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2006-05-02
1. 2. 3. 4. 5. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 2, 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." Roll -call Attendance: X Shaun Wardle Joe Borton Charlie Rountree Keith Bird X Mayor Tammy de Weerd Pledge of Allegiance: Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of April 25, 2006 Pre -Council Meeting: B. First Addendum to Development Agreement: MI 05-018 Miscellaneous request to amend the previously approved Development Agreement for Cottonwood Lane Annexation (AZ 04-029) by William Colson, Hugh Colson Revocable Trust and Meridian Premier, LLC — 985 East Freeway Drive: 0,,,OPr®vw, C. Resolution No. 4'5741�— -l9 VAC 06-005 Request for a Vacation of a public utilities, drainage and irrigation easement between Lots 4 and 5, Block 2 for Gemtone Center Subdivision No. 2 by Petra Contractor —1055 and 1097 North Rosario Street: D. Task Order, Scope of Work and Budget for the North Black Cat Trunk and Lift Station Authorization for Additional Services No. 2 with JUB Engineers, Inc.: g,,p,1jyvvw Meridian City Council Meeting Agenda — May 2, 2006 Page 1 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. System to Andritz-Ruthner, Inc.: T �J 9C,& &V 5iaer Contract with Mike Rice Excavation for Construction of Parkway Subdivision Pressure Irrigation Interconnect: 6. Department Reports: A. City Council President — Shaun Wardle 1. Idaho Power Company Update by Layne Dodson: B. Mayor's Office 1. Proclamation for Motorcycle Awareness Month: C. Planning Department — Anna Canning 1. Timing Issues Related to Code Enforcement: d41C4,e--rr _c - 7. Items Moved from Consent Agenda: 2 — 8. Appeal Hearing for Order to Remove Junk Vehicle by Steven Cady with Meridian Chert' Lane Mobile Home Park: � h /_0 3- _7,,p,6 9. Request for Reconsideration of Approval of a Variance to allow Right In Right Out Access on South Meridian Road for Meridian Gateway by White -Leasure Development Company: 10. Request for Reconsideration of Denial of a Variance to the city code to allow access onto Eagle Road for Bienville Square Subdivision by Red Cliff Development, LLC: 0&e�,6,00j,,e- a�'r'', v_ 11. Findings of Fact and Conclusions of Law for Approval: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R- 8, R-15 and C -G zones for Bienville Sguare Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: a-79)" ` 12. Findings of Fact and Conclusions of Law for Approval: RZ 05-019 Request for a Rezone of 10.05 acres from C -G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: a)*12,raove 13. Findings of Fact and Conclusions of Law for Approval: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Meridian City Council Meeting Agenda — May 2, 2006 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: a perry V,? - 14. Findings of Fact and Conclusions of Law for Approval: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 15. Findings of Fact and Conclusions of Law for Approval: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 16. Findings of Fact and Conclusions of Law for Denial: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 4111"W %e- 17. FP 06-019 Request for Final Plat approval of 12 residential building lots and 5 common lots on 5 acres in a R-4 zone for The Reserve Subdivision by Jake Centers — 5955 Locust Grove Road: al�-rvvw 18. FP 06-018 Request for Final Plat approval of 48 residential building lots, 2 commercial lots and 4 common lots on 11.44 acres in R-8, C -N and C -G zone for Champion Park Addition by Champion Addition, Inc. — 2740 East Ustick Road: 19. Continued Public Hearing from March 21, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C -G zone for Ada County Highway District Ustick Road Property by the Ada County Highway District — 3595 East Ustick Road: 20. Continued Public Hearing from April 4, 2006: ZOA 05-002 Request for a Zonina Ordinance Text Amendment with the areas to be amended include: the Definitions of collector streets, adult entertainment, and net density; the standards for the Traditional Neighborhood Residential Districts; the fence standards; the table detailing the Decision -Making Authority by Application; changes to application requirements; how to measure block length; screening and chainlink fencing; requirement for certificates of zoning compliance; off-street parking space standards and measurements; off-street loading space requirements; family day care standards; and sign standards for family day care by the City of Meridian Planning Department: ��r Vim, 21. Continued Public Hearing from April 4, 2006: Amendments to the Pawnbroker Ordinance: cl,kuL roti, Meridian City Council Meeting Agenda — May 2, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 22. Public Hearing: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use -Regional, by the South Eagle Road and Victory Road Property Owner's Alliance — Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: �-�-7`iya c�e��/lc, / -7_Cl®06 23. Public Hearing: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed - Use Community by Conger Management Group — 675 and 715 South Wells Street: Cal" t PEZu'i A. Jer— 6—®45� 24. Ordinance No. &'��' l 2 2 : Adding Title 6, Chapter 2, Section 9 of the Meridian City Code Regarding; Voluntary Relinquishment of Dogs and the Fee Therefore: 25. Ordinance No. a16— 12-3® Amending Title 3, Chapter 5, of the Meridian City Code Regarding: Definitions of Pawnshop and Related Terms, Pawnshop Licensing Regulations, Appeal From Denial of License, Inspection of Pawnshop Premises, Records, Prohibited Acts by Pawnbrokers, Prohibited Acts by Pawnshop Patrons, Exempt Transactions, Proving for a Penalty for Violations: a 1l, -Y -r V.<- 26. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): kwe /®s 'f,9,-',', 10, Meridian City Council Meeting Agenda — May 2, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 Meridian City Council Meetina May 2, 2006 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, May 2, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Bill Musser, Joe Silva, Len Grady, 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: Okay. I will go ahead and call this meeting to order. It is Tuesday, May 2nd. It's a few minutes after 7:00. We'd like to welcome you here this evening. I will start the meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Today we will be led in the pledge of allegiance by the Boy Scout Troop 306. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: De Weerd: Young men, if I could give you a pin for the City of Meridian for leading us in the pledge. Thank you so much. Okay. Item 3 is our community invocation. We will be led tonight by Pastor Randy Rodes. He is with the Meridian Vineyard Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Rodes: Mayor de Weerd, thank you, and the City Council. Thank you very much for letting me come this evening. Let us pray. Father God, we just thank you for the opportunity of living in this great community and these people who lead and make decisions on behalf of this community have an awesome task. Lord, we ask that as they make these decisions this evening they will draw upon your wisdom and that you will guide them in each and every case that comes before them. Lord, we pray that you would just keep your hand upon our community as we continue to move forward. We ask for your protection over all that goes on in the City of Meridian and all that concerns Meridian City Council • May 2, 2006 Page 2 of 65 0 it. We thank you for the leadership of Mayor De Weerd and these people. Lord, we pray that you would keep your hand upon them now throughout this meeting this evening and we commit it to you in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: We have a number of changes, so if you will bear with me for just a moment. On the Consent Agenda I have Resolution 06-518. Item E on the Consent Agenda is going to be moved to Department Reports. I'd like to add Department Reports D, Public Works, to include Item E from the Consent Agenda. In addition to that, item two will include water and sewer rates report from the department. Item No. 19 on our regular agenda has asked to be continued to May 9th per the applicant. And just would also like to remind the public that Items 22 -- 22 and 23 will be continued after a brief discussion as to where they are at in our process. And with that I would move that we approve the agenda. Rountree: Second. De Weerd: Okay. We have a motion in front of you to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 25, 2006 Pre -Council Meeting: B. First Addendum to Development Agreement: MI 05-018 Miscellaneous request to amend the previously approved Development Agreement for Cottonwood Lane Annexation (AZ 04-029) by William Colson, Hugh Colson Revocable Trust and Meridian Premier, LLC — 985 East Freeway Drive: C. Resolution No. 06-518 VAC 06-005 Request for a Vacation of a public utilities, drainage and irrigation easement between Lots 4 and 5, Block 2 for Gemtone Center Subdivision No. 2 by Petra Contractor — 1055 and 1097 North Rosario Street: Meridian City Council May 2, 2006 Page 3 of 65 D. Task Order, Scope of Work and Budget for the North Black Cat Trunk and Lift Station Authorization for Additional Services No. 2 with JUB Engineers, Inc.: F. Contract with Mike Rice Excavation for Construction of Parkway Subdivision Pressure Irrigation Interconnect: De Weerd: Okay. Item 5 is our Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve the Consent Agenda with Resolution Item C, 06-518, and the deletion of Item E. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda as changed. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council President — Shaun Wardle 1. Idaho Power Company Update by Layne Dodson: De Weerd: Okay. Item 6. Department Reports. We will start with A. City Council. President Mr. Wardle. Wardle: Thank you, Madam Mayor. Layne Dodson with Idaho Power has asked if he could give us a brief update as to some of the plans that the power company has. So, as my prerogative I'd like to invite Layne up for a presentation. Dodson: Thank you. Madam Mayor, Members of the City Council, appreciate the time on the agenda for this evening to talk about Idaho Power issues with -- before the City of Meridian. But before I begin my remarks, I just -- I wanted to state how impressed I am with the number of youth that are attending your meeting and the involvement that you have got out here and how old it makes one feel. Let me pass these -- I have got a few maps that might be of interest. Meridian City Council May 2, 2006 Page 4 of 65 • De Weerd: We appreciate the government teachers giving extra credit to attend. You can see who's struggling or scrambling to get extra points; correct? Dodson: Well, if you don't mind, you might want to call my boss. I could probably use a couple extra credit points myself. But for those that I may not know, my name is Layne Dodson with Idaho Power. I'm the community relations representative for this area and I certainly appreciate the time on the agenda. There is an awful lot going on out here and, thankfully, I think we are keeping up with it. I just wanted to give you a brief update on some few projects and some issues that we have that are not major, but just some tidiness that we want to take care of. I have been working recently with the City Clerk on annexations, as, certainly, an awful lot of activity with subdivisions being annexed. I think from a company standpoint we are keeping up with all of the annexations and notices that are coming our way. Crucial because of the franchise fee issue that we collect, the one percent of the power bills, and pass that back to the city. Your revenues are up from '05 for the first quarter from 52,000, roughly, up to 64,000. There is the growth issue there, plus, of course, the rates had a little increase last year, too. So, that influenced that. But I think the accuracy of the franchise fee accounting is quite good. We have a couple of subdivisions that we need to correct, those that -- Vienna Woods and there is another one out on Locust Grove that was approved — were approved by the county and annexed by the city later and we found that. So, we have got a few bookkeeping things we need to take care of to get those onto the books. But, overall, I think that process is working well. The clerk and I had a discussion about making sure that we get existing addresses included on any of the annexations, that they notify us, we will make sure that we get those coded and start collecting fees on them. Another issue that's coming up as of June 1st, new rates that go into effect. We have a power cost adjustment on the rates, which will, actually, reduce your power bills going forward this next year, thanks to a good snow pack and low cost energy we have had over the last year. There are a couple of things that I would mention that are going to be impacting the City of Meridian and it has to do with streetlights. We have got a provision in there where on any streetlight circuitry that has a possibility for variable loads, such as an outlet on a streetlight that's not a metered circuit right now, we need to clean those up. The commission has asked us to take care of any non -metered circuits that have variable loads, such as Christmas lights, holiday lights, any plug -ins that could be used, you know, usage other than street lights. So, that's occurring, you know, possibly in the downtown area, as well as subdivisions that streetlight circuitry is being installed by the contractors out there as part of the subdivision and they are installing those lights out there. So, if there is a non -metered circuit, we are going to have to address that. So, we will follow up. I don't know what the impacts are going to be, but we will be doing an audit of that this year. We will have a five year period to convert to make sure all those are compliant. So, it's not like we have to rush out and do it all at one time. So, that's going to be a partnership between the city and the company on that. De Weerd: Now, when you identify those, you will get a hold of the party that it's associated with and let them know? Meridian City Council . May 2, 2006 Page 5 of 65 Dodson: Correct. De Weerd: Okay. Dodson: Yeah. So, we have got an audit process we have got to go through first, find out how big the problem is. It's -- you know, it's companywide, so we are going to have a lot of communities to be dealing with. But, yes, we will do an audit and notify the parties that need to be concerned about that. De Weerd: Okay. Thank you. Dodson: So, we have got a -- that's a five year grace period for that, thank goodness. And, then, we have got this issue that everybody's confronting as growth. Got the map on the board there. I think the good news is with the City of Meridian at this point, the company has very good capacity installed and in place to accommodate growth that's occurring here, both the residential and industrial. We have got substations and transmission lines in place right now to service this and we are planning future growth. We have three substations -- actually, four substation sites that we have acquired and have permits. Three of them within Ada County and one within Canyon County. One of those is the Hillsdale substation located on Eagle Road and Amity or -- yeah, Amity. Columbia substation is on Columbia Road and the Kuna-Meridian Highway. Amity substation is on Amity near Ten Mile. And those are all in Ada County and they all have been permitted by Ada County and so those are in position. So, as we need them that we will construct at that site. The other substation that comes into play for Meridian would be the Cherry substation located in Canyon County over on Cherry Lane near Can -Ada. That will actually feed towards east and pick up some of those loads over in the far west side of Meridian. And so those are in place and that, essentially, fills out the electrical infrastructure that we anticipate for the City of Meridian going forward for the long term. So, I can't say this for a lot of jurisdictions, but I think we are just about there. We have got the parts and pieces in place as far as substations. We do have some right-of-way issues on transmission lines that we will have to deal with, but once we get those dots out there and the sites selected, we can easily get -- get the right of way to build the lines, even if we have to put it in road right of way. So, I'm very optimistic going forward that we are in good shape to meet future electric demands here in Meridian. There are a couple of sites that you might see on your map, the Robinson site and McMillan site, and both of those will, eventually, fill the service load for Meridian and those have not yet been acquired. So, those dots don't necessarily represent a site that we have to have in that location, but more or less just a general area, if you will, so -- a couple of small projects in Meridian this year as far as transmission lines. We are upgrading the line from the Meridian substation that's located there on Franklin right across from the Chamber of Commerce building going west to the Black Cat substation. That line will be upgraded. It's already in place. It will be upgraded right in the existing alignment and, then, after that one's done, then, we are headed towards Cloverdale substation, which is on Cloverdale and Franklin. Lines are already in place, we are just upgrading the conductors and poles there. And last, but not least, we have -- we are just about to wrap up our Treasure Valley electric plan. We have assembled quite an Meridian City Council May 2, 2006 Page 6 of 65 extensive community advisory group. Anna's attended a couple of those meetings for us. We appreciate her participation and they are advising us on how to -- how we are going to meet this future infrastructure need to serve the Treasure Valley, essentially, from Mountain Home to Emmett and Ontario and give us some recommendations on how they think we ought to be serving that with very -- you know, very high voltage transmissions and generation, man -side management programs, that type of thing. And they have been -- the community's been very helpful and we have had great participation through that. We have had a series of about eight meetings, we have a couple more left, and we expect to have a report out this fall on that and that's been a very -- I think all the committee members learned a lot during that and we sure learned a lot from them, that's for sure. We have a tremendous amount of work going on in the Meridian city limits with the new subdivisions that we are putting in, so you will see a lot of contractors, you will see our crews out there. We have just -- we just keep emphasizing safety to our employees and to our contractors where there is so much work, but we are not going to compromise the safety of the communities, our customers, our employees, to get it done. We will get it done in a safe and -- you know, safe manner. We certainly appreciate any watchful eyes that -- if you see something that doesn't look right, please, let us know. We have got a lot of contractors and they have got new people, so I hope we are doing business, you know, up to your standards. Certainly, if you see something that doesn't meet with us, please, give us a call so we can address it. De Weerd: You will be the first to know. Dodson: Appreciate that. De Weerd: Layne, do you have on your committee someone from the road department, from ACHD or ITD? Dodson: We do. De Weerd: So, these two stations that you still need to acquire on McDermott, you are aware of the future -- Dodson: Absolutely. De Weerd: -- transportation corridor and that sort of thing? Dodson: Yeah. In fact, one of the criteria that our community advisory committee has emphasized is they want us to utilize existing corridors where possible for transmission lines, be it existing power line corridors or transportation corridors. And so that's -- that's probably one of the reasons that that's over in that area. But, once again, Mayor, just keep in mind that those -- where those future sites are, those dots are, the sites to be acquired, we still need to find a willing seller out there in those locations in order to site those facilities. So, that could move. Meridian City Council May 2, 2006 Page 7 of 65 De Weerd: Well, it is hoped that all of our utilities can work in concert in getting these easements and places to put your lines and -- because we have that same challenge ourself with our sewer and our water. So, I know that is a challenge, but we would all do better if we work together. Dodson: Well, we certainly appreciate those comments and we work really hard with the other utilities and these maps that you see in front of you, these are maps that we'd just dearly love to incorporate into your Comprehensive Plan, so your residents know where those sites are, where the power line corridors are going to be and we will work with the planning and zoning folks to make sure that that takes place. But I think once we get that -- those sited and there is an expectation, it's certainly much more palatable to the residence when we actually have to build those lines. De Weerd: Anna, is it too late to include it in the update that we are just now doing in the north -- on the north side? Canning: Yes, ma'am, it's too late to include it in North Meridian, but we can certainly fold it in with the next one and the next cutoff is in June. Will we have the plan ready by June, Mr. Dodson? Dodson: Mayor, we probably won't have the plan ready at that point, but we can certainly provide a future acquisitions map and a long range planning map that would be appropriate for a Comprehensive Plan. De Weerd: Okay. Yeah. Because a couple of our dots flow, too, so -- Dodson Great. All right. De Weerd: Okay. Any questions, Council? Bird: I have none. Rountree: No. De Weerd: Thank you. Dodson: Well, we certainly appreciate the opportunity and we will try to do this at least once a year to keep you up to speed on the issues and projects that are coming across the Meridian area with -- you know, in regards to Idaho Power, so thank you again. B. Mayor's Office 1. Proclamation for Motorcycle Awareness Month: De Weerd: Thank you. Okay. Item 6-B. I have a proclamation. It is motorcycle awareness month and so I have a proclamation for that. Whereas, the motorcycle is an Meridian City Council • May 2, 2006 Page 8 of 65 11 energy efficient vehicle which conserves fuel, reduces urban traffic, and parking congestion and treads lightly on the overworked road system and, whereas, the motorcycle is an important and economical mode of transportation involving such activities as commuting, touring, and for recreation and can be an aid to agriculture and, whereas, the motorcycle promotes tourism and friendship by attracting riders from throughout the United States and many foreign countries through various clubs and organizations and, whereas, motorcycles lack the protective armor of trucks and automobiles, which increases the risk of serious accidental injury and death of motorcyclists, all motorist need to operate with caution near motorcycles and, whereas, due to the increased number of motorcycles on the roads and highways of our state and throughout the nation and because motorcycle awareness and safety is a concern to all, it is appropriate to set aside a time to alert motorists to the number of motorcyclists on the roads and to help motorcyclists become aware of the ways they can promote safety. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2006 to be Motorcycle Awareness Month in the City of Meridian and urge all of our citizens to be aware of and support the various rallies and events for the safety and awareness of motorcycles in our community. This is signed this day of May 2006. This is being proclaimed throughout the state, as asked by our governor. We all know he is a motorcycle enthusiast, but they are a danger. We need to keep recognition of our motorcycles on the road as we change lanes, as we turn comers, and all of that. So, we all are more aware. Thank you, Council. C. Planning Department — Anna Canning 1. Timing Issues Related to Code Enforcement: De Weerd: Item C is our Planning Department. Anna. Canning: Madam Mayor, Members of the Council, some of this is just to give you an update and, then, to ask you a question at the end. Just wanted to let you know that code enforcement, planning, and legal staff have been meeting on a monthly basis now since about November, I believe, and we are coordinating and working together almost seamlessly it seems like, we just kind of hit a point where we are working really well together and we are trying to resolve all the kind of consistency issues that we face on a regular basis. One of those is with regard to businesses that start up either without getting proper approvals or they start up where they are not supposed to start up and usually the remedy for those -- there is four remedies. One is a certificate of zoning compliance. One is an accessory use permit, a Conditional Use Permit, or a rezone. Those are, basically, the four options that those -- that businesses that start up that shouldn't have have. So, we send a letter, we say you have ten days to tell us what you want to do to remedy the situation and if they are going to make application for one of those things, then, we give them another 30 days to pull that application together. But the first thing they always ask is, well, while you're processing the paperwork, can we keep our business going? We haven't had a definitive or consistent answer in the past. So, we are looking for some policy guidance from Mayor and Council on that issue. For a couple of them, like certificate of zoning compliance or accessory use, it seems very Meridian City Council . May 2, 2006 Page 9 of 65 • reasonable that they will be able to meet their conditions of requirement and could proceed until they get those done. Rezone, on the other hand, is much less certain that they will actually get to the place they need to get that business going in the end, because a lot of times it requires a Comp Plan amendment, along with that rezone. So, that one we would recommend that they not be allowed to continue. And, then, there is conditional uses kind of somewhere in between and that's the one where we'd like some guidance from you all as to whether you would like those to continue or -- while we process the paperwork or have them close down until we can get it done. And with that I will end my presentation, unless you have more questions. We are just trying to give a consistent answer. De Weerd: Anna, can you give examples of situations with the Conditional Use Permit? Canning: A lot of times a day care will have too many kids in it. They will have eight, instead of the six they are allowed. That would be a Conditional Use Permit. Sometimes they end up going into an existing tenant space, just kind of moving in there, not knowing that it requires a Conditional Use Permit. Since we have so many fewer conditional use permits, we get less -- fewer of those, but ones where they may decide to use a drive-thru or they have built a drive-thru and not told us and, then, they need to go and ask us for permission to have the drive-thru. De Weerd: So, they have built it without a building permit? Canning: Well, they just didn't tell us it was going to be a drive-thru. This happened recently, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Maybe to supplement a little bit from what Mrs. Canning is saying, you know, we are trying, I guess, from a consistency standpoint, to avoid the asking for forgiveness rather than permission and we are seeing a little bit more of that lately of some behaviors of whether it's an accessory use or conditional use, I mean to take the example that Mrs. Canning stated, you know, if a day care had eight children, instead of six, that may not seem very significant, if they -- but for us to be consistent, eight and, then, 12 or eight and 20 are still of the same violation and we want to make sure we can apply that fairly across the board, so that we don't get people that push the envelope further and, then, allow that to continue in the two or three months it might take to go through the process, to go through some of the accessory use permit types of uses are, generally, I guess, a little less troubling, sometimes, to allow to continue versus the conditional uses or, as Mrs. Canning stated, the rezone. And I think it's just trying to get a sense from you and the Council as to your comfort level and us trying to apply the same standard across the board. De Weerd: Thank you, Mr. Nary. Council, any ideas, feedback for staff? Meridian City Council • . May 2, 2006 Page 10 of 65 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess I will kick it off. I agree with the statement that a use -- accessory use, any type of business that needs a rezone, in most cases it would seem that that -- the use would be inconsistent with the surrounding properties and that's why they would need that. So, I can understand that the cease of business, unless there was certain mitigating circumstances in that case. The conditional use -- I think it's difficult to make a blanket policy. I would say that my sense would be I would like to see in all cases, if it's possible, to have that business continue as we have shortened our conditional use process and I think we have made it a little less egregious than it used to be. I guess in my mind that doesn't cover all the circumstances that I can think of. So, I don't know how you can make a blanket policy statement out of that. Canning: So, if I might interpret that a little bit, it would be to allow conditional use to go, unless we really saw some negative public -- or a public health and safety concern that would stop us from doing that? Wardle: Madam Mayor. I would say certainly any safety issues or public safety issues from either the police or the fire department or code enforcement, I think that that would warrant a stop use or -- I'm not sure which order you use. It would make sense that they would not be allowed to continue until they had either corrected their violations or got the property comment. De Weerd: Council, I guess the one example that Mr. (Vary gave and the number of children in a day care can negatively impact a neighborhood, in particular if it's more than two, if it's more in regards to the six or more, and if the notification is generated by neighbors concerned with the traffic and safety issues associated with it, so, you know, where do you draw the line? And I guess it's those gray areas that staff needs some direction on and I don't know where you draw the line. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The line -- I guess my perspective, not having experience in need for wiggle room or gray areas, is the line is the rules as they are set. And it might sound overly harsh, but we all are required to follow the particular rules of the city or state or employment or where ever we operate, to the extent that the city has particular rules that individuals need to follow in order properly run their business in Meridian, those are the rules and there is your line. Again, I haven't seen a need for wiggle room and maybe that sounds overly harsh, but that's my perspective, as far as whether or not they should or shouldn't be able to continue to operate, otherwise, it leaves you in the tenuous position of having to make multiple judgment calls on whether or not its a public Meridian City Council • May 2, 2006 Page 11 of 65 L-1 safety issue or it's two kids versus six kids in a day care, which I don't think is necessarily fair to you or probably the direction that you're looking for. So, unless that's overly harsh or there is some experience that the Council has that I haven't seen or that's been the ruling of many businesses, I think Mr. Nary's comments about people opening up a business, either not taking the time or effort to find out what needs to be done to do it properly, and then, comes back trying to say song or seek forgiveness or whatnot, just opens the door for trouble, so -- Canning: Madam Mayor? De Weerd: Yes. Canning: Mr. Borton. So, would you -- you would not like even the accessories or the certificate of zoning compliance? Just treat all them the same; is that correct? Borton: Well -- Madam Mayor. There is probably some anecdote that you or another council member could share with me that tells me why that's mean and harsh. Canning: I just wanted to make sure I understood, but -- as long as we have a line, we will enforce it. So, we will take whatever direction Council wants us to go. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna. Given the limited amount of code enforcement folks, how is the city apprised of these issues normally? Canning: It's a mix -- actually, with -- code enforcement is starting to be more pro- active, they are able to, with the staffing levels they have now, so we will probably see more of these. About -- actually, chief, do you know -- I know quite a few of them come from neighbor complaints. Some of them they are able to uncover on their own, so -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: My sense of fairness and I guess my sense for encouraging entrepreneurial activities goes against what I'm about to say, but I tend to agree with Councilman Borton in terms be being consistent and being able to take the subjectivity and consistency that the staff would have to show by making judgment calls if we created a gray line in there. I think the codes we have now probably are sufficient as it relates to occupancy permits and accessory uses. It seems to me that it's really hard to differentiate between those two. The accessory use is allowed if asked, typically. Canning: Typically, yes, sir. Meridian City Council • May 2, 2006 Page 12 of 65 9 Rountree: And that's pretty much how it's set up in code. But when you look at Conditional Use Permit, there is a whole process in code that establishes that. There is a whole list of things that you have to comply with, there is a whole process you follow. And the same with the zoning change, which is even more rigorous. So, I would say you have the lines. If you're comfortable to have them fuzzed up and make your job more difficult, then, we can do that. De Weerd: I guess, Council, it does put staff in an awkward situation if they are trying to figure out what rule they don't have to follow -- Rountree: Yes. De Weerd: -- and give flexibility to. And the person who is affected does have that opportunity to appeal that and bring it to Council for you to hear. So, I guess, you know, that option is available as a fall back. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with what you said and I agree with Councilman Borton. I think sometimes we make too much wiggle room to make it confusing. We have got the rules, let's enforce them, if we have got the enforcement people. Let's make sure we get them enforced. And they have always got the opportunity, if they don't like it, they can come before the Council and explain their situation. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yes. Part of the intent of this discussion, too, was to make all of you aware, you know, how the process has evolved and changed significantly in the last few months and so as you're all aware, sometimes enforcement action has a tendency to trickle up to you and so I think our intent was to make sure all of you knew how we have been trying to apply this and trying to be consistent across the board and, obviously, there are some discretionary choices in any enforcement actions that we have to make, as well as sometimes prioritizing which ones are we going to take on this week versus which ones maybe can wait until we get the issue solved. So, you know, as long as you folks are all comfortable, obviously, we could have a lengthy workshop discussion about this, but if you're comfortable that there is some process that is ongoing, it isn't something that's done willy-nilly and that we are continuing to try to make sure that we maintain that level of consistency as staff, so that when they do end up on our plate, whether by e-mail or in front of you, that you're going to know there was a lot that went into this action before they ended up on your agenda. Meridian City Council • May 2, 2006 Page 13 of 65 De Weerd: Thank you. Anna or Joe or Joe, do you have anything to add? Silva: Mayor, Members of the Council, one of the recent examples that I can think of that, as you asked for, is Bruneel Tire that came in and decided to occupy the former site of the Alameda Weed Control and he came in and did the right thing and attempting to get a sign permit and, then, a plan review on a small office -- they were doing a remodel on an office in the front and, then, the question came about by Rich Green, who is our contract plans reviewer on these -- during the inspection process, what are they going to do in the building, and they said the sale of tires. Well, there is some very specific parameters that you can store tires in terms of quantity, height, and the storage configuration. And that's an example that I think we would just like to look at and have the ability to look at a flow chart how that person came in, asked, you know, the appropriate questions, attempting to do the right thing and, then, we started to ask some questions further down the road that dealt with the storage of used oil and tires. So, that's the type of thing I think we would like to workout in terms of the process. De Weerd: Thank you. It's a good example, especially in the storage of tires. We are having issues with that. Joe, do you have anything you would like to add? Since you have the wonderful opportunity to go and face some of these people who -- who we are talking about. Venneman: Madam Mayor and Members of the Council, from a code enforcement perspective, of course, I would likely be the person who would say that the less wiggle room the better. It becomes tremendously difficult to figure out where that wiggle room comes down at on certain issues and so keeping in mind the fact that we have to be consistent and we want to promote local businesses, that kind of thing, it -- I'm just saying the more wiggle room there is, the harder it is to really be consistent, which is our goal. Our goal is to treat every business the same, every property owner the same, and the more we adhere to what those rules are, the better we are at that. Thank you. De Weerd: Thank you, Joe. And we appreciate what you're doing. I hope you're feeling good, too. Canning: Madam Mayor, Members of the Council, we will discuss this at our next meeting. I think we have one next week or in two weeks and, then, we will try and come back -- we will give you an update on our discussion and whether we have a line or not have aline. Thank you. D. Public Works — Len Grady E. Award of Bid for Procurement of Biosolids Direct Dryer System to Andritz-Ruthner, Inc.: De Weerd: Okay. Thank you. Okay. Item D. Len. I guess I would take an opportunity, if there is anyone that came to hear an update on Items 22 or 23, we will Meridian City Council May 2, 2006 Page 14 of 65 not be holding a Public Hearing on those items. It has not been in front of our Planning and Zoning Commission yet, so that will be scheduled at a later date. Grady: Madam Mayor, Members of the Council, I have kind of an odd situation here with the Andritz bid that we received. We went out for bid for a biosolids dryer and it's a fairly specialized piece of equipment. We received one bid back, which is not unusual. The problem is the bid came back with conditions attached to it. Basically, that puts that bid in a condition where it's non-responsive. And so my first request is to reject that bid and we need Council approval to do that. The conditions that were put on the bid were not onerous at all. And, in fact, we are willing to accept those conditions. So, I would like to not only reject the bid, because it was non-responsive, code allows us to enter into negotiations with the contractor to come up with a valid contract. So, the next step I would do is to ask you to approve that award of that contract. De Weerd: Now, that's interesting, Len. Council, are you following that discussion? Bill, do you have anything you want to add? Nary: Madam Mayor, I have discussed this -- and Members of the Council, I have discussed this with Len and that is how the process works. If you want to reject the initial bid, you can do that, and, then, the process, then, would be to work that out and see if you can negotiate in the market with that bid or anybody else, so -- De Weerd: Okay. Nary: It seems strange, but that's how it works. Grady: The contract amount was 2.8 million and change, so -- De Weerd: 2.8 and change. Mr. Rountree? Rountree: Oh, thank you, Mayor. If there is no discussion, I will attempt a motion. Madam Mayor, I move that we reject the bio -solids drier bid due to bid conditions and causing it to be non-responsive and to allow the Public Works Department to enter into negotiations for a bio -solids dryer apparatus. Bird: Second. De Weerd: Okay. We have a motion to approve the request to reject of the bid. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2: Rate increase request. Meridian City Council • May 2, 2006 Page 15 of 65 Grady: The second item is a -- is a last minute item. For some reason it didn't get on the Council agenda -- or in your packet last week, but I'm asking for Council to direct staff to enter -- or to draft a resolution to increase water and sewer rates, both, by four percent. You have a spreadsheet that I handed out, which indicates that by doing that we will -- we are budgeted to end up with a net of about 500,000 at the end of this budget year. However, water is -- I think you will notice in the last column there water is on somewhat of a negative path. We have the choice this year of going out and increasing the water or -- and going above the five percent and having a Public Hearing or waiting to see -- typically, we don't spend all of what's budgeted, so what I'd like to do is keep a close eye on this and towards the end of this budget year and the first part of next budget year reassess this. De Weerd: Okay. Council, any questions, comments? Bird: Charlie can make the motion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: My only recollection, since it wasn't noticed on your agenda, that your recommendation be to simply bring it back onto your agenda with a resolution to do that. State law does not require a public hearing when it's under five percent, but just to make sure the public's had notice that you're taking that action, that would probably be most appropriate. De Weerd: Okay. Thank you, Mr. Nary. Okay. Would that be your request from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we direct staff to prepare a resolution that indicates an increase in water and sewer rates by four percent and that this created increase be reassessed again next year, that the resolution be brought back to our next regularly scheduled meeting, which would be May 9th. Bird: Second. De Weerd: Okay. The motion is to bring this back, put it on the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: Meridian City Council May 2, 2006 Page 16 of 65 Item 8: Appeal Hearina for Order to Remove Junk Vehicle by Steven Cad with Meridian Cherry Lane Mobile Home Park: De Weerd: Thanks, Len. Item 8 is an appeal hearing for order to remove junk vehicles by Steve Cady -- Cady. Cady. Mr. Nary, you want to kind of introduce this, give a little background? Nary: Thank you, Madam Mayor, Members of the Council. Yes, what you have before you is a little unusual. We don't see very many of these. This is an appeal hearing under the city code. A city official, which can be a member of either the city clerk's office, the police department, the fire department, or the building department, may give notice to an individual that there are junk vehicles or junk property on their property and they need to be removed within ten days. After that notice is given, the owner of the property has the opportunity to appeal that action to you. It doesn't give any parameters in the ordinance as to what information they need to provide you to -- to appeal that, whether the property belongs to them, whether they need more time, whether there is other issues that they may want to raise, they certainly have the ability to do any of that. It's fairly open in our ordinance. That's the case you have in front of you. There has been a notice of order to remove. There is a unique circumstance. The property owner here, Mr. Cady, that's in front of you, is purchasing the property in question. The property is the Cherry Lane Mobile Home Park. The titled owner is Agnes -- is it Hoff, sir? Did I get that right? Cady: It's Seeley now. It was Hoff. Nary: Okay. Okay. She's still the titled owner, but Mr. Cady has provided a -- essentially, a purchase and sale agreement from 1986 that he is still indicating that he is paying on that and he is in the process of purchasing that property still. The concern -- or the issue only for the city -- and you may want to establish that in Mr. Cady's testimony -- is that he has the ability take action of whatever direction the Council makes in this and that he is the proper person in authority to make those -- to make that decision and carry out whatever direction you have. There is, in our city code, the ability to order removal of the property, to order criminal prosecution if the property isn't removed timely. There is direction to order removal and billing of the property owner for that removal, as well as assessing that onto their tax rolls, other properties, so that it will be paid at some juncture, whether it's currently or at sale. There is a number of remedies that the Council has. What I would suggest for the Council from our hearing standpoint tonight is Mr. Venneman is here from the code enforcement, he can give you some background as to how we got here, what code enforcement's contacts with the property owners have been to this point, what information they provided and when the notices were given. Notices on your laser fiche -- and that was a letter from code enforcement that was provided to the property owner, that Mr. Cady has responded to. Just for the record, that notice to clean the premises was dated April 6 of 2006. That was given, again, to Agnes -- the person on the title is Agnes Hoff, the owner of Cherry Lane Mobile Home Park. Mr. Cady did file his response on April 20th, which was Meridian City Council i May 2, 2006 Page 17 of 65 compliant with the statute from when it was sent -- or, excuse me, compliant with our ordinance and I think that's probably it from an introductory standpoint. So, after Mr. Venneman has given you the city's side of what contacts they have had, Mr. Cady can, then, have the opportunity rebut any of that information or provide you any other information that he has in regards to this appeal. De Weerd: Mr. Cady, I will ask Mr. Venneman to give us an overview and, then, I'll ask for your comments. Okay. Thank you. Venneman: Madam Mayor, Members of the Council, this matter was first brought to code enforcement's attention the latter part of January of this year. One of the officers on patrol for the Meridian Police Department advised us of a number of vehicles that were parked and being stored at the northern most end of the trailer park -- Cherry Lane Trailer Park, located at 314 West Cherry Lane. We subsequently went out and we did an inventory on the number of vehicles that were there. On January 23rd we found that there were 22 vehicles there, including trailers. They consisted of a wide variety of situations, meaning some were fairly dilapidated, in bad condition, others no current registration or plates. We, then, proceeded to contact Mr. Cady, after leaming that he was the owner or the manager of the park, and he subsequently agreed that these vehicles needed to be removed, felt that they might be a detriment to the park. We, then, kind of did a back and forth over some time and we provided him with what limited information we could, given privacy issues, as to who the owners were. He, then, advised us that he was going to try and attempt to locate the owners of the cars and the trailers and have them removed. If they did not do so, then, he was going to tag them and ultimately have them towed. Of significance is the fact that this trailer park does have two postings, one on the east entrance and one on the back side, that clearly state that unauthorized vehicles will be towed at the owner's direction. As Mr. Nary mentioned, on April 6th a certified letter went out to Mr. Cady advising him that he was in violation. That letter was directed to Mrs. Hoff, our information at the time being that she was the registered owner of the property. That letter went out primarily because there was still 14 vehicles remaining on the premises. To Mr. Cady's credit, he did have some vehicles removed, but as of yesterday there was still 11 vehicles present and as far as code's concerned he still remains in violation. De Weerd: Thank you. Any questions for staff at this time? Okay. Mr. Cady, if you will, please, state your name and address for the record. Cady: Steven Cady. 5120 West Cherry Lane, Meridian, Idaho. De Weerd: Thank you very much. Cady: I believe as of today we are actually in compliance with the letter that was sent to us. There are still, I believe, six vehicles in the compound, in the parking area, which, as Joe said, is on the north side of our property. It's approximately 1,300 feet off of Cherry Lane. It's not visible from the road. We have 25 marked parking stalls for our residents and/or their guests. To my knowledge, all but possibly one of the vehicles is Meridian City Council , May 2, 2006 Page 18 of 65 • licensed, has current plates on it. We have had everything else removed or the owners have removed them. Our biggest probably concern with what has happened through this is that for -- as Joe said, for 20 plus years I have owned the mobile home park and from time to time we do have people -- shall we say use our parking stalls that we have no clue who they are and we find out that normally and once or twice a year we have things removed. Normally in the spring. About now. But we do have a lot of residents who are lower income residents, who have vehicles, have trailers, possibly don't -- they don't use a lot -- that they don't necessarily maintain a registration on, they are perfectly operable, they don't have flat tires or anything else. That's -- that's my biggest concern is that, you know, it is private property, they are not a nuisance, they are not an eye sore. They are properly parked. You know, the tires are full. They just don't have a current tag. You know, I understand the wiggle room issue and, believe me, I deal with residents every day, seven days a week, 365 days a year. So, I know what you're saying. That's the only thing that I'm concerned about is the residents who have these vehicles -- I mean one of the pictures there you will see is a relatively nice moving van of some sort. One of our residents owns it. It's got a license plate on it. I think it was expired three or four months ago. You know, to require him to just have a license plate to have it parked there when he might not use it for a year or two, if he maintains it, I don't know that that's absolutely reasonable. As a landlord, if it were a junked item, I would have it removed, as we had several removed. We had about four or five towed, because we couldn't find the owners. Or we could find a couple of the owners and they just said we don't care, do whatever you want to do with them. So, we got rid of them. But the ones that are left are either now licensed or they are residents -- all of them are residents of our mobile home park and whether a couple of them have got the license plates on them yet or not, I, honestly, couldn't say. I think there is one or two that may not. But I know Joe's talked to them. Whether they come to some understanding I don't know. But that's my concern. Again, there is one picture there that's from the road, you cannot see this area at all from Chert' Lane. It's all fenced, has privacy slats in it, it's all numbered, all the vehicles are nicely parked that remain. You know, it's just a hardship on some of our residents to store something -- I don't know. According to your ordinance I suppose if they could store it and they were paying 35 dollars a month -- a month for it, they'd still have to be tagged. I don't know that that's fair for them. So, that's my only concern. De Weerd: Thank you. Council, questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I just needed to some questions on storage. Though I don't have any sympathy for junk on private property, if the vehicles are licensed and operable, does the city ordinance allow storage of vehicles on private property? I know I drive by a few storage facilities in the city and other cities and they have vehicles in their lots parked Meridian City Council May 2, 2006 Page 19 of 65 that are visible. Maybe Joe or Anna can help me with -- or Bill can help me with the code and that seems to me like that might be one of your gray areas that you got to deal with. So, help me out here. Venneman: Councilman Rountree, the city code is, actually, pretty specific in the fact that in order to store vehicles, you have to have -- you have to be zoned to have a storage yard there. That would not be the case in a private trailer park. That was one of the bases for sending a certified letter, is that this type of use is not, frankly, allowed where it's occurring. The other issues that -- even if a vehicle is, quote, stored, it still has to be properly licensed and registered and the photographs that I have and I can provide to Council, if you wish, even from this angle, shows that there are a minimum of four vehicles with no license plates whatsoever. And that has remained the case since January. As far as their ability to be seen from the right of way, my understanding that the code does not address that issue. It's whether the presence of junk vehicles are there on private property and not so much as where they are visible from. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Maybe I guess, additionally, I want to add for the record purposes, the notice that was sent and the pictures that are provided to you that are part of your packet and part of record, are not talking about a car that has an expired license that's a month old. We are talking about vehicles that have no tires, that are parts of vehicles that are on the ground, that are not screened, they are not stored in any fashion. You know, this is a -- if that's no longer what's existing today, which Mr. Cady's testimony is, although Mr. Venneman's testimony was viewing it today there were still 11 vehicles and Mr. Cady's now saying six. That's the type of enforcement action we are talking about. We are not talking about somebody who has an expired plate. So, I guess I don't want to muddy up the record with Mr. Cady's concern about having someone having a car parked in their parking stall on their -- on their lot there in his mobile home park that has an expired plate of a week or a month or something like that. In the enforcement actions there are occasions, I understand -- and that is, again, a discretionary call from enforcement -- for example, in some recreational vehicles, although they license in January each year, sometimes people don't license them until May when they are going to use them. That's not uncommon to do that. If they are screened on their property, they are allowed under our UDC. If they are parked in a garage they are allowed. But that's not the issue in front of you. That's not the photographs and that's not the information you have. So, I mean I think there is a distinct difference by what code enforcement's enforcing. Mr. Cady's raised a valid concern, that's just not what we are here for. I don't know if -- Cady: All of the vehicles that you're discussing have been moved. All of those vehicles -- they are gone. De Weerd: Mr. Rountree. Meridian City Council • May 2, 2006 Page 20 of 65 Rountree: Madam Mayor, first of all, I -- we do need to establish -- and you have already, I believe, established by actions that you have the power and ability to remedy the situation. Cady: Correct. Rountree: And what you have done I thank you. As far as the hearing, I have a question for Mr. Nary. It's an appeal hearing, so what is the action on the part of the City Council, either to support the violation, the citation, or to reverse that? Nary: Madam Mayor, Members of the Council, Councilmember Rountree, I think what you have in front of you, if you have had information provided by code enforcement as to the condition of the property that led to their notice to remove vehicles. Again, Mr. Venneman did, I believe, state that there was 11 vehicles still on the property, some of which were still in the same condition as before. Now, I don't know what time Mr. Venneman was there. What you can do within your discretion is order either to continue this matter to verify the condition of the property, you can order that it remain and that condition be compliant with the city code. Mr. Cady's only really stated in front of you that he has complied with what was required of him and also had concerns about other vehicles that may or may not be something code enforcement would have a concern with. We can continue this matter to get that issue resolved, if you think that's something you'd like to do. Otherwise, it appears there isn't any other remedy I'm thinking Mr. Cady's seeking. He's saying he's complied. I don't -- I think you may want to verify that before you take any final action. That action can simply be that code enforcement had enough information to provide the original notice that was sent. Mr. Cady has now complied. You may ask for an update in a week to verify that that condition exists. We can, then, prepare an order that would say that it has been complied with as of this date and must remain continuing in that condition going forward. That's what a court would normally do in issuing some sort of -- some sort of contempt action or anything that would be in front of them would be just an order mandating that it continue in that fashion. I don't know if that helps you. I know that's the long answer. De Weerd: It was. Mr. Cady, do you have -- I guess I do have a question. There is more than just vehicles on there. It seems to be -- I see a couch and -- Cady: Yeah. That's -- somebody just put it back there. Don't know where it came from. De Weerd: Okay. Didn't think you could drive it. Cady: No. It just appeared one day, so -- De Weerd: So, Mr. Venneman, had you been out there this week? Meridian City Council 10 • May 2, 2006 Page 21 of 65 Venneman: Yes. De Weerd: Either today or yesterday? Venneman: Madam Mayor and Council, I was. I was out yesterday and pictures were taken yesterday and I don't know if we can -- there they are right there. This shows the date and not the time this was taken. This is a picture, Madam Mayor, of the vehicles — partial of the vehicles that were there, looking from the southeast to the northwest along the fence line. I would note that the -- that there remain a couple of vehicles with no current registration or licensing and one of them is that vehicle -- it's been there awhile. I will say that to Mr. Cady's credit, this yellow pickup is gone. It was there, well, since January. If we could move down the line of the other photographs. There is a Chevy Cavalier, that one right there, if we can get it. De Weerd: It's a moving target. Cady: It is a moving target. There is a Chevy Cavalier, no plates, no current registration. The vehicle to the left has plates, but they are expired. Trying to recall from memory what else is going on. There was also a camper trailer and you can see that down toward the front of the left side. No current tags on that either. There is also a camper shell that's pretty hard to see in there, but that has been in place now for some time. It's just a camper shell. It doesn't require any particular licensing. There is a U -Haul truck that has remained motionless since January. It has -- it was -- initially it didn't have current plates, but now, I believe, it does. There is a brown pickup to the left of it and it is now licensed. And this was as of yesterday. Cady: The pictures I supplied you were as of this afternoon and I would have to take exception. The little travel trailer he's speaking of there, I believe the resident took that to storage a month ago. Approximately a month ago. Along with the flat bed you see. The other cars, other than the little van here on the right-hand side, have all been removed. The small utility trailer has tags through 2011 on it, which is kind of behind the gray van and in front of the little camper trailer. As I say, as far as I know everything there, except possibly one vehicle, is licensed. If you want to put those pictures up there, those were taken today. Rountree: You're talking about these pictures? Cady: Yeah. De Weerd: No. Bird: No. No. No. Those weren't taken. Cady: The color pictures I delivered were taken today. So, again, I would content that I am in compliance and my only concern is for residents who have a vehicle that may be operable, the tires are full, and it's simply -- you know, doesn't have any up-to-date tags. Meridian City Council • May 2, 2006 Page 22 of 65 And they come through and tell us that we have to do something. So, that's as of today. There is -- and all of those have, as far as I know, current tags. De Weerd: Okay. Mr. Nary, do you -- Cady: I would be happy to meet -- De Weerd: Because this is not zoned or even conditional use for a storage. But is why they -- Cady: Again, I wouldn't define it as storage, as much as I would additional parking for my residents, which is fairly common in a mobile home park to have an area for them to park something. De Weerd: I think that's the distinguishing quality of whether it's registered. If it's registered it can be on the road. So, it's not considered storage. Would that be the qualification? Nary: Madam Mayor, Members of the Council, I mean under our UDC if it is not currently registered, then, it needs to be screened, if it is on private property. It cannot be just parked in a parking space. Even on the private property, even on your driveway, if it isn't currently registered. But, again, we are not talking about somebody's whose registration expired yesterday, we are talking about vehicles that, you know, are sitting for months on end. Again, as Mr. Venneman stated, I mean they began this discussion in January with that. So, I think that's maybe the distinction that I think you're drawing, is that there is a difference. When there are allowed to be unregistered vehicles parking there, then, it does become a storage facility and it isn't properly zoned for that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: My take on it -- I agree with Mr. Nary's assessment that maybe in this situation we ought to set this over for a week and allow Mr. Cady and code enforcement to go out there and -- there is mixed stories of who took the most recent picture and what condition these cars are at. Let's let them spend a week, talk about it. I tell you my inclination, if there is any untagged or flat, unused vehicles out there, that they run a great risk of losing them themselves to the extent there are any vehicle owners that you're speaking on behalf of, that they have -- they made known that fact and provide to you in writing or whatever information they might have, because they run the great risk of having these vehicles moved. Short of us sitting here for the next three hours going back and forth on which cars are what condition and -- Cady: I agree. Meridian City Council • May 2, 2006 Page 23 of 65 Borton: I defer to code enforcement to at least be able to get out there and make an assessment and if there is any representations that are inaccurate as to the conditions of these vehicles and what's out there and what's not out there, would upset me greatly. So, I trust it can be resolved in a week and -- Bird: Is that a motion? Rountree: Is that a motion? Borton: With that I would move to reset -- or to continue this until next week, to May 9th. In the interim have you meet with code enforcement, take whatever photos or evidence necessary to come back, if necessary, and clear this up. Bird: Second. De Weerd: Okay. A motion to set this over to next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: So, Mr. Cady, if you can work with Mr. Venneman and review photos and you do understand the distinguishing aspects of registered versus non and -- Cady: I do. De Weerd: -- storage versus non. Cady: Okay. De Weerd: Okay. Thank you. Item 9: Request for Reconsideration of Approval of a Variance to allow Right In Right Out Access on South Meridian Road for Meridian Gateway by White -Leasure Development Company: De Weerd: Okay. Item 9 is a request for reconsideration of approval of a variance and I will go ahead and ask Anna to at least give an introduction to this and, then, we will ask the counsel direction. Canning: Madam Mayor, Members of the Council, this is the request for the Meridian Gateway project. I believe they have submitted a letter to you -- oh. De Weerd: Mr. Rountree is recusing himself from both Items 9 and 10. Canning: I'll start again. Sorry about that. Madam Mayor, Members of the Council, the applicant for the Meridian Gateway is asking the Council to reconsider their motion that Meridian City Council May 2, 2006 Page 24 of 65 0 approved a right -in, right -out only at the southern portion of their property, approximately 700 feet from the intersection. They are asking that you consider a right - in, right -out only at approximately 500 feet from the intersection. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I have wrestled with this request for a week in trying to give you the appropriate advice. I think you have a couple of options within your discretion. Our city ordinance doesn't -- doesn't have any guidelines as to what reconsideration you may look at. What we have followed as a practice consistently is that until you have approved the final Findings on a matter, you may reconsider your decision if you choose. In each of those decisions we have always recommended to, then, reset the matter for a new Public Hearing to allow the opportunity for anyone to be heard on that variance. The problem that's a little unique here is that this is the second request for reconsideration. That's not very usual or very common. We normally haven't had a second request. Secondarily, I believe it is within your discretion to always reconsider a decision that you have made, but the request that's being made is now for a new request that's different than what had been in front of you previously. Normally, what we have seen is a request for reconsideration based on the request that had previously made. What the applicant in this has requested is a different location of an entrance that's not what you have previously heard. So, you can take a couple of different actions, in my opinion. You can, in your discretion, deny their request, because you don't wish to reconsider it. You always have that ability to do that. You can deny the request, because this is the second request and you don't want to allow two bites of the same apple, if you don't want to do that. That's within your power to do so. You can reset it for a hearing if you wish. Or you can confirm your Findings that you have made and direct the applicant to make a new request for this variance again. They are, again, asking for it in a different location than they previously had. There has been no staff work, no analysis as to whether that application -- or that request is anymore appropriate than what was previously thought. So, they always have the ability to come back and ask for a variance anyway before they begin their project and if you approve the Findings or direct the Findings to be brought back for approval, they can always still go back and request that again and allow the staff the opportunity to actually properly review the request that's being made. So, I think those are all your options that I have tried to consider for you to make your decision tonight. You can go any direction you choose from those. De Weerd: Thank you, Mr. Nary. Council, any comments, questions for staff? Would you like to hear from the -- from Mr. Hoover? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 2, 2006 Page 25 of 65 Borton: Mr. Nary, is it even an option to reconsider it with a different location, if the end result of that could be the granting of different variance terms without a Public Hearing as to those particular terms? Does that make sense? Nary: Madam Mayor, Members of the Council, Councilmember Borton. Well, because you can reconsider your decision and you have the ability at that public -- you have to have a Public Hearing. If you choose to rehear it, you're going to have to do that. At that Public Hearing could the Council at that juncture decide to alter the conditions of the request? You know, again, that would be within your discretion to do that. If it's a significant change to what was being requested, you may want to reset that matter again to give proper notice to folks that may have an impact as where that location is. Again, not this particular project, but in general. So, you probably can, if you -- you, as a Council, want to reconsider that, I would suggest or recommend that you make specific findings why you would choose to do that, since it is a different request that's being made. But I think it's still within your power to do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, do you see anything in 200 feet closer than what we approved being a detriment to -- I mean I have a hard time -- Nary: Madam Mayor -- sorry. Madam Mayor, Members of the Council, this isn't the night for that hearing. So, if you want to have that question, then, you're going to have to have a hearing. This is just a request by them on whether or not you would reconsider this matter or set it for a new hearing, not to take facts or, otherwise, you're going to have to give factual time for the other one and we haven't noticed a hearing for that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Follow up to Mr. Nary. Nary: Sony to interrupt you. Bird: That's no problem. I don't want to get in trouble. But, anyway, as I understood -- and maybe I misunderstood what you said at the start, we as a Council have a right to approve the 500 feet or whatever it is right tonight in our Findings by adjusting the Findings if we so desire, is that not right? Nary: Madam Mayor, Members of the Council, Councilmember Bird, that is not right. You know, you don't have the power to change what you have already approved. You Meridian City Council • May 2, 2006 Page 26 of 65 C� have the power to reconsider that decision by holding another Public Hearing to reconsider what you have already approved. Bird: Okay. Nary: But the issue becomes of making the Findings of -- again, considering a second reconsideration request, as well as whether or not just the Public Hearing will cure that. Again, I think you have the ability reconsider it. There is, really, no guidance on this, so it's within your discretion to do it. But you can't just change your Findings. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is one Councilman that would like to reconsider the Findings. De Weerd: Okay. Bird: And to have a Public Hearing. The sooner the better. De Weerd: Okay. Any other comments from other Council members? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Better get my glasses on, so I can read the thing. I move that we approve -- or ask to reconsider the variance to a right -in, right -out access at South Meridian Road for Meridian Gateway and to set another Public Hearing -- are we getting pretty filled the 9th, Shaun? How soon can we do that? Do we have to notice that again? Okay. For the 23rd. Is that soon enough? Date certain. Oh. Okay. Just -- just bring it back as soon as possible. Okay. That's my motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I'll second that motion if included in that motion the applicant pays for the additional -- Bird: Renoticing? Renoticing? I have no problem with that. The motion would concur with that. De Weerd: Okay. We have a motion and a second to bring this back on a Council agenda, with the applicant to pay for the fees associated. Any discussion? Meridian City Council a May 2, 2006 Page 27 of 65 Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Members of the Council, the clerk has an additional noticing fee, but we, actually, have an additional hearing fee. Is that -- did you want that included as well? The Planning Department adopted an additional hearing fee last fall. We have never actually had anyone pay it at this point, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, if this were a bigger one, I would say, yeah, let's collect it. But I -- this is -- I don't believe this is probably going to be that big of a deal. But I do believe they should pay for the postage and stuff -- De Weerd: It does take staff time to look at it. It is a different plat than the ones that we have seen. In fact, this is the third one we have seen. So, it does take staff time in analysis. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would -- I guess my opinion, I would like the staff to review this current application, so that I have all the best information to make my decision. Certainly the second consideration, the scrutinization becomes more stringent, I guess, in my opinion. So, I would -- if we have an additional staff hearing fee, I'd like to see the applicant pay for it. Staff time. Bird: The motion can include that. De Weerd: Okay. Okay. Is there any further discussion? I will ask for roll call. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Request for Reconsideration of Denial of a Variance to the city code to allow access onto Eagle Road for Bienville Square Subdivision by Red Cliff Development, LLC: De Weerd: Okay. Thank you. Okay. Item 10 is a request for reconsideration of a denial of a variance and I will ask Anna to give an introduction to this one as well. Meridian City Council May 2, 2006 Page 28 of 65 • Canning: Madam Mayor, Members of the Council, the applicant has requested -- when the City Council heard this item, you denied the approach in its entirety. The applicant is asking you to consider a right -in, right -out only on the property. At the place where they had previously shown full access. De Weerd: Okay. Do you have anything to add, Mr. Nary? Nary: Madam Mayor, Members of the Council, this one is the more usual type of reconsideration that you have seen. You still need to have a Public Hearing if you wish to move to reconsider this action, but it is more of the type we have previously seen. They are simply requesting the same location, but a different entry access approach, so -- De Weerd: Okay. Council, would you like to hear from the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can we do that? Can we hear from the applicant or do we need to -- before we even talk to anything specific, decide on whether it's going to be -- De Weerd: He would just explain his request. Mr. Nary. Nary: Madam Mayor, Members of the Council, I don't know that he has much more to add -- unless he has something different than the letter that's indicated. Other than that, I don't think you want to hear anything else other than testimony -- or you don't want to hear any testimony tonight. So, unless there is something significantly different than what's already in the letter before you, I don't know there is any necessity to hear anything. De Weerd: Okay. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My recollection of our denial of this variance was lengthy discussion by the City Council, by the applicant, and by members of the community and residents. So, I -- certainly, I think in my mind we addressed all those issues at the past hearing. De Weerd: Okay. Anything else from Council? If not, I -- if there is no motion to reconsider, we will just -- we will move on. Item 11: Findings of Fact and Conclusions of Law for Approval: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R- Meridian City Council May 2, 2006 Page 29 of 65 L' 8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 12: Findings of Fact and Conclusions of Law for Approval: RZ 05-019 Request for a Rezone of 10.05 acres from C -G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 13: Findings of Fact and Conclusions of Law for Approval: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 14: Findings of Fact and Conclusions of Law for Approval: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 15: Findings of Fact and Conclusions of Law for Approval: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: De Weerd: Okay. Items 11, 12, 13, 14, 15 and 16 are all on this application. You have the Findings in front of you, so, Council, I would need a motion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I know Councilmember Rountree did not wanted to -- or wanted to recuse himself on Item 16. 1 don't recall -- I don't think he recused himself on the remainder of the project. So, I can go get him if you're going to take up the other -- De Weerd: Okay. Could we just go ahead and -- no, we can't. Forget it. Welcome back. Okay. I would entertain a motion on -- if you want to do them individually or if you want to go ahead and just give me a motion from -- for Items 11 through 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I want them done individually. De Weerd: Okay. Well, then, do it. Meridian City Council May 2, 2006 Page 30 of 65 • Bird: I didn't say I was going to do it, I just wanted them done individually. De Weerd: Okay. We will wait until someone does. Bird: I'm not having no problem doing that. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Item No. 11, AZ 05-057, the request for annexation and zoning and the Findings and Conclusions of Law. De Weerd: Do I have a second? Borton: Second. De Weerd: You guys are going to make this very difficult to get out of here in a reasonable amount of time. Mr. Berg, will you, please, call roll on approval of Item 11. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item No. 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Findings and Conclusions of Law on RZ 05-019 for Bienville Square Subdivision. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 12. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 05-059, the Facts and Conclusions of Law for Bienville Square Subdivision. Meridian City Council May 2, 2006 Page 31 of 65 Rountree: Second. De Weerd: If there is no discussion, Mr. Berg, will you call roll on Item 13. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Bird, Item 14. Bird: Madam Mayor, I move we approve CUP 05-052, the Facts and Conclusions of Law on Bienville Square Subdivision. Rountree: Second. De Weerd: Okay. Motion to approve Item 14. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 15. Mr. Bird. Bird: Madam Mayor, I move that we approve MI 05-013, the Facts and Conclusions of Law for Bienville Square Subdivision. I hope I'm not butchering that name too bad. Rountree: Second on that. De Weerd: Okay. Motion to approve Item 15. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Findings of Fact and Conclusions of Law for Denial: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: De Weerd: Okay. Just for the record, Mr. Rountree is not going to participate in Item 16. Mr. Bird. Bird: Madam Mayor, I move we approve the Facts and Conclusions of Law for Denial on VAR 05-023 on Bienville Square Subdivision. Meridian City Council May 2, 2006 Page 32 of 65 Borton: Second. Bird: Okay. The motion is to approve Item 16. Roll call. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 17: FP 06-019 Request for Final Plat approval of 12 residential building lots and 5 common lots on 5 acres in a R-4 zone for The Reserve Subdivision by Jake Centers — 5955 Locust Grove Road: De Weerd: Okay. Item 17. We do have a letter from the applicant on FP 06-019 that they agree with the conditions by staff. If there is no questions for staff at this time, I would entertain a motion to approve. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 17, final plat, FP 06-019. Bird: Second. De Weerd: Okay. I have a motion to approve Item 17. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: FP 06-018 Request for Final Plat approval of 48 residential building lots, 2 commercial lots and 4 common lots on 11.44 acres in R-8, C -N and C -G zone for Champion Park Addition by Champion Addition, Inc. — 2740 East Ustick Road: De Weerd: Item 18 is FP 06-018. We did have a letter from the applicant about a particular item. Anna. Canning: Yes, ma'am. Madam Mayor, Members of the Council, the applicant has raised concerns about a request that -- or a condition that was placed on the property at preliminary plat approval and I do want to take a little bit of time to explain it, just so you understand what it was. We did require that the house orientation for -- I believe this is Lot 14, that it face to the east. So, that these two backyards would, then -- would be consistent as it applied to Lot 13 immediately west of it. Similarly, on Lot 9 we requested that they orient north and, then, on Lot 8 that they orient south, so that you Meridian City Council May 2, 2006 Page 33 of 65 • would have two backyards to one another, similar as you would for the adjoining properties. If they start going -- this one would face this way. It's a fairly small lot and it would be difficult to accommodate a backyard there and, then, you would just have as sideyard here, instead of a backyard. So, we were looking at some of the design considerations on these smaller lots, because when you don't have a larger lot to play with, the spacing does become important. The applicant originally raised that as a concern, because they felt that the county surveyor would not allow it to be on there. We did contact them. They said that they would sign it if we had those conditions. The applicant has -- wanted me to express that they will abide by that condition if it's Council's desire, but they did raise it originally. But they are okay with it going forward. De Weerd: Okay. Council, should we ask the applicant to come forward? She doesn't want to -- Canning: She didn't want to. De Weerd: Just thought I would give you an opportunity, Shari. Stiles: Shari Stiles. Engineering Solutions, 150 East Aikens Street, Suite B, Eagle, Idaho. Mayor de Weerd, Council Members, the applicant just thought it was an unusual request. It kind of takes away the ability of the builder to build whatever they want on that lot. I haven't seen a similar restriction placed on other comer lots in other developments. You're going to look across the street and see that those attached units are on much smaller lots. But if it's this Council's desire that we do that, then, we have no problem. De Weerd: Okay. Any questions, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to -- want the Council's respect, do you want to say how they can build the houses on the lots and -- it's like Shari says, it -- to my knowledge we have never done that before, how you place a deal on the lot. I don't like to see restrictions, because some people might have different plans that don't work out. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I just want to clarify, because I think -- because I haven't heard it before, I think the planning director said that we may have approved a lot that was too small -- Canning: I did not, sir. Meridian City Council • May 2, 2006 Page 34 of 65 • Wardle: In any case, I'm going to agree with -- based on the planning department's review of the restrictions and setbacks and all the other things in the subdivision. If they only feel that three of these lots need to be designated that for it to work, I'm okay to agree with that, along with the planning director's comments. De Weerd: Just for the record, we have designated direction of housing and in particular along collectors where we didn't want the cars backing out into a road. So, just for the record. Any further discussion? Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 18, FP 06-018, final plat for Champion Park Addition, to include staffs comments in regard to specifically the three home directions discussed and their facing the street. De Weerd: And their orientation? Wardle: Orientation. Thank you. I was looking for that word. De Weerd: Do I have a second? Borton: Second. De Weerd: Okay. I have a motion to approve Item 18 with the Findings as they are written. If there is no further discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Continued Public Hearing from March 21, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C -G zone for Ada County Highway District Ustick Road Property by the Ada County Highway District — 3595 East Ustick Road: De Weerd: Okay. Item 19, AZ 05-060, has been requested to be continued until next week. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 19 until May 9th. Meridian City Council May 2, 2006 Page 35 of 65 Wardle: Second. • De Weerd: Okay. I have a motion to continue Item 19 to May 9th, 2006. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 20: Continued Public Hearing from April 4, 2006: ZOA 05-002 Request for a Zoning Ordinance Text Amendment with the areas to be amended include: the Definitions of collector streets, adult entertainment, and net density; the standards for the Traditional Neighborhood Residential Districts; the fence standards; the table detailing the Decision -Making Authority by Application; changes to application requirements; how to measure block length; screening and chainlink fencing; requirement for certificates of zoning compliance; off-street parking space standards and measurements; off-street loading space requirements; family day care standards; and sign standards for family day care by the City of Meridian Planning Department: De Weerd: Item 20 is a continued Public Hearing from April 4th on ZOA 05-002. Anna. Canning: Madam Mayor, Members of the Council, at the last Public Hearing you asked us as staff to work together and to try and reach consensus on the few remaining items and, then, to come back to you with a clear kind of position statement from the various entities involved as to where we stood on each issue. And there was -- those issues were the street sections, side yard setbacks, maximum height to eave, alley setbacks, block lengths and alley right-of-way restrictions. So, I am happy to report that -- I think we came to consensus on all but one issue and that one issue was alley right of way -- just restrictions or the width of the alley, basically, is what it ended up being. But let me go back to the beginning and briefly get you up to date. On street sections we appear to have reached consensus regarding the issue that the typical 500 block -- I have a layout for you courtesy of some help from Mr. Turnbull and a drafter in his service. So, they have provided this typical block section. This would be 500 feet from center line to center line. You can see these are about 40 -foot widths on the lots. The end ones are larger. What we would have is 29 feet back of curb to back of curb with parking on both sides and, then, we would have a choker at a minimum of two points within that mid block. These chokers would allow the fire department to stage in these locations and, then, to pull hoses where they needed to from those stage locations, basically. We have originally shown them at 20 feet back of curb to back of curb on the -- or front of curb to front of curb on the choker. ACHD has said that they require 24 feet from front of curb to front of curb. So, as you look at -- here is one of those chokers, 29 feet. It will, actually, only be about two feet difference from where the parking aisle is. So, won't have as much choke affect as we had hoped, but it still will serve that purpose. This street section was based on one from the -- this is from the ACHD manual, just to - - very similar. They allow 29 feet with parking on both sides where you have 500 feet from center line to center line and you have a grid system where there is intervening Meridian City Council • May 2, 2006 Page 36 of 65 • points. That street system would only be allowed for alley access properties. So, if the -- if this side of the street had front loaded ones, then, it would be a full street section to get in there. So, you would have to have alley on both sides similar to this block here. All my visual aids were for that first Item, so I've gone through them all now, but I will go through the other ones. The side yard setbacks, planning staff and development services have met with the joint trench folks trying to get some consensus on whether a four foot side yard setback is appropriate or not. We can't get the joint trench folks to budge off of the -- basically a ten foot easement. So, that would be five feet on each side. So, at this point planning staff is recommending that we change the side yard setback back to five feet. Or change it to five feet in this TNR district. I will submit a text amendment shortly after I get this one done. I will submit one for the R-8 and the R-15, changing that to five feet as well, so we have consistency. The development community still would contend that the four foot set back is reasonable given that that side yard easement is very rarely used and that it -- again, that it's consistent with the current R-8 and R-15 standards. Moving onto maximum height to eave. This was kind of a new standard that we added for this one that the maximum height allowed is 40 feet. The fire department has ladders that, really, can only get to about a 30 -foot eave height. So, we added a standard that says the maximum height to the eave that would allow full roof access is 30 feet. So, you could kind of go up in a series of eaves from there, but the maximum height for them to get on that roof is 30 feet. Again, this -- the 40 feet is allowed in the R-15 district as well, so to make things consistent we would be looking to add that to the R-15 district. The hope is to -- right now, as you approve these tonight, hoping you do approve these tonight. I'll get my plug in here. These standards will be more restrictive than the R-15 and I will probably come back with a real look at all those R-15 standards, because I think we want to promote this model more than we would the R-15 model. So, don't want to make it easier to do something that is less desirable. So, we will be bringing back all of that for you. Alley setbacks. I do think we have reached consensus on the setbacks for single family detached and attached. There is a large outstanding issue about townhouses that I need to get at at some point. But at this point for single family attached and single family detached, we have agreed that 20 feet from a 16 -foot alley is appropriate and 18 feet from a 20 -foot alley would be appropriate. So, it's kind of two different standards, depending on the width of the alley. That allows for that parking pad in the back, thereby relieving the front street of accommodating as much parking as it -- well, with these chokers you're going to have less parking area, so that will get taken up in the back with those parking pads for each residence. And, again, briefly, just on townhouses, I need to sit down with everyone and discuss townhouses, because right now as the code stands, we would encourage multi -family development over townhouse development, just in the way the codes are written. It's much easier, you can get much more product in with the multi -family, rather a townhouse. And, again, I think Council needs to consider whether we want to promote a more kind of single family type ownership at the same densities as multi -family with that townhouse project is what I would like to be able to do, is have that as a viable option for folks at those densities. So, I will bring that back to you. The development was -- community was discouraged, but it wasn't ready to jump in and take on the whole townhouse thing, but they acknowledge that I have been fighting a good war and could put it off for a little bit, so -- block lengths. It was 500 to 700. We Meridian City Council May 2, 2006 Page 37 of 65 • shortened it to 500 to 600 and the building community is okay with that. Alley right of way restrictions. This was the one issue we weren't able to resolve. You may remember we talked about a 20 -foot alley right of way with a couple feet of grass creet - - grass creet being too expensive. What are the other options. Could it be done through CC&Rs. What would we do to define the rest of that right of way. Met with the police department and the fire department again and we just couldn't come to a compromise. As the PIG group, we started off with 12 feet and thought 16 feet was a compromise. The Planning and Zoning Commission has recommended a minimum alley width of 16 feet to you. That initial -- their recommendation was for a 20 -foot right of way with 16 feet of paving. In subsequent conversation with Mr. Inselman, he indicated ACHD is moving toward 16 feet as a minimum alley width, with a 16 -foot right of way, making those right of ways match the paving width. Most of the -- that is the ACHD minimum standard, just 16 feet. So, that's what planning staff is supporting tonight, but that is the one contested issue. We did make some other modifications that kind of improved that whole alley thing that weren't really discussed. We had a -- weren't really discussed with you just now. They were discussed with staff. Joe Silva just looked at me like what did she do. There was one that allowed any living areas to come back with a ten feet of the alley right of way. In discussing it with Mr. Turnbull, I asked if we could take that provision out, given that I don't think anyone -- these are so narrow that there wouldn't be the opportunity to have that living area. So, what that does is there will be a consistently open space here and we added fence provisions that any fence in this rear setback area -- so within that full 20 feet has to be open vision fencing, so the police department will be able to see a full 40 feet e well, actually, 60 -- somewhere between 56 and 60 feet from back of the garage to back of the garage it will be completely open and visible within there. So, the police department was -- representative was less negative about alleys than I had ever heard when we came to that arrangement. He was, actually, a little delighted that we could get some open vision fencing back there, so that there wasn't that opportunity for people to hide and make mischief. So, that, I believe, gets us up to date. I did put a couple notes on some little mistakes that were pointed out tome. One was on the footnote for Table 11-2-D-2. Right now it says alley right of way. Probably should -- it started off as the edge of alley paving. It probably needs to go back to that. I had changed it to right of way when we were considering other things. But it probably needs to go back to the edge of alley paving, so that we have a consistent number. And I had mistakenly called this a chicane, instead of a choker, so in Section 11 -2 -D -1 -E -1-B, if you could change fire lane chicane option to fire lane choker option, I would appreciate that. With that I'll answer any questions or Mr. Silva can answer any questions regarding the alley right of way and paving widths. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Chief, do you want to comment first or -- Meridian City Council • May 2, 2006 Page 38 of 65 • Bird: Let me ask a question. Maybe Anna can answer it. Anna, in the little diagrams you give us and showed up there, you show a 20 foot alleyway. Now -- and here you're saying 16 foot -- that you support a 16 foot; is that right? Canning: Right. And the original recommendation from Planning and Zoning Commission was a 20 -foot right of way with 16 feet of paving. I'm -- the current standard for ACHD is a 20 -foot right of way. So, there is -- I don't have any concern about keeping that. They may just move toward 16 -foot right of way overtime. Bird: The way I read this is that fire and police feel that a 20 -foot right of way, fully paved, is -- the development community contends a 16 -foot paved alley is appropriate. Don't say a word about having 20 -foot of right of way with a 16 -foot -- Canning: Like I said, we were talking mostly about the paving widths. So, it -- the right of way is not an issue one way or the other, other than, eventually, I think ACHD is going to go towards 16. Bird: Follow up, Mayor. De Weerd: Mr. Bird. Bird: Well, Anna, as I understand this, if -- the way this is written, that the community wants 16 -foot paved, but it don't say it -- shouldn't we have something like 16 -foot paved with a 20 -foot right of way? Canning: We can certainly do that, sir. Bird: Isn't that what you had stated? Canning: That was in the original recommendation from P&Z. Yes, sir. Bird: Thank you. Canning: We can change it back to that way. Bird: Thank you, Anna. De Weerd: Joe? Silva: Mayor, Members of the Council, one of our concerns is that once the project's finalized is that in that right of way things like fences, landscape rocks, and other obstructions show up in that and our concern is if the long-term intention of ACHD is to match the right of way with the pavement section, that conceivably we would be operating a fire truck that when its ladder rack is down and its compartment doors are open, it's 15 and a half feet wide. Trying to operate that apparatus in close proximity to houses, when you only have a right of way that's guaranteed to you that it's to be 16 Meridian City Councii May 2, 2006 Page 39 of 65 feet over the long run, with ACHD's future considerations of matching the pavement section to the right way, causes us a lot of concern and that's what -- that's what our major issue is as we move forward with this particular TNR revision. Everything else we have been able to work with the planning department in resolving all the other outstanding issues, I believe. We have worked very hard. But this is one issue that we would like some guidance from Council -- Mayor and Council as to what they would like us to do, but our strong recommendation is that we need a 20 -foot -- a 20 -foot improved surface to eliminate raised flower beds, bushes, overgrown shrubbery and everything else, it seems to invade that right of way. With that I'll stand for any questions, Mayor and Council. Wardle: Thank you, Joe. Council, questions for Deputy Chief Silva? Borton: Mr. President? Wardle: Mr. Borton. Borton: Joe, is it -- tell me is there any merit or validity to the idea of being able to provide fire protection with the front street access and the chokers and is the concept that you would be able to provide fire protection theoretically without ever needing to go down the alley? Or is that not an option? Silva: It depends where the fire is located and the intensity of it when we pull up as to what is going to be our best plan of attack to defend it, either prevent it from moving into another structure, to prevent it from moving into the living -- portion of the living -- the living portion of the -- the living quarters portion of the dwelling. One of our concerns or one of our prime concerns of when we looked -- worked at with planning when we laid this particular schematic out, that all portions of the exterior would be able to be reached by a -- by a fire truck operating in the street, either on that narrower portion, the choker portion of the street, or on the ends. All portions of the exterior would be within 150 feet of a -- of what we would consider a fire lane or a 20 -foot wide surface. With this particular layout we were very careful to lay this out, so that all points within these building footprints would be within 150 feet of an improved surface that's 20 -foot wide. Bird: Mr. President? Wardle: Mr. Bird. Bird: Mr. Silva, what percentage of fires start in the garage area of house residential fires? Silva: Just by the very nature of what you have in there as sources of ignition with the hot water heater, the heater, your main circuit -- your sub -panel for your electrical and just people that have hobbies that they do things in garages that bring flammable liquids and combustible products together, a large percentage of them do occur in the garage Meridian City Council May 2, 2006 Page 40 of 65 • and that's, obviously, where you store typically our ATVs, snowmobiles, things like that, and they are working on them. So, that's a very high hazard area. Bird: Thank you very much. Wardle: Thank you. Not to forget turkey fryers, right, Mr. Silva? Silva: That is correct, Councilman Wardle. That is -- we have had that happen a couple times and, unfortunately, on New Year's Eve sometimes. Wardle: Council, additional questions of staff? Rountree: I have none. Wardle: I do have one individual signed up for this item. Sherry McKibben. Is that correct? Okay. If you would, please, state your name and address for the record, Sherry. McKibben: My name is Sherry McKibben. I live at 515 West Hays in Boise. I am the director of the University of Idaho's Idaho Urban Research and Design Center, and we have been working Meridian for quite awhile trying to promote great design, great neighborhood design, and great quality of life. And I have got a little Powerpoint that I would like to show you, if you have time, which is in support of narrow streets and alleys. Council Members, I'm here to support the text amendment. We stood up in support of the text amendments at the Planning and Zoning hearing and wanted to address some of the other benefits of narrow streets and alleys that are a little bit more complicated than just the safety issues. Here is where they are best used. Obviously, on slower streets with less traffic, that's neighborhood -- residential neighborhoods. They need to be the right size for traffic, as you know. They are not collectors. They are best if they are part of a connected grid of short blocks and that is so that the traffic isn't concentrated on any one street. So, a short block, 250 to 350, gives pedestrians, bicyclists, motorists, choices for their travel path. They -- these streets are safer, actually, with the on -street parking, because they are -- the motorists perceive that there is more -- more unknowns and so that they drive more slowly, safer with a separated sidewalk and a planter strip also. And safer with bulb outs at the comers or in this case, you know, chokers or chicanes. Anything that's sort of hanging over the street, like street trees, means visibility isn't great and people will slow down in their cars. Benefits are reduced traffic speeds and I have got some statistics. Their size can meet actual traffic, few fatalities, less crash costs, that includes not only to the people in the cars, but to the vehicles and what the vehicles hit. Less costly to construct and maintain. That affects, you know, what we all pay in impact fees and taxes. Less impervious surface, so there is less storm water runoff and less need for areas for that. Less heat build up. And also they create a greater efficiency in land use. They allow for more homes in a neighborhood which reduces sprawl. Increased neighborhood livability. Pedestrian friendly. And, most of all, increased property values with the narrow streets. This diagram is in your plan already. It indicates that smaller blocks create greater Meridian City Council May 2, 2006 Page 41 of 65 connectivity, more path choices, and, consequently, less congestion. Here are a number of the reports. Narrow streets with closer buildings, closer to the street, reduce speeds. The best method to lower that speed is to reduce street width and to add planter strips. Here is a little graph on street width and injury accident rates, showing that the narrower streets have few accidents. Slower speeds. Impact speed versus pedestrian injury, you know, greater speed, greater injury and fatalities. Crash costs statistics. Fatalities, property damage, are greater with greater speeds. So, there is savings for traffic calming and narrower streets. And this is, really, a wonderful one. Increased property values from reduced traffic volumes and speeds. And, you know, what that means to you is that there are, you know, greater home values, greater taxes to you, and also people tend to live longer in more comfortable environments. So, it's a more stable neighborhood. Reduce sprawl. For every ten feet of street width reduce — ten feet of street width reduces the supply of homes, you know, three to four percentage points. Neighborhood live -ability is -- you know, really, you know, the most benefit to a city. If you have great neighborhoods, people are going to come to your city to live. Houses with friendly faces to the street. And, of course, alleys in the back make those streets look great. You don't have cars, you don't have a street cut up with driveways, you don't have cars parked in the driveways out in front. So, I have a bunch of alley photos here. This is a 12 -foot alley. They are able to control quite a bit of the shrubbery and any rocks and things that are handled in that alley through the homeowners association. We have looked at a number of subdivisions where they have done focus groups ahead of time and homeowners are looking for alleys that have a little bit of a tum to them, so there isn't a home that looks straight down an alley, you know, you just don't want to look down an alley and see all the junk that might be there. I have got some nice alley shots. But people do park either on a parking pad or in front of a garage, if there is space, and the alleys are for stuff. They are not -- that stuff has been taken off of the street -- street front. A ten foot wide alley, you can see there are a little bit bigger setbacks there for the garages. A 16 foot alley. This has — it's crowned in the middle, so the drainage is on the side. And, then, this is in Eagle, a 16 foot wide alley, with about a seven, eight foot setback for those garages. And we did a little -- our students did a survey around the valley on what cities have for their alley standards and we have got Boise, Garden City, Eagle, Star, all following ACHD standard of 16 feet. Kuna and Star are at 20 feet. Nampa is at 20 and we weren't able to contact Caldwell and Middleton. So, that's what we have locally. Now, if you were to go regionally, there are a lot of cities, particular progressive ones like Portland and Seattle that have 12 -foot alley standards. So, any questions? Thank you. De Weerd: Council, any questions? Okay. Thank you. Is there any additional testimony? Turnbull: Is this the last hearing on this issue? De Weerd: I can't answer that. Turnbull: David Turnbull. 12601 West Explorer Drive in Boise. You know, we have been through a lot of territory with the Process Improvement Group. I'm not here to Meridian City Council 40 May 2, 2006 Page 42 of 65 C represent developers; I'm not here to represent the fire department. I think -- and the reason I think I have been going to all the Process Improvement Group meetings and these hearings through Planning and Zoning Commission and the City Council is because I'm really concerned about what I feel is in the best interest of the city, looking at all different aspects. I know the fire department has their issues, but they are wanting to preserve and protect, but I -- you know, when we started out in the Process Improvement Group and we were looking at all of the various standards, we were looking at 12 -foot alleys, for example. We made the concession to a 16 -foot alley to accommodate the fire department. That's probably one of the more generous standards that you will find throughout the nation. I have been accused through that process of only caring about money, but I can assure you that if all I cared about was profit, then, I would be doing just the same old thing, because I can do the same old thing and do as well or better without any of the -- of the any extra process. So, I think the TNR zone may be a small part of Meridian's future, but I think it's an important one. We have incorporated into some of our master planned communities and I think it raises the architectural bar for the whole community. I think even people that don't necessarily want to live in that type of environment appreciate that environment for what it brings to the entire neighborhood. I think we are down to one issue and that's the width of alleys. A 16 -foot alley is, really, as I -- again, as I have said, as I have traveled throughout the country it's a pretty generous standard. Remind you that the fire department has two points of access, not one. It has access from a public street, it has access from an alley, and has double coverage, I believe. So, this is, really, a matter before you tonight to decide whether you want the TNR zoning to be part of the city's future. All I can tell you is that from my perspective and the perspective of my company, if we push that envelope any further, we will probably just stop doing TNR -type development in the Meridian City and we will look elsewhere and I think that would be a shame for the city. So, I would encourage you to accept this, the work that the PIG's done and the work that staff has done as the compromise position and approve the 16 -foot wide alleys. I did talk to Gary Inselman about the issue of right of way versus alley width. Right now the standard is a 16 -foot alley and a 20 -foot -- paved alley and a 20 -foot right of way. He says they have considered narrowing the right of way to match up with the paving width, but they haven't made any determination on that. I would probably encourage them to keep the right of way width a little wider, just so that the property pins fall outside of alleys and, you know, it's typical that the right of way width is just a little more broad than the actual paving width, even in your street sections. So, I don't know if that helps any, but I thought I'd clarify that and I'll stand for any questions. De Weerd: Okay. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This question, I guess, is for you, Mr. Turnbull, or maybe Mr. Silva. And you might not have known this when you talked about your travels, what this particular issue might have been, as hotly contested as it is. Do you get any chance to talk to any other Meridian City Council Is May 2, 2006 Page 43 of 65 • fire departments or cities or communities with regards to alley rights -- or alleys and whether or not they found any particular problems one way or the other with those? Turnbull: Did I talk to any fire departments? Borton: Yes. Or -- Turnbull: All I can tell you is what's on the books for different communities. I have a list of those in a file in my binder. That typical paved width is from 12 to 16 feet. There are a few examples of 20 -foot wide ones, but most them are 12 to 16 feet wide. I've seen them small as small as nine and a half feet, actually. Borton: Okay. De Weerd: Any other questions, Council? Bird: I have none. De Weerd: Thank you. Well, I didn't even have to ask this time. Inselman: Sony. Gary Inselman with ACHD, 3775 North Adams, Garden City. I just wanted to clarify our alley standards. There appears to be some confusion. Our standard alley width is 20 feet in a commercial area. In a residential area we do allow a 12 -foot paved surface in a 16 -foot right way. And what we are considering, but we haven't really even started yet, is revising that 12 -foot standard, because it appears to be a little narrow in several situations around the county. But we are most interested in what the cities and the fire departments would request, as we didn't consider fire access when we adopted our 12 -foot paved standards some years ago. We anticipated they would access from the street. De Weerd: Thank you. Any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Gary, would you restate your standard and what it is you're thinking about in terms of a standard? Inselman: Our current standard for a residential area, we do allow to be reduced down to a 12 -foot paved section in a 16 -foot right of way. We are considering increasing that pavement width. The 12 feet has appeared to be a little narrow in some situations. We have had complaints from residents after they have moved in and some of our maintenance -- going to 12 feet is a little narrow. And we have debated whether we should have a right of way width greater than the paved area. There doesn't appear to be a real reason for that from the highway district's perspective. It's not like we have Meridian City Council May 2, 2006 Page 44 of 65 utilities there or anything like we do in the standard street behind a curb, so -- but, again, we haven't even started a process there. There is just issues that have come up in the last six months that we are looking at dealing with in the future, including fire access to the alleys if the different fire jurisdictions request that. De Weerd: Any other questions? Did that answer yours? Okay. Inselman: Thank you. De Weerd: Thank you. Is there any additional testimony? Any further staff comments? Okay. Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Mr. Silva, I think when I asked Mr. Turnbull a question, I made a reference to you and I guess I'll give you the chance to response, if there were, you know, anecdotes or information from other municipalities for fire departments where they approved 16 foot alleyways or 12 foot or whatnot, and -- Silva: The majority of the fire departments, as Gary Inselman referred to, are requesting a 20 -foot right of way and a 20 -foot paved surface. Nampa, as an example, Caldwell -- I can't speak to that. One of the problems with that narrower section is that things -- excuse me. One of the challenges that we have in Meridian is we don't have a whole lot of experience in dealing with traditional style neighborhoods, but I took the liberty to shoot some pictures in a similar development in Boise and in the alleyway and some of the obstructions that came -- came in to obstruct fire department operations or potential fire department operations in that area. This is the mill district and what we are looking at here is, again, as -- if we just have a right of way that's not improved and not an improved surface, people, after the project's been finaled, take it upon themselves to do what they deem appropriate at the rear of their property. As an example here, we have a raised flower bed on the left-hand side here that potentially is a thing that we have to contend with. And I believe these alleys -- Anna, you can, perhaps, help me out here -- we are dealing with a 12 foot wide surface? Yeah. This was a fence that's sifting on the right -- on the edge of the right of way with a series of rose bushes that go down through the side of the pavement and these are things that we are trying to get around in the middle of the night. Bushes -- bushes that are growing into that edge of the right of way. And in this case it's really kind of hard to pick up, but there is a basketball hoop right here. And instead of the actual hoop being straight across, it was kind of ironic, because the hoop was turned up on one side and when you looked at it, it was, obvious, that it had been struck by a high profile vehicle at some point, because the hoop was no longer straight across. Kids will hang on hoops and bend them down all the time, but you rarely see a basketball hoop bent up. Those are just some examples, some pictures that I wanted to show you in a similar type of project. Again, we don't have, in Meridian, much experience in dealing with these, but I felt that this Meridian City Council May 2, 2006 Page 45 of 65 might give Mayor and Council a little bit of an idea of some of the actual physical challenges we have run into. And I'd like to comment just a little bit further on our presentation by Sherry. When those cities have been done, they have been done in -- I saw that the -- the Minneapolis fire department was one of the fire departments that were profiled there. And Seattle. And I will still contend that their resources are much greater than the Meridian Fire Department's in contending with problems and overcoming obstructions in the field when they do encounter them. So, those are some of the challenges we have in terms of staffing when you're -- you know, you have got to compare apples to apples, you know, when you're dealing with studies that narrow down these alleys and people are expected to operate within these narrow areas. De Weerd: What do you mean by that? They have greater resources. Silva: Well, the two -- the two cities that were highlighted in those two studies were Minneapolis and Seattle. Obviously, their firefighting capability, there is a lot more staffing available on a daily basis than what we have. We have, you know, four stations with mutual aid rounding out our response versus what Seattle has at their disposal. De Weerd: And has that been a problem? I guess I don't get your point in why an alleyway would make a difference on that. I'm trying to understand your point. Silva: Thank you, Mayor. When you have to pull hoses around vehicles and other obstructions, it takes people to be able to do on a -- to make sure we can mount a quick attack and when we have -- the more obstructions we put in the way, then, we have got to maneuver around, delays that attack. And that's what I was trying to contend with. Their stand response is much greater than ours. De Weerd: But I guess, Joe, wouldn't you have now additional access to those homes, because you can combat the fire from two sides, other than just one? Silva: That's correct. Depending on the location of the fire and the intensity of the fire. De Weerd: So, you would think that this would give you more availability to it. Silva: If we didn't encounter a lot of obstructions in -- when we went down the alley. De Weerd: With the chokers or -- or whatever they call them, doesn't that also provide you that opportunity on the front side of the home as well? Wasn't that why that -- Silva: Yes. That's correct. De Weerd: -- was a reasonable compromise? Silva: Yes, Mayor, that's correct. The chokers and the cross -streets are the points we intend to operator from in this proposal. Meridian City Council May 2, 2006 Page 46 of 65 • De Weerd: Well, with some of these concessions, doesn't that give you access that was a concern at one point? I guess I'm asking -- they have tried to mitigate all the different concerns and I think what Gary had mentioned from ACHD's point, it wasn't the 20 feet of pavement they were saying to expand it to 16 feet and whether to, then, require a 20 -foot right of way, not 20 feet of pavement, that's not what I heard. Silva: Right. One of our concerns is that if they go to a 16 -foot wide right of way with a 16 -foot wide improved surface, is that we will be trying to operate in a -- our fire trucks are 15 and a half feet wide with the ladder rack down and the doors open. Firefighters need room to move in and around that apparatus when it's down in that alley and our concern is that with only 16 -foot right of way and 16 -foot wide surface, we are not going to have much room to be able to operation in there. De Weerd: Okay. But that's not what this proposal is. It's 20 feet right of way, 16 feet pavement. Is that -- did I get that wrong, Anna? Canning: Madam Mayor, Members of the Council, right now it just says 16 feet of paved surface. Doesn't specify a right of way width. If the standard ACHD right of way width is 20 feet, then, it will be 20 feet. We do sometimes have private alleys, so the right of way designation wouldn't be appropriate there, because they don't have a right of way. But, again, we can add the 20 feet of right of way to the 16 feet, but it won't change the effect of the built environment, because we were measuring things primarily from the edge of the pavement or there is varying standards, depending on the width of the right of way, which is a little confusing. So, if Council and Mayor are more comfortable having a 20 -foot right of way designated, it won't be a problem. I did want to point out on the fences, we have required -- where is that fence one. I lost it. We have -- you wouldn't see a fence this close to the alley with the restrictions we have right now. We have required five feet from the property line. So, if this were in a -- if this were a 16 and 20 -foot alley, then, you would have five feet from there before you had a fence. So, you will have anywhere up to seven feet before you get -- from five to seven feet before you get any fence. They won't be close like that. Bird: Madam Mayor? Oh, excuse me. De Weerd: I guess -- and your point is that the fire department is not going to be obstructed on either side. You will still have room to bring your stuff all out, because you're not going to have a fence right at 16 feet or you're not going to have a garage right there either, so you will have room to maneuver and that's the five feet point of the fence. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: The 16 -foot with the 20 -foot right of way — 16 -foot of paved, Joe, I -- if it was stated within that two foot on each side or -- I guess you'd have two feet on each side, Meridian City Council May 2, 2006 Page 47 of 65 L J then, it would be paved, that no permanent obstacles or raised things, like raised gardens could be done, I would think that would take care of your problem. The 16 -foot is wide enough to get the truck down and -- because I know we tried on some -- we had the opportunity to ride around on some trucks and getting on and off the narrow ones the narrower ones is tough for the middle of the night stuff. But I would think if you're -- if we are -- when we have got our ladders down and our doors open we are 15 and a half feet wide, you're on 16 feet of pavement and you got two foot feet on each side, should give you enough to pull the hose and everything, I believe, shouldn't it? Silva: Councilman Bird, Mayor and Council, yes, that's correct. Our concern is just what may show up inadvertently over the course -- over the life of the -- over the life of the development. That's our concern. And these were just some visual depictions of what those challenges potentially can be. Bird: Madam Mayor, follow up. De Weerd: Yes. Bird: It's -- it's like anything, though, you know, we can make these rules and regulations, but sometimes we can't enforce them. It's just like parking on the streets, they say there is no parking on the street, who is going to be out there to enforce it? If a friend stops by for ten minutes, they pull out there and at the time the ambulance has to come back or something. You know, there is no -- that's something you have to live with I think. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It seems the issue is really and truly about individual property management and obstructions in this future alleyway and I would ask this question of Anna and David both, is there a concept where the alley itself -- I mean you have agreed to a setback of some 20 feet, if it's a 16 -foot wide alley. Could that 20 feet be a common lot providing access to the garages for each one of those individuals, but be maintained by the homeowners association that would prescribe what the homeowners association would put back there and individual property owners would not be able to put a blue spruce in it or a fence or a raised planter or whatever, but something that would be reasonable and I think that that could be worked out between the applicant and whomever or where ever it went within the city and the fire department as well. But, in effect, you would create a -- something that's on the order of 50 to 60 feet wide that could be -- you know, could have low growing shrubs and growing planting beds or whatever might be able to grow in some of those canyons that you create anyway. It's kind of tough to grow stuff in some of those spots. But it would eliminate the desire of the homeowners to go out there and put in raised garden for carrots or whatever it is they might want to grow or a large inappropriate landscape that once it gets huge and beautiful in the way, they are not about to go in there with a chain saw and take out and there is a lot of landscaping Meridian City Council • May 2, 2006 Page 48 of 65 you could do that's low maintenance, attractive, and low growing. So, is that somewhere we could explore? And I would ask Anna and David and maybe Sherry to see if that's unreasonable. Canning: Madam Mayor, Members of the Council, so if you had a common lot -- that concept seems a little odd, but perhaps maybe a use easement on the rear setback portion. I'm not sure how that would really be much different than just putting restrictions on what you could have in your rear setback. Maybe limit it to ground cover, no tree closer than ten feet or something like that. I mean we are, really, just talking about that two feet as the area of concern, not the whole back area. If you wanted to put a columnar pear at five feet, it would probably be okay, even in the long run, so -- Rountree: Madam Mayor, if I might address Anna's question back to me. I'm not concerned just for the two feet for what the fire department's talking about about access to their folded out truck, the police have indicated that having some vision through this corridor is beneficial to them to be able to keep track of the kinds of things we don't want to have happen in these dark recesses and that they don't want to have to be constantly enforcing. So, it would create, in essence, a clear zone that doesn't have to be stark and it would have it under one management, instead of 30 different individuals who want -- I want a six foot piece of columnar basalt fountain in that little tiny piece next to my driveway or I want to plant a Colorado blue spruce that today I can buy this four foot tall and three feet wide and in 15 years is going to be 20 feet wide and 30 feet tall. I mean just have one management of that area, so you don't have all these odd things that can happen. De Weerd: Are we going to do that along our pathways, then, too? I mean I -- I guess I think the chief and I have had some of these discussions and these alleyways, actually, give you a better view into the back side of these properties than we have along our pathway systems or even in our traditional neighborhoods that have the linear parks behind them and, you know, people are allowed to build or plant or -- you know, I guess we should look at some precautions, but, then, we -- if we are going to restrict them for ally ways, we need to look at our pathways and we need to look at any open space behind it and even at that, in my backyard for eight years I had an empty field behind me, you know, there was very little vision into that, because there was no road back there, it was just an empty field, but I will tell you what, there was a lot going on back there, too, at certain times. So, I guess I hate to get into legislating safety that we as homeowners should think of ourselves. But, Anna, do you have a response? Canning: The concept seems a bit odd to me, but I haven't had time to think about it, other than the last five minutes, so I -- Rountree: I appreciate that. It just came to me, so -- De Weerd: Well, it's just coming to us. Mr. Turnbull, do you have any ideas? Meridian City Council May 2, 2006 Page 49 of 65 0 Turnbull: I think if your intent is to limit the kind of obstructions that can occur within the alleyway, you can do that on the private side through the CC&Rs, whether it's a right of way owned by Ada County Highway District or whether it's a common lot owned by the homeowners association. I really don't think you're going to get a homeowners association to effectively maintain that two foot strip of ground on either side of a paved alley. Are you talking about something else, Councilman Rountree? Rountree: Madam Mayor, if I might explain -- expand my concept. I'm talking about the 20 -foot setback to the edge -- I'm talking about the whole corridor back there. Plan the corridor for safety, accessibility, and visual and have it managed by one group, the homeowners, and maintain that concept. Just -- I heard the problem and -- Turnbull: So, you're talking about the 20 feet on either side of the alley? Rountree: Yeah. The problem is obstruction, so, you know, it's a real quick reaction and I'm just throwing it out there to see if it sticks. Turnbull: Yeah. Like Anna, I hadn't thought about that. I don't know that I have ever seen that done in an alley before. Sony. Rountree: Thank you. Canning: Madam Mayor? Bird: Don't leave. Madam Mayor? De Weerd: Mr. Bird. Bird: I'm glad he's back up here. I wanted to ask him a question. Out at Heritage Commons what are the width of those -- Turnbull: Twelve foot alleys and a 16 foot right of way. Bird: Paved. Yeah. Sixteen foot, 12 paved. Turnbull: Right. Bird: Okay. Thank you, Dave. Turnbull: Can I just point out one thing, too? And Joe brought up a number of photographs there and there is a lot of instances in those photographs where you might have seen an obstruction encroach near the alleyway and you can prohibit those by CC&Rs if that's something the Council chooses to do. You will still have code enforcement issues, both by the homeowners association and probably by the police department or the fire department and that's a fact of life. But I also would like to point out that there were many pockets, shall we say, created by driveways, empty driveways Meridian City Council May 2, 2006 Page 50 of 65 where the fire department would have had full operational capabilities. So, just because you might have one obstacle in a three or four hundred foot stretch, you might have ten pockets of operational capability by virtue of the fact that you have got driveways coming off those alleys, too. And, more often than not, not parking, sometimes they have parking in them, but the ones I have observed mostly not. De Weerd: Okay. Is there any -- Anna. Canning: Madam Mayor, now that I've had one more additional minutes to think about this concept, one -- one issue would be -- you wouldn't want to do it the whole 20 feet if you did it, because you would just -- because, then, these back property lines -- these back structures would be on a zero lot and, then, you get into fire code issues with that. So, that would be a concern. It's just the idea of having a strip there -- just as a homeowner, I would be concerned with that in that if my neighbor were out fixing his car on his driveway and broke it somehow, then, I know I'm having to pay for that over time and I think that those would seem like a very private space and you would treat them like a very private space, but, in actuality, the homeowners association would have to foot the bill for what was happening on that and I think you see when that happens and what's clearly a common open space, you know, neighbors will say, hey, you know, don't push down that tree, quit hanging on that limb, you're going to break that tree or something like that. But you wouldn't have that perception back there if it was the driveway to one house, I think, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While Anna's got the thing in front of her -- Anna, you feel comfortable and your PIG group feels comfortable with the 16 foot paved, 20 foot right of way? Canning: Yes, sir. Bird: Okay. I could throw out another doubt, but if they wanted to go back to just 16 foot and make everything fire sprinklered, so -- I don't think they want to do that. De Weerd: Okay. Well, this meeting has gone much longer than I ever thought it would. Is there anymore discussion? Bird: I think chief has some. De Weerd: Chief. Musser: Madam Mayor, Members of the Council, in terms of the idea that we just ran through, I would be hesitant to endorse that as well. Traditionally, we haven't had a whole lot of luck with homeowners associations over an extended period of time and if they have it, nobody takes ownership for the property, as opposed to having it with the Meridian City Council May 2, 2006 Page 51 of 65 house itself. So, some people will at least take some ownership on it. Pathways have a tendency to sometimes go that way as well, as well as some other amenities within subdivisions where we have the homeowners associations. I think we might be better off if we left it up to the individual homeowners and kind of work with enforcing on it. Who knows what 15 to 20 years will bring us. I just know from my own personal experience in one neighborhood that while there had been CC&Rs, there was never an association when we bought the house and we were the third owners, initially, on it, that did any enforcement in some of those older ones and, traditionally, in Idaho -- and I have heard some discussions having lived here for my 40 plus years, that homeowners associations sometimes aren't looked up on with a whole lot of favor and we do need ownership issues to take place, at least in my line of work with the crime prevention through environmental design concepts that we look at, ownership becomes a big portion of how we keep things viable over time and safe for everybody that's living there. So, that's my two cents worth for you. De Weerd: Thank you, chief. Is there anything else, staff? Canning: Madam Mayor, Members of the Council, if you'd tum to page five of the memo I presented for tonight's hearing, where it says item number five, alleys. Those are the standards we have for alleys right now. I think what I'm hearing is a modification to 3-A, adding a clause that it would be within 20 feet of right of way and I think I'm hearing an F, which would be that the right of way shall be kept clear of any obstructions. Or added onto -- you could add that onto A as well. That would give code enforcement a tool to work with as they have -- if they needed to. De Weerd: As they would need to. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what kind of obstructions we are talking about? Because somebody said ground cover and sometimes those -- you know, if you're jumping off the thing and into some of those shrubs and stuff that is called ground cover, you're liable to wind up on your head more than you are on your feet, so -- just be grass. Canning: I don't know if you want to specify sod. Some ground covers I think are okay. The low lying shrubs are not, so you might want to say clear of obstructions, including low lying shrubs. Bird: Will that do it, Anna, for enforcement? Canning: Any vertical obstructions? Any vertical obstructions. Bird: Okay. I would agree with that. Meridian City Council May 2, 2006 Page 52 of 65 Rountree: Can you enforce that? Bird: Well, can you enforce anything. Borton: Madam Mayor, you could do blue turf up one side, orange turf on the other and ten yard hash -- Bird: We are for that. Canning: I see a black and gold statement coming here. Rountree: How about some black and gold? Bird: Yeah. We can put Vandals on the blue and orange. De Weerd: This is a property rights state, right? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I think it's time to close the Public Hearing -- De Weerd: Thank you. Bird: -- on Item No. 20, ZOA 05-002. Rountree: Second. De Weerd: Okay. There is a motion to close. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Are we at a point where we can have a motion? Bird: Madam Mayor, I'm -- De Weerd: Mr. Bird. Bird: -- ready to make a motion, if the other Council people don't have anymore discussion or anything they want to discuss? And I might need some help from Anna, so keep the mike by you, Anna. I move that we approve ZOA 05-002, the request for zoning ordinance text amendment and, basically, include everything, except -- well, in the alley it's going to be 16 feet of paved alley, with 20 feet of right of way, with no vertical obstructions in the right of way area and to include all the outstanding issues as Meridian City Council 40 is May 2, 2006 Page 53 of 65 explained by the administrator, planning and zoning administrator and to include all public comment by Mr. Turnbull, Mr. Inselman, and Mrs. McKibben. Am I leaving out anything? And to go back -- well, we have already -- I think that -- you went back to the five foot setbacks in your deal here. Side setbacks; right? Canning: Yes, sir. Bird: Thank you. Is there anything else I'm leaving out? De Weerd: You can't ask until you get a second. Bird: Okay. Well, no, I'm just -- I'm asking on my motion. Okay. That's my motion. De Weerd: Okay. Wardle: Second. De Weerd: Okay. Any discussion? Canning: Madam Mayor, if the maker of the motion could just clarify that it's the text -- text changes specified in the memo for the hearing date of May 2nd, then, could -- it's not the same as your staff report, so I just need you to specify that those are the changes that you want. Bird: Okay. De Weerd: I'm sure that's what he meant. Canning: Okay. Thank you. Bird: Text amendment changes as stated for the Public Hearing May 2nd, 2006. De Weerd: Mr. Nary. Nary: And, Madam Mayor, just for the Council's edification, the -- what we will do is work with planning to get the codification draft back in front of you. That will probably be a week or two to get the changes done, so we get the proper format in front of you for approval, so just so you know that you will see this one more time. Bird: Okay. De Weerd: Okay. But it will be a closed -- Nary: Right. It won't be for Public Hearing. It's just that we can't send a staff report to the codifiers, so we will have the codification -- or a codified code in front of you in an week or two. Meridian City Council • May 2, 2006 Page 54 of 65 De Weerd: Appreciate the clarification. Mr. Borton. Borton: Madam Mayor? Are we discussing? De Weerd: Uh-huh. Borton: I don't know -- I don't know -- an obstruction, by its very nature, is an obstruction. So, maybe it's being nitpicky. I don't know what a vertical obstruction is. I would be inclined for the 20 feet right of way clear of obstructions. I don't want any horizontal obstructions, I guess, whatever those might be either. I know we will be asked in two and a half months to decide what that is and -- I might be inclined to just say no obstructions. Bird: Well, the motion maker has no problem just with no obstructions at all. De Weerd: Okay. Second agree? Wardle: Second agrees. De Weerd: Thank you. Anything further? Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Rountree: It's with some hesitancy in the creation of yet one more enforcement nightmare that we impose on staff that I will so vote aye. But don't tell me I told you so. De Weerd: Okay. We won't. MOTION CARRIED: ALL AYES. Item 21: Continued Public Hearing from April 4, 2006: Amendments to the Pawnbroker Ordinance: De Weerd: Thank you. Okay. Item 21 is also a continued Public Hearing. I will -- we did ask the chief to meet with the owners that would be affected by this ordinance and so I will ask you to give a report on that. Musser: Madam Mayor, Members of the Council, I did confirm that our meetings had been held. Detective Mark Taylor was coordinating our meetings and making sure that the revised draft ordinance had been reviewed by our -- by our two pawn brokers, who are present in the audience this evening, and I was able to confirm with them as they got here, too, Mark had met with them. At this point my understanding is that they don't have any significant concerns with the revisions as they were presented. However, we were also talking and I did have a report from Mark in terms of the computers that we are looking at requiring our pawnbrokers to use. I was wondering if I might be able to Meridian City Council i, May 2, 2006 Page 55 of 65 • get some feedback from our director in charge of IT, Mr. Nary, as to whether or not the city may have some old computers available that we could surplus out to the -- each of the stores that would at least run a minimum of Windows 98. That looks like the minimum requirement we are going to have to have. Currently we are on Windows 95 with one and I know we don't surplus those out oftentimes to schools or the Boys and Girls Club, but I wasn't sure where we were at with that or if it's something we might be able to look at down the road. Nary: Madam Mayor, Members of the Council, we can't surplus property to individuals, so we can't -- we can't give the city's property to a pawn shop. We can give it to a charitable organization, we can do that, but we can't necessarily give it to an individual. That's my initial answer. I mean I will certainly look and see if there is some way that we can provide this service. I guess if we retain the ownership of it we could probably do that. Musser: Yeah. I guess that would be my other question in regards to it, because the police department is requiring this as a part of the reporting. If we put in there and maintain that control over it, but have it provided for them, if that might be a viable option. Nary: Yeah. Madam Mayor, we certainly can explore whatever options we can do to do that. If it requires us to maintain ownership of it, then, we will come back to you and make sure that that's okay, but I don't think we can just simply transfer surplus property to individuals. But we can figure out something. I'm sure we have some machines that would be able to be used for this purpose and since there is only two, we could probably make that happen in some fashion. Musser: Madam Mayor, Members of the Council, additionally with that, we would also -- if that becomes an issue, grandfather that in and make sure that anybody else that applies for licensing within the city in the future does have a computer available as we move forward on it. Additionally, in terms of where we were at in talking with both of our pawn brokers, what we are targeting at this time should -- should the Council go ahead and move forward with approving the ordinance and moving forward on that, we were looking at having an implementation time of July 1 of 2006 to allow us, say, a 60 day period to be able to get everything in place, do some more additional training with it, test it, and, then, put it into effect after that July 1, 2006, date. De Weerd: Thank you, chief. Any further questions? Bird: I have none. De Weerd: Okay. Any statements? No? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council • May 2, 2006 Page 56 of 65 Bird: I move we close Item No. 21. Rountree: Second. De Weerd: Okay. Motion to close 21. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I was going to say, don't -- that is by ordinance. Do we have to pass on that right now? Nary: Madam Mayor, Members of the Council, it's Item No. 25 in your agenda, so you can take it up once you get to that item. De Weerd: Oh. Sorry. Bird: That's the ordinance. De Weerd: Thank you. Bird: We wouldn't pass now, would we? De Weerd: No. Okay. Okay. And we are clear on the direction as far as the request from the chief on the computers? Rountree: If the chiefs clear. De Weerd: Did you need any additional clarity on that? Musser: I think I missed something there, Madam Mayor. Is that -- De Weerd: Is there a question on the computers? Musser: I'm song, one more time. I didn't hear you. De Weerd: Am I -- Meridian City Council • May 2, 2006 Page 57 of 65 Nary: Madam Mayor, Members of the Council, I believe the direction of the Council is is just to work with the two pawn shop owners and see if we can find surplus machines that even if we have to maintain ownership of those machines, but to allow them to comply with the ordinance to run the program that we are requiring by this ordinance, to see what we can do either now or in the immediate future to get machinery in their shops to be able to do this. If that's the direction. If something changes or something else, we will certainly bring it back to you, but that's the direction as I understood it. De Weerd: Do we need a motion for that? Nary: I would prefer that, simply since we are going to be taking city property and locating it somewhere other than on city property. I would prefer a motion if that's your desire. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor. Chief, all you need is Windows 98? Musser: Madam Mayor, Councilman Wardle, Members of the Council, I believe that's -- that's, basically, all we need at this time. In talking with Paul's wife, I'm song, I don't know her first name right off the top of my head. She advised she had tested it on the Windows 98 format and it did function. So, that would be, I think, the minimum requirement that we would have at this time. It won't work on Windows 95, which I know Terry has in his shop on his old computer. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Are we making a motion to approve the ordinance or -- De Weerd: No, to -- Borton: To place the property? De Weerd: Yes. Borton: Has that been done before? De Weerd: No. Not to my knowledge. But I don't know everything, so -- as long as you don't tell my husband I said that, we are okay. Wardle: Madam Mayor? If I might suggest to Council that maybe we -- there might be a simpler business -to -business solution to our situation that could be had for not a lot of monetary exchange. If you would give us a week to look at that, maybe I can work with the chief before we commend city property to this new venture. Is that okay, chief? Meridian City Council May 2, 2006 Page 58 of 65 0 Musser: Madam Mayor, Councilman Wardle, Members of the Council, that's, basically, what I was looking for is if we had some options to be able to look at in the meantime as we move forward on this. That's also why we are requesting implementation in July. So, I appreciate that -- that offer. De Weerd: Well, we will go ahead and move forward, then, with the idea that we will explore the options and a report can be brought back to Council on what those options would be. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Then we better -- you better reopen the Public Hearing, so we can continue it. De Weerd: I don't think that's necessary. Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean unless you're looking at other information on the ordinance itself, I think you're just looking at implementation. You can certainly table Item 25 to your next meeting. Bird: Yeah. De Weerd: Mr. Nary, does that affect Item 25? Nary: No. De Weerd: Okay. Nary: I think, Madam Mayor, Members of the Council, unless your concern is of not implementing Item 25, unless we can -- unless there are computers available for these two businesses, that would be your only impact by this discussion next week. If you're still of the mind set to implement it regardless, then, you can certainly pass on it tonight if you choose. Item 22: Public Hearing: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use -Regional, by the South Eagle Road and Victory Road Property Owner's Alliance — Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: Item 23: Public Hearing: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed- Meridian City Council May 2, 2006 Page 59 of 65 • Use Community by Conger Management Group — 675 and 715 South Wells Street: De Weerd: Okay. Okay. I'll open Items 22 and 23 which are public hearings that are premature. Anna, do you want to give an overview on those two items? I know you -- you did in regards to -- that they still have not been in front of Planning and Zoning? Canning: Yes, ma'am. Sony about that. I packed up all my stuff. I wasn't paying attention to the agenda. Sorry about that. With regard to the South Eagle Road Victory Road Property Owners Alliance, the Planning and Zoning Commission has finished their Public Hearing, in essence. They -- when they submitted their zoning request, they only submitted for one C -G zone. They came back and they submitted for C -G and L -O, which isn't a problem, but they also submitted for a residential zone. So, just to be safe, we weren't sure if it needed to be re -noticed or not, so erring on the side of caution and with the advice from our astute legal counsel, we decided to go ahead and re -notice the application with the residential zoning, just to make sure we had a good record. So, that one is just waiting to be re -noticed and, then, it can come up to you. But it will be heard again by them on the 18th. So, the soonest it could get up to you is the 20th. And I'm just providing the soonest dates for you that — that we are aware of. If the Council is not having a hearing that date or wants to make sure that -- that one will be ready on the 20th, we are almost positive, so -- on the other one -- do you want to do these one at a time, Madam Mayor? De Weerd: No. If you will give them both. Canning: Okay. On the second one, the Wells Street Comprehensive Plan amendment, that goes before Planning and Zoning Commission on Thursday. So, if they were to make a recommendation on Thursday, it could get up to you by June 6th. Again, we have no idea how that hearing is going to go. Whether they will get through it in one night is -- I guess I'm a little doubtful at this point they will get through it in one night, but I'm not sure. De Weerd: Okay. Well, Council, I guess the direction we would ask from you is do you want to hear both of these together and if the soonest is June 20th, I do know that Councilman Wardle will be gone on that date, as will I, and -- but you will still have a quorum, it would just determine -- you would need to decide if you wanted a full Council seated for our Comprehensive Plan change. Rountree: I would think that would be appropriate. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: We discussed this in our agenda meeting and, certainly, if we are looking at Item 22 and the potential for that to push through, we have got a number of dates that Meridian City Council May2,2, 2006 Page 60 of 65 are not going to work. I believe the first available date that we had where both the Mayor and the Council, that we were aware of, was going to be in full seat was the 11th of July, which if a June 20th expectation is there, it certainly doesn't seem out of line that it could come on July 11th. The other issue is on Item No. 23, we could potentially put that on the agenda for June 6th, hopefully get that out of the way or continue for -- you know, I'm not sure -- we could hear it and we could have that discussion on the 6th. I believe, Anna, you mentioned that it should come forward after this next meeting; is that correct? Canning: Well, if the Planning and -- if the Planning and Zoning Commission makes a recommendation to Council, then, it would be available for the 6th. Assuming that Council wants to wait until you have your P&Z recommendation. Wardle: And, again, just to remind -- I believe we have had that discussion a couple times, that we would like to see them come forward and -- I don't think we need to hear them together. As a matter of fact, I wouldn't -- I wouldn't want to hear these two applications in the same meeting, but if we could go on the 6th for 23 and, then, potentially July 11th for No. 22. That's what the clerk's office and I have tentatively worked out. Bird: Sounds like a winner. Make a motion. Rountree: Make the motion. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we continue Item 22 to July 11th. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. Motion to continue these two items -- or hear them on the -- Wardle: Just Item 22. De Weerd: Item 22 on July 11th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council • May 2, 2006 Page 61 of 65 Wardle: I move that we continue Item 23 to January -- or June 6th, pending Planning and Zoning hearing. Rountree: Second. De Weerd: Okay. The motion is to continue -- or hear this Item 23 on June 6th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: They were reopened, right, Mayor? Or opened. De Weerd: Well, I didn't even know we opened them, because they haven't even been heard at Planning and Zoning. Berg: Madam Mayor, these have been heard by Planning and Zoning with recommendations. There is a project -- De Weerd: Oh, it's the applications. Berg: -- coming with them that we were trying to match up. So, I'm just making sure that we did open these hearings and we -- De Weerd: Well, we discussed them, so, apparently, they are open. Berg: Because we kind of just -- okay. Thank you. Bird: You opened them, right? Item 24: Ordinance No. 06-1229 Adding Title 6, Chapter 2, Section 9 of the Meridian City Code Regarding; Voluntary Relinquishment of Dogs and the Fee Therefore: Item 25: Ordinance No. 06-1230 Amending Title 3, Chapter 5, of the Meridian City Code Regarding: Definitions of Pawnshop and Related Terms, Pawnshop Licensing Regulations, Appeal From Denial of License, Inspection of Pawnshop Premises, Records, Prohibited Acts by Pawnbrokers, Prohibited Acts by Pawnshop Patrons, Exempt Transactions, Proving for a Penalty for Violations: De Weerd: You bet. Make sure you type that into the comments, Dean. Okay. Item 24. 1 need an ordinance number. Mr. Berg, do we have an ordinance number for 24? Okay. Ordinance 24 is 06-1229. Mr. Berg, will you, please, read that ordinance by title only. Meridian City Council May 2, 2006 Page 62 of 65 • Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1229, an ordinance to add Title 6, Chapter 2, Section 9, of the Meridian City Code regarding voluntary relinquishment of dogs and the fee therefore and providing for waiving of the reading of the rules and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve 06-1229 with suspension of rules. Rountree: Second. De Weerd: Okay. Motion to approve Item 24. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 25. Council, would you like this read by title only? Do you want to continue to until next week? What would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have no problem with having it read tonight and passing on it. This is something -- we are not actually -- we are not actually putting the computer, Windows, or anything in our ordinance, so this is the ordinance doing the amendment. So, I don't see any reason why we can't pass it tonight and, then, Shaun and chief and the owners can work out some kind of a deal, which they can bring back and explain to us, but it don't -- I wouldn't see it would affect the ordinance at all. So, I'm for doing it, if it's okay with the rest of you guys. De Weerd: Okay. Thank you, Mr. Bird. Mr. Berg, will you, please, read this ordinance, 06-1230, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1230, an ordinance amending Title 3, Chapter 5, of the Meridian City Code regarding definitions of pawn shop and related terms, pawn shop licensing regulations, appeals from denial of license and inspection of the pawn shop premises, records, prohibited acts by pawn brokers, prohibited acts by pawn patrons, exempt transactions, providing for a penalty Meridian City Council . May 2, 2006 Page 63 of 65 of a violation and providing a savings clause and providing a waiver of the reading of the rules, and providing an effective date. De Weerd: Thank you. You have now heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? I have to ask that. Bird: Madam Mayor? De Weerd: Council. Bird: I would move that we approve 06-1230 and have a date certain of an effective date of July 1 st, 2006, and pass this with suspension of rules. Rountree: Second. De Weerd: Okay. We have a motion to approve Item 25. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 26: Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Thank you. Okay. Item 16, Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Meridian City Council May 2, 2006 Page 64 of 65 Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. 0 De Weerd: I would remind you that Ten Mile Road traffic has an open house on May 11th from 4:30 to 6:30 at Ponderosa Elementary. I do need to know who all is going to the AIC meeting? Keith you are going, correct? Bird: In Lewiston? De Weerd: Yes. Bird: Yeah, I guess. De Weerd: Shaun? Charlie? Rountree: (Inaudible). De Weerd: Okay, we do have a block of rooms reserved if any of you needs one of those. I just put in front of you tonight that we did get the community block grant for the Senior Center, so just (inaudible). Rountree: Not to be poor sports, but should we send a letter of congratulations to Coeur d'Alene? Bird: I think we should. But, it made me sick when I seen the picture of it last night. Wardle: Motion to adjourn. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 10:42 P.M. Meridian City Council 41 40 May 2, 2006 Page 65 of 65 (TAPE ON FILE OF THESE PROCEEDINGS) OF g-/ 67,16 APPROVED OL - /�/���'rrrrrrrrt naaeM+���m,' ILLIAM G. BERG, JR, 6ITY CLERK April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of April 25, 2006 Pre -Council 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 public meetings shall become property of the city of Meridian. • April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 • APPLICANT William Colson, Hugh Colson Trust & Meridian Premier ITEM NO. MI 05-018 5-B REQUEST First Addendum to Development Agreement — Miscellaneous Request to Amend the previously approved Development Agreement for cottonwood Lane Annexation (AZ 04-029) — 985 East Freeway Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached 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: I -e -f, Date: -' Phone: «j- Emailed: f'raAg Ire (04 It VY -A -C;. �WSi(-4 , (?�r,) Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Lly) • GIVE e,,RSLEY LLP LAW OFFICES 601 W. Bannock Street PO Box 2720, Boise, Idaho 83701 TELEPHONE: 208 388-1200 FACSIMILE: 208 388-1300 WEBSITE: www.givenspursley.com Franklin G. Lee Direct Dial: (208) 388-1243 E -Mail: frankleeftivensourslev.com April 24, 2006 VIA Hand Delivery William Nary City Attorney's Office City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 0 Gary G. Allen Franklin G. Lee J. Will Varin Kristen A. Atwood David R. Lombardi Conley E. Ward Kelly T. Barbour John M. Marshall Robert B. White Christopher J. Beeson Kenneth R. McClure William C. Cole Kelly Greene McConnell Michael C. Creamer Cynthia A. Melillo Kenneth L. Pursley Thomas E. Dvorak Christopher H. Meyer RETIRED Roy Lewis Eiguren L. Edward Miller Jeffrey C. Faraday Patrick J. Miller Raymond D. Givens Martin C. Hendrickson Judson B. Montgomery RETIRED Steven J. Hippler Angela K. Nelson Debora K. Kristensen Deborah E. Nelson James A. McClure Anne C. Kunkel W. Hugh O'Riordan, U.M. RETIRED Jeremy G. Ladle Bradley V. Sneed H. Barton Thomas, LL.M. Matter: First Amendment to Development Agreement 985 East Freeway Drive, Meridian Our File: 7769-2 Dear Bill: APR 2 5 2005 City Of Meridian City Clerk Office I have enclosed a partially executed original of the First Amendment to Development Agreement for the "Cottonwood Lane" property. Please obtain the signatures of the Mayor and City Clerk and have the enclosed document recorded. Once the enclosed document has been recorded, please forward the recorded original or a conformed copy of the enclosed document to me to forward to the Owner/Developer. Please call me if you have any questic FGL/ehk Enclosure cc: Robin Boyd, Colson & Colson (via email) S:\CLIENTS\7769\2\Ltr to B Nary re Execution Originals.DOC • ADA COUNTY RECORDER J. DAVID NAIDO AMOUNT .00 BOISE IDAHO 06111106 01:62 PM RECORDED -REQUEST OF Recording Requested By and Meridian City 106073090 When Recorded Return to: City of Meridian do City Attorney's Office 33 E. Idaho Ave. Meridian, Idaho 83642 For Recording Purposes Do Not Write Above This Line FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. William E. Colson, The Hugh D. Colson Revocable Trust and Meridian Premier LLC, Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment") is made and entered into this dO*10' day of April, 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and WILLIAM E. COLSON, THE HUGH D. COLSON REVOCABLE TRUST, and MERIDIAN PREMIER LLC, an Oregon limited liability company, whose address is 2250 McGilchrist Street S.E., Salem, Oregon 97302, hereinafter called "OWNER/DEVELOPER". 1. RECITALS 1.1 WHEREAS, "OWNER/DEVELOPER" is the owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, "City" and "Owner/Developer's" predecessor -in - interest entered into a that certain development agreement restricting the use and development of the Property, dated April 26, 2005 and recorded in the real property records of Ada County on May 26, 2005 as Instrument No. 105067162 (the "Development Agreement"). 1.3 WHEREAS, the Development Agreement contains certain errors and provisions not contemplated in the entitlement approvals for the "Property." 1.4 WHEREAS, the parties desire to amend the Development Agreement to correct those errors and provisions, and update the "Owner/Developer's" address for notices. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT — COTTONWOOD LANE (AZ -04-029) PAGE 1 OF 1 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties amend the Development Agreement as follows: 1. Delete Section 4 in its entirety and replace with the following: "4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Unified Development Code codified at Meridian City Code Section 11-213-2 which are herein specified as follows: 4.1.1 The primary use on the Property zoned C -G shall be a hotel, motel or restaurant. 4.1.2 The primary uses on the portion of the Property zoned L -O shall be multifamily developments and/or office centers. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." 2. Delete Section 5 in its entirety and replace with the following: 645. DEVELOPMENT IN CONDITIONAL USE. If "Owner/Developer" desires to construct of any buildings or improvements on the "Property" that require a conditional use permit, "Owner/Developer" shall obtain a conditional use permit in accordance with the then applicable Zoning & Development Ordinance criteria prior to the commencement of construction of such buildings or improvements." 3. Delete Section 7 in its entirety and replace with the following: 667. COMPLIANCE PERIOD/CONSENT TO REZONE: The "Owner/Developer" shall comply with Section 6 entitled "Conditions Governing Development of Subject Property" upon the earlier of (i) the recordation of a final plat for the "Property" or the applicable portion thereof, except for conditions that are otherwise bonded for in accordance with City Code; or (iii) four (4) years of the date this Agreement is effective. If the "Owner/Developer" defaults on the preceding obligation, the "City" may, after notice and hearing procedures as outlined in I.C. § 67-6509 or its successor provision, rezone of any portion of the "Property" not in compliance to any zoning designation deemed appropriate at the time. In FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ -04-029) PAGE 2 OF 2 such event, "Owner/Developer" hereby consents to such rezone pursuant to Idaho Code § 67-6511A." 4. Delete Section 17 in its entirety and replace with the following: "17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer Meridian Premier LLC City of Meridian Attn: Bruce Thorn 33 E. Idaho Ave. 2250 McGilchrist Street S.E. Meridian, ID 83642 Salem, Oregon 97302 with copy to: with a copy to: City Clerk Franklin G. Lee City of Meridian Givens Pursley LLP 33 E. Idaho Ave. 601 W. Bannock Street Meridian, ID 83642 Boise, Idaho 83702 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section." 5. Development Agreement Remains in Force. Except as modified by this Amendment, all terms and conditions of the Development shall remain in full force and effect. All defined terms in the Development Agreement shall have the same meaning in this Amendment. [end of text; signature page to follow] FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ -04-029) PAGE 3 OF 3 • C� IN WITNESS WHEREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. William E. Colson THE HUGH D. COLSON REVOCABLE TRUST dated &-Amm 6e�✓ -3O ,jcj By: Its: TrAQt"-,, MERIDIAN PREMIER LLC, an Oregon limited liability company By: e'--- Bru'ce Thorn, Manager CITY OF MERIDIAN L: a1`LY,`'' de WEERD ATTEST: CITY CLERK BFS�daJp4 9i863S9it FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ -04-029) PAGE 4 OF 4 STATE OF ® 0 r' ) ) ss COUNTY OF Vh `j, or ) On this 2tZay of April, 2006, before me, a Notary Public in and for said Sate, personally appeared ' , ' 4 ; tx dm — ^ , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. (SEAL) OFFICIAL SEAL ROBIN R. BOYR NOTARY PUBLIC-0REGON COf�YASGION 6W 35822 age COARI�ISSIOIti L"tIaES JUkY 13, 2i116 STATE OF �n ) ) ss h COUNTY OF -M&4-(6 e) ) �0. I& evoi — Notary Public for Residing at: &IeAl -, } Commission expires: _ I On this ay of April, 2006, before me, a Notary Public in and for said Sate, personally appeared 0. Ln s 71-udkf- , known or identified to me to be the Trustee of THE HUGH D. COLSON REVOCABLE TRUST under trust agreement dated UCS 00, Jam, and acknowledged tome that by said Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same. (SEAL) OFFICIAL SEAL Nn7Fs Ps�BLIC-OREGON COM114ISSION N0.358227 COSIOi� ARES ,A l� Y 13 2t1"� Notary Public for s d1-1 Residing at: d0eeoy Ad)-) Commission expires: ► 3 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT — COTTONWOOD LANE (AZ -04-029) PAGE 5 OF 5 STATE OF ) ) ss COUNTY OF it i d n ) On this D-day of April, 2006, before me, a Notary Public in and for said Sate, personally appeared BRUCE THORN, known or identified to me to be the MANAGER of MERIDIAN PREMIER LLC, an Oregon limited liability company, and the person who executed the instrument and acknowledged to me that he executed the same on behalf of said limited liability company. (SEAL) OFFICIAL SEAL "5VNOIAR : PUBLIC -OREGON COPo MIS51GP4 NO. 358227 % " CCMNSSIOki 13FIAES JUR Y 13, 2rY6 STATE OF IDAHO ) ss County of Ada ) Notary Public for Residing at: Commission expires: 13 --w2, Mom On this a day of Affif, 2006, before me, a Notary Public, personally appeared TAMMY DE WEERD and WILI 1AM G. BERG, JR., known or identified to me to be the MAYOR and CITY CLERK, respectively, of the CITY OF MERIDIAN, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. Q � Notary Public for Idaho F Residing at: «, UX 1 ]17 ,•Pip Commission expires: Q-11-11 1-11 ?►�,•. LIC'. iQ FIRST AMENDMENT TO DEVELOPMENT AGREEMENT — COTTONWOOD LANE (AZ -04-029) PAGE 6 OF 6 Exhibit "A" Annexation Legal A parcel of land for annexation located in a portion of Lot 23, Block 1, of Amended Magic View Subdivision, as shown on the official plat recorded in Book 52 of plats at pages 4445 and 4446, Records of Ada County, Idaho, and a portion of the E 1/2 of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as Follows. Commencing at a brass cap monument marking the NE comer of the NE 1/4 of said Section 17, thence along the East line of said section 17, 800°46'02"E, a distance of 2,652.92 feet to a brass cap monument marking the SE corner on the NE 114 of said Section 17, thence leaving said East line, S69'3 1'29"W, a distance of 1,062.84 feet to a point on E. Freeway Drive being the POINT OF BEGINNING; Thence along the centerline of E. Freeway Drive, S530101111W, a distance of 112.17 feet to a point; Thence along an arc of a curve to the right, having a radius of 3671.69 feet, an arc length of 241.34 feet, a central angle of 3045'58", and a chord bearing of S53030'1 6"W a distance of 241.31 feet to a to a point; Thence leaving the centerline of E. Freeway Drive N34137'27"W, a distance of 30.00 feet to a to a 5/8 inch rebar marking the intersection of the North right-of-way line of E. Freeway Drive and the West line of said lot 23; Thence leaving said North right-of-way line and along the West line of said lot 23, NOV 50'40"W, a distance of 547.47 feet to a 1/2 inch rebar; Thence leaving said West line and along the South line of said lot 23, S89°40'22"W, a distance of 782.01 feet to a 5/8 inch rebar on the East right-of-way line of S. Wells Drive; Thence leaving said South line, S79159'03"W, a distance of 25.00 feet to a to a point on the centerline of S. Wells Drive; Thence along the centerline of S. Wells Drive, N10*00'57"W, a distance of 7.85 feet to a to a point; Thence along an arc of a curve to the right having a radius of 133.40 feet an are length of 61.57 feet, a central angle of 26°26'38" and a chord bearing of NO3° 12'22"E a distance of 61.02 feet to a point; Thence N16025'41 "E, a distance of 391.86 feet to a to a point; Thence leaving the centerline of S. Wells Drive, S73°34'19"E, a distance of 25.00 feet to a 1/2 inch rebar on the East right-of-way line of said S. Wells Drive, also being the NW corner of said lot 23; Thence leaving said East right-of-way line and along the Northerly line of said lot 23, S72°29'27"E, a distance of 702.83 feet to a 5/8 inch rebar marking the Northeasterly corner of said lot 23; Thence leaving said Northerly line and along the Easterly line of said lot 23, S27°38'31 "E, a distance of 625.95 feet to a 5/8 inch rebar on the North right-of-way line of said E. Freeway Drive; Thence leaving said North right-of-way line S36°49'49"E, a distance of 30.00 feet to the POINT OF BEGINNING. Said parcel contains 377,2$1 square feet or 8.66 acres, more or less and is subject to all existt,�•,� .•- �j• . . easements and rights -of -ways of record or implied. ► REW& APP OVA OCT 112004 5617 C� April 28, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Petra Contractor • VAC 06-005 May 2, 2006 ITEM NO. 5-C REQUEST Resolution '--Request for a Vacation of a public utilities, drainage, and irrigation easement between lots 4 and 5, block 2 for Gemtone Center Sub -- 1055 and 1097 North Rosario Street 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 Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAiAVARRO AMOUNT .00 BOISE IDAHO 05/11106 01:52 PM RECORDED -REQUESTDEPUTY Donnie Oberbill OF Meridian City 106073891 CITY OF MERIDIAN RESOLUTION NO. %j ` 51 F BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING PUBLIC UTILI'T'IES, DRAINAGE AND IRRIGATION EASEMENTS BETWEEN LOTS 4 AND 5, BLOCK 2 OF GEMTONE CENTER SUBDIVISION NO. 2, AS SHOWN IN BOOK 74 OF PLATS ON PAGE 7664, RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE NORTHEAST 1/40F SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 25, 2006, the City Council of the City of Meridian, held a hearing on the vacation of public utilities, drainage and irrigation easements between Lots 4 and 5, Block 2 of Gemtone Center Subdivision No. 2, as shown in Book 74 of plats on page 7664, Records of Ada. County, Idaho and lying in the Northeast 1/4 of Section 8, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the public utilities, drainage and irrigation easements between Lots 4 and 5, Block 2 of Gemtone Center No, 2, as shown in Book 74 of plats on page 7664, Records of Ada County, Idaho and lying in the Northeast'/4 of Section 8, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". VACATION OF PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS IN GEMTONE CENTER SUBDIVISION No. 2 Page I of 2 0 • Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of i72 41 , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of //h ��% , 2006. ,•``,�-q Yd de WEERD ATTEST: CITY CLERK STATE OF IDAHO,) 64tBPPPPEE/BDBb9lt®++� ) ss County of Ada ) On this d "' l day of 2006, before me, the undersigned, a Notary Public in and for said Stat6, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: d ax 1 1. IP MY COMMISSION EXPIRES: M -I_1 11 VACATION OF PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS IN GEMTONE CENTER SUBDIVISION No. 2 Page 2 of 2 ,WE E Project No.: 2983 Date: March 8, 2006 !I�_ 25 0.1 Bogus Basin Rd.. ®Boise,: Idaho 83702 - Fax (20sj 3135-0696 DESCRIPTION FOR EASEMENT VACATION OF LOTS 4 AND 5 OF GEMTONE CENTER NO.2 A parcel of land being astrip of ground .5.00 feet North and 5.00 feet South of the lot line common to Lots 4 & 5, Block 2 of Gemtone Center No. 2 as on file in Book 74 of Plats at Page 7664 in the Office of the Ada County.Recorder, Boise, Idaho, lying in the NE 1/4 of Section 8, T.3N., R.1 E., B.M:,City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at an iron pin marking the Northwest comer of Lot 4, Block 2 of said Gemtone Center No. 2; thence along the North boundary line of said Lot 4, South 89°35'15flEast 5.00 feet to the POINT OF BEGINNING: thence along a line that is parallel with and 5.00 feet East of the West boundary line. of tot 5 of Gemtone CenterNo. 2, North 00, 24'457 East 5.00 feet to a point, thence along a line that is parallel with and 5.00 North of the Wr6 boundary line of: said Lot 4, ;S0uth-89035'15' East 203.84.feet to a poinf marking a point on a curve that As' parallel to and 10.00 feet.West ofthe Easterly boundary line of said Lot 5; thence along said curve to the right having a radius of 75.00 feet, a central angle of 08°39'107, a length. of 11.33 feet and a long chord that bears South 27°29'31" East 11.32 feet to a point on said curve; thence along aline that is parallel with and 5,.00 feet South of the North boundary line of said Lot 4, North 8963515".West'2091.4 feet to a point; thencealong aline that is parallel with and'5:00 feet East of the West boundary line of said Lot 4, North 00°24'45" East 5:00 feet .to the POINT OF BEGINNING: EXHIBIT "A" EASEMENT VACATION FOR PETRAINCORPORATED LOTS 4 AND 5 OF GEATONE CENTER NO. 2 LY(NG IN THE NE 1/4 OF SECTION 8, T.3N.. R.E.. B.A., CITY OF PIAN. ADA COUNTY. IDAHO s' -PUBLIC urnNTEs, DRAINAGE AND 6 RRIGAT10N F.ASLOG14T TO REMAIN I w' PUDRA.AL AIS I 5' PUBLIC UTILITIES. IRRIGATION EASEMENT ' ORAMM AND TO REAAId IRRIGAT�N TO RFrMAIN 0y�c+�t p5 I 5 'II w' PUBLIC UTbJTNES, oRANAGE AM IRRRiJ1T10N EASEMENT 7 I I TO REMAN I N 00 °24'45• E 5.00' S. S 89 ° 35' 15 • E 5.00 L,,,� I S 8903545" E 203.84' _ — II - I 10' PUBLIC NITLITES. I DRANNA6E AND I IRRIGATION EASEMENT TO RE/AAIR • �A N 89 °35' 15• W 209.14' N 00*24'45" E 5.00' 5. 4 10' PUBLIC UmRlIES, DRAINAGE AND MWATION EASEAENT TO REMAIN t0' PUBLNC UrnIT�S, J3 ®/ BRAM�AGE AND TION EASEMENT I TO REMAIN III 0 30 60 t20 SCALE IN FEET I" = 60' EASEMENT SYASOLS: z April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. S -D REQUEST Task Order, Scope of Work and Budget for the Noah Black Cat Trunk and Lift Station Authorization for Additional Services No. 2 with JUB Engineers, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 2 Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 04/27/2006 Re: Proposed Agenda Item for May 2, 2006 City Council Meeting APR 2 7 2006 city of Meridian city Clerk Offir� The Public Works Department respectfully requests the following item be placed on the May 2 City Council agenda, under consent agenda, for Council's consideration: North Black Cat Trunk and Lift Station Authorization for Additional Services No. 2. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $23,719. This is an extension of the budget amendment that was approved by City Council February 1, 2005 for the North Black Cat Trunk and Lift Station Project. This project consists of the acquisition of a Conditional Use Permit from Ada County for the North Black Cat Lift Station site and the Five Mile Creek Right -of -Way adjustments for the Quenzer Parcel. Recommended Council Action: The Public Works Department recommends Authorization for Additional Services No. 1 with JUB Engineers, Inc. for $23,719 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 rj'U B� J -U -B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.2 CLIENT: CITY OF MERIDIAN PROJECT NAME: NORTH BLACK CAT PROJECT J -U -B Project Number: 10-05-026 The following additional items of work on the project referenced above have been or will be provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J -U -B's existing Agreement for Engineering Services for this project approved by City Council on May 17 2005 Additional Services: Provide engineering services as described in Attachment "A" J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J -U -B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Refer to Attachment "A". Dated this day of A2ril 2006. CITY OF MERIDIAN Print or Type Client Name 0 Client or Representative Signature Tammy de Weerd. Mavor Print or Type Name and Title Attest: William G. Berg, Jr., City Clerk J -U -R ENGINEERS, Inc. By:'�We�"Ar 4irZo5iect Representative ignaturee Phillio H. Krichbaum. P.E. — Project Manager Print or Type Name and Title North Black Cat Project - Authorization for Additional Services No. $. Page 1 J -U -B ENGINEERS, Inc. 0 Attachment W- 10-05-026 CITY OF MERIDIAN - NORTH BLACK CAT PROJECT AUTHORIZATION FOR ADDITIONAL SERVICES NO. 2 ATTACHMENT "A" J -U -B ENGINEERS, Inc., Project No. 10-05-026 SECTION 1 - PROJECT UNDERSTANDING This addendum provides for the following additional services as outlined herein. In general, the additional tasks include: ❑ Task 1 - Ada County Conditional Use Permit - Support Services: The target lift station site is located on lands not currently within Meridian City limits nor zoned for the City's intended use. A conditional use permit is, therefore, required through Ada County for construction and operation of the lift station until City annexation. ❑ Task 2 - Five Mile Creek Right -of -Way Adjustments for Quenzer Parcel: A portion of the target lift station site lies within right-of-way of Fivemile Creek benefiting the Nampa - Meridian Irrigation District (NMID). The right-of-way (ROW) does not substantially follow the physical location of the watercourse and, as such, the landowners, Eugene and Ardyce Quenzer, desire to have the NMID ROW transferred to the physical location of the drain across both the lift station site, and their parcel west of North Black Cat Road. This is a condition that the Quenzers have placed for their donation of the lift station site. ❑ Task 3 - This task provides a record of survey on the lift station site which is to be conveyed to the City from the Quenzers. SECTION 2 - CITY RESPONSIBILITIES ❑ Provide legal staff consultation and oversight on an as -needed basis throughout the project. ❑ Provide staff to attend neighborhood and public hearings as needed. ❑ Pay for all necessary permitting fees. SECTION 3 - SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED J -U -B shall furnish services specifically limited to the following at an assumed level of effort depicted on Attachment B and described herein. Fees shall be on a time and materials basis. Task 1 - Ada County Conditional Use Permit A. Agency Coordination: J -U -B will arrange for and attend pre -application meeting with Ada County Development Services staff to determine general permitting processes and items specific to the lift station. Additional agency contacts may include the Ada County Highway District, Meridian Fire District, and Nampa -Meridian Irrigation District. Subsequent meetings with agencies may be required throughout the project. B. Neighborhood Meeting: J -U -B will research available land records to identify landowners within the required contact radius and prepare mailing for the neighborhood meeting. J -U -B will arrange for a meeting location and conduct an open -house style meeting to gather public and neighborhood inputs. J -U -B will prepare a meeting agenda, handouts, North Black Cat Project - Authorization for Additional Services No. 2 Page 1 9 0 J -U -B ENGINEERS, Inc. Attachment `A' - 10-05-026 project informational exhibits, and photos from the Black Cat Lift Station Project to generally describe the project scope. A listing of attendees will be prepared in addition to a summary record of meeting discussions, issues, and concerns of the landowners. J -U -B will perform a follow-up contact with landowners who have expressed significant concerns with the project. C. Prepare CUP Application Package: 1) Prepare Ada County CUP Application. 2) Complete supporting narrative. 3) Complete site analysis. 4) Complete floodplain application and study as required by the office of the Ada County Engineer. This will supplement the base flood analysis already completed under Addendum No. 1. 5) Prepare site photos. 6) J -U -B will prepare a conceptual landscaping plan. The Land Group will be used to prepare a final landscaping and irrigation plans that will be used for lift station construction plans and provided under subsequent addendum. 7) Prepare a conceptual lighting plan'. 8) Prepare general master site plan showing ultimate footprint of facilities'. 9) Prepare a conceptual drainage and site grading plan'. 10) Prepare general elevations of building'. 11) Incorporate legal description'. 12) Submit to Development Services for processing. Footnotes: 1. These services are provided under the general contract. No fee adjustment is required. D. Arrange and post the site for public hearing. E. Planning and Zoning Public Hearing Hearing: 1) Review staff report and meeting with staff to discuss specific issues. 2) Public Hearing Preparation: Address specific conditions of approval and prepare visual aids and conceptual plans. 3) Attend Public Hearing: A planner and project engineer will attend the public hearing. Task 2 - Five Mile Creek ROW Adjustments for Quenzer Land Acquisition A. Five Mile Creek Survey: Additional topographic survey will be conducted on Five Mile Creek west of Black Cat Road to establish a prescriptive centerline of the existing channel alignment. The survey will locate edge of water, top of channel bank, visible structures, trees, and fences within 65' each side of the channel centerline. A search of visible land monumentation of records will be completed on adjoining properties to the corridor. B. Legal Descriptions: A prescriptive centerline will be established on the existing channel from the field located watercourse. ROW widths will be offset from the centerline as approved by the Nampa -Meridian Irrigation District. Legal descriptions will be prepared describing the new channel ROW across affected parcels. Each parcel will require a description of the existing and new established ROW. For the purpose of estimating fees, the six parcels are assumed to be affected. North Black Cat Project - Authorization for Additional Services No. 2 Page 2 • J -U -B ENGINEERS, Inc. Attachment `A' - 10-05-026 C. Agency and Landowner Meetings: J -U -B will attend meeting with the Quenzers and NMID to facilitate the land transfer between the two parties. Facilitation with other landowners will not be completed by J -U -B, but it will be carried by the Quenzers or their representative. Task 3 - Record of Survey (ROS) Lift Station Site A. A record of survey will be completed and filed with the office of the Ada County Recorder for the final lift station. SECTION 4 - FEE SCHEDULE Basis of Fee and Billine Schedule The CITY shall pay J -U -B for its services and reimbursable expenses as follows: Tasks 1 on a time and materials basis, with an estimated budget of ................................ $13,152 This will be added to billing Task 031 Agency Coordination and Permitting. Tasks 2 through 3 on a time and materials basis, with an estimated budget of ................... $10,568 This will be added to billing Task 041 Easements, The basis for calculation of fees is presented in Attachment "B". \\Boisefiles\Public\ProjectManagers\PHK\10-05-026-Meridian North Black Cat\Admin\Contracts and Billing\add#2\attach A to addendum 2.doc North Black Cat Project - Authorization for Additional Services No. 2 Page 3 a M N f M �V to a 0 N vs 6131�F �' OJ N� �EflM tgg1i' to U7 W � O 61).�� O O 0 N co 00 Cl) ) : isr I- 3 U iso t» 64 »° 0 o ' lwc 0 ton 0 U) 0 o O 0 0 C7 W = p O O O 0 O U32 N O 1q N LL7 N Lq O In O 1p N O p N p N ns o Lq Lq O Lq Lq ht' Ea o 0 0 0 m r' N N N r 0 0 NCR 0 N N N- N N n Lq N Lq n O 0 0 O N O O 0 0 0 a M m T 0 0 O 0 � m r 1c, m o 0 0 0 lal d a m co O O In N Lq N O p •; Q � a CD _ U W � LU $ _LU m U m , x O '011 O p p a = Ki W c N y in �O N n Lq N n �O = N O N Lq L N z� o=� 0 0 0 0 m 000 O F, W m F3 0 0 r o 0 0 om0 ❑ � a i° �0ri v m aIL �� y o� t- C3o O V J J u. a 0 a a a a z 0 CD a0 0 0 0 CD E" > N > rn Y N C m N to W m �- 2 ^ c 0 m W a = Wm z m y rn v z 02� ��; 3 mm�� °a Z go, N = cn m = N Z W W ;..�' N C _ t m c ca = O Cd 1 7 ®• m cn 0 a �o o N c a m 7 rU N ¢ Z o f c m o a m ��oo2 m c o c❑ me CL ts❑ rn Z�� �' w,0 c>_ �mx� 0Q o a —Q'io c❑E c comm cc W ® C!; a' o�t mU rn0m c•�5 c 15 m" cl c as aiv c0 m o 9� x vx m ❑� ❑ oc. c IL CD c = ❑ a +Q U 3s tmmm.c=¢mom=� L m m g U o . c- a Q m a. Z 0 W ® �> r 0 c mm ;- :- a c 0 (D c a 2, c c m CL m v _ �� 0 m a m U m y° M U c c 3 m ma m ❑i'� Y; m o�mm a�� m m .9 E! °CO CDi orn mm2 ID ❑ H a avJ a„ a Z❑¢`w¢� m a¢tii�tnC7 U av1 o a¢a¢ W April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. S -E REQUEST Award of Bid for Procurement of Biosolids Direct Dryer System to Andritz-Ruthner, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached rtr� Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 04/27/2006 Re: Proposed Agenda Item for May 2, 2006 City Council Meeting APR 2 7 2006 Y„ify of Meridian 2'ity Clerk Office The Public Works Department respectfully requests the following item be placed on the May 2 City Council agenda, under department reports, for Council's consideration: Procurement of Biosolids Direct Dryer System One bid was received for this project that was deemed non responsive by the Public Works Department because it had conditions attached to it. Andritz-Ruthner, Inc. $2,874,980 Since there were no responsive bids received for this project, the code allows the Public Works Department to enter into contract negotiations with a selected supplier. The Public Works Department requests to enter into contract negotiations with Andritz-Ruthner, Inc. Recommended Council Action: The Public Works Department recommends that City Council declares the bid for the Procurement of Biosolids Direct Dryer System with Andritz-Ruthner, Inc. for $2,874,980 non responsive and authorizes the Public Works Department to enter into contract negotiations with Andritz-Ruthner, Inc for a Biosolids Direct Dryer System. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. 5-F REQUEST Contract with Mike Rice Excavation for Construction of Parkway Subdivision Pressure Irrigation Interconnect AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the —q __ _ day of 1A y in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Mike Rice Excavation, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: All labor and materials required to construct the Parbw# Subdivision Pressure Irrigation Interconnect as detailed in the construction plans for this project dazed 2/17/06 and the addendum to the construction plans of 4/6/06. All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Detailed Descriudon of Work The work is described in detail in the Construction Plans Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed by June 16, 2006. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $15,460. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department- Payments. epartment Payments. The OWNER will make progress payments on account of the Contract price on the basis of CONTRACTOR's. Application for payment as recommended by the Public Works Department, on or about the 15s' day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 5/3/2006 Page 1 of 3 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized, itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any m the Work anner may affect cost, progress, Performance or &wishing of 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONIRACTop_ Article 8 CONTRACT DOCUMENTS. The, Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement, 8.2. Exhibit$ to this Agreement _ N/A. 8.3 Construction Plans of 2/17/06 and addendum letter of 4/6/06. 8.4 CONTRACTOR's bid. 8.5 -2005 Idaho Standards for public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.6 Revisions to the Standard Specifications and Special Provisions. 8.7 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.8 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.9 City of Meridian Standard Specifications ,& Drawings _ 2002 8.10 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 4/26/2006 Page 2 of 3 Article 9 MISCELLANEOUS. 0 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but vnthout limitation moneys that may become due and moneys that are due may not be assigned withoutsuch consent - (except to the extent that the effect of this restriction may be 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 dut3r. or responsibility under the Contract Documents, 9.2 OWNER 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 Contract Documents. .Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on - C7 AA-% 2006. OWNER Owner CITY OF MERIDIAN By: Name: Tammy de eerd_ Mayor Approved by City Council: 4— z5 -- [CORPORATE SEAL] Address for giving not&s y i CONTRACTOR Contractor C Ge, By: Name: c� l Attest Addresi for giving notices Public Works License No. lb " (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than president signing) 4/26/2006 Page 3 of 3 C1 City ®f Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer / � CC: File Date: April 27, 2006 Re: Proposed Agenda Item for May 2, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the May 2 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Mike Rice Excavation for Construction of Parkway Subdivision Pressure Irrigation Interconnect This project consists of constructing approximately 500 feet of irrigation pipe to connect Parkway Subdivision to Pressurized irrigation. The subdivision contractor's bond is providing funding for this project. Recommended Council Action: The Public Works Department recommends that City Council approve the contract with Mike Rice Excavation to construct the Parkway Pressure Irrigation Interconnect for a cost of $15,460 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. 0 Page 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Mike Rice Excavation, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 - WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: All labor and materials required to construct the Parkway Subdivision Pressure Irrigation Interconnect as detailed in the construction plans for this project dated 2/17/06 and the addendum to the construction plans of 4/6/06. All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Detailed Description of Work The work is described in detail in the Construction Plans Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed by June 16, 2006. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $15,460. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15' day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 4/27/2006 Page 1 of 3 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or famishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Construction Plans of 2/17/06 and addendum letter of 4/6/06. 8.4 CONTRACTOR's bid. 8.5 2005 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.6 Revisions to the Standard Specifications and Special Provisions. 8.7 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.8 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.9 City of Meridian Standard Specifications & Drawings — 2002 8.10 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 4/27/2006 Page 2 of 3 Article 9 AMCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another parry 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 may be 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 Contract Documents. 9.2 OWNER 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 Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on OWNER Owner CITY OF MERIDIAN 0 Name: Tammy deWeerd Mayor Approved by City Council: Attest [CORPORATE SEAL] William G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave Meridian, ID 83642 2006. CONTRACTOR Contractor e (0 C C CQ By: Name: 1e -( 'r K �f 4 rc C Attest Address for giving notices Public Works License No.f6 ©�� C * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) 4/27/2006 Page 3 of 3 April 28, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT City Council President - Shaun Wardle ITEM NO. 6-A-1 REQUEST Idaho Power Company Update by Layne Dodson 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: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. April 28, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office REQUEST Proclamation for Motorcycle Awareness Month May 2, 2006 Department Reports ITEM NO. 6-A-2 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. .1, CITY OF 6e r) IDAHO �I The Office of Me Mayor PROCLAMATION WHEREAS, the motorcycle is an energy-efficient vehicle which conserves fuel, reduces urban traffic and parking congestion, and treads lightly on the overworked road system; and WHEREAS, the motorcycle is an important and economical mode of transportation involving such activities as commuting, touring and recreation, and can be an aid to agriculture; and WHEREAS, the motorcycle promotes tourism and friendship by attracting riders from throughout the United States and many foreign countries through various clubs and organizations; and WHEREAS, motorcycles lack the protective armor of trucks and automobiles which increases the risk of serious accidental injury and death for motorcyclists, all motorists need to operate with caution near motorcycles; and WHEREAS, due to the increased number of motorcycles on the roads and highways of our state and throughout the nation and because motorcycle awareness and safety is a concern to all, it is appropriate to set aside a time to alert motorists to the number of motorcyclists on the roads and to help motorcyclists become aware of the ways they can promote safety; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of May, 2006 to be Motorcycle Awareness Month in the City of Meridian, and urge all our citizens to be aware of and support the various rallies and events for the safety and awareness of motorcycles in our community. Dated this 2nd day of May, 20AA Tammy eerd, Mayor Shaun Wardle, City Council Joe Borton, City Councils Keith Bird, City Council Charlie Rountree, City Council a • • IDAHO COALITION FOR MOTORCYCLE SAFETY, INC. Post Office Box 2732 • Boise, Idaho 83701 02005 ICMS. All Rights Reserved. April 15, 2006 Dear Honorable Mayor. For the past 20 years, Idaho Coalition for Motorcycle Safety has sponsored a Motorcycle Awareness Rally the first Saturday of May to draw the attention of the motoring public to the presence of motorcycles on this State's streets and highways. Each year the Governor has joined in this effort and proclaimed the month of May as Motorcycle Awareness Month. May is also National Motorcycle Awareness Month. The 2006 Motorcycle Awareness Rally is scheduled for May 6th. In the past, Idaho Mayors have joined in this safety and awareness effort and have issued their own individualized proclamations. I.C.M.S. is again asking the Mayors of Idaho to join in the efforts to promote the awareness of the motoring public to the presence of motorcycles on the streets and highways, no matter what shape, size or form they may come in. This year is again a statewide event with simultaneous Rallies in Boise, Coeur d'Alene, and Idaho Falls. The proclamations will be recognized to the participants at the end of each escorted parade. The ride will be made by motorcyclists from all reaches of our great State, as well as riders from surrounding States. I.C.M.S. would invite you to join in this very exciting event and would appreciate a proclamation from your fair city as a part of this safety and awareness effort. For your convenience, a copy of Governor Kempthorne's 2006 Proclamation is enclosed. May we count on your support this year for safer motorcycling now and in the future? Sincerely, 4 - MB RLY K. UNG Secretary to the Board of Directors �e krxF CITY OF OI O'er►. / 1! IDAHO ' since ,1903 'Phe Office of the JWayor PROCLAMATION WHEREAS, the motorcycle is an energy-efficient vehicle which conserves fuel, reduces urban traffic and parking congestion, and treads lightly on the overworked road system; and WHEREAS, the motorcycle is an important and economical mode of transportation involving such activities as commuting, touring and recreation, and can be an aid to agriculture; and WHEREAS, the motorcycle promotes tourism and friendship by attracting riders from throughout the United States and many foreign countries through various clubs and organizations; and WHEREAS, motorcycles lack the protective armor of trucks and automobiles which increases the risk of serious accidental injury and death for motorcyclists, all motorists need to operate with caution near motorcycles; and WHEREAS, due to the increased number of motorcycles on the roads and highways of our state and throughout the nation and because motorcycle awareness and safety is a concern to all, it is appropriate to set aside a time to alert motorists to the number of motorcyclists on the roads and to help motorcyclists become aware of the ways they can promote safety; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of May, 2006 to be Motorcycle Awareness Month in the City of Meridian, and urge all our citizens to be aware of and support the various rallies and events for the safety and awareness of motorcycles in our community. Dated this 2nd day of May, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council 0 April 28, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Planning Department — Anna Canning ITEM NO. 6-C-1 REQUEST Timing Issues Related to Code Enforcement 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: , (s 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: Phone: _ Staff Initials: Materials presehled at public meetings shall become property of the City of Meridian. April 28, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Public Works Department ITEM NO. 6-D-1 REQUEST Award of Bid for Procurement of Blosolids Direct Dryer System to Andritz Ruthner, Inc 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: Matertais presertted at pubNc meetings shall become properly of the City of Meridian. April 28, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Public Works Department ITEM NO. 6-D-2 REQUEST Water Sewer Rate Increase Discussion AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE. COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. RECEIVED • - MAY o 2 2006 • Dept. of mai" Citi► 8GsO Memo To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 4/27/2006 Re: Proposed Agenda Items for May 2, 2006 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the May 2 City Council Department Reports: Water and Sewer Rate Increase: Attached is a memo showing the justification for a 4% rate increase in water and sewer rates. Publics Works is coordinating with the Finance Department to finalize the effective date of the proposed increase. Recommended Council Action: The Public Works Department recommends that City Council direct staff to draft a resolution approving a 4% water and 40/6 sewer rate increase. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Lenard Grady City Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax (208)898-9551 gradyl@meridiancityorg 0 Page 1 Memo To: Brad Watson From: Lenard Grady CC: Charles Rountree Date: 4/27/2006 Re: Proposed 2006 Water and Sewer Rate Increase Every year Public Works assess the need for a water and sewer rate increase. This year, a 4% rate increase is recommended for both. This will results in a projected fund balance of approximately $500,000 at the end of FY2006. Attached is a summary spreadsheet highlighting the result of the proposed increase. FY2002 to FY2005 Actual Costs and Revenues Over the last few years, the water and sewer rates have matched the water and sewer costs within a few percent. However, FY2005 year-end audit results show water and sewer rates were 3.5% in the red resulting in a ($334,908) deficit. Prior years (FY2002 to FY2004) resulted in a cumulative positive balance of $768,464. The cumulative net for FY200 to FY2005 is a positive $433,557. FY2006 Budget FY2006 is currently budgeted to be 1.2% in the red ($153,402). An increase in water and sewer rates of 4% over 5 months remaining in FY2006 results in a projected $59,710 in the black. The cumulative net from FY2002 to FY2006 would be $493,266 including a 4% rate increase. Recommendations A 4% increase in the water a sewer rates to become effective on recommended. Although the water fund balance is projected to be $400,000 at the end of FY2006, recent trends indicate that the 2007 increase for water may have to be above 5% and require a public hearing. will assess this in early 2007. 0 Page 1 or near May 1 is over rate From the desk of... We Lenard Grady City Engineer Meridian Public Works Departnmt 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax: (208) 898-9551 gradyl@naeridiancity.org O N b* o N O C1 W W N J yW� w O O O O t00 J 00 �O A J W J N �9 N OP0 A 000 W OU O 00 O J W V O 00 J O J H9 v A a\ U O�0 V U N �_ O �O J tV W WL W COD V. 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O N N U JJ W 0 0 000 000 J O0` N e � b9 b9 (A /7 y?i O� U N W A A J J yj N N b9 A m A CCO o N �O t/Ai U W .U+ b9 00 J T O 00 A OH w O J J t0 A J A 00 Ow0 O th U p N U O V0i J Oo Do W tQo� \O W O W O p 0 W 0 ON O N A V JN A V N tU0 A 0 CDcs April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2,2W6 APPLICANT ITEM NO. S REQUEST Appeal Hearing for Order to Remove Junk Vehicle by Steven Cady with Meridian Cherry Lane Mobile Home Park AGENCY COMMENTS CITY CLERK: See affaahed 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 properly of the City of Meridian. Page 1 of 2 Tara Green From: Will Berg Sent: Tuesday, May 02, 2006 8:16 AM To: Tara Green Subject: FW: Trailer park on Cherry From: Joe Venneman Sent: Monday, May 01, 2006 4:51 PM To: WHI Berg Subject: FW: Trailer park on Cherry WIN, Hero are some adds Tonal picture of the vehicles stili POMBIning at 314 W, Cherry Ln, III see you tw nrurow MGM et the hearing. I From: Abram Antonucci .�. Sent: Monday, May 01, 2006 4:47 PM To: Joe Venneman Subject: Trailer park on Cherry 5/2/2046 El J 5/212006 • Page 2 of 2 • • Page 1 of 1 Will Berg From: Joe Venneman ���tt Sent: Friday, May 12, 2006 4:17 PM 1 To: Bill Nary; Anna Canning; Greg Kortan; Will Berg 14AY 12, 1006 Subject: Update - Cady Property Importance: High City of Mexldian City Clerk O#Pije- To all, I confirmed today that the one unlicensed pick-up truck remaining on the property from earlier this week has been removed, and the U -Haul truck has now been properly licensed. This brings the property into compliance. Please advise ff my attendance at next Tuesday's City Council hearing is still required. Joe 5/12/2006 11, milowim 0 i � Ali cat 11 0 • 0 AWE Sp Fly Ny � / £ SIMSi e �a 1 z� as Y 68vz Wa 3 5 S 3 l i+ 11 umn trip oil K 5 3 a�6 of aA EATI. ' i z�W„ r & �3 S 0 0 0 • I im ,, , � �.�-. � a� , , __ .,�, a �— p� E }� x F � Ds f S � � 2F 8' 9 k ao yy„ f� l f�� • t v 0 0 0 • . , .1 CITY OF MERIDIAN 1 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER - - In the Matter of. an Appeal by Steven P. Cady, representing as the owner of Cherry Lane Mobile Home Park For the City Council Hearing Date of: May 2, 2006 and May 9, 2006 A. Findings of Fact 1. That pursuant to Meridian City Code Title 4, Chapter 4, Section 4: It shall be unlawful for any person to maintain, store, park or keep a junk vehicle, vehicles or parts thereof or junk personal property on real property, public or private, in the City, except as authorized in this Chapter. 2. That pursuant to Meridian City Code Title 4, Chapter 4, Section 6: Abandoned vehicles, stolen vehicles, junk vehicles, and junk personal property are hereby declared to be a public nuisance 3. That the City of Meridian Police Department Code Enforcement Division sent notice to the titled owner Agnes Hoff on April 6, 2006 to remove junk vehicles and junk property from the location of the Cherry Lane Mobile Home Park located at 424 W. Cherry Lane. 4. That Steven P. Cady appeared as the owner of said Cherry Lane Mobile Home Park and provided the City with a Purchase and Sale Agreement that indicated his ownership interest. 5. That Steven P. Cady filed a Notice of Appeal as required by Meridian City Code within the required time period, 6. That the Meridian City Council held a hearing on May 2, 2006 and took evidence and testimony from Joe Venneman, Meridian City Code Enforcement officer, Steven P. Cady, appellant, and also received photographic evidence of the site and the accumulated property. 7. After said the hearing the Meridian City Council did move to continue the matter for one week to May 9, 2006 to allow the appellant to complete the removal of junk property and to allow for the removal or registration of working vehicles. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER STEVE CADY J MERIDIAN CHERRY LANE MOBILE HOME PARK -PAGE 1 of 3 0 8. That on May 9, 2006 the appellant returned and indicated that only two remaining items needed to be removed for the property to be in compliance with the Meridian City Code. B. Conclusions of Law 1. The City of Meridian has authority from Idaho Code § 50-302 to create laws and ordinances to maintain peace and promote the general welfare of the City with corresponding authority to enforce said laws and ordinances. 2. The Meridian City Council takes judicial notice of its own ordinances, specifically Title 4, Chapter of the Meridian City Code as related to ABANDONED OR INOPERABLE VEHICLES OR PERSONAL PROPERTY. 3. That City of Meridian Code Enforcement Division is an authorized enforcement entity of the City for the enforcement of this ordinance. 4. That reasonable grounds did exist to take enforcement action in regards to the accumulation of junk vehicles and junk personal property as defined by Meridian City Code. 5. That proper notice was sent to the property owner as required by Ordinance. 6. That the property did timely request an appeal hearing as allowed by the ordinance. 7. That a hearing was held with adequate notice and for opportunity for the City and the appellant to be heard. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 4-4-9 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The appellant property owner, Steven Cady, is ordered to remove all junk vehicles and junk property as defined by the Meridian City Code from the property of the Cherry Lane Mobile Home Park located at 424 W. Cherry Lane in the City of Meridian, Idaho. 2. That the owner of Cherry Lane Mobile Home Park is on notice that the order of the City Council is on-going and the property must remain free and clear from the accumulation of junk vehicles and junk personal property as defined by the Meridian City Ordinance. 3. That pursuant to Meridian City Code § 4-4-9 this Order of the City Council is final and conclusive. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER STEVE CADY / MERIDIAN CHERRY LANE MOBILE HOME PARK - PAGE 2 of 3 • 0 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 COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Appellant, Code Enforcement, and City Attorney M. City Clerk Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER STEVE CADY / MERIDIAN CHERRY LANE MOBILE HOME PARK - PAGE 3 of 3 0 • April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT White -Leasure Development Company ITEM NO. 9 REQUEST Request for Reconsideration of Approval of a Variance to allow Right In Right Out Access on South Meridian Road for Meridian Gateway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: See attached letter from White -Leasure Development Co. Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shah become property of the City of Meddlan. 0 April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 • APPLICANT Red Cliff Development, LLC ITEM NO. _ REQUEST Request for Reconsideration of Denial of a Variance to the City Code to allow access onto Eagle Road for Blenville Square 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: COMMENTS MERIDIAN POST OFFICE: OTHER: See attached Letter rom Robert Haoaeft Contacted: Date: Phone: Emailed: Staff Initials: Materlafs presented at public meetings shag become properly of the city of Meridian. April 28, 2006 AZ 05-057 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 11 REQUEST Findngs for Approval — Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision — 2935 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: Date: COMMENTS See attached Findings Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Mx! APR 2 8 2006 Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP -05-052 - Conditional Use Permit for mixed use development within 300 -feet of a residence AND PS -06-002 for a Private Street to provide frontage to Multi -Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No(s). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052 For the City Council Hearing Date of: May 2, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) B. Conclusions of Law 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 1 of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 May 2, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REVISED February 13, 2006 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 May 2, 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 (1 S) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 2 of 4 • 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 may be 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 may be 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 May 2, 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 COUNCIL MEMBER KEITH BIRD VOTED6� TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 3 of 4 0 \\,�ye111110glgddgA® °ecr ATTEST: r� 7� J 1 _ s _ _ e � e WILLIAM G. BERG, JR., ClW CLERK�� Copy served upon: Applicant Planning Department Public Works Department City Attorney By: -Dated: 5-2 -O CO 41C41errk's Qffic=�i Clerk's CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 4 of 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 STAFF REPORT Hearing Date: May 2, 2006 e.,,.. nF,ila_ City Council Hearing Dates: April 18, 2006 ili1 .rim Continued from: March 14, 2006 Planning & Zoning Commission Hearing Dates: February 167 2006 Continued from: February 2, 2006 Continued from: January 5, 2006 TO: Meridian City Council FROM: Planning Commission Staff. Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Bienville Square Subdivision. All applications are for Bienville Square Subdivision by Red Cliff Development, Inc. AZ -05-057 — Annexation and Zoning of 18.43 acres from RUT and Rl to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ-05-019 — Rezone of 10.05 acres of C -G (General Commercial) to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP -05-059 — Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP -05-052 - Conditional Use Permit for mixed use development within 300 - feet of a residence. PS -05-002 — Private Street for providing frontage to multi -family site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct retail/restaurant/and office uses as well as a mixture of attached, detached and alley -accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately % mile south of the southwest corner of Ustick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ -03-018 and a corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade Subdivision project immediately north of this site was also in that annexation application.) 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 overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2. SUMMARY RECOMMENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade property at one time. The original intent was to have a full hearing of both projects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2, 2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2, 2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2, 2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. Idaho Transportation Department (ITD) has not approved any approach permits on this site. The Variance application pertains only to the right-inhight-out access lying approximately 1,300 feet south of Ustick Road. Staff is recommending approval with conditions of the subject applications (AZ -05-057, PP -05-059, RZ- 05-019, PS -05-002 and CUP -05-052). Staff is recommending denial of the variance application (VAR - 05 -023) The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy Knorpp, 2972 Leslie Drive — Opposed to increased traffic Steve Grant 1534 Leslie — wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi -family to office. Linda Morris. 1374 Leslie Way— Fencing and pathway issues Betty Rosso 2832 Leslie Drive — Canal tiling, multifamily, traffic David Thurston. 1470 Leslie Way — Canal and irrigation iii. Staff presenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. —Eagle Road Access; ii. —Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. —Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. —Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the '/a mile is preferred. ii. —Revise Condition 1. 1.4 to read that no changes to the landscaping along Eagle Road are required. d. Outstanding Issue(s) for City Council: Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. ii. The Planning Commission made a recommendation based on the site design dated February 13, 2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staff recommended approval of the subject applications(AZ-05-057/PP-05-059/RZ-05-019/PS-05-002 and CUP -05-052) with the conditions noted in this report and denial of the access variance VAR -05-023 to the Planning Commission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve -Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 as presented in Staff Report for the hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.) Deny -Variance After considering all staff, applicant and public testimony, I move to deny File Numbers VAR - 05 -023 as presented in the Staff Report for the hearing date of May 2, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and VAR -05-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range IE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: Ashley Ford, WRG Design, INC Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 3 0 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 e. Present Zoning: General Retail and Commercial (C -G), Meridian, RUT -RI -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 Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. 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 through and other Commercial uses oriented around automobile traffic, the rear portions of the site are designed around transitional uses of a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential 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 (including rezones) 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. d. Newspaper notifications published on: Council - December 19 and January 2, 2005 e. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 f. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. 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 Sadie Creek Promenade proposal zoned C -G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County RI 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County RI 4. East: Future pad sites within the Kissler Annexation project zoned C -G, Eagle Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Road. d. History of Previous Actions: In April 2004, 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 18.43 acre out parcel immediately south of the C -G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 20-40) which are in the 6,000 to 8,000 square foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimum standards of the R-8 district. The submitted plat also includes 22 lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional parking contained in common lots. The submitted plat also contains seven lots in a C -G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square -foot buildings and five approximate 6,000 square -foot buildings. 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 11-213-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 5 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 RI (Ada County), and are currently residential. Lots adjacent to the site on the west and south 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. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics — N/A i. Conditional Use Information: Non-residential square footage: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 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 providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off -Street Parking (residential uses) — provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 1. Proposed and Required Residential Standards — R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 4 4 Rear 12 12 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 6 a • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Frontage -alley loaded 45 40 Frontage -garage fronted 60 50 Lot Size -alley loaded 4,630 4,000 Lot Size -garage fronted 6,023 5,000 Lot Size- Corner 5,188 5,000 R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 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 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This may be 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 Bienville Square project at approximately 1,000 feet south of the Ustick/Eagle Intersection. As noted previously, ITD must issue a right-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 PTD at a point to be determined by ACRD. This project will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 5 lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50 -foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. 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 this site. 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 materials. 6. AGENCY COMMENTS MEETING On October 28th 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. 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 of non-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 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 (A CBD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 Sadie Creek Promenade 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 areas in the vicinity. • 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 ACHD 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 ACRD's standards. Please see the ACBD staff report and Exhibit B for the conditions from ACM. This site does not front on an AChD controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 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. HD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project if the Meridian City Council does not grant a variance and/or ifITD does not approve an approach for this site. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities from the C -G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. • 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 finds 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 ACHD 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 ACHD 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. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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) space for every five hundred (500) square feet of gross floor area. 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. f. 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." g. UDC 11 -3H -4.B, Standards: Access to State Highway 55- "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)." h. 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. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads." i. 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/RZ/CUP/PS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 11 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 -05-057) Rezone (RZ-05-019): 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 10/24/2005 by Michael Marks, 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 -5B -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 Droximity of existing and future residential uses 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 negativelypact nearby properties Staff believes that the Development Agreement should include the following provisions: Prior Development Agreement: The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. 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, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Fencing/pathw a: The applicant has committed a plan to provide a pathway with Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 12 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on April 4, 2006. Non -Residential Buildings: The applicant has requested a maximum of 54,000 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more marketable conditions. The maximum square footage of one single building shall not exceed %2 of the maximum request. Residential Buildings_ The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. StiffuYY the efts o elevations but would ..1. sWeft bet4eF _i__ir_ atien of the height, Poes of and leeadefis proposed for- eaek Poe to f , .,.l.lFoss the a of adjei., iV propertyowners and to m d - The elevations shall be in substantial conformance to the elevations presented at the April 18, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 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 (PP -05-059): 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. 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 H trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 13 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-313-9, 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 detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30 -foot wide landscape buffer lot along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC I1-313-9 and not include impervious surfaces such as parking areas or driveways. The pathway proposed shall be landscaped in accordance with UDC 11- 313-12. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-213 requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along 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 11-313. See Exhibit B below. Commercial Streets: UDC 11-213 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 W. Bourbon Street and Cajon Court. 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 local roads 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 tile all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: 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, a single -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 showing a six foot cedar and block fence along the perimeter of the property which would meet the standards of the UDC. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 14 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. The applicant has submitted a revised fencing request as directed by the Planning Commission on 2/2/06. The request is for a six foot open vision fence along the Finch Lateral and a composite fence along the southern boundary. The Planning Commission approved the redesigned fencing plan along the finch lateral and a consistent block fence along the western property boundary with a consistent fence approved in the Sadie Creek Subdivision project. See Exhibit B below. 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/or ITD. The Commission has conditioned the Sadie Creek Project to provide at least one of the non -signalized access points to Ustick Road to be designed to serve as a commercial collector for interconnectivity to the north and 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 North: The applicant shall be required to provide cross access to the parcels north 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 (TTD) 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 1,000 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. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with ITD for the access to Eagle Road. 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 15 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fagade, 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 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. 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the west 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. 3. Cross Access: The property to the north will be providing 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. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACHD and the UDC. 5. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi -Use Pathwav: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic arealbasketball court in Lot 10 Block 2 11 -3G -3C-2 — Recreation amenities — Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Square (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (VAR -05-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for VAR -05-023 for further analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in the staff report for VAR -05-023 for the hearing date of March 14, 2006. ■ Eagle Road Arterial Study — Final Report (April 2004) 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 2005 letter to Eric Shannon, TTD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: " I TD and ACHD 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..." AChD 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 17 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. - 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). Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 18 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND q4 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//RZ/PP/CUP/PS 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/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. EIMITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date — Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9, 2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 19 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 6. Sanitary Services 7. ACRD D. Required Findings from UDC — 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 20 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) .5 Bienville Square Subdivision Exhibit A Page 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 A2 Preliminary Plat 1(Stanley Consultants) No date Bienville Square Subdivision Exhibit A Page 2 'O • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 �, a �.-ill•�IIIIi,00O� i6il. ! °i age �AAp � r Bienville Square Subdivision Exhibit A Page 3 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 1:91a BIENVILLE SQUARE MERIDIAN. IDAHO Bienville Square Subdivision Exhibit A Page 4 I; ,I r I I 1 I 4 I I 1 � I 1 1 1 1 1 ( ! r 1 I A I I I 1 1 1 1 1 1 i i I I I I I I 1 I I 1 1®61'i 1 A I ji I I .III I I t I 1 1 I I I I I I I I i I I 1 I 1 I I I I 1 I I I ISI I 6 it I I III I I 1 I I I I i I I I I I I I I I 1 I III I I I 1 � o I I I I 1 . I I 1 1 1 I I I 1 I i I I I;I j + I i �I t I'I I 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan Ll.l(The Land Group) Dated October 13, 2005 7g��i fdYo+� ,�Q BIENVILLE SQUARE MERIDIAN, IDAHO Bienville Square Subdivision Exhibit A Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 EzhibitM: Site Plan Bienville Square Subdivision Exhibit A Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Subdivision DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D° OF RECORD OF SURVEY NO. 6418 AND OF THE NE V, OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'000 E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 014'39"W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44005'18° W 227.63 FEET TO A POINT; THENCE N 72°24'04' W 221.28 FEET TO A POINT; THENCE S 7726'30"W 667.38 FEET TO A POINT; THENCE N 72°35'42° W 233.35 FEET TO A POINT; THENCE N 00°15'11° W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 *28'10"E 803.90 FEET TO A POINT; THENCE S 83°54'00° E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS. SADIE-PARCEL A Bienville Square Subdivision Exhibit B Page I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 ------USTICK ROAD 01 IV3�5-- 35-4�,' w 3233 -------- -- - - - is 5 14 UNPLATTED 221 28' CAROL'S SUBDIVISION i0/31/®S ANNEXATION EXHIBIT FOR BIE VILLE SQUARE SUBDIVISION LOCA TEDIN THE NE 1/4 OF SECTION 5, TOWMSHIP 3 NORTH, RANGE 1 EAST, 6 M ADA COUNTY, IDAHO m Bienville Square Subdivision Exhibit B Page 3 10/20/0b I SCU.: 4 782 N 90,00 00" 1 .1mullay %NALWAw"a OK 1940 S SOWO WAY SVITE 140 MERIDWI, IDAJ-10 63642 208-288-0573 1-J0,3 ' —0['4VfiLLc • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Annexation DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE'/, OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00`00'00" E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 691.06 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 7726'30'W 667.38 FEET TO A POINT; THENCE N 72°35'42" W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87°06'00" E 335.19 FEET TO A POINT; THENCE N 77°06'00" E 267.75 FEET TO A POINT, THENCE S 79°07'00" E 319.00 FEET TO A POINT; THENCE N 89°54'00" E 200.00 FEET TO A POINT; THENCE S 64°11'00" E 79.87 FEET TO A POINT, THENCE S 83°54'00" E 144.00 FEET TO THE REAL POINT OF OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE 13MNVILLE-ANNEX 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — C -G (General Commercial) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C -G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 786.75 FEET; THENCE S 83°54'00" E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIENVILLE-COMMERCIAL • ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R15 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83'54'00" W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°37'20" W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72°24'04" W 7.77 FEET TO A POINT; THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99049'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 4004243'E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023', A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 *02'08"E 204.31 FEET TO A POINT OF TANGENCY: THENCE N 11°16'08" E 53.21 FEET TO A POINT OF CURVATURE; BMNVILLE-R-15 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21'17'37, A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00037'20"E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28-W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49042'04"W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38°, A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°2742", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49° W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08, A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08049'36"E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71 *28'10'E 609.64 FEET TO A POINT; THENCE S 83°54'00° E 133.56 FEET TO THE REAL. POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIENVILLE-R-15 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-8 (Medium Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY N0.6418 AND OF THE NE Y OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83054'00"W 567.57 FEET TO A POINT; THENCE N 710281 01W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71 *28'10"W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.35 FEET TO A POINT; THENCE S 72"3542" E 233.35 FEET TO A POINT; THENCE N 77026'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00037'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40"42'43"E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A BIENVILLE-R-8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 °02'08° E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11 °16'08" E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21°17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00`37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10001'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123°, A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04° W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82033'21"W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°2742°, A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49° E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08°, A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36° E 92.84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BIENVILLE-R-S • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS— (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-057) and Conditional Use Permit (CUP -05-052) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 Create an open space lot for the proposed 30 -foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-313 and not include impervious surfaces such as parking areas or driveways. A multi -use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated February 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10 -foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 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 11-313 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. laskiding W4 net hm4ed to fi�4 jaa&eapiag aleng E Read whish aufFe tly is 1 a as a figm iwfigm 1.1.5 A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi -use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. 1.1.7 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.8 Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). 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 east 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 Bienville Square 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, City of Meridian, and ITD, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Road as shown on the site plan stamped February 13, 2006 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 may be 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 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 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. 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. 1.1.23 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. 1.1.24 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 1.1.25 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, 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. 1.1.26 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. 1.1.27 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 extension of mains planned in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines 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 Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10 -inch main. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (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. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -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. 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 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 The applicant has not indicated how the storm drainage from the proposed private streets 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 and private roads. 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. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.21 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. 2.22 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 11 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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 comers 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. 3.3 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 a fire -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. • a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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). 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. • s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. ACRD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a 40 -foot commercial street section to a 36 -foot wide street within 50 -feet of right-of-way, with curb, gutter and 5 -foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36 -foot street sections within 50 -feet of right-of-way with curb, gutter and 5 -foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16 -feet wide within 20 -feet of right-of-way. OR The proposed alley may be constructed as a private drive/street, if it is signed accordingly. 7.5 Bourbon Street shall terminate in.a culdesac and shall not extend to SH -55. 7.6 Public road access to SH -55 is prohibited. 7.7 Provide a letter from ITD stating required improvements and access decisions. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 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. 7.14 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. 7.15 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. 7.16 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. 7.17 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. 7.18 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. 7.19 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. 7.20 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11-513-3E. Annexation/Rezone 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. 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. The Council 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -05-059/ CUP -05- 052). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff 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 submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff 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 as government offices. The Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses from the low density residential uses west of the site. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. The Council does not fmd that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council 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. The 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, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. 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 and extended south through Sadie Creek Avenue to be looped with extensions in Eagle 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. Staff 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 had not submitted a staff report with site specific and standard conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 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, the Council 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 zoningoproperty to C -G, R-15 and R-8 would be in • & CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the best interest of the City. 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: 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 considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 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 Finch Lateral as well as providing an additional use buffer. 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. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the site is 27.3 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. The Council finds that the proposed residential/retail/restaurant/office 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, or an access variance is granted, this finding 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 finds 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 where commercial lots abut. The multifamily proposal is an appropriate transition from the Commercial uses to the lower density residential uses which surround the site. 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 finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ /RZ 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 public-private partnership to improve Ustick Road to five lanes and ACHD includes 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 finds the future buffer between land uses along the property boundary and the use and Eagle Road 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. 4. Private Street — UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis. E 0 April 28, 2006 RZ 05-019 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 12 REQUEST Findngs for Approval — Request for a Rezone of 10.05 acres from C -G to R-8. R-15 and C -G zones for Bienville Square Subdivision — 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings 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: Phone: _ Staff Initials: Materials presented at public meefings shall become property of the Clay of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 011 APR 2 8 2000 City of vidian. Ci' office eddiarn' 1n In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP -05-052 - Conditional Use Permit for mixed use development within 300 -feet of a residence AND PS -06-002 for a Private Street to provide frontage to Multi -Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No(s). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052 For the City Council Hearing Date of. May 2, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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 -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 1 of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 May 2, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REVISED February 13, 2006 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 May 2, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, 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 may be 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 may be 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 May 2, 2006 By action of the City Council at its regular meeting held on the Y da of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED l� COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ COUNCIL MEMBER KEITH BIRD VOTED_ TIE BREAKER MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 3 of 4 \,,``\`11111lIf//BJH ATTEST: 77 WILLIAM G. BERG, JR., C ERK Copy served upon: -//' A licant *141rnr s�m�'"``��`,`�6`� pp rar aaaa M,Panning Department —ublic Works Department ✓ City Attorney By: Dated: �rj -7. Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 4 of 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 p r !Y�1v STAFF REPORT Hearing Date: May 2, 2006 City Council Hearing Dates: April 18, 2006 �"►! z . h� �a Continued from: March 14, 2006 IDAHO W .scR Planning & Zoning Commission Hearing Dates: February 16, 2006 a Continued from: February 2, 2006 Continued from: January 5, 2006 TO: Meridian City Council FROM: Planning Commission Staff. Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Bienville Square Subdivision. All applications are for Bienville Square Subdivision by Red Cliff Development, Inc. AZ -05-057 — Annexation and Zoning of 18.43 acres from RUT and RI to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ-05-019 — Rezone of 10.05 acres of C -G (General Commercial) to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP -05-059 — Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP -05-052 - Conditional Use Permit for mixed use development within 300 - feet of a residence. PS -05-002 — Private Street for providing frontage to multi -family site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct retail/restaurant/and office uses as well as a mixture of attached, detached and alley -accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately % mile south of the southwest corner of Ustick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ -03-018 and a corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade Subdivision project immediately north of this site was also in that annexation application.) 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 overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2. SUMMARY RECOMMENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade property at one time. The original intent was to have a full hearing of both projects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2, 2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2, 2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2, 2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-inhight-out access driveway. Idaho Transportation Department (IT`D) has not approved any approach permits on this site. The Variance application pertains only to the right-inhight-out access lying approximately 1,300 feet south of Ustick Road. Staff is recommending approval with conditions of the subject applications (AZ -05-057, PP -05-059, RZ- 05-019, PS -05-002 and CUP -05-052). Staff is recommending denial of the variance application (VAR - 05 -023) The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy Knorpp, 2972 Leslie Drive — Opposed to increased traffic Steve Grant 1534 Leslie — wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi -family to office. Linda Morris. 1374 Leslie Way— Fencing and pathway issues Betty Rosso 2832 Leslie Drive — Canal tiling, multifamily, traffic David Thurston. 1470 Leslie Way — Canal and irrigation iii. Staff presenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. —Eagle Road Access; ii. —Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. —Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. —Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the % mile is preferred. ii. —Revise Condition 1.1.4 to read that no changes to the landscaping along Eagle Road are required. d. Outstanding Issue(s) for City Council: Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 2 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. ii. The Planning Commission made a recommendation based on the site design dated February 13, 2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staff recommended approval of the subject applications(AZ-05-057/PP-05-059/RZ-05-019/PS-05-002 and CUP -05-052) with the conditions noted in this report and denial of the access variance VAR -05-023 to the Planning Commission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve -Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 as presented in Staff Report for the hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.) Deny -Variance After considering all staff, applicant and public testimony, I move to deny File Numbers VAR - 05 -023 as presented in the Staff Report for the hearing date of May 2, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and VAR -05-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range IE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: Ashley Ford, WRG Design, INC Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 e. Present Zoning: General Retail and Commercial (C -G), Meridian, RUT -RI -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 Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. 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 through and other Commercial uses oriented around automobile traffic, the rear portions of the site are designed around transitional uses of a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential 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 (including rezones) 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. d. Newspaper notifications published on: Council - December 19 and January 2, 2005 e. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 f. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. 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 Sadie Creek Promenade proposal zoned C -G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County RI 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County RI 4. East: Future pad sites within the Kissler Annexation project zoned C -G, Eagle Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Road. d. History of Previous Actions: In April 2004, 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 18.43 acre out parcel immediately south of the C -G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 20-40) which are in the 6,000 to 8,000 square foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimum standards of the R-8 district. The submitted plat also includes 22 lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional parking contained in common lots. The submitted plat also contains seven lots in a C -G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square -foot buildings and five approximate 6,000 square -foot buildings. 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 L1.1) proposes a 35 -foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 5 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 adjacent to the site on the west and south 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. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics — N/A i. Conditional Use Information: Non-residential square footage: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 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 providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off -Street Parking (residential uses) — provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 1. Proposed and Required Residential Standards — R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 4 4 Rear 12 12 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 6 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Frontage -alley loaded 45 40 Frontage -garage fronted 60 50 Lot Size -alley loaded 4,630 4,000 Lot Size -garage fronted 6,023 5,000 Lot Size- Corner 5,188 5,000 R-15 (Standards) Setbacks (`all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 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 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This may be 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 Bienville Square project at approximately 1,000 feet south of the Ustick/Eagle Intersection. As noted previously, ITD must issue a right-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 I TD at a point to be determined by ACHD. This project will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: ■ 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 7 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 5 lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50 -foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. 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 this site. 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 I TD's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On October 28t` 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. 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 of non-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 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 (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 8 0 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 Sadie Creek Promenade 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 areas in the vicinity. • 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 ACRID 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 AChD's standards. Please see the ACRID staff report and Exhibit B for the conditions from ACBD. This site does not front on an ACRID controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 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 if the Meridian City Council does not grant a variance and/or if ITD does not approve an approach for this site. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 9 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities from the C -G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. • 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 finds 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 ACHD 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-2 lists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C -G zoning district. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 10 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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) space for every five hundred (500) square feet of gross floor area. 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. f. 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." g. UDC 11 -3H -4.B, Standards: Access to State Highway 55- "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)." h. 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. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads." i. 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/RZ/CUP/PS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 -05-057) Rezone (RZ-05-019): 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 10/24/2005 by Michael Marks, 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 11-513-3D 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 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: Prior Development Agreement: The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. 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, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Fencing/pathwya: The applicant has committed a plan to provide a pathway with Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 12 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on April 4, 2006. Non -Residential Buildings: The applicant has requested a maximum of 54,000 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more marketable conditions. The maximum square footage of one single building shall not exceed % of the maximum request. Residential Buildings_ The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. Staff—i`}}ppefts these elevations but w 1 suppeFt beaer- eslar-ifirsation of 1 ifie rr height, , -A�dress the eseneems of adjoining pEop,...a.. _ d f d • ilin h The elevations shall be in substantial conformance to the elevations presented at the April 18, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 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 (PP -05-059): 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. 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 H trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 13 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-313-9, 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 detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30 -foot wide landscape buffer lot along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-313-9 and not include impervious surfaces such as parking areas or driveways. The pathway proposed shall be landscaped in accordance with UDC 1I - 3B -12. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-213 requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along 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 11-313. 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 W. Bourbon Street and Cajon Court. 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 local roads 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 tile all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: 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, a single -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 showing a six foot cedar and block fence along the perimeter of the property which would meet the standards of the UDC. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 14 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. The applicant has submitted a revised fencing request as directed by the Planning Commission on 2/2/06. The request is for a six foot open vision fence along the Finch Lateral and a composite fence along the southern boundary. The Planning Commission approved the redesigned fencing plan along the finch lateral and a consistent block fence along the western property boundary with a consistent fence approved in the Sadie Creek Subdivision project. See Exhibit B below. 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/or I TD. The Commission has conditioned the Sadie Creek Project to provide at least one of the non -signalized access points to Ustick Road to be designed to serve as a commercial collector for interconnectivity to the north and 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 OCRs. See Exhibit B below. Cross -access North: The applicant shall be required to provide cross access to the parcels north 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. Eayle Road Access: The Idaho Transportation Department (TTD) has a policy for access to a Type TV 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 1,000 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either I TD or the Meridian Comprehensive Plan. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with TTD for the access to Eagle Road. 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 15 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 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. 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the west 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. Cross Access: The property to the north will be providing 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. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-317 Private Streets. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACRD and the UDC. 5. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 16 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic arealbasketball court in Lot 10 Block 2 11 -3G -3C-2 — Recreation amenities — Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Square (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (VAR -05-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for VAR -05-023 for further analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staff's analysis in italics). For additional analysis, see the Variance Findings in the staff report for VAR -05-023 for the hearing date of March 14, 2006. ■ Eagle Road Arterial Studv — Final Report (April 2004) 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 2005 letter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "rM and ACHD 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..." AChD 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 newpublic street (Sadie Creek Avenue) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 17 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. - 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). Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 18 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 fmds the AZ//RZ/PP/CUP/PS 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/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. EDITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date — Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9, 2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 19 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 6. Sanitary Services 7. ACRD D. Required Findings from UDC — 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 20 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) Bienville Square Subdivision Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 A2 Preliminary Plat 1(Stanley Consultants) No date Bienville Square Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Bienville Square Subdivision Exhibit A Page 3 s • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 1-1 jf 'I I; it s , I I� ` I I I � I I I I I 1 I 1 111 I 1 1 1 1 1 I I I I I I 1 11 I 1 I I I I I I I I I ga 111 I A III 1 I ' I I I I I I I I 111 I I 1 1 1 1 1 I 1 I I I I I I I 2 I I 111 1 I I I I I I I 111 I 5 I I I iIl I � 1 I I � I I 1 1 1 I 1 i I I 111 I I I I I I I I I I I � t I 111 I I I I I I � I I I I I I I ! I I III I J I I 1& g I I W6 1 It I 1 I I 1 I �I I Ili I \I' 1 1 sA 11 ` ' 1 —_ - ►�I+j; �a t# BIENVILLE SQUARE o d MERIDIAN. IDAHO —111 i 1 I 1 1 + -"'n+1^"'- 1 Bienville Square Subdivision Exhibit A Page 4 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.1(The Land Group) Dated October 13, 2005 _ _- C�ti?tefRf�tai}%Co�¢imrrrSai C I C � t BIENVILLE SQUARE MERIDIAN, IDAHO Bienville Square Subdivision Exhibit A Page 5 q i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 EzhibitA4: Site Plan T J 1 Tf FTIl a �•e T T 7 "T� i TTi I T; c Fr Tt,n, )PR ti� I Ali I'!il f i1 L1716 7 III 9 1<�0 _ o J j i HHiN+N+I+wt�1 o� a eyusmr srt- r � z ;! r , D �uWI+H+HN+I+�I I p at � Ailifis 9il�rag � i d � ` d.�`� "d fi � t f co d` 7� 4' �,t d 8 M - Bienville Square Subdivision Exhibit A Page 6 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Subdivision DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 °14'39" W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77°26'30" W 667.38 FEET TO A POINT; THENCE N 7203542"W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 °28'10" E 803.90 FEET TO A POINT; THENCE S 83"54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES. MORE OR LESS. SADIE-PARCEL A Bienville Square Subdivision Exhibit B Page 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 PE-� A/ ). j' 4,i- USTICK ROAD 32 33 —- — — — — —— —---�9 5 e4 i i t P UNPLATTED i i i i. t� in i0 221 28" CAROL'S SUBDIVISION 7821 N 90'00 00" W 10/31/05 ANNEXATION EXHIBIT FOR II BIENVILLE SQUARE SUBDIVISION I LOCATED IN THE NE 1/4 OF SECTION 5, SLmey Can,►r,M ex TOV"t SHIP 3 NORTH, RANGE 1 EAST B M 1940 S BOWO WAY SUITE 140 1 Asti COUNTY, IDAHO MERIDIAN, IDAHO 03642 - 208-288-0573 DIMM MEM [3arE: 10/23/05 SCALE: ,OB Na. FAL Bienville Square Subdivision Exhibit B Page 3 r • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Annexation DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. E., B.M., THENCE S 00'00'00" E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00'00'00" E 691.06 FEET ALONG SAID SECTION LINE TO A POINT, THENCE N 90'00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18"W 227.63 FEET TO A POINT; THENCE N 72'24'04" W 221.28 FEET TO A POINT; THENCE S 77026'30"W 667,38 FEET TO A POINT; THENCE N 72'3542" W 233.35 FEET TO A POINT; THENCE N 00'15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87'06'00" E 335.19 FEET TO A POINT; THENCE N 77'06'00" E 267.75 FEET TO A POINT; THENCE S 79'07'00'E 319.00 FEET TO A POINT; THENCE N 89'54'00" E 200.00 FEET TO A POINT; THENCE S 64'11'00" E 79.87 FEET TO A POINT; THENCE S 83'54'00" E 144,00 FEET TO THE REAL POINT OF OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE BIENVILLE-ANNEX 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — C -G (General Commercial) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C -G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18"W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 786.75 FEET; THENCE S 83°54'00" E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIENVILLE-COMMERCIAL CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R15 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83'54'00" W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°37'20" W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72"24'04" W 7.77 FEET TO A POINT; THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00"37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09011'53" W 171.74 FEET TO A POINT OF CURVATURE THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 002'08'E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11 "16'08" E 53.21 FEET TO A POINT OF CURVATURE; BIENVILLE-R-15 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21'17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79"21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49"42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13'38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82"33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75"44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°2742", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15059'49"W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N O8°49'36° E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71 "28'1W E 609.64 FEET TO A POINT; THENCE S 83054'00"E 133.56 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIENVILLE-R-15 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-8 (Medium Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 567.57 FEET TO A POINT; THENCE N 71-28'1 O -W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71 °28'10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.35 FEET TO A POINT; THENCE S 72035'42"E 233.35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT, THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40042'43"E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20028'023", A BIEIWILLE-R-8 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 °02'08° E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11 ° 16'08° E 53.21 FEET TO A POINT OF CURVATURE; THENCE 23228 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21°1T37°, A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00'37'20"E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28°W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21`123°, A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04° W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40° W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38°, A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21 ° W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75044'02"W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42°, A TANGENT OF 9.07 FEET AND A CHORD BEARING N 1505949° E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08°, A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36° E 92.84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BIENVILLE-R-1; • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS— (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-057) and Conditional Use Permit (CUP -05-052) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 Create an open space lot for the proposed 30 -foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-313 and not include impervious surfaces such as parking areas or driveways. A multi -use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated February 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10 -foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 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. mut not4imted to m" landseapmga4engxE'iag=� Rend whish earn_,., is listen as a right � & A 1.1.5 A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi -use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. 1.1.7 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.8 Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). 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 east 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. i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 Bienville Square 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, City of Meridian, and IID, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Road as shown on the site plan stamped February 13, 2006 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 may be 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 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 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. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.23 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. 1.1.24 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. • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 1.1.25 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, 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. 1.1.26 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. 1.1.27 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 extension of mains planned in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines 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 Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10 -inch main. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (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. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -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. i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets 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 and private roads. 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. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.21 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. 2.22 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 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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. 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 a fire -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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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). 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. ACRD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a 40 -foot commercial street section to a 36 -foot wide street within 50 -feet of right-of-way, with curb, gutter and 5 -foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36 -foot street sections within 50 -feet of right-of-way with curb, gutter and 5 -foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16 -feet wide within 20 -feet of right-of-way. OR The proposed alley may be constructed as a private drive/street, if it is signed accordingly. 7.5 Bourbon Street shall terminate in a culdesac and shall not extend to SH -55. 7.6 Public road access to SH -55 is prohibited. 7.7 Provide a letter from ITD stating required improvements and access decisions. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 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. 7.14 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. 7.15 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. 7.16 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. 7.17 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. 7.18 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. 7.19 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. 7.20 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11-513-3E. Annexation/Rezone 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. 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. The Council 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -05-059/ CUP -05- 052). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff 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 submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff 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 as government offices. The Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses from the low density residential uses west of the site. 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. The Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council 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. The 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, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. 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 and extended south through Sadie Creek Avenue to be looped with extensions in Eagle 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. Staff 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 had not submitted a staff report with site specific and standard conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 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, the Council 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 -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, R-15 and R-8 would be in • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the best interest of the City. 2. Preliminary Plat Findings: UDC 11-613-6 In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: 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 considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 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 Finch Lateral as well as providing an additional use buffer. 3. Conditional Use Findings UDC 11-511-6E 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. ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the site is 27.3 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. The Council finds that the proposed residential/retail/restaurant/office 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, or an access variance is granted, this finding will be met. I 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 finds 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 where commercial lots abut. The multifamily proposal is an appropriate transition from the Commercial uses to the lower density residential uses which surround the site. 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 finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ /RZ conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and TTD 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 public-private partnership to improve Ustick Road to five lanes and ACHD includes 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. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 finds the future buffer between land uses along the property boundary and the use and Eagle Road 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. 4. Private Street — UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis. April 28, 2006 PP 05-059 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 13 REQUEST Findngs for Approval — Request for a Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision — 2935 North 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: Emailed: See attached Findings Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. APR) 6 2006 iN Teridian �, fig k Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP -05-052 - Conditional Use Permit for mixed use development within 300 -feet of a residence AND PS -06-002 for a Private Street to provide frontage to Multi -Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No(s). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052 For the City Council Hearing Date of: May 2, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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 -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE I of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 May 2, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REVISED February 13, 2006 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 May 2, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 2 of 4 • 0 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 may be 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 may be 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 May 2, 2006 By action of the City Council at its regular meeting held on the a day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED ULA COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED L4kk COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED Lei . ,�, . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 3 of 4 ATTEST: �`��•�`° GL WILLIAM G. BERG, JR., CUrY CLERK Copy served upon: plicant P�g Department l' P orks Department ity Attorney Byu Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 " STAFF REPORT Hearing Date: May 2, 2006 110qe,4TV nF City Council Hearing Dates: April 18, 2006r Continued from: March 14, 2006 Planning & Zoning Commission Hearing Dates: February 16 2006 Continued from: February 2, 2006 Continued from: January 5, 2006 TO: Meridian City Council FROM: Planning Commission Staff. Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Bienville Square Subdivision. All applications are for Bienville Square Subdivision by Red Cliff Development, Inc. AZ -05-057 — Annexation and Zoning of 18.43 acres from RUT and RI to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ-05-019 — Rezone of 10.05 acres of C -G (General Commercial) to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP -05-059 — Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP -05-052 - Conditional Use Permit for mixed use development within 300 - feet of a residence. PS -05-002 — Private Street for providing frontage to multi -family site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct retail/restaurant/and office uses as well as a mixture of attached, detached and alley -accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately % mile south of the southwest corner of Ustick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ -03-018 and a corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade Subdivision project immediately north of this site was also in that annexation application.) 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 overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2. SUMMARY RECOMMENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade property at one time. The original intent was to have a full hearing of both projects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2, 2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2, 2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2, 2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. 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 1,300 feet south of Ustick Road. Staff is recommending approval with conditions of the subject applications (AZ -05-057, PP -05-059, RZ- 05-019, PS -05-002 and CUP -05-052). Staff is recommending denial of the variance application (VAR - 05 -023) The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy Knorpp, 2972 Leslie Drive — Opposed to increased traffic Steve Grant 1534 Leslie — wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi -family to office. Linda Morris. 1374 Leslie Way — Fencing and pathway issues Betty Rosso 2832 Leslie Drive — Canal tiling, multifamily, traffic David Thurston. 1470 Leslie Way — Canal and irrigation iii. Staff presenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. —Eagle Road Access; ii. —Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. —Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the % mile is preferred. ii. —Revise Condition 1.1.4 to read that no changes to the landscaping along Eagle Road are required. d. Outstanding Issue(s) for City Council: Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 2 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. ii. The Planning Commission made a recommendation based on the site design dated February 13, 2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staff recommended approval of the subject applications(AZ-05-057/PP-05-059/RZ-05-019/PS-05-002 and CUP -05-052) with the conditions noted in this report and denial of the access variance VAR -05-023 to the Planning Commission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve -Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 as presented in Staff Report for the hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.) Deny -Variance After considering all staff, applicant and public testimony, I move to deny File Numbers VAR - 05 -023 as presented in the Staff Report for the hearing date of May 2, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and VAR -05-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW comer of Ustick Road and Eagle Road/SH55 Township 3N, Range 1E, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: Ashley Ford, WRG Design, INC Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 e. Present Zoning: General Retail and Commercial (C -G), Meridian, RUT -RI -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 Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. 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 through and other Commercial uses oriented around automobile traffic, the rear portions of the site are designed around transitional uses of a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential 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 (including rezones) 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. d. Newspaper notifications published on: Council - December 19 and January 2, 2005 e. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 f. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. 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 Sadie Creek Promenade proposal zoned C -G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County RI 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 4. East: Future pad sites within the Kissler Annexation project zoned C -G, Eagle Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Road. d. History of Previous Actions: In April 2004, 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 18.43 acre out parcel immediately south of the C -G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 20-40) which are in the 6,000 to 8,000 square foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimum standards of the R-8 district. The submitted plat also includes 22 lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional parking contained in common lots. The submitted plat also contains seven lots in a C -G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square -foot buildings and five approximate 6,000 square -foot buildings. 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 L1.1) proposes a 35 -foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 5 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 RI (Ada County), and are currently residential. Lots adjacent to the site on the west and south 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. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle 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: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 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 providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off -Street Parking (residential uses) —provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 1. Proposed and Required Residential Standards — R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 4 4 Rear 12 12 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Frontage -alley loaded 45 40 Frontage -garage fronted 60 50 Lot Size -alley loaded 4,630 4,000 Lot Size -garage fronted 6,023 5,000 Lot Size- Corner 5,188 5,000 R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rea 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 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 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This may be 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 Bienville Square project at approximately 1,000 feet south of the Ustick/Eagle Intersection. As noted previously, TTD must issue a right-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 ACHD. This project will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: ■ 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 5 lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50 -foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. 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 this site. 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 materials. 6. AGENCY COMMENTS MEETING On October 280'2005, 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. 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 of non-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 anner.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 (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District 42. This service will not change. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 Sadie Creek Promenade 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 areas in the vicinity. • 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 ACHD's standards. Please seethe ACHD staff report and Exhibit B for the conditions from ACHD. This site does not front on an ACHD controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 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 if the Meridian City Council does not grant a variance and/or ifITD does not approve an approach for this site. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities from the C -G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. • 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 finds 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 ACHD 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 ACHD 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. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 10 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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) space for every five hundred (500) square feet of gross floor area. 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. f. 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." g. UDC 11 -3H -4.B, Standards: Access to State Highway 55- "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)." h. 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. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads." i. 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/RZ/CUP/PS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 11 E I� CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 -05-057) Rezone (RZ-05-019): 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 10/24/2005 by Michael Marks, 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 -5B -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, 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: Prior Development Agreement: The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. 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, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Fencing/pathwya: The applicant has committed a plan to provide a pathway with Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 12 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on April 4, 2006. Non -Residential Buildings: The applicant has requested a maximum of 54,000 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more marketable conditions. The maximum square footage of one single building shall not exceed %2 of the maximum request. Residential Buildings_ The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. Sm •: arts these 1� b would 1 w .. e1afifirsatiell f dw rrsuppoEt r a ibulk, JYes of f address " eeneofm of J b Y The elevations shall be in substantial conformance to the elevations presented at the April 18, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 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 (PP -05-059): 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. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 13 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. 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 detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30 -foot wide landscape buffer lot along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-313-9 and not include impervious surfaces such as parking areas or driveways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B-12. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-213 requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along 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 11-313. See Exhibit B below. Commercial Streets: UDC 11-213 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 W. Bourbon Street and Cajon Court. 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 local roads 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 tile all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: 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, a single -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 showing a six foot cedar and block fence along the perimeter of the property which would meet the standards of the UDC. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. The applicant has submitted a revised fencing request as directed by the Planning Commission on 2/2/06. The request is for a six foot open vision fence along the Finch Lateral and a composite fence along the southern boundary. The Planning Commission approved the redesigned fencing plan along the finch lateral and a consistent block fence along the western property boundary with a consistent fence approved in the Sadie Creek Subdivision project. See Exhibit B below. 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/or TTD. The Commission has conditioned the Sadie Creek Project to provide at least one of the non -signalized access points to Ustick Road to be designed to serve as a commercial collector for interconnectivity to the north and 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 North: The applicant shall be required to provide cross access to the parcels north 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. I TD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 1,000 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. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with TTD for the access to Eagle Road. 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 15 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fagade, 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 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. 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the west 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. 3. Cross Access: The property to the north will be providing 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. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-317 Private Streets. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACHD and the UDC. 5. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 16 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1— Quality of life amenities — Picnic area basketball court in Lot 10 Block 2 11 -3G -3C-2 — Recreation amenities — Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Square (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (VAR -05-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for VAR -05-023 for further analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in the staff report for VAR -05-023 for the hearing date of March 14, 2006. ■ Eagle Road Arterial Study — Final Report April 2004) 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 2005 letter to Eric Shannon, IT) District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACHD 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..." ACHD 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 newpublic street (Sadie Creek Avenue) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 17 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. - 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). Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 18 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 fmds the AZ//RZ/PP/CUP/PS 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/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date — Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9, 2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 19 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 6. Sanitary Services 7. ACRD D. Required Findings from UDC — 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 20 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) Bienville Square Subdivision Exhibit A Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 A2 Preliminary Plat 1 (Stanley Consultants) No date F-1 I 7117� J- i 7 Bienville Square Subdivision Exhibit A Page 2 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Bienville Square Subdivision Exhibit A Page 3 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 1 I aI I ' ,I III I I i 1 I 1 1 I I � I III I I I I I I I 1 i i 1 1 I I 1 1 1 1 1 V I I I 1 1 1 1 1 t I I I i . 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I - - . -- I Iil, ¢ Ito � 9 �' i BIENVILLE SQUARE _MERIDIAN, IDAHO Bienville Square Subdivision Exhibit A Page 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.1(The Land Group) Dated October 13, 2005 {-f- 1 0 MCC Retail/co mero"11 t BIENVILLE SQUARE j MERIDIAN, IDAHO Bienville Square Subdivision Exhibit A Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 EzhibitM: Site Plan Bienville Square Subdivision Exhibit A Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Subdivision DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00' E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 °14'39° W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72024'04'W 221.28 FEET TO A POINT; THENCE S 7726'30"W 667.38 FEET TO A POINT; THENCE N 72°35'42" W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 *28'10"E 803.90 FEET TO A POINT; THENCE S 83°54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS. SADIE-PARCEL A Bienville Square Subdivision Exhibit B Page I 0 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 10/31/05 DRAWN: MEQ! J USTICK ROAD 32 33 -------- ----(D 5 14 i i i a UNPLATTED i I i t. a 1- i CAROL'S SUBDIVISION ANNEXATION EXHIBIT FOR BIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1/4 OF SECTION 5, rOWiNSHIP .3 NORTH, RANGE 1 EAST, B M A um GOLINTY, IDJkrlu lf: 1= M' Bienville Square Subdivision Exhibit B Page 3 10/20/05 782 N 90'00 00" 1 awncy %mlowca m enc 1940 S BOWO WADY SIsITE 140 MERIDIAN, IDAHO 53642 208-23B-0573 I -40 -3 --No' EVftdVllLE • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 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 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets 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 and private roads. 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. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.21 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. 2.22 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 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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. 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 a fire -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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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). 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. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. ACRD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a 40 -foot commercial street section to a 36 -foot wide street within 50 -feet of right-of-way, with curb, gutter and 5 -foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36 -foot street sections within 50 -feet of right-of-way with curb, gutter and 5 -foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16 -feet wide within 20 -feet of right-of-way. OR The proposed alley may be constructed as a private drive/street, if it is signed accordingly. 7.5 Bourbon Street shall terminate in a culdesac and shall not extend to SH -55. 7.6 Public road access to SH -55 is prohibited. 7.7 Provide a letter from ITD stating required improvements and access decisions. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 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. 7.14 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. 7.15 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. 7.16 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. 7.17 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. 7.18 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. 7.19 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. 7.20 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11 -5B -3E. Annexation/Rezone 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. 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. The Council 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -05-059/ CUP -05- 052). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff 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 submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff 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 as government offices. The Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses from the low density residential uses west of the site. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. The Council does not ford that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council 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. The 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, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. 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 and extended south through Sadie Creek Avenue to be looped with extensions in Eagle 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. Staff 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 had not submitted a staff report with site specific and standard conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 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, the Council 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 (UDC 11-513-3.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, R-15 and R-8 would be in • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the best interest of the City. 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: 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. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 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 Finch Lateral as well as providing an additional use buffer. 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the site is 27.3 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. The Council finds that the proposed residential/retail/restaurant/office 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, or an access variance is granted, this finding 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 finds 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 where commercial lots abut. The multifamily proposal is an appropriate transition from the Commercial uses to the lower density residential uses which surround the site. 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 finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ /RZ 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) 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 public-private partnership to improve Ustick Road to five lanes and ACHD includes 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. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 finds the future buffer between land uses along the property boundary and the use and Eagle Road 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. 4. Private Street — UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Annexation DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE'/, OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00'00'00- E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 691.06 FEET ALONG SAID SECTION LINE TO A POINT, THENCE N 90'00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'0518- W 227.63 FEET TO A POINT; THENCE N 72024'04"W 221.28 FEET TO A POINT; THENCE S 77026'30"W 667.38 FEET TO A POINT; THENCE N 72035'42"W 233.35 FEET TO A POINT; THENCE N 00°15'11"W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87'06'00' E 335.19 FEET TO A POINT, THENCE N 77006'00"E 267.75 FEET TO A POINT; THENCE S 79'0T00° E 319.00 FEET TO A POINT; THENCE N 89054'00"E 200.00 FEET TO A POINT; THENCE S 64'11'00' E 79.87 FEET TO A POINT; THENCE S 83°54'00" E 144.00 FEET TO THE REAL POINT OF OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE BIENVILLB-ANNEX 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — C -G (General Commercial) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C -G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D' OF RECORD OF SURVEY NO. 6418 AND OF THE NE Y4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN. ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18° W 227.63 FEET TO A POINT; THENCE N 72"24'04" W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 786.75 FEET; THENCE S 83°54'00° E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIENV7L LE -COMMERCIAL • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R15 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/. OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83054'00"W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00"37'20" W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72"24'04" W 7.77 FEET TO A POINT: THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00037'20" E 132.52 FEET TO A POINT; THENCE S 89"22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13 A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°4243" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 *02'08"E 204.31 FEET TO A POINT OF TANGENCY: THENCE N 11"16'08" E 53.21 FEET TO A POINT OF CURVATURE; BIENVILLE-R-15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21 °17'37°, A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00037'20"E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28°W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123°, A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04° W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40° W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38°, A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21 ° W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 7544'02'W 41.56 FEET TO A POINT ON A CURVE THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°2742°, A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15059'49"W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08°, A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36° E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71028'10' E 609.64 FEET TO A POINT; THENCE S 83054'00° E 133.56 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIENVILLE-R-15 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-8 (Medium Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83054'00" W 567.57 FEET TO A POINT; THENCE N 71 °28'10"W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71028'10' W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.35 FEET TO A POINT; THENCE S 72035'42" E 233.35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89022'40"E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99"49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40-42-43"E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A BIENVILLE-R-8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 °02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11°16'08" E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21-17-37-, A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00*37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123 A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49042'04"W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89022'40"W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38 A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17"48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36" E 92.84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BMNVILLE-R-8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS— (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-057) and Conditional Use Permit (CUP -05-052) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 Create an open space lot for the proposed 30 -foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. A multi -use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated February 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10 -foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 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. l flim4ed to fii4 immiseaping a engEa Read Whish suffmtly is 14stea as a right ift4i& t 1.1.5 A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi -use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. 1.1.7 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.8 Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). 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 east 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. 0 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 Bienville Square 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 ACED, City of Meridian, and IID, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Road as shown on the site plan stamped February 13, 2006 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 may be 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 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 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. 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. 1.1.23 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. 1.1.24 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. 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 1.1.25 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, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate inigation/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. 1.1.26 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. 1.1.27 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 extension of mains planned in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines 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 Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10 -inch main. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (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. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -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. 0 April 28, 2006 CUP 05-052 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 14 REQUEST Findngs for Approval — Request for a Conditional Use Permit for Mixed -Use Regional project within 300 feet of a residence for Bienville Square Subdivision — 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings 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. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED APR 06 City Of ridian C W7 Cir Office In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP -05-052 - Conditional Use Permit for mixed use development within 300 -feet of a residence AND PS -06-002 for a Private Street to provide frontage to Multi -Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No(s). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052 For the City Council Hearing Date of. May 2, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) B. Conclusions of Law 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 -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 1 of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 May 2, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REVISED February 13, 2006 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 May 2, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, 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 may be 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 may be 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 May 2, 2006 By action of the City Council at its regular meeting held on the Z day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ l/( COUNCIL MEMBER JOE BORTON VOTED�;w COUNCIL MEMBER CHARLIE ROUNTREE VOTED -7 COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T VVIY de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 3 of 4 • ,�i illll „ AA A �• A i(jD � et \\ f A ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: ✓ pplicant anning Department lic Works Department City Attorney BY: Dated: 5-,� (7 Lp Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 STAFF REPORT Hearing Date: May 2, 2006 _ CITY r,� � City Council Hearing Dates: April 18, 2006CM ' q g� Continued from: March 14, 2006 11^`} Planning & Zoning Commission Hearing Dates: February 16, 2006 Continued from: February 2, 2006 Continued from: January 5, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Bienville Square Subdivision. All applications are for Bienville Square Subdivision by Red Cliff Development, Inc. AZ -05-057 — Annexation and Zoning of 18.43 acres from RUT and RI to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ-05-019 — Rezone of 10.05 acres of C -G (General Commercial) to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP -05-059 — Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP -05-052 - Conditional Use Permit for mixed use development within 300 - feet of a residence. PS -05-002 — Private Street for providing frontage to multi -family site. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct retail/restaurant/and office uses as well as a mixture of attached, detached and alley -accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately % mile south of the southwest corner of Ustick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ -03-018 and a corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade Subdivision project immediately north of this site was also in that annexation application.) 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 overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2. SUMMARY RECOMMENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade property at one time. The original intent was to have a full hearing of both projects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2, 2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2, 2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2, 2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. 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 1,300 feet south of Ustick Road. Staff is recommending approval with conditions of the subject applications (AZ -05-057, PP -05-059, RZ- 05-019, PS -05-002 and CUP -05-052). Staff is recommending denial of the variance application (VAR - 05 -023) The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy Knorpp, 2972 Leslie Drive — Opposed to increased traffic Steve Grant 1534 Leslie — wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi -family to office. Linda Morns. 1374 Leslie Way— Fencing and pathway issues Betty Rosso 2832 Leslie Drive — Canal tiling, multifamily, traffic David Thurston. 1470 Leslie Way — Canal and irrigation iii. Staff presenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. —Eagle Road Access; ii. Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. —Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. —Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the % mile is preferred. ii. —Revise Condition 1. 1.4 to read that no changes to the landscaping along Eagle Road are required. d. Outstanding Issue(s) for City Council: Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. ii. The Planning Commission made a recommendation based on the site design dated February 13, 2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staff recommended approval of the subject applications(AZ-05-057/PP-05-059/RZ-05-019/PS-05-002 and CUP -05-052) with the conditions noted in this report and denial of the access variance VAR -05-023 to the Planning Commission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve -Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 as presented in Staff Report for the hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.) Deny -Variance After considering all staff, applicant and public testimony, I move to deny File Numbers VAR - 05 -023 as presented in the Staff Report for the hearing date of May 2, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and VAR -05-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW comer of Ustick Road and Eagle Road/SH55 Township 3N, Range IE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: Ashley Ford, WRG Design, INC Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 3 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 e. Present Zoning: General Retail and Commercial (C -G), Meridian, RUT-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 Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. 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 through and other Commercial uses oriented around automobile traffic, the rear portions of the site are designed around transitional uses of a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential 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 (including rezones) 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. d. Newspaper notifications published on: Council - December 19 and January 2, 2005 e. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 f. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. 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 Sadie Creek Promenade proposal zoned C -G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County RI 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County RI 4. East: Future pad sites within the Kissler Annexation project zoned C -G, Eagle Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 4 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Road. d. History of Previous Actions: In April 2004, 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 18.43 acre out parcel immediately south of the C -G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: Agricultural/irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 2040) which are in the 6,000 to 8,000 square foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimum standards of the R-8 district. The submitted plat also includes 22 lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional parking contained in common lots. The submitted plat also contains seven lots in a C -G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square -foot buildings and five approximate 6,000 square -foot buildings. 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 L1.1) proposes a 35 -foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 5 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 RI (Ada County), and are currently residential. Lots adjacent to the site on the west and south 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. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle 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: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 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 providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off -Street Parking (residential uses) — provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 1. Proposed and Required Residential Standards — R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (`all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 4 4 Rear 12 12 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 6 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Frontage -alley loaded 45 40 Frontage -garage fronted 60 50 Lot Size -alley loaded 4,630 4,000 Lot Size -garage fronted 6,023 5,000 Lot Size- Corner 5,188 5,000 R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 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 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This may be 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 Bienville Square project at approximately 1,000 feet south of the Ustick/Eagle Intersection. As noted previously, ITD must issue a right-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 will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: ■ 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 5 lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50 -foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. 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 this site. 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 rM's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 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. 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 of non-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 anner.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 (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 8 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 Sadie Creek Promenade 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 areas in the vicinity. • 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 AChD 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 AChD's standards. Please see the ACRD staff report and Exhibit B for the conditions from ACHD. This site does not front on an ACHD controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 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 if the Meridian City Council does not grant a variance and/or if ITD does not approve an approach for this site. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities from the C -G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. • 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 3S foot wide landscape buffer to Gateway CorWdors. 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 ACHD 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 ACHD 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. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 (l) mace for every five hundred (500) square feet of jaross floor area. d. Structures Subject to Design Standards (11-3A-19.13.5): 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. f. 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." g. UDC 11 -3H -4.B, Standards: Access to State Highway 55- "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)." h. UDC 11-3H-4.13.2, 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. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads." i. UDC 11-3H4.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/RZ/CUP/PS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page I 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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 -05-057) Rezone (RZ-05-019): 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 10/24/2005 by Michael Marks, 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 -5B -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 proximi1y of existing and future residential uses 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: Prior Development Agreement: The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. 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, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Fencing/pathwya: The applicant has committed a plan to provide a pathway with Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 12 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on April 4, 2006. Non -Residential Buildings: The applicant has requested a maximum of 54,000 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more marketable conditions. The maximum square footage of one single building shall not exceed %2 of the maximum request. Residential Buildings_ The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. Staff suppogs these elevations but would a4se suppeFt be#@;-: a-l—Ariffiv.-ant-in-a of the spec�€iEheight, bulk,—Pjges of mater -Ws, and lec-a&as proposedfer. @a t"@ to The elevations shall be in substantial conformance to the elevations presented at the April 18, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 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 (PP -05-059): 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. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 13 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. 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 detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30 -foot wide landscape buffer lot 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. The pathway proposed shall be landscaped in accordance with UDC 11- 313-12. See Exhibit B below. Landscape Street Buffers: Arterials: UDC I1 -2B requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along 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 11-213 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 W. Bourbon Street and Cajon Court. 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 local roads 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 tile all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: 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, a single -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 showing a six foot cedar and block fence along the perimeter of the property which would meet the standards of the UDC. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 14 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. The applicant has submitted a revised fencing request as directed by the Planning Commission on 2/2/06. The request is for a six foot open vision fence along the Finch Lateral and a composite fence along the southern boundary. The Planning Commission approved the redesigned fencing plan along the finch lateral and a consistent block fence along the western property boundary with a consistent fence approved in the Sadie Creek Subdivision project. See Exhibit B below. 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/or ITD. The Commission has conditioned the Sadie Creek Project to provide at least one of the non -signalized access points to Ustick Road to be designed to serve as a commercial collector for interconnectivity to the north and 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 North: The applicant shall be required to provide cross access to the parcels north 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 1,000 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. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with ITD for the access to Eagle Road. 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 15 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fagade, 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 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. 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the west 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. Cross Access: The property to the north will be providing 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. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-317 Private Streets. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACHD and the UDC. 5. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 16 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1— Quality of life amenities — Picnic area/basketball court in Lot 10 Block 2 11 -3G -3C-2 — Recreation amenities — Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Square (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (VAR -05-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for VAR -05-023 for further analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in the staff report for VAR -05-023 for the hearing date of March 14, 2006. ■ Eagle Road Arterial Study — Final Report (Anri12004) 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 2005 letter to Eric Shannon, TTD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACHD 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..." ACHD 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 newpublic street (Sadie Creek Avenue) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 17 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. - 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 staffs 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). Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 18 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 62 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 26 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//RZ/PP/CUP/PS 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/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date — Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9, 2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 19 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 6. Sanitary Services 7. ACHD D. Required Findings from UDC — 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 20 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) idittil fit! l° Bienville Square Subdivision Exhibit A Page 1 to rh i i XWIN� �r- 11 7, Bienville Square Subdivision Exhibit A Page 1 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 A2 Preliminary Plat 1(Stanley Consultants) No date Bienville Square Subdivision Exhibit A Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 as ssaeo�:r.: ifil --- la— 'if��eoe� Bienville Square Subdivision Exhibit A Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 r N Jill'! SQUARE IM, il $. ;PBS®� ;#�C�� -1 �, 4e...MERIDIAN. IDAHO Bienville Square Subdivision Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al Landscape Plan MA(The Land Group) Dated October 13, 2005 _ rifizE_e/Roail lCommrT,_ial ii 121 fl W STREET NAME � � t s/ (F1I�i �p am= BIENVILLE SQUARE i ��L, MERIDIAN, IDAHO Bienville Square Subdivision Exhibit A Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 ExhibitA4: Site Plan e Bienville Square Subdivision Exhibit A Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Subdivision DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 014'39"W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44005'18"W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77°26'30" W 667.38 FEET TO A POINT; THENCE N 72°3542" W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 °28'10" E 803.90 FEET TO A POINT; THENCE S 83'54'00"E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS. SADIE-PARCEL A Bienville Square Subdivision Exhibit B Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 ------US-flCK ROAD K� IV Z1 .'W - 4.?. w 32 33 -------------fp 5 14 UNPLATTED Ln nl 28' CAROL'S SUBDIVISION ANNEXATION EXHIBIT FOR BIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1/4 OF SECTION 5, ITOWNSHIP 3 NORTH, RANCE 1 EAST. 8 M ADA COUNTY, IDAHO KAN: MEM DATE. 10/20/ob SCALF; Bienville Square Subdivision Exhibit B Page 3 7821 N 90'00 00" w StM1471cinadtam V'c 1940 S BoNmo wAy SUITE 140 MERIDIAN, IDAHO 63642 208-288-0573 - -- —WENVII-F • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Annexation DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00'00'00" E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00'00'00"E 691.06 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90'00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18" W 227.63 FEET TO A POINT, THENCE N 72'24'04" W 221.28 FEET TO A POINT; THENCE S 77026'30"W 667.38 FEET TO A POINT; THENCE N 72'3542" W 233.35 FEET TO A POINT, THENCE N 00'15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87'06'00" E 335.19 FEET TO A POINT, THENCE N 77'06'00"E 267.75 FEET TO A POINT; THENCE S 79007'00" E 319.00 FEET TO A POINT; THENCE N 89054'00"E 200.00 FEET TO A POINT; THENCE S 64011'00" E 79.87 FEET TO A POINT; THENCE S 83'54'00" E 144.00 FEET TO THE REAL POINT OF OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE BIENVILLE-ANNEX • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — C -G (General Commercial) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C -G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D' OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00'00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00'00'00" E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90'00'00'W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18"W 227.63 FEET TO A POINT; THENCE N 72024'04'W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00'37'20"E 786.75 FEET; THENCE S 83'54'00' E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIENVILLE-COMMERCIAL • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R15 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE X OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83"54'00" W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°37'20" W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72°24'04" W 7.77 FEET TO A POINT; THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 8902240" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°4243° E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09011'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 002'08"E 204.31 FEET TO A POINT OF TANGENCY: THENCE N 11 °16'08" E 53.21 FEET TO A POINT OF CURVATURE BIENVILLE-R-15 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21"1T37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00®37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04 W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89022'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03"2742", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15"5949" W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17048'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08"49'36" E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71028'10' E 609.64 FEET TO A POINT; THENCE S 83"54'00" E 133.56 FEET TO THE REAL. POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIENVIL,LE-R-15 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R -S (Medium Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE Y4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00'00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83054'00"W 567.57 FEET TO A POINT; THENCE N 71-28'1 O'W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71-28'10' W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00015'11" E 1129.35 FEET TO A POINT; THENCE S 72°35'42" E 233.35 FEET TO A POINT; THENCE N 77026'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT, THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99049'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40"42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09"11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20028'023°, A, BIENVILLE-R-8 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 002'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11'16'08"E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21 °17°37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79-21-123-, A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89022'40"W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75044'02"W 41.56 FEET TO A POINT ON A CURVE THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 1505949° E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08049'36"E 92.84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BEENVILLE-R-S i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 C. Conditions of Approval I. Planning Department SITE SPECIFIC REQUIREMENTS— (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-057) and Conditional Use Permit (CUP -05-052) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 Create an open space lot for the proposed 30 -foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. A multi -use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated February 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10 -foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 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. Inch,ding but net 1jai4ed to p » landseaping along E , 1.1.5 A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi -use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. 1.1.7 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.8 Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). 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 east 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. 0 L CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 Bienville Square 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 OCR's. 1.1.16 Other than the points of access approved by ACRD, City of Meridian, and rM, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Road as shown on the site plan stamped February 13, 2006 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 may be 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 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 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. 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. 1.1.23 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. 1.1.24 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. i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 1.1.25 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, 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. 1.1.26 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. 1.1.27 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 extension of mains planned in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines 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 Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10 -inch main. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (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. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -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. • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets 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 and private roads. 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. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.21 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. 2.22 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 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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 comers 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. 3.3 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 a fire -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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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). 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. 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. ACRD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a 40 -foot commercial street section to a 36 -foot wide street within 50 -feet of right-of-way, with curb, gutter and 5 -foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36 -foot street sections within 50 -feet of right-of-way with curb, gutter and 5 -foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16 -feet wide within 20 -feet of right-of-way. OR The proposed alley may be constructed as a private drive/street, if it is signed accordingly. 7.5 Bourbon Street shall terminate in a culdesac and shall not extend to SH -55. 7.6 Public road access to SH -55 is prohibited. 7.7 Provide a letter from TTD stating required improvements and access decisions. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 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. 7.14 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. 7.15 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. 7.16 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. 7.17 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. 7.18 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 DIGLM (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. 7.19 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. 7.20 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. 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11 -5B -3E. Annexation/Rezone 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. 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. The Council 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -05-059/ CUP -05- 052). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff 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 submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff 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 as government offices. The Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses from the low density residential uses west of the site. 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. The Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council 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. The 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, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. 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 and extended south through Sadie Creek Avenue to be looped with extensions in Eagle 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. Staff 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 had not submitted a staff report with site specific and standard conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 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, the Council 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 11-513-3.E). If the annlicant enters into a Development Agreement (DA) with the City, the Council finds that the annexation and zonina of this pro gty to C -G, R-15 and R-8 would be in • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the best interest of the City. 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: 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. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 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 Finch Lateral as well as providing an additional use buffer. 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. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the site is 27.3 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. The Council finds that the proposed residential/retail/restaurant/office 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, or an access variance is granted, this finding 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 finds 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 where commercial lots abut. The multifamily proposal is an appropriate transition from the Commercial uses to the lower density residential uses which surround the site. 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 finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ /RZ 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 public-private partnership to improve Ustick Road to five lanes and ACHD includes 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. 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 finds the future buffer between land uses along the property boundary and the use and Eagle Road 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. 4. Private Street — UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis. • Apdi 28, 2006 • MI 05-013 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 15 REQUEST Findngs for Approval — Request for a Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision — 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings 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: Staff Initials: Phone: 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 APR 2 9 2006 Cf ridian i�a Office 4 it�:�aa In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C -G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi -family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP -05-052 - Conditional Use Permit for mixed use development within 300 -feet of a residence AND PS -06-002 for a Private Street to provide frontage to Multi -Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No(s). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052 For the City Council Hearing Date oh May 2, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 1 of 4 C� 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 May 2, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REVISED February 13, 2006 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 May 2, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, 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 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 may be 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 may be 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 May 2, 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 0 COUNCIL MEMBER KEITH BIRD VOTED_ MAYOR TAMMY de WEERD VOTED d� �dfOli' I MAYOR de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 3 of 4 \ V ATTEST: r� Ln _ Z UAM G. BERG, JR., C CL Copy served upon: V' Applicant Planning Department Public Works Department City Attorney BY Dated: V.- 2 Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-057, PP -05-059, RZ-05-019, PS -05-002 and CUP -05-052- PAGE 4 of 4 CITY OF MERIDIAN PLOING DEPARTMENT STAFF REPORT FOIE HEARING DATE OF 05/02/06 STAFF REPORT Hearing Date: May 2, 2006 City Council Hearing Dates: April 18, 2006C> enawy v Continued from: March 14, 2006 Planning & Zoning Commission Hearing Dates: February 16, 2006 Continued from: February 2, 2006 Continued from: January 5, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Bienville Square Subdivision. All applications are for Bienville Square Subdivision by Red Cliff Development, Inc. AZ -05-057 — Annexation and Zoning of 18.43 acres from RUT and Rl to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ-05-019 — Rezone of 10.05 acres of C -G (General Commercial) to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP -05-059 — Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP -05-052 - Conditional Use Permit for mixed use development within 300 - feet of a residence. PS -05-002 — Private Street for providing frontage to multi -family site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct retail/restaurant/and office uses as well as a mixture of attached, detached and alley -accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately % mile south of the southwest corner of Ustick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ -03-018 and a corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade Subdivision project immediately north of this site was also in that annexation application.) 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 overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 1 CITY OF MERIDIAN PLAN;CING DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 2. SUMAIARY RECOMMENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade property at one time. The original intent was to have a full hearing of both projects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2, 2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2, 2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2, 2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. 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 1,300 feet south of Ustick Road. Staff is recommending approval with conditions of the subject applications (AZ -05-057, PP -05-059, RZ- 05-019, PS -05-002 and CUP -05-052). Staff is recommending denial of the variance application (VAR - 05 -023) The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy Knorpp, 2972 Leslie Drive — Opposed to increased traffic Steve Grant 1534 Leslie — wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi -family to office. Linda Morris. 1374 Leslie Way — Fencing and pathway issues Betty Rosso 2832 Leslie Drive — Canal tiling, multifamily, traffic David Thurston. 1470 Leslie Way — Canal and irrigation iii. Staff presenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. —Eagle Road Access; ii. —Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. —Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. —Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the % mile is preferred. ii. Revise Condition 1. 1.4 to read that no changes to the landscaping along Eagle Road are required. d. Outstanding Issue(s) for City Council: Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 2 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FOR& HEARING DATE OF 05/02/06 i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. ii. The Planning Commission made a recommendation based on the site design dated February 13, 2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staff recommended approval of the subject applications(AZ-05-057/PP-05-059/RZ-05-019/PS-05-002 and CUP -05-052) with the conditions noted in this report and denial of the access variance VAR -05-023 to the Planning Commission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve -Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 as presented in Staff Report for the hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.) Deny -Variance After considering all staff, applicant and public testimony, I move to deny File Numbers VAR - 05 -023 as presented in the Staff Report for the hearing date of May 2, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and VAR -05-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range IE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: Ashley Ford, WRG Design, INC Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 3 CITY OF MERIDIAN PLAIANG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 e. Present Zoning: General Retail and Commercial (C -G), Meridian, RUT-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 Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. 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 through and other Commercial uses oriented around automobile traffic, the rear portions of the site are designed around transitional uses of a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential 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 (including rezones) 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. d. Newspaper notifications published on: Council - December 19 and January 2, 2005 e. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 f. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. 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 Sadie Creek Promenade proposal zoned C -G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County RI 4. East: Future pad sites within the Kissler Annexation project zoned C -G, Eagle Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 4 CITY OF MERIDIAN PLAIANG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 Road. d. History of Previous Actions: In April 2004, 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 18.43 acre out parcel immediately south of the C -G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 20-40) which are in the 6,000 to 8,000 square foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimum standards of the R-8 district. The submitted plat also includes 22 lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional parking contained in common lots. The submitted plat also contains seven lots in a C -G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square -foot buildings and five approximate 6,000 square -foot buildings. 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 L1.1) proposes a 35 -foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 5 CITY OF MERIDIAN PLAOING DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 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 RI (Ada County), and are currently residential. Lots adjacent to the site on the west and south 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. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle 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: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 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 providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off -Street Parking (residential uses) —provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 1. Proposed and Required Residential Standards — R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 15 15 Side 4 4 Rear 12 12 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 6 CITY OF MERIDIAN PLAANG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 Frontage -alley loaded 45 40 Frontage -garage fronted 60 50 Lot Size -alley loaded 4,630 4,000 Lot Size -garage fronted 6,023 5,000 Lot Size- Corner 5,188 5,000 R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 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 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This may be 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 Bienville Square project at approximately 1,000 feet south of the Ustick/Eagle Intersection. As noted previously, TTD must issue a right-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 ACHD. This project will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: ■ 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 7 CITY OF MERIDIAN PLAPNG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 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 5 lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50 -foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. 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 this site. 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 materials. 6. AGENCY COMMENTS MEETING On October 28th 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. 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 of non-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 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 (ACRID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 8 CITY OF MERIDIAN PLAOING DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 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 Sadie Creek Promenade 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 areas in the vicinity. • 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 ACHD 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 ACM's standards. Please see the ACHD staff report and Exhibit B for the conditions from ACFID. This site does not front on an ACHD controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 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 if the Meridian City Council does not grant a variance and/or if ITD does not approve an approach for this site. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 9 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORW HEARING DATE OF 05/02/06 developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities from the C -G District to the R-8 and R-15 Districts. The applicants have included residential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. • 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 finds 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 ACHD 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-2 lists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C -G zoning district. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 10 CITY OF MERIDIAN PLAIANG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 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) space for every five hundred (500) square feet of gross floor area. 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 fimctions are fully contained and out of view from adjacent properties and public streets. f. 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." g. UDC 11 -3H -4.B, Standards: Access to State Highway 55- "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)." h. 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. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads." i. 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/RZ/CUP/PS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page I1 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 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 -05-057) Rezone (RZ-05-019): 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 10/24/2005 by Michael Marks, 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 -5B -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, 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 ativelyipact nearby properties. Staff believes that the Development Agreement should include the following provisions: Prior Development Agreement: The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. 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, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Fencing/vghwya: The applicant has committed a plan to provide a pathway with Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 12 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on April 4, 2006. Non -Residential Buildings: The applicant has requested a maximum of 54,000 square feet of retail/restaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more marketable conditions. The maximum square footage of one single building shall not exceed %Z of the maximum request. Residential Buildings_ The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. Staff . peFts dwse elou-miens l.,,t would also s peFt Lotto.. slar-ifis do of the materials, d 1 .,tions d f Y 1, t"e t., S�@E t�� lr�@S A€ iiiu�=iisz��a�vvacroricr piv�v�cazvr-vavrrcrp�cv The elevations shall be in substantial conformance to the elevations presented at the April 18, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch ]Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 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 (PP -05-059): 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. 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 H trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 13 CITY OF MERIDIAN PLA*G DEPARTMENT STAFF REPORT FOROk HEARING DATE OF 05/02/06 consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-313-9, 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 detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30 -foot wide landscape buffer lot along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-313-9 and not include impervious surfaces such as parking areas or driveways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B-12. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-213 requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along 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 11-313. See Exhibit B below. Commercial Streets: UDC 11-213 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 W. Bourbon Street and Cajon Court. 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 local roads 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 tile all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: 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, a single -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 showing a six foot cedar and block fence along the perimeter of the property which would meet the standards of the UDC. 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 14 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. The applicant has submitted a revised fencing request as directed by the Planning Commission on 2/2/06. The request is for a six foot open vision fence along the Finch Lateral and a composite fence along the southern boundary. The Planning Commission approved the redesigned fencing plan along the finch lateral and a consistent block fence along the western property boundary with a consistent fence approved in the Sadie Creek Subdivision project. See Exhibit B below. 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/or ITD. The Commission has conditioned the Sadie Creek Project to provide at least one of the non -signalized access points to Ustick Road to be designed to serve as a commercial collector for interconnectivity to the north and 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 North: The applicant shall be required to provide cross access to the parcels north 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. TTD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 1,000 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. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with PTD for the access to Eagle Road. 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has 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 Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 15 CITY OF MERIDIAN PLAINNG DEPARTMENT STAFF REPORT FORW HEARING DATE OF 05/02/06 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 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. 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the west 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. Cross Access: The property to the north will be providing 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. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACRD and the UDC. 5. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 16 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic area/basketball court in Lot 10 Block 2 11 -3G -3C-2 — Recreation amenities — Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Square (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (VAR -05-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for VAR -05-023 for further analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in the staff report for VAR -05-023 for the hearing date of March 14, 2006. ■ Eagle Road Arterial Study — Final Report April 20041 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 2005 letter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACHD 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..." AChD 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) Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 17 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORW HEARING DATE OF 05/02/06 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. - 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). Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 18 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 2004 TOP 10 MERIDIAN ACCIDENT i nr_ATtnNc 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//RZ/PP/CUP/PS 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/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date — Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9, 2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 19 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 6. Sanitary Services 7. ACHD D. Required Findings from UDC — 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 20 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) Bienville Square Subdivision Exhibit A Page I CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORIOE HEARING DATE OF 05/02/06 A2 Preliminary Plat I (Stanley Consultants) No date Bienville Square Subdivision Exhibit A Page 2 =7]5 CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 "J� , � s• III��'IfII,>oe� ill 1111111.1ft� oliBmili$^i,lg1 &g6a�a g �sg s Bienville Square Subdivision Exhibit A Page 3 CITY OF MERIDIAN PANG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 Bienville Square Subdivision Exhibit A Page 4 ----- gi � ---- - BIENVILLE SQUARE f►Iq = Z-1 AAERIDIAN. IDAHO ' Bienville Square Subdivision Exhibit A Page 4 CITY OF MERIDIAN PLA�ING DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan Ll.l(The Land Group) Dated October 13, 2005 BIENVILLE SQUARE MERIDIAN, mHo Bienville Square Subdivision Exhibit A Page 5 Office /Whit/Caaimer. ia! CITY OF MERIDIAN PLA91ING DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 ExhibitM: Site Plan Bienville Square Subdivision Exhibit A Page 6 CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Subdivision DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/.OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00' E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83054'00"W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 014'39"W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77°26'30° W 667.38 FEET TO A POINT; THENCE N 7203542"W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 °28'10" E 803.90 FEET TO A POINT; THENCE S 83°54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS. SADIE-PARCEL A Bienville Square Subdivision Exhibit B Page 1 CITY OF MERIDIAN PANG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 r. USTICK ROAD - 32 33 -- - - - - -- - - - -fD 5 14 i i f 0 UNPLATTED Q '1 iin CAROL'S SUBDIVISION 4 711 21 N 9000 00" W J O w 11 1 1 I ANNEXATION EXHIBIT FOR BIENVILLE SQUARE SUBDIVISION ����� LOCATED IN THE NE 1/4 OF SECTION 5, (OWNSHIP 3 NORTH, RANGE 1 EAST, g M 1940Uu���® wA� ACOA COUNTY, IDAHO MERIDIAN. IDAHO 63642 20E-288-0573 L1RARIN: Ad£!d MATE: 10/20/05 5CA,tf; , a m' J03 NO, KWLLC Bienville Square Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FOR.* HEARING DATE OF 05/02/06 Exhibit B: Legal Description - Annexation DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.- COMMENCING OLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00"00'00" E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 691.06 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77'26'30"W 667.38 FEET TO A POINT; THENCE N 72°3542" W 233.35 FEET TO A POINT: THENCE N 00°15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87°06'00" E 335.19 FEET TO A POINT. THENCE N 77°06'00" E 267.75 FEET TO A POINT; THENCE S 79°07'00" E 319.00 FEET TO A POINT; THENCE N 89054'00"E 200.00 FEET TO A POINT; THENCE S 64°11'00" E 79.87 FEET TO A POINT; THENCE S 83°54'00" E 144.00 FEET TO THE REAL POINT OF BEG OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE OR BIENVILLE-ANNEX CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — C -G (General Commercial) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C -G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00'00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90'00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44'05'18° W 227.63 FEET TO A POINT; THENCE N 72'24'04" W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00'37'20"E 786.75 FEET; THENCE S 83054'00'E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIENV1T-LE-COMIvMRCIAL CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION RIS ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/. OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTIO14 5, T. 3 N., R. 1 E., B.M., THENCE S 00'00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00037'20"W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72"24'04" W 7.77 FEET TO A POINT; THENCE S 77"26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89'22'40"E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99"49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°4243" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09"11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 002'08"E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11 "16'08" E 53.21 FEET TO A POINT OF CURVATURE; BIENVILLE-R-15 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORW HEARING DATE OF 05/02/06 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21-17-37-, A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00°37'20° E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10"01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04° W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89'22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13'38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 8203321"W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75044'02"W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 0302742", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15"59'49" W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17048'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36" E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71 *28'10"E 609.64 FEET TO A POINT; THENCE S 83054'00"E 133.56 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIENVILLE-R-15 CITY OF MERIDIAN PLARNG DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 Exhibit B: Legal Description — R-8 (Medium Density Residential) DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N. R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83054'00" W 567.57 FEET TO A POINT; THENCE N 71 °28'10"W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71 °28'10° W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11° E 1129.35 FEET TO A POINT; THENCE S 72°35'42" E 233.35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00037'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40042'43"E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023% A BIENVILLE-R-8 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 °02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11'16'08' E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21°17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49042'04"W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40'W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15059'49'E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17'48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36" E 92.84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BIENVILLE-R-8 CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS— (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-057) and Conditional Use Permit (CUP -05-052) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 Create an open space lot for the proposed 30 -foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. A multi -use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated February 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10 -foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 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. jand .,,. ping ajefig E Rid whish gafmfi y is listed as a right W ht s 1.1.5 A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi -use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. 1.1.7 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.8 Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). 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 east 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. CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FOR* HEARING DATE OF 05/02/06 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. 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 Bienville Square 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, City of Meridian, and ITD, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission supports the access point to Eagle Road as shown on the site plan stamped February 13, 2006 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 may be 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 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 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. 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 ACED, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.23 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. 1.1.24 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. CITY OF MERIDIAN PLAONG DEPARTMENT STAFF REPORT FORW HEARING DATE OF 05/02/06 1.1.25 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, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate inigation/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. 1.1.26 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. 1.1.27 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 extension of mains planned in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines 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 Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10 -inch main. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (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. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -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. CITY OF MERIDIAN PLAOING DEPARTMENT STAFF REPORT FORE HEARING DATE OF 05/02/06 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 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 The applicant has not indicated how the storm drainage from the proposed private streets 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 and private roads. 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. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.21 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. 2.22 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 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. 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. 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 a fire -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. • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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). 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. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. ACRD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a 40 -foot commercial street section to a 36 -foot wide street within 50 -feet of right-of-way, with curb, gutter and 5 -foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36 -foot street sections within 50 -feet of right-of-way with curb, gutter and 5 -foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16 -feet wide within 20 -feet of right-of-way. OR The proposed alley may be constructed as a private drive/street, if it is signed accordingly. 7.5 Bourbon Street shall terminate in a culdesac and shall not extend to SH -55. 7.6 Public road access to SH -55 is prohibited. 7.7 Provide a letter from TTD stating required improvements and access decisions. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 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. 7.14 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. 7.15 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. 7.16 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. 7.17 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. 7.18 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 DIGLM (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. 7.19 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. 7.20 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11 -5B -3E. Annexation/Rezone 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. 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. The Council 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). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -05-059/ CUP -05- 052). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff 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 submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff 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 as government offices. The Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses from the low density residential uses west of the site. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. The Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council 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. The 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, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. 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 and extended south through Sadie Creek Avenue to be looped with extensions in Eagle 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. Staff 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 had not submitted a staff report with site specific and standard conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 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, the Council 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 -5B -3.E). If the annlicant enters into a Development Agreement WA) with the City the Council finds that the annexation and zoning of this property to C -G, R-15 and R-8 would be in • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the best interest of the City. 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: 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. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 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 Finch Lateral as well as providing an additional use buffer. 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. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the site is 27.3 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. The Council finds that the proposed residential/retaiVrestaurant/office 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, or an access variance is granted, this finding 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 finds 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 where commercial lots abut. The multifamily proposal is an appropriate transition from the Commercial uses to the lower density residential uses which surround the site. 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 finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ /RZ 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 public-private partnership to improve Ustick Road to five lanes and ACHD includes 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. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 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. 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 finds the future buffer between land uses along the property boundary and the use and Eagle Road 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. 4. Private Street — UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis. 0 April 28, 2006 VAR 05-023 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 16 REQUEST Findngs for Denial — Request for a Variance to allow access to a state highway for Bienville Square Subdivision — 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see attached Findings 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: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER t. IDAHO 4fif, %S 14e+ In the Matter of Variance request for access to SH 55/ Eagle Road, for Bienville Subdivision by Red Cliff Development. Case No(s). VAR -05-023 For the City Council Hearing Date of: March 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 -05-023- PAGE 1 of 3 i 0 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 March 14, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for access to SH 551 Eagle road is hereby denied. D. 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 may be 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 may be 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 March 14, 2006 By action of the City Council at its regular meeting held on the ®i "d day of (Y)44:t e 92006. fla CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -05-023- 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 MAA®GSR° ATTEST: WILLIAM G. BERG, JR., O ERIC 4111, Copy served upon: Applicant'' Planning Department Public Works Department City Attorney VOTED__�k VOTED VOTED -AWr� VOTED VOTED WEERD BY' JDated: Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -05-023- PAGE 3 of 3 CITY OF MERIDIAN PLAN# AND ZONING DEPARTMENT STAFF REPO*R HEARING DATE OF 3/14/06 STAFF REPORT City Council Hearing Date: March 14, 2006 TO: Mayor and City Council FROM: Joe Guenther, Associate City Planner SUBJECT: Bienville Subdivision Variance File No. VAR -05-023 e:tn' rtr '� 113.�d-IlJ F Variance request to allow one access point onto Eagle Road, SH 55 by Red Cliff Development Company 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to state highways. The Variance application proposes a new approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in. On March 7, 2006, Idaho Transportation Department (ITD) staff submitted a response to the request for access to Eagle Road. ITD staff indicated that the proposed access point does not meet district policies. On February 16, 2006, ITD's executive committee held a decision on the access permit application contingent on obtaining a Variance to Section 11-3H of the UDC. The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page 2 of this report. The Variance application pertains to the 27.3 acres proposed as a commercial/residential/multifamily mixed use development, the applicant has submitted development applications consecutively with the variance request. The City Council has final decision authority on the Variance application. 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR -05-023) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). Section 11-31-1-3 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 specific recommendation has been provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range IE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 Bienville Subdivision Access VAR -05-023 PAGE I CITY OF MERIDIAN PLAN& AND ZONING DEPARTMENT STAFF REPO1lOR HEARING DATE OF 3/14/06 d. Representative: Ashley Ford, WRG Design, INC e. Present Zoning: General Retail and Commercial (C -G), Meridian, RUT -RI -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 Red Cliff Development Company) for a copy of the overall conceptual site plan which depicts the proposed driveway location (dated Revised February 13, 2006. h. Applicant's Statement/Justification: The application lists the following key arguments for allowing the new access points to Eagle Road, SH 55: ■ There is no possibility of providing a frontage road as ITD policy claims; • ITD has already granted approach permits for the project on the north side of Ustick Road; ■ We believe we are grandfathered from the UDC based on discussions and annexation occurring before its adoption. 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Council - December 19 and January 2, 2005 C. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 d. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. 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 Sadie Creek Promenade proposal zoned C -G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 4. East: Future pad sites within the Kissler Annexation project zoned C -G, Eagle Road. d. History of Previous Actions: In April 2004, 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 18.43 acres site is the current annexation request and is not subject to the development agreement approved in 2004, the access to Eagle Road is located Bienville Subdivision Access VAR -05-023 PAGE CITY OF MERIDIAN PLAN* AND ZONING DEPARTMENT STAFF REPOOIOR HEARING DATE OF 3/14/06 within the 18.43 acre site. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. in. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access points to Eagle Road/SH55 at the following location (see Exhibit A): ■ Driveway #1 —approximately 1320 feet south of Ustick Road As noted above, ITD has not issued permits for these approaches. ITD has made these locations contingent on the City of Meridian granting a variance. In addition, the recorded DA between the applicant and the City shows the access points but was never recorded for this site. The Meridian Comprehensive plan for Gateway Corridors and ITD policy in place at the time of annexation does not allow access at the proposed location. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters submitted with the variance application and the project applications AZ-05- 057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002. 6. AGENCY COMMENTS All agencies provided comments for the annexation application with. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 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 of non-residential uses and is intended to allow a broad range of uses. Staff fords the following 2002 Comprehensive Plan text policies to be applicable to this application: • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The AChD evaluates access points in their analysis; no direct lot access is allowed to any of the Bienville Subdivision Access VAR -05-023 PAGE 3 CITY OF MERIDIAN PLAN* AND ZONING DEPARTMENT STAFF REP04BOR HEARING DATE OF 3/14/06 arterial/collector roadways. The proposed access points to the arterial streets generally comply with AChD's standards. Please seethe AChD staff report and Exhibit B for the conditions from AChD. This site does not front on an ACID controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 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 if the Meridian City Council does not grant a variance and/or ifITD does not approve an approach for this site. • 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 with the exception of the curb cut shown on the site plan.. 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. ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD 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). ■ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) ■ "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) ■ "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal in, Objective D, Action item 5) S. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Development along Federal and State Highways: Unified Development Code (UDC) 11- 311-1, 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 11-311-4.B, Standards: Access to State Highway - "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. Bienville Subdivision Access VAR -05-023 PAGE CITY OF MERIDIAN PLANK AND ZONING DEPARTMENT STAFF REPO*R HEARING DATE OF 3/14/06 2. Public street connections to the state highway shall only be allowed at: 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 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 C. ■ Development Agreement There is no development agreement tied to the locations of Eagle Road access on the 18.43 acres that would specifically address access to Eagle Road/SH55: ■ AnDlicant Arguments to Grant Variance The applicant's arguments to grant the variance were summarized in Section 3.h of this report (page 2). Please see the application for more details. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. The fact that the applicant had not begun the process of securing access to Eagle Road at this location before adoption of the UDC is not the right question. The question required by the UDC (11-3H-4.B.a) is, "Was there a lawful and properly permitted existing use effective September 15, 2005?" The answer is "no," because the site was not annexed, did not have any specific uses approved, or grant any use permits for the property. All properties being annexed into the City of Meridian require future uses to be upgraded to meet the City of Meridian Standards and required all future uses to comply with Comprehensive Policies and Ordinance Standards. ITD has not approved access permits to this site. The fact that ITD has already granted approach permits in the area is also not the issue at hand for the City Council. The City Council is charged with enforcing the terms of the City's ordinances — in this case Article H of the UDC and determining the variance based on the City's own findings. The applicant claims that due to physical constraints on the site that they will not be able to create a frontage road. However, the TTD policy states that a frontage "type" of connection may be utilized, which does not have to be with a public road connection. ACHD has approved three access points to Ustick Road, which will be upgraded at the controlled intersection. ACHD has also provided a public road connection (Sadie Creek Avenue), Planning Staff required multiple cross access points to the north which were to be designed as commercial collectors with appropriate widths and limited connections (Cajon Court, Pvt). Staff conditioned these road connections to serve as the frontage type roadways as required Bienville Subdivision Access VAR -05-023 PAGE 5 CITY OF MERIDIAN PLANK AND ZONING DEPARTMENT STAFF REPO*R HEARING DATE OF 3/14/06 by TTD for traffic circulation and no further connections would be required if properly designed and managed. These public access points are less than 1200 feet from any point on the site and when properly designed, staff feels that the size of the site does not constitute reason for a variance as it is common to drive less than 1/4 of a mile when accessing a public road system, especially for residential and office uses. Furthermore, the UDC includes a statement that an access "may" be granted, if approved by 1TD. However, the UDC explicitly states there must be an "existing use that is lawful and properly permitted" prior to September 15, 2005. No such use has yet been approved and all uses existing on site are to increase the intensity of the use and change the nature of the area which are prohibited by City Ordinance. 9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to grant new vehicular access points to Eagle Road/SH55. We find the letters received from IM during the 2005-2006 annexation process make no guarantees that permanent access points would be approved, that staff has required a frontage road with the project development which does meet ITD policies for interconnectivity, and this access is not shown in the Eagle Road Corridor Study. Finally, we do not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject application. We have prepared findings consistent with this recommendation in Exhibit C. 10. EXHIBITS A. Project Plan (by Red Cliff Development Company) B. Legal Description C. Required Findings from UDC (Variance) Bienville Subdivision Access VAR -05-023 PAGE 6 CITY OF MERIDIAN PLANK AND ZONING DEPARTMENT STAFF REPO*R HEARING DATE OF 3/14/06 Exhibit A: Overall Concept Plan (Red Cliff Development Company) 1 1tSf�liii;ii9! i; i llit Meridian Gateway Variance Application Exhibit A Page 1 14 �s y y P N yyt 9 t f j - F! iI �, I� -•� mrcaan a gwrJ '°S R s Meridian Gateway Variance Application Exhibit A Page 1 CITY OF MERIDIAN PLAN& AND ZONING DEPARTMENT STAFF REP04BOR HEARING DATE OF 3/14/06 Exhibit B: Legal Description DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 *14'39"W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44"05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77°26'30" W 667.38 FEET TO A POINT; THENCE N 72"3542" W 233,35 FEET TO A POINT; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 *28'10"E 803.90 FEET TO A POINT; THENCE S 83°54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS. SADIE-PARCEL A Meridian Gateway Variance Application Exhibit B Page 1 CITY OF MERIDIAN PLAN* AND ZONING DEPARTMENT STAFF REPOIOOR HEARING DATE OF 3/14/06 z N 5 a co V) J O L: v io r 0 u IV USTICK ROAD 32 33 -- - - - - -- - - - - Is 5 14 f t I UNPLATTED ZZI Cc CAROL'S SUBDIVISION 10/31/05 1 ANNEXATION EXHIBIT FOR DIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANCE 1 EAST, E M ALBA COUNTY, IDAHO Meridian Gateway Variance Application Exhibit B Page 2 78 a 90'00 00"? SALE: — ago, -! w J C.9 ;w Stamey Consultam ux 1940 S BONITO WAY SUITE 140 MERIDIAN, JDAHp 8.3642 208--288-0573 _ I JO ,Vq. F"T%VILLt CITY OF MERIDIAN PLAN; AND ZONING DEPARTMENT STAFF REPOOR HEARING DATE OF 3/14/06 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access point 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 been conditioned to provide a cross access frontage road system to which they have agreed with the Planning Commission findings for the project approval. They applicant has more than 800 feet with three connections to Ustick Road with which to design multiple access points and take public street access as shown with the 10 acres of annexation in 2004. . Section 11-31-1-3 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 rI D. However, to staff's knowledge, no such recommendation has been provided to date. B. 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 Ustick Road. The subject property has no barriers to connecting multiple access points to Ustick Road as approved by ACRD. Settlers Irrigation District would allow the applicant to cover the Finch Lateral if requested for a canal crossing. Granting the proposed access point may relieve some traffic congestion within the site because southbound traffic on Eagle Road/SH55 would not be forced to travel north to Ustick Road to get through the Eagle/Ustick intersection; drivers could potentially make a free right -out turn and merge with traffic, however merging traffic slows down the flow of traffic which is unimpeded for an additional 4 miles which will further cause reductions in speed on Eagle Road. However, the free right option is not tied to a physical characteristic of the site, which is what this finding requires. In addition, when construction upgrades to Sadie Creek Avenue, with the connection to Ustick Road west of Eagle Road are complete, a right-hand turn on to Eagle Road from the subject property should be relatively simple with little or no stacking for southbound traffic, a controlled intersection, and multiple turning lanes for northbound traffic. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the right-in/right-out access point 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 a full movement access as requested by the Commission has the additional potential conflict of adding vehicles to the center turn lane, does not comply with the Eagle Road Corridor study, and slows traffic speeds where the speed limit is 55 miles per hour. A vehicle going 55 miles per hour will travel 80.685 feet each second, as the site is only 1320 feet long, it would take a north bound vehicle approximately 15 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. If a center median is constructed as shown on the Eagle Road Corridor study, a permanent barrier will exist at Meridian Gateway Variance Application Exhibit C Page 1 CITY OF MERIDIAN PLAN10 AND ZONING DEPARTMENT STAFF REPOIebR HEARING DATE OF 3/14/06 the location of the requested access which does not show an acceleration/deceleration lane for traffic accessing the site. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Meridian Gateway Variance Application Exhibit C Page 2 C� J April 28, 2006 FP 06-019 MERIDIAN CITY COUNCIL MEETING May 2,2W6 APPLICANT Jake Centers ITEM NO. 17 REQUEST Request for a Final Plat approval of 12 residential building lots and 5 common lots on 5 acres in an R-4 zone for The Reserve Subdivision — 5955 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: COMMENTS See attached Sfafff Comments INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached Lefter from nave AAeKinnnn Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF JAKE CENTERS ) FOR MAL PLAT APPROVAL OF ) 12 RESIDENTIAL BUILDING LOTS ) AND 5 COMMON LOTS ON 5 ) ACRES IN AN R4 ZONE ) LOCATED AT 5955 LOCUST } GRIOVE ROAD IN A PORTION OF ) THE NE % OF T. 4N. R. 1E.9 ) SECTION 30 ) F, CIC May 212006 CASE NO. FP -06-019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 2, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: may 2, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING THE RESERVE SUBDIVISION LOCATED IN A PORTIONOF THE NE '/a OF T. 4N., R. 1E., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE RESERVE SUBDIVISION / (FP -06-019) Page 1 of 4 • 0 DATE: 04/07/06, SHEET 1 OF 4, THE LAND GROUP, INC.", C7 DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 2, 2006, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Conger Management Group, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 2, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE RESERVE SUBDIVISION / (FP -06-019) Page 2 of 4 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE RESERVE SUBDIVISION / (FP -06-019) Page 3 of 4 0 r Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 1'1'1 m - 2006. OF XLLTLAM C'i♦ de WEERD 1W . BERG, �► ' T Copy served upon: ✓ Applicant Planning and Zoning Department Public Works Department City Attorney Dated: 6 -30 -OLD City Clerk's office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TBE RESERVE SUBDIVISION I (FP -06-019) Page 4 of 4 CITY OF MERIDIAN PALING AND PUBLIC WORKS DEPAWENTS STAFF REPORT r STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: May 2, 2006 Transmittal Date: April 24, 2006 Mayor & City Council �* r 1W nr- ✓YLi"1111�1- 4'V Sonya Watters, Assistant City Planner Aw Michael Cole, Development Services Coordinator M L The Reserve Subdivision Request for Final Plat Approval of The Reserve Subdivision Consisting of 12 Single-family Residential Building Lots and 5 Common/other Lots on 5 Acres in an R-4 Zone by Jake Centers (File# FP -06-019). submittal and offer the following comments and conditions Qf the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUAEWARY & LOCATION The applicant, Jake Centers, has applied for final plat approval of 12 single-family residential building lots and 5 common/other lots on 5 acres in an R4 zone for The Reserve Subdivision. The proposed gross density of the subdivision is 2.4 dwelling units per acre. The proposed net density of this subdivision is 2.9 dwelling units per acre. The Reserve Subdivision is located on the west side of N. Locust Grove Road, approximately 1/a mile south of Chinden Blvd., in the NE 1/a of Section 30, TAN., R.IE. This property has not been previously platted. The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of the final plat for The Reserve Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMIVENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-050) and preliminary plat (PP - 05 -051) for this subdivision. 2. All fencing shall comply with UDC 11-3A-7 and conditions of approval of the preliminary plat. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Revise or add the following note(s) on the face of the plat dated 4/7/06, prepared by The Land Group, prior to signature on the final plat by the City Engineer: (7.) Add Lot 1 of Blocks 4 & 5 as common lots. (*.) Add note: "Fencing adjacent to Lot 7, Block I shall be in compliance with the most Lqcentl +approved Fencing Standards of the ON of Meridian." Exhibit "A" FP -06-019 Reserve Sub FP PAGE 1 CITY OF MERIDIAN PLWING AND PUBLIC WORKS DEPAENTS STAFF REPORT (*.) Add note: "Driveways for Lots 6 and 8 Block 1 Lot 1 Block 3 and Lot 6 Block 2 are prohibited from being constructed within the traffic circle at the intersection of E Commander Street and N un Shimmer Avenue " All fencing on the north side of Block 1 shall either be open -vision or shall not exceed four feet in height if solid fencing is used. Add a note dedicating a 5 -foot wide Public Utilities, Drainage and Irrigation easement along interior lot lines. (.) Add a note: "Bottom elevation of structural footing shall be set a minimum of 12 -inches above the highest established normal ground water elevation." (*.) Add a note: "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed by an irrigation/drainage entity.,, 4. The Landscape Plan, prepared by The Land Group and dated 4/6/06, shall be revised as follows: a. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not it the Transportation Authority's five-year funded plan, developer shall maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the Transportation Authority (ACID) along N. Locust Grove Road. The retraining area must be landscaped with lawn or other vegetative groundcover; revise plan accordingly (UDC 11-3114C5a). b. The landscape strip must be a minimum of 5 -feet wide on each side of the pathway on Lot 7, Block 1 per UDC 11 -3B -12C1; revise plan accordingly. C. Include tree class information in the plant schedule. (Only class Il trees are allowed within parkways.) d. Show the sidewalk located along N. Locust Grove Road to be located within the sidewalk easement noted on the plat. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 5. The applicant has indicated that the Settlers Irrigation District will own and maintain the pressure irrigation system within this development. Since the system is to be owned and maintained by Settlers Irrigation District, a letter of plan approval including the off-site mains being run through property that this applicant does not own, from Settlers shall be provided to Public Works prior to scheduling of a pre -construction meeting. 6. 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. Sanitary sewer service to this development is proposed via extension of mains in N. Locust Grove Road. The applicant shall install all mains to and through this development. Applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 8. Construction of this development can not begin until previously installed pressure sewer mains through this property are no longer in service. Exhibit "A" FP -06-019 Reserve Sub FP PAGE 2 CITY OF MERIDIAN PANING AND PUBLIC WORKS DEPAENTS STAFF REPORT 9. Prior to signature on the plat by the City Engineer, any existing sewer easements associated with the pressure sewer mains on this project shall be vacated. 10. Water service to this proposed development is being proposed via extensions of mains in N. Locust Grove Road which is a pressure zone boundary. The preliminary plat showed water service connecting to the property to the west therefore no pressure reducing vault was required at that time. The construction plans submitted show only the connection in Locust Grove and therefore the applicant shall be required to install a pressure reducing vault with communication capabilities consistent with the City of Meridian's SCADA system, location to be coordinated with the Public Works Department. Or obtain the necessary easements to install a water main connection to the west. 11. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 12. No subdivision identification signs are approved with this application. All and all proposed subdivision signs will require approval of a separate sign permit. 13. Prior to signature on the final plat submit an encroachment agreement with Settler's Irrigation District to allow for fencing in the easement called out in Note 11. 14. Include the bearings and distance of the lot lines for Lot 1, Block 5. 15. Complete the recorded instrument number for the reference to the Declaration of Covenants, Conditions, & Restrictions noted on the face of the plat. 16. Correct the 8.5 foot easement shown on the face of the plat referencing the sidewalk easement along N. Locust Grove Road to reflect 5 feet as shown in note #6 or change note #6 to reflect 8.5 feet as shown. 17. The face of the garage on Lot 2, Block 3, shall be located at least 20 -feet south of the southern edge of the temporary turnaround easement. Install "No Parking" signs on both sides of E. Commander Street adjacent to Lot 2, Block 3 and Lot 9, Block 1. Install a "No Parking in Driveway" sign near the terminus of the temporary turnaround. Coordinate the design of the temporary turnaround and "No Parking" signs with the Meridian Fire Department (888-1234). 18. Remove all buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. 19. 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 Exhibit "A" FP -06-019 Reserve Sub FP PAGE 3 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT 20. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. S. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. 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. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Exhibit "A" FP -06-019 Reserve Sub FP PAGE 4 CITY OF MERIDIAN PANING AND PUBLIC WORKS DEPAOENTS STAFF REPORT Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-611-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECON MMI)ATION Staff recommends approval of the final plat for The Reserve Subdivision (FP -06-019) with the above stated comments and conditions. Exhibit "A' FP -06-019 Reserve Sub FP PAGE 5 Date: April 35, 3006 To: Mayor and City Council Re: Final Plat Staff Report for The Reserve Subdivision Dear Mayor and Council, We have received and reviewed a copy of the staff report that has been prepared for the Reserve Subdivision and have prepared a written response below as requested. The response will follow the body of the report, with comments as needed for clarification, a "no comment" response indicates agreement with the comments or conditions. Application and Summary Location: No comment. Site Specific Comments: 1-2. No comment. 3. The requested notes and revisions will be added to the face of the plat. 4. The Landscape plan will be revised and requested. Three copies of the revised plan will be submitted to the Planning Department upon completion - 5 -7- No comment. 8_ The previously installed pressure sewer mains will not be needed in the very near future, a connection to the gravity line in Saguaro Canyon has already been constructed and the temporary lift station is no longer needed_ 9. A vacation request for the existing pressurized sewer easement has been submitted to the City of Meridian for approval. (yes) 10. We will revised the construction drawings to reflect the water lines, and accompanying easement, to install a water line from the West as proposed in the Preliminary drawings. 11-16. No comment. 17. Clarification: If the turn -round is not used as a driveway to a garage, a 20' setback from the turnaround will not be required. 18-20. No comment. General Requirements Exhibit "B" U 1-1 4. No Comment With the above noted changes and comments we are in agreement with the staff report and ask for your approval of the Final Plat for the Reserve Subdivision. If you have any questions please contact me at 353-2515 or via e-mail at dmckip.n0L,Av on ter'=roup.gm,. Sincerely, Dave McKinnon CMG Exhibit "B" • April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2,2W6 APPLICANT Champion Addition, Inc. ITEM NO. 18 REQUEST Request for a Final Plat approval of 48 residential building lots, 2 commercial lots and 4 common lots on 11.44 acres in R-8, C -N, and C -G zones for Champion Park Addition -- 2740 East Ustick 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 Staff Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF CHAMPION ) ADDITION, INC., FOR FINAL ) PLAT APPROVAL OF 48 ) RESIDENTIAL BUILDING LOTS, 2 ) COMMERCIAL LOTS, AND 4 ) COMMON LOTS ON 11.44 ACRES ) IN R-8, C -N, AND C -G ZONES ) LOCATED AT 2740 EAST USTICK ) ROAD IN A RESUBDIVISION OF ) LOT 41, BLOCK 18, CHAMPION ) PARK SUB. NO. 3, AND A ) PORTION OF THE W % OF THE SE ) % OF SECTION 32, T. 4N., R. 1E. C/C May 2, 2006 CASE NO. FP -06-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 2, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 2,2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CHAMPION PARK ADDITION SUBDIVISION LOCATED IN A RESUBDIVISION OF LOT 41, BLOCK 18, ORDER OF CONDMONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK ADDITION SUBDIVISION / (FP -06-018) Page 1 of 4 i 0 CHAMPION PARK SUB. NO. 3, AND A PORTION OF THE W %2 OF THE SE'/ OF SECTION 32, T. 4N., R. IE. BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 03/23/06, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", CHAMPION ADDITION, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 2, 2006, listing 18 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 2, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK ADDITION SUBDIVISION / (FP -06-018) Page 2 of 4 0 0 suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK ADDITION SUBDIVISION / (FP -06-018) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the �.6-J day of , 2006. ATTEST: `�,�`�`�`t of: YOR de WEERD L WILLIAM G. BERG, JR., C CL Copy served upon: ✓ App Planniri�/ate,° tbepartment v,— Public Works Department _ I City Attorney BYClerk's O ' Dated: i ffice ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK ADDITION SUBDIVISION / (FP -06-018) Page 4 of 4 CITY OF MERIDIANOANNING AND PUBLIC WORKS DEOTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: May 2, 2006 Transmittal Date: April 24, 2006 Mayor & City Council r VIC (N�Cerih IDAHO ti aim Sonya Watters, Assistant City Planner & Michael Cole, Development Services Coordinator C Champion Park Addition Request for Final Plat Approval of Champion Park Addition Consisting of 48 Single-family Residential Building Lots, 2 Commercial Lots, and 4 Common/other Lots on 11.44 Acres in the R-8, C -N, & C -G Zones by Champion Addition, Inc. (File# FP -06-018). submittal and offer the following comments and conditions of the applicant. )e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Champion Addition, Inc., has applied for final plat approval of 48 single-family residential building lots, 2 commercial lots, and 4 common/other lots on 11.44 acres in the R-8, C -N, & C -G zones for Champion Park Addition. The proposed gross density of the subdivision is 4.77 dwelling units per acre. The proposed net density of this subdivision is 6.11 dwelling units per acre. Champion Park Addition is located on the north side of E. Ustick Road, approximately 1/3 mile west of N. Eagle Road in the SE % of Section 32, TAN., R.M. This property is a re -subdivision of Lot 41, Block 18, Champion Park Subdivision No. 3. This subdivision is part of the larger Planned Development for Champion Park, which was approved in 2003. Since the original conditional use permit was approved, the applicant has rezoned the commercial portion of the property (Lots 33 & 34, Block 1) from R-8 to the C -N & C -G zoning districts. A modification to the conditional use permit and development agreement was also approved in 2006 that allowed for the construction of single-family attached and detached homes instead of a mini -storage facility along the east boundary of the Champion Park Development. The submitted final plat substantially complies with the approved Champion Park Addition preliminary plat. Staff recommends approval of the final plat for Champion Park Addition with the comments and conditions stated in this report. SPECIAL CONSIDERATIONS The preliminary plat approved for this site had a site specific condition regarding orientation of housing on Lots 8, 9, and 14. The applicant has stated in their narrative that they do not wish to comply with this requirement because, "The surveyor signing the plat and the Ada County Engineer have said it is inappropriate to make this type of designation on a final plat." They continue to discuss problems with this that include house being oriented one direction and garages another; however, in the past plats have been recorded with arrows showing front of lot orientation. Since the preliminary plat was conditioned to Exhibit "A" FP -06-018 Champion Park Addition FP.doc PAGE 1 CITY OF MERIDIAN*ANNING AND PUBLIC WORKS DEOTMENTS STAFF REPORT show this orientation, and the applicant wishes to have the condition removed, City Council should make the decision whether or not the lot orientation should be mandated. SITE SPECIFIC COMMENTS Applicant is to meet all applicable terms of the approved rezone (RZ-05-021), development agreement (lust. #103085229), amended development agreement (Inst. 106048480), preliminary plat (PP -05-061), conditional use permit (CUP -02-049), and modified conditional use permit (MCU -05-004) for this subdivision. 2. Temporary fencing to contain debris during construction shall be installed along the north and east perimeter boundaries of this phase, unless permanent fencing already exists at the subdivision boundary. All fencing shall comply with UDC 11-3A-7 and conditions of approval of the preliminary plat. 3. Revise or add the following note(s) on the face of the plat dated 3/23/06, prepared by Engineering Solutions, LLP, prior to signature on the final plat by the City Engineer: (10.) Add development agreement instrument #103085229 & amended development agreement instrument #106048480. (*.) Add note: "Fencing adiacent to Lot 26 Block 1 shall be in compliance with the most recently approved Fencing Standards of the City of Meridian." Unless otherwise allowed by City Council add note: "The future house on Lot 8, Block 2 shall be oriented to the south. The future house on Lot 9 Block 2 shall be oriented to the north. The future house on Lot 14 Block 2 shall be oriented to the east." (*.) Add note: "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation " 4. The Landscape Plan, prepared by Harvest Design and dated 3/22/06, shall be revised as follows: a. Fencing is required adjacent to the micropath on Lot 26, Block 1, in compliance with UDC 11 -3A -7A7. b. A 5 -foot wide detached sidewalk is required along E. Ustick Road; show location on plan. C. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority's five-year funded plan, developer shall maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the Transportation Authority (ACHD) is required along N. Meridian Road. The remaining area must be landscaped with lawn or other vegetative groundcover; revise plan accordingly (UDC 11- 3B-7C5a). Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. The applicant has indicated that the Homeowners Association will own and maintain the pressure irrigation system within this development. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. With the final copy being submitted prior to signature on the final plat for the last phase of this development. Exhibit "A" FP -06-018 Champion Park Addition FP.doc PAGE 2 CITY OF MERIDIANOANNING AND PUBLIC WORKS DATMENTS STAFF REPORT 6. 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. Sanitary sewer service to this development is proposed via extensions of mains in N. Leslie Way that were installed with a previous phase of Champion Park Subdivision. The applicant shall install all mains necessary to provide service; the applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 8. Water service to this proposed development is being proposed via extensions of mains in Champion Park Subdivision. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 9. If any water meters are located in driveways they shall be constructed of traffic rated materials per City of Meridian Standard Specifications. 10. Staff recommends adding a note or graphical representation that there is no Public Utility, Drainage and Irrigation easement centered along the interior lot line between Lots 33 and 34. Due to the fact that commercial lot lines often shift. 11. Graphically depict an easement of sufficient width to protect the gravity irrigation main shown on the construction plans in Lots 27-33 of Block 1. 12. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The extra width is needed to accommodate a pressurized irrigation main being installed. a. The eastern boundary of Lots 7, 10 of Block 2. b. The eastern boundary of Lot 3 of Block 1. 13. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 14. All future use(s) on Lots 33 & 34, Block 1, shall obtain Conditional Use Permit approval prior to construction and operation. 15. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 16. Remove all buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. 17. 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 11-313- 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 Exhibit "A" FP -06-018 Champion Park Addition FP.doc PAGE 3 CITY OF MERIDIAN*ANNING AND PUBLIC WORKS DATMENTS STAFF REPORT proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, 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 18. Staff's failure to cite specific ordinance provisions, or terms of the approved rezone, development agreement(s), or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. 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. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" FP -06-018 Champion Park Addition FP.doc PAGE 4 CITY OF MERIDIAN OANNING AND PUBLIC WORKS DESTMENTS STAFF REPORT 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-613-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Champion Park Addition Subdivision (FP -06-018) with the above stated comments and conditions. (Include decision on the "Special Consideration.") Exhibit "A!, FP -06-018 Champion Park Addition FP.doc PAGE 5 i 0 EfGINEERING 150 East Aikens Street, Suite R Sii'UTIONSLLP W engirseringcommunNesforthe&IR Fable, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym(u_,gwestmet MAY 20% May 1, 2006 ity vflyleridia.i, f%itY Clerk Of ict; Mayor and City Council �1 n City of Meridian 33 East Idaho Meridian, ID 83642 Re: Champion Park Addition �� 1 File No. FP -06-018 Dear Mayor and Council: We have reviewed the staff and agency conditions of approval for the City Council meeting of May 2, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. We respectfully request that the requirement for house orientation be deleted from the conditions. The surveyor of the property and County Engineer do not approve of this method of governing land use. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. C:\Documents and 5ettiugs\gseent,Lacal SettineTempoimy Internet Files 01 K9F\RecsRmpomcCC.doc Exhibit "B" Mayor and City Couticil April 24, 2006 Page 2 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. CUP Required? 15, Noted. 16. No buildings exist on the site. 17. The applicant will comply. 18. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. CADocuments and SettingslgreentxLocal Settings\Temporary Intemet Files10LK9E\RecsResponseCC.doc Exhibit "H" Mayor and City Council April 24, 2006 Page 3 14. Noted. We believe this letter addresses all staff concerns. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Jim Merkle C:\Documents and Settinps greent''\Local SettingsNTempomry Intemet Files\OLK9E\RecsResponseCC.doc I•shihit "B" 0 April 28, 2006 E AZ 05-060 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Ada County Highway District ITEM NO. 19 REQUEST Continued Public Hearing from March 21, 2006 -- Request for Annexation and Zoning of 4.92 acres from RUT to C -G zones for Ada County Highway District Ustick Road Property — 3595 East Ustick 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 / minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 O April 28, 2006 ZOA 05-002 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT Clty of Meridian Planning Department ITEM NO. 20 REQUEST Public Hearing -- Request for ZOA with areas to be amended; collector streets, TNR, adult ent.,decision making, off street parking, family day care, screening and chalnllnk fencing, sign standards, etc. 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: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meddlon. April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. 21 REQUEST Continued Public Hearing from April 4, 2006 - Amendments to the Pawnbroker Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US 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 property of the City of Meridian. Meridian City Council • April 4, 2006 Page 71 of 78 O Bird: I move we approve AZ 06-002, request for annexation for Strada Bellissima -- De Weerd: Bellissima. Bird: I'm not even going to -- Subdivision Outparcel and to include staff and applicant's comments and pass the Findings and Conclusions of Law. Rountree: Second. De Weerd: Thank you. I have a motion to approve now, Item 27. Roll call. Roll -Call: Bird, yea: Rountree, yea: Wardle, absent: Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 28: Public Hearing: Amendments to the Pawnbroker Ordinance: De Weerd: Thank you. Item 28 is a Public Hearing for Pawnbroker Ordinance. Who is giving the introduction to this? Mr. Chief, is that you? Musser: Madam Mayor, Members of the Council, I guess this one falls to me, as, apparently, we had initiated this in conjunction with the Leads Online format that we brought before the Council at the start of the budget year. To make this short, sweet, and simple at this point, I've had a chance to review all the comments that were received in from our licensed pawnbrokers at this time, as well as the city clerk. I do agree that there are a number of revisions that we need to look at and start initiating at this time before we move much further on this. Four of those specifically would include the time of renewal, changing it to the calendar year, as opposed to the time of licensing. That was a request specifically by our clerk's office. Also, number two would be to provide an exemption for transactions of gold and silver bullion and coin, as those seem to be problematic for both of our licensed pawnbrokers at this time, considering that the old ordinance exempted those items out and we put additional times onto those at this point. Also, need to revisit our records section under 3-5-6, specifically subsection at A, C, and D, the written records, retention of records, and transmission of records, I think we need to clarify a little bit of language and work with them as well on that. And, then, number four, in order to help move this along, I was thinking we need to meet with them and come up with a better working method to -- to help them to be able to describe the music CDs, DVDs, videos, and records, that type of material on there so it's not so cumbersome. There seems to be a lot of confusion at this time. I have had a chance to talk with both of them this evening, they seem to be open to that. And at this point I would recommend, if we could, possibly continuing this Public Hearing for at least two weeks, so we could get this done. De Weerd: Thank you, chief. Bird: Madam Mayor? Meridian City Council • April 4, 2006 Page 72 of 78 De Weerd: Yes, Mr. Bird. is Bird: I would agree with everything the chief said. And is there any way, chief, that we'd continue this -- that we could have the ordinance prepared with the legal staff -- yourself and legal staff and the applicants and the clerk, so that we can bring the ordinance revision at that time forward, too? Musser: That's what I'm looking to do, Councilman Bird. I would like to have everything done -- if I need to go over and kidnap counsel and have him over there with us to work on it. I think we can get it done up. I've already spent some time looking at what we could possibly do with some rewording changes to get it in there and I hope I haven't added more to the plate of our counselor at this point, but there are a couple of items that I did find in reference to the comments that came in that were of concern to me, but perhaps Council has some additional comment as well on it. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: Members of the Council, as you know, we are all pretty swamped right now, but fortunately for this issue, our capable Assistant City Attorney Emily Cain has been working on this and we will do what we can to make her available and I think having her meet with you and the interested parties would be a very good idea. I think she's got a good grasp on it and can work with you, but I would advocate for at least three weeks before we bring back a new draft, just to allow the meetings to happen and the drafting and the letting the 25th. De Weerd: And since we don't want anything until May 2nd anyway. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing from the experts, I would move -- De Weerd: Mr. Bird, there are people out here. Baird: They have waited patiently. Bird: Oh, I'm song. De Weerd: They certainly are not here because they enjoy listening to us talk. Rountree: Oh, they didn't? Bird: Aren't they here to -- Meridian City Council • April 4, 2006 Page 73 of 78 De Weerd: I don't think so. It's an assumption. Bird: Sorry. I apologize. • De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony? I see several. Sir. If you will, please, state your name and address for the record. Stewart: Yes. My name is Terry Stewart. I live at 5867 West Columbia in Nampa, Idaho. De Weerd: Thank you. Stewart: My comment -- I agree with what Mr. Musser has said and -- he's taken away several of my comments on the deal. De Weerd: Good job, chief. Stewart: He diffused the situation before it got out. He must be doing his job. The only really thing I have is the time frame on how long it's going to take us to get to be proficient with these computers that he's going to force us to buy and that kind of stuff, because we are not particularly computer literate. The other thing is on CDs and DVDs, I require now that they be in the original cases. I don't take in singles and that kind of thing. I'd like to see some kind of provision in the ordinance that we do that. People in cars have a tendency to put them in folders that type of thing. If they are not in the original cases most people don't take them. Something may be addressed on that fact. Guns. The only thing I have there is that most guns have manufacturers, models, serial numbers and types of guns and the calibers. That's what I required for our logs in our FBI and ATF forms and I think they are wanting us to require a -- the finish of the guns, which, you know, that's just another item that has to be taken care of, but if that's what they require, that's what they require. That's all I have today. De Weerd: Okay. Thank you. Counsel, Mr. Baird, do you have the numbers of the people here so you can make sure Emily contacts them? Detective Taylor, do you have anything you would like to add? I know you're probably here for this item as well. Taylor: I do. My name is Mark Taylor, I'm with the Meridian Police Department. I have kind of headed up the Leads Online program. Madam Mayor, City Council Members. This is an important program from my standpoint. The majority of the crimes that I work are property crimes and this has been a very beneficial program for us to use. To date -- starting to use the program about last July -- we have been able to recover approximately 40,000 dollars worth of stolen merchandise through this program. I have been able to identify suspects and the property that's been pawned and the majority of the pawn shops are in Boise. Currently -- and I understand Mr. Stewart's comment in relation to the guns. Any information available in reference to weapons is Meridian City Council • April 4, 2006 Page 74 of 78 important to us in this program. For example, I was tracking a weapon not too long ago, which was a pistol that was nickel plated. I was able to add that information into the program and specifically look for a nickel plated .357 Magnum. So, that narrowed my search down. In reference to the program from the pawnbroker's standpoint the program is very easy to access, it's very user friendly, and there is one screen that they go to specifically that's called ticket assistance and it's very self-explanatory and they are able to add the information of the person who is pawning the item, which includes their name and date of birth and Social Security number and drivers license ID, all that good stuff. And at the bottom portion of that, then, they are able to put in the description of the item that's being pawned or multiple items. And, then, it's just a click on an icon and it sends that information directly to the company that manages the system. The benefits of this is that we have that information in the system within 24 hours after it's pawned and from my vantage point it's important for us to be able to access that information as soon as we get the report, which is usually two to three days from time that the patrol officer has taken that report, so we can immediately access it. And the other advantage if the item hasn't been pawned at that point, then, I can flag that information by a report number and it will run -- automatically run a daily check on that -- on that item that I'm looking for and it will flag me if it's located an item. So, from my vantage point it's a huge time saving for us and for the victims that are involved in these crimes. It gives us a little better chance of recovering that property for them. In agreement I was able to review the ordinance and there were some changes that I recommended as well and I think that they will be beneficial for the city, as well as the merchants that are involved in this. That's all I have. Do you have any questions? De Weerd: Detective, do I understand that you will be providing training? Taylor: I can. And I will be happy to go to the pawnbrokers and show them how to set up the program. I work closely with the employee at Leads Online, her name is Ashley. I speak with her occasionally and they are very willing to help anytime there is a question. They are very quick in response. And if you do have a question, you'll get a little icon on the server and it will -- it's a contact button and they will respond to that and every time I have ever called I have been able to get help with the program. So, they are very good to work with. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: And don't get my comments misconstrued here. I think -- I see your side of this issue. I am a bit concerned about the other crime that can occur because of this and not knowing what goes on in a pawn situation, because it's been 45 years since I have pawned anything. I observed the process in Boise just to get a sense of what's happening and you have indicated some of the types of information that's required. It's pretty extensive, to and including a fingerprint, thumb print. So, I think there is some Meridian City Council • April 4, 2006 Page 75 of 78 CJ other victims that could fall prey to this process that are unknowing and have really no way of being notified if, in fact, the private provider of this -- somebody gets into their data base and steals my name, my Social Security number, my address, my driver's license number, and my thumb print. And I just caution that this identify theft thing has got a lot of people paranoid and I'm not saying it's because I'm paranoid, but I can see that we've all had it drummed into our heads recently, we don't give our vital statistics out to just anybody and I don't -- I don't know, is there some protection in the system for me as the consumer of a pawnbrokerage? Taylor: Mr. Rountree, your point's well taken and I have covered some of those questions along with Ashley that works for Leads Online. It's a very secure website. It's open to law enforcement only. I'm not going to say that it couldn't be hacked into, as well as our bank account information or anything else. I mean it's a risk that we take. I feel pretty secure with the website. I know that they have taken a lot of provisions to make that a secure site and open only to law enforcement. Passwords are changed on a continual basis. I have to renew my password about once a month and there are times that I forget my password. If that happens there is also an icon I have to click on. They will send that directly to my e-mail and only my e-mail. And there is no phone call. There is no verbalization of that password over the phone. There, again, the electronic age, I'll stand by the program as far as I can in knowing what I know about it and I feel good about it. The thumb print was, actually, one of the items that we requested to be eliminated out of the ordinance, so that we didn't have to go the extra step. That also was a concern with our merchants here in town, so -- Rountree: I guess my general observation is it seemed to me that the process was a significant deterrent to a criminal with any degree of intelligence. Taylor: Right. Rountree: You're going to catch some really stupid people -- Taylor: Oh, yeah. And believe me -- Rountree: Which is probably most of them, but -- Taylor: And, granted, surprisingly enough, I'm working -- I told the chief tonight that I'm watch a particular individual that lives here in town right now and I have watched this gentleman over the past 45 days now pawn 82 items, all construction -related tools, as well as a construction trailer, so -- but I can't catch him -- Rountree: And he's never driven a nail, that's what you're telling us? Taylor: Exactly. Exactly. So, the program has some wonderful uses and tools available to us in law enforcement. And the good part is most bad buys aren't familiar that we have this tool and we don't readily advertise it. So, I think it will be a real benefit to us in the future, so -- Meridian City Council • April 4, 2006 Page 76 of 78 Rountree: Thank you. De Weerd: Thank you. Any other comments? LJ Watson: My name is Paul Watson. I live at 424 West Broadway Avenue here in Meridian. Madam Mayor, City Council. I agree with Mr. Musser that there are things that we got to work out. It's going to take some time. I don't think any of us are trying to be negative. None of us want to condone theft, okay? Everybody has their privacy. Because someone pawns does not mean they are a thief, okay? And we are willing to work with whatever we do. If you have no questions, that's the only comment I have. De Weerd: Okay. Watson: After being here all this time I had to -- De Weerd: Thank you. Rountree: Thanks for you patience. De Weerd: We wanted you to have your day at City Council. Okay. Mr. Berg. Berg: Madam Mayor, I just have a process question. We amended the ordinance to make -- establish the fee by the City Council and I presume it's by a resolution, but we already have a fee in the ordinance. I was just curious if we have to do a Public Hearing for that fee or if we can just establish it with a resolution, because we are just transferring it out of the ordinance onto a fee schedule. Baird: Madam Mayor and Mr. Clerk, has the fee changed? Has the amount changed? Berg: Madam Mayor, we haven't really figured out that we wanted to change the fee. I don't know what the other processes are, which I need to talk to the police department to see if there is more costs involved with -- Baird: Okay. I can tell you what the rule is and if it's a new fee or if it's more than a five percent change, we would have to advertise it for a Public Hearing pursuant to state statute. But if it's just going from one place on our records to another, then, you wouldn't have to do that. Berg: And, Madam Mayor, I guess that was my point. Then we probably need to prepare a resolution to set -- put that on a fee schedule when we do the ordinance? Baird: Sure. Berg: So that we don't drop it and have no fee at all. Meridian City Council • April 4, 2006 Page 77 of 78 Baird: We will make that happen Berg: Okay. Thank you. Musser: Madam Mayor, Members of the Council, two additional points. First off, I do want to comment in reference to thefts and some of the bad things that we usually associate pawnbrokers with. That's not necessarily the case with both of our pawnbrokers that we have here in town. They have been very reputable, very easy to work with, and run good businesses and I have been associated with both of them for quite awhile here in town. So, I do want to go on record with that and provide that information to you. The mere fact is, though, is that we have some other less reputable folks and we don't know what we may have in the future, which forces us to have the ordinance and to continue to work to keep it as efficient as possible through the mechanism that we have. Additionally on the data base that we have, where this is a data base that is collecting vital information, they are bound by federal statute to do immediate reporting to those people if they do lose that data base or have it impacted by somebody that's able to get into it and remove the information on it, similar to a financial transaction data base with any type of bank or a lending institution, that type of thing. Any of those are required to have it. So, that would be the only protection to my knowledge at this point is by federal statute on that, if that helps with that question as well. Rountree: Thanks, Bill. De Weerd: Thank you, chief. motion. Bird: You would? De Weerd: Yes. Okay. Council -- Keith, now I would entertain that Bird: Well, I think I'm going to give them a little more time, because I'm afraid that we -- De Weerd: Even the 2nd is -- Bird: So, I think I would move that we continue the Public Hearing for the amendment of the pawnbroker ordinance to May 2nd, 2006. Rountree: Second. De Weerd: Thank you. It's been moved to continue to May 2nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council • April 4, 2006 Page 78 of 78 0 De Weerd: Council, just a couple items very quickly. We do have a tour with the Ada County Commissioners on Friday, April 7th. We ask you to join them for lunch if you have an interest. Certainly you're welcome to join on the tour. It leaves at 10:00 a.m. from City Hall. We will be sending a mailer out on the south Meridian, north Kuna area informational meeting that is April 12th at 6:00 to 8:00 p.m. at Mary McFearson Elementary School. So, I had e-mailed this out to you guys. Just a heads up. I know that Sharon and Will had gotten information out to you about a letter we got from Harks Comer about our beer and wine license and that was just an FYI to all of you. And that's all I have, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we leave, everybody coming to the prayer breakfast in the morning? Borton: You're getting us on the record. Bird: Huh? Borton: You're getting us on the record. Rountree: No, I'm not. Bird: You're not? I can't believe that. You got to be at the statehouse. I move that we adjourn. Rountree: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD DATE APPROVED ATTESTED: WILLIAM G. BERG JR., CITY CLERK April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT S. Eagle Rd & Victory Rd Properly Owner Alliance ITEM NO. 22 REQUEST Public Hearing — Request to Amend the Future Laned Use Map of the Comprehensive Plan for approximately 50 acres from medium to low density residential to mixed use residential - land at or near ne and se comer of S. Eagle & Victory E CPA 05-001 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Memo MERIDIAN POST OFFICE: OTHER: See a#ached letter from Trevor Roberts Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. 24 REQUEST Ordinance - Adding Title 6, Chapter 2, Section 9 of the Meridian City Code regarding voluntary relinquishment of dogs and the Fee 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 Ordinance Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ©& e r 2�;,P BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE ADDING TITLE 6, CHAPTER 2, SECTION 9 OF THE MERIDIAN CITY CODE REGARDING: VOLUNTARY RELINQUISHMENT OF DOGS AND THE FEE THEREFOR; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, dog owners in the City of Meridian sometimes wish to voluntarily relinquish their dogs, living or dead; WHEREAS, absent an alternative, dog owners wishing to voluntarily relinquish living dogs may choose to allow such dogs to roam at large, thereby creating a health and safety hazard to residents of the City of Meridian; WHEREAS, absent an alternative, dog owners wishing to voluntarily relinquish dead dogs may improperly dispose of such dogs, thereby creating a health and safety hazard to residents of the City of Meridian; WHEREAS, the City of Meridian Animal Control Officer possesses the qualifications and equipment to safely and properly remove and manage voluntarily relinquished dogs, living or dead; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to facilitate the relinquishment of dogs, living or dead, to the City of Meridian Animal Control Officer; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 2, of the Meridian City Code is amended to read as follows: 6-2-9 VOLUNTARY RELINQUISHMENT OF DOGS,• FEE: The Animal Control Officer, at the request of any person shall take possession of any dog, living or dead, owned or under the control of such person The Animal Control Officer may require proof of ownership or control before taking possession of a voluntarily relinquished dog. When a living dog is voluntarily relinquished to the Animal Control Officer, the Animal Control Officer shall determine whether such dog is to be impounded for potential adoption or euthanized based on City policies and/or practices as to, but not limited to the health disposition, behavior, and/or adoptability of the dog Euthamzation of a voluntarily relinquished dog shall be at the sole discretion of the City pursuant to its policies and/or practices When a dead dog is voluntarily relinquished to ANIMAL CONTROL ORDINANCE ADDITION Page 1 of 2 the Animal Control Officer, the Animal Control Officer shall dispose of the dog pursuant to the City's policies and/or practices The fee for removal of a relinquished dog, living or dead, shall be equivalent to the fee for first impoundment established under Code section 6-2-8. Such fee shall be paid at the time such dog is relin uished to the Animal Control Officer. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on C 5-nZ, /5-44 , 2006. PASSED by the City Council of the City of Meridian, Idaho, this Z day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 0^t�_ da of ,�v/ , 2006. y APPROVED: MAYOR ATTEST: ZI CITY CLERK =' 5, y tOYR � 0 ANIMAL CONTROL ORDINANCE ADDITION Page 2 of 2 i NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- 12 2 i PROVIDING FOR AN ADDITION TO MERIDIAN CITY ANIMAL CONTROL ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at the City Clerk's Office, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publ tf6j... ' '8� cir Mayor and City Council f thiCity ofM than By: William G. Berg, Jr., City Clerk = 7 First Reading: a —U 6 Ado p after first - ingfiy suspension of the Rule as allowed pursuant to Idaho Co&, 50, �`` � NO Second Reading: g STATEMENT OF MERIDIAN CITY A1�'mI' 4 °E,Y AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06-__t? 2 9 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06 19t? of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this -� day of 2006. William. L.M. Nary, City Attorney ANIMAL CONTROL ORDINANCE ADDITION - Page 1 of 1 April 28, 2006 MERIDIAN CITY COUNCIL MEETING May 2, 2006 APPLICANT ITEM NO. 25 REQUEST Ordinance - Amending Title 3, Chapter 5 of the Meridian City Code regarding definitions of pawnshop and related terms, pawnshop licensing regulations appeal Tom Denial of License inspection of pawnshop premises, records, etc. 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: r / MERIDIAN SCHOOL DISTRICT: v 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 affached Ordinance Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. (• • CITY OF MERIDIAN ORDINANCE NO. ��W— /,;?- 3 O BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS OF PAWNSHOP AND RELATED TERMS, PAWNSHOP LICENSING REGULATIONS, APPEAL FROM DENIAL OF LICENSE, INSPECTION OF PAWNSHOP PREMISES, RECORDS, PROHIBITED ACTS BY PAWNBROKERS, PROHIBITED ACTS BY PAWNSHOP PATRONS, EXEMPT TRANSACTIONS, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pawnshops are often the unwitting recipients of stolen personal property, which results in loss of revenue to pawnshops, furtherance of criminal activity, and complication of the investigation of personal property theft and return of stolen property to its rightful owner; WHEREAS, the Meridian Police Department desires to work with pawnshop owners to create an online database of property received by pawnshops and thereby enhance the ability of both the Police Department and pawnshop owners to identify stolen property; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate pawnshops within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 5, of the Meridian City Code is amended to read as follows: PAWNBROKER ORDINANCE AMENDMENT Page 1 of 12 I fill" PAWNBROKER ORDINANCE AMENDMENT Page 1 of 12 tA'tef is hereby defined as a "pavvek and shall fie-govemed b t � cccnrta-vr 3-5-1: DEFINITIONS: The terms as used in this Chapter shall have the following meanings: A. AUTO TITLE LOAN: Loan of money secured by a certificate of title and/or keys to a motor vehicle wherein borrower retains possession of the vehicle itself B. CHATTEL MORTGAGE: A transfer of a legal right in personal property as security for payment of money. C. CITY: The City of Meridian, Idaho. D. DEPOSIT: A delivery of goods or property to be held in trust as security for payment of money. Also includes the term bailment. E. MINOR: A person under the ase of eighteen (18). F. MONEY: Includes United States currency, money orders, certified checks traveler's checks, and any other circulating medium of exchange. G. PAWNBROKER: A person who conducts a regulated transaction as that term is defined in this Chapter. A person licensed to conduct such business in the City of Meridian. It shall be prima facie evidence of a pawnbroker business for any person or place of business to advertise for any regulated transaction as defined in this Chapter, regardless of any other name, term or phrase by which the business can be described The doing of any single act, which is a regulated transaction as defined in this Chapter, shall constitute a pawnbroker business within the meaning of this Chapter. H. PAWNSHOP: The location at which a regulated transaction occurs. The location licensed as the business location for a pawnbroker in the City of Meridian. I. PAYDAY LOAN: Loan of money in which borrower writes a post-dated check which lender deposits, cashes, or negotiates on a future agreed-upon date. J. PERSON: Includes any natural person individual film partnership Joint venture association, corporation, trust, or any other group acting as a unit. K. PERSONAL PROPERTY: All property subiect to ownership, except real estate. L. PLEDGE: A promise to deliver goods or property as security for payment of money. M. REGULATED TRANSACTION: A business dealing conducted by a pawnbroker or designee that is regulated by this Chapter. The following transactions constitute the business of a pawnbroker, and any and all such transactions require a valid Meridian City license: 1. Loaning or advancing money to anyj2erson on the deposit of personal property of any kind as security for such loan or advancement when the personal Droperty may be repurchased by the party upon paving a sum of money, 2. Loaning or advancing money upon a chattel mort age on personal property, where the said property is taken into the possession of the lender as security for the advancement or loan upon an assignment or .pledge of future earning 3. Purchasing previously owned or used personal property on the condition that it may be repurchased by the seller within a fixed period of time for a fixed sum of money. For purposes of this Chapter, purchasing shall also include trade PAWNBROKER ORDINANCE AMENDMENT Page 2 of 12 Y.r.T7-W.NTV= 0111,01i ON.: 3-5-32: LICENSE REQUIRED; APPLICATION AND PROCEDURE: A. License Required: It shall be unlawful for any person to engage in the business of a pawnbroker unless a valid license therefor has been issued as herein provided and said license is in full force and effect. B. Application For License: An application for such license shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but not necessarily be limited to the following information: 1. The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name and residence of the operating manager of the business. 2. Whether the applicant has had a similar license revoked by the City or any other City in this State or of the United States or any state of the United States within the past five (5) years. 3. Whether the applicant or any principal or partner has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor. 4. The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanors, other- dwn mine the nature of the offense, ,and the date of conviction. and the punishment or penalty assessed therefore -u C._Upon change of employees, the above information shall be forwarded to the City Clerk ten (10) days after the hiring of a new employee. ED. Investigation Of Applicant Or Employee: Upon receipt of any application for a license, the City Clerk shall cause an investigation to be madeof the appheafft. by the Meridian Police Department to determine whether the applicant meets the qualifications enumerated in this Chapter. A4seruUpon receipt of the name of a new employee, the City Clerk shall cause an investigation to be made of the employee. Such investigation shall be completed within thirty (30) days. t/ 11 or- efffity shall be issued a heseffse to the business, Vl K 1, br-eke. f1+ a •...v ------"-- i 2. is not a bena fide ewaef of vrrvuaness'- 3. Has had a similar- heense Fevoked by this City er- my other- eity of tws State or- e the United States , „A.,' five ( 5) oaaraic y pr-eeediag the ts4e of the filing of the appliesatien; 4. Has been eeffAet of any f-jeny or- has been ' ' whether- felony er- imisdem aner-, involving moral #dTi#a& within &e fi*e (5) y r a , PAWNBROKER ORDINANCE AMENDMENT Page 3 of 12 5. Has Faisr-epr-esented or- made a fa4se er- efA statemefA ofmatefial or- r-Wevafft E. Pawnbroker licensing qualifications: 1. The applicant and the person who will be principally in charge of the business must be eighteen (18) years of age or older. 2. The applicant must not have had a previous business license of any tXpe denied revoked or sus ended by the City or any other state or local agency within the five (5) Years prior to the application date 3. The applicant must not have been convicted of a felony or theft related offense within the five (5)Years prior to the application date 4. The proposed premises for the pawnshop must comply with all applicable laws including zoning and other regulations of the City of Meridianand all City and state fire regulations. &F. Qualifications: An affirmative showing with respect to the qualifications herein specified shall be required to be made with respect to each applicant, and to each partner of a partnership applicant and to each officer, director or member of the governing board of a corporation or association and with regard to each employee. F -.G. License Issuance, Term: Upon completion of the investigation, the City Clerk shall issue, subject to City Council approval, and approval of the Chief of Police, and upon payment of the prescribed license fee, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered. G -.H. Notification Of License Denial; Hearing: The City Clerk shall notify the applicant if his license is disapproved; and the reasons therefore., and shall advise lithe applicant of the appeal procedure. ISI. License Nontransferable: Licenses shall not be transferable, either as to person or place. -:J. Posting Of License: The license issued hereunder shall be posted conspicuously in each place of business named therein. K. The successful applicant for a pawnbroker's license shall be considered a pawnbroker for purposes of the requirements of this Chapter. A violation of the provisions of this Chapter may result in suspension revocation or denial of a pawnbroker license or license renewal. 1. Hearing: Prior to any revocation or suspension the licensee shall be granted the opportunity for a public hearing before the Citv Council which hearing shall be held not later than twee 20) dgys after written notice to the licensee of intent to revoke or suspend Notice of such hearing shall specify the date time and place of hearing and shall state the proposed basis for the suspension or revocation and shall be delivered to the licensee personally or mailed to the licensee at the address set forth in the license application If after such public hearing, the City Council determines that one or more of the grounds for revocation exists it may affirm the license revocation or suspension. PAWNBROKER ORDINANCE AMENDMENT Page 4 of 12 c 9 (• 2. Appeal: The decision of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act, 3-5-3: APPEAL FROM DENIAL OF LICENSE: A. Within five (5) days, excluding weekends and legal holidays of the Cijy Clerk's refusal to issue or renew a license under this Chapter, the license applicant may appeal to the City Council for thepurpose of having the City Council review the action of the City Clerk. B. The appeal by the applicant whose license has been refused must be in writing and shall set forth the reason(s) why such license should not be refused C. The City Council shall hear the appeal within thirty (30) days excluding weekends and legal holidays, after the filing thereof, and shall render its decision within twenty (20) days, excluding weekends and legal holidays after said hearing The decision of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. Y. �. D WIND WN YRPM ul -a ITTISKma 11 llnp PAWNBROKER ORDINANCE AMENDMENT Page 5 of 12 e 3-54: INSPECTION OF PREMISES: Upon request of the Chief of Police or designee the pawnbroker or anyone acting on behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises and all property kept or stored therein Any such inspection shall occur during the pawnshop's regular and usual business hours 3-5-5: PAWNSHOP EMPLOYEES: A. Noj2awnbroker shall emplov a minor to conduct regulated transactions as defined by this Chapter. B. No pawnbroker shall emplov a person to conduct regulated transactions who has had a previous business license of any type denied revoked or suspended by the City or any other state or local agency within the five (5) years prior to employment C. No pawnbroker shall emplov a person who has been convicted of a felony or theft related offense within the five (5) years prior to employment D. The holder of any pawnbroker's license shall be responsible for the coin liance with all the provisions of this Chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license. 3-5-76: SALES: No personal property purchased by a pawnbroker at his place of business shall be sold or removed from such place of business for a period of at least seven (7) days after being so purchased without written consent of the Chief of Police. Excluded from this restriction are transactions in gold and silver bullion or coins. 3-5-87: FORFEITURES: Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan before the property pledged shall become forfeitable. Upon payment by the pledgor of the service charge incurred in connection with the loan for the first thirty (30) days, the pawnbroker shall automatically extend the loan repayment period another thirty (30) days. 3-5-38: HOURS OF OPERATION: PAWNBROKER ORDINANCE AMENDMENT Page 6 of 12 Legal hours for "pawnbrokers", as herein defined, may be between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. each day, unless special permission is obtained from the Chief of Police. �.�jr ■_ �._ 3-5-9: RECORDS: A. All records described in this Chanter shall be electronically entered and stored in addition to paper records B. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a cony of this written record The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number and store number of the pawnshop in which the transaction took place-, 2. The name of the employee conducting the transaction,• 3. Nature and date of the transaction and an identification number for the transaction: 4. Complete description of the property purchased pledged traded or co-signed including, as applicable: brand name make model serial number, color, size and any identifying marks. Additionally A. Jewelry shall be described with, as applicable the tvpe weight color, number and description of stones style size or len&, any engraving and whether it is considered a man's woman's or child'spiece; b. Vehicles shall be described with as a licable the vehicle identification number (VIN) make model and color; c. Firearms shall be described with as applicable the make brand model number, serial number caliber type barrel length finish-, 5. Full name. complete current residential address current phone number, date of birth race sex height weight hair and eye color of the person or persons with whom the transaction is made,• 6. Type, including state or governmental agency of issue and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period and the date on which the loan is due and payable or the repurchase option ex ires C. Production of Records: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records required to be kept pursuant to this Chapter and shall permit the Chief of Police or PAWNBROKER ORDINANCE AMENDMENT Page 7 of 12 3-5-9: RECORDS: A. All records described in this Chanter shall be electronically entered and stored in addition to paper records B. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a cony of this written record The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number and store number of the pawnshop in which the transaction took place-, 2. The name of the employee conducting the transaction,• 3. Nature and date of the transaction and an identification number for the transaction: 4. Complete description of the property purchased pledged traded or co-signed including, as applicable: brand name make model serial number, color, size and any identifying marks. Additionally A. Jewelry shall be described with, as applicable the tvpe weight color, number and description of stones style size or len&, any engraving and whether it is considered a man's woman's or child'spiece; b. Vehicles shall be described with as a licable the vehicle identification number (VIN) make model and color; c. Firearms shall be described with as applicable the make brand model number, serial number caliber type barrel length finish-, 5. Full name. complete current residential address current phone number, date of birth race sex height weight hair and eye color of the person or persons with whom the transaction is made,• 6. Type, including state or governmental agency of issue and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period and the date on which the loan is due and payable or the repurchase option ex ires C. Production of Records: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records required to be kept pursuant to this Chapter and shall permit the Chief of Police or PAWNBROKER ORDINANCE AMENDMENT Page 7 of 12 designee to examine them. Any such inspection shall occur during the pawnshop's resular and usual business hours D. Retention of Records: 1. It shall be the duty of every pawnbroker to maintain in his place of business a permanent record of the complete description of all regulated transactions and of all parties entering into regulated transactions This record shall include all voided and deleted transactions. 2. All records described in this Chapter shall be electronically stored in addition to paper records. 3. All records described in this Chapter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1) near; except that records pertaining to firearms transactions shall be kept for a minimum of twenty (202years pursuant to federal regILlations. E. Transmission of Records: The pawnsho-p's electronic record of a re aced transaction shall be transmitted by noon the next business day to the designated Internet online service approved by the Meridian Police Department in a method and fashion approved by the Chief of Police or desi ee 3-54410: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police or any member of the Police Department shall notify any pawnbroker in writing not to sell any property deposited or purchased by him or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed for a period of sixty (60) days from the date of such notice, but such notice may be renewed by written request for an additional sixty (60) day period or periods. Further, a notice may be terminated at any time in writing by the Chief of Police. 3-54311: STOLEN PROPERTY; RETURN TO TRUE OWNER: A. Return Of Stolen Property: Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency's written request, or, at the direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker for any amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be required to return stolen property to the true owner until: 1. He receives written notice from the law enforcement agency authorizing the release of the property to the true owner and specifying the name, address and social security number of the true owner; 2. The true owner, in person, requests the return of the property, executes a receipt therefor, and presents proper identification showing his name, address, social security number and signature. 3. If a disagreement exists concerning the ownership of property, the item shall be held by the Police Department for thirty (30) days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within thirty (30) days, the item will be returned by the Meridian Police Department to the recorded owner. PAWNBROKER ORDINANCE AMENDMENT Page 8 of 12 t• c0 B. Documentation By Pawnbroker: Upon the return of stolen property to the true owner either by the pawnbroker or law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property, including such documents pertaining to the registration of firearms as may be required by local, State or Federal authorities. Upon return of an item of property to a true owner, said owner shall agree in writing to pursue a course of criminal prosecution which could result in restitution for any victimized party. PAWNBROKER ORDINANCE AMENDMENT Page 9 of 12 U WIN N0 -1-41A N hI nakNo WWWAI Mm - Y- Y. - Y.im PM 10 - WWWWWWRn WIN Emm ' Y. •� PAWNBROKER ORDINANCE AMENDMENT Page 9 of 12 (• 0 3-5-12: PROHIBITED ACTS BY PAWNBROKERS: PAWNBROKER ORDINANCE AMENDMENT Page 10 of 12 41L N 3-5-12: PROHIBITED ACTS BY PAWNBROKERS: PAWNBROKER ORDINANCE AMENDMENT Page 10 of 12 C• (• The following acts by a pawnbroker or any person acting on behalf of the pawnbroker, including the employees and agents of a pawnbroker shall constitute a violation of this Chapter: A. Failure to make a record of any transaction as described in this Chapter. B. Falsifying any official record or entry on an official record required to be kept Pursuant to this Chapter. C. Obliterating, destroying or removing from the place of business any records required to be kept pursuant to this Chapter. D. Refusing to allow the Chief of Police or designee to inspect the business Rrgy2ises, or any books, records oro goods located or required to be located at the lace of business, during regular and usual business hours E. Transmittal of any false record to the police. F. Failure to report the possession of property that may be lost or stolen G. Removal of or allowing removal of roe from the business remises within seven 7) days after the receipt of said property. Excluded from this restriction are transactions in gold and silver bullion or coins H. Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said number has been removed altered or rendered unreadable unless such removal alteration, or rendering unreadable occurred as the result of normal wear and tear. I. Entering into a regulated transaction with a minor or incompetent person J_. Entering into a regulated transaction with a person under the influence of drugs or alcohol. K. Entering into a regulated transaction with a known thief or receiver of stolen property or known associates of suc _ whether the person is acting on their own behalf or as the agent of another. L. Entering into a regulated transaction with a person without re wiring production of jhoto identification issued to that person by a governmental agency. M. Employment of a person not meeting the Qualifications of this Chapter. N. Any other violation of the specific provisions of this Chapter not specifically enumerated above. 3-5-13: PROHIBITED ACTS BY PAWNSHOP PATRONS: A. It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this Chapter. B. It shall be a violation for any person to pledge or sell py property to a pawnbroker or the pawnbroker's employees or agents knowin the property is stolen C. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents knowing the property is leased or let to him or another by any instrument in writing under a contract of purchase which is not yet fulfilled. 3-5-14: EXEMPT TRANSACTIONS: The provisions of this Chapter shall not apply to: A. Auto title loans. PAWNBROKER ORDINANCE AMENDMENT Page 11 of 12 B. Pa day loans. 3-5-15: PENALTY: In addition to other 12enalties specified in this Chapter, anerson violatinganrovision of this Cha ter shall be guil of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars (1300.00) or imprisonment in the county sail for not more than ninety (90) days or by both such fine and imprisonment. 3-5-16: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of com etent urisdiction, then such provision or section shall be considered separately and apart from the remaining rovisions or sections of this Ordinance which shall remain in full force and effect Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on cTl�j �� , 2006. PASSED by the City Council of the City of Meridian, Idaho, this h= - day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this✓ da of 2006. y APPROVED: b\+\41t�1_1ll �IF►!Jl j�d�fj'✓Yj' ATTEST: ' 7� CITY CLERKA� 3 PAWNBROKER ORDINANCE AMENDMENT Page 12 of 12 Ce NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- l2- 3io PROVIDING FOR AN AMENDMENT MERIDIAN CITY PAWNSHOP ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at the City Clerk's Office, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on C%!j l {j \�e2000�sassage and publication. b® 9w Mayor and City Council of aofPI ian By: William G. Berg, Jr., City Clerk e First Reading:e vY LJ _ — ®'� Ndop fter firstr sus Rule as allowed pursuant to Idaho Codc,5 `r��� g 1?3' O pension of the Second Reading: �'ddyy� 11'1gi:� 0.yi® STATEMENT OF MERIDIAN CWAy AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 125v The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06 l Z 3 0 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2006. William. L.M. Nary, City Attorney PAWNBROKER ORDINANCE AMENDMENT SUMMARY Page 1 of 1 • March 31, 2006 MERIDIAN CITY COUNCIL MEETING April 4, 2006 APPLICANT ITEM NO. 28 REQUEST Public Hearing - Amendments to the Pawnbroker Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached Ordinance MERIDIAN POST OFFICE: OTHER: See attached Letter from Meridian Coin & Pawn & Benny's Pawn Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 29, 2006 To: Sharon Smith Deputy City Clerk City of Meridian From: Benny's Pawn, Inc Terry Stewart 451 N. Main Meridian, ID 83642 RE: Proposed Pawnbrokers Ordinance Amendment V14) LIAR Z 9 2006 X91 Y OF MERIDIAN '` 'LC-R11�'r!=7IC'F The following are a few points in the proposed ordinance change that I would like to address: The first of these is the idea that a large amount of stolen property is disposed of in pawnshops. In the last five years our shop has had less than 5 items per year seized by the police department. When you take into consideration the large volume of loans written in this time period, the number of stolen items is very small. As heavily as the pawn industry is regulated, the requirement of showing picture identification, filling out police reports, etc., it makes little sense to bring stolen property into our establishment. Some easier and less risky methods of disposing of stolen property are: selling items at yard sales or flea markets, selling items to individuals through the paper, selling items on job sites and other locations, selling items on Ebay, or selling items to second hand stores that are not required to fill out any reports. The next item that I would like to address is the period of time that we are required to retain precious metal purchases before we can sell them (section 3-5-5). Under the current ordinance, precious metal can be sold immediately after purchase. The volatility of the market makes it detrimental to business to hold on to these items for 20 days. With the way the market fluctuates this could translate into huge losses for our business. At the same time there are coin and precious metal dealers who don't have to retain their purchases for any length of time. For these reasons, we request that this part of the ordinance stay the same so we can be competitive with these other shops. The next point that I would like to address is the keeping of records in section 3-5-6-A-4. In the case of putting movies and music into categories I believe that doing this could be difficult if not impossible. In the quickly changing music market it is difficult to keep up with each artist. In many cases we are ignorant of the artist and which category they could fall into. Making this even more difficult is that music has moved in such a way that it is not always easy to describe which category an artist could be in. We could describe it as being rock, but some one else could call it metal, punk, or some other descriptive term. The same can be said for movies. It is difficult to tell just by looking at them what category they could fall in. For example is a foreign comedy a comedy movie or a foreign movie. The description of movies can be open to interpretation as much as music can be. In the end, I'm not sure that it adds much more information than the artist and the title of the album or the name of the movie. Another concern in this section is the description of firearms. My first concern is that not all firearms have serial numbers. Prior to 1964 gun manufactures were not required by lam to put serial numbers on their guns. The same can be said for model of guns. Not all manufactures put models on the firearms they sell. From time to time we encounter these guns, and under the ordinance it appears that we would not be able to take these guns. The next concern is including the barrel length and finish of firearm in the description. All that is really needed is the make, model, type, caliber, and serial number. This is the only information required in keeping gun logs for the ATF as part of our Federal Firearms License. The barrel length and the finish can be altered but the manufacture and the serial number will always be the same. Also the wording of make and brand in the ordinance is redundant. They are essentially the same things. The next section that I would like to address is under sections 3-5-6-A-7 and 3-5-6-C-2. In the case of storing records via paper and electronic means, this would double the existing workload for our paper work. On top of this, paper records are less susceptible to damage or loss than electronic records. At this current time our shop is not set up to store records electronically. The cost of converting over to the hardware and software that will be required would be enormous. We have checked into converting in the past and the cost has been prohibitive. In addition to this set cost, there is a yearly subscription fee for the software. Who will be paying this cost? In the case of taking pictures or thumbprints of customer, how often do we need to make new records for repeat customers? At this time we have video surveillance of our customers for at least 2 %2 months. Is this sufficient for your records? The next item of concern is concerning stolen property in section 3-5-7-E. Our concern stems from the fact that if the property is returned to owner without some form of legal proceeding, then we have no mechanism to try and recoup our cost. If charges are not pressed against the offending party then we can not ask for restitution for the money that we put out, as part of any sentencing, because the offending party was not prosecuted. We understand that the person is a victim and that they shouldn't have to pay to get their belongings back, but if the item is returned to the victim without the prosecution mechanism, we become the new victim without any opportunity of legal recourse. We have always had a good relationship with the police department and work with them on the rare occasion that we receive stolen property. We are not asking to make money on this, we merely want an opportunity to recoup money that we lost due to someone else's criminal act. The next issue that I would like to address is in section 3 -5 -8 -II. This section pertains to serials numbers that have been altered, removed or made unreadable. What if these numbers have been damaged in the course of everyday use? We are dealing in used merchandise and sometimes that merchandise will have scratches and damage from honest use. Do we deny them a loan even if it appears that the damage has been done unintentionally? The last point that I would like to address is in section 3-5-9-A. It says that it is a violation for a person to provide false information such as address. What if the person's address is not the same as it appears on the driver's license? You can change the address at the DMV, but they don't issue you a new license. In conclusion we are just a business filling a need in this community. We loan money to individuals that need a smaller increment of money than will be loaned to them by banks. The money that we loan to individuals is spent in the community in the form of utility payments, gas, food and other necessity purchases, child support, rent, traffic fines, doctor bills, lawyers, car repair, and many other circumstances that can catch people unaware. We make a conscious effort to keep stolen property out of our establishment and will continue to work with the police in the rare occasion when it does happen. Sincerely, Terry Stewart President Benny's Pawn, Inc. Q� g Pawn Ordinance affecting Meridian Coin & Pawn, 1550 N. Main, Meridian, Idaho 83642 The existing ordinance has been very effective for the last 25 years. Mandating an ordinance with no regard of the financial impact it will have on a small business is very hard to believe. This ordinance requires a system with online services with no means of implementing them, much less who will be paying for them. Has this ordinance in Boise shown to be worth the expense or does it just help the workload for the police department. We have always had a very good working relationship with the police departments (Boise Meridian, Nampa) and will continue to do so. 9 Regarding Sections in the new ordinance: v� Section 3-5-3 C 1'1-Y OF MERIDIAN Inspection of Premises — This is wide open as to why this is required, unless ti s fore` c r investigation Section 3-5-5 The previous ordinance allowed for the exclusion on purchase transactions of Gold and Silver bullion or coins. I would request this be the same because of market fluctuation (pricing). Old Money Company and Gold Express who buy and sell bullion and coins have no hold requirements. I need to be competitive in this market as it is also part of this business. Section 3-5-6 #4 — It is very hard to breakdown DVD's/CD'sNHS tapes by artist and title. Firearms — BATF only requires, type, make, model, serial number and caliber. #7 — To bad we have to criminalize our honest and senior customers with a thumbprint. When a pawn or purchase is written for any item, a picture ID is required and that number is written on the reports. #C 1,2,3,D Are the electronics and internet service and programs going to be provided to implement these requirements? What will the financial load be on the business with this ordinance? Section 3-5-7 D — In the cases when there are no criminal charges pressed, this is usually between family members, will the property be returned to us? Section 3-5-10 I respectfully request that transactions in gold and silver bullion or coins be exempted, as they have always been. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS OF PAWNSHOP AND RELATED TERMS, PAWNSHOP LICENSING REGULATIONS, INSPECTION OF PAWNSHOP PREMISES, PAWNSHOP EMPLOYEE QUALIFICATIONS, PROHIBITED TRANSACTIONS, PROPERTY RETENTION AND RESTRICTION ON SUBSEQUENT SALES, RECORDS, STOLEN PROPERTY, PROHIBITED ACTS BY PAWNBROKERS, PROHIBITED ACTS BY PAWNSHOP PATRONS, EXEMPT TRANSACTIONS, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pawnshops are often the unwitting recipients of stolen personal property, which results in loss of revenue to pawnshops, furtherance of criminal activity, and complication of the investigation of personal property theft and return of stolen property to its rightful owner; WHEREAS, the Meridian Police Department desires to work with pawnshop owners to create a database of property received by pawnshops and thereby enhance the ability of both the Police Department and pawnshop owners to identify stolen property; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate pawnshops within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 5, of the Meridian City Code is amended to read as follows: PAWNBROKER ORDINANCE AMENDMENT - Page 1 of 14 P" PRO MTN PAWNBROKER ORDINANCE AMENDMENT - Page 1 of 14 Y. .. .rlilm Y. I_ I. pr-vpp REP i PAWNBROKER ORDINANCE AMENDMENT - Page 2 of 14 Y. FW.TV".k Fin ■ Y. PAWNBROKER ORDINANCE AMENDMENT - Page 3 of 14 0 • ■ • u • &I U rib PIVIA• , 3 F!" arm FAWATAV lwaul Oki • I Pima • • • N ■ • . • . i _ , Y PAWNBROKER ORDINANCE AMENDMENT - Page 4 of 14 i 0 KIII v . I m F61,111010 . . . 9-m19 . . . . I .., Ml - lerm-Ts. -mwY. Y. _� - \ •� MAN- _ _ - -KIWI 2.21 MMN Rem PAWNBROKER ORDINANCE AMENDMENT - Page 5 of 14 • 0 PAWNBROKER ORDINANCE AMENDMENT - Page 6 of 14 me — _tru-9\ PAWNBROKER ORDINANCE AMENDMENT - Page 6 of 14 0 0 3-5-1: DEFINITIONS: The terms as used in this Chanter shall have the following meanings: A. AUTO TITLE LOAN: Loan of money secured by a certificate of title and/or keys to a motor vehicle wherein borrower retains possession of the vehicle itself B. CHATTEL MORTGAGE: A transfer of a legal right in personal property as security for payment of money. C. CITY: The City of Meridian. -Idaho D. DEPOSIT: A delivery of goods or property to be held in trust as security for a ent of money. Also includes the term bailment. E. MINOR: A person under the age of eighteen (18) F. MONEY: Includes United States currency money orders certified checks traveler's checks and another circul ing medium of exchange. G. PAWNBROKER: A person who conducts a regulated transaction as that term is defined in this Chapter. A person licensed to conduct such business in the City of Meridian. It shall be puma facie evidence of a pawnbroker business for any person or place of business to advertise for any regulated transaction as defined in this Chapter, regardless of any other name term or phrase by which the business can be described The doing of any single act which is a regulated transaction as defined in this Chapter shall constitute a pawnbroker business within the meaning of this Chapter. H. PAWNSHOP: The location at which a regulated transaction occurs The location licensed as the business location for a pawnbroker in the Cily of Meridian. I. PAYDAY LOAN: Loan of money in which borrower writes a post dated check which lender deposits cashes or negotiates on a future a eed upon date J. PERSON: Includes any natural person individual firm partnership joint venture association, corporation trust or any other noup acting as a unit K. PERSONAL PROPERTY: All property subiect to ownership except real estate L. PLEDGE: A Promise to deliver goods or DrOlDerty as security for payment of money. M. REGULATED TRANSACTION: A business dealing conducted by a pawnbroker or desi ee that is regulated by this Chapter. The following transactions constitute PAWNBROKER ORDINANCE AMENDMENT - Page 7 of 14 the business of a pawnbroker, and any and all such transactions require a valid Meridian City license: 1. Loaning or advancing money to any person on the deposit of personal property of any kind as security for such loan or advancement when the personal property may be repurchased by the party upon paying a sum of money 2. Loaning or advancing money upon a chattel mortgage on personal property, where the said property is taken into the possession of the lender as security for the advancement or loan upon an assignment or pledge of future earnings 3. Purchasing previously owned or used personal property on the condition that it may be repurchased by the seller within a fixed period of time for a fixed sum of money. For purposes of this Chapter, purchasing shall also include trade 3-5-2: LICENSING REGULATIONS• A. All persons engaged in the business of a pawnbroker shall maintain a valid Meridian City pawnbroker license B. Pawnbroker licensing qualifications: 1. The applicant and the person who will be principally in charge of the business must be eighteen 18 ears of age or older. 2. The applicant must not have had a previous business license of any type denied revoked, or suspended by the City or any other state or local agency within the five 5 ears prior to the a lication date. 3. The applicant must not have been convicted of a felony or theft related offense within the five (5) years prior to the apolication date 4. The proposed premises for the pawnshop must comply with all applicable laws including zoning and other regulations of the Cily of Meridianand all Cily and state fire regulations. C. _Pawnbroker license application procedure: 1. An application to conduct pawnbroker business shall be made to the Cily Clerk in the form and manner as prescribed by that office 2. An applicant who did not have a previous Meridian Citypawnbroker license within the year immediately preceding the current application shall be required to submit his or her fingerprints obtained through an approved agency with the completed application 3. Upon receipt of an application for a pawnbroker license the City Clerk shall cause an investigation to be made by the Meridian Police Department to determine whether the applicant meets the qualifications enumerated in this Chapter. 4. Provided that the applicant and the premises are in compliance with all other applicable laws, the City Clerk shall tender the pawnbroker license upon receipt of 1. the applicant's fingerprints and 2. the Meridian Police Department's certification of the applicant's qualification for a pawnbroker license and 3. the applicant's payment of the annual non-refundable licensing fee in an amount established by the Meridian City Council and listed on the most current City Clerk License Fee Schedule. PAWNBROKER ORDINANCE AMENDMENT - Page 8 of 14 • 0 D. The pawnbroker's license shall expire at the end -4"--- -ear from the date of its issuance, unless sooner revoked suspended or relinquished E. Licenses shall not be transferable either as to person or place F. The successful amlicant for a pawnbroker's license shall be considered a pawnbroker for purposes of the requirements of this Chapter. G. A violation of the provisions of this Chapter may result in suspension, revocation, or denial of a pawnbroker license H. It shall be the du of evoy person to whom a pawnbroker license is issued to prominently display such license in a conspicuous manner at all times on the premises to which the license relates 3-5-3: INSPECTION OF PREMISES: Upon request of the Chief of Police or designee the pawnbroker or anyone acting on behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises and all Drovertv kept or stored thereinAny such inspection shall occur during the pawnshop's regular and usual business hours 3-5-4: PAWNSHOP EMPLOYEES: A. No pawnbroker shall employ a minor to conduct regulated transactions as defined by this Chapter. B. No pawnbroker shall employ a person to conduct regulated transactions who has had a previous business license of any tvve denied revoked or suspended by the Cit�or any other state or local agency within the five5 ears rior to employment. C. No pawnbroker shall employ a person who has been convicted of a felony or theft related offense within the five (5) years prior to employment. D. The holder of any pawnbroker's license shall be responsible for the compliance with all the provisions of this Chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license 3-5-5: PROPERTY RETENTION/RESTRICTION ON SUBSEOUENT SALES: Property received by the pawnshop through a regulated transaction must be retained by the pawnbroker, free of my subs2guent sales agreement, for 30 days, except purchase transactions in which property must be retained for twenty (20) days 3-5-6: RECORDS: A. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written record The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number and store number of the pawnshop in which the transaction took place; 2. the name of the employee conducting the transaction-, 3. Nature and date of the transaction and an identification number for the transaction: PAWNBROKER ORDINANCE AMENDMENT - Page 9 of 14 0 M 4. Complete description of the property purchased pledged traded or co-signed including, as applicable: brand name make model serial number and owner a hed number or other identifying marks Jewelry shall be described with the e, weight, color, number and description of stones style size or length.__any engraving, and whether it is considered a man's woman's or child's piece CDs DVDs, videos, tapes records etc shall be described with any owner identification marks and the category of movie or music to which it belongs The title and artist should also be documented if practicable. Vehicles shall be described with the VIN make model and color. Firearms shall be described with the make, brand, model number, serial number caliber, type barrel length finish; 5. Full name, complete current residential address current phone number, date of birth race sex heiaht. wei2ht. hair and eye color of the person or persons with whom the transaction is made,• 6. Type, including state or governmental agency of issue and identifying number of the personal photo identification used by the person with whom the transaction is made: 7. A digitalized photo or thumbprint of the person with whom the transaction is made: 8. The term of the loan or repurchase period and the date on which the loan is due and payable or the repurchase option expires B. Production of Records: Upon request of the Chief of Police or designee the awnbroker or anyone acting on behalf of the pawnbroker shall produce any records Leguired to be kept pursuant to this Chapter and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur -during the awnsho 's regular and usual business hours C. Retention of Records: 1. It shall be the duty of every pawnbroker to maintain in his place of business a permanent record of the complete description of all replated. transactions and of all parties entering into regulated transactions This record shall include all voided and deleted transactions. 2. All records described in this Chapter shall be electronically stored in addition to paper records 3. All records described in this Chapter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1 ) year; except that records pertaining to firearms transactions shall be kept for a minimum of twenty (20) years pursuant to federal regulations D. Transmission of Records: The pawnshop's electronic record of a regulated transaction shall be transmitted by noon the next business dgy to the Meridian Police Department or the designated Internet online service approved by the Meridian Police Department. in a method and fashion approved by the Chief of Police or designee 3-5-7: STOLEN PROPERTY: A. Upon verbal notification from the Chief of Police or designee that the pawnshop or pawnbroker has received allegedly stolen or lost property the pawnbroker shall not sell or permit to be redeemed the property in question for a period of ten (10) working days, pending written notification of the property status If written notification of the PAWNBROKER ORDINANCE AMENDMENT - Page 10 of 14 0 same is received within the ten (10) day period or if written notification is received in lieu of a verbal notification the property shall be held separate from other property, safe from alteration or dama a and with a clearIV identifiable markin as to the hold status. It shall remain in this condition without being sold or redeemed for a eriod of forty-five (45) days from the date of written notification The pawnbroker shall notify the police of the impending release date no later than ten Q0 days prior to the expiration of the hold period toain anDroval to release the hold. At such time the police may renew this hold for an additional forty-five (45) day period by responding in writing with such request The police may cancel this hold at any time by issuing written notification to the pawnbroker. The pawnbroker shall not sell or allow to be redeemed any property held in this fashion without notification by the police that the property may be released B. It is the responsibility of a pawnbroker to notify the Meridian Police Department whenever the pawnbroker has reason to believe he or she or the pawnshop are in receipt of propertv that may have been lost or stolen. This notification shall include the written records pertaining to the regulated transaction which resulted in the receipt of said property. The property shall not be sold or allowed to be redeemed until the 1olice have notified the pawnshop that the property may be released C. The police shall provide written notification to pawnshops when property can be released which is being held pursuant to these provisions This notification shall be made as soon as practical after a finding that the held property is not stolen or lost or other circumstances exist that lead police to allow the release D. AU prUerty determined to be stolen or lost shall be transferred to the custody of the Meridian Police Department upon reauest The police shall retain custody of the property pending a iudicial determination of the rightful owner. This may include a criminal conviction for the theft of the property in which the rightful owner has taken part in the prosecution of the crime E. The rightful owner of stolen or lost property shall not be liable to the pawnshop for gny amounts expended with respects to the stolen or lost property F. A pawnbroker shall not be responsible for returning stolen or lost property directly to a rightful owner. 3-5-8: PROHIBITED ACTS BY PAWNBROKER: The following acts by a pawnbroker or any person acting on behalf of the pawnbroker including the employees and agents of a pawnbroker, shall constitute -a violation of this Chapter. A. Failure to make a record of any transaction as described in this Chapter. B. Falsifying any official record or entry on an official record required to be kept Pursuant to this Chapter. C. Obliterating, destroying or removing from the place of business any records required to be kept pursuant to this Chapter. D. Refusing to allow the Chief of Police or designee to inspect the business premises or any books, records or other goods located or required to be located at the place of business, during regular and usual business hours E. Transmittal of any false record to the police F. Failure to report the possession of property that may be lost or stolen. PAWNBROKER ORDINANCE AMENDMENT - Page 11 of 14 • G. Removal of or allowing removal of property from the business premises within thirty (30) days after the receipt of said property or twenty (20) da sy if the property was obtained through a purchase unless redeemed by the rightful owner. H. Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said number has been removed altered or rendered unreadable. I. Entering into a regulated transaction with a minor or incompetent person J. Entering into a regulated transaction with a person under the influence of drugs or alcohol. K. Entering into a regulated transaction with a known thief or receiver of stolen property, or known associates of such whether the person is acting on their own behalf or as the agent of another. L. Entering into a regulated transaction with a person without requiring production of photo identification issued to that person by a governmental agency. M. E=Iovment of a person not meeting the qualifications of this Chapter. N. Any other violation of the specific provisions of this Chapter not specifically enumerated above. 3-5-9: PROHIBITED ACTS BY PAWNSHOP PATRONS: A. It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this Chapter. B. It shall be a violation for any person to pledge or sell My propga to a pawnbroker or the pawnbroker's employees or agents knowing the property is stolen. C. It shall be a violation for My person to pledge or sell anyrp operty to a pawnbroker or the pawnbroker's employees or agents knowing the property is leased or let to him or another by any instrument in writing under a contract of purchase which is not vet fulfilled 3-5-10: EXEMPT TRANSACTIONS The provisions of this Chapter shall not apply to: A. Auto title loans. B. Payday loans. 3-5-11: PENALTY: AU person violating any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in the co= jail for not more than pine& (90) dys or by both such fine and imprisonment 3-5-12: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a courtof competent jurisdiction then such provision or section shall be considered separately and mart from the remaining provisions or sections of this Ordinance which shall remain in full force and effect. PAWNBROKER ORDINANCE AMENDMENT - Page 12 of 14 Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on 2006. PASSED by the City Council of the City of Meridian, Idaho, this day of .2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of .2006. APPROVED: MAYOR ATTEST: CITY CLERK PAWNBROKER ORDINANCE AMENDMENT - Page 13 of 14 0 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06 - PROVIDING FOR AN AMENDMENT MERIDIAN CITY PAWNSHOP ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of March, 2006. William. L.M. Nary City Attorney PAWNBROKER ORDINANCE AMENDMENT - Page 14 of 14 DATE PROJECT NUMBER PROJECT NAME CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET it 41 2006 ITEM # 28 Amendments to Pawnbroker Ordinance I NAME (PLEASE PRINT) I FOR I AGAINST I NEUTRAL I RECEIVED APP - 4 2006 gq dMeridiem r MEMORANDUMCITY 1j IDAHO MIS CITY CITY CLERK'S OFFICE TO: Mayor and City Council CC. Bill Musser, Bill Nary, Tara Green, Sharon Smith FROM. William G. Berg, Jr. ".AO DATE: Friday, March 31, 2006 RE: Amendments to Pawnbrokers Ordinance After reviewing the proposed changes /amendments to the pawnbrokers ordinance, I would like the term of the license to remain as it was described in the current section 3-5-3-F "... license which shall expire at the end of the calendar year" not using the proposed amendment of section 3-5-2-D "... license shall expire at the end of one year from the date of its issuance" Anniversary dates are sometimes very difficult to remember whereas the calendar year has not been a problem in the past. I do have a concern with the effective date of the ordinance if it will be just the compliance of the operation and not re -licensing of the applicants. If you have any questions, please contact me. Thanks. 33 East Idaho Avenue, Meridian, ID 83642 888-4433 fax 888-4218 s 9 - April 28, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT May 2, 2006 ITEM NO. 26 REQUEST Executive Session per Idaho State Code 67-2345(1)0 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 meefings shall become property of the City of Meridian.