'e k v y ,,. .r~ Meridian High School Ball Fields and Technical Education Center • AZ-OS-059 Annexation and Zoning of 9.71 acres from RUT to R-4 zone • CUP-OS-053 Conditional Use Permit for ball field lighting adjoining a residential district and a new Technical Education Center • VAR-06-003 Variance to UDC 11-3A-11C for exposed light bulbs for athletic field lights for Meridian High School Ballfields 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST 'The applicant, Hummel Architects, has applied for Annexation and Zoning (AZ) of 9.71 acres from RUT (Ada County) to R-4 (Medium-Low Density Residential) and Conditional Use Permit (CUP) approval for a new Techtcal Education Center and ball fields to expand on the existing Meridian High School campus. The applicant is also requesting a Variance to UDC 11-3A-11C for exposed light bulbs on the proposed athletic field lighting fixtures. The site is located west of N. Linder Road, and north of W. Pine Avenue. This site currently contains one existing residence with vacant land. 2. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Margie Kennedy, Wendell Bigham, Don Nesbitt ii. In opposition: None. iii. Commenting: Paul Geile iV. Staff presenting application: Josh Wilson v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Design of ballfield lighting ii. Tiling of the Rutledge Lateral iii. Impact of proposal on adjacent properties c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. The applicant has requested that, per UDC 11-3A-6A3a, the requirement to pipe the Rutledge Lateral be waived by City Council; ii. The Variance request to UDC 11-3A-11C for exposed light bulbs on the ballfield lights. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR 06-003 PAGE 1 f ,~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~~ ilATE OF FEBRUARY 21, 2006 I move to approve File Numbers AZ-OS-059, CUF-OS-053, and VAR-06-003 as presented in the staff report for the hearing date of February 21, 2006, and the site/landscape plan dated October 13, 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-059, CUP-OS-053, and VAR-06-003 as presented in the staff report for the hearing date of February 21, 2006, and the site/landscape plan dated October 13, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Contin~ne (All Applications) I move to continue the public hearing for File Numbers AZ-OS-059, CUP-OS-053, and VAR-06- 003 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2090 W. Pine Ave. / North of W. Pine Avenue, west of N. Linder Road SE %, NE %, Section 11, T3N R1W b. Owner: Joint School District No. 2 911 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Hummel Architects 2785 Bogus Basin Road Boise, Idaho, 83702 d. Representative: Margie Kennedy, Hummel Architects e. Present Zoning: RUT and R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public and High Density Residential g. Description of Applicant's Request: 1. Date of CUP site/landscape plan (attached as Exhibit Al): October 13, 2005 2. Date of Building Elevations (attached as Exhibit AZ): October 5, 2005 h. Applicant's Statement/Justification (reference submittal material): The applicant has stated that the parcel has no public street frontage and is accessed through an easement across an adjacent property to the south. Because the parcel is easily accessible from the existing school campus which it bounds to the east, it is desirable to include it as part of the same school campus with the zoning designation of R-4. The Conditional Use application for a new "Technical Education Center" will be used to expand existing programs such as auto technology, welding, and horticulture, which have the potential of expanding beyond the capacity that they currently offer to the students. In addition, the Conditional Use application requests ball field lighting for a new varsity baseball filed, softball field, and football practice fields. The ball field lighting will be similar to the new lights at Mountain View High School and will only be used during game time. These lights have internal reflectors to mi imi~e sky glow and spread onto adjacent Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARD., DATE OF FEBRUARY 21, 2006 properties. During non-game times such as maintenance of the field, there will only be one lamp within the multi-lamp fixture that will be used. For the Variance request, the applicant states: "Per UDC 11-3A-11, outdoor light bulbs shall not be visible. With today's latest technology all athletic field are lit with similar types of light fixtures which all have visible bulbs. We have designed the height of the poles so that they are turned down onto the field and not shining across the field, preventing direct exposed bulbs looking at adjacent neighbors. These athletic field lights are designed to minimise side glare into adjacent lots, which no other light fixtures do. These light fixtures are similar and even better than the latest Mountain View High School. In order to achieve the light level and coverage needed for these ball games, athletic field lighting is our only option. WE believe these lights are the best solution for the public's welfare because of the control of the glare onto the playing field and not onto adjacent lots." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation, conditional use, and variance as determined by City Ordinance. A public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 30 and February 13, 2006 c. Radius notices mailed to properties within 300 feet on: January 27, 2006 d. Applicant posted notice on site by: February 11, 2006 6. LAND USE a. Existing Land Use(s): Vacant land and residences b. Description of Character of Surrounding Area: Existing single family residences and Meridian High School campus c. Adjacent Land Use and Zoning 1. North: Existing single family residences in Vineyards Subdivision, zoned R-4. 2. East: Meridian High School campus, zoned R-4. 3. South: Proposed townhouses in recently approved Arnke Subdivision, zoned R-40. 4. West: Existing single family residences in Haven Cove Subdivision, zoned R-4. d. History of Previous Actions: AZ-OS-025 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing mains in school property. Location of water: Existing mains in school property. Issues or concerns: Existing main is too small to generate adequate fire flows. A practice football field is shown over the top of an existing main. 2. Vegetation: Existing mature trees on property. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Nine Mile Drain and the Rutledge Lateral transverses the property. Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 3 CITY OF MERIDIAN PLAN1VllvG DEPARTMENT STAFF REPORT FOR THE HEAR)A.. DATE OF FEBRUARY Z1, 2006 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: Annexation: 9.71 acres; CUP: 14.26 acres f. Conditional Use Information 1. Non-residential square footage: 68,875 square feet 2. Proposed building height: 31 feet 3. Number of Residential units: None. g. Off-Street Parking (non-residential uses) 1. Parking spaces required: None. There is no parking required for non-residential uses in the R-4 zone. 2. Parking spaces proposed: 87 new; 921 total. 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: None. h. Proposed and Required Non-Residential Setbacks: Proposed R-4 Standard Front 20 feet 20 feet Street side N/A 20 feet Side 45 feet 5 feet Rear 133 feet 20 feet Max. Building Height 31 feet 40 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the building will be through the existing curb cut on Linder Road from the east, and through the existing curb cut on Pine Avenue from the south. 7. COMMENTS MEETING On December 16, 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 The Comprehensive Plan Future Land Use Map designates the property as "High Density Residential" and "Public/Quasi Public", and it is currently zoned RUT. The adjacent properties to the east are designated "Public/Quasi Public" and contain the existing Meridian High School Campus. Staff finds that the designations on the Comprehensive Plan Future Land Use Map are conceptual and it is reasonable to include the parcel which is designated "High Density Residential" with the adjacent "Public/Quasi Public" parcel designation. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (emphasis added)." New public and quasi-public uses should consider the land use designation and the surrounding land uses. The expansion of the school could be considered of similar or lesser intensity to a high density residential development. The following Comprehensive Plan policies apply to the subject application: Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 4 ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARD., DATE OF FEBRUARY 21, 2006 • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. 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 applicant's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has proposed a similar development relative to the immediate vicinity and the proposal is a logical expansion of the existing Meridian High School Campus. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists public education institutions 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 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 public education institution and ball fields. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on October 31, 2005 by Patrick Scheffler, 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 Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 5 ~ (. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARL.., DATE OF FEBRUARY 21, 2006 removed from their domestic service, per Ciry 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. CONDITIONAL USE PERMIT 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 public use will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Rutledge Lateral: The applicant has proposed to only pipe the portion of the Rutledge Lateral which crosses the subject property, and leave the portion that bounds the southwest portion of the property as an open waterway. UDC 11-3A-6A3 requires that all irrigation ditches, laterals, or canals which are intersecting, crossing, or lying within the area being developed, shall be piped or otherwise covered. UDC 11-3A-6A3a states that the City Council may waive the requirement for covering such ditch, lateral, canal, or drain, if it fords that the public purpose requiring such will not be served and public safety can be preserved. 2. Emergenc~Access: The Meridian Fire Department requires that emergency vehicles shall have access to within 150 feet of any structure or area of intensive public use, such as the press boxes and bleachers on the proposed baseball and softball fields. The applicant has not provided emergency vehicle access to the softball field on the site plan submitted with the Conditional Use Permit application. There appears to be several alternatives available to provide the required emergency access to the baseball field, and prior to the Planning Commission hearing on the subject applications, the applicant should meet with the Meridian Fire Department to discuss these concerns and be prepared to address these concerns at the public hearing. 3. Police Department Concerns: The Meridian Police Department has expressed a concern that an entrance to the proposed Technical Education Center located within the courtyard is not visible from the adjacent drive aisle. Prior to the Planning Commission hearing on the subject applications, the applicant should meet with the Meridian Police Department to discuss these concerns and be prepared to address these concerns at the public hearing. 4. Ball Field Li ts: UDC 11-3A-11 Outdoor Lighting sets forth standards for outdoor lighting that must be met by the ball field lights. The applicant should be prepared to address the impact of the lights on adjacent properties and discuss how the light fixtures will comply with UDC 11-3A-11 at the public hearing. All light fixtures which have a maximum bulb output of 1,800 lumens or more shall have an opaque top to prevent up- lighting, shall have a full cut-off shield and the bulb shall not be visible. The effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. Light fixture details and photometric test. reports which demonstrate compliance with the regulations set forth in UDC 11-3A-11 will be required with the Certificate of Zoning Compliance application. Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 6 (. ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR>r... DATE OF FEBRUARY 21, 2006 VARIANCE ANALYSIS: Staff finds that the following UDC sections are pertinent to the Variance application: 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Outdoor lighting is allowed in all districts of the City and the proposed public school athletic use is unique in nature and considered an asset to the community. Staff fords that if the City Council grants the requested variance, for exposed light bulbs for athletic field lighting, a special privilege will not be granted to the subject applicant because outdoor lighting, at an appropriate intensity and scale to the intended use, is allowed in all areas of the City. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are no physical characteristics of the site which affect the ability of the applicant to adequately light the proposed ballfields. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing exposed bulbs for balfield lighting on this site will not be detrimental to the public health, safety, and/or welfare. The applicant has made every effort to use the latest technology which minimizes impacts on the surrounding properties. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. b. Staff Recommendation: Staff recommends approval of AZ-05-059, CUP-OS-053, and VAR- 06-003 for Meridian High School Ball Fields and Technical Center as presented in the staff report for the hearing date of February 21, 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. E~~ITS A. Drawings 1. CUP Site/Landscape Plan (dated: October 13, 2005) 2. Building Elevations (dated October 5, 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 Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 7 ~ r CITY OF MERIDIAN PLANNSNG DEPARTMENT STAFF REPORT FOR THE HEARII~... ilATE OF FEBRUARY 21, 2006 D. Required Findings from Zoning Ordinance Meridian High School Ball Fields and Technical Center AZ-OS-059, CUP-OS-053, VAR-06-003 PAGE 8 ,. CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIv.r DATE OF FEBRUARY 21, 2006 ~ A. Drawings 1. CUP Site/Landscape Plan (dated: October 13, 2005) -Zi Rf ~; ~I! +~ i ~ i ~,: i; j .~k .~ .f' ~' I ~ p -1 11 ( ~ A[~ ~~ ~ ~ r~~ 1~~ ~,m~ ~i(~~~~ F I gg€ ~/ 4~ I l „~ -~, ;,. Ilii' ~~u~il!,ullulll!f'i l~~f~ ~° ".:9e - ----- _ = ii'fiif+~;ltt+li!~I~~Il~ftt~il~+Nl~)I~II~~ . ~~- :~ ~ ~ fNf'~~+f!i,ll#f~f~N~Ht~f~tfiffif~°' i~ _l _~= $ -~~ air " ~ 1 .. I ~ ' ~,,. ~ ~ , if F ~~I ,,,~t~ftH~lf~llN+N+I-! ~1~r~~'ia~ ~ ~ (~~, 1~ ,,~. I ! , ~ r s.>:a~.+~ilifi~l~ 1:!!~{ ~"1 ~1 i, JIr~.+. ~ ( ~ ~ ~ I i ( ~ ., _ 1~ _ ,~ ~~ _ - ~,-_- - I _ _ ~ ~-- -. r~ =,~~- `~ ~" ~ ~ ~ t ~ f ~° ' ~ ~ ? f°i I ~di_-.._ _., _._ .__._--- -. - ~• ooaa~ ~~~:e PEk.P4E', e. ~, ~~~~ ~ ~~~ Exhibit A CTI'Y OF MERIDIAN PLANtv.rlG DEPARTMENT STAFF REPORT FOR THE HEAitli..J DATE OF FEBRUARY 21, 2006 2. Building Elevations (dated: October 5, 2005) ~ ~~ ~~~ ~g ;~ 4 ~ ' g~ n ~~ ~ ~ i ____ _ __ eon cos i PREL1AHtdARY ~ ' 9 9 ~~ ~ ~ e 1 ~:W lg~~ . _- I J ~o ~ Exhibit A CITY OF MERIDIAN PLANNuYG DEPARTMENT STAFF REPORT FOR THE HEARIIrv DATE OF FEBRUARY 21, 2006 • 0 a~ :y@~ OyY Z n 8~ iA ~~ QC h GO' CDs _-_ -_ _ Lrl...'~___ _._ ~aAEL1MiiJA0.Y ii E ' ~ a a a ifp G m, 9~ •~ ~! a; 4 Z i ~~ 1~ ~~~ !~1@1lIII~I~@~ al~~a~~~a !'1 ~ A ~' a ! 1 I E I ~ Exhibit A CTI'Y OF MERIDIAN PLA I~,uQG DEPARTMENT STAFF REPORT FOR THE HEARli..i DATE OF FEBRUARY 21, 2006 A fie .~ m i A Bt f= :~ _._ ._. - ----- I - - __ -- ,_,_ _ L ~ - - _ - - _ --- ~m cos ; ~d d' 'df fir? I~d~d~' FREtIMINAitY 9 9 6 ga;~ g l !~ '~v ~W ii i ~i ~, ~ ~ o y~- ~ Exhibit A CITY OF MERIDIAN PLANI~,~~.(G DEPARTMENT STAFF REPORT FOR THE HEARL.J DATE OF FEBRUARY 21, 2006 'B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. 1.2 The applicant shall submit light fixture details and a photometric test report which demonstrates compliance with UDC 11-3A-11 with the Certificate of Zoning Compliance application for the ball fields. 1.3 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 1.4 If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 Comply with the conditions and comments of all City Departments, and other agencies. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of existing mains already on school property. 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 The City of Meridian has an existing sewer trunk and easement that the submitted site plan shows a practice football field being built over. The applicant shall coordinate with Public Works, during civil plan review, an acceptable solution for access and maintenance of this section of sewer trunk. 2.3 Water service to this site is being proposed via extension of existing mains in the schools property. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.4 In order guarantee adequate fire flows a looped water system may be required. Upsizing of the existing 6-inch main to 10-inch shall be required. 2.5 Provide a 20-foot easement for all public water/sewer mains 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 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. 2.6 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. Exhibit B CITY OF MERIDIAN PLA1~ir~~.fG DEPARTMENT STAFF REPORT FOR THE HEARn.,i DATE OF FEBRUARY 21, 2006 Plans shall be approved by the appropriate irrigation,Edrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 2.7 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. 2.8 The applicant has not indicated how the storm drainage from the proposed access roads will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 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. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. 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 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. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 4. 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. Exhibit B f~ ; CITY OF MERIDIAN PLANPv.,v G DEPARTMENT STAFF REPORT FOR THE HEARll.., DATE OF FEBRUARY 21, 2006 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. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 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. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knox box entry system for the complex prior to occupancy. 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 4. POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 6. SANITARY SERVICE COMPANY 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 1. Approved with no conditions. Exhibit B (` CITY OF MERIDIAN PLANIvu~G DEPARTMENT STAFF REPORT FOR THE HEARi.. ~ DATE OF FEBRUARY 21, 2006 Exhibit B CITY OF MERIDIAN PLANIv,iJG DEPARTMENT STAFF REPORT FOR THE HEARi~,.r DATE OF FEBRUARY 21, 2006 C. Legal Description Project No. OS-178-02 Description for Meridian Joint School District No.2 Schlekeway Annexation Parcel October 31, 2005 A parcel of land located in the Northeast 1!4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County,ldaho, more particularly described as follows: Commencing at the East 1/4 corner of said Section 1 t, from which the center 114 of said Section 1 I bears North 89°11' 16" West, 2655.19 feet; Thence along the South line of said Northeast 1!4 of Section ! t North 89°l t' 16" West, 1326.35 feet (formerly described as being West, 1326.35 feet) to a point; Thence North 0°34'21" East, 731.70 feet (formerly described as being North 0°02' East, 731.70 feet} to the intersection with the centerline of an irrigation ditch; said point also being the REAL POINT OF BEGINNING; Thence along the centerline of said irrigation ditch the following courses and distances: Thence North 86°23'5$" West, 29.48 feet; Thence North 67°00'55" West, 54.67 feet; Thence North 63°27'43" West, 102.21 feet; Thence North 75°28'57" West, 49.80 feet; Thence North 70°19'27" West, 48.91 feet; Thence North 73°29'51" West, 52.10 feet; Thence North 83°59'22" West, 44.75 feet; Thence North 76°37'29" West, 56.19 feet; Thence North b9°51'24" West, 45.67 feet; Thence North 73°09'01" West, 212.23 feet; Thence North 65°28'59" West, 51.37 feet; Thence North b8°48'53" West, 63.46 feet to the beginning of a curve to the right; Thence along said curve to the right an arc distance of 52.40 feet, said curve having a radius of 110.00 feet, a central angle of 27°17'4(1", and a chord bearing and distance of North 55° 10'03" West, 51.91 feet; Thence North 41 °3l' 13" West, 50.97 feet; Thence ~+Iorth ~=4~=1t~.~S" ~~§'est. Zdd~.(i=1 feet: Exhibit C CITY OF MERIDIAN PLANN.,vG DEPARTMENT STAFF REPORT FOR THE HEARh. ~ DATE OF FEBRUARY 21, 2006 Thence North 44°10'S9" West, 145.24 feel to the intersection with the North line of the Southwest 114 of the Northeast i /4 of said Section 11 (said centerline of irrigation ditch formerly described as being the following courses: North 86°17' West, 42.28 feet; North 64°40'30" West, 144.00 feet; North 72°SS'30" West, 144.66 feet; North 83°46' West, 69.01 feet; North 73°24'30" West, 88.16 feet; North 73°24'30" West, 219.16 feet; North 67°35'30" West, 133.40 feet; and North 45°26'30" West, 417.29 feet); Thence Leaving said centerline of irrigation ditch and along the said North line South 89°24'32" East, 1126.24 feet; Thence South 00°34'21" West, 588.56 feet to the REAL POINT OF BEGINNING. Contains an area of 9.71 acres, more or less. Prepared By: R E V ~.-~~\ BY i t c ~I i'~~<~. ~ WOft~KS DEPT.IC Exhibit C Patrick J. Scheffler, PLS CITY OF MERIDIAN PLANh.rdG DEPARTMENT STAFF REPORT FOR THE HEAR(:..f DATE OF FEBRUARY 21, 2006 I ~ ga s ~ ~R c; ~~ gt a ! 26 ~f~~ - $ ~ ~ { ~~Q ~ ~z s~ ~ H " $~ app6g:ei i@ ~ R~ s? s ~' n € s r~~ b + ~ i= •' '~' z3sat. ea a~~ r~I;~ ~m o~ ~a xm -n z 6 ~~ me ~~ n C~ ~ I I '' i i~!i, '~ .t a 5 st ? -r ~ t 6 t r 9' ~ : ` s/~ ..~ ;'m ~~ /a ~. -~~ t ,^ 0 s Exhibit C CITY OF MERIDIAN PLA1VIru~G DEPARTMENT STAFF REPORT FOR THE HEARL,., DATE OF FEBRUARY 21, 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 the subject property to R-4. 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 public educational institutions are conditional uses within the requested zoning district of R-4. The accompanying Conditional Use Permit demonstrates that the land will be developed with uses and 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 fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this 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, 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 (LTDC 11-5B-3.E). City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. There are existing adjacent uses which are similar to the proposed use and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that annexation and zoning of this p~erty would be in the best interest of the Citv. 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located Exhibit D ~ (. CITY OF MERIDIAN PLANI~.iJG DEPARTMENT STAFF REPORT FOR THE HEARL..r DATE OF FEBRUARY 21, 2006 City Council finds that the site is 14.26 acres and is lazge enough to accommodate all required pazking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Annexation and Zoning Findings #1 and 2 above. 3. 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. City Council fords that the proposed use as a public education institution complies with the uses conditionally permitted in the R-4 zone. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application comply with the UDC. 4. 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 the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will not significantly increase. ACRD has determined that there will be less than 10 additional trips generated per day. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Pazks Department, Sanitary Services Corporation and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs aze expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLAM~,uaG DEPARTMENT STAFF REPORT FOR THE HEARi~ ~ DATE OF FEBRUARY 21, 2006 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. There are some mature trees on this property. 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 in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Outdoor lighting is allowed in all districts of the City and the proposed public school athletic use is unique in nature and considered an asset to the community. City Council finds that if the City Council grants the requested variance, for exposed light bulbs for athletic field lighting, a special privilege will not be granted to the subject applicant because outdoor lighting, at an appropriate intensity and scale to the intended use, is allowed in all areas of the City. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are no physical characteristics of the site which affect the ability of the applicant to adequately light the proposed ballfields. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing exposed bulbs for ballfield lighting on this site will not be detrimental to the public health, safety, and/or welfare. The applicant has made every effort to use the latest technology which minimizes impacts on the surrounding properties. Ballfield lighting was simply not taken into consideration when the lighting regulations for the City were adopted. Exhibit D