Loading...
HomeMy WebLinkAbout2006-06-060 0 REVISED 06-05-06 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 6, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle A Joe Borton Charlie Rountree Keith Bird u/?n IYe.A�l K Mayor Tammy de Weerd (? 9" 53P0"., 2. Pledge of Allegiance: p r. "1 0_,�c /;t ytiG 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 2/2r"V­f_ 5. Consent Agenda: 07) V,4, A. Approve Minutes of May 9, 2006 City Council Regular Meeting: aha/r®VIL, B. Approve Minutes of May 16, 2006 City Council Regular Meeting: C. Approve Minutes of May 23, 2006 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: An�vNe-__ E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C -C zones for Hightower Meridian City Council Meeting Agenda — June 6, 2006 Page 1 of 6 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. • • REVISED 06-05-06 Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: F. Findings of Fact and Conclusions of Law and Order for Approval: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: G. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-004 Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: aYp-rv,-<, H. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-009 Request for a Variance to allow for a patio structure in the required rear yard for 5278 N. Cougar Flat Place by Dana & Rhonda Patterson — 5278 N. Cougar Flat Place: I. Findings of Fact and Conclusions of Law for Approval: VAR 06-010 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- 3E -4C1 for TNT Tents by TNT Fireworks — 1601 S. Meridian Road, 1600 Main Street, 1850 E. Fairview Avenue and 4051 E. Fairview Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: .c��r►�ov-�- K. Findings of Fact and Conclusions of Law for Approval: PP 06- 012 Request for Preliminary Plat approval of 47 single family residential lots and 11 common lots on 18.84 acres in a proposed R-4 zone for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: Meridian City Council Meeting Agenda — June 6, 2006 Page 2 of 6 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 0 REVISED 06-05-06 M. Findings of Fact and Conclusions of Law for Approval: PP 06- 004 Request for Preliminary Plat approval of 126 residential lots (22 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common lots on 55.83 acres in a proposed R-4, TN -C and C -C zones for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: N. Findings of Fact and Conclusions of Law for Approval: AZ 06- 010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: O. Findings of Fact and Conclusions of Law for Approval: PP 06- 008 Request for Preliminary Plat approval of 28 building lots and 3 common lots on 11.50 acres in a proposed R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: .,.� P. Development Agreement: AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC — 2445 North Wingate Lane: 41177v"14— Q. Consent for Representation Dealing with Conflict of Interest for Impact Fee Committee with Spink, Butler, LLP: R. Water Main Easement Agreement for Meridian High School Tech Building by Meridian School District: S. Agreement for Connection to Sewer / Water Services outside City Limits for LDS Church at 5555 North Locust Grove by Eagle FM Group: T. Contract for Rip Rap Installation on Five Mile Creek at Ten Mile Road by Star Construction: �� �► eos•► Hair 4o r�cr �� 1�•� U. Givens Purslev (Frank Lee) Retention and Conflict Waiver Agreement for City Hall Contracts: V. Agreement for Professional Services with Emily Peeso for Reconnaissance Survey of the City of Meridian with the Meridian Historic Preservation Commission: W. Contract for Timing for Barn Sour Run with Spondoro.com, Inc. 07,.,,,,,,,, - Meridian City Council Meeting Agenda — June 6, 2006 Page 3 of 6 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. i • REVISED 06-05-06 X. Approve Beer and Wine License Applications for Tom Atkins for 43 North at 114 E. Idaho Avenue: ww�v -, 6. Update of the Property Tax Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: �arp.r4%,&4 7. Department Reports: A. Mayor's Office: d �lo-Db 1. Paint The Town Proclamation: `tali:&. ,Q4 2. Mayor's Youth Advisory Council report: P"I*^4t l 3. Impact Fee Committee Appointments: a 77v'9 ""� B. Parks Department -Doug Strong 1. Update on Bids for the Meridian Youth Baseball Project: 1�fac, ®� 6.96 y, ®�, 4.-- fa C. Public Works Department - Len Grady -,4����""'' 1. Water Master Plan Update: /W/WW!'a'''- j,'fSV&./i~- r Ira?- 2. or2. Sewer Master Plan Update: D. Planning Department 1. Letter to Board of Commissioners Regarding North Meridian Area of Impact: jam. E. Legal Department 1. Update on Architect and Construction Management Contracts for New City Hall Building: 8. Items Moved from Consent Agenda: A, -VA -j 9. FP 06-022 Request for Final Plat approval for 22 single-family attached residential building lots, 2 single-family detached residential building lots and 3 common lots on 5.87 acres in an R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 N. Meridian Road: Meridian City Council Meeting Agenda — June 6, 2006 Page 4 of 6 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 9 REVISED 06-05-06 10. FP 06-024 Request for Final Plat approval of 25 four-plex lots, 11 garage lots, and 5 other lots on 8.02 acres in an R-15 zone for Sommersbv Subdivision No. 2 by Liberty Partners, Inc. — Northeast Comer of West Pine Avenue and North Ten Mile Road: 47/lyvvc. 11. Continued Public Hearing from April 18, 2006: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keeao Sprinas Subdivision by Todd Campbell — 5910 North Black Cat Road: A/, -"-it 12. Continued Public Hearing from April 18, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keeao Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 1vr,e,194u _�c/�j- .� G/,,e 13. Continued Public Hearing from May 23, 2006: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline by Northwest Pipeline Corporation — 1301 Locust Grove Road: � j,,,,e, -jc/.A ! e/ -C A,,-. arp vwvA e, 14. Continued Public Hearing from May 23, 2006: VAR 06-011 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11 -3E -4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat City Fireworks by Richard Handke — 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest comer of Ten Mile Road and W. Franklin Road: �� �l� j cl..e Cq,- anamv&z 15. Continued Public Hearing from May 2, 2006: 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: " 1''`Lp ``_c a r o6e_ - 16. Public Hearing: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C26 Developments, LLC — 675 and 715 Wells Street: 17. Public Hearing: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: Iv,.,Gyo A—en cl-e A-)- 18. -) 18. Public Hearing: CUP 06-012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: h,,cr a. -.e- ,(lf 4 %e baa- 64",-44 Meridian City Council Meeting Agenda — June 6, 2006 Page 5 of 6 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 REVISED 06-05-06 19. Public Hearing: VAC 06-007 Request for a Vacation of a Rortion of the ACHD drainage pond to exchange right-of-way for SW 5 Avenue for Waltman Court Subdivision (Track Utility) by Buffalo Hump, LLC - NW comer of SW 5 Avenue and W. Corporate Drive: ►r® - zifd`L , 20. Public Hearing: AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC - north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: 21. Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.11 requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company -1601 South Meridian Road: 1;,reRo,..- c7e f -o,- a7j-)Yov--,& 22. Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision by Landmark Development - southeast comer of Ustick Road and Eagle Road: ,/A, ¢b `- 27-06 23. Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development - southeast comer of Ustick Road and Eagle Road: C,rw¢r e►�w /� /!� 6 - 2%> &-6 24. Ordinance No. AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC - northwest comer of North Ten Mile Road and West Pine Avenue: 470F+ V~ 25. Ordinance No. 06 231 AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC - 2445 North Wingate Lane: 26. Ordinance No. ®6 - /2 3S AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast comer of Ten Mile Road and Chinden Boulevard: 27. Ordinance No. &* 6 —12-319 AZ 06-011 Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: �- 28. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct 4L deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — June 6, 2006 Page 6 of 6 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. I mse 0st �C (- i 001 C_ N()h C C_ - a BSS' CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 6, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 9, 2006 City Council Regular Meeting: B. Approve Minutes of May 16, 2006 City Council Regular Meeting: C. Approve Minutes of May 23, 2006 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C -C zones for Hightower Meridian City Council Meeting Agenda — June 6, 2006 Page 1 of 6 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. Subdivision by Hightower, LLC — southwest corner of Chinden Boulevard and Jericho Road: F. Findings of Fact and Conclusions of Law and Order for Approval: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: G. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-004 Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: H. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-009 Request for a Variance to allow for a patio structure in the required rear yard for 5278 N. Cougar Flat Place by Dana & Rhonda Patterson — 5278 N. Cougar Flat Place: I. Findings of Fact and Conclusions of Law for Approval: VAR 06-010 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- 3E -4C1 for TNT Tents by TNT Fireworks — 1601 S. Meridian Road, 1600 Main Street, 1850 E. Fairview Avenue and 4051 E. Fairview Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: K. Findings of Fact and Conclusions of Law for Approval: PP 06- 012 Request for Preliminary Plat approval of 47 single family residential lots and 11 common lots on 18.84 acres in a proposed R-4 zone for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest corner of Chinden Boulevard and Linder Road: Meridian City Council Meeting Agenda — June 6, 2006 Page 2 of 6 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. M. Findings of Fact and Conclusions of Law for Approval: PP 06- 004 Request for Preliminary Plat approval of 126 residential lots (22 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common lots on 55.83 acres in a proposed R-4, TN -C and C -C zones for Knight Skv Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: N. Findings of Fact and Conclusions of Law for Approval: AZ 06- 010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: O. Findings of Fact and Conclusions of Law for Approval: PP 06- 008 Request for Preliminary Plat approval of 28 building lots and 3 common lots on 11.50 acres in a proposed R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: P. Development Agreement: AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC — 2445 North Wingate Lane: Q. Consent for Representation Dealing with Conflict of Interest for Impact Fee Committee with Spink, Butler, LLP: R. Water Main Easement Agreement for Meridian High School Tech Building by Meridian School District: S. Agreement for Connection to Sewer / Water Services outside City Limits for LDS Church at 5555 North Locust Grove by Eagle FM Group: T. Contract for Rip Rap Installation on Five Mile Creek at Ten Mile Road by Star Construction: U. Givens Pursley (Frank Lee) Retention and Conflict Waiver Agreement for City Hall Contracts: V. Agreement for Professional Services with Emily Peeso for Reconnaissance Survev of the City of Meridian with the Meridian Historic Preservation Commission: W. Contract for Timina for Barn Sour Run with Spondoro.com. Inc. Meridian City Council Meeting Agenda — June 6, 2006 Page 3 of 6 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. U • 6. Update of the Property Tax Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: 7. Department Reports: A. Mayor's Office: 1. Paint The Town Proclamation: 2. Mayor's Youth Advisory Council report: 3. Impact Fee Committee Appointments: B. Parks Department — Doug Strong 1. Update on Bids for the Meridian Youth Baseball Project: C. Public Works Department — Len Grady 1. Water Master Plan Update: 2. Sewer Master Plan Update: D. Planning Department 1. Letter to Board of Commissioners Regarding North Meridian Area of Impact: E. Legal Department 1. Update on Architect and Construction Management Contracts for New City Hall Building: 8. Items Moved from Consent Agenda: 9. FP 06-022 Request for Final Plat approval for 22 single-family attached residential building lots, 2 single-family detached residential building lots and 3 common lots on 5.87 acres in an R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC — 2640 N. Meridian Road: 10. FP 06-024 Request for Final Plat approval of 25 four-plex lots, 11 garage lots, and 5 other lots on 8.02 acres in an R-15 zone for Sommersby Subdivision No. 2 by Liberty Partners, Inc. — Northeast Comer of West Pine Avenue and North Ten Mile Road: Meridian City Council Meeting Agenda — June 6, 2006 Page 4 of 6 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. 11. Continued Public Hearing from April 18, 2006: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 12. Continued Public Hearing from April 18, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 13. Continued Public Hearing from May 23, 2006: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline by Northwest Pipeline Corporation — 1301 Locust Grove Road: 14. Continued Public Hearing from May 23, 2006: VAR 06-011 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11 -3E -4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat City Fireworks by Richard Handke — 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest comer of Ten Mile Road and W. Franklin Road: 15. Continued Public Hearing from May 2, 2006: 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: 16. Public Hearing: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C2B Developments, LLC — 675 and 715 Wells Street: 17. Public Hearing: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC — 675 and 715 Wells Street: 18. Public Hearing: CUP 06-012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC — 675 and 715 Wells Street: 19. Public Hearing: VAC 06-007 Request for a Vacation of a Rortion of the ACHD drainage pond to exchange right-of-way for SW 5 Avenue for Waltman Court Subdivision (Track Utility) by Buffalo Hump, LLC — NW comer of SW 5 Avenue and W. Corporate Drive: Meridian City Council Meeting Agenda — June 6, 2006 Page 5 of 6 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. 20. Public Hearing: AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC — north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: 21. Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company —1601 South Meridian Road: 22. Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision by Landmark Development — southeast comer of Ustick Road and Eagle Road: 23. Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: 24. Ordinance No. AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC — northwest corner of North Ten Mile Road and West Pine Avenue: 25. Ordinance No. AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC — 2445 North Wingate Lane: 26. Ordinance No. AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast comer of Ten Mile Road and Chinden Boulevard: 27. Ordinance No. AZ 06-011 Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision by Pacific Landmark Development — 5603 North Locust Grove Road: 28. 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): Meridian City Council Meeting Agenda — June 6, 2006 Page 6 of 6 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. NoK TX ORMATION REPORT »ok AS OF JUN 02 '06 PAGE. 01 CITY OF MERIDIAN pII'(W IVQSt to(- (- 1'MIG I` UI t LL— - I nLLI t_w, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 6, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Charlie Rountree 2. Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 9, 2006 City Council Regular Meeting: B. Approve Minutes of May 16, 2006 City Council Regular Meeting: C. Approve Minutes of May 23, 2006 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial tots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C -C zones for Hiohtower Meridian City Council Meeting Agenda =June 6, 2006 Page 1 of 6 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 ClerWS Office at 8884433 at least 48 hours prior to the public meeting, DATE TIME TO/FROM MODE MIN/SEC PGS CMDit STATUS 07 06/02 1709 3810160 EC—S 03'Z?" 006 108 OK 08 06/02 17:13 PUBLIC WORKS EC --S 01'57" 006 108 OK 09 06/02 17:15 8848723 EC—S 01'57" 006 108 OK 10 06/02 17:18 WATER DEPT EC—S 01'57" 006 108 OK 11 06/02 17:20 2088840744 EC—S 02'01" 006 108 OK 12 06/02 17:23 POLICE DEPT EC—S 01'57" 006 108 OK 13 06/02 17:25 8985501 EC—S 01'56" 006 108 OK 14 06/02 17:27 LIBRARY EC—S 01'57" 006 108 OK 15 06/02 17:30 2083776449 EC—S 01'56" 006 108 OK 16 06/02 17:32 3886924 EC --S 01'57" 006 108 OK 17 06/02 17:35 P—AND—Z EC—S 01'57" 006 108 OK 18 06/02 17:37 FIRE DEPT EC—S 01'56" 006 108 OK 19 06/02 17:40 208 888 2682 EC—S 01'58" 006 108 OK 20 06/02 17:42 208 387 6393 EC—S 01'56" 006 108 OK 21 06/02 17:45 ADA CTY DEUEL11T EC—S 01'57" 006 108 OK 22 06/02 1?:47 2eBB885052 EC—S 01'58" 006 108 OK 23 06/02 17:50 LAKEUIEW GOLFCOU 133—S 03'56" 006 108 OK 24 06/02 17:55 IDAHO ATHLETIC C EC --S 01'57" 006 108 OK 25 06/02 17:57 ID PRESS TRIBU E EC—S 01'58" 006 108 OK 26 06/02 18:00 2OBBBB6701 EC—S 01'56" 006 108 OK pII'(W IVQSt to(- (- 1'MIG I` UI t LL— - I nLLI t_w, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 6, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Charlie Rountree 2. Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 9, 2006 City Council Regular Meeting: B. Approve Minutes of May 16, 2006 City Council Regular Meeting: C. Approve Minutes of May 23, 2006 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial tots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C -C zones for Hiohtower Meridian City Council Meeting Agenda =June 6, 2006 Page 1 of 6 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 ClerWS Office at 8884433 at least 48 hours prior to the public meeting, 0 • Meridian City Council Meeting June 6 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, June 6, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Shaun Wardle, and Joe Borton. Member Absent: Keith Bird — Arrived at 9:53 P.M. Others Present: Bill Nary, Will Berg, Anna Canning, Jeff Lavey, Joe Silva, Doug Strong, Len Grady, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Council, I will go ahead and call this meeting to order. I'd like to welcome all of you hear tonight. It is Tuesday -- it is Tuesday and it is sometime. I have already buried my agenda. June 6th. It is a little bit after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance. Tonight we will be led by the members of the Mayor's Youth Advisory Council. Please stand. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: De Weerd: Thank you. Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Kevin Moyer, he is with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Moyer: Our Father in Heaven, we thank you tonight, I think first of all, for your many blessings to us here in our Meridian community. We are really a blessed people and we are so thankful to you for the wonderful growth that you're bringing and the many new families, the homes they represent. We are thankful for the great sacrifice and work of so many who pitch in, Father, to make this community a great one and we just are grateful to you. We would also take a moment and recognize that with great growth Meridian City Council June 6, 2006 Page 2 of 120 comes a lot of the challenges and joys and that we have this great process before us tonight. We pray, again, as business is conducted that you would give great wisdom and there would be discernment and that there would be a real peaceable spirit tonight, Father, and that would work through things and that we would continue to be a community that's just a great place to raise our families and to enjoy the blessings of our great nation. We are thankful again for your faithfulness and your goodness to us in Christ's name we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Moyer. We appreciate you being here tonight. Okay. Item No. 4 is adoption of the agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With Item No. 24, ordinance number 06-1233, Item 25, 06-1234, 26, 06-1235, and 27, 06-1236, 1 move that we adopt the agenda as published. Rountree: Second. De Weerd: Okay. I have a motion to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of May 9, 2006 City Council Regular Meeting: B. Approve Minutes of May 16, 2006 City Council Regular Meeting: C. Approve Minutes of May 23, 2006 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C -C zones for Hiahtower Meridian City Council . June 6, 2006 Page 3 of 120 Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: F. Findings of Fact and Conclusions of Law and Order for Approval: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: G. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-004 Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: H. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-009 Request for a Variance to allow for a patio structure in the required rear yard for 5278 N. Cougar Flat Place by Dana & Rhonda Patterson — 5278 N. Cougar Flat Place: I. Findings of Fact and Conclusions of Law for Approval: VAR 06-010 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- 3E -4C1 for TNT Tents by TNT Fireworks — 1601 S. Meridian Road, 1600 Main Street, 1850 E. Fairview Avenue and 4051 E. Fairview Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: K. Findings of Fact and Conclusions of Law for Approval: PP 06- 012 Request for Preliminary Plat approval of 47 single family residential lots and 11 common lots on 18.84 acres in a proposed R-4 zone for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: Meridian City Council June 6, 2006 Page 4 of 120 M. Findings of Fact and Conclusions of Law for Approval: PP 06- 004 Request for Preliminary Plat approval of 126 residential lots (22 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common lots on 55.83 acres in a proposed R-4, TN -C and C -C zones for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: N. Findings of Fact and Conclusions of Law for Approval: AZ 06- 010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: O. Findings of Fact and Conclusions of Law for Approval: PP 06- 008 Request for Preliminary Plat approval of 28 building lots and 3 common lots on 11.50 acres in a proposed R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: P. Development Agreement: AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC — 2445 North Wingate Lane: Q. Consent for Representation Dealing with Conflict of Interest for Impact Fee Committee with Spink, Butler, LLP: R. Water Main Easement Agreement for Meridian High School Tech Building by Meridian School District: S. Agreement for Connection to Sewer / Water Services outside City Limits for LDS Church at 5555 North Locust Grove by Eagle FM Group: T. Contract for Rip Rap Installation on Five Mile Creek at Ten Mile Road by Star Construction: U. Givens Pursley (Frank Lee) Retention and Conflict Waiver Agreement for City Hall Contracts: V. Agreement for Professional Services with Emily Peeso for Reconnaissance Survey of the City of Meridian with the Meridian Historic Preservation Commission: W. Contract for Timing for Barn Sour Run with Spondoro.com, Inc. Meridian City Council • June 6, 2006 Page 5 of 120 De Weerd: Item No. 5 is the Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. I have a motion to approve the Consent Agenda. If there is no discussion, Mr. Berg. Roll -Call: Rountree, yea; Wardle, yea; Borton, yea; Bird, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6: Update of the Property Tax Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: De Weerd: Item 6. Tonight we have our Ada County Assessor with us, Robert McQuade. Thank you for being here. McQuade: Madam Mayor, it's nice to be back. I just can't believe that this year has gone by already and a lot has happened in that year, as I'm going to tell you in just a couple of minutes. We mailed out the assessment notices in May 30th and usually I come out and do these presentations in mid May or the first part of May, but we had a problem this year, we didn't really get the assessed value for the taxable values nailed down until just at the last minute and that is because of the new homeowners exemption, the increased homeowners exemption also bringing the land in. So, we are doing our assessment briefings a little bit later than we do -- than we had in the past, but I think that there still is value to the information that I have. Just for members of the audience, the reason I come out here is to give the Mayor and Members of the Council a feel of what's going on with assessed values in the real estate market and also give them some numbers that will help them in preparing their budget. As usual, we are going out on a limb. These are preliminary numbers. They are going to be subject to change, based upon phone calls we -- we are getting quite a few phone calls right now, as you can imagine. Also, there is some exemptions that will be granted by the commissioners and, of course, we have board of equalization which there will be some values changed there. Last year it wasn't too significant. Also, this does not include operating property, which the State Tax Commission performs all of the operating property assessments and those won't be done until August. We have to be at market value. I think this is really an important concept that people are going to have a hard time understanding that we have to be at market value. We have seen some dramatic Meridian City Council • June 6, 2006 Page 6 of 120 increases this year and I'm going to tell you about those that's going on in your own community, but a lot of people are just how can you increase it a hundred percent or some people can't you use just a little lower. Well, the statute says that we have to be at market value as of January 1st. And just a little piece of information I think is important for the setting, we have what is called a ratio analysis that the tax commission holds us responsible for at the beginning of the year and is what they do is they will look at our assessed values and they divide that by sales price and you would expect to see about a hundred percent, we are suppose to be at market value. Well, January 1st of 2005 our assessment ratio was one hundred percent. Our sales -- our assessed values were just about equal to sales prices. At the end of the year, December 31 st, we did a ratio analysis, we were 78 percent of the sales price. The value has been growing double digits from last year. The total market value in the City of Meridian is 5.9 billion dollars. That's up 45 percent over a year ago. Last year you had a 29 percent increase, by the way of comparison. Taxable value, that is the market value less the exemption, that's 4.6 billion, and that's up 37 percent over 2004 -- in 2004 -- or 2005 -- 2004 you had a 31 percent increase. Taxable value. This to me is an interesting number. It's 78 percent of the total value. Last year it was 82 percent of the total value. That I think is the effects of the homeowners exemption, kicking in that additional 25,000. Also bringing the land into it. Residential 25,403 parcels. Up 16 percent over last year. Market value is 4.3 billion dollars. That's up 47 percent in residential property. Almost a 50 percent increase. By the way of comparison it's up 29 percent last year. We thought last year was a hot year. Median increase for existing residential properties and this is important numbers. Twenty-two percent -- in other words, half of the residential properties in Meridian saw an increase less than 22 percent and half saw an increase greater than 22 percent. Now, throughout Ada County the increase is about 17 and a half percent. So, Meridian is just an unbelievably strong market. There is a lot of demand for property over here. Last year our median increase in Meridian, 5.6 percent. Compare that to the 22 percent this year. And to go back one year further, the median increase was 1.6 percent. So, the real estate market in Meridian has just literally exploded. Commercial parcels, 3,456, that's a ten percent increase. Market value is 1.6 billion. That's up 39 percent. And the median increase on commercial was nine percent. I thought this was interesting and I'm just going to give you these numbers -- let me just give you this right here, so you can follow along. Commercial has a much higher average price, which tells me perhaps there was some large commercial properties that were skewing the data and that's why the median would be less than the mean. Now, new construction, that's up considerably. That's 695 million dollars. It's a 40 percent increase over last year at 494 million. And new construction is important, as you know, but for the members of the audience, that is part of the budget. You get to -- we all get to increase our budget three percent a year, plus the value for new construction. So, that's why that's important, the 695 million. So, you can take last year's levy times 695 million and the dollar amount can be added to your budget increase. Residential you had 2,800 new parcels. Last year you had 1,800. That's a 15 percent increase, 417 million, up 81 percent over last year's 230 million. Commercial you had a 128 new parcels. Last year you had 83. And your market value was 86 million, down 93 -- down from 93 million, just a slight decrease. Urban renewal. This is important. It's 83 million, compared to last year's 41 million, your urban renewable has Meridian City Council June 6, 2006 Page 7 of 120 doubled in value and that to me is a number that I would really pay attention to. In Boise city urban renewal is taking a larger and larger piece of the tax dollars. Here is another number that I thought was very interesting. Tax burden. Last year the tax burden -- and that is who is bearing the cost of property taxes, residential or commercial. Residential was 59 percent last year. And commercial was 41 percent. This year residential is 65 percent and commercial is 35 percent. So, residential still is continuing to bear the great part of the property tax burden. Some of the tax policy changes that we saw, the homeowners exemption. We saw the land brought in this year by the legislature. They increased it by 25,000. And I think something, too, that's really important that a lot of people have overlooked and that is that the homeowners exemption is also indexed now, whereas in the past it stayed at 50,000. It was static for a quarter of a century. Well, now we will start moving that at the rate of the increase in the Idaho housing price index. I'm guessing next year the homeowners exemption will be worth maybe about 86,000 dollars. It's 75,000 today. The increase in the property tax reduction program, the circuit breaker, and also there is a new bill which permits deferral of property taxes. For those who qualify for the circuit breaker, they could elect to have their property taxes deferred until the property is sold or trades hands. I just want to wrap this up by just saying there has just been unbelievably strong growth over here in Meridian. A lot of new construction. I just want to close talking about land values for a minute. This is where we have been getting a lot of calls about. I had a woman today and she says how can you possibly increase the value of my lot a hundred percent. Well, that's what's been going on with land values in Ada County last year. I just want to give you a couple of sales here. One acre parcel sold -- these are parcels -- we have a whole list of them that sold twice last year. One of them -- a one acre parcel sold February 21st for 189,000 dollars. It sold in August 26th for 325,000. That's a 72 percent increase in six months or an annualized increase of 143 percent. Here is a -- just slightly over a tenth of an acre that sold in July -- July 8th for 50,000 dollars. The owner of that turned around and sold that 20 days later for 75,000 dollars. That is a 50 percent increase in 20 days or a 600 percent annualized increase. We had a quarter acre sold January 17th for 69,900. By mid May it had sold again for 106,000 dollars. That is a 52 percent increase in four months, 155 percent annualized increase. So, that's what we have been looking at. It's been extremely difficult for us to keep up with this. At a two percent growth our appraisers can figure out what kind of trending you need to add in August or September, even October. But this year they look back in October and November they were so far behind, because the market had increased so fast, they all had to go back in and revisit the trending factors. Where is it going to end? I don't know. It's alarming. I think especially -- I think everybody, it's not just the senior citizens, but I think everyone can't help but wonder where this is all headed. Madam Mayor, Members of the Council, that's my message tonight. De Weerd: Council, do you have any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council • June 6, 2006 Page 8 of 120 Rountree: On the sheet you handed out -- and it's just for my clarification. The last item, assessment notice mailing dates, should that first date be '06? McQuade: Madam Mayor, Mr. Rountree, yes that is correct. We did not send those out a year early. Rountree: Okay. Make sure. McQuade: Yes. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Is there -- is there any component of the housing price index that is done on a county -by -county basis? Is it only statewide? McQuade: It is broken down by -- there is one in Boise, Nampa, and Caldwell, I believe. It's -- they do just aggregate beyond the whole state, into the smaller units. But the tax commission will come up with the trend factor for the state. But this real estate market is just prevalent throughout the state. I was talking to the assessor in Kootenai County. There they are looking at 35 to 40 or 45 percent average increases. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Was there any discussion when the legislature raises the homeowners exemption to somehow tag that on a county -by -county basis? Is that possible, do you know? McQuade: Well, I don't know if it would be possible. The discussion really centered around should the CPI or the Idaho Housing Price Index -- the Idaho Housing Price Index for last year I believe was about 15 percent. The CPI was about three, three and a half percent, something like that. So, the debate was should we use the higher one or the smaller one and I thought that the legislature was very wise in using the Idaho Housing Price Index. Borton: You should use Meridian's. That would be -- McQuad: Yeah. Or the counties. Borton: Thanks. Meridian City Council 0 • June 6, 2006 Page 9 of 120 De Weerd: You're own local. Any other questions? Thank you for joining us. We appreciate it. These numbers are staggering. McQuade: They are staggering, aren't they? It's just almost overwhelming. De Weerd: Thank you. McQuade: We will be back next year. Item 7: Department Reports: A. Mayoras Office: 1. Paint The Town Proclamation: De Weerd: We will see you. Okay. Item No. 7, Department Reports. I do have a proclamation. It is Paint The Town on June 10th and so this is a proclamation in honor of that. Whereas on June 10th, 2006, the 24th Annual Paint The Town will take place involving over to 2,500 volunteers, who will paint the homes of 86 elderly, low income, and disabled Treasure Valley residents. And whereas approximately 12 homes will be painted in the City of Meridian. And whereas the Paint The Town is a program of the neighborhood housing services, Inc., and is sponsored by 94.9, The River, Idaho News Channel 7, and the Idaho Business Review, Ada County Association of Realtors, Allstate Insurance, BMC West, U.S. Bank, Washington Mutual and many other businesses and organizations, whereas this outstanding community service project will benefit senior citizens and disabled residents, who find it difficult to maintain the beauty and condition of their homes. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Saturday, June 10th, 2006, as Paint The Town Day in the City of Meridian and acknowledge those volunteers that support enhancing our community. It's dated this 6th day of June and we hope that many of you will be participating in this great event. 2. Mayor's Youth Advisory Council report: De Weerd: I am also very honored to introduce to you tonight representatives from the Mayors Youth Advisory Council. They are here to present to you the annual report, what they have been doing this last year. In front of you, you have their biographies and what they have been involved in and what they are interested in. Would you all like to come forward and, Bud, would you like to introduce everyone? Henthom: Well, our city has been recognized as one of the one hundred best places in America for young people and I believe that is because the best young people in America live here and this is the cream of the crop. Jennifer, Gina, RoAnne, and Mallory, you're on. De Weerd: Okay. RoAnne, you will have to use this microphone or this one. Meridian City Council June 6, 2006 Page 10 of 120 R. de Weerd: Okay. This is the executive -- is it on? This is the Executive Board of 2005 and 2006 and going to be 2007. This is a group picture that we took. It's not all members, but it was at a meeting. Okay. Darosa: My name is Gina Darosa and I'm 17 and I go to Mountain View. Bokenkamp: My name is Jennifer Bokenkamp. I serve this year as the Historian on the Mayor's Youth Advisory and next year I will be Vice -Chair and I also attend Mountain View. And I'm the Treasurer. Tomzcak: My name is Mallory Tomzcak and I go to Meridian High and for the past -- or for this year and for next year I will be the Secretary. R. de Weerd: I'm RoAnne de Weerd. I'm current Chair and next year Chair. I'm 16. I'm going to be a junior at Meridian and I'm a part of their various city committees. Bokenkamp: Okay. Our first retreat was at Boondocks. That was the first time the Meridian Youth Council for 2005-2006 really got together, bonded, and we had fun and it was kind of good for us to get our names in the paper and get us out there. Darosa: We also -- we had the opportunity to work in partnership with the anti-drug coalition and the Meridian Kiwanis and we have helped advertise and distribute literature and we partook in setting up and taking down and just assisting where ever they needed help. We also made it possible for students who attended the event to be able to get extra credit in school and that brought out a lot of kids that came with their families, so -- Bokenkamp: And the State of the City address we set up and helped clean up and we distributed literature on the Mayor's Youth Advisory -- about the Mayor's Youth Advisory Council and about our Habitat for Humanity project. R. de Weerd: This is the prayer breakfast that a few of our members went to. It was hard to get members to come out, because it was 6:30 in the morning, something like that. We set up the day before and we were there bright and early for everyone to take tickets. We gave out door prizes to winners and we stayed after to clean up. I don't know if you guys remember my presentation from the D.C. Convention. I told you guys about my vision of the vending machines, healthy food. Well, Mallory, the Secretary, helped me to bring that out and this is what we did. Mallory: Our job was to educate Meridian principals on our proposed ideas to creating healthier youth in Meridian by improving food in vending machines. Part of that -- what we did is we talked about how healthy food in the vending machines increased revenue for the high schools and we gave them examples -- you can see a pop there -- about what kids have to eat every day in our high schools. We gave them a candy bar and Meridian City Council June 6, 2006 Page 11 of 120 pop and showed them how much we'd love to have healthier choices in our vending machines. Bokenkamp: We also -- many of our members are part of the anti-drug coalition board and we have been researching cause and types and more information about random drug testing for extra -credit in high schools. We brought up this topic to the coalition and now Tari Ferguson, a former Mayor's Youth Advisory Council member, and she is the current Miss Meridian, she is using this as her platform and hopes to make a presentation to the school board this fall. R. de Weerd: A few members went to the health fair in partnership with the Boys and Girls Club. We had a booth set up and we administrated giving surveys about staying safe with strangers. Bokenkamp: Oh. And we also received a grant and we were able to get a bungee fun run and just -- we helped facilitate the activities that were outside for the kids at the Boys and Girls Club fair, so -- and in April, in response to our no place like homeless project, Mr. Hubble of Hubble Homes donated a piece of land for Habitat For Humanity to be used in partnership with the Meridian School District. The Mayor's Youth Advisory Council accepted this generous gift at a City Council meeting. Tomzcak: For our national and global youth service day project we decided to put on an experiment in homelessness in coordination of Habitat For Humanity by raising funds to build a house for that and also we got land donated, like she said, by Mr. Hubble. And here is us, we spent the night in a park and we asked for donations for food to go to the Salvation Army -- or for clothes to go the Salvation Army and food to go to the Food Bank. Oh. We raised over -- what was that, 112,000 dollars -- yeah. Oh. Oh. Also we got educated on domestic violence. We plan on helping these people who presented to us later on on how to like stop it. R. de Weerd: I went with my mom to the Governor's Roundtable where I met Kempthome and that's pretty cool for me, because he mentioned my name in his farewell speech, which I'll remember forever. But it was kind of fun, because I got the Mayor Youth Advisory Council's name out to him and let the state officials know what the little town, soon to be huge, which is growing, what we are doing. I took a trip to Caldwell's Mayor Youth Advisory Council meeting and we are going to do some joint projects with them, you know, expand our youth projects and we got a lot of ideas from them, because they have been together for four years -- how long? Four years. So, Meridian's Mayor's Youth Advisory Council has a lot to grow and we are excited for next year and we are going to go full force. So, that's all. De Weerd: Council, do you have any questions? Rountree: Keep up the good work. Meridian City Council • June 6, 2006 Page 12 of 120 De Weerd: Girls, I do have an announcement for you and for Council as well. I did get word from the Association of Idaho Cities -- we submitted a number of projects for a City Achievement Award. The Youth Advisory Council Habitat For Humanity project won a City Achievement Award at the state level. So, congratulations. Council, it's been my great pleasure of working with the youth of our community and, as you can see, they have made a big splash this year and they will have a planning session in September for this -- the next school year and I will have no doubt that they will continue the large projects and, indeed, they will make a big difference in our community. 3. Impact Fee Committee Appointments: De Weerd: Item No. 3 is our Impact Fee Committee appointments. The names of that committee are in front of you. I ask -- my request for you is to confirm these appointments. Dan Wood. Jim Keller. Gene Strate. David Fulkerson. Phil Krichbaum. Keith Borup. And Miguel -- and I don't how to say Miguel's last name. How about it, Shaun? Wardle: Legaretta. De Weerd: There you go. Those are the names. Many of these are members who have served on our impact fee committee for our parks for a number of years. Miguel is the new name on this list and I would ask a motion to approve this committee. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the new committee for the Parks and Recreation impact fee. Borton: Second. Rountree: Is that the commission? De Weerd: It is an impact fee committee. Rountree: Impact fee commission -- committee. De Weerd: Okay. I have a motion and a second. Mr. Clerk, do I need to call roll? Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Council, one final announcement. I just told you that the Youth Advisory Council, their homelessness project won a city achievement award. We also won Meridian City Council • • June 6, 2006 Page 13 of 120 awards for the development of our state and federal highways ordinance, the Mayor's anti-drug coalition, our K-9 training facility, and we received honorable mentions for our online employment application, crime prevention, Meridian public safety academy, and the animal shelter volunteer dog adoption program. So, it just goes to show you your staff are very hard at work and we appreciate what they do. B. Parks Department — Doug Strong 1. Update on Bids for the Meridian Youth Baseball Project: De Weerd: Okay. Item B is our parks director. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. Bringing to you tonight the results of the construction bids for the 23 acre, eight field, baseball complex that's on the west side of Meridian Settler's Park. We received two construction proposals for that project and I believe you all have those numbers in front of you. Both proposals came in over current budget and that's what I'm here to talk to you about tonight and make at least a staff recommendation how to proceed and, then, certainly discuss that. Because of the increasing costs of construction projects, it seems imperative that -- that we get this project underway and we have spent since last week when we got the bids looking at a variety of ways that we could do that and what -- what we have ended up with is my recommendation to you tonight that we -- that you amend the budget to bring it in to compliance with the low bid, so that we can get this project under contract and, then, what we would do is request that Meridian Youth Baseball seek any donations that they can get to bring those costs down once the project's underway. So, with that brief introduction and summary, I would be open for questions. De Weerd: Council, questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Doug, have we looked at what we could take out of that bid to get into budget? Strong: We have looked at a number of different possible donations to the project that might reduce the overall cost. In order to get it under contract by statute, we have to -- you know, we need to take some kind of action that would be within current budget, so -- if that makes sense. De Weerd: Mr. Nary, do you have something to add to that? Nary: Madam Mayor, Members of the Council, basically, the bids that have been done, either if the -- if they are not acceptable and the city doesn't want to proceed, we'd need to reject those bids that have been presented and start the project over. I think what Mr. Strong was I guess desiring to do was get this project completed and going forward. Meridian City Council • • June 6, 2006 Page 14 of 120 So, I think that's the reason the budget amendments are in front of you, instead of a complete rejection and starting over. But you certainly have the ability to do either. De Weerd: Thank you. Did that answer your question? Wardle: Yes, Madam Mayor. And my initial question -- Doug, could you elaborate on what types of donations that we could potentially be talking about or -- Strong: The things that have been discussed as a possible donation of the electrical work at the project and Trace Layton, who is representing Meridian Youth Baseball, has pursued that and that would be a -- if that donation is possible, it would be a savings of about 117,000 dollars, is what I understand. That's not a confirmed donation at this point. These are all -- it's an example of the kinds of donations that they would be pursuing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Doug, on Mr. Wardle's question, is one of the options to reject the amendment and perhaps reject the bids, put it out to rebid, and -- I think what he might have been getting at are you, then, forced to stay within that budget amount or are you forced to bid it out without dugouts, without backstops, what types of items would need to be pulled out, if you know, to reduce the potential bidders' bids and the budget amount. Strong: Well, Madam Mayor, Councilman Borton, all of those would be what we would be looking at as what we would take out to bring it down to current budget. The concern we have, I guess, with rejecting bids and going through a process of taking items out so that we can bring into current budget, is that process will take three weeks to a month to rebid and costs continue to go up during that period of time. That's what we have experienced with this bid is from the last time we were here and asked for additional dollars for this project, costs have gone up this much just at this point. So, I guess we run the risk of everything continuing to go up and even we are taking some of the items out, still coming back with bids that would be over budget. De Weerd: And, Council, that is one of the results of a two month delay in design of why some of these prices have skyrocketed. Strong: And, Madam Mayor, if I could maybe expand on that. One of the reasons for that two month delay in design is that when we looked at the estimated costs of this project back very early in the year, we decided we needed to do some value engineering and bring those costs down and during the process of deciding on what to do and the redesign of that, it took some time, construction costs continued to rise. So, it's put us where we are today. De Weerd: So, that value engineering kind of worked in reverse. Meridian City Council . June 6, 2006 Page 15 of 120 Strong: It did lose some value. De Weerd: Okay. Council, any other questions? Rountree: Madam Mayor? De Weerd: Yes. E Rountree: I assume, though I don't see it stated here, that there is sufficient impact fees to cover the increased costs over the estimated cost of 280,000? Strong: Madam Mayor, Councilman Rountree, what it shows in our April budget report of uncommitted impact fees of 720,000 dollars. De Weerd: Okay. Any other questions, Council? Rountree: I have none. De Weerd: Okay. Do I have a motion or direction for Mr. Strong? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: One other question. It's a big item. I think I see Trace in the back. Maybe it would be a -- I don't see Trace in the back. But the question for you or Trace, if he's willing, what's the -- what's the net effect of not going forward with an amendment? Do we run the risk of not only re -bidding it and causing delay and additional expenses to the park, the fields that are not on schedule to be done spring of '07 and how that might impact Meridian Youth Baseball and the citizens of Meridian, do you know any specifics of what would happen there? Strong: Madam Mayor, Councilman Borton, actually, there are some impacts in that regard in that any additional delay at this point would put the project behind schedule to where the possibility of getting grass seeded this year and the field playable by next summer season when Meridian Youth Baseball has actually been awarded a regional tournament, I believe. The field would not likely be playable for -- if there is any further delays in getting the project started, because we get passed a logical season to plant and get reasonable germination in the field and just the fields in. So, that tournament next -- for next summer would be in jeopardy again. We passed on one tournament already because of delays in this project that could have been brought to Meridian. De Weerd: Thank you. Meridian City Council • , June 6, 2006 Page 16 of 120 Strong: Actually, I should correct that. It was brought to Meridian, it wasn't played at this field, it was played at fields scattered throughout the community. De Weerd: Okay. Council, I need your direction. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess a question for Bill. Is it a process of -- to want to go forward to amend the budget or are we making acceptance or rejection of the actual bids? Nary: Madam Mayor, Members of the Council, Councilmember Borton, I think what -- I guess, really, Mr. Strong is asking two things. He's asking for you to approve the bid that's been presented at amount that's proposed, as well as amending the budget to cover that additional expenditure. So, yeah -- so, you're correct in that it's really two things that we are really looking at here, but the primary one is to amend the budget, but accepting what's being proposed is included. De Weerd: So, I would need two different bids -- or two different motions. Borton: Okay. De Weerd: Mr. Borton. Borton: Unless there is further discussion, I'd move that we accept the bid proposed by McKlvain Construction for the completion of the Meridian Youth Baseball project at Settler's Park. Rountree: Second. De Weerd: Would you want to give a not to exceed amount? Borton: Not to exceed the bid amount of 1.969 million dollars. De Weerd: Thank you. And second agrees? Rountree: Second agrees. De Weerd: Okay. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Meridian City Council • . June 6, 2006 Page 17 of 120 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the budget amendment request for the parks department consistent with the acceptance of the McKlvain Construction contract of 1.969 million. I don't think it's exactly 280,000. And close that difference. De Weerd: Do I have a second? Wardle: Second. De Weerd: Okay. I have motion to approve the amending of the budget. Mr. Wardle. Wardle: Madam Mayor, just a comment on being the second budget amendment for this specific project, I still think it's important for the community and we have a great partner and we need more playing fields. The one thing that I would talk about within the department -- and we have some budget hearings coming up, if the construction market is doing what you're saying it's doing, and we are going to continue to be in the business of building parks for our community, we need to pay close attention to those trends and try to forecast for them. De Weerd: Mr. Wardle, I would say that that is something our impact fee committee is evaluating as the process comes forward with the update of the current impact fees and consideration of additional impact fees. Those numbers will be considered at that time. Wardle: And I understand that's the revenue side. I'm talking about the expenditure side and the actual -- when we go to bid, that -- the parks department bids those jobs out; correct, Doug? And so I'm just saying certainly that would be an additional function. De Weerd: It's something you're going to see in each of our departments. I think Public Works has already come back on an amendment for one of their budgeted items as well. The costs are just very unpredictable and it's a very unstable market right now. So, we will do our best. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: If I may throw my two cents in. I appreciate, Doug, your comment on efforts to obtain donations on Meridian baseball and Trace had done a fantastic job of trying to do that. The reality of it is it's very difficult and the market is moving, people are probably reluctant to donate a bunch of time and there is lots of business out there. And I know that's part of this project and the partnership, so I really really encourage Meridian Youth Baseball and your department to continue to try and acquire whatever donations you Meridian City Council June 6, 2006 Page 18 of 120 can. The city recognizes that and appreciates this kind of planning. In regards to Mr. Wardle's comments, as we go forward, Doug, I have mentioned this to you, at some point the expenses have increased at such an exponential rate beyond revenues, it's just not going to do it. It just doesn't make business sense and the fields won't get developed and the parks won't get expanded and they lay fallow for awhile and that's a concern on the business end of it, while we try to address revenues, the costs concern me and I hate to see that day, but it might come and where we have to say no and the development doesn't go forward. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Trace, thank you. You have been a great help in not only this particular facility, but several others in the city and in the county. Yeah. Well, that's how I got mine, too. Doug, I have been silent at this point, but it's time. We have grown weeds far too many years. It's not just a ball field complex, it's the completion of the second, if not the largest, community park in the City of Meridian and it will be a great asset to the community to have it done finally. I look at the numbers and we are now exceeding construction costs double what we paid for the property. So, the longer we wait the more expensive it's going to be, it makes no sense to me if we have a quarter of a million -- three quarters of a million dollars in the impact fee account not to spend it. So, I think this is a wise move forward. Strong: Madam Mayor, Members of the Council, this is a response that I think that -- you know, your points are all very important right now and because this project is about a five year old project and designed, ready for completion, it certainly needs to raise at a priority level. The new projects that we are bringing forward might actually come up against that wall of maybe no revenue or no funding and I think that's where we -- at least I would recommend that we make that choice and finish the projects that have been around for awhile, so that we complete fields that are just weeds and things like that. So, talking about our budget process. Nary: Madam Mayor? De Weerd: Thank you. Mr. Nary. Nary: I'm sure it was implied by the maker of the motion, but I didn't hear it in the motion, but the intent was that the amount that's budgeted -- or amendment is for -- is to come from impact fees and I just wanted to make sure that was clear on the record. Borton: That's correct. Rountree: Second agrees. Call for question. De Weerd: Okay. Mr. Berg. Meridian City Council . • June 6, 2006 Page 19 of 120 Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Strong: Madam Mayor, just a clarification. The dollar amount for the amendment. Clarification. That's -- Rountree: 280,000. Strong: 280,000? De Weerd: Well, the difference between the budgeted amount and the bid amount. If it was 280, that's what it is. If it's less, then, that's what it is. Strong: Okay. Borton: I believe it's 279. De Weerd: And two cents. Strong: I rounded it up to 280. Borton: I rounded it back down. Strong: Okay. De Weerd: I would like to also ditto Councilmember Rountree's thanks to you, Trace. You know, Trace is the remaining sole member of the funding committee and we appreciate everything you're doing. I think you have been with it long enough your child probably won't even benefit. But we do appreciate your tenacity in sticking with us. It's going to be a huge asset for our community and we appreciate that. C. Public Works Department — Len Grady 1. Water Master Plan Update: De Weerd: Okay. Moving on. Council, we have Item C, Public Works. Mr. Grady. Grady: Madam Mayor, Members of the Council, I'll try to be brief tonight. I know we have a large agenda. Late last year we completed two tasks -- completed the water master plan and completed the sewer master plan. At my direction both consultants held off finalizing those to see if we could get a little better idea of what was happening in the south and perhaps refine those boundaries a little bit. It looks like that's maybe a Meridian City Council June 6, 2006 Page 20 of 120 waste of time, so we decided to go ahead and bring those forward for approval. So, what we are after tonight is for Council to direct staff to prepare a resolution to accept both water and sewer master plans. With that I will tum it over to Dave Stingle. De Weerd: Good evening. Stingle: Madam Mayor and Council. Go ahead to the next slide. As Len mentioned, we have been working with the City of Meridian for over the past year, CH2M Hill, to prepare a water master plan. What that master plan looks at, then, is what is the existing water use and what's projected water use. And, of course, with the growth the city is experiencing, trying to find what the future water use is can be a bit of a challenge. We have worked on that to identify that growth over the next 20 years and also made some projection through build -out. We are looking at supply from a quantity standpoint to make sure that the existing wells are adequate to meet existing and future demands. Looking at storage, near storage reservoirs within the system to make sure that's adequate from an industry standard perspective. Looking at the distribution system to make sure we -- the city can provide both domestic and fire flow demands everywhere throughout the system. And, then, water quality. Can the city meet existing and future water quality regulations. This is a map of the existing system. It's a little bit difficult to see it. I believe the Mayor and Council had received an advance copy of this presentation. They may be able to see it a little bit better on theirs. But, basically, you see a number of dots that are spread across the system. Those are, essentially, wells and booster stations and reservoirs. The background colors there are pressure zones. The city lies over relatively flat ground, so there aren't too many pressure zones required, but a few of them are in order to maintain adequate pressure between about 40 and 80 psi throughout the entire system. Next slide. What are the system challenges. Really, as we heard earlier, growth, of course, being the big one. And that -- the big issue there is the management of where and when growth occurs. This leap frogging effect of developers going far beyond your existing system is a major struggle for the city in that you can't get water without piping and conveyance, storage, treatment, and those types of things, out of the way from your existing grid. So, controlling how and where that development occurs is important for that future development of the system. Water quality. The only real issue on the water quality, besides there is a few wells that have some high uranium levels and those need to be watched and monitored. There is a federal regulation of uranium at 30 parts per billion. A few of those wells have slightly -- levels slightly above that, but they can still be used on an interim basis during the summer when the city required peaking, they just can't be used on a yearly basis. The city has a lot of additional supply, so there is a lot of flexibility to move water from location to location. It's a supply issue at this point. This needs to be something that should be watched. The strengths. As you can see, the strengths list is quite a bit longer, which is very good news for the city. Number one, you have a very proactive staff. The issue you're dealing with with this growth, you need to take a look from a planning perspective every few years. The last master plan was only done about three or four years ago and that's great. The kind of growth you're seeing in the ten plus percent a year, you have got to continue to do that kind of planning. Advanced modeling tools and users. I do a lot of this work across the region. Meridian City Council June 6, 2006 Page 21 of 120 The City of Meridian has one of the most advanced modeling capabilities of anybody I work with. The Public Works Department has developed its own modeling tool interface to the hydraulic engine EPA net. Really, very unique in the industry. And so looking at some of the ways that they are able to actually link billing records directly to that model is -- you just don't see it anywhere else. I want to commend the Public Works staff on that. The other thing that the city's done a great job at is building the robust pipeline grid. Really, this is -- at a minimum a 12 inch pipeline grid throughout the system and that allows for, like I say, both the domestic and fire flow flows to be delivered without any problem. Distributive sources. That's another big strength, in that the wells are distributed and located throughout the city and that allows water to be moved from a number of different locations to areas of high demand very easily with that -- that robust grid that we talked about. And, then, also the addition of multiple pressure reducing valves between zones. That allows water to be able to be transferred between zones, depending on if there was a number of wells out in one zone or a high demand in an area, that water could be transferred very easily between zones and that's a big strength to have that redundancy. Future system here is also difficult to see, but, basically, you can identify a significant growth in the north and the south and these are just basically planned developments for this year. As Len mentioned, we have been waiting to finalize this a little bit and a number of these developments are already in. So, the pace of growth here is incredible. From a summary standpoint, we want to continue the existing infrastructure system development into the future service areas. Right now there is three zones, three pressure zones, that we ultimately will probably need to extend to five in order to serve all the customers within the growth boundary. Continue developing within the multiple pressure reducing valves, the robust pipeline grid, and the distributed wells. As you saw in this previous one, wells continue to distribute out throughout the system. Very Important. The other thing that we are going to be proposing to do is go to well and storage supply strategy. To this point your peak hour demand -- in other words, the maximum demand that you would see at anytime throughout the year has been supplied directly from wells. What we propose to do there is to put some additional storage in some parts of the system in order to use that storage water as peak, which will reduce the number of new wells that are required throughout time. And based on an economic analysis, that would save the city several million dollars over the next 20 years to go to well and storage supply strategy, versus an all well strategy. I want to also encourage the city to continue the groundwater and surface water evaluation to ensure that there is adequate quantity and quality of supply into the future. And, then, the frequent planning exercises to address growth. So, any question from Madam Mayor or Council? De Weerd: Council, any questions? Rountree: I have none. De Weerd: No. Thank you. Stingle: Thank you. Meridian City Council i June 6, 2006 Page 22 of 120 2. Sewer Master Plan Update: Grady: With that I'd like to tum it over to Phil Krichbaum. He's done the sewer master plan. De Weerd: And I might also recognize Phil as Idaho's top engineer, received the engineering award for the state of Idaho. Congratulations. Krichbaum: Appreciate it. Thank you very much. If I could have the first exhibit there. It may not be the best visual aid preparation. There we go. Back in November we updated your 2003 sewer master plan to reflect some of the changes of your planning area and just to give you a brief summary of the results of that impact and not bog you down with methodologies used in the study, all that engineering tech talk here. So, the planning area changes. There were two large areas that were modified from the 2003 master plan. The southern area here bounded by Columbia Road to the south and McDermott Road to the west, about 7,900 acres, a little over 12 square miles. The Northwest area, about -- it's the west by Can -Ada Road here and McDermott right in at about four square miles. The remaining area that you see -- I think this is -- you have handouts and all these exhibits. Pretty much remained unchanged from the 2003 master plan and with the exception of the little addition we did on your north -- North Chinden, that bench area, that was included in this update. So, with this update you have one cohesive model for your planning area and that's about 63 square miles roughly. What kind of results are these additional areas? What are the results for serving this area and the impact to what was already previously master planned? Starting here at the south area, as you move south you're topography really changes from flat as a pancake in north Meridian to, really, a rolling topography down south here. And what that rolling topography of ridges and low lows, terrains, it really set the stage for controlling -- or laying out your collection system with not a lot of different changes. So, you're pretty well set to the local topography. The good thing about having the topography there is that you could take advantage of it and you can kind of lessen the sewer depths out there by following the prevailing ground swells. Generally in the southern area there is two -- two main trunk line systems, each served by individual lift stations. The southern reach here we just deemed that the Mason Creek trunk and lift station, 18 inch, 21 inch, coming into a regional lift station. About seven cfs ultimate peak flow design capacity. That would be something real similar to the North Black Cat lift station, just to kind of give you a gauge of facility size there. Moving a little bit north, that station, like a backup, pumps directly to a gravity line just below the bench, but south of the interstate on McDermott. Does not leap frog over to the lift station. This lift station is a little smaller, about three cfs, so about half the size. Eighteen inch trunk coming down through here. We try to lay these things out on section line roads, mid section line roads, but when you have kind of a set topography here, we have a low, you have to follow the low spot, which, again, can mean more easements and that sort of thing, to just let you know here. The northern area is a lot flatter and you can be -- you can do things several different ways, you know, similar to what we have got over here in north Meridian. Big change up in this area is conveying the flow from the Meridian City Council June 6, 2006 Page 23 of 120 southern reach eventually back to the treatment plant and how do we do that. Basically, we will have to enlarge the McDermott trunk, that's previously an 18 inch trunk, that will go up to about a 36 inch trunk. The 2003 master plan, it pretty well stopped here with the regional lift station at McDermott and Five Mile Creek. We have relocated that down to Can -Ada. So, you, essentially, can move the McDermott lift station that was before back to Can -Ada and extended a large trunk here. That's a pretty good impact in terms of the trunk line size. The depth over the 2003 master plan is about the same to this McDermott trunk. The most challenging portion of this infrastructure in here will be this - - this large trunk line here, it's fairly deep, this portion on McMillan Road, to the regional lift station. This regional station is approximately 17 cfs and it's -- that's a large one. That will be in the same realm as the recently completed Black Cat lift station. We will have several phases of upgrades, but ultimately that will be -- that will be a large regional facility. Pumps back independently to the treatment plant. We don't leap frog over to the north Black Cat lift station, independent of the four mains on that one. I know that was a real quick summary. The remaining portion of the sewer master plan here is, you know, unaffected by this addition, other than, really, the McDermott trunk and the new lift station here at Can -Ada. That's a real quick thumbnail overview. If you have any questions? De Weerd: Thank you, Phil. Any questions from Council? Rountree: Madam Mayor, if Phil would state the time line that this incorporates. Krichbaum: Sewer master plans, you pretty much look at a build out ultimate system is the way they are sized. Rountree: Okay. Krichbaum: They are sized for the worst case scenario, high irrigation water flow, wet day, everybody at home on a weekend washing clothes. So, it's kind of bad -- you know, worst case scenario, but that's what you have to design around. Rountree: Minimal risk. Krichbaum: Exactly. De Weerd: Thank you very much. Len, do you have anything to add? Grady: Well, I'd like to thank both these guys. I think they did an excellent job. They delivered on time and on budgets. I'll reiterate that I was the one that held them up until we felt it was time to go ahead and get approval, so -- De Weerd: Great. Well, thank you, Len. Do you need any action tonight? Rountree: Yes. Meridian City Council June 6, 2006 Page 24 of 120 Grady: Just looking for direction as to whether we should come back with a resolution. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I move that we instruct staff to prepare resolutions to approve both the water master plan and the sewer master plan to bring back to the Council for consideration at our next regularly scheduled meeting June 20th. Wardle: Second. De Weerd: Okay. We have a motion to prepare the resolution. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Rountree: Madam Mayor, just a comment to Len and Brad that thank you and thanks, staff, for staying on top of this and maintaining the planning that it takes to stay ahead of the infrastructure requirement for a community the size of Meridian. You guys have done a great job. Appreciate it. Grady: Thanks a lot. De Weerd: And I know we all share those sentiments certainly to our consultants that worked within budget and on time. We appreciate your help. And, Phil, you have been around for a long time. We've appreciated your involvement with our city. D. Planning Department 1. Letter to Board of Commissioners Regarding North Meridian Area of Impact: De Weerd: Okay. Planning Department. Canning: Madam Mayor, Members of the Council, in your packet tonight was a letter addressed to the Ada County Board of County Commissioners and we just wanted to let you know what that was all about. As you know, you met with them -- or some of you met with them in November of 2004 about our proposed area of city impact expansion to the north to accommodate the north Meridian -- the new plan for the north Meridian area and at that time they gave us a checklist of things to do, one of them being adopting the Comprehensive Plan Amendment. We have gone ahead and done those and so this is kind of a letter to say, okay, we have done what you have asked, we are now bringing it forward and would like to get this on your agenda and moving. I do want Meridian City Council June 6, 2006 Page 25 of 120 to let you know that at the staff level there has been some resistance to moving forward the application that was started in 2004. They feel that because we have added the four square miles west of McDermott, that we should withdraw that application and submit a new application. The timing issues could be significant in that we would not make their planning and zoning commission's September hearing date, similar to our planning and zoning commission, they are only considering comp plan amendments twice a year and that for this year it looks like it's going to be September. So, the letter is structured such that you will notice that we are encouraging them to accept the previous conversations and to -- if they would like to meet again, set up another meeting to discuss those four square miles, but to make it clear that those were included in the -- all the north Meridian planning area efforts and should be included with our current application. Does that make sense? De Weerd: Yes. To me. Council, does that make sense? Canning: Okay. Rountree: I think that's what it says in your letter here. De Weerd: You have adequately explained that in the letter. Canning: Okay. De Weerd: Okay. If there is no questions from Council, we can just go ahead and send the letter out and move forward. Canning: Great. Thank you. E. Legal Department 1. Update on Architect and Construction Management Contracts for New City Hall Building: De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Just briefly. This is an update on the architecture -- or architect and construction management contracts for the City Hall project. While I was out of the office last week Mr. Baird was able to work with our outside Counsel we have hired for assistance in reviewing those contracts. He was able to send those contracts out by the end of the week of last week. They are still being reviewed by those two companies that we are in negotiation with. We haven't heard back. Our expectation is there probably are going to be some requested changes of the contact, so we are using our fairly standard, but there are, obviously, some particular clauses that are specific to the City of Meridian's needs, so we anticipate some discussion. Our hope is by your next regularly scheduled meeting we will have ironed out all of those wrinkles and be able to bring those to you. But you know how Meridian City Council i June 6, 2006 Page 26 of 120 lawyers are, sometimes that isn't always the way it ends up. But we hope that we can all -- certainly Mr. Borton and I would be more inclined to get that done quicker, but some lawyers aren't quite so amenable. But we hope to have it done before your next meeting. Rountree: I'd qualify that. De Weerd: Thank you, Mr. Nary. Council, any items -- any questions, comments for Mr. Nary? Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: FP 06-022 Request for Final Plat approval for 22 single-family attached residential building lots, 2 single-family detached residential building lots and 3 common lots on 5.87 acres in an R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC — 2640 N. Meridian Road: Item 10: FP 06-024 Request for Final Plat approval of 25 four-plex lots, 11 garage lots, and 5 other lots on 8.02 acres in an R-15 zone for Sommersbv Subdivision No. 2 by Liberty Partners, Inc. — Northeast Comer of West Pine Avenue and North Ten Mile Road: De Weerd: Items 9 and 10 are final plats, 06-022 and 06-024. We have received correspondence from the applicants that are in agreement with staff comments. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing that the applicants are in agreement, I move that we approve Item No. 9, FP 06-062 and Item 10, FP 06-024. Borton: Second. De Weerd: Okay. Motion to approve Items 9 and 10. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Councilman Borton, you need to step down on these two? Meridian City Council ! . June 6, 2006 Page 27 of 120 Borton: I do. De Weerd: Councilman Bird is going to be joining us late. Do you want to go ahead and move forward on this -- these two items or do you want to continue them until Mr. Bird has joined us? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: City clerk, can we take action on them without -- Berg: Madam Mayor, the quorum is concerned with opening the meeting. As long as you guys can make a motion and second it, I think we are okay. Rountree: Madam Mayor, my only hesitancy about not having Councilman Bird here is he was one of the councilmen that has concerns with this particular application. I think they have been addressed, but if he's going to be here, it would be wise to have him sit through this. Wardle: I agree. De Weerd: And, Mr. Berg, that was our understanding that he will be here. Is the applicant here this evening? Mr. Campbell, if you would come forward. I guess we are lacking one Councilmember. Would you mind if we continued this until later this evening, so that he can participate in the discussion? Campbell: He is coming? De Weerd: Yes. Campbell: No. We wouldn't -- De Weerd: Okay. Campbell: We would not have a problem with that. De Weerd: Okay. Thank you. Rountree: Thank you. Item 13: Continued Public Hearing from May 23, 2006: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline by Northwest Pipeline Corporation — 1301 Locust Grove Road: Meridian City Council • . June 6, 2006 Page 28 of 120 De Weerd: We will go ahead and ask that Councilman Borton is brought in. We will listen to Item 13 and, then, wait for Mr. Bird's feedback. Okay. I will go ahead and open Item 13. It is a continued Public Hearing from May 23rd on AZ 06-020. And open this with staff comments. Canning: Madam Mayor, Members of the Council, this is the Williams Pipeline Project. The property is located right there where the new Locust Grove overpass will be coming by. And this is only an annexation and zoning application. We do have a site plan of what they are proposing to develop. They are asking for annexation and zoning, because they will need to build a new building. This is their current structure and this dashed line is the new overpass line. So, you will see that their existing structure -- they are asking that it will remain, but they are going to move their offices to a new structure. So, they are requesting annexation and zoning, so they can get that construction underway. I do not have elevations. I apologize for some confusion in the staff report. It says we need a DA. We don't need a DA. I think staffs thoughts were that we do not need a development agreement in this case, because they will just be coming in with a certificate of zoning compliance. We have met with them, they are aware of what the DC requirements are. So, they are willing to abide by the new regulations, so we didn't see a need for a development agreement. And the Planning and Zoning Commission has recommended approval at their April 20th hearing. Wes Steel spoke in favor of the application. There was no one in opposition or commenting. There was no key issues of discussion, no key changes to the staffs initial recommendation, and to our knowledge no outstanding issues before City Council. De Weerd: Okay. Thank you, Anna. Any questions for staff, Council? Rountree: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Steel: Wesley Steel. 1250 East Iron Eagle Drive in Eagle, representing Williams Pipeline. De Weerd: Thank you. Steel: Madam Mayor, Members of the Council, we are in agreement with staffs comments and the action approved by the Planning and Zoning Commission. If you have any further questions, I would be happy to answer them. Otherwise, I have nothing else to add. De Weerd: Okay. Council, any questions for the applicant? What will the existing building be used for? You will be relocating your office. Steel: The existing building contains three uses. Their office portion. There are some file storage. And, then, a small portion is vehicle maintenance. So, the vehicle Meridian City Council June 6, 2006 Page 29 of 120 maintenance and storage will remain in that building, but due to the fact that the toe of the slope of the overpass is going to be within five feet of the building and adjacent to the building the overpass will be 17 feet high, with the traffic and the construction running back and forth, they'd like to get their offices a little farther away. So, the building -- De Weerd: I can certainly understand that. Steel: The new building is offices and the existing building will be maintenance and record storage. De Weerd: Okay. And the shaded area there, what is -- what is the use on that? Steel: Around the building is concrete sidewalk and patio. On the -- what would be the east side of the drive is a drain swale for the parking area. This will be the drain swale. And, then, this area is just sidewalk and patio. They have a meeting room here. They have employees from -- they operate the -- they are a transport facility for Intermountain Gas and they transport -- they are the pipeline that brings the gas from southern Utah through Idaho onto Washington. So, once a month they have in our office meetings where all of the field crews come in and they have a meeting area within the building. De Weerd: Okay. And how about the area to the north there of your existing -- Steel: This? De Weerd: Uh-huh. Steel: Oh, that's a gravel storage area. They have some minor pipe supplies that come in and out and so that's what that was proposed to be. It's the same way that the site has been used for the last 30 years. De Weerd: I know, but it is an opportunity to maybe not have it so prominently displayed to our 1-84 corridor. Steel: There is a piece of ground that's 50 feet wide that is between this property and the corridor. We are not right on the corridor. De Weerd: Okay. Steel: It is fenced. De Weerd: Okay. Thank you. Okay. If there is no questions, Council? Thank you. Steel: Thank you for your consideration. De Weerd: Is there any public testimony on this application? Okay. Seeing none. Meridian City Council June 6, 2006 Page 30 of 120 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the Public Hearing on Item 13. Rountree: Second. • De Weerd: Okay. There is a motion to close the Public Hearing and a second. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Do I have any discussion or a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, AZ 06-020, per staffs recommendation. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no discussion, Mr. Berg. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Continued Public Hearing from May 23, 2006: VAR 06-011 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11 -3E -4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat City Fireworks by Richard Handke — 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest comer of Ten Mile Road and W. Franklin Road: De Weerd: Thank you. Mr. Berg, were you able to get ahold of Councilman Bird? Okay. Thank you. So, we will go ahead and open the Public Hearing on Item 14, continued Public Hearing from May 23rd on VAR 06-011 with staff comments. Canning: Madam Mayor, Members of the Council, this is the Fat City Fireworks project. It is a variance application and similar to the one that you heard last week. It is for various locations. Those were listed in your staff report, but just to briefly go over it, the Meridian City Council June 6, 2006 Page 31 of 120 Albertson's parking lot on Cherry Lane. The northeast comer of Fairview Avenue and Meridian Road in the Albertson's parking lot. The west -- just west of Stonehenge Plaza northwest corner of Ten Mile and Franklin Roads. The Elixir Industries parking lot. And the southwest comer of Main and Franklin. So, a total of six sites. The applicant is asking for a variance from the temporary -- the temporary use section of the Unified Development Code, which limits temporary structures to 500 square feet in area. The applicant also submitted certificates of zoning compliance for the fireworks stands and for two -- the request is not just for fireworks stands, but for also two produce stands and two Christmas Tree lots. The produce stands and Christmas Tree lots would be on the latter two properties, those being the Elixir Industries parking lot and the Main Street and Franklin Road property. The original request was for 2,800 square foot on those temporary structures size. They have amended that request last week to just 750 square feet. So, we do not have elevations. The staff recommendation is for denial. Staff was not able to find that -- make the findings necessary to recommend approval. The UDC does restrict the maximum size to 500 square feet. You have granted exceptions to that, most notably last week you granted an exception up to 750 square feet and, then, last winter you approved one at 700 square feet for a separate sales trailer. I will I guess tum it over to the fire department to express their concerns as were noted in last week's hearing regarding this issue and their comment letter to you. De Weerd: Thank you, Anna. Silva: Madam Mayor, Members of the Council, just to reiterate our recommendations from last week. Number one, the fireworks stands we are requesting that they be limited to 200 square feet for tent size, 400 square feet for canopies. Canopies not having perimeter walls greater than 25 percent. The reason is that we just don't want to have a large quantity of fireworks, class C explosives, in any one location at any one time, because of the possibility that customers can tamper with unprotected fuses and cause a large fire to evolve. So, that's our -- the nature of our request. With that I'll stand for any questions should you have any. De Weerd: Thank you. Council, any questions? Okay. Is the applicant here this evening? Would you like to come forward. Please state your name and address for the record. Handke: My name is Richard Handke, 3565 West Muirfield Drive. De Weerd: Thank you. Handke: Okay. And I'm asking for a variance from -- I'm not sure if it's the city -- it's a new city zoning law now that's condensed it down to 500 square feet and I'm trying to get 750 square feet of space to operate a business. I have been doing it for 20 years in this town. We have been doing this business for 20 years and never had an incident or an accident as far as anything -- personal property or anybody -- you know, personal injury from doing fireworks in 20 years. I was aware of this new law change come -- when I went to do my new application permit for -- permits and stuff and didn't know Meridian City Council • June 6, 2006 Page 32 of 120 about this until about three month ago. And I'm trying to figure out, you know, the purpose and they are taking 80 percent of my working space away now, because we used to have 2,800 square feet and now we are condensed down to 500 square feet. I'm sure that Shaun, he's a business man, when you go and do this and, then, you take 80 percent out of the business, it makes it hard to operate and I'm just asking for a request. I know that we are a local company and that a couple other companies were granted that variance and I'd like to ask for the same. De Weerd: Okay. Thank you. Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Staff, any further comments? Silva: Madam Mayor, Members of the Council, one additional comment. Fat City did have a problem with a large tent that they had erected at the comer of Ten Mile and Franklin Road, essentially, last year and it collapsed and that was one of our concerns of why we are so concerned about the size of the tents this year moving forward into this Fourth of July. De Weerd: Okay. Thank you, Mr. Silva. Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think the applicant wants to make a remark on that issue. De Weerd: Okay. Handke: Yes. I would like to comment on Mr. -- De Weerd: If you will just state your name one more time. Handke: Oh. Richard Handke. De Weerd: Thank you. Handke: Sorry. I'd like to comment on Joe Silva's -- he is correct, we did have a tent on Tent Mile that did collapse on us, but I want to -- I want you guys to be aware of that was like a 70 to 80 mile wind that came through there and the guy that put up the tent is no longer in business. He sold his tent to another company and come to find out that tent was about 30 years old and should have never been put up in the first place. And that's about all I want to say. Meridian City Council . June 6, 2006 Page 33 of 120 De Weerd: Thank you. We appreciate your comments. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further comments, I move we close the Public Hearing on Item 14. Borton: Second. De Weerd: Okay. We have a motion to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor, question for legal counsel. If we were to have a motion to approve, would it -- the reason for the variance be to follow policy which we have set in prior applications of similar nature? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, the prior discussion and what the Council approved in relation to the other variance was exactly that, to be consistent with the Council's prior actions. I think Mrs. Canning stated in her staff report there was a 700 foot variance -- square foot variance that was granted in regards to a sale trailers and, then, the recent was 750 in regards to that. If that's the maximum size that the Council wishes to allow for these temporary sales facilities, then, yeah, as a basis of consistency that would be appropriate. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we approve Item 14, VAR 06-011, the amended version to allow structures up to 750 feet, to be consistent with prior Council action in requests of this nature. Borton: Second. De Weerd: Okay. I have a motion to approve Item 14. Discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg. Oh, excuse me, Mr. Berg. Yes. Discussion, Anna. Canning: Madam Mayor, Members of the Council, I believe one of the other findings we have to make is regards the consistency in -- the findings you adopted tonight for last Meridian City Council June 6, 2006 Page 34 of 120 week's hearing also included the discussion department to work on a consistent code and fo helped us make those findings last time. I don't consider that as part of their findings for tonight. earlier. I apologize. 4) about the commitment of the fire r staff to do a UDC change and that know if Council would be willing to Sony, I should have mentioned that Wardle: Madam Mayor, certainly that was the intent of the motion. In addition to that, I believe we had the discussion of this specific application being for fireworks and comments from the fire department, but to look at any extraneous uses that may -- Christmas tree lots and things like that that may be in the future, as part of our UDC change. De Weerd: Okay. Does that clarify that? Canning: Yes. Thank you. De Weerd: Thank you. Mr. Berg. Berg: Madam Mayor, if I could just comment, where we got the 750 square feet is what is in the fireworks permit code. So, it wasn't just pulled out of the air, it was with the consistency of that code. And, yes, I will work with the fire department to modify the permitting applications, too. De Weerd: Thank you. And that was part of the public record in discussion last week and clarifying what is allowed up to in the fire code. So, thank you for that clarification. Will you call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Continued Public Hearing from May 2, 2006: 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: Item 16: Public Hearing: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: Item 17: Public Hearing: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: Meridian City Council • . June 6, 2006 Page 35 of 120 Item 18: Public Hearing: CUP 06-012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street De Weerd: Thank you. Okay. Before I open these next items, Mr. Nary, as I understand it, I can go ahead and open Items 15, 16, 17, and 18 as they are all related? Nary: Madam Mayor, yes, you can do that. The only caveat is when the point of discussion of the items that -- I would like to make sure the Council is clear that they need to separate out the Comprehensive Plan discussion from the remaining -- for the actual project that's being presented to you. The issue before a court in determining whether or not it's appropriate to amend the Comprehensive Plan is whether the Council feels that there was enough evidence that this additional use or change in uses is appropriate and that's the Council's decision is whether or not enough evidence exists to do that. In theory you could approve Item 15 and not Items 16, 17 and 18. So, whether -- and the inverse is also true, it would not necessarily be appropriate to not approve Item 15, because you don't like the project, 16, 17 and 18. So, when you get to the point of discussion, if you can separate that out for the record and, then, that way the resolution that's necessary will have enough information contained in your record to support that change if that's what you decide to do. So, with that long answer, yes, you can open them all, just separate out the discussion at the end. De Weerd: Thank you, Mr. Nary. Rountree: Let's just do 15. That will make it easier. De Weerd: If Council would like me to just do Item 15. The thing is, a lot of the testimony would be related to the other items as well. Canning: Madam Mayor? De Weerd: Yes. Canning: If I might chime in to the -- the planning commission forwarded this to you with a recommendation for approval if you considered it consistent with the development application. So, they have asked you to specifically consider the development applications when you decide to approve this or if you decide to approve this. De Weerd: Council, it sounds like it would be applicable to open them all up. If there is no objection to that, I will go ahead open Items 15, 16, 17, and 18, a continued Public Hearing from May 2nd on CPA 05-006, Public Hearing on AZ 06-017, on PP 06-017 and CUP 06-012. We do open in this Public Hearing process -- Mr. Wardle? Wardle: As soon as you're done opening I have a comment. Meridian City Council • June 6, 2006 Page 36 of 120 De Weerd: Okay. I did want to explain that process of our Public Hearing. We do open with staff comments and allow City Council to ask staff any questions at that point. We will, then, ask the applicant to come forward and the applicant is given ten minutes. If the neighborhood has a spokesperson, they will also be given ten minutes to present their issues and we will also want to know who that individual represents. Then, we will take additional testimony that is not covered within the spokesperson and who they do not speak on behalf of. Final remarks will be given to the applicant for -- to answer any questions that came up during public testimony. And, then, Council will have an opportunity to ask staff any additional questions, close the Public Hearing, and there will be discussion among the City Council. So, with that said, Mr. Wardle. Wardle: Madam Mayor, for the record and by way of disclosure for the Council, I reside in the Woodbridge neighborhood on Gamer Street, which is adjacent to the property in question. While I have specific knowledge of the whereabouts, I have refrained from any discussions with either the neighborhood or the applicant and I do not feel that I have any sort of a conflict of interest, but I leave that up to the Council to ask additional comments or questions. De Weerd: Council, any questions for Mr. Wardle? Rountree: Fine with me. De Weerd: Okay. Thank you for that note. Anna? Canning: Madam Mayor, Members of the Council, this is the Conger Management Group Comp Plan amendment and Wells Street project and it is located on the south side of Magic View and, then, west of Wells Street. It does adjoin Woodbridge Subdivision, which is immediately west of the property. And as noted, it does -- the applications include a Comprehensive Plan Amendment, annexation and zoning, preliminary plat, and conditional use approval for a multi -family portion of the project. I will discuss the Comp Plan amendment first. The Comp Plan Amendment proposes to amend the future land use from the office designation to -- I thought I had somebody include that? Doesn't look like it. Currently it is an office designation on all these properties that -- or that front Wells and Magic View and they are asking to change that to mixed used community and is for the two parcels -- or two lots in the subdivision and the -- it's about 11.79 acres. The Comp Plan defines the office designation very narrowly. It is -- and there isn't -- there is not a lot of it within the city. It is to provide opportunities for low impact business areas. This would include offices, technology and resource centers, ancillary commercial uses may be considered, particularly within research and development centers of technological parks. So, it is a very limited designation within our Comp Plan and although our city code allows multi -family development as a conditional use in the limited office category, which you may wonder why they are not just using that, it wouldn't be consistent with the very limited definition in the Comp Plan for this office designation. So, everything that's allowed in the light office designation would not be appropriate within this office Comprehensive Plan designation, because it further restricts it. The designation that they are proposing is Meridian City Council June 6, 2006 Page 37 of 120 mixed use community, as I said, and the purpose of the mixed use designation is to identify key areas which are either in -fill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. So, having looked at those two designations, the Commission on October 17th of 2005, did recommend approval to the City Council, with the caveat that the -- it be accompanied by an annexation and preliminary plat application to be heard by the City Council at the same time, as noted previously. I did want to point out that if this application -- if the Council decides to approve this change to accommodate use, essentially, there has been interest in two other properties. So, if Council does move toward approval, staff would appreciate some guidance on how to direct future applicants or owners of property, in particular these to just north of this property we know are considering a similar Comprehensive Plan Amendment and we want to be able to give them good advice, although they are actually in the audience, so they will hear it tonight, but it will be helpful for staff. I'm going to move on now and talk about the actual development application. I think we have a nice view there. The development as noted includes annexation and zoning of 11.79 acres to an R-15 designation and, then, preliminary plat approval of 84 residential building lots and 14 common lots on 11.79 acres. There is kind of three different building types. That would be their mix of uses is the types of buildings. These are front loaded residential, with common drive here and here, and these are front loaded -- also front loaded around the perimeter. On the interior this is a MEW style development, so you have two private streets, you have the minimum 50 foot width open space. These would be -- these would front the open space and take access from this private street. So, the private street functions as an alley, essentially, in these areas. These with the dashed lines are the multi -family portion of it. They would be condo townhouse lots. So, very short private streets here -- or drive aisles. And, then, we have the condo development, or townhouse. The gross residential density is 7.12 units per acre. There is approximately 17 percent of the site is left as open space. The large interior open space includes a gazebo and, then, there is a pedestrian pathway system. The project does meet the multi -family standards, as well as the other UDC standards, particularly with regard to private streets in R-15 district. The Commission recommended approval at their May 4th Public Hearing, again, contingent upon the Council giving a favorable recommendation to the Comprehensive Plan Amendment. Dave McKinnon, Scott Beecham, Betty Pearcy and Dave Pearcy all spoke in favor of the application. Ernie Bader, Gene Fox, and Jim Recker spoke in opposition. The key issues of discussion by the Commission were the density, housing types, and elevations, potential cut -through traffic. That was with regard to the -- the development application, the annexation, zoning, preliminary plat and Conditional Use Permit. The key Commission changes to staffs recommendation, there were no big -- no significant changes there. The outstanding issue for the City Council really is the Comprehensive Plan Amendment appropriate. This was a lesser designation, even though it was a commercial designation, it was very limited, as I pointed out earlier. Office backing up to these folks is probably a lesser impact. However, staffs initial recommendation was favorable. We think that the -- that the applicant has gone to great lengths to design a workable project at densities that may be appropriate given the location on Eagle Road. So, it was kind of a hard call for staff in that we like to see the amount of design that went into this Meridian City Council June 6, 2006 Page 38 of 120 U project, but there is still the question of whether it's an appropriate Comprehensive Plan Amendment in the area. Given that I will answer any questions you may have. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, would you help me understand how this area fits with the medical zone that we have been talking about? Canning: Let's see if I can zoom out a little bit. We did -- we did intend to come up and include the -- the hospital here, so it probably -- that medical district idea. Maybe not a specific zoning category, but that medical district idea would come up the east side of Eagle and probably would include this area. These are -- it is fairly undeveloped fill. We are starting to see some movement. There is a brand new big building going on right here, so it is picking up, but it's not moving certainly as fast as some of the other commercial properties we have seen in town, but it is somewhat secluded. I think the applicant said this once before, so I will pass it along, to go along with that idea of the medical district, this may be appropriate housing type for folks that are coming into those areas that want to live close to the hospital. De Weerd: Okay. Any other questions, Council? Canning: I do have elevations. I'm song, I forgot. So, I don't have these labeled very well. I apologize. This looks like the townhouses. These are the front loaded units. Those are townhouses also. Alley loaded houses. There. I'm sorry. De Weerd: Thank you. Is the applicant here this evening? Good evening. Beecham: Good evening. Madam Mayor, Members of the Council, my name is Scott Beecham, 405 South 8th Street in Boise. De Weerd: Thank you. Beecham: Dave McKinnon is going to get into some of the details of the development applications before you tonight, but I want to start with a brief introduction to set the stage for the discussion. The purpose for the land use map change requested before you tonight is to provide for the introduction of a higher density smart growth development pattern consistent with the stated goals of the Meridian Comprehensive Plan. Specifically, our development proposal is for a diversity of housing types near employment centers and major transportation corridors. This development pattern fills a need between the high density four-plex and apartment housing, and the large lot single family homes currently being developed in Meridian. It allows for an affordable option for nontraditional families wanting to live and work in Meridian. The rapid escalation of Meridian City Council June 6, 2006 Page 39 of 120 land and construction costs has made it very difficult to find workforce housing in Meridian. For the first quarter of 2006 the average price of a new home in Meridian ranged between 250,000 in northeast Meridian and 475,000 in southwest Meridian. The homes proposed for this development will fill a need for housing in the 200 to 300 thousand dollar range. It will allow for the nurse at St. Luke's and the EI Dorado or Silverstone business park employee, to own and live in a nice home within a mile of their office. Our proposal is one that the Treasure Valley has seen a lot of to date, but it will be seen more often given the changing economic conditions per development. We are excited about this development and how it's come together, specifically with regards to the land plan and architecture on the different product types. We are confident that this is a project that the City of Meridian will be able to point to as a positive example of how higher density housing can be introduced in the existing neighborhoods in a compatible manner. Specifically, this property allows for a nice transition from the lower density single family housing in Woodbridge, Locust View Heights, Greenhill Estates, to the more intensive commercial development we are seeing along Eagle Road. With that I will close and tum it over to Dave, unless Council has any questions for me. De Weerd: Council, any questions? Thank you. Beecham: Thank you. De Weerd: If you will, please, state your name and address for the record. McKinnon: Thank you, Mr. Mayor -- Madam Mayor, Members of the Council. De Weerd: I'm song, my voice is not that deep. McKinnon: Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. De Weerd: You know you will pay for that. McKinnon: I will pay for that. If you have read the minutes and you have read the letter that I submitted to you, what I'm going to say is the same thing I said at the last P&Z meeting. It was shocking for them, as well as it should be shocking for you coming from my mouth. Read the staff report, I agree with everything in it. I have read the recommendation for the Planning and Zoning Commission and I agree with all the findings that they made at the Planning and Zoning Commission hearing. I agree with their conditions of approval. As Anna said, at the Planning and Zoning Commission meeting for the Comprehensive Plan Amendment, your planning and zoning staff had a hard decision to make whether to support it or to recommend denial of this project. They made the hard call after looking at the amount of design and depth that went into this development and said we will make a recommendation for approval, but we are only going to make that recommendation for approval if you come in with this project. At that time we came in with a project that looks very similar to one you see in front of you tonight with three major changes and these were changes that the Planning and Meridian City Council June 6, 2006 Page 40 of 120 Zoning Commission recommended to us. In addition to that, the neighbors who are all here tonight -- and just for clarification, I, just like Shaun Wardle, also live in Woodbridge, just in case anybody's wondering and I recognize a lot of my neighbors here tonight and we have had lots of meetings with them and I have had the opportunity to make friends and meet them while going through this process where I may have not had the opportunity otherwise. The three major changes that we made from the conceptual plan that we brought to the Planning and Zoning Commission were, first, on Magic View Drive we originally intended on having a traffic access to Magic View Drive. The neighbors were concerned that this would encourage cross -traffic and cut -through traffic through Woodbridge Subdivision. So, what we have done is eliminated the vehicle access and put a pedestrian access there. We wanted to encourage people to walk from neighborhood to neighborhood, not necessarily drive from neighborhood to neighborhood. So, we wanted to provide a cross -connection where people could ride their bikes and be able to go from one neighborhood to the other. Just if you have kids -- my kids in Woodbridge ride their bikes from place to place to other neighbors. We don't want to require everybody in the subdivision to drive anyplace. So, we made that for the big change. In addition to making this change, we decided that even though ACHD wasn't requiring one, we went ahead and commissioned a traffic study and in the traffic study they came out and said for this type of development you typically see 5.8 vehicle trips per day for each household. We have a hundred households on this plan. Originally when we went through the traffic study we had 108. After we met with your Commission, met with the neighbors, we reduced that down to a hundred. So, with 5.8 units per -- I mean 5.8 vehicle trips unit, it comes out to 580 vehicle trips per day. The traffic study came back from WGI and they said we believe that the great majority of the traffic that's going from Woodbridge and from this subdivision is going to the east and that's what the study came back and said people are going to 1-84 and to Eagle Road. That's where the jobs are, that's where the traffic transportation corridors are. So, a large majority of the traffic is headed this way. So, we felt if we got rid of this access point it would eliminate the potential for additional cut -through traffic through Woodbridge. So, we got rid of that. The second thing that we did is originally down in this southwest comer we originally had a big box concept down in this area, it was analyzed as a large mansion style home, a really large home. It's very large and massing. It looks like a mansion. And we decided, you know what, after meeting with the neighbors that really didn't fit a massing in scale in that area. It's a really cool product, it's really neat, Stapleton in Denver, they have done a lot of that across the street from mansions. We put six units in one of these mansions, you put it directly across the street from a mansion. Really neat, but big and massive and it doesn't fit the scale for what we have in Woodbridge and we are doing in the rest of this project. And so what we did is we took these lots that were all along Woodbridge and we decided, you know what, the best thing we can do here it to make those lots deeper and to make them wider and so they are more compatible with Woodbridge. And so we have gotten to the point now we have 16 backing up to 14 units on this side of the street. They are a little bit smaller, but they are deeper, they are 100 feet deep and they are wider. These are all single family homes. That first elevation that you saw just with one house that Anna showed a little bit earlier, that was those houses. There is 16 of those. The second thing we did to reduce density is originally we had anticipated doing some three Meridian City Council • June 6, 2006 Page 41 of 120 packs, tri-plex style homes with zero lot lines, so you have each end unit would be a for sale unit and the middle unit would be a for sale unit with zero lot lines in between. We said, you know what, that's just a little too dense, it doesn't fit with this area, let's go ahead on the perimeter, since people would be driving in, let's go ahead and change that, let's change those to a two-plex -- you know, a paired housing, but the lots are wide enough that you can actually separate those as well to single family homes. It just depends on the builder. And so the elevations that Anna showed you earlier -- we can go through those in a minute -- those elevations can either be attached housing or detached housing. We are showing them as attached on this drawing. On the interior alley loaded, you're going to find development code doesn't allow for alleys if you have no frontage for these homes, since we have had to do private streets here. These private streets are 24 feet wide. Each one of these houses has its own two car driveway and so you would have parking behind these units, in addition to these -- in addition to the garages for each of these units. These houses in the middle front onto an open space. That's something you don't see very often. It's kind of a different product. But down on the bottom we have some condos and those are the three pack type condos down on the southwest comer. The third real change that we made to this site was our secondary access. Down here we have a cul-de-sac that's actually not built. It's a dirt road. ACHD already owns the right of way. And so what we will be doing is building that right of way down in this location and being able to take access from this site. What we have done is tried to create a density by design. We didn't come in and say let's see how many units we can fit on this site, we said what fits on this site and, then, let's go ahead and design for that and after we have designed it let's tweak it some more. So, we have made a number of tweaks to this project. What we have got in front of you tonight we are actually pretty excited about -- there is a lot of dense projects that are out there. There is not a lot of dense projects that have a lot of design to them and what we have tried to do is create some designs that will actually work and be compatible with the area. I was in Woodbridge -- we want this to be a nice entry into Woodbridge as well. We have included a 15 foot wide landscape buffer along Magic View Drive before the fence, so just as you're coming on Crosstimber you have a feel of no houses fronting onto it. There will be no houses fronting onto Magic View. This would be an entry corridor into Woodbridge that's nice and landscaped. There won't be any houses fronting onto it, even those to the local streets. Anna, if you can go to the elevations real quick, to give you a real quick rundown of those elevations. Okay. Is that the first one? That's the first one. These are the houses that front onto the MEWs area. And these are the alley loaded. These are three units in this. You can kind of see a separation in the colors. One unit here. Another unit right there. Anna, if you can go to the next slide. Single family homes. These are the homes that back up to Woodbridge. These are homes that can be anywhere from 1,300 square feet to approximately 2,400 square feet. If you can go to the next slide. These are the condos. These are alley loaded. Again, these will be fronting out onto the street, so you won't actually see the garage. And if you'd go to the final. This is the paired housing. It, actually, could be split -- these homes could actually be split in two separate units on the perimeter. We are excited about this project. I have brought projects to you before that I haven't been excited about, sometimes you're just bringing them because that's what you have to do, and I will be the first to admit that. This is, actually, one of the Meridian City Council • • June 6, 2006 Page 42 of 120 projects that design has really been paramount on this issue and I'm really sad that Keith is not here, because he would really lay into me on that. That's the honest truth. This is a project that we believe that's a good design and we are happy to bring it to you and we think this will be a great project for the City of Meridian. It's near housing, it's near jobs, it's near a transportation corridor. This is the type of area you want to see density. You have a comprehensive land use map, you also have a Comprehensive Plan and in the verbiage of the Comprehensive Plan there is a number of items that talk about where you put density and Josh did a really good job in his staff report for that, saying you put it by the jobs and this is the area where all the jobs are in Meridian and you put it by where the transportation corridors are and this is the highest -- largest transportation corridors in Meridian and it's very close to those. With that I'd ask if you have any questions of me and ask for your approval tonight. De Weerd: Council, any questions? Rountree: I have none at this time. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. McKinnon, we are, obviously, considering a Comp Plan Amendment. Do you, by chance -- you mentioned just briefly the area in transition. Do you know any of the vacancy rates in the immediate area? McKinnon: Anna, can you go ahead and put up that slide, the aerial I handed to you at the beginning? It will take just a second. There is a lot of vacancy rate there right now, Councilman Wardle. Wow, that doesn't look real well. If you can maybe zoom in on that a little bit, Anna. Boy, maybe you can go to your slide, Anna that you had for the aerial for Magic View. That's not reasoned real well. Canning: Just call me Vanna. McKinnon: Thank you, Anna. Okay. Madam Mayor, Commissioner -- and Councilman Wardle, these three lots were one of the first subdivisions that I did when I worked for the City of Meridian approximately five years ago. They are zoned L -O. They have sat vacant the entire time, except for a Subway that's been built on that site. They are L -O. They are remaining vacant. The large lot right here, this was Winston Moore who constructed this building and it's still not at full occupancy. This, again, when I worked for the City of Meridian over four years ago when it was constructed. I did the final sign off on occupancy for that building four years ago. It still has another real estate sign out in front of it. Most recently a new sign was put out for Steve Busalacki. It seems -- if my memory serves correctly, he's also a radio personality, but I guess he's in real estate now, too. This L -O zone, nothing's built on this site. We have a couple of hotels and we still have some vacant uses here. The dentist office is located right here and we still have some vacancy in these office areas right here. One side interest -- this is the IUI Meridian City Council June 6, 2006 Page 43 of 120 • building. This is the large 43,000 square foot building that's going up. I believe it's a urology building. It's a very large medical building, to touch on the comments you had about the medical zone. I talked with St. Luke's a little bit about they are discouraged by the fact that they jumped across the street and the reason for that is they have operating facilities and they would rather have those people having the operations done at St. Luke's and that's the reason why they weren't allowed to build on St. Luke's property, is because St. Luke's wanted them to use that. So, they were a little bit discouraged by that. Medical uses by their nature are high traffic -- high traffic generators. They generate around 31 vehicles trips per thousand square feet. Typical office is 11. So, it's almost three times the vehicle trips for medical office as it is for typical professional office. And those are numbers that are generated from ACHD out of the trip generation manual. So, in talking with ACHD, this five acre piece with the 43,000 square foot building on it has 1,600 vehicle trips, roughly, generated by that one single building, whereas our project, with all 12 acres, would only generate 580 vehicle trips. Just an idea for traffic. If that was developed at a typical office standard, you would be talking about, oh, 43,000 square feet, that's 11 vehicle trips per thousand square feet, 400 and some odd trips if it was just office space at that size. So, medical office in this area would be a huge generator of traffic for what's basically a residential collector system right now coming out of Woodbridge. De Weerd: Does that answer your question? Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. I do have a number of people signed up, but I would ask is there a spokesperson for the subdivision? I see fingers pointing every which way. Okay. You will have five minutes each. Would you like to start? Okay. We will, then, let ten minutes between two or three of you. So, a total of 20 minutes. And whoever would like to start, please, come forward. If you will, please, state your name and address for the record. Recker: My name is Jim Recker. I live at 538 South Thornwood Way in Meridian. De Weerd: Thank you. Flecker: Madam Mayor and Members of the Council, I'd first like to say, Dave, you did such a good job I'm ready to vote for you. Scott did, too. I say that, because I want to be clear that this is not an issue of we are mad at each other or anything else, we have some honest differences of opinion. First of all, the Woodbridge residents are mainly concerned with the traffic that's going to be generated through the only route to Locust Grove. It's a residential neighborhood, in fact, if you -- I don't have one of those little pointy deals, but -- is there one here hiding or -- okay. Now, I got to get trained on all this, I guess. De Weerd: That's all right. Meridian City Council June 6, 2006 Page 44 of 120 Flecker: Okay. All right. Yeah. Road goes down through here, up around through here, right to the subdivision. These are all residents where children are playing, all that kind of thing. So, we are concerned with the traffic coming out of here and going back here and I'll speak to that. Woodbridge, that -- our addition happens to be a great little shortcut between Eagle Road and Locust Grove. Locust Grove overpass is not even open yet, you can only imagine what that's going to do. When that turns -- that will tum that neighborhood road into what we think is going to be a major artery. Major concern. A lot of kids playing there. Now, Conger did have that traffic study done and ACHD approved it and I do have a little beef with that. Their conclusion that most cars will want to go use Eagle, okay, the problem I have is that ACHD somehow called this meeting and a couple days before the P&Z meeting, we weren't told, so we weren't notified. I had previously personally met with ACHD on this issue and quite disturbed about a private meeting. Now, I'm going to hang that on ACHD, not Conger, for reasons that will become apparent later. But, nevertheless, I don't think that's right. I have my own conclusion that that particular study is invalid. Now, I looked at all the goodies, too, I'm an engineer myself, not -- I'm electrical, but, hey, I understand logic. But I looked at the studies and did some of my own things and I don't think it's valid because the conclusions are based on what's going to go on now and not what's absolutely sure to be at the opening of the opening of the overpass and all that kind of thing over at Locust Grove. Maybe they have some factors that we are not aware of, but this is not the place -- the P&Z is not the place to challenge that. I wish I had had the opportunity to talk with their engineers, but I didn't. Now, just plain common sense tells us that office traffic patterns will be more desirable than residential. During peak times, for heaven sakes, the offices are coming while the residents are going. Night and weekend traffic is right away a whole lot less. The neighbors definitely prefer office. I want to point out to you we didn't just say no to Conger's plan. In fact, we tried very hard to find acceptable solutions. Mainly to the traffic. Many other people, but I personally met with ACHD, ITD, city planners, et cetera, et cetera. One thing became very clear and that is there is no fix for the traffic problem, either on Eagle Road right there or through our deal. Now, it could have been earlier on, but this is one of those deals where things kind of got built and now we have got to live with what we have got to live with. The biggest problem we see is that development is too dense. Woodbridge has 279 residents on 80 acres and this puts a hundred more on 11. Now, that's mathematically a huge jump. Now, the other thing that I'm aware of and kind of interest in is Treasure Valley in general has a really sloppy growth history. I think we all know that. We tend to make plans, spend big money for them -- and I'm not picking on Meridian, I'm talking in general, and, then, change them at every whim. How about Eagle Road? I don't have to tell you about that. It's supposed to be a limited access, but look what happened, we allowed changes to the plan as everybody come along and says I need this, I need that, now we have got an unfixable problem. Eagle from 1-84 to Franklin is the busiest area of road in the state of Idaho. Wonderful. Now, I'm going to ask you guys, are we going to let this thing happen again. Now, we have got a chance to maybe deal with this. Are we going to let it happen again. You have a good Comprehensive Plan, we do, that the Woodbridge residents like. Not only that, many bought with the idea this would be offices here. I like that. And now we want to change the plan. We want to put density up around nine per acre, as opposed to 3.5 per acre where Woodbridge is. Medical is, of course, coming in Meridian City Council June 6, 2006 Page 45 of 120 and some of the stats on it, it depends on the type of medical office I should say, whether it's a doctor's office or whatever. But there is some other factors there. But it begs the question. If this ain't broke, why are we fixing it? Why are we changing the Comprehensive Plan that's a good one. That's our side. Now, having said that, I do want to say this: My compliments to Conger. I think they did, probably would do, a good job. They have done all the right things. Dave and Scott have made themselves quite available. They have had meetings with Woodbridge. I spoke and nun into some of these things in other counties and other states, for heaven sakes, before I moved here some 15 years ago, and I think they have done as good a job as anybody I have seen and, frankly, I have to say that, because if they had done a lousy job I would have told you that, so I feel like, you know, credit should go where credit is due. It's a good plan, but it's the wrong place. That's what we are going to say. It's still too dense. But if it has to be, I think Conger is a good choice. I also have a great deal of empathy for the owners, a couple of which are here right now, Dave and his wife. Good grief, they have got their horses running around out there, lived there 30 some years, I'm pretty near his age, I sort of understand those kind of things. They are literally being forced off their property, because of -- and taxes, I mean I hate -- I hate what's happened there. Now, I want to consider the future and here is where we need to really talk about this as a Council and we already heard it mentioned by the planners, city planners, how about the domino effect? There are more parcels, specifically up straight across to the north. Down below them is another 12 acres or so, and there is some stuff in there that could be, I suppose, but we could end up with some pretty dense stuff and it might be a dense mess and when you allow something like this, what safeguards are you going to put in place that the next folks bouncing along aren't going to put up something even more undesirable. Are we to expect more Comp Plan changes just down the pike, once more at the whim of whoever? If you nickel, dime, a little at a time, each may sound okay in its place, but in the end we get an unfixable mess and Eagle Road is as good an example as I could come up with. Your current plan is a good one and the residents at Woodbridge like it. I'm disgusted, too, with the almost cart blanches' approval of developments, especially with Ada County commissioners, personally. Also with the high property taxes, as our assessor said, we all enjoy that. I'm not alone. The primary election removed one commissioner and the other two better be looking over their shoulder. And so should all of the local leaders. We have got a problem here. I'm not telling you guys anything you don't know. I think the impact fees need to be hugely increased. Land costs have gone out of site. Large impact fees can be easily absorbed. I think we should not wont' about sellers can only make 400 instead of 500 percent profit. And property taxes, I saw you all shaking your heads, nothing to be said about that. I thank you for listening to me and I will take any questions. De Weerd: Thank you. Any questions at this time, Council? Rountree: I have none. Thank you. De Weerd: Thank you, sir. Flecker: Okay. I have a copy here. Meridian City Council . June 6, 2006 Page 46 of 120 De Weerd: Sir, if it's more convenient, we can bring this mike and you can sit down. Fox: No. That's fine. De Weerd: Okay. Thank you. Please state your name and address for the record. Fox: My name is Gene Fox. I live at 582 South Woodhaven, along with my wife Celeste. De Weerd: Thank you. Fox: And I will have some slides. They are not of my last vacation, but if -- I think that's my -- that's not my first slide. Canning: Sir, did you have the Powerpoint presentation? Fox: Yes. Canning: Okay. It will take me just a moment. Sony. Fox: All right. Well, during that period of time let me congratulate the Conger Group representatives, because they are always well prepared, they always make skillful presentations and they do such a good job that I believe they deserve a raise. Now, let me ask you fellows how can I best get you a raise, by condemning you or praising you? But let me start by paraphrasing Mark Twain who said -- allow me to paraphrase him a bit and say like the weather, everyone talks about traffic, but nobody does anything about it, except to make it worse. But there are big worses and there are little worses. What you decide on this evening will have an impact on Woodbridge for the lifetime of the community. I hope that that impact will not be one of the big worses. Okay. We are still not getting my -- my slides up, but I'll continue. Conger Group is proposing to construct -- oh, very good. This is -- this is my first slide and you can go to the second slide. The Conger Group is proposing to construct 102 units, although tonight I hear the figure one hundred. The Conger Group developed the Woodbridge community. They did a good job. They are justifiably proud of their work and even display photos of Woodbridge on their website. Now, these photos were not taken from their website, but these are similar shots to what they have. They did such a good job that we as the residents have been passionate in our defense of the community. Initially, it was our goal to prevent the requested zoning change, but most of us became convinced that a housing development is a better use of this property, so our efforts were turned -- were turned to trying to get a lower density. If the Conger Group wanted to build 50 or 60 units, then, I would stand before you in support of their project. May I have the third slide, please? The Conger Group is not obligated to meet with Woodbridge residents, but they did. They have stated that these -- they have stated that these meetings have resulted in a better product. I have no doubt that their product will be a good one, too dense from our point of view, but we, so it appears, have lost the battle of the density. Meridian City Council June 6, 2006 Page 47 of 120 They also state that they made concessions to Woodbridge concerns. They have pointed those out, so I won't repeat them very much. They eliminated an exit into Magic View, which was a couple hundred feet closer to Woodbridge than the Wells Street. The subdivision is that only ten percent of the Wells Street traffic will tum left to take advantage of the convenience of the Woodbridge corridor. We think that this is erroneous, but, then, we have apparently lost also that traffic battle. And the Conger Group added more trees to the specification and have given us some credit for design changes. We obviously affected their plans a great deal. Unfortunately for us, what we didn't get was much more important to us than some cosmetic changes. We did not get a lower density. In the beginning they wanted 109 units, then, they proposed 96, and finally settled on 102 or 100. We asked for a mix of single story houses, rather than a wall of two story units. We were reminded that we also have two story houses on our street, five out of 15, but, then, it was pointed out that we could always remodel our houses into a two story to match theirs. I really like that idea. We could have dueling second story windows. But the Conger Group was under absolutely no obligation to offer us anything. May I have the fourth slide, please? Right here is the property that backs up to the Wells Street development. And we ask what else did Woodbridge receive? We received about as much or maybe less sympathy and attention that I received as a youth many years ago. At that time there was a movie about a young fellow named David and his adversary Goliath. Because my youth was so many years ago, it may have been a silent movie. I made a sling like young David, but the only giant I slew was the back of my head. It hurt. In fact, it hurt a lot. My uncle told me that I would feel a lot better when it quit hurting and he was right. The hurt did quit after a couple years. The effect of being hit in the head tonight will last a lot longer than a couple of years. One member of Woodbridge community made a number of contacts with ACHD. You just heard him speak. The total effect -- total benefit of this effect was a single line in the ACHD report to the effect Woodbridge residents had noted some concern. No effort was made to examine these concerns. The Planning and Zoning staff were courteous, but they are tuned in more to working with developers, rather than concerned citizens. One staff member told me that there were some concerns about the ratio of open space in the Wells Street development. That concern was not voiced in the staff report at the P&Z meeting. The P&Z Commissioners were polite and insisted that our concerns would be given all due consideration. But the concerns were barely given any consideration at all. Our concerns cant' no weight and were barely discussed. P&Z was a quick cant'. We got skunked five to nothing. P&Z did their job and approved the project. And one of the Commissioners said this: The Conger project is exactly the kind of project that was being encouraged at the zoning seminars that we attend. Is there any wonder it was a quick jury. We tried to contact several members of the City Council, including the Mayor's office. We were told that this was inappropriate. I would like to congratulate you on the integrity of your political unit, because where I previously lived they did business the other way, which was bribery and political and buying of elections. The Woodbridge community never tried to block the sale of the property in question. The tactic was never discussed. Nevertheless, it has been suggested that such was our intention. The property owners wanted to sell and move on. I do not blame them. They are being taxed to a high degree and cars pass by their bedroom windows at all hours. Thirty plus years they enjoyed their property. They want Meridian City Council June 6, 2006 Page 48 of 120 to move on. The property should have been zoned differently when the master plan was first formed, but it wasn't. Now, they wish to sell and move on. However, their sale is based on the contingency of a zoning change. We have had object to this project and as citizens have voiced our objections. I was told that we are the cause of the traffic problem in Woodbridge. I'm still trying to figure that one out. I was told that I or we had not done anything good for Meridian, whereas this Wells Street proposal is good for Meridian. Let me tell you what good I and others like me do for Meridian. We bring passion to our community. We strive to preserve that which is important. We try to protect the quality of our community and Woodbridge is an integral part of the City of Meridian. This is our passion. But as we have lost at P&Z, so we expect to lose here at City Council, because all of it appears to favor the Conger Group. Now, the fifth slide, please. One or two remain for me and that is the boundary line between the two properties. In the very fine print of the Wells Street plat drawing is a statement that the existing trees will be removed and the developer will retain and protect the existing fence. These two items here make those statements. May I have the next slide, please? There are, in effect, two fences here. It would be good to know and understand the true meaning behind the small print, but there is speculation as to which fence is being indicated. And you know about this ambiguity to the fencing in the Conger Group and they state exactly what we had all assumed, that the Conger Group wishes to use our fence as their backyard boundary. And this is our fence. This is the existing fence for this other property. But we, the people, do not choose that they would use this fence. May I have the next slide, please? We choose that they should use the other existing fence and we have no objection to that solution. We don't mind that they have a scrappy wire fence, because we have a scrappy wood fence. The problem is our scrappy wood fence was constructed on our side of the property line. May I have the next slide, please. One of the Conger fellows stopped by my house awhile back. He sat on my fence to view the nature of things and wished that he had his camera so that he could record the view. This is what he saw. Now, the Conger Group was not proud enough of this part of the project to put in on their website with the other photos of Woodbridge. In an e-mail I received the statement fencing, if it is on the wrong spot, it is a problem and can be fixed. But a later e-mail disavowed any problems with the fence and I have received no more messages concerning this matter since then. I have been trying to discuss this property -- property line problem with Conger for several months, long before the last P&Z meeting. And the next slide, please. His property pin. This is the north side -- north side -- north boundary of our property. There are property pins that define the back ends of our property. Can I have the next slide, please? This is the south end. That little yellow thing there, that's the property pin. The pins are at both ends of the project and, then, there is one in the middle. May I have the third slide, please? Right there. It's hiding behind a leaf, but it's there. I was unable to access other pins that define each lot. This fence was built inside the property line because of the nature of the rose bushes, which must have terrified the fence builders. The fence could have been built on the property, but it was not. Now, the next slide, please. Actually, could you back up two slides. I doubt that the fence was built without the approval of someone higher up. My point here is that there is a lot of bramble and stuff between the two fences. Someone higher up. The Conger Group was the developer. Was the Conger Group responsible for this misplacement? May I have the last slide, Meridian City Council June 6, 2006 Page 49 of 120 please? There are 15 houses in this line. I have been able to contact 12 homeowners and they have all allowed me to speak on their behalf in this matter. May I have just a little bit more? De Weerd: Yes. You are summarizing, please. Fox: I'm almost finished. De Weerd: Okay. Fox: I don't know if my neighbors are red or blue state people, but I do know that they are all red, white, and blue people who have grasped the American dream, homeownership. The America dream sanctifies property and we pay a hefty fee for that sanctity in the form of property taxes. These are not fees that allow developers to take our land, whether it is one foot or one inch. And we do not choose to abandon this property. Not one foot. Not one inch. I spent some time at the P&Z office to determine exactly how our properties are defined and was instructed that each comer has a rebar pin. Even though the fence was built inside the property line, we claim this property as defined by these pins. To say the current fence is almost on the line or near enough to the line is not good enough. One might ask why is this foot or inch so important to us? This is the answer. The Wells Street project was basically crammed down our throats. Banged us in the back of the head, so to speak. I do not care if others think this is petty or amusing, but just don't claim our property. Of course, the Conger Group does not wish to build a new fence. They didn't want to spend the money. But here is a thought. Perhaps this is where the employee bonuses are to be found. The Conger Group does not owe us a new fence, because ours is scrappy. They owe us nothing, except for the recognition of the correct property line. But they own Wells Street properties a fence, either along or inside its own boundary. Now, they can use the existing wire fence or build a new wire fence, or build a new wood fence, we don't care what they choose. But I ask the City Council to do the right thing and require the Conger Group not poach on our property. Thank you. De Weerd: Thank you, sir. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for Mr. Fox, if he wouldn't mind. De Weerd: Mr. Fox. Rountree: You said in your testimony that the folks you represent had a preference for housing, as opposed to office in this area, and the gentleman previously indicated that there was a preference for office, as opposed to housing. Meridian City Council to 40 June 6, 2006 Page 50 of 120 Fox: Correct. I did say that. Rountree: Are you representing different groups of folks or -- Fox: No. We represent basically the same people, just some of us have come to one conclusion over another. Rountree: Kind of like the rest of us. Fox: Yeah. In truth, we do believe that it's best to have housing there. I think almost a hundred percent would say that. However, if we have this very dense housing, we'd prefer to have offices. Rountree: Okay. Thank you. De Weerd: Thank you, sir. Any other questions? Fox: Thank you. De Weerd: Thank you. Now I know there was one other spokes person, but the 20 minutes is used -- okay. Thank you. Thank you. Okay. When I call your name I will indicate for the record whether you are for or against. If you wish to provide new testimony, I would welcome you to come forward when I call your name. Celeste Fox. Against. Peggy Slayton. Against. Thank you. Rita Exline. Against. Thank you. Jack McKinney. Neutral. Thank you. Larry Hallstad. Against. Thank you, sir. Carman Hallstad against. Thank you. Steve Birch against. Thank you. Emie Bader against. Bonnie Robinson for. I will ask that you will state your name and address. Robinson: My name is Bonnie Robinson. I live at 715 Wells. Madam Council -- Mayor, Councilmen, I moved to that address about 23 years ago, until the 2000s when the Woodbridge Subdivision was developed adjacent. About a dozen of us neighbors lived on that dead end loop with the fox, deer, quail, pheasants, baby geese, skunk, gophers. They were the traffic. Today the traffic is from 300 or so homes that were put there partly because of location, one and a half miles from downtown Meridian, right in the middle of Meridian's largest employers and just down the road from Silverstone and EI Dorado, development which will create lots and lots of jobs. While the growth in my neighborhood has completely changed the life I had for almost 20 years, it has created an opportunity for a hundred more families to have affordable housing close in. Approval of the application before you tonight will not change the area dramatically as it did when Woodbridge was approved. It will only make a small percentage increase in all the elements Woodbridge brought with it. To put it in effect in perspective using raw numbers, the proposed project will have 1/75th -- that's 1/75th the impact on Woodbridge compared to the effect Woodbridge had on Magic View and not a single Magic View neighbor opposed the Woodbridge application. Woodbridge residents love their community for all the right reasons. It's well planned, well maintained, a wonderful neighborhood, close to jobs, services, travel routes, shopping, almost everything you Meridian City Council • June 6, 2006 Page 51 of 120 could wish for. The pending application will make the extremely desirable features available to a few more families. Because there was some information discussed on the record last fall concerning our original zoning request, I have also brought copies of the documents that were submitted by our neighborhood in 1999 requesting the zoning designation of mixed use. Thank you for your time. De Weerd: Thank you. Any questions from Council? Okay. Rhonda Olson. Signed up against. Thank you. Rich Allison. For. Okay. Allison: Madam Mayor and Councilmen, Rich Allison, 916 North Main Street. The only thing I'd like to point out is that -- and it's not being pointed out, is that approximately half of all the Magic View lots are designated for commercial general, not L -O, and the L -O, which we originally put in there, because I was part of the planning crew, was a transition zone. And under the existing transition zone that we had back in 1993. Thank you. De Weerd: Thank you. Okay. Lois Carlson signed up against. Thank you. Jennifer Barber signed up against. If you will, please, state your name and address for the record. Barber: Jennifer Barber. 688 South Torino in the Woodbridge neighborhood. De Weerd: Thank you. Barber: And I just wanted to make comment regarding Dave McKinnon pointing out the urology clinic and the traffic flow there and how much more that would be. I think the difference for the residents in Woodbridge is that that traffic will just go east to Eagle. but this neighborhood that goes in, we have Home Depot and Winco is on the west side of Woodbridge and all that traffic will likely come through our neighborhood at some point. So, I just -- I think that's an apples and oranges comparison. I just want to point that out. De Weerd: Thank you. I have someone who printed and I can't read it. Paul? A Paul Hann? Hohn? What's your last name? Holme. Thank you. Signed up against. Betty Pearcy signed up for. Pearcy: Madam Mayor, Members of the Council, my name is Betty Pearcy. I live at 675 Wells Street.. And I just have some comments that I would like to make. I have lived there 32 years. When I first moved there I was out in the country. There wasn't hardly any houses around. In fact, we were the first house in the Magic View Subdivision. Magic View Road was just a little turnaround. There wasn't a road going through there. Now there is a -- since Woodbridge came in there is a road going through there that goes right to the north of my property. And on the Comprehensive Plan, my husband and I served -- we went to the first Comprehensive Plan meeting when it was being done and we served on a committee and we went to many of the meetings. There were a few meetings we didn't get to, but we went to many of them. Meridian City Council June 6, 2006 Page 52 of 120 • And the people, like Bonnie pointed out, all of us in the Magic View Subdivision we signed a paper and sent it in asking for mixed use for our ground. And when we didn't get it, my husband called Planning and Zoning and he was told that each project as it would come in could be considered and -- because they didn't feel good in giving just a mixed use to all that ground, they wanted each project to come in and, then, it would be decided on the basis of each project as it was developed. And we just feel that that's the best use for the ground. It's quite a ways away from Eagle Road. There is a lot of commercial development to the east of us and commercial to the south of us and it's not really viable for office use. This is the best use. There has been a lot of things said about the -- the traffic and I don't -- I don't find the traffic that bad. I walk out there. I ride my bicycle. Many residents of Woodbridge Subdivision walk and ride their bicycles around by our house and also they all go east. There is a big -- in the mornings when I stand at my front window, it's like an exodus from Woodbridge, everybody going east to get on Eagle Road and get on the freeway. The majority of my trips are to the east, because that is where employment, shopping, entertainment, so on, is and I believe that the residents that would live in this area, that would be the direction that they were going. I also would like to say that they were talking about the ACHD meeting. There was a notice in the Statesman paper telling about the ACHD meeting. I read it and any -- you know, if anyone has a paper, they did do a public notice about the meeting. Also, I just -- I just would like to say that my husband and I have lived there 32 years, we raised a few horses, and we just would like the opportunity to sell our property and move ourselves and our horses to a more rural area. It's just become, you know, so much traffic and such a -- with all the development around us, that we just want that opportunity to sell and move to a more rural area and if -- if it's decided against, I mean it's -- the others talked about what an affect this would have on their lives, this will have a very big effect on our lives, too. Thank you. Do you have any questions? De Weerd: Any questions from Council? Rountree: I have none. De Weerd: Thank you. Dave Pearcy. Signed up for. D. Pearcy: My name is Dave Pearcy. I live at 675 Wells Street in Magic View Subdivision. Madam Mayor and the Council -- okay. I'm used to hanging onto one when I sang country music. De Weerd: Well, we can give you that one. D. Pearcy: I'm an old guitar player, so -- you guys will have to excuse me. I'm sorry. De Weerd: No. That's great. D. Pearcy: But my wife pretty well covered most everything that needed to be said. I do support the project. I went over it real careful. It looks like it's going to be a big asset to the city and the whole community and I think in time Woodbridge will -- if it goes in Meridian City Council June 6, 2006 Page 53 of 120 and gets developed like it shows, I think in time Woodbridge will really be proud of it, they will say, hey, we love this deal. I mean it's not that -- it's not anything that's going to hurt us. We've never complained about all the growth and about them and they come by -- you know, walk by my place, I'm always friendly with them. They look at my horses and, you know, even sometimes their dogs will run through my lawn -- I don't holler about it, I just say, okay, you know, it's just part of being out in the country and part of life and, you know, it's nothing that's going to hurt -- affect or hurt anybody, it's not going to lower their property value. I know that some of them pictures they took were kind of my old fence in the back, but I'm sure that Conger is just going to destroy that and wipe it flat and build a nice beautiful deal and that will look a lot better than them old rose bushes that's growing back there and that old tore down fence and I know it's going to be better than them old hogs that could go back there, you know. But anyhow -- I didn't mean to say that. Rountree: Sure you did. D. Pearcy: No, I didn't mean to say that, but it just slipped out. De Weerd: We know how that goes. D. Pearcy: So, that's all I have to say and I really appreciate everybody and your patience with me and putting up with me and I'll get sat down and get out of here. De Weerd: Thank you. Those are the names that I had signed up to testify. Is there anyone else who would like to provide testimony on this application? Okay. Seeing none, would the applicant like come up for wrap-up remarks? Beecham: Thank you, Madam Mayor, Members of the Council. That's a tough act to follow. I don't sing country music, but -- on a point of clarification, there is a couple in the audience here that we need to thank for the Woodbridge community. It's not me. I was happy to be a part of the team. I think Jim Conger would say the same thing. But the O'Neals build great neighborhoods. I guess the unfortunate thing of building next to that or proposing a project next to that is they actually build or create better communities and homeowners associations. So, it makes you work pretty hard for it, but I think we have had a very positive process with these neighbors. The first few meetings that we had we had probably close to a hundred people at the first one, close to 50 at the second, we are down to a handful of people who still have some very legitimate concems, but I think at the end of this process we are pleased and I think many of the Woodbridge neighbors are pleased with how its progressed. Traffic, obviously, is a major issue. There is an irony to this, in that the Woodbridge neighbors are concerned about the traffic and opposed to this higher density residential development because of the traffic it will generate, the alternative generates much more traffic. Dave alluded to that. The numbers are very real. The patterns may change, the time of day that that occurs, and days that it occurs may change, but it is a much high impact for office. And that just doesn't apply to this piece of property, but everything that happens in that Magic View neighborhood. Cut -through traffic was a specific Meridian City Council • • June 6, 2006 Page 54 of 120 concern. We will look at it -- especially after talking to the property owners, as a much larger neighborhood. We look at it as a neighborhood bounded by Locust Grove and Eagle Road, the interstate, and Franklin. So, the folks in Magic View suffered from the same cut -through and I think what our traffic study showed it they actually are taking the burden of the cut -through today, but if you look at the neighborhood on a whole, not just Woodbridge, it doesn't stop at that Woodbridge subdivision line, the traffic patterns will generally flow east, residential patterns will flow east to the employment centers and services. Office, according to our traffic engineer, would actually send a higher volume of traffic to the west through Woodbridge, because of all the residential development happening in northwest Meridian. That, again, according to our traffic engineer, who I think did a good job, you can always play around with the numbers a little bit in terms of -- not manipulating them, but reviewing them and analyzing them, we think he did a good job. Washington Group International has a great reputation. In terms of density, it's another piece of the irony with the traffic, if we were to reduce the density; they actually applied to a single family detached neighborhood. They actually apply a high traffic generating ratio to that. So, our development will generate 5.8 per unit, per Dave's comments. Single family detached development will generate 9.7, 1 believe, is the current number per unit. So, you reduce it by 50 percent, you reduce the number of units by 50 percent, it's a 10 percent reduction in the traffic generation. So, it's a bit of a challenging issue there. We really want to concentrate on a design driven approach, a good project, in a great location. The neighbors have talked about their interest in -- or the owners of there properties have talked about their interest when the Comp Plan was being developed. They wanted the ability to be flexible with the market. They were told -- and it makes sense, that bring it in on a case-by-case basis. The City of Meridian has been talking about this for a long time now. We want high quality, design driven density in this city. Putting it close to employment and major traffic corridors makes sense. Just as a point of reference, we are talking about 8.9 units -- or 8.5 units per acre. So, this isn't a high density development, but it is higher. What we did is try and design the project to minimize the impact on the existing neighbors and I think we have done a good job of that. With that I will turn over the remainder of the rebuttal to Dave. De Weerd: I don't think you have much time left, Dave. Twenty-nine seconds. McKinnon: Madam Mayor, Members of the Council, Dave McKinnon. 735 South Crosstimber. I'll slow down. It's been fun working on this project. We think it's a good project. We've had a lot of time to work on this project. We've had seven or eight months since this project got moved to you with a Comp Plan amendment. We think it's the right place at the right time. Things have changed. Land prices have gone through the roof. You can't afford to build on large houses for -- large lots forever. We feel that the time is now for putting in the houses near the employment, near the transportation corridors. Ask if there are any questions. De Weerd: Any questions, Council? Borton: Madam Mayor? Meridian City Council June 6, 2006 Page 55 of 120 De Weerd: Yes, Mr. Borton. Borton: Dave, let me, I guess, start by saying regardless of this project, nothing is more pleasing to hear than the people give great compliments to you and to Scott, so I commend you both, regardless of what happens to the outcome, people might agree to disagree. I do want to say that. That's a pretty impressive list to take the time to try to address concerns from a hundred people down to much less, so that's fantastic and I appreciate both your efforts for doing that. One of the questions -- I didn't see in the P&Z minutes, I think you had mentioned this as 24 foot wide and are there also 24 foot driveways? McKinnon: Yes. Borton: Is that going to be a 60 foot swath of concrete? McKinnon: That's, essentially, what it becomes. Borton: The reason I ask is referring to other types of projects and discussions on 16 feet, maybe they can go up to 20 feet and I haven't heard 24 feet. Is there a particular reason why it's wider? McKinnon: There is a particular reason. Joe Silva is here and he might want to jump in on this. It's a fire department issue. We have no streets that front onto these houses and you can't get a fire engine on an alley typically and Joe wants to make sure that we have got a 20 foot apron behind the garage, so that vehicles are parked completely out of that area and you can still have two lanes of traffic. So, if Joe needs to bring a fire truck in, he can park it, he can pull out the extenders -- Joe and I have talked about this a bunch of times. We have worked on some PIG processes, it's all the UDC stuff we went through. He's got extenders on the sides of those trucks, he wants those to be able to fit on asphalt, instead of being in somebody's yard. De Weerd: We have heard the story. McKinnon: I'll stop. Borton: On behalf of Councilman Bird we appreciate it. Rountree: Yeah. In his absence. Borton: I was just -- I was curious 24 versus 20. The other question I had is -- I couldn't read this language, is it six foot cedar all the way to attaching to the Woodbridge fence on the southern border? McKinnon: That's correct. Actually -- do you have the landscape plan, Scott? These are actually fronts of houses; right? This is all, actually, front yards of these people's Meridian City Council June 6, 2006 Page 56 of 120 houses. Don't envision a six foot fence along this. This is, actually, the right of way right here as you're fronting on the right of way. Borton: Okay. McKinnon: So, there is, actually, front yards right there. These are alley -loaded product. Borton: Okay. McKinnon: That's the unnamed cul-de-sac that's not built. Borton: Okay. Rountree: And address the fence. McKinnon: Address the fence. I went over and took a look at the fence, jumped up on the back of -- that Gene's fence and those pictures that you saw are exactly the same ones I said I wish I had a digital camera to see. It's a fence, the six foot cedar fence, it's a few years old, we all know how cedar fences age and that's just what cedar fences do. It's not the greatest fence in the world, but it's not the worst fence in the world, and it may be off by a foot one way or the other. Gene's pictures showed that pretty well. Got up on top and looked. We couldn't see anything from when I was over there and Gene went out and took a look at that. I've had a little bit of experience with property line fences and property line fences very seldom do you actually find those exactly on property lines and you got a four inch post you put in, you got to put in the fence on one side of the four inch post or on both sides and so there is always going to be a little bit of variance on that. We do plan on taking down the post and rail and the post and wire fence. That's -- we don't intend on keeping that, as Gene suggested possibly. Particularly a party fence is separating, but it's not always property line, just because a fence isn't on the property line doesn't mean that that property is abandoned by somebody, that in the future when a new fence is built it could be built on the property line. My first home I ended up having to replace 120 feet and realized I had 18 more inches of land once the fence got rebuilt. So, it can happen. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: So, if I can try to decipher what David just said is that you're not proposing a fence? McKinnon: Replacing a four year old fence -- or, actually, I don't even think it's four years old yet. It may be three years old. It doesn't seem to make logical sense to me, but if that's something you'd like to see is for that fence to be replaced, it will be Meridian City Council June 6, 2006 Page 57 of 120 replaced and it can be a six foot cedar fence. The Woodbridge homeowners association, which I'm a part of, won't allow anything but a cedar fence back there. De Weerd: We have seen wars over fences and fence property lines, so it is important. Because I usually get the phone calls. So, I'm sure this Council will address that. McKinnon: That's fine. De Weerd: Thank you. Any other questions, Council? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: If I could comment on Councilmember Borton's question, the big difference is that an alley provides secondary access and none of these lots here have primary access and that's why the alley is a private street and why it's wider. Borton: Thank you. De Weerd: Okay. Council, any other questions? Rountree: Madam Mayor, if I might impose on Gary, since he's here tonight, we'd like to have him not just sit in the audience. I have a question, because it seems a lot of issues relate to traffic and, unfortunately, we have public streets that are open to public traffic and one of those streets happens to be in question here. Is there anything or has anybody approached ACHD with some type of feature that can restrict traffic flow in certain areas to make it less desirable to utilize the neighborhood streets as an alternative collector? I believe the street in question probably was designed as a collector or at least a portion of it. Has that been contemplated, talked about? Not that you're aware of? Inselman: Councilman Rountree, Gary Inselman representing ACHD, 3775 North Adams, Garden City. Our traffic department has studied the area during the -- I believe the construction of Woodbridge and for awhile after that we had some portable speed bumps out in Magic View. It was intentionally built with Woodbridge to not have a continuous collector between Locust Grove and Eagle. I believe that -- if I recall correctly, at the request of the developer of Woodbridge of concerns over these issues and findings that our commission made on the action on this preliminary plat was that the traffic from the proposed development would be compatible intra -neighborhood traffic, just as the Woodbridge cars traveling down Magic View in front of this development would be neighborhood traffic. If there is a problem in the future, we would be happy to study it more, but there is no proposals right now to try to incorporate any design features to -- Meridian City Council June 6, 2006 Page 58 of 120 Rountree: What kind of volumes would you anticipate on this system and are those volumes consistent with the design criteria that are there? Inselman: To my knowledge the volumes were consistent with our standards. I don't have the number off the top of my head. Rountree: Okay. Possibly David has those. Thank you. De Weerd: Gary, while we have you up here, I guess I'm curious is there a long-term plan for a backage or frontage to 1-84 through that older subdivision that would anticipate at some point would redevelop? Would there be an opportunity or any conceptual ideas on how you could set up a better route to -- to collect the traffic to Locust Grove? Inselman: Madam Mayor, we have not studied a potential frontage road along the freeway through that existing sub to the west. No, we have not. De Weerd: You would be considering stubs, though, if something were to develop to the south of this piece of property, would you not? Inselman: Yes. With each development application we would consider stub streets for future connectivity. De Weerd: Or encourage stubs I should say. Inselman: Yes. De Weerd: So, that would create possibilities. I mean there is a possibility at some point for a connection to Locust Grove that would be more appropriate than through a neighborhood? Inselman: Well, again, Madam Mayor, it depends on the -- De Weerd: It's speculative. Inselman: -- mix of traffic. We try to separate commercial from residential traffic. In this case we are talking about two different residential developments. As you know, it's a very difficult issue, stub streets and connectivity. There was, actually, an opportunity to connect out of Woodbridge to the north and that was posed by the existing development to the north. Another stub street to the north out of that same development that we would hope to get a connection to in the future, the development of those lots to the north gives people alternate access, so they are not all traveling down the same road. But those are the battles we have to fight one by one on each individual application. De Weerd: Okay. Meridian City Council June 6, 2006 Page 59 of 120 Canning: And, Madam Mayor, there are no stub streets in this county development. De Weerd: No, not today. Canning: Yeah. De Weerd: Thank you. Dave, did you have additional information? McKinnon: Madam Mayor, Members of the Council, Councilman Rountree specifically, after our ACHD meeting, at the direction of the ACHD commissioners, we went outside with John Lawson, one of the traffic people at ACHD and in the last two weeks we had them put out -- hi, Councilman Bird. And we had them put out some traffic counting devices and some traffic speed counting devices. They had them put on Bowstring, which is this place right here right out in front of the Whitney's house and the -- I forget the neighbor across the street -- to count the vehicle trips and you count the speed. And the reason for the speed was to justify warrants for speed bumps within the subdivision. They also placed traffic counters here, it's a series of two tubes so you can count the number of vehicle trips and they left them out there for four weeks straight, find out how fast people were going and how many people were going. Traffic numbers came back consistent with our traffic study. In fact, those traffic numbers came back consistent with the original traffic for Woodbridge. The thing that was surprising was actually the speed. Eighty-five percent of the people are traveling 27 miles an hour or slower within the subdivision. The posted speed limit is 25 miles per hour and so people are actually traveling less than that. When I went to pick up the results from John Lawson, he kind of clapped me on the shoulder and said I wouldn't count on any speed bumps in the neat future. People aren't going through your subdivision fast enough. But in addressing the other speed bumps that Gary said were in temporarily, there is one on Magic View in this location. There is two temporary ones that have been removed. Unfortunately for myself who doesn't like speed bumps, those temporary speed bumps that were removed are going to be replaced in the future. ACHD is going to be doing a lift on Magic View sometime later this summer and they will be replacing those with two asphaltic speed bumps and so there will be speed bumps that will remain on Magic View. The only other thing that ACHD has -- I guess that Gary didn't touch on, is that this access strip we have for Magic View Drive, with all the construction on Eagle, you can no -- well, you never were supposed to make this left-hand tum out, some people did, but you can no longer make a westbound tum off of Eagle Road when you're headed southbound. And so that's eliminated some cut - through traffic. In order to cut through Woodbridge you now have to go down to the stop light, wait for a light, come around two speed bumps, stop sign, speed bump, stop sign, and, then, back to the subdivision. So, ITD has eliminated some of the cross -- cut-through by eliminating the access off ITD. De Weerd: Thank you. Any further questions, Council? I will note for the record that Councilman Bird has joined us. Welcome. Bird: Thank you. Meridian City Council 41 June 6, 2006 Page 60 of 120 0 De Weerd: Council, any further questions for staff or the applicant? Rountree: I have none. De Weerd: It looks like one of the spokespersons would like a word. Council, would you like to consider further testimony? Rountree: If it's new. If it's -- De Weerd: I guess I would have a question for Mr. Flecker anyway. Please come forward. You need to wait until you're -- if you will restate your name and address. Flecker: Jim Flecker. 538 South Thomwood Way. Got to do that every time. I realize that. I'm following Dave. You asked the gentleman -- Gary or -- if anybody had addressed that. Oh, yeah. Gary Little and one of your other engineers met with them in that regard and that's -- the reason I want to mention that is because I think the hang up here is ACHD -- or Ada County, because going north up into the other subdivision, there was money paid I'm told by Jim Conger to open that one off of Bowstring and the people didn't like it, so it's just plugged. And we have got another opportunity come along there, but I'm told that Ada County, as long as people complain, they are not going to do it. So, no, but this has been addressed. And I'm basically told, yeah, fat chance, go for it if you want, but fat chance. Same with the access roads. I'm told that anyway to get an access road down along through there is somebody is going to have to buy all the homes along the interstate. ITD tells me that there is not enough room to do an access down along the freeway or give up any kind of land because of their widening considerations. But the answer to the question was, oh, yeah, we talked about that, but I suppose it didn't get up to you. De Weerd: Mr. Flecker, I do have a question for you. Flecker: Sure. De Weerd: As Councilman Rountree had asked Mr. Fox, he's in support of residential at a lower density. You are in support of office. So, can you tell me who you represent? Mr. Fox had shown on his slide the houses that he had talked to in those -- Flecker: Oh, okay, I think that's fair. I think -- the answer to that is both are true, because here is what's happened. First of all, they wanted offices. Now, some people came around and said, look, Conger did a good job. They are going to put a good quality product there. Nobody's arguing that. People said, look, if the density comes down, we would be in favor of these residents. But they are not in favor at the higher density. Gene, did I represent that correctly? Okay. So, the answer is yes and yes. It sounds a little different, but at lower density residence, we are a happy camper. At this density, offices. And most of them fit that, so if I have answered your question. Meridian City Council June 6, 2006 Page 61 of 120 De Weerd: Yes and yes. Yes and maybe not. Flecker: Well -- De Weerd: I do understand. Flecker: Yeah. It's been an evolution, too. And they have worked with us. And, you know, nobody is arguing about their product. I remind you of the domino effect. I think that's a huge concern. De Weerd: Thank you. And you are always allowed the last word before I close the Public Hearing. Do you have any further comments? That is always scary to give you, Dave. You don't have to take it. Okay. Rountree: Thank you. De Weerd: Thank you. Okay. Council? Rountree: Madam Mayor, hearing no further testimony, I move we close the Public Hearings on Items -- I have lost my agenda -- 15, 16, 17, and 18. Wardle: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 15 through 18. All those in favor say aye. Let the record note that Councilman Bird abstained. MOTION CARRIED: ALL AYES. ONE ABSTAIN. De Weerd: Okay. Discussion, Council? Wardle: Procedurally, Madam Mayor, just to make sure that we are -- Mr. Nary, considering Item 15 before we consider the -- De Weerd: Because my answers are always shorter than an attomey's, yes. Wardle: Okay. Thank you, Madam Mayor. Nary: I would concur. Bird: I'd second that. Wardle: With that, I will begin my -- my comments on the process from the Planning and Zoning Commission and certainly echo the neighbors comments about working together with a -- or the developer working together. This has been kind of a cluttered process in the sense that we have a Comprehensive Plan Amendment, the Planning and Zoning Commission asked that we consider a full application with that and that's Meridian City Council June 6, 2006 Page 62 of 120 0 what we have here this evening. So, having heard all of the comments, I think that just to recap for myself, the neighborhood has been happy with the developer's product and the promise to deliver on that product and I don't think I heard anyone disagree that that would -- that would happen. And so I now consider the Comprehensive Plan Amendment, I guess, is the first that I have to do in my mind and when I asked specifically whether there was a large vacancy within the area for office, I heard two answers. I heard, one, there was a lot of bare ground and, then, I heard that someone was building a 43,000 square foot facility that we had approved recently. So, I have to consider whether -- whether this needs to be taken out of, essentially, the zoning it's in, into a mixed use to allow housing and so for me the burden of proof is really removing the office of the commercial designation from the inventory that the city has available. And I'm having a difficult time getting to that point. De Weerd: Okay. Thank you, Mr. Wardle. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A good portion of what Councilman Wardle said -- or not a good portion, a fair portion of what he said I guess I tend to disagree with. I'm not sure I heard great amounts of support. There was certainly indication of appreciation of the applicant trying to address concerns of the neighborhood. But, to me, the first issue we have is the Comprehensive Plan Amendment. And I go back to the first question I asked Anna, is how does this relate to what it is we are in the process of trying to create in this area as it relates to a medical complex, a medical district, and how do we speak of that in -- in turn and tum around and speak of changing the potential land use of this area. So, I'm in the same spot Shaun is, except I think I'm a little more firm. I think that we probably are right on at this point with the Comp Plan map for office in this area. I would like to see the city pursue the medical district idea further and I believe we are doing that. I have a sense that that probably will stimulate some additional office activity in this area. The concern for the proposed use and the adjacent neighborhood as it relates to traffic, my guess is is that whatever is proposed on this piece of property we will hear the same comment on any and all future applications, because any growth in that area, whether it's residential or office or commercial or whatever, is going to have some people utilize public streets as public access and there is not much we can do about that, other than try to discourage them through whatever apparatus or infrastructure modifications that are made on current streets. I think David pointed out the most recent modification to Eagle Road that eliminates the left-hand turning movement into this area off of Eagle Road and the future concepts that ultimately we hope some day will be on Eagle Road. So, at this point I'm not -- I'm not opposed to what's being proposed in terms of a product, I'm opposed in terms of I think I would like to see this area turn into the area I think it can be in terms of a support facility for the medical district concept that we have been talking about for a number of months. So, that's where I am with Item 15 and depending on where we go with it, 16, 17, and 18 might be moot. Meridian City Council June 6, 2006 Page 63 of 120 De Weerd: Thank you, Councilman. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I take a much less firm position on the amendment that's requested and what might take place with this particular project and I, in light of Councilman Rountree's comments and what could take place in this region and the medical district potential there, I, actually, see this as being an asset -- this particular change being an asset to the completion of that type of project. I agree that the traffic concerns that are expressed would probably be concerns no matter -- or be brought forth no matter what takes place on that particular property, but it is a unique opportunity to provide a housing product, a residential product adjacent to or right next to some heavy appointment centers and transportation opportunities, while there is -- I would be hesitant to make changes to the Comprehensive Plan at the whim and change as market factors which change quicker than we can control and probably than we wish. I do see this change in this particular parcel as being one that can benefit the development of the entire region, it's an amendment at least with regards to -- talking about Item No. 15. It's an amendment that in the whole I can support and I do think it's going to be a benefit to the region. And I don't make light of the change to the Comprehensive Plan and how we try and forecast where the city is going to go over the years and decades and -- but this is one that at least from what I have seen seems warranted and probably will leave the city in a much better place. De Weerd: Well, since Councilman Bird has not heard all the testimony and cannot comment on this, I will say since both Councilman Bird and I were part of the Comprehensive Plan change and all of -- I think I saw you every meeting that we had and the design of this area was -- was more commercial. And even with the mixed use, when we look at mixed use, we -- it is a mixture of uses, not by property parcel, it's to see a more Comprehensive Plan of how all of that mixed use will interrelate to each other. So, I don't think this is what the intent was even when discussion was on mixed use. I can say this -- this project and the quality and the uniqueness of it would be welcome anywhere, but if I remember Mr. Allison had said that we kind of did talk about a transition. Woodbridge did exist when we were going through the Comprehensive Plan and this isn't my idea of a transition and it's a quality project, I think that the neighbors understand that, too, and sometimes you almost have that forewarning, be careful what you hope for. We saw that in another part of Magic View and I think maybe they wish that they had gotten what they had come to testify against. So, with that said, I agree with what's been said. I believe there is a market and we are trying to get a targeted effort to bring quality jobs and businesses into this area. One thing is Woodbridge will have to deal with cross -through traffic, whether it's office or whether it's residential, that traffic will be there. But I think we as a city also need to be committed to looking at future potential opportunities with how that area also redevelops to make sure we do have a functional loop not through a neighborhood, but as some of that area Meridian City Council June 6, 2006 Page 64 of 120 redevelops. So, I know I won't be tying any votes today, but I did have to give my two cents worth. Which has been inflated since Mr. McQuade was here to at least a dollar. So, Council, what is your desire here? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Just a question for legal council. Mr. Nary, if we were to make a motion to deny the Comp Plan amendment, would our findings be inconsistent with the Comp Plan or -- does that make sense? Nary: It does. Madam Mayor, Members of the Council, Councilmember Wardle, state code doesn't require finding specifically be made. The findings that -- or I guess the analysis that has been previously used by this Council on these types of occasions is exactly as you stated, was it appropriate in relation to all the Comprehensive Plan, is there enough evidence that it is the appropriate time to amend the Comp Plan or not, the proposed uses or expansion of uses are consistent with other surrounding area uses that are proposed or already approved in that area, whether or not enough time has elapsed to consider that, all of those things are pretty much within your purview to decide on, your basic -- the basic finding -- or the basic decision point is whether or not you wish to amend your plan at this time or leave it as it is. One Council member used to state that what was previously planned was appropriate and there wasn't a necessary to change it. De Weerd: Thank you, Mr. Nary. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just for the purposes of continued discussion, it's along the lines of the benefits that I have outlined before, that I see this particular project. With regards to transportation and creating congestion on roadways and longer trips, another asset that I see with this type of amendment and particularly this type of project is an opportunity for those employees, hundreds and hundreds and hundreds of them, which will be working within a quarter mile, if not a half mile from this particular project to have housing near employment and relatively speaking affordable housing, compared to what the market is bearing with other types of products. So, the people that will be employed in the commercial areas in the medical district are going to be living somewhere and coming from somewhere and if they reside miles and miles away, there is a greater burden on our traffic and transportation systems than would be if this type of amendment and product were included. De Weerd: And, Councilman Borton, I appreciate those comments. I agree with them. But, again, if it was a mixed use package that you could see how it would interconnect. Meridian City Council a June 6, 2006 Page 65 of 120 I guess I put myself into the property owner on the other side of the fence, when I bought that house this was not residential and it was not marked high density. When I bought that house this piece on the Comprehensive Plan, if they went in and looked -- and, believe me, when I bought my house I didn't know there was a -- such a thing as a Comprehensive Plan, but this was not designated for a high density and I guess that would be more my concern. And see how it works within the bigger picture, like a mixed use development would -- would be considered. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If I can just also respond to Mr. Borton's comments. One of the things as we look at this medical districting and we look at viability of eventually creating a cluster of businesses, one of the things that can constrict and certainly ward off any efforts that we may have would be a lack of opportunity within real estate to make those things happen. A lack of opportunity for offices. And so while I'm certainly sensitive to affordable housing and to housing the people that will be working in those industries, I think we have got an opportunity here that was thought of before within our Comprehensive Plan that should stay. And just also for the record, whatever develops here will general traffic and, certainly, I would be one of those that's going to experience that. There are some things that, hopefully, we can look at, other than speed bumps, Mr. Inselman, but it will -- it will have an impact regardless. De Weerd: Thank you. Council, if there is no further discussion, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Try to quote additional Council members. I move that we deny Item 15, CPA 05-002, finding that the property zoning in the current Comprehensive Plan is sufficient and meets the city's needs. Rountree: Second. De Weerd: Okay. I have a motion on Item 15 to deny. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, abstain; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN. De Weerd: Thank you. Mr. Nary, for Council would you give an overview on these next three items, what action needs to be taken, if any. Meridian City Council June 6, 2006 Page 66 of 120 • Nary: Madam Mayor, since you have already heard the Public Hearing you can take action on all three items. They would -- based on the prior actions if they would be inconsistent with the Comprehensive Plan, the Council can deny them. You can do them separately or together. You will be getting findings back from Planning and Zoning anyway, so -- De Weerd: Okay. Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we deny Item 16, AZ 06-017; Item 17, PP 06-017, and Item 18, CUP 06-012, finding that because of the denial of Item No. 15 these items are inconsistent with the Comprehensive Plan. Rountree: Second. De Weerd: Okay. I have a motion on Items 16, 17, and 18 to deny. Is there any discussion? Mr. Berg, roll call. Roll -Call: Bird, abstain; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 11: Continued Public Hearing from April 18, 2006: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keego Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: Item 12: Continued Public Hearing from April 18, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: De Weerd: Okay. Thank you. We did continue Items 11 and 12 until Mr. Bird joined us. I will go ahead and open those two. Rountree: Is Mr. Campbell still here or did he give up? De Weerd: Okay. Yeah. He's sitting in the back. Okay. Borton: Madam Mayor, I have got to recuse myself again. De Weerd: Okay. We will pause for just a moment. Okay. I will go ahead and open Items 11 and 12, continued public hearings from April 18th on AZ 05-058 and PP 05- 060 with staff comments. Meridian City Council 40 June 6, 2006 Page 67 of 120 0 Canning: Madam Mayor, Members of the Council, this is Keego Springs project. It was continued from April 18th for revisions to the plat and to allow some additional time for the applicant to work with the school district on an unresolved issue. The project is located east of Black Cat and south of Chinden, as shown here. This is not the current layout. I think I have tried to explain before we have a hard time getting an updated one of those. But the current layout is shown here and the original proposal was for 201 single family residences. We are now down to 178 residences with the school lot. Here is the school lot here. There were a number of issues that the Council had asked the applicant to address. Those included the elementary school site at the south end of the property. The lot sizes and fencing along the northern property boundary. The elevations of the alley -loaded homes in the center of the property. And, then, to also work with ACHD on the stub street to the south. And the Councilmember Rountree had questioned the stub street at the north end. The applicant has been working with the school district. I think Mr. Bigham's quote was that agreements are flying back and forth between attorneys and that he is confident that it will get signed. It is not signed yet, but he is -- was very positive about that occurring in the future. So, I think that the applicant has addressed that concern. The lot sizes on the northern boundary have all been changed to meet the R-4 minimum standards, so they are all 8,000 square foot lots along that boundary. He did remove two lots to achieve that. The applicant also proposed meeting with the owners of Rambo Subdivision to discuss types of fencing on the northern property boundary. We don't know if that meeting has occurred or what the results are. Perhaps the applicant can update us on that. We do have elevations for the alley -loaded homes. I will get to those in just a second. The applicant has provided a stub street to the south, so it does border the school district property here. And they did talk to ACHD about the one to the north and ACHD preferred them to keep it that way. Actually, Conger Group is working on a design that uses that northern approach. did -- there is one condition, 1.2.13, and the dates on that have -- need to be updated. I put the revised language or suggested revised language in my notes. The first one is changed, the preliminary plat date from January 24th to June 6th. We did get a revised one in today. And, then, the second one is to change the -- the date as to finalized negotiations with the school district from June 1 st of 2006 to December 1 st, 2006. And, again, we anticipate it will be done much sooner than that. I also proposed some strikeouts to say that just the applicant may replat the property identified as the school site if negotiations fall through. It was a will before and I think that we can leave that to the applicant's discretion as to what he wants to do with that. Maybe he wants to sell it as a park. I don't know. But I just thought it would -- was better to leave some discretion there. I did have the applicant look at that during the -- while he was up here and he didn't have any concerns with that. So, with that I will end staffs update on this project. De Weerd: Thank you, Anna. Canning: Oh. Sorry. Elevations. Sony. They are kind of small, but the applicant has provided kind of a montage of all the different elevations. That's all I have. Meridian City Council June 6, 2006 Page 68 of 120 De Weerd: Thank you. Would the applicant like to come forward? And we appreciate your patience. Campbell: I'm Todd Campbell. Reside at 2320 West Preston in Eagle, Idaho. I will get to the elevations. I do have better renderings. I did deliver to staff earlier in May copies of this to deliver to all the members of the Council. I'm wondering if you have those in your packets that you can see a closer bigger version of those. Bird: Of the plat or the -- Campbell: What's that? Bird: Of the plat or the elevations? Campbell: Of these specific photos. De Weerd: Yes, we did get those. Bird: Yeah, we did get them. Campbell: Okay. We appreciate the opportunity to be able to come back in and talk again about the Keego Springs project. We have had very fruitful timely discussions with Wendell Bigham and the school district. Those issues are all but resolved. Again, like Wendell said, the contracts are floating between attorneys and e-mails and if it -- if I had much to say about it -- De Weerd: Say no more. Campbell: Okay. If I had much to say about it, they would be inked and done and we would be on our way and the school district would own the property. But, yeah, we have agreed on most of those details. We have -- could you, Anna, pull back up the landscape plan? Thank you. At the last City Council meeting you guys wanted us to go back and address some issues on the plat, specifically along the northern boundary, the motion was made to increase the size of those lots to a minimum of an R-4 lot size. That has been done. We did end up losing a net of two lots. All of those lots have been increased to a minimum of 8,000. 1 think there is five lots to the far east on that northern border that are right at 8,000 feet and the rest are in -- the rest of those are all in excess of 8,000 feet. We did redraw the landscape plan to show the park site, the pool, the barbecue area all in one area. That was not reflected on -- in the last presentation. Also, we showed a micro -path that we are currently proposing to the school site through the subdivision where the red dot is. That will be a connection, pedestrian access, to the school site, which we feel will benefit both our project and the Volt -- the Bainbridge to the east -- excuse me. We also put in the stub street going south connecting into the Volterra -- Volterra site along the western property line of the school site, which will lead to the signalized entrance at the Volterra half mile mark along Black Cat Road. There was some discussion on wanting some clarification on the alley width, a note on the Meridian City Council June 6, 2006 Page 69 of 120 current plat that we have I think that has been submitted to you shows that we will do a 16 foot black top asphalt with two foot concrete ribbons one each side, for a total of 20 feet and, then, we would do our standard setback of 20 feet off the back of that concrete apron for a 20 foot driveway, 15 off the front, for standard setbacks in the R-8 zoning. Onto the elevations, Jim could you pull up the -- I do have a picture -- these are photos that have been taken around the Meridian area on homes that I have constructed myself in the Soda Springs, also Baldwin Park and various projects around town, some from Hidden Springs where I have also built homes. These are artists renderings of those homes that have been built and captured inside these actual photos. So, these are similar homes to what we will be building in that alley -loaded area, because I am a builder, as well as a developer, I will be constructing most of those alley -loaded product myself. It's something I like to build and enjoy doing. The alley -loaded product has been very successful in the Meridian area. It's something that's desired and I think incorporating that into the overall Keego Springs project gives a good diversity in the housing of the different -- the products that we are trying to incorporate within the project with the larger lots along the northern boundary now and now the alley loaded product also. And, then, incorporated with the school site, I think it's a desirable project, with a pool. A little bit more of an intimate project for Meridian. I know that we have seen some large large projects come in and we are trying to propose the same amenities in a little bit smaller dynamic and we appreciate your consideration and hope for your approval. Thank you. De Weerd: Thank you. Campbell: Any questions? De Weerd: Council? Bird: I have none. Rountree: No. I think he's answered all the questions I have. De Weerd: Okay. Thank you. I do have a couple of people who have signed up. J.J. Howard. For. Okay. Rich Allison. For. Okay. Don Brown. Neutral. Brown: He's a little taller than I am. De Weerd: Just a little. Brown: Just a little. De Weerd: If you will, please, state your name and address. Brown: Don Brown and it's 4595 West Ramblin Court. I'm lot number four on the plat map. Where ever it went. Right there. And our desire and concern in our initial meeting with Mr. Howard was two fold and we met with him back in October originally Meridian City Council June 6, 2006 Page 70 of 120 on this project. We wanted to have the larger lots placed on the northern border and we wanted to have a sturdy barrier between our two subdivisions, because we do have larger animals, horses involved. We presented those desires all the way through the process, the Planning and Zoning, et cetera. We met with Mr. Campbell for the first time on 30th of May. He came to my house and we were presented the new plat. We at that time expressed our desire again to have even larger lots placed along the north border and at that time we also discussed fencing materials in which we were going to look into different choices that could possibly come from that, based upon costs and, obviously, some other issues. We could not agree on the property size issue. We feel that a precedent has been set based upon some discussions by Councilmen Bird and Rountree at the last meeting on April 18th when they mentioned that they would like to see lots up to 17,000 square feet and that you guys had done that in the past trying to meld two different subdivisions, one with larger lots and one with smaller lots. And, obviously, you have got a pretty dense situation going on there between our two situations. I know it's -- you have been through a lot of the same issues here tonight that we are dealing with and that's density, boundaries, fencing, but we feel that there is larger lots within the subdivision and what we did originally ask back in November was that they reconstruct this project and put those larger lots up to the northern border, because there are some lots that are 12, 14 thousand square feet, and we just feel that that would be more appropriate along our property lines to maintain the flow between the two subdivisions. And so what we are asking you to do is to request our desire to have even larger lots put on the northern border, based upon the history of some of your last motions and up to, as Councilman Rountree mentioned, 17,000 square feet. And that's all I have. De Weerd: Thank you. Any questions, Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Do you have any idea what your footage is on your back -- on your south end of your lot, what the footage is? Brown: I couldn't give you a guess. It's -- I'm not sure. Bird: Three hundred feet? Brown: I don't know if it's that -- Bird: That's your depth. Brown: Yeah. It's significant. I'm trying to think how much fence I got along there. Bird: Have you got five acres -- Meridian City Council June 6, 2006 Page 71 of 120 Brown: We have got, actually, an acre and a quarter, so -- Bird: An acre and a quarter. Brown: -- it's probably -- all the lots within the subdivision are I think an acre and a quarter or maybe a little bit larger. Bird: Thank you. De Weerd: Okay. I also have Mo Brooks who signed up neutral. Okay. Those are the names that have signed up. Is there anyone else who would like to provide testimony on this application? It's nice to be able to put a face with the names. I have heard the name Mo Brooks, so -- yeah, you're famous. You have a field named after you. Wardle: Madam Mayor, he might just give signals from the sidelines. De Weerd: We saw him doing that earlier. Okay. If there is no public testimony, would -- Todd, would you like to close? Campbell: Todd Campbell, 2320 West Preston, Eagle, Idaho. We did have a -- or I did have a chance to meet with the residents of the subdivision to the north and we did come to a relative agreement on the lot sizes. The gentleman who just spoke to you lives right here and currently has about three lots that back to his property, where the rest of them have about one and a half to two lots backing to their property and we mentioned possibly moving this lot line right here -- you can see that very well, but shifting it over to the east just a hair, so that we could shift most of those other lot lines to the east a little bit. It would minimize and make some of those lots less than 8,000 square feet, but it would minimize the impact of lots backing to his property and he was in agreement with that at that meeting at his house. There was a couple of other people that, obviously, weren't benefiting from that, so they didn't support that and so there was some dissent, I guess, among those neighbors in coming to agreement, but we did try and meet the Council's motion on -- that they made -- that you guys made at the last meeting to try and bump that up to the minimum of R-4. We did do that and we are willing to adjust those lots if we need to to the east, you know, on the northern portion to the east, with the fact being known that some of those lots farther east that don't impact their subdivision may go down lower than the 8,000 minimum. We did talk about various fencing types and, you know, we recognize their concerns with the livestock that they have. They proposed a concrete fence. We proposed a vinyl fence. We kind of met in middle ground on a different vinyl product. There was about 150 percent times -- 150 percent more than the vinyl product that we were proposing, which we aren't opposed to doing, but the benefit doesn't -- the costs -- I went out -- they were claiming that the fence was much more sturdy than the vinyl product that we wanted to use, but it's exactly the same sturdiness, it's just a different pattern on the fence, it's more of a stone look. I do have photos of it, if you want to see it. It's a stone look, rather than a tongue and groove look. But we -- you know, we are willing to do that, if that's something that they want us to do. But, like I said, the benefit -- it's still a vinyl product. Meridian City Council June 6, 2006 Page 72 of 120 .7 I think a horse could still knock it down if he got a good running start on it or decided to take a nap on it. If you don't have any questions, that's all I have. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Regarding the fence set, is a chain link completely out? I know it's not the best looking one there, but I don't think horses are going to bend it over. Campbell: No, I don't think horses will bend it over. It wouldn't be -- no, it's not out on our end. I don't know that they want to look at it, anymore than the residents of the homes that we build would want to look at it. I think the residents might end up putting a vinyl in there anyway and who knows if they will tear out the chain link. I don't know. We will build the fence on our property to try and circumvent any calls to the Mayor. De Weerd: Thank you. Campbell: You bet. One other thing -- one other issue that I do want to bring up that I forgot to on the original -- can I do that? De Weerd: Yes. Campbell: The school district did send a letter to you guys -- on the original motion I believe last time it's a -- we are required to have an open site fence around the school site and the school district -- Wendell, I did have discussions with him and he did say that in very -- in many applications they have allowed a vinyl -- six foot vinyl fence to be used and that's something that we would like to use around that school site also. He did reserve the right to put a chain link fence up on his side of the vinyl, but he said -- like over in Tuscany around the school site in the Tuscany Subdivision and various subdivisions throughout the city, they are allowing a vinyl product that we would like to do on this site if possible. Just something to bring to discussion also. De Weerd: Thank you. Any questions, Council, on that? Rountree: No. De Weerd: Okay. Thank you. Okay. Council, any further information needed? If not, I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor, I move that we close the public hearings on Items 11 and 12. Bird: Second. Meridian City Council • June 6, 2006 Page 73 of 120 De Weerd: Okay. I have a motion to close the public hearings on 11 and 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion? Rountree: Madam Mayor, on the discussion as it relates to the lot size, I think that a similar discussion was held in the earlier phases of the Public Hearing. The Council's wishes and motion included that they meet at a minimum an R-4 standard on the northern lots, which they did. And, in fact, exceeded that on a number of occasions. So, I think that issue has been resolved as far as I'm concerned. As far as the fence, we have a fence requirement for subdivisions. I would expect the findings to include the appropriate fence standards. This particular development and some that we have wrestled with fences for in the past have caused me to reflect on at what point does the neighbor have the responsibility to contain their own animals and at what point does the new development have the responsibility to protect their new residents. And it seems to me that we have been forgetting that in our concepts here, that adjacent property owners have the responsibility to contain their property on their property and if they don't have a fence there now that will contain their wildlife and/or livestock -- and I say wildlife, because we might have an elk herd or a deer herd or a buffalo herd show up at some point. Anyway, to me that's the responsibility of those folks and they have that responsibility. It is a responsibility by our ordinance that neighborhoods provide a neighborhood fence and we have standards for those and I think on occasion it might be necessary that the two together and do something a little different, but I would say in this case the vinyl fence that's being proposed by the applicant should suffice to meet our requirements as it relates to a subdivision. So, unless there is other discussions, I would make a motion. De Weerd: Mr. Rountree, was that as he discussed with the neighbor? Rountree: As Mr. Campbell discussed with the neighbor. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- and he can make his motion. I would agree with him, Mr. Campbell went back and all we had asked was for at least a minimum of a quarter -- of R-4 lot sizes. I, too, being raised on a farm, was responsible for holding our own animals in. I'll guarantee you if they got out the sheriff didn't call the neighbor. So, I think the fence -- I think it can be worked out. I think Mr. Campbell can work with the neighbors on that point and I agree with Mr. Rountree that he did go back on the lot sizes and did make them all R -4s, which we had asked, and we appreciate that. Thank you. Meridian City Council • • June 6, 2006 Page 74 of 120 Rountree: If there is no further discussion, Madam Mayor, I would move that we approve -- I keep losing my agenda here -- annexation Item 11 for Keego Springs Subdivision, subject to testimony received this evening and comments previously made by myself. Wardle: Second. De Weerd: Thank you. I have a motion to approve Item 11. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 12. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the preliminary plat for Item 12, PP 05-060, Keego Springs Subdivision. Wardle: Second. De Weerd: Okay. I have a motion to approve Item 12 and a second. Just for discussion, I did appreciate the applicant's last comments saying if there was a desire for Council to have more parody on those that abutted the neighbors to the north he'd like to make it up in the ones that do not have existing development to the north of them. I don't know if you're -- if you consider that or -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This one Council won't, because I hope when they develop that they stay with an R-4 and, then, back right up to them. At least we can make the new one, if I'm still on the Council, we can make the new one, the south property, match up with these, instead of having -- Rountree: Madam Mayor, if the developer is willing to do that and at the final plat stage makes it work, then, I'm willing to consider it at the final plat. I'm not going to make it a condition in my motion. Meridian City Council • June 6, 2006 Page 75 of 120 De Weerd: Okay. Any other questions? And I would imagine that you wanted the fencing material included? Rountree: Yes. Per the city's ordinance. De Weerd: Thank you. Rountree: Both on the property lines, as well as the adjacent school site. Assuming the school bill goes through. Canning: So, just to clarify, the rock -- the rock -looking fence on the north boundary and just a solid vinyl fence around the school? Is that -- Rountree: The vinyl that was proposed by Mr. Campbell. Canning: Just the standard vinyl. Rountree: Yes. Canning: Okay. And that would be on the school site as well? Rountree: Yes. Canning: And did the maker of the motion intend to include the modifications to condition 1.2.13? Rountree: As you noted in your comments, yes. Canning: Thank you. De Weerd: Okay. Any further discussion? Rountree: I have none. De Weerd: Mr. Berg, roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Public Hearing: VAC 06-007 Request for a Vacation of a portion of the ACHD drainage pond to exchange right-of-way for SW 5n Avenue for Waltman Court Subdivision (Track Utility) by Buffalo Hump, LLC — NW comer of SW 5 Avenue and W. Corporate Drive: De Weerd: Okay. Item 19 is VAC 06-007. 1 will open up Item 19 with staff comments. Meridian City Council June 6, 2006 Page 76 of 120 n Canning: Madam Mayor, Members of the Council, this is the Waltman Court Subdivision vacation. This is the one where if you had an abbreviated hearing agenda it would have been on there. It's for the property located -- De Weerd: I don't know, Anna, I think just because of the name, I would put it at the end. Canning: Oh, the buffalo name? This is property -- it's a little difficult to see. It's a little strip of land adjacent to the roadway here and it's kind of irregularly shaped. That is, actually, ACHD right of way for the purposes of a drainage pond. There is a portion of that pond that is not needed and the applicant is proposing to vacate the unused portion and, then, they will do kind of a land swap with the West 5th Avenue extension that is being proposed in that area. So, the total site of area proposed for vacation is 11,329 square feet and the applicant proposes to develop that as overflow parking for their facility, which was located on the south side of the street. And I don't have any elevations. Staff is recommending approval. To our knowledge there are no outstanding issues before City Council. Just a note. If Council decides to approve this vacation, they should direct staff to send a letter to ACHD. There are no findings required. With that I will answer any questions you may have. De Weerd: Thank you, Anna. Any questions, Council? Bird: I have none. De Weerd: Okay. Is the applicant here? Erickson: Madam Mayor, Members of the Council, Ross Erickson, 1854 East Lanark here in Meridian. Just real briefly, Anna did a good job in I guess summarizing a very concise staff report. There was just one comment that the irrigation district had in the comments section when the notices were sent out to the agencies and that was regarding a pressure irrigation pipe that they thought might be on this property and I actually did the design for that pressure irrigation pipe and it's on the property next door just to the north, so I guess there is not really an issue there with that. Yeah, the purpose for our request is just to get the city's consent for this vacation. If we do -- if we are successful with approval tonight, like Anna said, you guys will draft a letter to ACHD and, then, we will proceed with their commission with the vacation for the right of way exchange and I guess with that I will stand for any questions. De Weerd: Thank you. Any questions, Council? Bird: I have none. De Weerd: Okay. Thank you. Erickson: Thanks. Meridian City Council • June 6, 2006 Page 77 of 120 De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council? Rountree: Madam Mayor, seeing no further comments, I move that we close the Public Hearing on -- De Weerd: Nineteen. Rountree: -- Item 19. Wardle: Second. De Weerd; Okay. I have a motion to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there any discussion? If not, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 19, VAC 06-007, and direct the staff to send a letter to ACRD. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 19. If there is no discussion, I will call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC — north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: De Weerd: Okay. Item 20 is a Public Hearing on AZ 06-004. 1 will open this -- oh, Councilman Borton has a conflict. Meridian City Council June 6, 2006 Page 78 of 120 Borton: I do have a conflict. I do need to recuse myself from this one as well. De Weerd: Okay. I will open this with staff comments. Canning: Madam Mayor, Members of the Council, this is the Tree Farm project. It is located north of Chinden, south of the Phyllis Canal. So, north of Chinden, south of the Phyllis Canal and generally from -- from the edge of the Spur Wing development going west to the other side of Black Cat. I think you can see it there. There are a couple outparcels, one here and one in the interior of the project, which I will discuss briefly. The application before you is just an annexation and zoning. The property was included within our Comprehensive Plan on March 7th, 2006, and the proposed annexation request and the accompanying concept plan are consistent with those Comprehensive Plan designations. The proposed development is the annexation and zoning of 358.57 acres to a mix of different uses -- or zoning designations. And they are -- this is the concept plan, so the zones are generally consistent with this. They include 66 acres of low density residential, 167 acres of medium density residential. That would be R-8 zoning. And, then, 79.82 acres of R-15 zoning, about 17 acres of neighborhood business or C -N zoning. And 28 and a half acres of community business or C -C zoning. And I'll let the applicant go into more depth, but, in general, the low density zoning is along the rim properties and, then, the medium density is toward the interior with the higher densities being integrated toward the commercial uses, which are along the Chinden frontage. Just a couple of notes. There is an existing wholesale nursery on the property, as well as some single family homes. The single family homes aren't a concern, they will be permitted uses, they will be removing their access to Chinden, but they will be appropriate uses for the area. However, nurseries or urban farms, as they are noted, do require Conditional Use Permit approval in the C -N zone, which is where this one is proposed. So, because it exists staff has recommended that the tree farm be allowed to continue. However, prior to city engineer's signature on the first final plat on that property the nursery should be required to obtain a certificate of zoning compliance permit and bring the site into compliance with all UDC standards. So, we are just recommending that they come in for a CZC, basically, instead of a Conditional Use Permit. There is a lengthy development agreement proposed. I was going to try and hit on some of the highlights of that and the applicant has some modifications that they will also want to discuss with you. But the out -of -ordinary provisions of the development include that -- sewer service to the property shall be via gravity means to the North Black Cat trunk. The City of Meridian does not guarantee sewer service in the time lines outlined in the UDC, meaning the time for preliminary plat to final plat approval. No interim or temporary lift stations shall be allowed. Prior to issuance of any building permit the subject property shall be subdivided. That when a final plat records on this property, no direct lot access to Chinden Boulevard will be allowed on the site and that when the property develops, the Basco Lane access to Chinden Boulevard will be abandoned and I will get into more discussion about Basco Lane. It is a private lane. That access to the site from Chinden Boulevard will be restricted to the section line road and the half mile between section lines only and, then, that two future access points to this site from Chinden Boulevard be constructed as public streets that align with the Meridian City Council is June 6, 2006 Page 79 of 120 0 existing or approved public streets on the south side of Chinden Boulevard and that the public streets be constructed in accord with the circulation map approved for the north Meridian area plan. Also, that at times -- at such time as plats and uses are proposed, access to Black Cat Road extended shall be subject to approval by the city and the transportation authorities. The staff report -- or the development agreement also notes several appropriate public street access stubs and notes the properties that they should go to. Basically, they are to the north, east, south, and west, with the particular note, though, that the most appropriate place for the stubs to the north are Black Cat Road and Basco Lane in its current location and that there should be two stubs going north. If for some reason the Basco Lane doesn't work out as a -- as a crossing over that Phyllis Canal, that there be another location provided. But that one was sufficient for the Aldape property, which is on the north side of the Phyllis Canal. Staff left open the option to require additional stub streets to -- to all directions, except north, basically. I'm missing my second sheet. Oh, here I go. Hold on. And the development agreement does call out the existing nursery, as I noted before. And, finally, that the Tree Haven or MDC and all related entities shall quitclaim any right, title, or interest they have in parcel four of Exhibit E and I think we will -- by the time this night is over be far more familiar with parcel four in Exhibit E than we want to be. But it has to do with some odd parcels along Basco Lane. I do not have elevations for you. Again, this is conceptual approval as a concept plan as you see here. The Commission has recommended denial at their April 6, 2006, Public Hearing. That denial was based on the provisions for future public street access to the property to the north. The conversation was almost entirely focused on the northern eventual crossing of Basco Lane across the Phyllis Canal. And because it had not been resolved at the hearing date, the Commission recommended denial of the annexation. At that hearing Derrick O'Neal, Doug Carnahan, and Peter O'Neal all spoke in favor of the application. Tuck Ewing, Sherry Ewing, Arthur Rabehl, John Ewing, and Bill Gigray opposed it. No one commented. And the key issues of discussion by the Commission were the ownership of parcels near the Phyllis Canal adjacent to the TECO One properties and adjacent to the Rabehl outparcel. And that outparcel is a little more evident -- I believe it's this property here. Originally it was part of the application, then, it was withdrawn from the application. I think as it stands now it is still withdrawn from the application. However, we did get a note from the Rabehl's attorney, which is Mr. Gigray, that they have withdrawn their objections to this proposal and put that on the record for Council's consideration. So, the remaining opposition would were the properties of the Ewings with regard to the Aldape property and, then, the TECO One properties. The key Commission changes to staffs initial recommendation -- well, staff had recommended approval, so that was a major change from the Commission recommending denial. The outstanding issues before City Council is Basco Lane as a private lane that currently provides access to several properties in the area and the outstanding issues is Basco Lane. Who owns it, what restrictions are on it, what restrictions are on the access, and who should extend the road to the Phyllis Canal are, basically, the three questions that were raised at the Planning and Zoning commission. So, with regard to that, I will try and hit on those briefly, although the applicants will want to provide you more information I know. There is a number of small properties -- you can see them identified here. They are all along Basco Lane near the Phyllis Canal and they have -- the tern was used cloudy titles, Meridian City Council June 6, 2006 Page 80 of 120 which is to say that it's been very difficult to determine who actually owns some of these properties, especially these cross -hatched -- or some of the cross -hatched ones. And the applicant has done extensive research into the issue in the intervening time since the Planning and Zoning Commission hearing and staff believes that they now at least know the history of those parcels. They have also committed to making those properties available for development of a road down the gulch to cross the Phyllis Canal. That's with regard to the ownership. With regard to the access, the applicant has worked with the previous -- or the current property owners in the surrounding area that have restrictions on the use of Basco Lane or the future use of Basco Lane and it does appear that they have been able to remove those access restrictions for the future development or a road, again, into the Aldape property down the gulch where Basco Lane is currently located. So, they seem to have addressed -- the applicant seems to have addressed the restrictions on the access as well. Really, the big remaining issue seems to be who should actually construct the collector road between the south side of the TECO properties and the Phyllis Canal. The applicant has done the research and is willing to give over property for the development of that road. The Ewings have consented, likewise, that they would give over property to construction of that road. So, you have both of them making the same offer. That seems to be the last remaining issue to discuss tonight. Finally, I would -- it is very late, but I would recommend that if the applicant wants additional time -- I think this project is worthy of ten minutes of discussion based on the project. The discussion of Basco Lane and the ownership of this small area here is really a very small portion of this project and I'd hate to see the applicant use all their time to try and discuss the Basco Lane issue. So, I would recommend giving an additional five minutes just for the discussion of the Basco Lane issue and allow the applicant the full time to discuss the larger concept plan, because it is worthy of discussion. It's a large addition to the city, it's -- it's different in that we have a very detailed concept plan, but we don't have a preliminary plat to discuss with it, and so I think there is a lot of issues that warrant discussion, other than just the Basco Lane one. Now, with that I will answer any questions. De Weerd: Thank you, Anna. Questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Anna, would you go back to the concept map? And probably a question for both you and the applicant, if that's the illustration they are going to use to talk about concept this evening, the polygon representation of the concept here is much different than the version that we were provided that stated February 23rd. So, if somebody can help me understand what it is we are looking at, that would be helpful. De Weerd: While Anna looks at that, we may need to ask the applicant -- Council, staff has recommended an additional five minutes to dedicate to the discussion on Basco Lane. What are your feelings on that? Meridian City Council • June 6, 2006 Page 81 of 120 Bird: Fine with me. Rountree: That's fine with me, Madam Mayor, given the bulk of the discussion that was held during the P&Z seemed to be focused on that. De Weerd: Thank you. Canning: Madam Mayor, this should be the -- I pulled this from the applicant's binder that they have presented to Council. I apologize for the other one. It's, apparently, a little out of date. Rountree: All right. Then we are consistent then. Canning: I think they are -- De Weerd: That's the one we are looking at. Canning: Okay. Rountree: Okay. Verygood. De Weerd: Okay. If there is no further questions, is the applicant here? So, as you heard, we will extend that to 15 minutes. Carnahan: Thank you. Madam Mayor, Members of the Council, my name is Doug Carnahan and I live at 4410 West Chinden Boulevard in Meridian. My partners and I are here today to discuss this annexation application that we are making for about 358 acres on the bench north of Chinden. I think from past meetings that I have held with you all, you're already aware that I, as the landowner, have worked diligently with yourselves, City of Eagle, City of Star and the Ada County Commissioners on the question of the appropriate jurisdiction in which to place my property and the property of the adjoining landowners on the bench. My purpose has been in all those meetings to insure that everybody understands our preference is to be in Meridian. The rationale is that Meridian can do the best job of providing services to allow for the highest and best use of this land. You're also very well aware that with all the outstanding area of impact disputes in this vicinity, that it's not been an easy task. However, we are now at a point where the other cities in the area are willing to accept our property being in the City of Meridian, provided that we so choose and that you support it. This has taken incredible effort and support from you all and many on the staff from the city and we appreciate that effort and resolve. So, based on those -- these discussions, the City of Meridian has recommended to us the procedural path of annexation now. And so based on that recommendation, back in December 2005 we went ahead and submitted our request. So, before I tum the discussion over to my partners, I'd like to give you a brief overview of the progress we have made since I think we last talked in 2005. Our comments are going to be brief. I'm not going to talk specifically about Basco, although that will be covered. We want to make sure we have got adequate time to answer questions. So, Meridian City Council June 6, 2006 Page 82 of 120 0 first, one of the things that we have done is we chosen to work with an experienced development partner, O'Neal Enterprises. The O'Neals have been building highly visible, award winning communities in Idaho for over 25 years. They are well known for their dedicated attention to quality land planning and the long-term livability of the communities that they build. Second, we have arranged to expand our original 220 acre project to incorporate the 140 acres of the property of our good next door neighbors the Eggers and we have also acquired some other small parcels as well. The resulting size of this project, 360 acres, allows us to create a desirable, highly livable, multiple use community on the north side of Chinden Boulevard. The project is called The Tree Farm, in order to recognize the historical use of the property, as well as to set the tone for this landscape rich community we envision. Third, we have invested a lot in significant site analysis, land planning, and preliminary design with a nationally recognized firm, Downing, Thorpe and James, out of Boulder, Colorado. We believe our plan will bring to the City of Meridian a forward looking development of a very high standard that includes the following elements: Extensive landscape and open space well above that of the minimum requirement for the City of Meridian. A community in every sense of the word, with mixed use residential and commercial integrated appropriately for maximum livability. A diversity of housing types, styles, and price points that range from large estate lots on the one hand to attached village housing on the other end of the spectrum. A multi-million dollar community center with a range of recreational facilities. And a broad spectrum of amenities, such as walking trails, bike paths, water amenities and arboretums. As a resident of Treasure Valley for nearly 30 years, I feel this project would be a landmark project for the city. As such, while you're deliberating the specific procedural issues that require resolution tonight, I urge you to keep in mind the overall value of the project to Meridian. Now, I'd like to tum the podium over to Derrick O'Neal, who is the president of O'Neal Enterprises, and the project manager for the Tree Farm. De Weerd: Thank you. O'Neal: Thank you, Doug. Madam Mayor, Members of the Council, Derrick O'Neal, 2242 East Riverwalk Drive, Boise, Idaho. We have been working on this project for about eight months, so to condense that into about six minutes is going to be real tough. So, when you feel the urge, just tell me to stop, otherwise, I get excited and I will keep going. So, I'm going to try to hit the highlights and, then, address the issues. I want to apologize in advance for barraging you in the last week or two with information, but I did that with the intent to try to help you understand the project. Community overview. Can you go to the next slide, Anna? Regional context map. As you guys know, this is kind of right in the heart of north Meridian, Star, and Eagle, and we are -- all those whites -- I haven't had a chance to update in the last 60 days, all those white as plats or projects that are in process and we are just to the north, so right here. So, things are happening out there, as you guys are well aware. It's a key parcel for north Meridian. Not too often do you guys have the chance or do we have the chance to put 358 or 360 acres together and put a concept plan on it. It's more often 20 acres, 40 acres, 80 acres, and I think putting a concept plan on 360 acres is a great opportunity. In addition, it's on the rim and it overlooks the Boise River and the front and the mountains. There is about a Meridian City Council June 6, 2006 Page 83 of 120 0 70 foot on block the Phyllis Canal and the property that's below the rim. So, it's a real unique -- it is flat cornfield, but it also has a rim and we are going to do some fun things with it. There was -- there is an outparcel here. The Rabehl parcel. I'll talk about that in a second. And, then, there is an outparcel here, which is the TECO One parcel and our functional boundary is kind of where the white line goes. Next slide, please. Development team quickly. Doug mentioned it, but we are working with a team that has worked with us in many cases for over 20 years and what they do is focus on planned unit developments and communities and mixing uses together. We feel we have a top rate team that's very vested in the project from the very beginning. So, that's the team. The community vision and plan -- I'm going to go through the next slide and Commissioner -- or Councilmember Rountree was correct, this is February 23rd, which, really, only changes a little bit over in this area. The rest of the circulation plan is still the same and it made just a very few minor modifications. It added some water and some trails and paths just to give a little bit more detail. We think is going to be a true signature community for Meridian. Our company mission and value is what we do will be around and enjoyed -- seen and enjoyed for a long time and we take that to heart. We like our projects to look better over time. And I think if you go to any of our projects they really do. The first thing we want to do is create an authentic sense of place. Having a nursery on a piece of property to develop is wonderful. I mean we get to use those trees, we get to incorporate it into the project, and we really are going to do some fun things with that. We are going to be able to landscape in the form of nursery as if the project was carved out of a nursery, which will be fun. We also are going to leave the landmark barn and incorporate that heavily into the community, which we think will be fun. And give a true sense of place with the community. The next is greater housing diversity and Doug mentioned that, but I think that's really important, not only in product, but in price point as well. We think there is a couple things missing in this north Meridian area and we want to hit below and above. Right now there seems to be just a slug of product that is on a certain size of home site and a certain price and we want to hit below that and we want to hit above it. And so when we say diversity of product and pricing, that's what we mean, a full spectrum of that. And that will start with some high density housing close to Chinden and it's surrounded by a village center and commercial area, so that there is good pedestrian walkability and, then, as we go back and get towards the rim it will get a little bit denser. Everyday convenience and social interaction, we really believe in mixing uses. A lot of people don't believe in that, but we have had a lot of success doing that and so we are taking our commercial uses and not just putting a big fence around them or paving around them, we are going to incorporate them into the project with pathway, trails, community centers, open spaces, so people are able to walk and use those commercial services within the project, but we also need to design them so that people coming from outside of our project are able to get to them, so the accesses here, Black Cat, and throughout the project or community. Connection to nature. That's what we are all about. That's our thing. We like to create open spaces and not only improve, but enhance open space and the natural area. And we are doing that. There is a lot of open space in the project, much more than would be required, and the open space really connects through links both east and west and north and south, and, then, we will have pathways and trail systems throughout. And also incorporate water. And when we talk about incorporating water, we are not going Meridian City Council 101 June 6, 2006 Page 84 of 120 0 to do that in the form of streams and creeks, we are going to use ponds and, then, we are going to have delivery mechanisms that you would see in farms or in tree farms that will be the delivery of water, which is a little bit different twist for us, but it will be more natural to the farm and the area out there. Health and well-being is important and when we survey our people who live in our communities, the number one thing they like is connectivity and pathways, and so we create enormous number of pathways, both on the main streets, but both within the areas as well. So, we will have a lot of pathways and, then, we will have a centralized community facility that will have a significant pool and very different components to it. so, we are excited about that. And, then, we also believe in sustainable development and everyone has a different definition of that. What we mean by that is really trying to take it to a higher level responsible use of water, storm runoff, recycling, energy conservation, and we are going to incorporate several of those things into the project. We are currently in discussions with the school district and we definitely see they see a need for an elementary site. They have got a lot of other priorities and this isn't high on their priority list, but they do want to identify a site and we are working with them on that. We want to take that one step further and I know it's hard for them to do, but we want to incorporate that into some park space and open space that we have as well, so it's more than just a fenced off school site, but it's incorporated into some open space. So, we are working with Wendell and those folks and hope to see something there. Transportation. Transportation is a big big issue, as you guys are aware, not only Chinden -- and that seems to be a moving target, but we have been working hard with the Department of Transportation and, then, the internal street system, this is what they define now as a backage road, which I'm not really sure exactly what that is, but we believe that that's an important element to take some traffic off of Chinden and it will connect and stub out into here. Then, we have major north - south connection where, which is Black Cat intersection here and, then, the Basco Lane Connection down into here. So, transportation is important. We always incorporate that into our projects. We want to help solve that project, so we are vested in making every effort we can to be in partnership with the Department of Transportation or the city to help on those issues. Next slide. Anna, next slide. So, timing -- where we are is we are heavy into the planning and titlements. Obviously, we would like to continue that through this year. We hope to start some infrastructure development in 2007. We hope to be open at least starting with some construction of houses in 2008. The sewer will dictate that a little bit, but right now it seems to be on plan for late 2007, early 2008, and we are going to monitor that and watch that and we are not going to get ahead of that, we know that. Then, in terms of build out, it's a big project. We see it being a ten plus or minus year build out. It could be even longer than that, depending on market. So, that's a very very quick overview of the project and I would love to spend more time on it, but I will move into a couple of the outstanding issues that were raised. The first issue was the Rabehl outparcel, which you saw it better, but is this parcel here. When we started the project they wanted to be part of the annexation, so they were part of the annexation. They got a little nervous and said, oh, my God, what are we doing, we have got a five acre piece of property and what are we going to do. So, they said maybe we better not do that. We spent an enormous amount of time working with them and we have an agreement to purchase their property. They are not comfortable, they have found another place or working on finding another place and so we will be Meridian City Council June 6, 2006 Page 85 of 120 submitting an application. Unfortunately, it will be a small application for five acres, plus or minus, but we will be submitting an application to annex that as part of this overall project very soon. Access to the north. We believe the solution is in your packet under tab four. We did a white paper and an addendum to the development agreement that's very expensive. We believe that the first item of business should preserve the ability to get over the rim down to the property below the rim and that's making sure that there is the ability to take care of right of way, but we believe we have cleaned up the ownership issue and we will continue to do that with parcel four, the addendum to the -- the agreement we think is very specific and I'm going to let it stand at that. I would be happy to answer questions, as opposed to give you more information than you want. As it relates to the construction, which I believe is very different than preserving the right of way to get over the rim, we have some specific feelings in that we actually do agree with TECO One and the Ewings, at least above the rim, that we don't feel we should be responsible for an off-site improvement to further the ability down below the rim. We have a hard time with it, because without a plan for the property down below the rim or even on the TECO One property, you can't design it, you can't price it, and, therefore, it's very difficult to build. And without a schedule, without knowing when they need it or what's going to happen before the rim, it becomes very difficult as well. So, we view that as an off-site improvement, neither benefiting TECO One or ourselves. We feel very comfortable in making sure that we are not in anybody's way to give them access there and we believe we have done that. So, that's where I am with those issues and can spend more time on it if you want. The staff report, we -- if -- I have just a couple of quick clarifications on that and if you -- if you choose to agree with or take our addendum to the development agreement, I think there is a couple of additions and -- a couple of conditions in this staff report that could be modified, namely, conditions 11, 12, and 16 and I can get into those more in detail, but the addendum to the development agreement covers those specifically and I think they could be modified. We have submitted revised legal descriptions, which I think take away any issue of their being a strip of land that's owned by MBC or someone other than the Tree Haven folks. We have submitted an annexation application, so everything up to the canal would be included in this application, which was a concem. One of the other comments was -- if you can go back to the site plan, Anna -- was a zone here and a transition between this property and our property and the staff said that they'd like us to modify our legal descriptions to modify this to an R-8 designation, as opposed to the R-15. We did modify that when we submitted that per their request. So, I believe those were the items on the staff report to clean that up a little bit. I know you're going to hear some other testimony. I'll let you get to that or ask questions. I do have other slides and can give you a lot more information, but, hopefully, that gets you started. Thanks. De Weerd: Council, do you have any questions? Bird: I have none. Rountree: None right now. Meridian City Council Is June 6, 2006 Page 86 of 120 40 De Weerd: Thank you. I do have several people who have signed up. Gary Hinkle. Signed up neutral. If you will, please, state your name and address. Hinkle: Madam Mayor, Council Members, Gary Hinkle. 9109 West Burnett Drive, Boise, Idaho. De Weerd: Thank you. Hinkle: As was mentioned, there is basically my brother Steve Hinkle and my sister Linda Lazarus, currently own that property that's to the southeast of this proposed development and I'll just -- De Weerd: Can you use the pointer? Hinkle: Oh. I don't know how this thing works. De Weerd: Just don't do it in your face. Hinkle: That piece of property right here. De Weerd: Okay. Thank you. Hinkle: Which is the open space in West Wing Estates. I just want to place to record that access to be considered to continue our current status of that property. That's all. Very brief. I just wanted to make sure that it's placed on the record. De Weerd: Thank you. Questions, Council? Bird: I have none. De Weerd: Okay. Steve Hinkle. S. Hinkle: Madam Mayor, Councilmen, Steve Hinkle. My address is 11320 Chapin Avenue, Boise, Idaho. De Weerd: Thank you. S. Hinkle: As discussed with my brother there, yes, that is our property. I have diligently in the last eight months over an access issue. The property -- the Eggers property, which was approximately right in here, there was an access through this drive at that time for our renter to farm the crops on that property. When they sold that property that access has been cut off. So, I have worked with ACHD -- or, excuse me, with ITD, with the federal highway there -- or the state highway and also with the homeowners association on the other side and we are currently trying to establish some sort of access, since that has been terminated. And right now we are -- we are waiting to see how that's all going to tum out. My concern is that while that all bodes well for Meridian City Council June 6, 2006 Page 87 of 120 Ll The Tree Farm and access issue there, this one mile and half mile access is really causing a lot of problems, I'm sure not only for our properties, but other ones on down the road. So, I think that it's wrong that the -- that the Council -- between the county, between the state, and between the cities, you know, we are forcing a possible litigation issue that I think could be resolved much more easier. That's my concerns. Is there any questions, Council members? Bird: I have none. Rountree: I have none. De Weerd: It doesn't look like it. S. Hinkle: Okay. Thank you. De Weerd: Okay. Tuck Ewing. I don't know if you're for or against or neutral, so -- we will say you're open. Ewing: We will see. Rountree: We will find out. Ewing: Madam Mayor, Council, Tuck Ewing, 1500 EI Dorado. I represent TECO One, LLC. We are the property owners of the two outparcels, approximately nine acres, six to the west side of Basco Lane and three to the east side of Basco Lane. I'd like to start off by saying that we are in support of the development. We think it will be a very good addition to the City of Meridian and I don't feel that we were opposed to it in the Planning and Zoning by any means, we just have a few concerns that were kind of indicated from Anna thus far as the access down Basco Lane and who is responsible for that access. I would like to kind of go over and this map indicates the true property lines -- there has been a lot of discussion as far as parcels one, two, three, four, and five that are probably in your packets that were submitted by the applicant. These are at least to date through the Ada County assessor's office, the true parcel lines the way they sit today. And as you can see TECO One's part -- property sits in this area that is wrapped by the Tree Farm, both here and down this way and through Basco Lane and also along the western canal bank of the six acre parcel on that side. So, as you can see, TECO One's totally surrounded by this development. And so they are our neighbors, ultimately. If we could go to that next one, Anna. I'm sure that you guys received ACHD's traffic impact study and staff comments. I believe in particular to call out staff comments number three and four on the back page, they are taking a very strong look at the access to the neighbors to the north, because it is a very big concern due to the volume of land down there, regardless of which city it goes into. With that being said, obviously, one that's going to happen or that is an obvious, is Black Cat. In ACHD's report this is called out as a potential minor arterial or collector, with an additional collector somewhere along the property and, then, the third access somewhere in this property is a local road. TECO One would prefer to see the local Meridian City Council a • June 6, 2006 Page 88 of 120 road go down the existing Basco Lane with the collector and everything else somewhere in between and that doesn't really matter to us, but what that would ultimately do is lessen the impact on TECO One's property due to the width of the local versus the collector and it would also accommodate the neighbors to the north with at least one access down there. I will try and hurry. I apologize. TECO One has met with the developers and we have had good discussions. I mean we have just got this one issue. Obviously, we have been willing and we have made the offer to dedicate the necessary land to make the access down Basco Lane work and dedicate it directly to ACHD, so that the width -- could you go to that last one, Anna, please? The lack in width that they have in a few areas down Basco Lane that we control would be taken care of, so they could put in the necessary access to their true neighbors to the north, being in this location. There is a little bit here and, then, down in here. We would like to see that access minimal -- as minimal impact on TECO One's property as possible. Obviously, follow the existing land that they do own and this parcel here, which is the parcel four they call it, that's under kind of the clouded title part, would need to be resolved, so that that road could follow, you know, their property there. We have also on top of that dedication made the offer to pay our pro -rated share. De Weerd: Tuck, you will have to summarize. Ewing: I am summarizing. Pay our pro -rated share of the road from here to here from our north property to our south property line. We have not been able to resolve this issue. So, in summary, as you know, Planning and Zoning declined this application due to the access issues. TECO One would still be willing to donate the necessary ground to make that work and still pay their pro -rated share of our nine acres to their 358 acres to put that improvement down there to accommodate the neighbors to the north, at least for one of the three accesses that we feel is needed. With that I will take any questions. And I apologize I went too long. De Weerd: Council, questions? Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have got a question and since Planning and Zoning spent quite a bit of time and felt fairly strongly about that, the applicant mentioned that there isn't a plan or a timeline for that access. Do you have any comments as to the specifics? Ewing: As far as our property as far as the property to the north? Wardle: And maybe the applicant can help clarify what he meant by that, but I didn't get the impression that we had a definitive timeline for the improvements that we are talking about. Meridian City Council June 6, 2006 Page 89 of 120 Ewing: Well, I guess my opinion is is that I don't know what the property to the north's timelines are. Obviously, our piece -- we don't have a plan as of now, but it is definitely in the future going to be developed. So, that is not going to be a single home on nine acres. I think that our attitude is, though, regardless of what happens below the rim, not only with the Aldape property, but also with Doc Orem's property and the collective properties all below that rim, the necessity of the maximum amount of access down that rim is critical, just due to -- well, for a few reasons, but due to one major reason being the limited ability of the east -west traffic. You have got Spur Wing to the east and you have got the proposed new Highway 16 corridor with what has been stated as absolutely -- or very very limited access to the west. Therefore, it's critical for all of that traffic to be able to move north -south and ultimately south because of the river. So -- and I don't mean to speak for any of the property owners below the rim, but I do believe that it needs to be maximized, because as Commissioner Borup stated, it's a moving target, we never know what's going to happen, so we need to have the ability to do whatever maximizes the site at the time. Does that answer your question? Kind of? Not really? Wardle: Well, Madam Mayor, I guess just to clarify. Again, I can ask the applicant. I mean we are talking about these being made at the platting stage or -- I mean, obviously, the issue, as I understand it -- and maybe I didn't read it correctly, but -- and I heard it from Anna, that the right of way is available at some point, it's just the improvement being made, and I'm assuming that we are talking about the grade and probably I would assume you'd have to have some sort of a bridge. Ewing: That's correct. Yes. Wardle: Okay. Ewing: Yeah. And I -- as far as TECO One is concerned, we feel like that should be done as part of the development in whatever phase that affects. And, then, what the property owners to the north do with it is their decision, but we are willing to put it down there when they do it. Or pay a pro -rated share of putting it down there. Donate the ground when they are ready to go down there, whatever the case may be. But we feel like it needs to be in through their construction phase. De Weerd: Anything further? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Tuck, quiz question for you. Ewing: Oh, goodness, you know I'm not good at that. Meridian City Council • June 6, 2006 Page 90 of 120 Rountree: I hear your passions and your desire for access, but would you cite me more than one example of where that exists currently on that geographic from let's say HP to Black Cat? Ewing: HP to Black Cat where the access goes across that? Rountree: Where there is more than access at the grid -- at the mile grid. Ewing: Well, I don't know that I -- I guess I would have to think about that one. I'm basing my comments solely off of ACHD's staff review comments and the necessity they felt was necessary to accommodate the dirt below the rim. And like I did state earlier, I think this is a little bit different situation due to the very limited access east - west, which I don't believe occurs -- well, could occur in another place, but I'm not aware of. I think that makes it even that much more critical, because the ability to move east and west trafficwise, it's all got to go south or to Chinden. So, I don't know that I can give you an example of where it occurs, but I think that it is warranted. So, I don't know if that -- Rountree: Okay. Ewing: -- I don't have to think about my quiz questions. I will get back at you. De Weerd: Well, Tuck, I guess, you know, while you think of how to best answer your quiz, why -- why is it warranted -- the city never likes to landlock a piece of property and I do understand the north -south connection and I don't think the applicant is saying that they don't recognize that as well. But in my knowledge we have never required more than stubbing a road -- an appropriate road size to -- to that, but you're asking for more. Ewing: I disagree, just for the fact that -- De Weerd: Well -- and that's what I'm asking. Ewing: Yeah. All I'm really asking for is for them to stub the road to their legitimate north owner and I feel like for them to do that -- obviously, their legitimate north owner is Aldape properties or Dr. Orem's properties or whatever the case maybe down below the rim and I guess I feel like TECO One has been more than considerate as far as the willingness to dedicate the necessary ground for them to be able to get down there to accommodate their true neighbors to the north and we have even went as far as saying we would pay our pro -rated share, which I think is fair when you have got a 358 acre development and we are sitting out here as a little nine acre piece that's going to -- if we have to put that road completely in, we don't feel like that that's -- that's a fair deal. We have got 358 acres that doesn't want to give their true neighbors to the north the access, they want us to provide it for that area. So, what we felt was a good compromise was to pay our pro -rated share of it and we made that offer and that offer hasn't been accepted by the developers yet, but we would still be willing to do that. Meridian City Council June 6, 2006 Page 91 of 120 40 De Weerd: So, you're suggesting that they need access through your property? Ewing: No. Actually, as far as TECO One is concerned, we really don't care where the access goes to the property owners to the north. You know, if they so choose to move their access point from Basco Lane somewhere west of that and they can accommodate their neighbors to the north, that's totally fine with TECO One. We just felt like that it was -- this was the most logical spot to put one of the access points and we wanted to try and help get that access point not for the developer, but for the property owners to the north and that's why we made that -- those -- De Weerd: But it isn't 300 plus acres versus nine, because they are not asking to serve that little strip of land. I guess that's what I'm trying to understand is your comparison -- they are providing access to the south, which is where they intend to go with their development. The piece that you're suggesting would really only accommodate the properties to the north, so -- except for that strip. And I don't know how wide that strip is. Ewing: This here? De Weerd: And I don't think they are probably going to develop a strip like that. Ewing: We don't disagree with that at all. De Weerd: So, I'm just trying to understand why an off-site -- or why a stub -- and think they said that, as you have offered, they would offer land to accommodate a road, why we would need to consider more? Ewing: Okay. Anna, could we go back to the concept plan, please? Maybe that will give us a bigger -- De Weerd: Or I guess them, because I don't have a vote. Rountree: We need to understand, too. Ewing: And that's probably -- I'm probably not doing very good of explaining this, but I guess TECO One's position right now is this is the current Basco Lane here, splitting our two pieces of property. Ultimately, TECO One does not care if a connection road to the property owners to the north happens at that point. As far as TECO One is concerned, they can come anywhere in this area. They can't come over here, because that runs into Spur Wing golf course, but, as I said, you know, this map doesn't show the actual annexation running down here, up here, and across here, but if it did in color, you would clearly see that TECO One is an island and that, ultimately, the neighbors to the north solely touch this -- or this development touches the neighbors across the canal. We don't. I guess that's our -- and we don't feel like that -- that's why we have made the offers we have. We don't feel like that it's unreasonable for the developer to have to solely put this in, that's why we felt like to makes it fair we would pay our pro -rated share Meridian City Council June 6, 2006 Page 92 of 120 of that road and dedicate the actual -- what's needed to get that improvement in. They are willing to, basically, donate the dirt and, then, just give us a stub at this point and, then, it's up to us to get it to the neighbors to the north, ultimately, and we don't think that that's fair. That's why I make the comparison that our nine acres is ultimately going to pay for this, and their 358 acres is just going to dedicate that section that they have. De Weerd: I guess so aren't they putting a pretty -- pretty large road to accommodate any connection to the north on their property and they are absorbing that cost? Ewing: Being this road here? De Weerd: Yeah. However it's going to connect and allow you to go down to Chinden. Ewing: Yeah. Right. All the -- De Weerd: And that's at their expense. Ewing: I totally agree. And I think that that's great, but -- so we -- we just don't feel like that we should be responsible to put this collector road or access road where ever it may be -- have no beneficial use and, actually, hurts TECO One's property. I mean TECO One can be serviced off of local stub streets, which we don't expect them to put on our property by any means, but we don't need a collector to service our nine acres. This collector is for the sole benefit of the property to the north, along with this one and potentially a third. And the bottom line is, really, it comes down to who is responsible for paying for that portion of the road. We don't -- we feel like we have went over halfway by at least committing to pay for a portion of that road and dedicate the land necessary to do it and so far they have come as far as saying we will dedicate the road and, then, when you guys want you can pay to put it in. De Weerd: I just have one final question. Ewing: Okay. De Weerd: The piece, then, from that point to the north to Chinden, there is not a difference in the size or type of roads that they would need to put in if they weren't serving any properties to the north. Are they -- are they absorbing extra costs to build a bigger road, so that they can accommodate the traffic from the north? Ewing: As far as this road here being a collector? De Weerd: As far as that road needing to serve the properties to the north, whatever it is. Ewing: So, just so I understand, what you're basically asking me is that if they make this a collector size road to accommodate the future traffic from the property owners to Meridian City Council June 6, 2006 Page 93 of 120 the north, but if it was not there they wouldn't have to put a collector road in here, is that De Weerd: That they could use a different type or -- Ewing: They could use a smaller road? De Weerd: -- a different base or -- Ewing: Uh-huh. De Weerd: And I'm not a traffic engineer, so I don't know what they need to do different, but that's my question to you. Ewing: And, you know, I'm not either. And to be completely honest with you, like I stated, I only represent TECO One and what it affects as far as TECO One's parcel. I'm sure that Aldape properties will have many of the same comments and voice their concerns with their ability to get there and I don't know if those roads would be able to change if they didn't have to accommodate their neighbors, but I do know that the City of Meridian has always been very good at making their cross -accesses in their approvals and have tried to make, you know, connectivity between neighboring properties through this process. So, that -- at least in the past. De Weerd: And we are committed to connectivity. Council, any questions for Mr. Ewing? Ewing: Thanks. Sony I took so long. De Weerd: No. Sherry Ewing. S. Ewing: Madam Mayor -- De Weerd: You need to lower that, Sherry. S. Ewing: He is a little taller than me. De Weerd: Just slightly. S. Ewing: Members of the City Council, I'm Sherry Ewing and I live at 2934 East Lake Hazel Road and I'm representing the Aldape properties. I want to read part of a letter that ACHD supervisor Lori Din Hartog sent to the city planners and I think you probably have it, but it says the district staff anticipates there may be a need for three stub streets to the north. There is approximately 1,000 acres of undeveloped property to the north of this site below the rim. It will be critical that this site provides adequate connectivity opportunities to the undeveloped properties. Unquote. And so the -- Anna, can you show the slide that Tuck had? It was slide two. Tuck was actually showing three slides. Meridian City Council June 6, 2006 Page 94 of 120 One of them is Basco Lane being a local road. Black Cat being an arterial road. And the collector road being someplace in between those two roads. Which is a very viable situation. Do you have the number -- Exhibit 4 that Tuck had? ACHD said that, actually, you can have a road that goes down from the rim that went from the top of the rim -- not through Basco Lane, not where the gulley is, but from the top down through to the bottom land, the land to the north, anywhere you want to. And so what I'm saying is if they could do it through the proposed land right there next to Basco Lane, they can do it anywhere in between Basco Lane and Black Cat. Oh, dear, I see questions. I also wanted to state that, yes, you're right, we do not know what we want to do with the property north of the Phyllis Canal and we have -- there is a thousand acres down there. We have 260 acres, but there is a thousand acres down there, so we do need as much access as we can get. I also wanted to mention that Aldape properties is willing to pay for half of the bridges which cross the Phyllis Canal that connect to the Aldape properties. And that's everything I have. Do you have any questions? De Weerd: Okay. Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. John Ewing. J. Ewing: Madam Mayor, Members of the Council -- De Weerd: Now you can pull it up. J. Ewing: -- I'm John Ewing. I live at 2934 East Lake Hazel, Meridian, Idaho. De Weerd: Thank you. J. Ewing: Not to repeat anything, but to answer some questions. One, you asked the question of would that have been a collector around that subdivision. I think the answer was is we -- Tuck didn't know. I don't know. But I do know that if that is not going to be a collector through there, it will be the only piece of ground that Meridian has annexed and done that is that size that doesn't have collectors going through it. So, I guess my answer is is I don't know this for a fact, but I'm pretty sure that they aren't building any bigger road for TECO One or Aldape's property than they would have had to anyway. I'm willing to go a little bit further than Tuck did as far as we do want to get along, we think it's a good project, but he kept going to the fact that, you know, that seems to be the right place. The fact of it is is that we are having a hard time conveying that we aren't truly the neighbors to the -- our neighbors -- they wrap us. So, you know, we don't feel we have touched the people to the north. To go a little bit further, though -- and I don't really want this to happen, but if TECO One decided that we aren't going to develop it and we are going to keep our nine acres and we have that island, there would be no reason that the city would even ask us to cross our property. I think where we are getting a little confused, we are trying to be good guys and help get through our property, give our property, even pay some money, which, you know, I think is fair, but I Meridian City Council June 6, 2006 Page 95 of 120 0 don't know that I'm real happy about it, and it's -- for some reason it always gets turned around that why should the developer that does touch them west of us -- and I really think that that's where the collector should go is west of our six acres down to the property below, but it seems like it gets turned around that why should -- why should anybody put the road in when they are going through our property? Well, they are not really going through our property, we are just giving them more ground where they can get through. I'd like everybody to keep the thought that, really, if we didn't want to be good neighbors, we didn't want to help, we didn't want to help the developer, we could say we are not going to develop and don't go through our property. They own property through the center of us just the same as all we are doing is making it big enough. Of course, they are saying, well, we don't have enough property to do us, so we will give you yours, and that's why we came up with the pro -rated share. So, I -- maybe that makes it a little clearer that don't confuse our generosity by the -- and we are doing it because we are their neighbors, it just seems like a natural place for the local road to go through. And if we are going to be forced to do the whole road, I guess, then, we could take the attitude that, you know, we aren't ever going to annex and we don't need to develop. And that -- and, then, that doesn't follow the -- the trend that I have seen in all the city council meetings that you so supply access to your neighbors through a project. So, that's all I have got. De Weerd: Okay. Thank you. Any questions, Council? J. Ewing: Thank you. De Weerd: Thank you. Okay. This is a Public Hearing. Is there any additional testimony on this application? Seeing none — Canning: Madam Mayor? De Weerd: Yes. Canning: I'd like to comment on the ACHD staff report, since that was brought up in lengthy discussion, because I don't want you to think that staff just ignored that. The quote that was read says that at the time of preliminary plat approval that ACHD would consider three connections. It doesn't say collector streets. It just says connections, stub streets to this area. And there is a larger area that -- this is the applicant's request comes to about here. So, there is property both -- or in particular to the west of here, that still touches on those thousand or so acres down below the rim. So, it could very well be that the appropriate place is at their -- their western -most boundary. So, I just -- there was a line shown and I just wanted to make it clear that that was not a line drawn by ACHD necessarily to our knowledge and that they have not specified that they need three collector stub streets. So, I did want to make that a little clearer and maybe Gary has further information. De Weerd: Yes, we need to be enlightened. Meridian City Council June 6, 2006 Page 96 of 120 Inselman: Madam Mayor, Members of the Council, Gary Inselman with ACHD. I'd just like to clarify that we are not saying there has to be three stubs across the canal, we are saying that we will look at it when we get a preliminary plat. There may need to be one, there may need to be five, we don't know. We are going to analyze it. My feeling is there probably won't be and a great number of bridges crossing that canal. It seems to be a pretty large feature. A lot of grade there that may make it physically impossible to build a bridge across there in many locations. That analysis hasn't been done. The developer's consultants are going to look at some of that for us and provide us some information that we don't have right now as to where it's feasible. We are not saying that they would all need to be collectors, arterials, or local roads until we get a preliminary plat and look at it in more detail. There is a couple drawings shown for the Basco Lane connection and it's showing it in it's more or less current alignment, where it would meet our local street standards and, then, one where it showed it would be our collector road standards. Obviously, if there is going to be a connection there and at Black Cat only, odds are the Basco Lane probably should be a connector and we would prefer it meet our design standards. But we haven't gone into that detail yet. We have reviewed the traffic study and provided some very generic comments until we get a preliminary plat and a more detailed plan. As far as the debate over two different people willing to give us land -- always willing to accept right of way donations along existing roads where we plan to widen them, but we do not accept unopened right of way with a question mark as to who wants to build the road in the future. So, that's an issue that we are very concerned about that it does need to be resolved. It's nice that everybody wants to give the right of way, but we like to see the road get built to the end of that right of way to complete the stub street and, then, the people needing that stub in the future would connect to it and extend the road. So, I hope that helped a little bit. De Weerd: Does Councilman Rountree want to ask the same quiz question to Gary? Rountree: I think I know the answer, but, yeah, I do have a question for him. De Weerd: Okay. Rountree: If you'd just let me ask it. De Weerd: You bet. The floor is yours. Rountree: We don't have really great information on -- let's call it the Eagle portion of the land mass down there, but it looks to me from what we do have is there needs to be significant infrastructure investment on the flood plain if, in fact, any or a portion of that ever is going to develop. It seems to me the only access that I can see in that two mile stretch that goes over the rim is either Basco Lane or the golf course. Everything else is on the grid, as it is every place else as you go east or west, because of the cost of having to go through large cuts and/or bridges across canals. I would be real surprised if ACHD said we'd have to accommodate more than what we are accommodating now on the existing grid, but I can see that you would say anybody who wants to develop a parcel on the flood plain is going to have to provide a surface street network to connect Meridian City Council June 6, 2006 Page 97 of 120 to a future extension to Black Cat and for Linder, because Ten Mile is probably not going to go through the golf course. The lane is not under your jurisdiction. You wouldn't claim it if it was given to you, because you don't really take on unimproved facilities; is that correct? Inselman: Correct. Normally we do not accept just a right of way for a future street through a development. We ask that it be improved. Rountree: Okay. De Weerd: I guess, Gary, I just -- if you have limited connectivity between the bench and the land below the bench, why -- however many property owners, if there is two or three or how ever many are in this area, but why they would have the responsibility of that bridge when you're saying this is going to be a major connection and it's going to be a necessary one? I guess I see -- wouldn't that be impact fee eligible if -- if this is something that's going to serve more than two properties? Inselman: Madam Mayor, it would only become impact fee eligible if it got on the long range map as a future arterial and, then, made it into our capital improvements plan and without the development to the north the need would never show up. So, they are the need. They would most likely be the responsible parties to build a bridge. De Weerd: But even through this development on the Black Cat, you're requiring what might be a minor arterial, so they are building that road to those specifications, I'm assuming. Or being asked to. Inselman: Madam Mayor, we aren't requiring anything yet, because we haven't reviewed a preliminary plat, but -- De Weerd: Okay. Inselman: -- we are -- De Weerd: But those are questions that -- Inselman: We are anticipating, because of the volumes, that they would need to build at least a collector, possibly to minor arterial standard. When it's a three lane road that's a very minimal difference. It's mainly terminology. But, you know, the physical road is very similar. De Weerd: Well, I think in this case it's more than terminology, because you have some real concern on several sides of it. Inselman: No, I agree, I'm just saying that naming it an arterial doesn't mean that ACHD would, then, pay for it. If it's necessary to serve development, then, development Meridian City Council June 6, 2006 Page 98 of 120 would build it, unless it was identified in the long range plan as a regional need and, then, made it to our capital improvements plan and became impact fee eligible. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I know the answer to this, but I just want to get it on the record, that what is your process as it relates to stub streets and when do you exercise your input? Inselman: That would be at the preliminary plat level with our commission action on the preliminary plat and we do look to stub to undeveloped parcels and provide reasonable access without creating an undue burden on the parcel it's being stubbed to or the parcel that's being asked to provide the stub, if it needs -- and particularly, there are some areas in this case where just to grade a road down to the canal could mean, you know, several hundred feet of excavation, which would be a little impractical if there is other more practical routes. Wardle: Madam Mayor? Rountree: Thank you. De Weerd: Mr. Wardle. Wardle: And just -- I was going to ask that same question, but I heard you say earlier that it would be nice to have the issue resolved this evening? No? This is, as I understand it, ACHD can't review it without a plat to determine where the stubs need to go, the need, or even who pays for it. Is that right? Inselman: Mr. Wardle, that's correct. All I was saying is that the issue with the right of way in Basco Lane need to be resolved at some point, because we don't want a road that -- or a proposed road that -- you know, a question of who is going to own it or who is going to build it or that. So, it's just an issue that's out there. Wardle: And, Madam Mayor -- but you don't have a proposed road with this application is what you're saying? Inselman: No. Annexation requests we just provide very generic minimal comments and they are only to try to assist you as best we can, but don't -- take no action until there is a development application. De Weerd: Thank you. Is there any additional testimony? Okay. Would the applicant like to conclude with your remarks? Meridian City Council June 6, 2006 Page 99 of 120 O'Neal: Madam Mayor, Members of the Council, I want to respond to a few comments. I'll start with the Hinkle brothers comments. And if you can go to the master plan on that, I'd appreciate it. We have had neighborhood meetings. We met with the West Wing Estates folks to our boundary here. We didn't have a chance to meet with the Hinkles, but would be more than happy to do that. We are showing right here access to their property and they are fully committed and the staff report says that we need to provide access there. So, we believe we are satisfying that. I'm not sure we can help them with Idaho Department of Transportation issue and access from Chinden, but we certainly can help them with that access and are showing that. So, hopefully, that deals with that issue and be happy to talk with them after it. As it relates to the other comments, if you can go back to that earlier -- the first vicinity map, the bigger one. That one right there. Maybe to put it in perspective -- and I have a handout to give you. This is the -- I think Councilman Rountree asked do you have an idea how many accesses down below the rim there are there between this point and I'm going to give you a handout that shows you the spacing and what three accesses would do in our short area. When we started this project and went through it, the first thing we always do is try to deal with traffic and circulation issues, because that drives a master plan. So, what we did is we got with the highway district, we got with the City of Meridian, and we said if you guys were looking forward, how would you deal with access and they said, well, we'd like to see a minor arterial at Black Cat, so we said we will show one of those. And, then, they said we'd like to see a collector status road that would allow access somewhere in the neighborhood of Basco. So, we did that as well. So, we believe we have definitely met the intent of the accesses to over the rim. We have done some preliminary studies and I don't want to get into too much detail, but there are approximately 1,000 acres down there. Out of that thousand acres there is about 470 that's in the flood way or flood plain and the additional would be developable. We put -- we had a traffic engineer in the last day or two go through and say if you had a collector status in the Basco vicinity and you had a minor arterial on Black Cat, what would that do to the traffic and the fact is that if you develop that at three units to the acre, which is extreme density down there, those two roads would pretty much handle the capacity of that, without any access from Duck Alley or Joplin, which would be probably necessary if you were going to go to that area down there. So, the three access points we feel we are going -- we are going to where we should with the two access points and we think we are ahead of the game, because we are saying right now we are dealing with that, we are showing you and the highway district our master plan -- if you can go to the master plan, Anna, that shows the circulation, we are showing that, we are showing one here and we are showing one here. This isn't a preliminary plat, but we have committed to do both of those stubs. The other question that was raised is are we upsizing this road and maybe he didn't ask it that way, but the fact is we could have designed the project -- this is a collector road. Mr. Ewing stated that a project this size would have a collector road. It sure does. This is a backage collector road right here. We could have easily designed this in a way that would have been a local road and not a collector road. We chose to do the collector road, because we knew of this issue. So, I could go into exhibits and details and all that, but I think you guys are tired. I'll stand for questions if you want clarification on it. But we think we have a very good project. We think it's exciting for the City of Meridian. We think we have dealt with the majority of the issues, Meridian City Council June 6, 2006 Page 100 of 120 0 if not all the issues, and we feel comfortable with the addendum to the development agreement that we added in our packet, comments that were made on the staff report and moving forward based on that and we are excited to come back to you immediately with our preliminary plat for the first section of the project. I'll stand for questions. De Weerd: I did ask Anna to put the -- what you were referencing so everyone could see that. O'Neal: This is just showing from Pollard, which is down by Joplin, there is an access over the rim, and this is showing the distance that there is current access points. And these three -- if someone said we did three access points on our property, it's a quarter mile, you would have two within a quarter mile of each other and if you look at the rest of the distance, there is nothing even under a mile. So, I think that was a question Councilman Rountree asked and I wanted to respond to that. De Weerd: Thank you. Council, any questions for the applicant? Rountree: And I know it's late I don't think I'm confused, but why don't you give us your side of the story, because it's not often that the Council gets presented the generosity of multiple parties to not claim ownership of property. Because it -- because that tends not to be in their economic favor. So, what's your side of that, Basco Lane, and what rights and/or privileges do those properties to the north have, based on their historic access on that lane, because lanes, quite honestly, have been a major pain in Meridian's side. We have been to court, we have been with neighbors, we have been against neighbors, we have been all around the circle with lanes. Quite frankly, I hate them. I wish they'd all go away. O'Neal: I do, too, now. I'm trying to make it go away. Rountree: Well, it's not the only one out there. They all seem to have these kinds of issues. O'Neal: I'll try to answer that question and I believe I tried to do it in the white paper, but right now Basco Lane is right here and Basco Lane provides access and it goes all the way back to the early 1900s to the Aldape property, an existing use for the Aldape property. And it goes through the TECO One property and the TECO One property has the historic rights for the historic use on the property, which is one house and the agricultural use of that property. So, right now the rights that those folks have are for their existing uses and that's it. So, if we weren't coming forth with a plan to put in this collector road and stub to here, they wouldn't have the rights to further their -- to develop their property any further than they are. So, in my view this is a win for everybody. We are coming in and we are putting in an extensive system here, above and beyond the other improvements, which allows them to have access to their properties to develop their properties. So, that's my -- that's my quick view of the Basco Lane issue. We are going to take it form a lane issue with restricted access, to a collector public street to allow them access in the future if and when they develop the Meridian City Council June 6, 2006 Page 101 of 120 property down here. It may never happen. I mean it's -- and it's really hard to tell without a plan and without future study what will happen down there. I mean we can guess, but that's all we can do, so we believe we have done everything we can do to take it to our functional boundary and make sure that if there is any land that we have that could be used for future road, we make that available. And the TECO One folks have done that, too, so I think we are actually in agreement. If you guys were to say, gee, if TECO One and Tree Haven have agreed to do that, then, you guys have got the ability to -- in the future when the people down below the rim come in, it's not going to be a fight if we can't get there, because you have got the commitment from us and the TECO One folks made a commitment tonight, so -- Bird: Madam Mayor, I got a -- De Weerd: Mr. Bird. Bird: Derrick, you're going to phase this, I take it? O'Neal: Yeah. There will be multiple phases. Bird: Okay. You know, we have got ourselves in some hot water by annexing without having preliminary plats before. When would you -- you said you quickly would get a preliminary plat for phase one. Where is phase one? Because the stub streets -- I mean you have got a couple now, but if your preliminary plats or something changes, they could go away or they could move. O'Neal: Right. Bird: And, you know, I don't -- I don't want to -- I don't want to cause a problem by annexing without a preliminary plat. And this Council has been pretty tough on that, if not annexing -- you know, it's like having a preliminary plat without elevations. O'Neal: That's a good question and I was afraid you were going to ask that. But I have a good answer for it, I believe. When we sat down and talked with staff back in December, they said, boy, this area of impact our Comp Plan is going through -- and we would really like to see what you guys are going to do with that 360 acres. And we said, well, we'd like to show you, but there is no way in a two month period of time we can prepare a concept plan and a preliminary plat for 360 acres, because we are going to be wrong with a preliminary plat no matter what we do. And they said, you know what, Council does not like that. And we said, well, can you help us with that? And they said, you know, it's an important enough piece of property that we believe if you give us a concept plan, we can -- that outlines the circulation and the key elements, we believe that we should let this go forth and the council can deliberate on it. So, that's what we did at their request. Otherwise, in hindsight we could say we could plat it. But I also -- the way we do things is it would be nearly impossible for us to give you a preliminary plat on 360 acres that's ten years of a project, because that's a long project and we would have a hard time. So, that's a little background on why we got to where we got. Meridian City Council 40 June 6, 2006 Page 102 of 120 • As it relates to the first phase, our intention is to start here and come in and take this section of the property and do that in our first offering and, then, we will work towards Black Cat and this area as we move down the project. We anticipate our first phase having this loop road be in that first phase. It may not include this parcel, but the loop road will be part of that first phase, so we get that main infrastructure, which gives us the flexibility to develop here, here, here and here and add a variety of products. So, I anticipate our first phase would come in with at least the loop road that comes back out to here, so you have a full system that loops into here and it would stub to there. And we expect to do that -- if we get through tonight, I'm going to meet the engineer at 8:30 in the morning tomorrow and we are working on the preliminary plat. And we, actually, have already been working on it and I expect to submit that as soon as we can. So, this summer we would be submitting you a preliminary plat on that section. Does that answer your question? Bird: Yeah. And I just want to make sure there is — we have always required stub streets for all around developments, so that we don't landlock property and -- O'Neal: Yeah. And I think the -- you know what, your staff is -- staff is supersensitive to that. So, if you read the conditions to the development agreement, they have got language about stub streets everywhere and I argued with them about it and they said no. And I said, all right, we don't have a problem, we already show a stub here, we don't have a problem with a stub here, with a stub here. Spur Wing guys have a huge problem with a stub here and, therefore, we are not showing a stub and staff didn't ask for a stub there, but we understand that. And part of the positive with this is instead of coming in with this as our first part of the project and, then, saying we will come to you in two or three years with this, we are showing here, so this neighbor here can plan and we can work with him, which we will, as to a stub right here. So, we are working together on that, as opposed to holding it back two or three years and, then, saying here we are. So, we are very sensitive to the stub issue, Councilman. Bird: Thank you. De Weerd: Okay. Council, any other questions? O'Neal: Thank you. De Weerd: Thank you. Council? Rountree: Well, do we want to chat a little bit before we close the hearing or do we want to close the hearing with the potential of having to open it up again or -- De Weerd: You might, just in case you need to ask any questions to anybody else. But it's up to you. Rountree: You're comfortable? Meridian City Council June 6, 2006 Page 103 of 120 De Weerd: Are you still awake? Bird: Let's go ahead. My question's answered. I have no problem with this. Rountree: Okay. Madam Mayor, I move that we close the Public Hearing on Item 20. Wardle: Second. De Weerd: Okay. I have a motion to close the Public Hearing. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll throw out the discussion. As I talked earlier with Derrick and he give me a pretty decent answer I felt, I realize this is a large parcel of ground, which is -- which I appreciate. It's a nice looking development. But that many acres it just means that much more chance that we don't have a preliminary plat of getting in trouble, so I know they are going to phase it and do it that way and they have looked at it. They have got - - and future councils can make sure as the phases come in that we get the right stub streets. I don't want to see any land landlock, regardless of whether it's Star, Eagle, Meridian, or Timbuktu. And I think that the developers will work with that. I'm like Charlie, I'm up to my eyeballs in lanes. It seems like you never can get the right solution to it. So, that would be my take. I like the project, I think it's very very nice. 1 wished they would have had a preliminary plat, but I understand what -- as Derrick explained it. Very large to get a preliminary plat and I'm sure they will do the right thing when they come through. So, I can buy into this one without a preliminary plat. De Weerd: Council, I might say we did encourage them to come through with an annexation request and said we would -- we would entertain that. It's never a guarantee. Bird: That don't always make it right. De Weerd: No. That's true. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council • June 6, 2006 Page 104 of 120 Rountree: I think we have on the record how some of these issues will ultimately be discussed, because there will be future hearings and applications associated with this, particularly the issue of access and the surface street network that will ultimately be platted. I like the concept. I think it certainly builds a case for Meridian's expansion. think it will be a great asset to our community and I think it will be a super asset to the property owners adjacent. If we move forward with an approval on this, I want to make sure that the development agreement is very clear that the applicant understands that the issue of access will be debated and will be resolved at the preliminary plat stage and it may not be resolved quite how they have it conceptually identified at this point in time. They did indicate in their white paper that the proposed stub, at least for Basco Lane, had a range of -- I can't remember, was it 400 feet or 200 feet, either side of where it currently exists. So, they recognize that there is flexibility and potential change, but if, in fact, as it gets looked at, then, who knows what might come between now and the preliminary plat stage on the flood way -- flood plain, that somehow we get language in there that we can say we told you and I believe they understand that anyway, but it's nice to have it in writing. I agree with Councilman Bird about some degree of hesitancy of not having a preliminary plat and the potential issues that can arise. Again, I think I want the development agreement to talk about what I perceive as the quality that's been presented this evening and some way to affix the quality to this annexation and, then, if by some event -- and we have been stuck with these before, that somebody comes along with the right amount of money and buys this annexed property from these developers, that we have something that we can hold any future owner if, in fact, it changes hands, to the quality in the development that we are seeing conceptually presented this evening. So, those would be considerations that I would lend to a favorable vote on this, otherwise, I probably would be hesitant and want to see more specifics. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: The question posed to Planning and Zoning and some of the ones that I have asked, I heard ACHD say that's a discussion for another time and another place and for another application and that's fine with me. The only questions I have for Mr. Nary is we have -- we talk about bubble drawings and we talk about concept plans, is there a timeline restriction that we may place on this in the development that if we don't see a plat in a certain period of time that the annexation becomes -- I mean can we do that in an annexation? Rountree: We have done it. Bird: We have done it before. Wardle: Is it -- Meridian City Council . • June 6, 2006 Page 105 of 120 Nary: Madam Mayor, Members of the Council, Councilmember Wardle, yeah, you can certainly place conditions in the development agreement of when you're expectation or what time limits are set for both the approval of the development agreement or when the plat -- when at least the first preliminary plat needs to come back. It would be awfully tough to put all phases into a development agreement and try to figure out timing, but, certainly, if your concern is is that by the first preliminary plat request that comes in that the issue is going to get discussed again and something else is going to occur in regards to this property, we can certainly try to fashion some language in the DA to bring that forward in front of you. It wouldn't necessarily make the action void, it simply sets it up for another hearing. You can consider whether or not at that juncture to do something else, whether to de -annex or do something else in regards to the future phases. Wardle: And, Madam Mayor, just, I guess, a follow up. We have had the discussion about that there has been some case study on voluntary de -annexation and there hasn't been any -- I don't think that we have discovered on the other side to this point, but I would assume that if it's in the development agreement that it's entered into voluntarily, that the property owners to the city, that that would make such a voluntary action. Nary: Madam Mayor, Members of the Council, Councilmember Wardle, I mean we could certainly tweak some of the language that we currently use in those and it is voluntary, as you said. I mean if that's something we can't reach an agreement with in a development agreement, although you have preliminarily approved the annexation until that development agreement is signed, the annexation hasn't occurred. Wardle: Okay. So, I guess, Madam Mayor, in follow-up, the only other question I would have is what would be an appropriate time period for that. We have seen a couple time lines and I think 2008 is an outside day. Bird: Madam Mayor? De Weerd: Mr. Bird: Bird: Shaun, what kind of -- what time are you talking about, getting the development agreement or the preliminary plat? Wardle: The plat. Preliminary Plat. Bird: The first phase? Well, I think he said he was going to do that immediately. The development agreement you would want -- you would want signed first I would think and how fast is our staff going to have a development agreement drawn and for them to look at it and between it I think it would be fair to get them, you know, there or four months to get the development agreement. I mean that's a long -- but we are talking about a large one and I agree with Councilman Rountree, that some of these specifics should be in there, that -- so, if this property is sold, we have still got the new buyer's feet to the fire, in plane words. Meridian City Council June 6, 2006 Page 106 of 120 • Wardle: Well, let me put this up for discussion. And we have used this -- this timeline before, six months to have a signed development agreement and I would -- I guess my preference would be 12 months for a maximum to see a plat after the signed agreement. Bird: That would be fair. As long as you put a date specific that's fine with me. Rountree: So, you're young and have a nice -- Bird: Yeah. Getting right after it. Rountree: -- memory and you have heard everything we have said, so if you would like to make a motion, and -- Bird: I have senior moments, so you know I'm not -- Rountree: Because I'm -- it's way past my bedtime. Wardle: Madam Mayor, it's past my bedtime, too, but I will attempt a motion here. I move that we approval Item 20, AZ 06-004, annexation and zoning for The Tree Farm and to include in the development agreement -- have the development agreement signed within six months of date of approval and to require a preliminary plat within 12 months of the signing of the development agreement. And to include all of the testimony from the applicant and the public and Council regarding quality of development, open space requirements, elevations that were provided this evening for a decision. Rountree: Access. Wardle: Access to the adjoining properties and internal circulation. Rountree: I will second that. De Weerd: Okay. I have a motion to approve and a second. Anna, for discussion know the applicant had mentioned Items 11, 12, and 16 in the staff report. Canning: Madam Mayor, Members of the Council, maybe this doesn't bode well for accountability as far as our customer service accountability respect and excellence, but the DA provisions I don't worry about as much, because they are not really part of the findings, they are part of a negotiated agreement, so you can direct Mr. Nary as part of that development agreement to incorporate those provisions that the applicant just talked about and Mr. Rountree also suggested some language with regard to stub streets that isn't exactly consistent with one of the development agreement provisions, but I would assume would be modified to kind of fit all three of those to meet Council's desires prior to signing. Meridian City Council June 6, 2006 Page 107 of 120 De Weerd: Okay. Rountree: I'm good with that. De Weerd: Well, I'm sorry we closed the Public Hearing. I did want to ask the applicant what a slug of product was, but I missed my opportunity. Wardle: Madam Mayor, it's the same as a group of products; right? A whole lot. De Weerd: Any further discussion? Bird: Call the question. De Weerd: We have addressed the connectivity and so that's -- okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you for all sticking with us. I think we are already, although we have more. Rountree: There is more. I'm going to recuse myself for the next item, Madam Mayor. De Weerd: The next three? Rountree: Yes. De Weerd: Okay. Okay. Go ahead and — Item 21: Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.1-1 requirements for access to State Highway 69 for Meridian Gatewav by White -Leasure Development Company — 1601 South Meridian Road: Wardle: All right. If I could get everyone's attention for Item No. 21. We will move through our agenda. I will open Public Hearing Item 21, VAR 05-027, and I will begin with staff comments. Canning: Councilmembers -- President Wardle, Councilmembers, this is the Meridian Gateway project. This is a request for reconsideration as to the location requirement. This was originally heard on March 7th. There was, then, a request for a reconsideration hearing to clarify the approval on April 18th. So, this is your third full hearing on this item. It's located on the southwest comer of Meridian and Overland. The application is for a variance to access to Meridian Road, State Highway 69. The Meridian City Council June 6, 2006 Page 108 of 120 original request was for two new approaches to Meridian Road and including one right - in, right -out on full drive driveway. The request before you tonight for is one right -in, right -out only at about 500 feet and just a moment, I will get that up. So, this is the revised request, would be one access shown here. The outstanding issues before City Council, since this is a new hearing, as staff I feel obligated to say that staff is still recommending denial of this various application. I think there was more than sufficient notation made of the development agreement when this property was annexed that there would not be curb cuts allowed to Meridian Road, State Highway 69. So, staff would still advocate for denial of this application. Given that you have already approved it twice, I will move on. With regard to the question of the 700 feet versus the 500 feet, I suppose staff is more supportive of the 700 feet. One of the selling points that the applicant used in the last hearing was to state that this would be a loop road and, then, the neighbors testified about it being a backage street or about having cross -access to serve all the commercial properties located between here and Overland, basically. And that was really their selling point for why this access was necessary is that rather than put people back onto Overland to have them come this way, that the folks using this commercial property could use this street to have more expedient access to the state highway. If that is the case, staff feels that the best location for that is the southern property boundary at this location because it -- what it could do is similar to the last project you saw where that -- where the applicant worked to front development and incorporate the residential development. You have the opportunity to do here kind of in reverse. Rather than just throwing the commercial properties back to all these adjoining neighbors, you have the ability to have those -- that road or an access way serve as a kind of divider between those two uses. I would even venture that it could serve to have, you know, that landscape -- required landscape buffer and sound absorbing walls like you have required of other commercial development. I do want to point out there is another stub street here coming into the Prather property, so there is that opportunity to create something similar to what we saw in the previous project where you have a backage street, but not likely if it's located in the center of the property, as shown here. Particularly if you have to meander through parking lots to get there. I really think what was touted was this kind of a through connection and through cross -access, not a circuitous cross -access as is shown here. If Council does decide to approve the 500 foot location, I would recommend that the applicant be required to extend the cross - access immediately west -- so straight west. Again, if people are forced to meander through this property, then, it's really not serving the cross -access connection that was touted as serving this whole commercial area south of Overland. And, again, you may want to even consider requiring the development agreement be amended to include a private street or even a public road where ever that access location may be. I have provided you excerpts from the minutes with regard to the discussions of the loop road, of the cross -access, and, then, of the backage road from Huber, Storey, and Prather in that order. I also provided the discussion after the Public Hearing was closed about -- from Mr. Borton as to why he supported the variance and, then, Mr. Bird on the question of the access and, finally, with regard to the 700 feet and where that came from that was an amendment to Mr. Borton's motion. So, I tried to provide you that -- the key highlights from those minutes, so that you would have those. The specific distance was Meridian City Council • June 6, 2006 Page 109 of 120 • -- was talked about in the hearing, it wasn't just random, and it was a clear part of the motion. With that I will answer any questions you may have. De Weerd: Okay. Council, do you have any questions? Bird: I have none. De Weerd: Okay. Applicant? Huber: Madam Mayor, Members of the Council, my name is Jeff Huber. My address is 416 South 8th Street, Suite 200, Boise. I represent the applicant. We really appreciate the time you're spending tonight and we applaud your dedication. De Weerd: Well, we apologize for the lateness of the hour. We usually don't go past 11:00. Huber: I'm going to keep this just very very brief, believe me, so we can move on. Okay. This is our site. As you know -- and you're familiar with it. The subdivision to the south is built out. The salvage yard to the west. Overland Road. Meridian Road. At your April 18th hearing there was a right -in, right -out access approved at this location. We are now asking your reconsideration to move it to -- could we see the figure, Anna? Yeah. This is the one that was approved, the access going up to the neighboring properties to the west. And we are still providing that access. Now we are requesting, if you could, Anna, the access be moved no closer than 500 feet from the center line of Overland Road to provide for this access at this point in the project. We had Kittleson and Associates do a comparison of the two accesses and that letter that he wrote after his analysis was in your packet and he's here to summarize that for you and Mr. Lee is also here to answer any questions if you may have some after Mr. Ringert from Kittleson gives his summary of that comparison. Any questions? De Weerd: Questions, Council? Bird: I have none. De Weerd: Good morning. Ringert: Hi. I'm John Ringert with Kittleson and Associates. I'm a traffic engineer. Address 101 South Capital, Suite 301, Boise. 83702. De Weerd: Thank you. Ringert: Madam Mayor, Members of the Council, when we started out the process, we had -- like we mentioned, a full access down here and a right -in, right -out. We -- then, working with -- between ITD and us, we -- you know, we started to limit this access for left -out, but it still was the most logical location for the -- you know, for the access. Can you put on the previous one that Jeff had with the approved access plan? Figure two I Meridian City Council June 6, 2006 Page 110 of 120 0 think. Yeah. When we put this up -- when we looked at this, you know, it made the most sense working with ITD, you know, the Mitchner property across the way has full access. ITD didn't see that changing. There is a two-way left tum lane for left turns. You know, it was the most logical location. With the approval of the Council for a right - in, right -out, from a traffic perspective it becomes pretty difficult to really control -- you know, if you have a four -legged intersection with tum lanes and everything, and just one approach, we are going to do right -in, right -out, now all of a sudden you have places for people to turn into, places for people to turn out -- it becomes a bit difficult. In addition, in discussions with ITD, they'd really like to do a median project at some time down here. Changes are they would first look at allowing left in still here, because it's going to be hard enough to close down somebody's full access and left in still operate. Well, what that means is there will always be a break here and, you know, if we look at it from a long term aspect, we are always going to have that confusion for drivers. Anna, could you go back to the ones you started with? Figure three. Yeah. Those. De Weerd: Now, would that be the same with the little island -- that island controls the moving -- Ringert: Yeah. Islands are great if people use them the way they are supposed to. To design them so trucks and cars can all get in and out, I think most of you have probably seen a situation where people are violating the islands. I mean I can think of -- there is a line of people, for instance, at the Lowe's -- they put an island in the Lowe's driveway on Eagle Road and there is always a line of five cars taking a left in and there is always somebody with their blinker taking a left out. Well, if we can locate it anywhere at least reasonably away from this intersection, so it isn't confused with the intersection, that will work great, because in the long terms you could get it -- or even in the near term if they wanted to add it to the construction along this intersection, you could put in a median right in here -- this is blatantly obvious you're not -- you don't have a two-way left tum lane to turn into and turn out of. The critical thing of ITD has always been we need to be far enough away to get good deceleration of cars, so we don't have somebody coming through the intersection at 40 miles an hour, suddenly having somebody put their brakes on and decelerate. So, we have more than enough distance to accommodate ITD's concerns. In fact, you know, we were able to even get them -- get that in here -- up here earlier. So, you know, we really considered that being the primary benefit. Anna had mentioned a little bit about the circulation. We are not as concerned about the circulation. The only issue is we have a very high number of right turns going up to these northern pads. As you come down here, due to the way the site's laid out, we have got a pretty long straightaway there and we have a lot and since you're compressing all the traffic into one location down here and you have a future access here, you really have some pretty long -- you know, you'd have some pretty long straightaways that sometimes in a parking lot environment creates a problem. But I think the main thing that we were -- that we really wanted to focus on is from a Meridian Road standpoint and the right -in, right -out. So, that was the look from a traffic perspective. Meridian City Council June 6, 2006 Page 111 of 120 De Weerd: I'm going to -- because it's so late, get on my soap box on parking lot design. You know, you probably made light, but that doesn't matter. But what drives me nuts if whoever designs these private parking lots, because they do a crappy job and I'm sorry I'm not very political this time of night -- they don't do a very logical job in that and it -- one of the selling points was, really, the connectivity, how this can help connect a development and how it occurs there. That's not going to be very friendly to anything but the few businesses there to utilize that access out. Ringert: Okay. Maybe Lary can speak to that. De Weerd: Especially through a private parking lot. Ringert: Yeah. From a traffic perspective through a private parking lot, you know, I kind of -- I know what you're talking about. It is -- it does -- it is difficult with a parking lot situation. One thing we want to do is we don't want to mix a roadway type connection that really isn't built like a roadway type connection with the parking lot, because, then, you have this pseudo 30 mile per hour or 25 mile per hour feel, yet there is still cars pulling out and I agree there is definitely issues with how people approach parking lot design and, then, how you connect it in, you know, for future. But Lary can -- De Weerd: Yeah. And I guess I'll wait until Larry gets up. Ringert: Well, if there are any other -- I guess traffic questions and -- you can always grab me. Leasure: Madam Mayor, Members of the Council, Larry Leasure, White -Leasure Development Company, Boise, Idaho. Just one comment. this right -in, right -out access point, as you can see, is not in the center of the site as was suggested. It is approximately 200 plus feet from our property line here. Number one is that we -- we are in presently for a Conditional Use Permit at the present time, which is on hold until something happens here this evening. We have no problem and would consider designing, because we did indicate before, providing an access to the adjacent property owners, that was the intent and that was agreed previously. So, this is -- obviously, this retail tenant is committed to the plan as proposed and this is what has been submitted to the city for the conditional use with the drive-thru. But what I am indicating is that we certainly, through that process, will come back for the internal circulation within the site plan for the right -in, right -out and we have no problem going direct -- directly through this and redesigning out retail shops that we have in this area. We did not spend all the time in the total redesign of this, because if you will go back to the original ones, we have not changed, you know, the building elevations or locations as they were, we have just changed the right -in, right -out from here to this location. De Weerd: Okay. I guess, Lary, my concern is you have a lot of movement right in that area. You have a drive-thru with a bank or whatever that pad is, but -- I mean you have traffic coming to that access from three different directions and a turn lane into a drive-thru and -- I have seen -- we have nightmares all over the city. I would hope that Meridian City Council June 6, 2006 Page 112 of 120 0 we start learning from some of those experiences and setting us up for a lot of different turn movements in that private driveway. You have someone coming, you want someone going out, you want someone coming into a drive-thru -- it's a motorist's nightmare. And maybe it's even our police department's nightmare, although it's private property, so we shouldn't care, but we are also motorists as well. Leasure: Absolutely. And we care as well as our tenants do, certainly, as well for that access. Also, the access going here versus down along the back of the property line -- the other issue here, too, is that if you would have gone back here and this property was master planned, chances are you would not be bringing back a solution running this back against the property line, chances are buildings would be in here and this would be back to the back for truck loading and so forth, which wouldn't be the most conducive for access coming out at this point. I don't believe that that is what you would probably do if you were designing the balance of this 30 acres of real estate. I think we probably would have come back in here as well. So, that's all I'm suggesting is that the redesign of this, as far as access from the pads into this, certainly we can look at that as well in our conditional use approval for inside the shopping center. But our hope is that you will give consideration to this location. Thank you. De Weerd: Okay. Council, any questions for Mr. Leasure? Bird: I have none. De Weerd: Thank you. Is there additional testimony on this application? Canning: Madam Mayor? De Weerd: Yes. Canning: I just wanted to point out the applicant talked about this location, if you extend that through the other properties, it does tend to encourage people to put the commercial properties and the loading areas right adjacent to the residences and I guess that's what I was trying to convey with maybe the road or a private street as a better separation than having loading areas right up against those back yards for those residential properties to the north of here. Just a moment. So, rather than putting the back side of buildings with loading docks against those residences, some sort of private drive or a roadway may be more appropriate and that was the point I was originally trying to make. De Weerd: Thank you. Okay. If there is no additional testimony, I would like -- does the applicant have any final remarks? Okay. Okay. Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council June 6, 2006 Page 113 of 120 10 Borton: Seeing no further comment, I move we close the Public Hearing on Item 21, VAR 05-027. Bird: Second. De Weerd: Okay. Motion to close 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the request for reconsideration on Item 21, VAR 05-027 to include the applicant's concession to provide and extend the access immediately to the west on this newly approved right -in, right -out access, which is no closer than 500 feet from the intersection. Bird: Second. De Weerd: Okay. I have a motion to approve Item 21. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision by Landmark Development — southeast comer of Ustick Road and Eagle Road: Item 23: Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: De Weerd: Okay. Items 22 and 23 are public hearings on PP 06-002 and VAR 06-002. 1 would open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council, just since it's late -- the amount of confusion over Gateway Marketplace and Meridian Gateway has really been enormous. I think that these project files are so intertwined at this point it's kind of silly. I notice that you did have some of the Gateway Marketplace material in your Meridian Gateway packet for tonight, so if you are missing something, that's probably where it's located. Meridian City Council June 6, 2006 Page 114 of 120 0 Gateway Marketplace. Here I am. Okay. This is another reconsideration from the applicant -- at the applicant's request. The original hearing was also on April 18th of this year. This property is located on the southeast comer of Ustick and Eagle. It is another variance request to the access to state highway standards. The original proposal had two access points -- the original proposal had two access points to Eagle Road -- De Weerd: Hey, Anna? Canning: Yes, ma'am. De Weerd: Before you continue, the applicant has written a letter requesting a workshop forum on this and I don't know where we are at in that process. Canning: Maybe Mr. Nary can -- De Weerd: So, maybe we want to cover that first and if they want a workshop, it would save us some time. Canning: Madam Mayor, Members of the Council, we have never had a workshop forum before it came to Council. I'm not sure once it's in the hearing process if that's an appropriate format and I believe that's what Mr. Nary's comments were. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: It is true the applicant has requested a workshop. The concern that was raised by the applicant was the difficulty staff has in trying to work through the particular issue here about the access and the variance that's necessary. What I advised both our planning staff, as well as the applicant, was that because we had already noticed the Public Hearing, that at the hearing that decision would have to be made by the Council. If the Council wished to continue this matter and direct that a workshop be done, the only -- the only thing I had recommended to the applicant and staff was that the Council or yourself, Madam Mayor, not be a participant in that, since you are decision makers in the ultimate resolution. But if the applicant feels they have got a good project or a good proposal in front of you and you want to take action on it, you certainly can. If they want to ask that we sit down with staff and the applicant a little further and try to work through whatever issues that might exist, we can certainly do that at your direction. I think the workshop as they had originally asked for was including either some or all of the Council or the Mayor as well and I don't think that would be appropriate to make a final decision. But, again, I did communicate that to the applicant and she did respond in saying that we would take this up later. So, she may have a different -- different view for tonight, especially at 1:00 o'clock. De Weerd: Would you like to comment? Meridian City Council June 6, 2006 Page 115 of 120 Thompson: Madam Mayor, Members of the Council, Tamara Thompson, Landmark Development Group, 1882 Taluka Way, Boise, Idaho. 83712. My initial frustration was just that there wasn't a lot of discussion between council members on the denial of the variance and that I wanted to try to get a better understanding of what the issues were with Council and getting Mr. Nary's reply that that would not be appropriate, I did sit down with Anna last week and had what I would call a workshop with staff. So, if that is -- basically, I mean, if I have to only work with staff and we can't work with Council, then, I think we have had that and we are ready to go forward. De Weerd: Okay. Council, I guess my -- and I know we have made them wait all night. It is 1:00 o'clock in the morning. Is everyone even lucid to consider -- and is this a five minute discussion or a one hour discussion? Canning: There are unresolved issues, so I don't think it's a five minute discussion. De Weerd: So, Council, I don't know if maybe you might consider continuing this for a workshop and giving staff and the applicant some more specific direction. I don't know what we can do at this stage, but I know I'm fading. I was fading during The Tree Farm, so -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I was going to say it appears that we are going to have a Public Hearing on the issue. I think the question is whether we do that tonight. I would be willing to continue that. I don't think an additional workshop with staff is what the applicant's asking for. They want a hearing, but I agree it's 1:00 o'clock in the evening, I would be willing to continue this to a date certain. De Weerd: Council, I guess if you could give at least the applicant a little bit of feedback. You know, maybe, Tamara, it would help to ask specific questions that you can come back with. I feel -- I feel that I have errored by letting you stay all night and it's 1:00 o'clock and we are going to continue you without any additional information. So, is there -- if this is something that Council wants to do, consider continuing this, is there some direction that -- that the applicant or questions the applicant can ask to know when we get back together again what you're looking for? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I had a question for Anna. She said there is quite a bit of difference or something. I take it that the biggest difference is the right -in, right -out. What's the other ones, Anna? Meridian City Council June 6, 2006 Page 116 of 120 Canning: Madam Mayor, Members of the Council -- Bird: Without getting into a Public Hearing. Canning: I won't. When Tamara first came to talk to me I felt she had addressed the issues. In looking back over the previous discussions I realize there was ACHD issues with -- related to construction of Allys Way that were not addressed by this proposal. So, there is -- that's the biggest concern. And, then, the temporary nature of an access and, really, how temporary is commercial access once people get accustomed to that access is it really going to be temporary. So, I think that those are the two outstanding issues. De Weerd: So, perhaps that's enough direction to come back with -- so you at least know what those issues are? Canning: I think the three of us need to meet with ACRD. Bird: Okay. Now, if we continue it are we just going to be -- does she realize it will be the 20th? Because we don't meet next week, I guess. We are not going to have a quorum next week. De Weerd: The 20th. Go ahead. Thomas: I just said I have until July 5th and, then, this baby is coming. So, the 20th would be fine. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Tamara, I guess in light of Anna's questions, there was a remark on how it's paid for, the access that would be temporary, how changes in future access that's ten years down the road on how that's paid for. So, that was -- I guess you need some direction of what the questions might be, but while you have us here if there is something else on your list -- we can't do a workshop together, so that question's out. Thompson: Yeah. Madam Mayor, Councilman Borton, my main frustration, basically, was just what the -- what the main issues were and -- and what the Council would like to see as far as some happy medium we could come to, which I think we have presented something that is potentially a win-win for both sides and I hope you guys all got -- got copies of -- of what we have -- or what our proposal was going to be, without actually going into it. So, I think -- I think the issues that Anna's bringing up right now as far as Allys Way, that was a condition in our preliminary plat that we had to pay for half of that road. So, I guess I just don't understand what the issue is there. But I do see that there are some things that we need to look at closer with however far down the road that these accesses -- the permanent status of it changes, you know, if ownership changes, Meridian City Council June 6, 2006 Page 117 of 120 that kind of stuff, how that gets paid for, if that's bonded for up front or that type of stuff. So, we can work on that. Specifically I just was hoping for -- you know, there is not a whole -- sometimes there is not a lot of discussion amongst you guys to give us somewhere to go, so -- De Weerd: Usually there is lots of discussion. Thompson: I just didn't feel like on this that I had a good understanding of what the hot points were, but if staff understands those -- which I think they do and I think after talking with Anna this last week I had a better understanding of where that is, so I don't think I have any specific questions, unless you all have something that you know is your hot button, whether it's speed limits or -- I'm sure safety is at the top of all of our lists, but -- De Weerd: It certainly is and that's why we adopted restricted access, so -- Council? Wardle: Madam Mayor, I move that we continue Items 22 and Items 23 to June 27th, which would be the only meeting where we will have three -- De Weerd: Shaun won't be here on the -- I mean Councilman Wardle won't be here on the 20th. Bird: Yeah. Good idea. De Weerd: And the 20th is packed full of all kinds of fun items, too. Borton: Second. De Weerd: Okay. I have a motion to continue the Public Hearing to June 27th, 2006. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 24: Ordinance No. 06-1233 : AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC — northwest comer of North Ten Mile Road and West Pine Avenue: Item 25: Ordinance No. 06-1234 : AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC — 2445 North Wingate Lane: Item 26: Ordinance No. 06-1235 : AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast comer of Ten Mile Road and Chinden Boulevard: Meridian City Council June 6, 2006 Page 118 of 120 Item 27: Ordinance No. 06-1236 : AZ 06-011 Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision by Pacific Landmark Development — 5603 North Locust Grove Road: De Weerd: Okay. Items 24 through 27, Ordinance 06-1233, 06-1234, 06-1235 and 06- 1236. 1 will ask the clerk to, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1233, an ordinance for annexation of property located in the southeast quarter of the northeast quarter of Section 10, Township 3 North, Range 3 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1234, an ordinance for annexation of property located in the southeast quarter of the northwest quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Which was Charlie's favorite ordinance. Berg: Ordinance 06-1235, an ordinance for annexation of property located on the west one half of the northwest quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: And Ordinance 06-1236, an ordinance for annexation of property located in the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories Meridian City Council June 6, 2006 Page 119 of 120 situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. I'm finished. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Since we have heard those all by title only -- De Weerd: Is there anyone who would like to hear it read in their entirety? Seeing none, Mr. Wardle. Wardle: Madam Mayor, I move we approve Items 24, 25, 26, and 27 with suspension of rules, please. Borton: Second. De Weerd: All those in favor -- oh, sorry. Will. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 28: 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): Bird: Madam Mayor, I move we go into Executive Session as per 67-2345(1) (c), quick and out. Rountree: I'll second that so we can get it over with. De Weerd: Okay. We have a motion and a second. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 6, 2006 Page 120 of 120 EXECUTIVE SESSION: De Weerd: I will entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we adjourn. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 1:15 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) WA 0 - 'A,�,VMY DE WEERC� 0"0000 ATTESTE / / ®6 DATE APPROVED, 01F m ►.L WILLIAM G. BERG JR., ERK a June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of May 9, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • June 2,2W6 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of May 16, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -C REQUEST Approve Minutes of May 23, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 June 2, 2006 AZ 06-003 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Hightower, LLC ITEM NO. 3-D REQUEST Findings for Approval : Annexation and Zoning of 24.03 acres from RUT to R-8, R-15 and C -C zones for Hightower Subdivision — SW comer of Chinden Boulevard and Jericho 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: See Attached Findings INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: 1 Contacted: Q Date: p Phone: Emailed: _-- l�� r ayU�lnG . Coa:� Staff Initials: Materials presented at public meetings shall become property of ft City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUN 1' ' .Il„ City ® eridian k Office ti IDAHO IT In the Matter of Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R- 15 (8.04 acres) and C -C (3.68 acres), AND Preliminary Plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres, AND Conditional Use Permit for a mixed use development within 300 -feet of a residence, AND a Variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26), for Hightower Subdivision, by Hightower, LLC. Case No(s): AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 For the City Council Hearing Date of. May 9, 2006 Approved on May 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 1 of 5 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 9, 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 dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 9, 2006 is herby conditionally approved; 3. The applicant's request for a variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26) is hereby granted; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference, with the following modifications: • That as part of the Development Agreement for this property, the applicant consents to the vacation of Jericho Road and that the owner agrees to submit an application for Vacation or Exchange of Right-of-way for Jericho Road to the City of Meridian and to the ACHD prior to or concurrent with submittal of a final plat application. • That all lots will meet the minimum frontage requirement of the zone • That two townhouse lots shall be removed from the development D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 2 of 5 0 0 Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 3 of 5 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 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 4 of 5 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: \ f� 0 4 day of VOTED_zr— VOTED VOTED_�w VOTED VOTED MAYO T de WEERD Of i 27 A- W. = WILLIAM G. BERG, JR., bTY ME j A Copy served upon: V" Applic:'I ;;" Planning Dep`aftt3i�i`i°�°`'\ Public Works Department City Attorney By: Dated: Ly ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 5 of 5 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 STAFF REPORT City Council Hearing Hearing Date: May 9, 2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Hightower Subdivision r.tw�#� ILa: HO ay wf, • AZ -06-003- Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) • PP -06-003- Preliminary plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres • CUP -06-004- Conditional Use Permit for mixed use development within 300 - feet of a residence • VAR -06 -004 -Variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (SH 20/26) • PS -06-006- 2 Private Streets in the proposed R-15 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres), Preliminary Plat approval of 109 residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Permit approval of a mixed use development for Hightower Subdivision. The site is located on the southwest corner of Jericho Road and Chinden Road (US 20/26). The applicant has also submitted a Variance application that will be before the City Council concurrent with the subject applications. The Variance request proposes one new approach to Chinden Road (US 20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department (ITD) has provided a letter dated February 13, 2006 which expresses support of the proposed access to Chinden Road and states that the proposed location conforms to the Access Management Plan agreed upon with the City of Meridian. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Phil Hull, The Land Group ii. In opposition: Tom Buuck iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Limitation on building height for entire development requested by the adjacent property owner, Tom Buuck. ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck. iii. Configuration of the townhouse lots at the south terminus of N. Torre Way. c. Key Commission Changes to Staff Recommendation: i. Add a restriction to the Development Agreement which states: "The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck." Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 1 CITY OF MERIDIAN PLAN]* DEPARTMENT STAFF REPORT FOR THE MNG DATE OF MAY 9, 2006 ii. Add a restriction to the Development Agreement which states: "The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height." iii. Add a Condition which states: "The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006." iv. Add a Condition which states: "The applicant shall add a note to the face of the plat that references the Right to Farm Act." v. Add a Condition which states: "The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications." d. Outstanding Issue(s) for City Council: i. Variance application for access to Chinden Road (US 20/26). ii. Configuration of Lots 5-14, Block 6 and common drive access to said lots. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-003, PP -06-003, CUP -06-004, and VAR -06-006 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 Jericho Road and Chinden Road (SH 20/26) Township 4N, Range 1E, Section 30 b. Owners: Louise White 6201 N. Jericho Road Meridian, ID 83642 c. Applicant: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 d. Representative: Phil Hull, The Land Group Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 2 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE IOING DATE OF MAY 9, 2006 e. Present Zoning: RUT -Ada County f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use -Community) g. Description of Applicant's Request: 1. See Exhibit Al (prepared by The Land Group) 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. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute a preliminary plat 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: April 17 and May 1, 2006 e. Radius notices mailed to properties within 300 feet on: April 14, 2006 f. Applicant posted notice on site by: May 1, 2006 5. LAND USE a. Existing Land Use(s): Bare land, single family residence. b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Castlebury Subdivision, R1 (Ada County). 2. West: Vacant land, zoned RUT (Ada County). 3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8. 4. East: Westborough Subdivision, zoned R-4, R-8, R-15, and L -O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer stub from Saguaro Canyon to the south. Location of water: There are water stubs to the south from Saguaro Canyon and to the east in Jericho Road. Issues or concerns: Conceptual sewer plans show sewer mains with less than the allowed three feet of cover. Proposed five-foot setback off of the private streets does not leave room for the Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HSING DATE OF MAY 9, 2006 common trench utilities. 2. Vegetation: Agricultural/Irrigated 3. Floodplain: N/A 4. Canals/Ditches Irrigation: No major facilities 5. Hazards: None identified 6. Size of Property: 24.03 acres f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 66 single-family residential lots, of which 28 units are alley accessed homes located in Block 9 and are approximately 4,700-5,000 square feet in area. These lots are designed to meet the minimum standards of the R-8 district. The lots on the perimeter of the R-8 are larger, with sizes ranging from 5,000-6,000 square feet. The submitted plat also includes 43 lots in an R-15 proposed zone. These R-15 products are townhouse designs and each building would be contained on a lot. These lots are accessed from proposed roadways with reduced 29 -foot street sections and on -street parking will be limited to one side of the roadway. The submitted plat also contains three buildable lots in a C -C proposed zone with commercial uses. Commercial uses are shown to be two approximate 5,000 square -foot buildings and one approximate 3,750 square -foot buildings. The applicant has not specified specific uses for these pad sites, however they have requested drive through approval for Lot 2, Block 3. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Chinden Road is designated as an "Entryway Corridor." As such, the UDC (Table 11-213-3) requires a 35 -foot wide street buffer adjacent to the roadway. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along Chinden Road. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. 2. Width of buffer(s) between land uses: Table 11-213-3 requires a 25 -foot wide buffer between commercial uses on C -C -zoned land and residential uses. Lots adjacent to the Commercial lots shown on the plat/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 3.52 acres or 18.3 percent and applied as an additional amenity. 4. Other landscaping standards: The landscape buffer along Chinden Road should be constructed in accordance with UDC Chapter 3, Article B. h. Conditional Use Information: 1. Non-residential square footage: 13,750 square feet shown 2. Proposed building height: 50 feet, or C -C standards 3. Percentage of site devoted to building coverage: Not defined Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HIDING DATE OF MAY 9, 2006 4. Percentage of site devoted to landscaping: 3.52 acres, 18.3% 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 i. Amenities — The applicant is providing a neighborhood park, open play area, gazebo, and children's play structure. j. Required Residential Standards — Note: The proposal was not accepted by the Planning Department as a Planned Development and the R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 15 15 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage -alley loaded varies 40 Frontage -garage fronted varies 50 Lot Size -alley loaded 4,630-5,098 4,000 Lot Size -garage fronted 5,000-6,000 5,000 Maximum building height 35 35 R-15 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 10 10 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage varies 0 Lot Size 3,192-5,500 2,400 Maximum building height 40 40 k. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f., which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 5 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE 10ING DATE OF MAY 9, 2006 As noted previously, ITD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-311. ITD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with LTD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury entrance across Chinden Road to the north. For a detailed report on both rID's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On February 10t` 2006, 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 property is located in a Mixed Use/Neighborhood Center designation on the Comprehensive Plan Future Land Use Map. The Future Land Use Map designates this property as `Mixed Use — Community' with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) 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): Mixed Use Area Comp Plan Policies (taken from Chapter VIED • "All development proposed in these areas will require approval as planned developments under the Conditional Use Permit application process. In these locations, the developer has the option to develop either a neighborhood center in conformance with the City's neighborhood center design ordinance, or develop a conventional mixed use project." A CUP application accompanies the annexation and zoning request, which fulls the first part of this policy. To date, the City has not adopted a neighborhood center design ordinance. This application is being processed as a "conventional mixed use project. " (See next bullet.) • "If developing a conventional mixed use project, four specific design elements must be incorporated into the development: a) street connectivity, b) open space, c) pathways, and d) density, not below eight (8) dwelling units per acre." a) Street Connectivity: The developmentproposes to connect the development with Chinden Road with a single public street, N. Saguaro Hills Way. There are several other public streets and alleys that are all interconnected to each other and adjacent parcels, and staff is supportive of the street connectivity proposed. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 6 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 b) Open Space: The applicant is proposing to construct a neighborhood park and set aside approximately 18 percent of the site for open space. The Comprehensive Plan is not more explicit with regard to open space, other than it must be provided somewhere within neighborhood centers. c) Pathways: d) DensiLv: The overall density of this project is 5.50 dwelling units per acre (gross). The residential portion of the project that is within the mixed use area is below the 8 dwelling units per acre target density. Although the density is below the target, most of the proposed lots are between 4,400 and 6, 000 square feet. "The following standards will serve as guidelines for development of the neighborhood center areas: a. Most blocks are 300' maximum, similar to Old Town. b. Larger blocks along arterial streets and for traffic calming. c. Neighborhood Center Commercial area is located at the %i mile, not at arterial intersections. d. Schools are located mid-section, with frontage along a collector street. e. Interconnected circulation that is convenient for automobiles, pedestrians, and transit. f. Variety of housing choices. g. Housing is arranged in a radiating pattern of lessening densities. h. Transition between different housing types or densities at alleys. i. Residents can access neighborhood commercial services without being forced onto arterial streets. j. Facilitates more efficient transportation along arterials. k. Grid street pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. 1. Connects to and integrates with the larger street and pathway system. in. Reduced right-of-way widths are encouraged. n. Open space must be provided. o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be developed under a Planned Development/CUP application." Staff finds that the proposed development generally complies with the design standards of a neighborhood center. (See Chapter VII, pgs. 97-98, for the above-mentioned mixed-use policies.) • "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On February IO'h, 2006, a joint agency and department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point to Chinden Road, an arterial roadway. The location of the proposed N. Saguaro Hills bray intersection of Chinden Road is supported by Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 7 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE KING DATE OF MAY 9, 2006 staff, however, it is contingent on City Council's approval of the associated Variance application. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 35 foot wide landscape berm along Chinden Road. Staff is supportive of this width, as long as the entire buffer lies outside the ultimate right-of- way. Staff finds that the project generallconforms to the purpose statements and intent o the Comprehensive Plan. Sta also finds that the proposed uses will be harmonious with and in accordance with the Comprehensive Plan. 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 -C 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 constitute strip commercial development and encourage clustering of commercial development. c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached homes and townhouses as permitted uses in the R-8 and R-15 zones d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. 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)space for every five hundred (500) square feet of gross floor area f. Structures Subject to Design Standards (11 -3A -19.B.5): All structures on property adjacent to an entryway corridor (Chinden Road) are subject to the design standards listed in this section. g. 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. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 8 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE SING DATE OF MAY 9, 2006 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application appears 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 are several special considerations for the P&Z Commission to review at the public hearing: 1. AZ Application (AZ -06-003): 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 12/9/2005 by Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service 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. 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: Non -Residential Buildings: The applicant has requested a maximum of 13,750 square feet of commercial spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (16,500) for more marketable conditions. The maximum square footage of one single building shall not exceed 1/2 of the maximum buildings. The applicant has submitted sample elevations and a materials list for the commercial products. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. Residential Buildings_ The applicant has submitted several elevations for both private street accessed townhouses and detached single family residential products, as well as a materials list. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. 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 Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 9 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 9, 2006 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 -06-003): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: 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 -C 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 20 -foot wide buffer between the commercial area and the proposed townhomes. The applicant should be required to create a 25 -foot wide landscape buffer easement along the lots that abut the townhouse lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. Landscape Street Buffers: UDC 11-2B requires a 35 -foot wide street buffer along entryway corridors. Chinden Road is classified as an Entryway Corridor. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Chinden Road and the buffer has been placed in a common lot. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. Private Streets: The applicant is proposing two private streets to serve the alley loaded homes in Block 9. 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 and the Findings in Exhibit D. Turnaround on Menara Avenue: Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. On -street Parkins: Per ACRD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho the reduced 29 -foot street section. Coordinate with ACRD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. Direct Lot access to Chinden Road and Jericho Road: Direct lot access to Chinden Road and Jericho Road shall be prohibited and shall be noted on the face of the plat. Common Drives: Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. Staff has concerns about the configuration of these lots and the applicant should be prepared to address at the public hearing by means of a graphic illustration, that the driveways and parking pads will be Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 10 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 designed and built in a fashion that allows reasonable vehicular movement to and from the townhomes. Cross Access: Because one of the proposed commercials lots does not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the commercial portions of the subdivision to use the driveways and parking aisles. Chinden Road Access: The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. As noted previously, TTD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-31-1. TTD, ACRD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with TTD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, TTD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury Subdivision entrance across Chinden Road to the north. 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 the north side of W. Hightower Drive. 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. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 18.3% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: a neighborhood park, open play area, gazebo, and children's play structure. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Hightower Home Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Ditches. Laterals, and Canals: 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. 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 has not submitted a detailed fencing plan with the applications. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 11 CITY OF MERIDIAN PLANAP DEPARTMENT STAFF REPORT FOR THE Hf)ING DATE OF MAY 9, 2006 CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. Refuse/Service Area Screen: 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. Parking: One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,750 square feet, which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. Drive Through: The applicant has requested approval of the drive through lane on Lot 2, Block 3 as part of the Conditional Use Permit. Staff finds that it complies with UDC 11-4- 3.11 and should be approved with the application. Design Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Chinden Road in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following comments: Architectural Character: The submitted sample building elevations conform with the architectural standards as follows: • The proposed modifications exhibit facade modulations, roof line recesses and projections along a minimum of 20 % of the length of the facade as required; • The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30 % of the facade length; • The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; • The proposed modifications exhibit at least two changes in color, texture and materials; and • The proposed modifications screen all ground -level and rooftop mechanical equipment as viewed from the property line. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 2. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front facade of the building and abutting streets. The site currently contains existing parking in front which is 52% of the total for the building, and satisfies this requirement. 3. Pedestrian Walkways: Staff finds that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: • A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 12 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE BOING DATE OF MAY 9, 2006 Compliance to include a walkway from the sidewalk along W. Hightower Drive to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. 4. Variance Application (VAR -06-006): Section 11-311-3 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 Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." There are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. 9b. Staff Recommendation: Based on the above analysis, staff fords the AZ/PP/CUP/VAR applications substantially conform with the adopted Comprehensive Plan policies and UDC standards. Provided that concerns raised herein can be addressed at the public hearing, we recommend approval of the AZ/PP/CUP/VAR applications with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings/Materials/Photos 1. Preliminary Plat (dated January 12, 2006, Revised 3-22-06) 2. Landscape Plan (dated March 8, 2006) 3. Site Plan (dated March 9, 2006) 4. Materials List 5. Proposed Elevations (no date) B. Legal Descriptions C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 13 CITY OF MERIDIAN PLANO DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from UDC — 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit 4. Variance 5. Private Street Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 14 CITY OF MERIDIAN PLANT& DEPARTMENT STAFF REPORT FOR THE I-OING DATE OF MAY 9, 2006 Exhibit Al: Preliminary Plat (dated January 12, 2006 Revised 3-22-06) PH q EfiEE 8 aaaaa aaa; 1 Ii p gA Exhibit A Page 1 iane Proffminary Plat MerfcHan, Idaho Exhibit A Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HoING DATE OF MAY 9, 2006 oil r s�p�41 "'— HIGHTOWER SUBDIVISION PFAeridiert FdaPro mm. E) Exhibit A Page 2 �� k��'� � � �3'��' = � �::�t!!r!��' CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 ExhibitAI Site Plan (dated March 9, 2006) Exhibit A Page 4 ------------ -uup im ii Exhibit A Page 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HJOING DATE OF MAY 9, 2006 Exhibit A4: Materials List Commercial Materials List Stucco exterior walls Architectural composition shingle roof or the on pitched roof areas Built up roof on flat roof areas Aluminum/Glass storefront doors and windows Canvas Awnings Rock/Brick/Wood detailing Concrete or Brick walks Striped asphalt drives and parking areas Professionally landscaped perimeter and interior planter areas Residential Materials List 4 Composition Shingle Roof - Architectural grade and above 4 Horizontal lap siding (wood or similar product type) or combination of lap siding and stucco 4 Rock, Brick or Wood detailing 4 Vinyl or Wood windows t; Wood or Stucco trim t; Concrete or Brick walks Concrete driveways Wood fascia Wood railings Aluminum or Copper gutters Grass mow strip Advanced caliper tree in front yard Exhibit A Page 5 CITY OF MERIDIAN PLANT& DEPARTMENT STAFF REPORT FOR THE HUNG DATE OF MAY 9, 2006 Exhibit A5: Proposed Elevations (no date) Exhibit A Page 6 CITY OF MERIDIAN PLANK; DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 9, 2006 Exhibit A Page 8 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 Exhibit A Page 10 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 Exhibit A Page 11 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE IOING DATE OF MAY 9, 2006 Exhibit A Page 12 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 Exhibit A Page 13 CITY OF MERIDIAN PLANT DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 9, 2006 Exhibit A Page 14 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 15 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 16 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIOING DATE OF MAY 9, 2006 Exhibit A Page 17 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 Exhibit A Page 18 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FO X Lauth ur vet's,,, roc. 4698 Orono W Rd, 8" 162 a 80160 Idaatao A 83M A 208-342 7937 d 208-342.7437 Phil ice, r.9 3 ► 4-f'H 5178. A PoRum OF THE NoRTmwEST % OF THE NoRTwasT % of SEcnoN 30, TowNsHIP 4 NORTH, RMSE 1 EAST. BOISE bfEa[otaK ADA Coen M, IaaHo A Portion of the Northwest X of the Northeast X of Section 30, Township 4 North, Range 1 Fast, Boise Meridian. Ada County. Idaho. more particularly described as follows; Beginning at a bund Brass Cap &Matt malieitg On No rtt[easi Corner of Section 30, from whist a find Brass Cap f3immment m artdrg the North %. Comer thereof bears North 139°51'45' West, a distance of 2,633.96 feet thence along the Nordumiy barmy of Section 30 and the Center line of State Highway 20/26, North 89"51'45' West, a distance of 1,341.98 feet to its Intersection with the Center line of Jericho Road, the TRUE POINT OF BEGNMUG; thence along the Center k e of Jericho Road, South 00°29'46" West, a distance of 649.36 fust to its intersec tiara with the Eby prolongation of the common bury of property described in Warranty Deed incnetw nt Num6ert SM51 and Persami Representatives Deed Instrument Number 104154997; therme along said prolorKjahon aril common barmy, North 89'43'30' West, a distance of 616.56 feat to the beginning of a curve to the [at thence along said curve to the left having a length of 31.42 feet a radius of 20.00 feet, a central angle of 9000'00", tangents of 2Q00 feet, and a tong chord which bears South 45"16'30° West a distance of 2828 feet to a found 4 inch iron pipe marlvrg the North- West -Northeast 140 corm of Section 30; thenoe continuing along the common boundary of qty described in Warranty Dead Instrument Number 8943551 and WWM* Dead k0trument Number 104154997, South 00°14'5W West, a distance of 660.55 feet to t h a Color -we st-Northe as t 1 j con,tar of Section 30 and the Eos My corner comimon to property described in Persoret Representatives Deed kwhu rent Number 104154997 and Personal Representatives Deed Instrument Number 104163946; thence along the North 1116' fine Of Section 30 arid the common boundary of said Properties. North 88'56'42' West a distance of 658.63 feet to the Center --North 1116"' comer of Section 30; Exhibit B Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 thence along the North-South Center line of Section 30, North 00°30'27' East, a distance of 857.63 feet to a found 5/8 Inch rebar with plastic cep staffed °PLS 4118" ,narking the Westerly cornier common to property described in Persons Represenki ives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along the common boundary of said properties, South 89°4756' East, a distance of 503.68 feet to a found % inch rebar with no cap marking an angle point to said boundety, thence continuing along the common boundary of property described in Personal 54997 and Wwnm* Deed Instrument Numbrr Representatives 1 m 02036999 North '4400" 44' East a di 43200 bet to a fwd U2 inch rebar with no cap marking the Northerly carton cornier tkereot, on the Southerly Righter Way of Stere Highway 20126, thence North 00°08'15' East, a distance of 40.00 feet to a point an the Northerly bey of Section 30 and the Center tine of State Highway 201266 theme along said boundary and Center line, South 89°51'45' East a distance of 786.76 feet to feet to the TRUE POINT OF BEGINNING; Containing 1,046,2 square feet, 24.034 acres, more Imm Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, Presklent, PLS 7612 END OF DESCRIMON TJFIV 9V:iPt*c4st2 MS -OWI. D it MNNMCd-A- Exhibit B Page 3 BY V APi'RO�` iAN 17 206 "'Yvo SDRC CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 oma. LOT Z BLOCK 1, BLYiHE ESTATES PROP tQF FROCOW LUTHERAN CHURCH CWD 101093531 NOd3d�7►�� 8.63' v z < � v 4 Z m ` 1+1 ppiiooz L 7mGg � �r C ' IJA1�1� • n Z 3.ma `v m lv A jq X a w E: 61 ` 1=11D NOW41rWE 43LOIV � 0 Z 1 a C-) ` O C � �c CA SM414'+hI sso ss ' . P a rn z e _ o P o oom SE ,�. g IE $ I ° n fills 80 Exhibit B Page 4 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 9, 2006 FOX Land Surveys. /We., rise w oFUrtana Rd, STE U2 a !!!M RD a 83705A 208442-7957 A 20e-342-7437 PAX CC REZONE DESCRIPTION A PORTION OF THE NoRTHwEsT Ys OF THE NORTHEAST % OF S€CTICM 30, TOWNSHIP 4 NORTH, RANQE 1 EAST, BoisE MERIDIAN, ADA CouNw, IDAHO A Portion of the Northwest X of the Northeast V4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30, from which a found Brass Cap Monument marking the North %+ Corner thereof bears North 89°51'45° West, a distance of 2,6 33.96 feet; thence along the Northerly boundary of Section 30 and the Center line of State Highway 20/26, North 89°51'45° West, a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00'16'30° West, a distance of 371.75 feet to a point, thence North 89°43'30° West, a distance of 433.76 feet to a point on the common boundary of property described in Personal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along the common boundary of said properties and the Northerly Mansion them, North 00"4444° East, a distance of 370.72 feet to its intersection with the Center line of State Highway 20126; thence along said Center line, South 89°51'45' East, a distance of 430.72 feet to the TRUE POINT OF BEGINNING; Containing 160,459 square feet, 3.683 acres, more or less Refer to attached sketch Fox land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DFsSCRIP7.'ION TJF.Uj W*.\Pkw;cts12WSMS-M4Yq t%4C Acw-'s-1446.dw Exhibit B Page 5 CITY OF MERIDIAN PLANA* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 N 00°30`27" E 657.63` s 00°30'27° w 471.72' 0C CD --- --- 'r z � � I N � i ooh m rn o ch N00044,441E N°4444® E 472.x' 175.5 101.28' 370.72' S 00° w6r W 660.55'�) z � n � I �' 0 ®a0®� I z I ( (z I A ca is of °� NO S 0!°2.9'46° W - 649.36' I �ii rn d ARUCHO ROAD Za CAs ROpFssi _ ! c � o Exhibit B Page 6 -4 A CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HIDING DATE OF MAY 9, 2006 FOX Land Surveys 4888111 *" t ud Rd, STE 162 A Dots ID A 837W A 268-342.7"7 A 209.=-7437 FAX R8 REZONE DESCRIPTION A P®RTnoro of THE NoRTHwEw 4/4 of TmE NoRTmEAw % of SECT= 30, TovosMP 4 Nom, RANeE 9 EAST, SME MEPMIA u, ADA Couury, IoaHo A Portion of the Northwest % of the Northeast %4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30, from which a found Brass Cap Monument marking the North % Comer thereof treats Neth 89051'45° West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the center line of, North 8!°51450 West, a distance of 2,633.96 feet to a found Brass Cap Monument marking the North % Comer thereof; thence along the North South center line of Section 30, South 00`30'2T' West, a distance of 471.72 feet to a found 5/8 inch rebar marking the Westerly comer common to property described In Personal Representatives Deed irastrunent Number 104154887 and Warranty Deed Instrument Number 102036999, the TRUE POINT OF BEGINNING; thence along the common boundary thereof, South 899477 East, a distance of 503.68 feet to an angle point in the common boundary of said properties; thence along the Southerly projection of the North-South common boundary of property described In Personal Representatives Deed Instrument Number 104154987 and Warranty Deed Instrument Number 102036959, South 00°44'44° West, a distance of 175.57 feet to a point; thence South 89°45'10° East, a distance of 172.58 feet to the beginning of a non -tangent curve to the left; thence along said curve to the left having a length of 31.42 feet, a radius of 20.00 feet, a central angle of 90°00'00", tangents of 20.00 feet, and a long chord which bears South 45°16'30° West, a distance of 28.28 feet to a point of non -tangency and the Northwest - Northeast 11W comer of Section 30, marked by a found 4 Inch iron pipe; thence along the West -East 1164"' lire of Section 30, South 00'14'5W West, a distance of 660.55 feet to the Center -West -Northeast 1/6�4�' comer thereof; thence along the North 1/16' line of Section 30, North 89 W47 West, a distance of 6513.63 feet to the Center North 1/16' comer of Section 30; Exhibit B Page 7 CITY OF MERIDIAN PLANA* DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 9, 2006 thence along the North-South center line of Section 30, North OD030'27° East, a distance of 857.63 feet to the TRUE POINT OF BEGINNING; Containing 536,165 square feet, 12.308 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION Exhibit B Page 8 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 QN 00"30127- E 857.63` s 00°30'27' W 471.72' 0 --- --- i N tF I m I �� mX u9m "�NW44.44-E N '44'44"E 472.00'79 �o7s•sr 101.28° 370.72'S 00° 14'50" W 660.55' iZ i 2 .®000 � I ��-'$°p W w n i3 Fo i �p mmma W o� 0 600I I c C ��" <r NC z s A S 0002S'4W W- 649.38' m o ¢n° n JEMCHO ROAD co W 0 N Z f Exhibit B Page 9 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 FOX anSurreys, nc. 4658 W Overland Rd, STE 162 a Beige, IDA 83705 a 208-342-7857 A 208.342,7437 FAX RIS REZONE DESCRIPTION A PORTION of THE NoaTHwesT % OF THE NORTHEAST Ug OF SECTION 30, Towmsmp 4 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA Couffl , IDAHO A Portion of the Northwest''/, of the Northeast % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Corner of Section 30, from which a found Brass Cap Monument marking the North % Comer thereof bears North 89°51'45° West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Cel Una of State Highway 20126, North 89°51'45' West, a distance of 1,341.98 feet to its lydersection with the Center line of Jericho Road the TRUE POINT OF BEGINNING; thence alb said Center line, South 0002946" West, a distance of 649.36 feet to its intersection with a line 20.00 feet North of the North -North 1Mm Brie of Section 30; thence along a line 20.00 feet North of and parallel with Said V64m line, North 89°43'30° West, a distance of 616.55 feet to a point; thence North 89°45'10° West, a distance of 172.58 feet to its Intersection with the Southerly projection of the common North-South boundary of property described in Personal nal RepresentaWes Dem Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along said projection and boundary, North 00'44'44" East, a distance of 278.85 feet to a point; thence South 89°43'30° East, a distances of 433.76 feet to a point; thence North 00016`30° East, a distance of 371.75 feet to a point on the Corder One of State Highway 2OM; thence along said Centerline, South 89°51'45" East a distance of 355.61 feet to the TRUE POINT OF BEGINNING; Containing 350,318 square feet, 8.042 acres, more or less. Refer to attached sketch. Exhibit B Page 10 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 F.N!} OF DESCREMON TJF:taj W. Frolecm PljlPrtjealDesaipfimU 4R.IS(3-14d)63.doc Exhibit B Page I 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 ® N 00°30'27" E 857.63' S 00'3027" W 471.72' +7 Ph Z _► I nco m N00°44'441€ N °44'44" E 472.00' $ �n' 101.29 370.72' 1I n w gl S 00°14'50^ W 660.55' �� 1 � I� �, ® O 001am ca I �� ��W I ffi Sia >� mca� w I I -a�mlatma tirr � Fan— � m pm m z I goo ' QdC Z S 00°29'46°00°29'46°W • 649.36' i C to g a s m v JERICHO ROAD 01 1r .I c I- Q �I off,' a LA— Exhibit B Page 12 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 tilHIGHTOWER SUBDIVISION Rezone Plan Meridian, Ww ILII Exhibit B Page 13 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Hightower Subdivision as follows: 1. That all future development 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. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted CUP site plan dated March 9, 2006 and the sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck. 11. The homes on Lots 2. 3, 4, and 5 of Block 10 shall be limited to 25 feet in height. 12. That the applicant consents to the vacation of Jericho Road, and that the owner as Tees to submit an application for Vacation or Exchanee of Riaht-of-way for Jericho Road to the City of Meridian and to the ACRD prior to or concurrent with submittal of a final plat application. CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-003) and Conditional Use Permit (CUP -06-004) applications shall also be considered conditions of the Preliminary Plat. The applicant shall remove two townhouse lots and ensure that all lots meet the frontage requirements of the zone (see Condition 1.1.5 below). 1.1.2 Create an open space easement for the required 25 -foot wide landscape buffer along the east boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. 1.1.3 The landscape plan prepared by The Land Group, labeled Sheets L1.1, is 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. 1.1.4 The applicant shall construct along Chinden Road a landscape berm and wall consistent with the requirements contained in the letter from Sue Sullivan, ITD, dated February 13, 2006. 1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications. 1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision Business/Home Owners Association(s). 1.1.7 Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29 -foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. 1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. 1.1.9 Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. 1.1.10 The applicant shall revise the plat to depict the required 10 -foot wide street buffer easements along the north side of W. Hightower Drive on the commercial lots. 1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.12 Provide cross access/cross parking easements for Lots 2, 3, and 4, Block 3. 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. 1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006. 1.1.14 The applicant shall add a note to the face of the plat that references the Right to Farm Act. CITY OF MERIDIAN PLAN4 DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Road and Jericho Road. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.16 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.17 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. 1.1.18 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. 1.1.19 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. 1.1.20 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.21 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. 1.1.22 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. 1.1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. SITE SPECIFIC CONDITIONS --CONDITIONAL USE PERMIT 1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the commercial lots shall comply substantially with said plan. 1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 114-3.11 and is approved. 1.1.26 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. 1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 1.1.28 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 2. (Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro Canyon. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The applicant shall coordinate with the Public Works Department for an acceptable solution to this problem. 2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon Subdivision and Jericho Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The water main that is being run from Jericho Road that is being proposed as an eight -inch shall be upsized to a 10 -inch, routing of such shall be coordinated with the Public Works Department, and shall include a 10 -inch stub to the property to the west. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50 -feet. Minimum lot frontage for these lots shall be 50 -feet. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas and private streets. 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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, CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic rated material per City of Meridian Standard Specification 7.05(W). 2.14 A ten -foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along public and private right-of-ways the width shall be sufficient to allow for 10 feet past the edge of the sidewalk. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.25 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. CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 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 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. For all Fire Lanes, provide signage "No Parking Fire Lane". 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HJOING DATE OF MAY 9, 2006 11. 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. 12. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %Z the diagonal measurement of the full development. 13. Building setbacks shall be per the International Building Code for one and two story construction. 14. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 15. 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. 16. 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. 17. Maintain a separation of 5' from the building to the dumpster enclosure. 18. Provide a Knox box entry system for the complex prior to occupancy. 19. The first digit of the Apartment/Office Suite shall correspond to the floor level. 20. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 21. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 22. Provide exterior egress lighting as required by the International Building & Fire Codes. 23. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 24. There shall be a fire hydrant within 100' of all Fire Department connections. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIOING DATE OF MAY 9, 2006 25. Alleys that serve mews shall be at least 24 -feet wide. 26. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. Police Department 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 W. Saguaro Hills Drive. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 3. The loading areas shall be separated from all public parking areas. 5. Parks Department 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 1. No comments received. 7. Ada County Highway District CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 7. ACRD District Policy 7207.9.3 restricts residential driveways to a maximum width of 20 - feet. );� Local Residential driveways are to be constructed not more than 20 feet wide, paving them the entire width and no less than 30 -feet into the site. ➢ ACHD understands direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. C. Site Specific Conditions of Approval 1. Construct West Hightower Drive in alignment with Newberry Street, a 30 -foot wide curb return type access intersecting Jericho Road, approximately 285 -feet south of State Highway 20/26, on the opposite side of the street. 2. Locate West Hightower Drive as proposed, approximately 280 -feet north of the southeast property line (property tine to centerline) to approximately 110 -feet north of the southwest property line (property line to centeriine). 3. Construct West Hightower Drive as a 40 -foot street section within 54 -feet of right- of-way; complete with vertical curb, gutter, 5 -foot attached or 7 -foot detached sidewalk. Any additional direct lot access in this area other than specific approvals In this application are prohibited and will be required to be noted on the final plat. 4. Locate a northern access from West Hightower Drive to the commercial development approximately 220 -feet east of North Saguaro Hills Way (centerline to centerline). 5. Locate North Saguaro Hills Way in alignment with Castlebury Avenue, approximately 80 -feet east of the northwest property line, transitioning south, past the Intersection with West Hightower Drive, to where it stubs 120 -feet west of the southeast property line (property line to centerline). 6. Locate the western access from North Saguaro Hills Way to the commercial development on the east side of the road approximately 170 -feet south of State Highway 20/26 (centerline to centerline). 7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 40 -foot street section within 54 -feet of right-of-way; complete with vertical curb, gutter and sidewalk. S. Construct North Saguaro Hills Way, from approximately 310 -feet south of the north property line where it intersects West Hightower Drive, south to stub at the south property line (located approximately 115 -feet west of the southeastern property line) as a 36 -foot street section within 50 -feet of right-of-way; complete with rolled curb, gutter and sidewalk. 10 Hightower Preliminary Plat CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 9. Construct Jericho Road as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk; additional direct lot access in this area, other than the specific approvals In this application, are prohibited and will be required to be noted on the final plat. 10. Dedicate a total of 27 -feet of Right -of -Way from the centerline of Jericho Road to the new property line. 11. Locate West Hightower Drive intersecting Jericho Road approximately 285 -feet south of the north property line (property line to centerline) aligning with Newberry Street adjacent to the site. 12. Locate three 29 -foot street sections within 42 -feet of Right -of -Way as proposed: a. Praia Way, located 280 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of - Way. b. Rail To Street, located 280 -feet to 170 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of -Way. c. Torre Way, located 170 -feet west of the east property line (property line to centeriine) and running north, as a 29 -foot street section terminating with a turnaround 13. Locate the seven stub streets in alignment with other existing streets in the adjacent subdivisions are attached to this report. ACHD's aRproval is conting ton actual alignments. A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection and have a sign stating, "This street will be extended in the future." Locate the internal local roadways with stubs as proposed. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. a. The location of West Hightower Drive A stub street to the west property line located approximately 330 -feet south of the north property line (property line to centeriine). This stub street is anticipated to serve the 5 -acre parcel located directly to the west. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. b. The location of North Menara Avenue A stub street to the south property line located approximately 510 -feet west of the east property line (property line to centerline). This stub 11 Hightower Preliminary Plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 street is anticipated to serve the 5 -acre parcel located directly to the south. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. C. The Location of West Macau Street A stub street to the west property line located approximately 110 -feet south of the north property line (property line to centerline). This stub street Is anticipated to serve the 9.5 -acre parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. d. The location of North Saguaro Hills Way A stub street to the south property line located approximately 110 -feet west of the east property line (property line to centerline). This stub street is anticipated to serve the 55 -acre parcel located directly to the south, Saguaro Canyon Subdivision #3 2005. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. e. The location of North Tashkent Avenue A stub street to the north property line located approximately 110 -feet east of the west property line (property line to centerline). This stub street Is anticipated to serve the 5 -acre parcel located directly to the north. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. f. The location of Tallinn Street (west) A stub street to the west property line located approximately 100 -feet north of the southwest properly line (property line to centerline). This stub street Is anticipated to serve the parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fad that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 9• The location of Tallinn Street (east) A stub street to the east property line located approximately 100 -feet north of the southeast property line (property line to centerline). This stub street Is anticipated to serve the approximately 4.6 acre parcel located directly to the east. District staff is supportive of the applicant's 12 Hightower Preliminary Plat CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 14. Locate two private alleys 125 -feet south of West Macau Street (centerline to centerline) and 125 -feet north of West Tallinn Street (centerline to centerline). 15. Construct a cul-de-sac turnaround with island at the terminus of North Torre Place, approximately 130 -feet north of West Hightower Drive (near edge to centerline) with a minimum 29 -foot pavement surface surrounding the island and a minimum 45 -foot turning radius around the island. 16. The location of the Island located In block 2, lot I Is approved as proposed. The highway district requests the dedication of Block 2, lot 1 to preserve the Right -of - Way for this particular Island. 17. Construct Local all Residential driveways not more than 20 feet wide, paving them the entire width and no less than 30 -feet Into the site. 18. Direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. 19. Provide a letter from 1TD outlining their requirements; ACHD will require the applicant to satisfy those requirements as well. 20. Comply with Section D, Standard Conditions of Approval. 13 Hightower Preliminary Plat CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HIOING DATE OF MAY 9, 2006 D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the Districrs Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all Improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be In conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 In the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are In writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District, 13. Any change by the applicant In the planned use of the property which Is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions In force at the time the applicant or Its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 14 Hightower Preliminary Plat CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H40NG DATE OF MAY 9, 2006 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 Community' is defined as "provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." City 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 plat and conditional use permit (PP -06-003/ CUP -06-004). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. City Council finds that the proposed residential uses are allowed in the proposed R-8 and R-15 zones. 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. City Council finds that the proposed C -C zone, 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. Staff 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. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 City 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, City 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On February 10, 2006, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should 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. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11-511-3.E). City Council finds that the annexation and zoning of this property to C -C. R-15 and R-8 would be in the best interest of the City. UDC 11-6B-6: Preliminary Plat Findings 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; CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF MAY 9, 2006 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 City 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. F. The development preserves significant natural, scenic or historic features. City 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. UDC 11 -5B -6E: Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 24.03 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed residential/commercial uses meet 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 proposal shows a an access to Chinden Road which requires a Variance and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, and an access variance is granted, this finding will be met. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H0NG DATE OF MAY 9, 2006 The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The applicant will be required to construct the proposed buffer between land uses where commercial lots abut residential lots. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all AZ/PP/CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and IM 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. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City 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. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City 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. City Council finds the future buffer between land uses along the property boundary and the use and Chinden Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. H. 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. UDC 11 -5B -4E: Variance Findings In order to grant a variance, the Council shall make the following findings: CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (TTD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." City Council finds that because of this recommendation from ITD, the granting of this variance will not grant a right or privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. City Council finds that the granting of the variance will not be detrimental to the public health, safety or welfare and has the potential of increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26). UDC 11-3F-5 Private Street Findings: In order to approve the application, the Director shall find the following: 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 11-3F4; no gates are allowed. Roadway and storm drainage shall be contained on site. 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 Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed 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. The location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. r� U June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Hightower, LLC ITEM NO. 5-E REQUEST Findings for Approval: Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15,& C -C zones for Hightower Sub — SWC of Chinden & Jericho Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings Contacted: Dater IF 10r, Phone: Emailed: vv Staff Initials: _ l�G CC Materials presented at public efeetinps sha0 became properly of the City of Meridian. CJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUN 0 2006 ® eridian f } k Office I".VFY SIF d, " tif SWAst '7 In the Matter of Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R- 15 (8.04 acres) and C -C (3.68 acres), AND Preliminary Plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres, AND Conditional Use Permit for a mixed use development within 300 -feet of a residence, AND a Variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26), for Hightower Subdivision, by Hightower, LLC. Case No(s): AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 For the City Council Hearing Date of. May 9, 2006 Approved on May 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 1 of 5 • 0 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 9, 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 dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 9, 2006 is herby conditionally approved; 3. The applicant's request for a variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26) is hereby granted; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference, with the following modifications: • That as part of the Development Agreement for this property, the applicant consents to the vacation of Jericho Road and that the owner agrees to submit an application for Vacation or Exchange of Right-of-way for Jericho Road to the City of Meridian and to the ACHD prior to or concurrent with submittal of a final plat application. • That all lots will meet the minimum frontage requirement of the zone • That two townhouse lots shall be removed from the development D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 2 of 5 Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 3 of 5 0 • 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 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 4 of 5 0 By action of the City Council at its regular meeting held on the COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: 6 day of VOTED_#° — VOTED_#G� VOTED_66� VOTED Al hfZ,w VOTED VA - . Copy served upon: ✓ "Applicant Planning Department ublic Works Department ✓ City Attorney By Dated: U -q -OU Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 5 of 5 CITY OF MERIDIAN PLANNSPEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 STAFF REPORT City Council Hearing Hearing Date: May 9, 2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Hightower Subdivision a 4 of rrsv nF C&'eridiall 1 tvaea�tca g' �� • AZ -06-003- Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) • PP -06-003- Preliminary plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres • CUP -06-004 Conditional Use Permit for mixed use development within 300 - feet of a residence • VAR -06 -004 -Variance to UDC 11-3H4.2B for allowance of an access point to Chinden Road (SH 20/26) • PS -06-006- 2 Private Streets in the proposed R-15 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres), Preliminary Plat approval of 109 residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Permit approval of a mixed use development for Hightower Subdivision. The site is located on the southwest corner of Jericho Road and Chinden Road (US 20/26). The applicant has also submitted a Variance application that will be before the City Council concurrent with the subject applications. The Variance request proposes one new approach to Chinden Road (US 20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department (ITD) has provided a letter dated February 13, 2006 which expresses support of the proposed access to Chinden Road and states that the proposed location conforms to the Access Management Plan agreed upon with the City of Meridian. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Phil Hull, The Land Group ii. In opposition: Tom Buuck iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Limitation on building height for entire development requested by the adjacent property owner, Tom Buuck. ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck. iii. Configuration of the townhouse lots at the south terminus of N. Torre Way. c. Key Commission Changes to Staff Recommendation: i. Add a restriction to the Development Agreement which states: "The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck." Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page I CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 ii. Add a restriction to the Development Agreement which states: "The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height." iii. Add a Condition which states: "The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from TTD dated March 30, 2006." iv. Add a Condition which states: "The applicant shall add a note to the face of the plat that references the Right to Farm Act." v. Add a Condition which states: "The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications." d. Outstanding Issue(s) for City Council: i. Variance application for access to Chinden Road (US 20/26). ii. Configuration of Lots 5-14, Block 6 and common drive access to said lots. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-003, PP -06-003, CUP -06-004, and VAR -06-006 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 Jericho Road and Chinden Road (SH 20/26) Township 4N, Range 1E, Section 30 b. Owners: Louise White 6201 N. Jericho Road Meridian, ID 83642 c. Applicant: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 d. Representative: Phil Hull, The Land Group Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H1WG DATE OF MAY 9, 2006 e. Present Zoning: RUT -Ada County f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use -Community) g. Description of Applicant's Request: 1. See Exhibit Al (prepared by The Land Group) 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. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute a preliminary plat 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: April 17 and May 1, 2006 e. Radius notices mailed to properties within 300 feet on: April 14, 2006 f. Applicant posted notice on site by: May 1, 2006 5. LAND USE a. Existing Land Use(s): Bare land, single family residence. b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Castlebury Subdivision, Rl (Ada County). 2. West: Vacant land, zoned RUT (Ada County). 3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8. 4. East: Westborough Subdivision, zoned R-4, R-8, R-15, and L -O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer stub from Saguaro Canyon to the south. Location of water: There are water stubs to the south from Saguaro Canyon and to the east in Jericho Road. Issues or concerns: Conceptual sewer plans show sewer mains with less than the allowed three feet of cover. Proposed five-foot setback off of the private streets does not leave room for the Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 3 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 common trench utilities. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: No major facilities 5. Hazards: None identified 6. Size of Property: 24.03 acres f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 66 single-family residential lots, of which 28 units are alley accessed homes located in Block 9 and are approximately 4,700-5,000 square feet in area. These lots are designed to meet the minimum standards of the R-8 district. The lots on the perimeter of the R-8 are larger, with sizes ranging from 5,000-6,000 square feet. The submitted plat also includes 43 lots in an R-15 proposed zone. These R-15 products are townhouse designs and each building would be contained on a lot. These lots are accessed from proposed roadways with reduced 29 -foot street sections and on -street parking will be limited to one side of the roadway. The submitted plat also contains three buildable lots in a C -C proposed zone with commercial uses. Commercial uses are shown to be two approximate 5,000 square -foot buildings and one approximate 3,750 square -foot buildings. The applicant has not specified specific uses for these pad sites, however they have requested drive through approval for Lot 2, Block 3. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Chinden Road is designated as an "Entryway Corridor." As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to the roadway. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along Chinden Road. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. 2. Width of buffer(s) between land uses: Table 11-211-3 requires a 25 -foot wide buffer between commercial uses on C -C -zoned land and residential uses. Lots adjacent to the Commercial lots shown on the plat/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 3.52 acres or 18.3 percent and applied as an additional amenity. 4. Other landscaping standards: The landscape buffer along Chinden Road should be constructed in accordance with UDC Chapter 3, Article B. h. Conditional Use Information: 1. Non-residential square footage: 13,750 square feet shown 2. Proposed building height: 50 feet, or C -C standards 3. Percentage of site devoted to building coverage: Not defined Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 9, 2006 4. Percentage of site devoted to landscaping: 3.52 acres, 18.3% 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 i. Amenities — The applicant is providing a neighborhood park, open play area, gazebo, and children's play structure. j. Required Residential Standards — Note: The proposal was not accepted by the Planning Department as a Planned Development and the R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 15 15 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage -alley loaded varies 40 Frontage -garage fronted varies 50 Lot Size -alley loaded 4,630-5,098 4,000 Lot Size -garage fronted 5,000-6,000 5,000 Maximum building height 35 35 R-15 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 10 10 Street to Garage 20 20 Side 4 4 Rea 12 12 Frontage varies 0 Lot Size 3,192-5,500 2,400 Maximum building height 40 40 k. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f., which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 5 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 As noted previously, TTD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. ITD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, TTD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury entrance across Chinden Road to the north. 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 February 10`" 2006, 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 property is located in a Mixed Use/Neighborhood Center designation on the Comprehensive Plan Future Land Use Map. The Future Land Use Map designates this property as `Mixed Use — Community' with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) 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): Mixed Use Area Comn Plan Policies (taken from Chanter VIII • "All development proposed in these areas will require approval as planned developments under the Conditional Use Permit application process. In these locations, the developer has the option to develop either a neighborhood center in conformance with the City's neighborhood center design ordinance, or develop a conventional mixed use project." A CUP application accompanies the annexation and zoning request, which fuflls the first part of this policy. To date, the City has not adopted a neighborhood center design ordinance. This application is beingprocessed as a "conventional mixed use project. " (See next bullet.) • "If developing a conventional mixed use project, four specific design elements must be incorporated into the development: a) street connectivity, b) open space, c) pathways, and d) density, not below eight (8) dwelling units per acre." a) Street Connectivity: The developmentproposes to connect the development with Chinden Road with a single public street, N. Saguaro Hills Way. There are several other public streets and alleys that are all interconnected to each other and adjacent parcels, and staff is supportive of the street connectivity proposed. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 6 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 b) Open Space: The applicant is proposing to construct a neighborhood park and set aside approximately 18 percent of the site for open space. The Comprehensive Plan is not more explicit with regard to open space, other than it must be provided somewhere within neighborhood centers. c) Pathways: d) Density : The overall density of this project is 5.50 dwelling units per acre (gross). The residential portion of the project that is within the mixed use area is below the 8 dwelling units per acre target density. Although the density is below the target, most of the proposed lots are between 4,400 and 6, 000 square feet. "The following standards will serve as guidelines for development of the neighborhood center areas: a. Most blocks are 300' maximum, similar to Old Town. b. Larger blocks along arterial streets and for traffic calming. c. Neighborhood Center Commercial area is located at the % mile, not at arterial intersections. d. Schools are located mid-section, with frontage along a collector street. e. Interconnected circulation that is convenient for automobiles, pedestrians, and transit. f. Variety of housing choices. g. Housing is arranged in a radiating pattern of lessening densities. h. Transition between different housing types or densities at alleys. i. Residents can access neighborhood commercial services without being forced onto arterial streets. j. Facilitates more efficient transportation along arterials. k. Grid street pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. 1. Connects to and integrates with the larger street and pathway system. in. Reduced right-of-way widths are encouraged. n. Open space must be provided. o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be developed under a Planned Development/CUP application." Stafffinds that the proposed development generally complies with the design standards of a neighborhood center. (See Chapter VH, pgs. 97-98, for the above-mentioned mixed-use policies.) • "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On February 10`x', 2006, a joint agency and department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point to Chinden Road, an arterial roadway. The location of the proposed N. Saguaro Hills Way intersection of Chinden Road is supported by Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 7 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HIOG DATE OF MAY 9, 2006 staff, however; it is contingent on City Council's approval of the associated Variance application. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 35 foot wide landscape berm along Chinden Road. Staff is supportive of this width, as long as the entire buffer lies outside the ultimate right-of- way. Stafffinds that the proiectgenerally conforms to the purpose statements and intent of the Comprehensive Plan. Staffalso finds that the proposed uses will be harmonious with and in accordance with the Comprehensive Plan 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 -C 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 constitute strip commercial development and encourage clustering of commercial development. c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached homes and townhouses as permitted uses in the R-8 and R-15 zones d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. 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 f. Structures Subject to Design Standards (11 -3A -19.B.5): All structures on property adjacent to an entryway corridor (Chinden Road) are subj ect to the design standards listed in this section. g. 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. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 8 CITY OF MERIDIAN PLANN(fDEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application appears 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 are several special considerations for the P&Z Commission to review at the public hearing: 1. AZ Application (AZ -06-003): 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 12/9/2005 by Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service 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. Staff believes that a Development Agreement is necessary to ensure that thisprop is developed in a fashion that is consistent with the comprehensive Dlan designation and does not negatively impact nearbyoperties Staff believes that the Development Agreement should include the following provisions: Non -Residential Buildings: The applicant has requested a maximum of 13,750 square feet of commercial spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (16,500) for more marketable conditions. The maximum square footage of one single building shall not exceed %2 of the maximum buildings. The applicant has submitted sample elevations and a materials list for the commercial products. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. Residential Buildings The applicant has submitted several elevations for both private street accessed townhouses and detached single family residential products, as well as a materials list. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. 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 Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 9 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 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 -06-003): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: 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 -C 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 20 -foot wide buffer between the commercial area and the proposed townhomes. The applicant should be required to create a 25 -foot wide landscape buffer easement along the lots that abut the townhouse lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. Landscape Street Buffers UDC 11-2B requires a 35 -foot wide street buffer along entryway corridors. Chinden Road is classified as an Entryway Corridor. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Chinden Road and the buffer has been placed in a common lot. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. Private Streets: The applicant is proposing two private streets to serve the alley loaded homes in Block 9. 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 and the Findings in Exhibit D. Turnaround on Menara Avenue: Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. On -street Parking: Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho the reduced 29 -foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. Direct Lot access to Chinden Road and Jericho Road: Direct lot access to Chinden Road and Jericho Road shall be prohibited and shall be noted on the face of the plat. Common Drives: Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. Staff has concerns about the configuration of these lots and the applicant should be prepared to address at the public hearing, by means of a graphic illustration, that the driveways and parking pads will be Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 10 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 designed and built in a fashion that allows reasonable vehicular movement to and from the townhomes. Cross Access: Because one of the proposed commercials lots does not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the commercial portions of the subdivision to use the driveways and parking aisles. Chinden Road Access: The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. As noted previously, TTD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. TTD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury Subdivision entrance across Chinden Road to the north. 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 the north side of W. Hightower Drive. 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. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 18.3% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: a neighborhood park, open play area, gazebo, and children's play structure. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Hightower Home Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Ditches, Laterals, and Canals: 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. 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 has not submitted a detailed fencing plan with the applications. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR 06-004/PS-06-006 Page 11 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 9, 2006 CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. Refuse/Service Area Screen: 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. Parking: One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,750 square feet, which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. Drive Through The applicant has requested approval of the drive through lane on Lot 2, Block 3 as part of the Conditional Use Permit. Staff finds that it complies with UDC 11-4- 3.11 and should be approved with the application. Design Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Chinden Road in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following comments: 1. Architectural Character: The submitted sample building elevations conform with the architectural standards as follows: • The proposed modifications exhibit fagade modulations, roof line recesses and projections along a minimum of 20 % of the length of the fagade as required; • The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30 % of the facade length; • The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; • The proposed modifications exhibit at least two changes in color, texture and materials; and The proposed modifications screen all ground -level and rooftop mechanical equipment as viewed from the property line. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 2. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front facade of the building and abutting streets. The site currently contains existing parking in front which is 52% of the total for the building, and satisfies this requirement. 3. Pedestrian Walkways: Staff fords that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: • A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 12 CITY OF MERIDIAN PLANNSIDEPARTMENT STAFF REPORT FOR THE HE*4G DATE OF MAY 9, 2006 Compliance to include a walkway from the sidewalk along W. Hightower Drive to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. 4. Variance Application (VAR -06-006): 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 Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." There are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUP/VAR applications substantially conform with the adopted Comprehensive Plan policies and UDC standards. Provided that concerns raised herein can be addressed at the public hearing, we recommend approval of the AZ/PP/CUP/VAR applications with the conditions shown in Exhibit B. 10. EX=ITS A. Drawings/Materials/Photos 1. Preliminary Plat (dated January 12, 2006, Revised 3-22-06) 2. Landscape Plan (dated March 8, 2006) 3. Site Plan (dated March 9, 2006) 4. Materials List 5. Proposed Elevations (no date) B. Legal Descriptions C. Conditions of Approval L Planning Department 2. Public Works 3. Fire Department 4. Police Department Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 13 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 S. Parks Department 6. Sanitary Services 7. ACHD D. Required Findings from UDC — 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit 4. Variance 5. Private Street Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 14 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 Exhibit Al: Preliminary Plat (dated January 12, 2006 Revised 3-22-06) aca•aa aaaaa c B 3NU 11111 � Exhibit A Page 1 fulfill • CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE H1ONG DATE OF MAY 9, 2006 11 1111111011111 E ra•aa aa�a� 1 t. Exhibit A Page 2 Lie, �[ Exhibit A Page 2 IY I CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 ExhibitAI Site Plan (dated March 9, 2006) Exhibit A Page 4 � g 9411150flil8b IIng 55 Eeg�S� ®v Rg9 E HIGHTOWER SUBDWOON GmAvonw Use SRO pwn modeffm tdatw ;C Em q CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEW DATE OF MAY 9, 2006 Exhibit A4: Materials List Commercial Materials List Stucco exterior walls Architectural composition shingle roof or tile on pitched roof areas Built up roof on flat roof areas Aluminum/Glass storefront doors and windows iz Canvas Awnings l; Rack/Brick/Wood detailing Concrete or Brick walks Striped asphalt drives and parking areas l; Professionally landscaped perimeter and interior planter areas Residential Materials List Composition Shingle Roof - Architectural grade and above Horizontal lap siding (wood or similar product type) or combination of lap siding and stucco 4 Rock, Brick or Wood detailing Vinyl Or Wood windows y Wood or Stucco trim i; Concrete or Brick walks l; Concrete driveways 1? Wood fascia y Wood railings f; Aluminum or Copper gutters Grass mow strip Advanced caliper tree in front yard Exhibit A Page 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HIG DATE OF MAY 9, 2006 Exhibit A5: Proposed Elevations (no date) Exhibit A Page 6 CITY OF MERIDIAN P LANNO DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLANNISDEPARTMENT STAFF REPORT FOR THE HIG DATE OF MAY 9, 2006 Exhibit A Page 8 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 10 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit A Page I 1 CITY OF MERIDIAN PLANN46DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 9, 2006 Exhibit A Page 12 CITY OF MERIDIAN PLANN#DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 13 CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit A Page 14 CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HE&G DATE OF MAY 9, 2006 Exhibit A Page 15 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 9, 2006 Exhibit A Page 16 CITY OF MERIDIAN PLANNTWEPARTMENT STAFF REPORT FOR THE HE&G DATE OF MAY 9, 2006 Exhibit A Page 17 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 Exhibit A Page 18 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FOX Land Surveys, on u -c, 4896 OVWUU d MO. VrE 162 4 QoftO Ida hO Q WJM b 208 -M - 79W A 10&342-7437 FAX J11., JAI,91-luy A Poom OF THE NOMMM s % OF WE NOMW-AST % OF SEC7tQI1r 30, TVMMIP 4 Nam-, Rn m t EAST. BOISE W3WV^ ADA CouM, !Deem A Portion of the Northwest % Of Ste Northeast X Of Sscfion 30, Township 4 Nath, fRangef1 Eat, B rise Marid"m, Ad* Coin , , M(We Particularly described as olk%", BeWrrdng at a found tis Cap &ftipmg "W"&V @W NOMUNM C.curter' of Section 30, from which a found Brass Cap KONiument nwkbV ft North 3. Corertherrsof bears Nath 89°51'45' West. a distwoe of 2,633.96 feet thence along the lorthady berry of S sc tjon 30 and the Center line of State Higfwvay 2026, North 89°51'45' West a distance of 1,341.Safeet to its inlere9clion with the Cent tine of Jericho Road, the TRUE PONT OF BEGBROW thence along the Cel line ofJericho Road, South 00°29'48" West a distance of 649 36 feat to its inters tion with the Easterly poicrigam of the common beery of property described In Why Dead hUhumerd Number 8543651 and PenxmW Representatives Deed UtstrurrreM Nth 104954997; the afartg said Wolor4phori aid cot ninon bastdary, North OW43W Week a distance Of 618.56 feet to the beginnincj ora curve to the Wt tha3 m aWV said axerve to the left haft a length of 31.42 hma, a rads of 20.00 fee% a of W*WW, U11140ft of 2000 fOK and a ImV chord which bears South West. a dSWW Of 2828 feat to a t+ocrrtd 4 incur hin pqm maricirtg the North- W*9-Noiths'08t 1JWcornerof Section 30; them O0nftMMV MOM the Common boundary Of Deed INumber S ri acrd in� !► Daed 90415499.77, South00 14'50` West, a disigim of 8.55 feat to the Cer.W 54"' Section 11coater of 30 and tfm Eadedy char corr im to PMO" deftribed In Personal. R Deed InstiuMerit Number 104154997 art Personal ReWesentefives Deed Instrumerd Number 104163946; tiNam atarV the North "Me litre of Section 30 and Etre cement boundary of said Properties, NOM comer of Stertor 8906&4T West, as clistUrm of 658.63 few to On Center -North 1/16'h Exhibit B Page 1 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 9, 2006 #arms along the North, -South Corder Brie of Section 30, North 00OW2r Eaat, a distance of 857.63 feet to a found 56 k'i't rets with plastic cap slaimped `PLS 4116" marking the Westerly caner common to property described in Perms Representatives Dead InMrument Number 104154997 and Warranty deed Inshunent Number 102036999; thence f� found,,� i properties, the common boundary of sold South W49'5V East, a distance of cep marking an woo point to said 6oundaryr, thence continuing along the corunon boundary of property described In Personal Repress DOW Instrument Number 104154997 and Warranty Deed Instrument Nurnf�r 102MM, North 00"44`44' East, a dstance of 432-W feet to a found 112 Inch rebar with no cap marking the Northerly cin cornerthered, an the Southerly Right -d- Way of State Highway 20126; thence North OCrWI5' East, a distarm of 40.00 feet to a point ort the Northerly bounty of Section 30 and the Center litre of State I-lighway 2WW; theme along said boundery mid Center tine. South 89051'4W Eft, a distance of 788.76 feet to feet to the TRUE POINT OF BECHNNIM, CordaiMV 1,046,9552 am me fast, 24.034 arra, store nr inae Refer to attached ketch. Fox Land Surveys, Inc. Timothy J. Fox, President PLS 7612 TJF* Exhibit B Page 3 BY 17 2006 WORKSGEn CITY OF MERIDIAN PLANNJ4WEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 LOT Z BLOCK f. BLYTHE ESTATES 9 If SOB14�"ry ggp„g� Exhibit B Page 4 PROt0t0FMOOSW 3 LUflfERM (kt{RM CM 1 u 4 • y __ _ lJ L' J] } p 19 A> Z w z rnX i > 0� C4 Z JCA rn f 0 ra 0 A 0 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 NAR - FOX Land survev5s /new ! � p 46" W Efvwland Rd, 8TE M Q!!!n ID a 83705 A 4W7Wr a 208,942 7437 FAX CC REZONE DESCMPTiON A PormoN or: THE NortTwmsr Ys of THE Noww-4ST Y. of SEcnom 30, Towusm 4 NoRTtr, RNm 1 Easy, DOME MBWIA a, ADA COUWY, hMW A Portion of the Northwest % of the Northeast % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monumert marking the Northisast Comer of Section 30, from which a found Brass Cap Monument marking the North !4 Corner thereof gars North 89051'450 West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center fine of State Highway 20/26, North 89051'45° West, a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00'16'30° West, a distance of 371.75 feet to a point; thence North 89°43130° West, a distance of 433.76 feet to a point on the common boundary of property desk in Personal Representatives peed Instrument Number 104154897 and Warranty Deed instnanent Number 102036999; thenCs aka the common boundary of said properties and to NorfJteriy e>dension thereof, North 0004*44° East, a distance of 370.72 feet to its intersection with the Center line of State Highway 20/26; thence along said Center lire, South 89°51'45° East, a distance of 430.72 feet to the TRUE POINT OF BEGINNING: Containing 160,459 square feet, 3.683 acres, more or fess Refer to attached sketch Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIMON TJF-* w: "5.064Yq 1446 dm Exhibit B Page 5 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 N 00°30'2r E 857.63' Taca, tJ0°3027"!lV 471.72 i4 X --- �—t ' � i!. ► ( n�° �! ion m ( I r} �N00*"'44°E N '44'44' E 4x2.00' 0 � 101.28' 370.72' ! S 00°14'50° W B60.55' z $ ( ! ®0©0fa it � f { low' , �I! � ' mth C40 I a � -1 IF I so Aff goo C f� •— --G- 8 00°Z9 w W - 849.36' -t p I p� fi m JIMUCHO ROAD 0 I . N p o v+cXNV i Exhibit B Page 6 CITY OF MERIDIAN PLANNepEPARTMENT STAFF REPORT FOR THE HE#G DATE OF MAY 9, 2006 .®f eve e„lra, #few 4888 WovOdMW Ra, VM 102 A 130� to a SSM A 20"42- A Ws,342-7437 Fan R8 REZONE DESCRIPTION A PoRThm OF THE NORTtii mT Y4 of THE NMTHEAW V- OF SE -CTM 30, TOWNSW 4 NORTH, RANeE 1 EAST, SomE MEmUuq, ADA Coutm, hMW A Portion of the Northwest X of the Northeast Y, of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, mare particularly described as folk a; Beginning at a found Brass Cap Monument marking the Northeast Corner of Section 30, from which a found Brass Cap Monument marking the North % Comer thereof bears North 89°51'45' West, a distance of 2,633.96 feet; thence aadi the nceat 2tN'y boundary of sound n mid the center lire of, North x°51'45" Corner thereof• Cap Monument marking the North thence along the North South center line of Section 30, South �°30'27' Wesi, a distance of 471.72 feet to a found 518 inch tabor marking the W lycomercommon to property described in Personal Representatives Deed IrlShcWt Nt unbar 104154997 and Warranty Deed Instrument Number 102036999, the TRUE POINT OF BEGINNING; thence along the common boundary thereof, South 89°49'W East, a distance of 503.68 feet to an angle point in the common boundary of said properties; thence atom the Southerly projection of the NotWgoui t common boundary of property described In Personal Representatives Deed l*uttettt Number 104154997 and Warranty Deed Instrument Number 102036999, South 00°44'44' West, a of 175.57 fact to a Point thence South 89°4511 CY East, a distances of 172.58 feet to the beginning of a non -tangent curve to the left; thence along said curve to the daft having a length of 31.42 feet, a radius of 20.00 feet, a central angle of 80°im W, tangents of 20.OD feel, anis a long dxwd which bears South 45018'30" West, a dice Of 28.28 feet to a point of non and the Northwest - Northeast 11W corner of Section 30, marked by a found 4 Inch iron pipe; thence 680.55 falong the Centhe WWterNotira east 1/64 coOf Section 30mSouth er tt 4' Wei' a distance of along the North 1/16' line of Section 30, North 89°56'42° Westa distance of 658.63 feet to the Center North Ille comer of Section 30; Exhibit B Page 7 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 thence along the North-South center line of Section 30, North OWW2T' East, a distance of 857.63 feet to the TRUE POINT OF BEGINNING; Containing 536,165 sere feet, 12.308 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION Exhibit B Page 8 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit B Page 9 S 00°14'50"' W 660.55' i 0.0060 ( f owl f alla _ (I m��� r 98C o®$ rS 00°30'27' W 471.72' co f t� f . I I m f �� T f f N°44'44" E 472.(V f 101.28' 370.72' Fr - — N 00°30'27" E 857.63' Z 3 C± �I i z > 20 N P �c � m m 50 I� .J Exhibit B Page 9 S 00°14'50"' W 660.55' i 0.0060 ( f owl f alla _ (I m��� r 98C o®$ rS 00°30'27' W 471.72' co f t� f . I I m f �� T f f N°44'44" E 472.(V f 101.28' 370.72' Fr W*s'4eW JERiC140 fit.®AD iA 1� C± �I > 20 � I P �c I I� V W*s'4eW JERiC140 fit.®AD iA CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 9, 2006 FOX Land Surveys, IIIc. 4606 W Overland ltd, 162 A Be1Me, ID A 83705 a 20$.342.7n? A 20&342-7437 FAX R1ti REZONE DESCRIPTION A PORTION OF THE NORTHWEST IIs OF THE NORTHEAST % or= SEenom 30, TowNswP 4 NORTH, RANGE 1 EAST, BOISE cul, ADA Co1INTy, IDAHO A Portion of the Northwest % of the Northeast % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; fromBeginning at a found Brass Monument markirig the Northeast Corner of Section 30, which a found Cap Monument marking tttie North */ Comer theref bears North 89°51'450 West, a distance of 2,633.96 feet; thence abrg the Northerly boundary of Section 30 and the Cesar Une of State Highway 20/26, North 89°51'45" West, a distance of 1,341.98 feet to its Intersection with the Center line of Jericho Road the TRUE POINT OF BEGINNING; thence aloes said Center One, South 00029'46" West, a distance of 648.36 feet to its intersection with a line 20.00 feat North of the North -North 1164e One of gentian 30, ftmw along a fine 20.00 feet North of and parallel with said IM!h lam, North 89°43'30" West, a dance of 616.56 feet to a point thence North 8V4511o" West, a distance of 172.58 fed to is intersecton with the Southerly Projeclion of the common North-South teary of party descry in Portal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along said Pr*otlon and boundary, North 00°44'44" East, a distance of 276.85 feet to a point thence South 89°43'30" East, a distance of 433.76 feat to a point; thOnce North 00°16`30° Est, a distance of 371.75 feet to a point on the Center tine of State Hkiwway 20126; thence OW10 Said Center tine, South 88°51'45" Fit, a distarm of 355.61 feato TRUE OF BEGINNING; Container 350,318 square feet, 8.042 acres, more or less. Refer to attached stretch, Exhibit B Page 10 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Fox Land Surveys, inc. rnwttty J. Fox, President, PLS 7612 F." OF WSCR[PTTON TJF:aj W:l1Fm tis o64 15t3-14-Wdoe Exhibit B Page 11 CITY OF MERIDIAN PLANNYWEPARTMENT STAFF REPORT FOR THE HEorG DATE OF MAY 9, 2006 N 00°30'27" E 857.83` S 00°30'27° W 471.72' Iz I� � f a� ! N00,44'a4% N DOW440 E 472.x" () �pTS.ST 370.77 I o � '2 w c9_1 I � S 00 1450" W 660.55' z y f I i f 0 0 z !>0 O ®ia v ch t ,� ! e wFn >� m f5 Soo I a c — -{3-S 00'29'46°00'29'46°W • 649.36' ! JERICHO ROAD c J � > Exhibit B Page 12 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit B Page 13 Allin S�IIIli Exhibit B Page 13 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Hightower Subdivision as follows: 1. That all future development 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. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted CUP site plan dated March 9, 2006 and the sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. The applicant shall place five Ballon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by To Buuck. 11. The homes on Lots 2 3 4 and 5 of Block 10 shall be limited to 25 feet in height. 12. That the_apulicant consents to the vacation of Jericho Road, and that the owner agrees to submit an aDnlication for Vacation or Exchange of Right-of-way for Jericho Road to the City of Meridian and to the ACRD prior to or concurrent with submittal of a final plat application CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-003) and Conditional Use Permit (CUP -06-004) applications shall also be considered conditions of the Preliminary Plat. The applicant shall remove two townhouse lots and ensure that all lots meet the frontage requirements of the zone (see Condition 1.1.5 below). 1.1.2 Create an open space easement for the required 25 -foot wide landscape buffer along the east boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. 1.1.3 The landscape plan prepared by The Land Group, labeled Sheets L1.1, is 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. 1.1.4 The applicant shall construct along Chinden Road a landscape berm and wall consistent with the requirements contained in the letter from Sue Sullivan, TTD, dated February 13, 2006. 1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications. 1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision Business/Home Owners Association(s). 1.1.7 Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29 -foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. 1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. 1.1.9 Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. 1.1.10 The applicant shall revise the plat to depict the required 10 -foot wide street buffer easements along the north side of W. Hightower Drive on the commercial lots. 1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.12 Provide cross access/cross parking easements for Lots 2, 3, and 4, Block 3. 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. 1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006. 1.1.14 The applicant shall add a note to the face of the plat that references the Right to Farm Act. CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H0NG DATE OF MAY 9, 2006 1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Road and Jericho Road. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.16 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.17 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. 1.1.18 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 1I - 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. 1.1.19 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. 1.1.20 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.21 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. 1.1.22 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. 1.1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. SITE SPECIFIC CONDITIONS—CONDITIONAL USE PERMIT 1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the commercial lots shall comply substantially with said plan. 1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 11-4-3.11 and is approved. 1.1.26 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. 1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 1.1.28 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro Canyon. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The applicant shall coordinate with the Public Works Department for an acceptable solution to this problem. 2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon Subdivision and Jericho Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The water main that is being run from Jericho Road that is being proposed as an eight -inch shall be upsized to a 10 -inch, routing of such shall be coordinated with the Public Works Department, and shall include a 10 -inch stub to the property to the west. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 94-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50 -feet. Minimum lot frontage for these lots shall be 50 -feet. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas and private streets. 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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, CITY OF MERIDIAN PLANN.DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic rated material per City of Meridian Standard Specification 7.05(W). 2.14 A ten -foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along public and private right-of-ways the width shall be sufficient to allow for 10 feet past the edge of the sidewalk. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.25 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. CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 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 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 VP outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. For all Fire Lanes, provide signage "No Parking Fire Lane". 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 11. 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. 12. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. 13. Building setbacks shall be per the International Building Code for one and two story construction. 14. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 15. 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. 16. 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. 17. Maintain a separation of 5' from the building to the dumpster enclosure. 18. Provide a Knox box entry system for the complex prior to occupancy. 19. The first digit of the Apartment/Office Suite shall correspond to the floor level. 20. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 21. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 22. Provide exterior egress lighting as required by the International Building & Fire Codes. 23. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 24. There shall be a fire hydrant within 100' of all Fire Department connections. CITY OF MERIDIAN PLANNSPEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 25. Alleys that serve mews shall be at least 24 -feet wide. 26. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. Police Department 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 W. Saguaro Hills Drive. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 3. The loading areas shall be separated from all public parking areas. 5. Parks Department 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 1. No comments received. 7. Ada County Highway District CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 7. ACRD District Policy 7207.9.3 restricts residential driveways to a maximum width of 20 - feet. 1, Local Residential driveways are to be constructed not more than 20 feet wide, paving them the entire width and no less than 30 -feet into the site. ➢ ACHD understands direct lot access for certain lots In block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. C. Site Specific Can itions of ARRirovai 1. Construct West Hightower Drive in alignment with Newberry Street, a 30 -foot wide curb return type access intersecting Jericho Road, approximately 285 -feet south of State Highway 20/26, on the opposite side of the street. 2. Locate West Hightower Drive as proposed, approximately 280 -feet north of the southeast property line (property line to centerilne) to approximately 110 -feet north of the southwest property line (property line to centerline). 3. Construct West Hightower Drive as a 40 -foot street section within 54 -feet of right- of-way; complete with vertical curb, gutter, 5 -foot attached or 7 -foot detached sidewalk. Any additional direct lot access in this area other than specific approvals In this application are prohibited and will be required to be noted on the final plat. 4. Locate a northern access from West Hightower Drive to the commercial development approximately 220 -feet east of North Saguaro Hills Way (centerilne to centerline). S. Locate North Saguaro Hills Way in alignment with Castlebury Avenue, approximately 80 -feet east of the northwest property fine, transitioning south, past the Intersection with West Hightower Drive, to where It stubs 120 -feet west of the southeast property line (property line to centerline). 6. Locate the western access from North Saguaro Hills Way to the commercial development on the east side of the road approximately 170 -feet south of State Highway 20/26 (centerline to centerline). 7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 40 -foot street section within 54 -feet of right-of-way; complete with vertical curb, gutter and sidewalk. S. Construct North Saguaro Hills Way, from approximately 310 -feet south of the north property line where it Intersects West Hightower Drive, south to stub at the south property fine (located approximately 115 -feet west of the southeastern property line) as a 36 -foot street section within 50 -feet of right-of-way; complete with roiled curb, gutter and sidewalk. 10 Hightower Preliminary Plat CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 9. Construct Jericho Road as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk; additional direct lot access in this area, other than the specific approvals in this application, are prohibited and will be required to be noted on the final plat. 10. Dedicate a total of 27 -feet of Right -of -Way from the centerline of Jericho Road to the new property line. 11. Locate West Hightower Drive intersecting Jericho Road approximately 285 -feet south of the north property line (property tine to centerline) aligning with Newberry Street adjacent to the site. 12. Locate three 29 -foot street sections within 42 -feet of Right -of -Way as proposed: a. Praia Way, located 280 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of - Way. b. Rail To Street, located 280 -feet to 170 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of -Way. c. Tone Way, located 170 -feet west of the east property line (property line to centerline) and running north, as a 29 -foot street section terminating with a turnaround 13. Locate the seven stub streets In alignment with other existing streets In the adjacent subdivisions are attached to this report, tiCHD's agQroval is contingent on AMOLWIgnmalb. A stub street shall be designed to slope towards the street Intersection and drain surface water toward that intersection and have a sign stating, "This street will be extended In the future." Locate the internal local roadways with stubs as proposed. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. a. The location of West Hightower Drive A stub street to the west property line located approximately 330 -feet south of the north property line (property line to centerllne). This stub street Is anticipated to serve the 5 -acre parcel located directly to the west. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. b. The location of North Menara Avenue A stub street to the south property line located approximately 510 -feet west of the east property line (property line to centerline). This stub 11 Hightower Preliminary Plat CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HE0G DATE OF MAY 9, 2006 street Is anticipated to serve the 5 -acre parcel located directly to the south. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. C. The Location of West Macau Street A stub street to the west property line located approximately 110 -feet south of the north property line (property line to centerline). This stub street Is anticipated to serve the 9.5 -acre parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. d. The location of North Saguaro Hills Way A stub street to the south property line located approximately 110 -feet west of the east property line (properly line to centerline). This stub street Is anticipated to serve the 55 -acre parcel located directly to the south, Saguaro Canyon Subdivision *3 2005. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. e. The location of North Tashkent Avenue A stub street to the north property line located approximately 110 -feet east of the west property line (property fine to centerline). This stub street is anticipated to serve the 5 -acre parcel located directly to the north. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. f• The location of Tallinn Street (west) A stub street to the west property line located approximately 100 -feet north of the southwest property line (property line to centerline). This stub street is anticipated to serve the parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 9• The location of Tallinn Street (east) A stub street to the east property line located approximately 100 -feet north of the southeast property line (property line to centeriine). This stub street Is anticipated to serve the approximately 4.6 acre parcel located directly to the east. District staff is supportive of the applicant's 12 Hightower Preliminary Plat CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 14. Locate two private alleys 125 -feet south of West Macau Street (centerline to centerline) and 125 -feet north of West Tallinn Street (centerline to centeriine). 15. Construct a cul-de-sac turnaround with island at the terminus of North Torre Place, approximately 130 -feet north of West Hightower Drive (near edge to centerline) with a minimum 29 -foot pavement surface surrounding the Island and a minimum 45 -foot turning radius around the island. 16. The location of the Island located In block 2, lot 1 is approved as proposed. The highway district requests the dedication of Block 2, lot 1 to preserve the Right -of - Way for this particular Island. 17. Construct Local all Residential driveways not more than 20 feet wide, paving them the entire width and no less than 30 -feet Into the site. 18. Direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. 19. Provide a letter from ITD outlining their requirements; ACRD will require the applicant to satisfy those requirements as well. 20. Comply with Section D, Standard Condltlons of Approval. 13 Hightower Preliminary Plat CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 D. Standard Conditions of A oroval 1. Any existing Irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. S. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts In pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Polity 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. S. The applicant shall submit revised plans for staff approval, prior to Issuance of building permit (or other required permits), which Incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road Impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 In the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are In writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which Is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change In use is sought. 14 Hightower Preliminary Plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 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 Community' is defined as "provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." City 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 plat and conditional use permit (PP -06-003/ CUP -06-004). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. City Council finds that the proposed residential uses are allowed in the proposed R-8 and R-15 zones. 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. City Council finds that the proposed C -C zone, 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. Staff 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. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 City 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, City 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On February 10, 2006, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should 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. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). City Council finds that the annexation and zoningof this to C C R-1 5 and R-8 would be in the best interest of the City. UDC 11-6B-6: Preliminary Plat Findings 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; CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 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 City 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. F. The development preserves significant natural, scenic or historic features. City 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. UDC 11 -5B -6E: Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 24.03 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed residential/commercial uses meet 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 proposal shows a an access to Chinden Road which requires a Variance and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, and an access variance is granted, this finding will be met. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HIG DATE OF MAY 9, 2006 The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The applicant will be required to construct the proposed buffer between land uses where commercial lots abut residential lots. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council fords that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all AZ/PP/CUP 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. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City 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. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City 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. City Council finds the future buffer between land uses along the property boundary and the use and Chinden Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. H. 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. UDC 11 -5B -4E: Variance Findings In order to grant a variance, the Council shall make the following findings: CITY OF MERIDIAN PLAN VDEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-311-3 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 Idaho Transportation Department (TTD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." City Council fmds that because of this recommendation from ITD, the granting of this variance will not grant a right or privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. City Council finds that the granting of the variance will not be detrimental to the public health, safety or welfare and has the potential of increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26). UDC 11-3F-5 Private Street Findings: In order to approve the application, the Director shall find the following: 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 11-3174; no gates are allowed. Roadway and storm drainage shall be contained on site. 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 Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed 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. The location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. June 2, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Hightower, LLC June 6, 2006 CUP 06-004 ITEM NO. S -F REQUEST Findings for Approval - Request for a CUP for a Mixed Use PD including single family detached, townhouse units, commercial uses, private streets, a neighborhood park & vehicle access to Chinden or Hightower Sub — SWC of Chinden Blvd f AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings Contacted: ym 0 ho Date:OCp Phone: q j —'{ Emailed: (-Dv Staff Initials: Ag 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 CC1 ®f; ridian Office 4d ;, In the Matter of Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R- 15 (8.04 acres) and C -C (3.68 acres), AND Preliminary Plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres, AND Conditional Use Permit for a mixed use development within 300 -feet of a residence, AND a Variance to UDC 11-3114.2B for allowance of an access point to Chinden Road (US 20/26), for Hightower Subdivision, by Hightower, LLC. Case No(s): AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 For the City Council Hearing Date of: May 9, 2006 Approved on May 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 1 of 5 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 9, 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 dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 9, 2006 is herby conditionally approved; 3. The applicant's request for a variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26) is hereby granted; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference, with the following modifications: • That as part of the Development Agreement for this property the applicant consents to the vacation of Jericho Road and that the owner agrees to submit an application for Vacation or Exchange of Right-of-way for Jericho Road to the City of Meridian and to the ACHD prior to or concurrent with submittal of a final plat application. • That all lots will meet the minimum frontage requirement of the zone • That two townhouse lots shall be removed from the development D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 2 of 5 Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 3 of 5 0 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 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 4 of 5 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_e� COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED VOTED_*rte. VOTED #6are� VOTED ATTEST: - 0MEL WILLIAM G. BERG, JR., CITY C E /� �IPPiPPPP P169�+0���a Copy served upon: ✓ Applicant P9d4 Planning Department v*",*,' Public Works Department City Attorney BY Dated: tfi •q ' 0 (.D City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACE, CONCLUSIONS -OF -,AW AND-DECfSr0N-&-0RDER---- CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 5 of 5 _ CITY OF MERIDIAN PLANV DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 STAFF REPORT City Council Hearing Hearing Date: May 9, 2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Hightower Subdivision z f fM drid rev nr irl I- iz� R IDA9-B4l I; KR • AZ -06-003- Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R 15 (8.04 acres) and C -C (3.68 acres) • PP -06-003- Preliminary plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres • CUP -06-004- Conditional Use Permit for mixed use development within 300 - feet of a residence • VAR -06 -004 -Variance to UDC 11-3H4.2B for allowance of an access point to Chinden Road (SH 20/26) • PS -06-006- 2 Private Streets in the proposed R-15 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres), Preliminary Plat approval of 109 residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Permit approval of a mixed use development for Hightower Subdivision. The site is located on the southwest corner of Jericho Road and Chinden Road (US 20/26). The applicant has also submitted a Variance application that will be before the City Council concurrent with the subject applications. The Variance request proposes one new approach to Chinden Road (US 20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department (ITD) has provided a letter dated February 13, 2006 which expresses support of the proposed access to Chinden Road and states that the proposed location conforms to the Access Management Plan agreed upon with the City of Meridian. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Phil Hull, The Land Group ii. In opposition: Tom Buuck iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Limitation on building height for entire development requested by the adjacent property owner, Tom Buuck. ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck. iii. Configuration of the townhouse lots at the south terminus of N. Torre Way. c. Key Commission Changes to Staff Recommendation: i. Add a restriction to the Development Agreement which states: "The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck." Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR 06-004/PS-06-006 Page 1 CITY OF MERIDIAN PLANN(MDEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 ii. Add a restriction to the Development Agreement which states: "The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height." iii. Add a Condition which states: "The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006." iv. Add a Condition which states: "The applicant shall add a note to the face of the plat that references the Right to Farm Act." v. Add a Condition which states: "The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications." d. Outstanding Issue(s) for City Council: i. Variance application for access to Chinden Road (US 20/26). ii. Configuration of Lots 5-14, Block 6 and common drive access to said lots. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-003, PP -06-003, CUP -06-004, and VAR -06-006 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 Jericho Road and Chinden Road (SH 20/26) Township 4N, Range IE, Section 30 b. Owners: Louise White 6201 N. Jericho Road Meridian, ID 83642 c. Applicant: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 d. Representative: Phil Hull, The Land Group Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 2 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H9NG DATE OF MAY 9, 2006 e. Present Zoning: RUT -Ada County f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use -Community) g. Description of Applicant's Request: 1. See Exhibit Al (prepared by The Land Group) 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. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute a preliminary plat 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: April 17 and May 1, 2006 e. Radius notices mailed to properties within 300 feet on: April 14, 2006 f. Applicant posted notice on site by: May 1, 2006 5. LAND USE a. Existing Land Use(s): Bare land, single family residence. b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Castlebury Subdivision, RI (Ada County). 2. West: Vacant land, zoned RUT (Ada County). 3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8. 4. East: Westborough Subdivision, zoned R-4, R-8, R-15, and L -O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer stub from Saguaro Canyon to the south. Location of water: There are water stubs to the south from Saguaro Canyon and to the east in Jericho Road. Issues or concerns: Conceptual sewer plans show sewer mains with less than the allowed three feet of cover. Proposed five-foot setback off of the private streets does not leave room for the Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 3 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 common trench utilities. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: No major facilities 5. Hazards: None identified 6. Size of Property: 24.03 acres f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 66 single-family residential lots, of which 28 units are alley accessed homes located in Block 9 and are approximately 4,700-5,000 square feet in area. These lots are designed to meet the minimum standards of the R-8 district. The lots on the perimeter of the R-8 are larger, with sizes ranging from 5,000-6,000 square feet. The submitted plat also includes 43 lots in an R-15 proposed zone. These R-15 products are townhouse designs and each building would be contained on a lot. These lots are accessed from proposed roadways with reduced 29 -foot street sections and on -street parking will be limited to one side of the roadway. The submitted plat also contains three buildable lots in a C -C proposed zone with commercial uses. Commercial uses are shown to be two approximate 5,000 square -foot buildings and one approximate 3,750 square -foot buildings. The applicant has not specified specific uses for these pad sites, however they have requested drive through approval for Lot 2, Block 3. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Chinden Road is designated as an "Entryway Corridor." As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to the roadway. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along Chinden Road. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. 2. Width of buffers) between land uses: Table 11-2B-3 requires a 25 -foot wide buffer between commercial uses on C -C -zoned land and residential uses. Lots adjacent to the Commercial lots shown on the plat/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 3.52 acres or 18.3 percent and applied as an additional amenity. 4. Other landscaping standards: The landscape buffer along Chinden Road should be constructed in accordance with UDC Chapter 3, Article B. h. Conditional Use Information: I. Non-residential square footage: 13,750 square feet shown 2. Proposed building height: 50 feet, or C -C standards 3. Percentage of site devoted to building coverage: Not defined Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 4 CITY OF MERIDIAN P LANNJ9 DEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 4. Percentage of site devoted to landscaping: 3.52 acres, 18.3% 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 i. Amenities — The applicant is providing a neighborhood park, open play area, gazebo, and children's play structure. j. Required Residential Standards — Note: The proposal was not accepted by the Planning Department as a Planned Development and the R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 15 15 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage -alley loaded varies 40 Frontage -garage fronted varies 50 Lot Size -alley loaded 4,630-5,098 4,000 Lot Size -garage fronted 5,000-6,000 5,000 Maximum building height 35 35 R-15 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 10 10 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage varies 0 Lot Size 3,192-5,500 2,400 Maximum building height 40 40 k. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f., which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 5 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 As noted previously, ITD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. ITD, ACRD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with TM's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury entrance across Chinden Road to the north. 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 February 10`" 2006, 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 property is located in a Mixed Use/Neighborhood Center designation on the Comprehensive Plan Future Land Use Map. The Future Land Use Map designates this property as `Mixed Use — Community' with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) 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): Mixed Use Area Comp Plan Policies (taken from Chanter VIII • "All development proposed in these areas will require approval as planned developments under the Conditional Use Permit application process. In these locations, the developer has the option to develop either a neighborhood center in conformance with the City's neighborhood center design ordinance, or develop a conventional mixed use project." A CUP application accompanies the annexation and zoning request, which fulls the first part of this policy. To date, the City has not adopted a neighborhood center design ordinance. This application is being processed as a "conventional mixed use project. " (See next bullet.) • "If developing a conventional mixed use project, four specific design elements must be incorporated into the development: a) street connectivity, b) open space, c) pathways, and d) density, not below eight (8) dwelling units per acre." a) Street Connectivity: The development proposes to connect the development with Chinden Road with a single public street, N. Saguaro Hills Way. There are several other public streets and alleys that are all interconnected to each other and adjacent parcels, and staff is supportive of the street connectivity proposed. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HING DATE OF MAY 9, 2006 b) Owen Space: The applicant is proposing to construct a neighborhood park and set aside approximately 18 percent of the site for open space. The Comprehensive Plan is not more explicit with regard to open space, other than it must be provided somewhere within neighborhood centers. c) Pathways: d) Densi : The overall density of this project is 5.50 dwelling units per acre (gross). The residential portion of the project that is within the mixed use area is below the 8 dwelling units per acre target density. Although the density is below the target, most of the proposed lots are between 4,400 and 6, 000 square feet. "The following standards will serve as guidelines for development of the neighborhood center areas: a. Most blocks are 300' maximum, similar to Old Town. b. Larger blocks along arterial streets and for traffic calming. c. Neighborhood Center Commercial area is located at the %2 mile, not at arterial intersections. d. Schools are located mid-section, with frontage along a collector street. e. Interconnected circulation that is convenient for automobiles, pedestrians, and transit. f. Variety of housing choices. g. Housing is arranged in a radiating pattern of lessening densities. h. Transition between different housing types or densities at alleys. i. Residents can access neighborhood commercial services without being forced onto arterial streets. j. Facilitates more efficient transportation along arterials. k. Grid street pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. I. Connects to and integrates with the larger street and pathway system. m. Reduced right-of-way widths are encouraged. n. Open space must be provided. o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be developed under a Planned Development/CUP application." Stafffinds that the proposed development generally complies with the design standards of a neighborhood center. (See Chapter VII, pgs. 97-98, for the above-mentioned mixed-use policies.) • "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On February 1 V, 2006, a joint agency and department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point to Chinden Road, an arterial roadway. The location of the proposed N. Saguaro Hills Way intersection of Chinden Road is supported by Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 7 CITY OF MERIDIAN PLANNS DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 staff, however, it is contingent on City Council's approval of the associated Variance application. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 3S foot wide landscape bean along Chinden Road. Staff is supportive of this width, as long as the entire buffer lies outside the ultimate right-of- way. Staff finds that the proiect generally conforms to the purpose statements and intent of the Comprehensive Plan Staffalso finds that the proposed uses will be harmonious with and in accordance with the Comprehensive Plan 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 -C 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 constitute strip commercial development and encourage clustering of commercial development. c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached homes and townhouses as permitted uses in the R-8 and R-15 zones d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. 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 f. Structures Subject to Design Standards (11 -3A -19.B.5): All structures on property adjacent to an entryway corridor (Chinden Road) are subject to the design standards listed in this section. g. 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. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 8 CITY OF MERIDIAN PLANNS DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application appears 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 are several special considerations for the P&Z Commission to review at the public hearing: 1. AZ Application (AZ -06-003): 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 12/9/2005 by Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service 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-31) 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. 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 nearbyoperties Staff believes that the Development Agreement should include the following provisions: Non -Residential Buildings: The applicant has requested a maximum of 13,750 square feet of commercial spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (16,500) for more marketable conditions. The maximum square footage of one single building shall not exceed '/2 of the maximum buildings. The applicant has submitted sample elevations and a materials list for the commercial products. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. Residential Buildings_ The applicant has submitted several elevations for both private street accessed townhouses and detached single family residential products, as well as a materials list. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. 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 Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 9 CITY OF MERIDIAN PLANNIDDEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 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 -06-003): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: 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 -C 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 20 -foot wide buffer between the commercial area and the proposed townhomes. The applicant should be required to create a 25 -foot wide landscape buffer easement along the lots that abut the townhouse lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. Landscape Street Buffers: UDC 11-2B requires a 35 -foot wide street buffer along entryway corridors. Chinden Road is classified as an Entryway Corridor. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Chinden Road and the buffer has been placed in a common lot. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. Private Streets: The applicant is proposing two private streets to serve the alley loaded homes in Block 9. 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 and the Findings in Exhibit D. Turnaround on Menara Avenue: Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. On -street Parking: Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho the reduced 29 -foot street section. Coordinate with ACRD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. Direct Lot access to Chinden Road and Jericho Road: Direct lot access to Chinden Road and Jericho Road shall be prohibited and shall be noted on the face of the plat. Common Drives: Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. Staff has concerns about the configuration of these lots and the applicant should be prepared to address at the public hearing, by means of agraphic illustration, that the driveways and parking Rads will be Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 10 CITY OF MERIDIAN PLANNVWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 designed and built in a fashion that allows reasonable vehicular movement to and from the townhomes. Cross Access: Because one of the proposed commercials lots does not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the commercial portions of the subdivision to use the driveways and parking aisles. Chinden Road Access: The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. As noted previously, TTD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. TTD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury Subdivision entrance across Chinden Road to the north. 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 the north side of W. Hightower Drive. 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. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 18.3% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: a neighborhood park, open play area, gazebo, and children's play structure. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Hightower Home Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Ditches, Laterals, and Canals: 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. 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 has not submitted a detailed fencing plan with the applications. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 11 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HFWG DATE OF MAY 9, 2006 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. Refuse/Service Area Screen: 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. Parking_ One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,750 square feet, which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. Drive Through: The applicant has requested approval of the drive through lane on Lot 2, Block 3 as part of the Conditional Use Permit. Staff finds that it complies with UDC 11-4- 3.11 and should be approved with the application. Design Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Chinden Road in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following comments: 1. Architectural Character: The submitted sample building elevations conform with the architectural standards as follows: • The proposed modifications exhibit fagade modulations, roof line recesses and projections along a minimum of 20 % of the length of the fagade as required; • The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30 % of the facade length; • The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; • The proposed modifications exhibit at least two changes in color, texture and materials; and • The proposed modifications screen all ground -level and rooftop mechanical equipment as viewed from the property line. 1. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 2. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front fagade of the building and abutting streets. The site currently contains existing parking in front which is 52% of the total for the building, and satisfies this requirement. 3. Pedestrian Walkways: Staff finds that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: • A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 12 CITY OF MERIDIAN PLANNI&DEPARTMENT STAFF REPORT FOR THE HIG DATE OF MAY 9, 2006 Compliance to include a walkway from the sidewalk along W. Hightower Drive to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. 4. Variance Application (VAR -06-006): Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." There are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUP/VAR applications substantially conform with the adopted Comprehensive Plan policies and UDC standards. Provided that concerns raised herein can be addressed at the public hearing, we recommend approval of the AZ/PP/CUP/VAR applications with the conditions shown in Exhibit B. 10. EXHMITS A. Drawings/Materials/Photos 1. Preliminary Plat (dated January 12, 2006, Revised 3-22-06) 2. Landscape Plan (dated March 8, 2006) 3. Site Plan (dated March 9, 2006) 4. Materials List 5. Proposed Elevations (no date) B. Legal Descriptions C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 13 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 5. Parks Department 6. Sanitary Services 7. ACHD D. Required Findings from UDC — 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit 4. Variance 5. Private Street Hightower Subdivision AZ-06-003/PP-06-0031CUP-06-0041VAR-06-004/PS-06-006 Page 14 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit Al: Preliminary Plat (dated January 12, 2006 Revised 3-22-06) 11111111110111111 1111111111!164 1 go S 9g g�P� fill 1UeRs E L1� Exhibit A Page 1 Y s -------------- a� HIGHTOWER SUMDIVISION pram my Mat CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HFWG DATE OF MAY 9, 2006 Exhibit A Page 2 9111"1.m HIGHTOWER SUBDIVISION Pre ary Platt Merww, kwo ism ��J� s��w t� �� i; �:. FF � si Joa3�; Kiri CITY OF MERIDIAN PLANNVVEPARTMENT STAFF REPORT FOR THE HFWG DATE OF MAY 9, 2006 ExhibitAI Site Plan (dated March 9, 2006) n F i Exhibit A Page 4 CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HE frG DATE OF MAY 9, 2006 Exhibit A4: Materials List Commercial Materials List Stucco exterior walls ly Architectural composition shingle roof or tile on pitched roof areas t; Built up roof on flat roof areas Aluminum/Glass storefront doors and windows i; Canvas Awnings Rock/Brick/Wood detailing Concrete or Brick walks i; Striped asphalt drives and parking areas Professionally landscaped perimeter and interior planter areas Residential Materials List l; Composition Shingle Roof - Architectural grade and above Horizontal lap siding (wood or similar product type) or combination of lap siding and stucco Rock, Brick or Wood detailing Vinyl or Wood windows Wood or Stucco trim t; Concrete or Brick walks Concrete driveways Wood fascia Wood railings Aluminum or Copper gutters i; Grass mow strip Advanced caliper tree in front yard Exhibit A Page 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 Exhibit A5: Proposed Elevations (no date) Exhibit A Page 6 CITY OF MERIDIAN PLANN4# DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 7 CITY OF MERIDIAN P LANNO DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 8 CITY OF MERIDIAN PLANNIPDEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 Exhibit A Page 10 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit A Page 11 CITY OF MERIDIAN PLANN(f DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 12 CITY OF MERIDIAN PLANN4)DEPARTMENT STAFF REPORT FOR THE HI�NG DATE OF MAY 9, 2006 Exhibit A Page 13 A CITY OF MERIDIAN PLANNJ&DEPARTMENT STAFF REPORT FOR THE H WG DATE OF MAY 9, 2006 Exhibit A Page 14 CITY OF MERIDIAN PLANN(aDEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 Exhibit A Page 15 CITY OF MERIDIAN PLANVDEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 16 CITY OF MERIDIAN PLANNff DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 17 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 18 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HFOPG DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FOX Land Surveys., sm Ovo hUW Ret. $TB 162 A 100fte Imo A 63763 A 208-U2-7957 A 2A8-342-7437 PAX A PORUM of THE NORTHWEST % OF THE NoNteaW % OF Sscmw 30, TOWNSHIP 4 NORTH, RAS t EAST. BOISE NkMw^ ADA 0"M, IDAHO A PortionRarqp of the Nod to vW 3G of � NOrtltea9 X Of Sedian 30, Tamp 4 North, foflou�s; 1 �, E10138! , Ada County, kkdw, MOMiy de=bed as Exhibit B Page 1 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HE4rG DATE OF MAY 9, 2006 thence along the NOrb-South Center liner of Serisn 31), North 000W2T East a distance of 857.63 feet to a found 5/8 trwh rebar with plastic cap stamped OPLS 4115' marking the Westerly carter common to property described In Personal Representatives Deed Irtstr want Number 104154997 and Warranty Deed k mertt Number 102036999; thence along the common boundary of said pmperfts, South 89°4956' East, a distance of 503.68 feet to a found % Inch rem with no cap am*J g an ante point in said boundary, thence corttinuing along the common ninon boundary of property described in Personal RsPresent fta DOW kstrument Number 104154997 and Wwremtty Deed Instrument Number 102036998, North 00°44'44' East, a dim of 432.W feet to a found 112 Inch rebarwith no tap marking the testy common cornerthereof, anthe Soul" PJghki- Way of State Highway 2OM; thence North 00°08'15' East a distance of 40.W few to a point an to Northerly boundary of Section 30 and the Center line of State Horway 2QW, thence along said boundary and Ceder fine, South 89051'45' East, a distance of 786.76 feet to feet to the TRUE POINT OF BEGINNW Containing 1,048,952 sgeahre feet, 24.034 acres, more or to Refer to aftached dwIch. Fox Land Sump, Inc. T11=ft J. Fox, Present, PLS 7612 END OF DESCRUTWN Exhibit B Page 3 R BYAPPR PRL. E JAN 17 216 MAKS CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 LOT 2. IX= 1. MWW ESTAWS 45 E SOM4*SrW al �$� fo. N�� f Exhibit B Page 4 rp►1 O MIMP� �tt z s �( p Comm f A> Z Z X > Z cn i A. rn 0 2 of CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 € AR Fox 49n Survey . NCA, 48M TIM Ove 1K Wrg U2 a Ha%, {D A 83705A 4LT957 A 200-342-7437 PAX CC REZONE DESCRIPTION A PoanON OF THE NoRTwmw 1/4 OF THE NoRnaw Y4 oF SECn0N 30, TOMMP 4 NoRTm, RAWE 1 EAST, BODE Wfflom% ADA CMJM, hWW A Portion of the Northwest X of the Northeast Ys of Section 30, Township 4 North, Range 1 East, guise Meridian, Ada County, Idaho, more perEiculmiy described as follows; Beginning at a found Dass Cap Monument ma Wng the Northeast Comerof Section 3t), from which a found Brass Cap Monument marking the Worth Y, Comer thereof tars North 89°51'450 West, a distance of 2,633.96 feet; theme along the Northerly boundary of Section 30 and the Center tine of State Highway 20/26, North 89°51'45° West, a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00'16'30° West, a distance of 371.75 feet to a point; thence North 89°43'30° West, a distance of 433.76 feet to a point on the common boundary of property described in Personal Representatives Deed Inatrument Number 104154997 and Warranty Deed Inghgment Number 1 thence along the common boundary of said properties and the Northerly edensio n thereof, North OD 44' East, a distance of 370.72 feet to its intersection with the Center line of State Highway 20126; thence along said Center titre, South 89°51'45° East, a distance of 430.72 feet to the TRUE POINT OF BEGINNING; Containing 160,459 square feet, 3.683 ages, more or tess. Refer to attached sketch. Fou Lard Surreys, Inc. Timothy J. Fox, President, PLS 7612 T7F:taj END OF nFSCRI MON W= SOS-M4-PgVh# I L ACC*.3-1446.dw Exhibit B Page 5 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIJONG DATE OF MAY 9, 2006 N 00'30'27" E $57.63` 8 00°3027" W 471.72• O t I WOW N "44'44° E 472.x' �MR 75.ST 101.291370.72' I ... � w o l i sowlvirw 660.55' � n �I I . all �" I (�[ z va ca > I �- it�ii z5!3 w� { ►� 0 a I I tall s 0&W4W W - 649.W r A JER.ICHtJ ROAD 7 zz cn (! m �- C3 i Boo� Exhibit B Page 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 9, 2006 41G s1' Overitind ltd, BTI: 4@2 9 8019, ID A 83VW A 248.342-79X7 A 299.342-7437 PAX R8 REZONE DESCRIPTION A PORTm OF THE NORTmw % OF THE NORTHEAST V4 OFp��S,E,.CTM30, TOWNSMP 4 NORTH, Cf%LwM A"GE i EAST, DOME MERWUU% ADA , hMW A Portion of the Northwest''/, of the Northeast % of Section 30, Township 4 North, Range 1 East Boise Meridian, Ada County, Idaho, afore particuWiy described as follows; Beginning at a found Brass Cap Monument mating the Northeast Corm of Section 30, from which a found Brass Cap Monument marking the North ! Comer therBaf bears North 89°51'45" West, a distance of 2,633.96 feet; them along the Northerly boundary of Sem 30 and the Carter Eire of, North 89°51'45° West, a distance of 2,633.98 feet to a found Brass Cap Momma t mafldrig the North Comer thereof; thence along the North South center line of Section 30, South 00°30'27' West, a distance of 471.72 feet to a found 518 inch rebar MwWng the Wit OrlY described in Personai Representatives D corner 104154997 property andwamnty Deed Instrument Number 102036998, the TRUE P'tiliFti OF B3EGINM14G; qfeet to along an the common boundary there0of, South 89.49 W East, a distance of 5M.68 angle point in the common boundary of said properties; thence along the Southerly projection of the North-South common on boundary of propertj, described In Personal Representatives DOW Insti urmit Number 104154997 and Warranty Deed Instrument Number 102036M, South 00®44'44° Wei, a fttance of 175.57 few to a Point; thence South 89,m4&1 tr East, a distance of 172.58 fm to the beginner of a non -tangent curve to the left; thence along said curve to the left having a length of 31.42 feet, a radius of 20.00 feet, a central of Wo(y �3°, tangents of 20.00 feel, and a long turd which bears South est, a dish of 28.28 feet to a point of non4angeney and ft Northwest - Northeast 1l64' coater of Ssctlon 30, Marked by a fcf M 4 Inch Iran pipe; thence a" the 880.55 ft the CentWest-t est N ltarthhea is Co South tl o}1 4' Wim' a distance of thence along the North 1/16a' line of 88WM 30, North 89"56'42° Weer, a distance of 658.83 feet to the Center North 1116'' corner of Section 30; Exhibit B Page 7 CITY OF MERIDIAN PLANNf DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 thence along the North-South canter line of Section 30, North WW2r East, a distar= of 857.63 feet to the TRUE POINT OF BEGINNING; Containing 536,165 square feet, 12.308 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION Exhibit B Page 8 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 ® N 00°30'27" E 857.63' R 3 Z tiA � � o '� OD cs� M t7 � oi Exhibit B Page 9 S 00°14'5W 5' W 660.5 x00019 I 'n -am 9Hill I m� b 0 9 � tqA MIR A A 1111 Cr7 E 472. • --- •/yam,—yy_4.V.W. /_49 . . JERIq..HO RVKL f5 w 00 M I X • --- •/yam,—yy_4.V.W. /_49 . . JERIq..HO RVKL f5 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 FOX Land Surveys, one, 46" W t?vsrtand Rd, STE 162 A Boise, IDA 83706 A 209.342 71957 A 20&342.7437 FAX RIS REZONE DESCRIPTION A PoRmm OF THE NORTHwEsP % of THE NORTHEimti % OF SEOTNM 30, TOWUSMP 4 Nonni, RANGE 1 EAST, BOISE WRONt, ADA Cotwry, kw o A Portion of the Northwest'/, of the Northeast'! of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30, from which a found Bre Cap Monument marking the North % Gomer thereof bears North 89°81'45° West, a distance of 2,633.96 feet thence akwV the 20/26, N 89°5 r Northerly ot er boundary of Section 30 and the, Center time of State Howay West a distance of 1,341.88 feet to its Intersection with the Center line of Jmft Road the TRUE POINT OF BEGINNING; thence along said Center Ifine, South 00`29'46° West, a dance of 649.36 feet to its intersection with aline 20.00 feet North of the North -North 1/64' One of Semon 30; thence along a One 20.00 feet North of and parallel with said 1/64 tom, North 89°43'30° West, a dna of 618.56 feet to a point thence North W45'10° West, a distance of 172.58 feet to its Intersection with the Southerly projection of the common North-South Mary of property described in Personal Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument Number 102036999; thence along said projection and boundary, North 00'44'44" East, adisbrice of 276.85 feet to a point thence Smith 89°4330" East a distance of 433.76 feet to a pow thence North 00°16'30' East, a distance of 371.75 feet to a point on the Center tine of State Highway 20/26; thence along said Center line, South 89°51'45" Fes, a distance of 35.5.61 fed to the TRUE POINT OF BEGINNING; Container 350,318 square fleet, 8.042 acres, more or less. Refer to attached sketch. Exhibit B Page 10 CITY OF MERIDIAN PLAN?* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Fox Land Surveys, Inc. T"WthY J. Fax, President, PLS 7612 MIND OF DESCRI MON TJF:taj W'Pm Sl2Qty3tOS 064doc Exhibit B Page 11 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 N 00°30'27" E 857.63'S 0t)-3o'2r W 471.72' Z � I o N m n I 9 NOO.44'44•E N"44'44" E 472.00' 7s.57' 101.26' 370.77 —71 I w g I S 00"14'50" W 860.55'° is I mla"l r� c goo E iffil -- —o -S 80°29'48" W -849.38' cA as rs r JERICHO ROAD cn � o I Isl Q � b m Exhibit B Page 12 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE H9NG DATE OF MAY 9, 2006 sm -,. i a - L,— HIGHTOWER sumvistoN Exhibit B Page 13 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Hightower Subdivision as follows: 1. That all future development 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. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted CUP site plan dated March 9, 2006 and the sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. Thea licant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck. 11. The homes on Lots 2 3 4 and 5 of Block 10 shall be limited to 25 feet in height. 12. That the applicant consents to the vacation of Jericho Road. and that the owner agrees to submit an application for Vacation or Exchange of Right-of-wav for Jericho Road to the City of Meridian and to the ACHD Prior to or concurrent with submittal of a final plat application CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H W G DATE OF MAY 9, 2006 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-003) and Conditional Use Permit (CUP -06-004) applications shall also be considered conditions of the Preliminary Plat. The anulieant shall remove two townhouse lots and ensure that all lots meet the frontage requirements of the zone (see Condition 1.1.5 below). 1.1.2 Create an open space easement for the required 25 -foot wide landscape buffer along the east boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. 1.1.3 The landscape plan prepared by The Land Group, labeled Sheets L1.1, is 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. 1.1.4 The applicant shall construct along Chinden Road a landscape berm and wall consistent with the requirements contained in the letter from Sue Sullivan, IID, dated February 13, 2006. 1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications. 1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision Business/Home Owners Association(s). 1.1.7 Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29 -foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. 1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. 1.1.9 Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. 1.1.10 The applicant shall revise the plat to depict the required 10 -foot wide street buffer easements along the north side of W. Hightower Drive on the commercial lots. 1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.12 Provide cross access/cross parking easements for Lots 2, 3, and 4, Block 3. 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. 1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006. 1.1.14 The applicant shall add a note to the face of the plat that references the Right to Farm Act. CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF MAY 9, 2006 1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Road and Jericho Road. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.16 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.17 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. 1.1.18 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 1I - 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. 1.1.19 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. 1.1.20 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.21 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. 1.1.22 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. SITE SPECIFIC CONDITIONS --CONDITIONAL USE PERMIT 1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the commercial lots shall comply substantially with said plan. 1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 11-4-3.11 and is approved. 1.1.26 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. 1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H16ING DATE OF MAY 9, 2006 1.1.28 Comply with UDC 11-3A-12 regarding a screen for the refuselservice area. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro Canyon. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The applicant shall coordinate with the Public Works Department for an acceptable solution to this problem. 2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon Subdivision and Jericho Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The water main that is being run from Jericho Road that is being proposed as an eight -inch shall be upsized to a 10 -inch, routing of such shall be coordinated with the Public Works Department, and shall include a 10 -inch stub to the property to the west. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50 -feet. Minimum lot frontage for these lots shall be 50 -feet. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas and private streets. 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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, CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic rated material per City of Meridian Standard Specification 7.05(W). 2.14 A ten -foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along public and private right-of-ways the width shall be sufficient to allow for 10 feet past the edge of the sidewalk. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.25 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. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 9, 2006 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 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 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. For all Fire Lanes, provide signage "No Parking Fire Lane". 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 11. 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. 12. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. 13. Building setbacks shall be per the International Building Code for one and two story construction. 14. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 15. 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. 16. 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. 17. Maintain a separation of 5' from the building to the dumpster enclosure. 18. Provide a Knox box entry system for the complex prior to occupancy. 19. The first digit of the Apartment/Office Suite shall correspond to the floor level. 20. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 21. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 22. Provide exterior egress lighting as required by the International Building & Fire Codes. 23. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 24. There shall be a fire hydrant within 100' of all Fire Department connections. CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 25. Alleys that serve mews shall be at least 24 -feet wide. 26. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. Police Department 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 W. Saguaro Hills Drive. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 3. The loading areas shall be separated from all public parking areas. 5. Parks Department 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 1. No comments received. 7. Ada County Highway District CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HIrG DATE OF MAY 9, 2006 011 District Policy 7207.9.3 restricts residential driveways to a maximum width of 20 - feet. > Local Residential driveways are to be constructed not more than 20 feet wide, paving them the entire width and no less than 30 -feet Into the site. ➢ ACHD understands direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. Q Site Specs -c Conditions of AR tQ—Xai 1. Construct West Hightower Drive In alignment with Dewberry Street, a 30 -foot wide curb return type access Intersecting Jericho Road, approximately 285 -feet south of State Highway 20/26, on the opposite side of the street. 2. Locate West Hightower Drive as proposed, approximately 280 -feet north of the southeast property line (property line to centerline) to approximately 110 -feet north of the southwest property line (property line to centerline). 3. Construct West Hightower Drive as a 40 -foot street section within 54 -feet of right- of-way; complete with vertical curb, gutter, 5 -foot attached or 7 -foot detached sidewalk. Any additional direct lot access in this area other than specific approvals in this application are prohibited and will be required to be noted on the final plat. 4. Locate a northern access from West Hightower Drive to the commercial development approximately 220 -feet east of North Saguaro Hills Way (centerline to centerline). S. Locate North Saguaro Hills Way in alignment with Castlebury Avenue, approximately 80 -feet east of the northwest property line, transitioning south, past the Intersection with West Hightower Drive, to where It stubs 120 -feet west of the southeast property line (property line to centerline). 6. Locate the western access from North Saguaro Hills Way to the commercial development on the east side of the road approximately 170 -feet south of State Highway 20/26 (centerline to centerline). 7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 40 -foot street section within 54 -feet of right-of-way; complete with vertical curb, gutter and sidewalk. 8. Construct North Saguaro Hills Way, from approximately 310 -feet south of the north property line where it intersects West Hightower Drive, south to stub at the south property fine (located approximately 115 -feet west of the southeastern property fine) as a 36 -foot street section within 50 -feet of right-of-way; complete with rolled curb, gutter and sidewalk. 10 Hightower Preliminary Plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HerG DATE OF MAY 9, 2006 9. Construct Jericho Road as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk; additional direct lot access in this area, other than the specific approvals in this application, are prohibited and will be required to be noted on the final plat. 10. Dedicate a total of 27 -feet of Right -of -Way from the centerilne of Jericho Road to the new property line. 11. Locate West Hightower Drive intersecting Jericho Road approximately 285 -feet south of the north property line (property line to centerifne) aligning with Newberry Street adjacent to the site. 12. Locate three 29 -foot street sections within 42 -feet of Right -of -Way as proposed: a. Praia Way, located 280 -Beet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of - Way. b. Rail To Street, located 280 -feet to 170 -feet west of the east property line (property line to centerilne), as a 2940ot street section within 42 -feet of Right -of -Way. c. Torre Way, located 170 -feet west of the east property line (property line to centerline) and running north, as a 29 -foot street section terminating with a turnaround 13. Locate the seven stub streets In alignment with other existing streets in the adjacent subdivisions are attached to this report. ACHD`s aaoroval is coni ►+} .+� 9 & apanments. A stub street shall be designed to slope towards the street Intersection and drain surFace water toward that intersection and have a sign stating, "This street will be extended in the future." Locate the internal local roadways with stubs as proposed. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. a. The location of West Hightower Drive A stub street to the west property line located approximately 330 -feet south of the north property line (property line to centerline). This stub street Is anticipated to serve the 5 -acre parcel located directly to the west. District staff is supportive of the applicant`s proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. b. The location of North Menara Avenue A stub street to the south property line located approximately 510 -feet west of the east property line (property line to centerline). This stub 11 Hightower Preliminary Plat CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 street Is anticipated to serve the 5 -acre parcel located directly to the south. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. C. The Location of West Macau Street A stub street to the west property line located approximately 110 -feet south of the north property fine (property line to centerline). This stub street is anticipated to serve the 9.5 -acre parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. d. The location of North Saguaro Hills Way A stub street to the south property line located approximately 110 -feet west of the east property line (property line to centerfine). This stub street is anticipated to serve the 55 -acre parcel located directly to the south, Saguaro Canyon Subdivision #3 2005. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. e. The location of North Tashkent Avenue A stub street to the north property line located approximately 110 -feet east of the west property line (property line to centerline). This stub street Is anticipated to serve the 5 -acre parcel located directly to the north. District staff is supportive of the applicants proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. f• The location of Tallinn Street (west) A stub street to the west property line located approximately 100 -feet north of the southwest property line (property line to centerline). This stub street is anticipated to serve the parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 9• The location of Tallinn Street (east) A stub street to the east property line located approximately 100 -feet north of the southeast property line (property pine to centerline). This stub street is anticipated to serve the approximately 4.6 acre parcel located directly to the east. District staff is supportive of the applicant's 12 Hightower Preliminary Plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HFWG DATE OF MAY 9, 2006 proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 14. Locate two private alleys 125 -feet south of West Macau Street (centerline to centerline) and 125 -feet north of West Tallinn Street (centerllne to centerline). 15. Construct a cul-de-sac turnaround with island at the terminus of North Torre Place, approximately 130 -feet north of West Hightower Drive (near edge to centerline) with a minimum 29 -foot pavement surface surrounding the island and a minimum 45 -foot turning radius around the Island. 16. The location of the island located in block 2, lot 1 is approved as proposed. The highway district requests the dedication of Block 2, lot 1 to preserve the Right -of - Way for this particular Island. 17. Construct Local all Residential driveways not more than 20 feet wide, paving them the entire width and no less than 30 -feet Into the site. 18. Direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. 19. Provide a letter from ITD outlining their requirements; ACHD will require the applicant to satisfy those requirements as well. 20. Comply with Section D, Standard Conditions of Approval. 13 Hightower Preliminary Plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HI*NG DATE OF MAY 9, 2006 D. -Standard Conditions of A grovai 1. Any existing Irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being bated within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with Improving street frontages abutting the site shall be bome by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. S. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all Improvement plans. 8. The applicant shalt submit revised plans for staff approval, prior to Issuance of building permit (or other required permits), which Incorporates any required design changes. 9. Construction, use and property development shall be In conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road Impact fees are required prior to building construction In accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It Is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGUNE (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. 12. No change in the terms and conditions of this approval shall be valid unless they are In writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which Is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions In force at the time the applicant or its successors In interest advises the Highway District of €tis 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. 14 Hightower Freriminary Plat CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 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 Community' is defined as "provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." City 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 plat and conditional use permit (PP -06-003/ CUP -06-004). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. City Council finds that the proposed residential uses are allowed in the proposed R-8 and R-15 zones. 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. City Council finds that the proposed C -C zone, 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. Staff 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. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HIG DATE OF MAY 9, 2006 City 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, City 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On February 10, 2006, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should 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. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). City Council finds that the annexation and zoning of this property to C -C, R-15 and R-8 would be in the best interest of the City. UDC 11-6B-6: Preliminary Plat Findings 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; CITY OF MERIDIAN PLANNJODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 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. A 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 City 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. F. The development preserves significant natural, scenic or historic features. City 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. UDC 11 -5B -6E: Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council fords that the site is 24.03 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed residential/commercial uses meet 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 proposal shows a an access to Chinden Road which requires a Variance and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, and an access variance is granted, this finding will be met. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The applicant will be required to construct the proposed buffer between land uses where commercial lots abut residential lots. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all AZ/PP/CUP 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. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council finds that the applicant will pay to extend the sanitary sewer and watermains 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. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City 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. City Council finds the future buffer between land uses along the property boundary and the use and Chinden Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. H. 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. UDC 11 -5B -4E: Variance Findings In order to grant a variance, the Council shall make the following findings: CITY OF MERIDIAN PLAN# DEPARTMENT STAFF REPORT FOR THE KING DATE OF MAY 9, 2006 A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." City Council finds that because of this recommendation from ITD, the granting of this variance will not grant a right or privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council fords that granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. City Council finds that the granting of the variance will not be detrimental to the public health, safety or welfare and has the potential of increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26). UDC 11-3F-5 Private Street Findings: In order to approve the application, the Director shall find the following: 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. Roadway and storm drainage shall be contained on site. 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 Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed 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. The location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. • June 2, 2006 40 VAR 06-004 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Hightower, LLC ITEM NO. 5-G REQUEST Findings for Approval: Request for a Variance to construct an access to Chinden Blvd, a State Highway, for Hightower Sub — SWC of Chinden Blvd & and Jericho Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings Contacted: e.�� Date: Phone:rL-:,F . c(-Oql Emailed: / ,Q �, Staff Initials:_ Matedals presented at PWAC mee*w shall become properly of the City of Meddian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER uEr-91, wailatem."I )UN 0 1 2006 eridian E'er TIF erk Office iib In the Matter of Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R- 15 (8.04 acres) and C -C (3.68 acres), AND Preliminary Plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres, AND Conditional Use Permit for a mixed use development within 300 -feet of a residence, AND a Variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26), for Hightower Subdivision, by Hightower, LLC. Case No(s): AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 For the City Council Hearing Date of: May 9, 2006 Approved on May 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 1 of 5 0 0 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 9, 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 dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 9, 2006 is herby conditionally approved; 3. The applicant's request for a variance to UDC 11 -3H -4.2B for allowance of an access point to Chinden Road (US 20/26) is hereby granted; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference, with the following modifications: • That as part of the Development Agreement for this propertthe applicant consents to the vacation of Jericho Road, and that the owner agrees to submit an application for Vacation or Exchange of Right-of-way for Jericho Road to the City of Meridian and to the ACHD prior to or concurrent with submittal of a final plat application. • That all lots will meet the minimum frontage requirement of the zone • That two townhouse lots shall be removed from the development D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 2 of 5 0 • Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 3 of 5 0 • 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 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 4 of 5 0 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE VOTED_I$k — VOTED_ !ti VOTED Cg L-A— COUNCIL MEMBER KEITH BIRD VOTED AZJ� e TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYp ERD ATTEST: WILLIAM G. BERG JR., C CLi RK' -f � d Copy served upon: Applicant Planning Department —� Public Works Department City Attorney By. Dated: rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 5 of 5 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 STAFF REPORT City Council Hearing Hearing Date: May 9, 2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Hightower Subdivision s C>W60fiA&11 IDAHO • AZ -06-003- Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) • PP -06-003- Preliminary plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres • CUP -06-004 Conditional Use Permit for mixed use development within 300 - feet of a residence • VAR -06 -004 -Variance to UDC 11-31-1-4.213 for allowance of an access point to Chinden Road (SH 20/26) • PS -06-006- 2 Private Streets in the proposed R-15 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres), Preliminary Plat approval of 109 residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Permit approval of a mixed use development for Hightower Subdivision. The site is located on the southwest corner of Jericho Road and Chinden Road (US 20/26). The applicant has also submitted a Variance application that will be before the City Council concurrent with the subject applications. The Variance request proposes one new approach to Chinden Road (US 20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department (ITD) has provided a letter dated February 13, 2006 which expresses support of the proposed access to Chinden Road and states that the proposed location conforms to the Access Management Plan agreed upon with the City of Meridian. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Phil Hull, The Land Group ii. In opposition: Tom Buuck iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Limitation on building height for entire development requested by the adjacent property owner, Tom Buuck. ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck. iii. Configuration of the townhouse lots at the south terminus of N. Torre Way. c. Key Commission Changes to Staff Recommendation: i. Add a restriction to the Development Agreement which states: "The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck." Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 ii. Add a restriction to the Development Agreement which states: "The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height." iii. Add a Condition which states: "The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006." iv. Add a Condition which states: "The applicant shall add a note to the face of the plat that references the Right to Farm Act." v. Add a Condition which states: "The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications." d. Outstanding Issue(s) for City Council: i. Variance application for access to Chinden Road (US 20/26). ii. Configuration of Lots 5-14, Block 6 and common drive access to said lots. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-003, PP -06-003, CUP -06-004, and VAR -06-006 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 Jericho Road and Chinden Road (SH 20/26) Township 4N, Range 1E, Section 30 b. Owners: Louise White 6201 N. Jericho Road Meridian, ID 83642 c. Applicant: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 d. Representative: Phil Hull, The Land Group Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 e. Present Zoning: RUT -Ada County f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use -Community) g. Description of Applicant's Request: 1. See Exhibit Al (prepared by The Land Group) 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. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute a preliminary plat 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: April 17 and May 1, 2006 e. Radius notices mailed to properties within 300 feet on: April 14, 2006 f. Applicant posted notice on site by: May 1, 2006 5. LAND USE a. Existing Land Use(s): Bare land, single family residence. b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Castlebury Subdivision, Ri (Ada County). 2. West: Vacant land, zoned RUT (Ada County). 3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8. 4. East: Westborough Subdivision, zoned R-4, R-8, R-15, and L -O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer stub from Saguaro Canyon to the south. Location of water: There are water stubs to the south from Saguaro Canyon and to the east in Jericho Road. Issues or concerns: Conceptual sewer plans show sewer mains with less than the allowed three feet of cover. Proposed five-foot setback off of the private streets does not leave room for the Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 9, 2006 common trench utilities. 2. Vegetation: Agricultural/Inigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: No major facilities 5. Hazards: None identified 6. Size of Property: 24.03 acres f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 66 single-family residential lots, of which 28 units are alley accessed homes located in Block 9 and are approximately 4,700-5,000 square feet in area. These lots are designed to meet the minimum standards of the R-8 district. The lots on the perimeter of the R-8 are larger, with sizes ranging from 5,000-6,000 square feet. The submitted plat also includes 43 lots in an R-15 proposed zone. These R-15 products are townhouse designs and each building would be contained on a lot. These lots are accessed from proposed roadways with reduced 29 -foot street sections and on -street parking will be limited to one side of the roadway. The submitted plat also contains three buildable lots in a C -C proposed zone with commercial uses. Commercial uses are shown to be two approximate 5,000 square -foot buildings and one approximate 3,750 square -foot buildings. The applicant has not specified specific uses for these pad sites, however they have requested drive through approval for Lot 2, Block 3. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Chinden Road is designated as an "Entryway Corridor." As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to the roadway. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along Chinden Road. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. 2. Width of buffers) between land uses: Table 11-2B-3 requires a 25 -foot wide buffer between commercial uses on C -C -zoned land and residential uses. Lots adjacent to the Commercial lots shown on the plat/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 3.52 acres or 18.3 percent and applied as an additional amenity. 4. Other landscaping standards: The landscape buffer along Chinden Road should be constructed in accordance with UDC Chapter 3, Article B. h. Conditional Use Information: 1. Non-residential square footage: 13,750 square feet shown 2. Proposed building height: 50 feet, or C -C standards 3. Percentage of site devoted to building coverage: Not defined Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 4 CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 4. Percentage of site devoted to landscaping: 3.52 acres, 18.3% 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 i. Amenities — The applicant is providing a neighborhood park, open play area, gazebo, and children's play structure. j. Required Residential Standards — Note: The proposal was not accepted by the Planning Department as a Planned Development and the R-8 and R-15 bulk standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 15 15 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage -alley loaded varies 40 Frontage -garage fronted varies 50 Lot Size -alley loaded 4,630-5,098 4,000 Lot Size -garage fronted 5,000-6,000 5,000 Maximum building height 35 35 R-15 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 10 10 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage varies 0 Lot Size 3,192-5,500 2,400 Maximum building height 40 40 k. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f., which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 As noted previously, TTD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. ITD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, PTD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury entrance across Chinden Road to the north. 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 February 100'2006, 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 property is located in a Mixed Use/Neighborhood Center designation on the Comprehensive Plan Future Land Use Map. The Future Land Use Map designates this property as `Mixed Use — Community' with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) 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): Mixed Use Area Comb Plan Policies (taken from Chanter VII) • "All development proposed in these areas will require approval as planned developments under the Conditional Use Permit application process. In these locations, the developer has the option to develop either a neighborhood center in conformance with the City's neighborhood center design ordinance, or develop a conventional mixed use project." A CUP application accompanies the annexation and zoning request, which fulls the first part of this policy. To date, the City has not adopted a neighborhood center design ordinance. This application is being processed as a "conventional mixed use project. " (See next bullet.) • "If developing a conventional mixed use project, four specific design elements must be incorporated into the development: a) street connectivity, b) open space, c) pathways, and d) density, not below eight (8) dwelling units per acre." a) Street Connectivity: The development proposes to connect the development with Chinden Road with a single public street, N. Saguaro Hills Way. There are several other public streets and alleys that are all interconnected to each other and adjacentparcels, and staff is supportive of the street connectivity proposed. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 b) Open Space: The applicant is proposing to construct a neighborhood park and set aside approximately 18 percent of the site for open space. The Comprehensive Plan is not more explicit with regard to open space, other than it must be provided somewhere within neighborhood centers. c) Pates: d) Dens i : The overall density of this project is 5.50 dwelling units per acre (gross). The residential portion of the project that is within the mixed use area is below the 8 dwelling units per acre target density. Although the density is below the target, most of the proposed lots are between 4,400 and 6, 000 square feet. "The following standards will serve as guidelines for development of the neighborhood center areas: a. Most blocks are 300' maximum, similar to Old Town. b. Larger blocks along arterial streets and for traffic calming. c. Neighborhood Center Commercial area is located at the %z mile, not at arterial intersections. d. Schools are located mid-section, with frontage along a collector street. e. Interconnected circulation that is convenient for automobiles, pedestrians, and transit. f. Variety of housing choices. g. Housing is arranged in a radiating pattern of lessening densities. h. Transition between different housing types or densities at alleys. i. Residents can access neighborhood commercial services without being forced onto arterial streets. j. Facilitates more efficient transportation along arterials. k. Grid street pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. 1. Connects to and integrates with the larger street and pathway system. m. Reduced right-of-way widths are encouraged. n. Open space must be provided. o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be developed under a Planned Development/CUP application." Staff finds that the proposed development generally complies with the design standards of a neighborhood center. (See Chapter VII, pgs. 97-98, for the above-mentioned mixed-use policies.) • "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On February 10`x`, 2006, a joint agency and department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point to Chinden Road, an arterial roadway. The location of the proposed N. Saguaro Hills Way intersection of Chinden Road is supported by Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 staff, however; it is contingent on City Council's approval of the associated Variance application. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 3S foot wide landscape bean along Chinden Road. Staff is supportive of this width, as long as the entire buffer lies outside the ultimate right-of- way. Staff finds that the proiect generallconforms to the purpose statements and intent of the Comprehensive Plan. Staff also finds that the proposed uses will be harmonious with and in accordance with the Comprehensive Plan 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 -C 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 constitute strip commercial development and encourage clustering of commercial development. c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached homes and townhouses as permitted uses in the R-8 and R-15 zones d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. 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 f. Structures Subject to Design Standards (11 -3A -19.B.5): All structures on property adjacent to an entryway corridor (Chinden Road) are subject to the design standards listed in this section. g. 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. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 8 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application appears 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 are several special considerations for the P&Z Commission to review at the public hearing: 1. AZ Application (AZ -06-003): 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 12/9/2005 by Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service 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 11-511-31) 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. 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: Non -Residential Buildings: The applicant has requested a maximum of 13,750 square feet of commercial spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (16,500) for more marketable conditions. The maximum square footage of one single building shall not exceed %2 of the maximum buildings. The applicant has submitted sample elevations and a materials list for the commercial products. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. Residential Buildings_ The applicant has submitted several elevations for both private street accessed townhouses and detached single family residential products, as well as a materials list. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. 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 Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 9 — CITY OF MERIDIAN PLANNIDDEPARTMENT STAFF REPORT FOR THE HAONG DATE OF MAY 9, 2006 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 -06-003): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: 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 -C 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 20 -foot wide buffer between the commercial area and the proposed townhomes. The applicant should be required to create a 25 -foot wide landscape buffer easement along the lots that abut the townhouse lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. Landscape Street Buffers: UDC 11-2B requires a 35 -foot wide street buffer along entryway corridors. Chinden Road is classified as an Entryway Corridor. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Chinden Road and the buffer has been placed in a common lot. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. Private Streets: The applicant is proposing two private streets to serve the alley loaded homes in Block 9. 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 and the Findings in Exhibit D. Turnaround on Menara Avenue: Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. On -street Parking: Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho the reduced 29 -foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. Direct Lot access to Chinden Road and Jericho Road: Direct lot access to Chinden Road and Jericho Road shall be prohibited and shall be noted on the face of the plat. Common Drives: Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. Staff has concerns about the configuration of these lots and the applicant should be prepared to address at the public hearing, by means of a graphic illustration that the driveways and parking pads will be Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 10 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 designed and built in a fashion that allows reasonable vehicular movement to and from the townhomes. Cross Access: Because one of the proposed commercials lots does not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the commercial portions of the subdivision to use the driveways and parking aisles. Chinden Road Access: The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. As noted previously, TTD must issue an access permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-311. TTD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, TTD). A connection to Chinden at the half mile as required by UDC 11-311 is not practical due to patterns of development and the proposed location is aligned with the Castlebury Subdivision entrance across Chinden Road to the north. 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 the north side of W. Hightower Drive. 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. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 18.3% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: a neighborhood park, open play area, gazebo, and children's play structure. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Hightower Home Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Ditches, Laterals, and Canals: 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. 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 has not submitted a detailed fencing plan with the applications. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 11 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. Refuse/Service Area Screen: 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. Parking One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,750 square feet, which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. Drive Through: The applicant has requested approval of the drive through lane on Lot 2, Block 3 as part of the Conditional Use Permit. Staff finds that it complies with UDC 114- 3.11 and should be approved with the application. Design Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Chinden Road in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following comments: 1. Architectural Character: The submitted sample building elevations conform with the architectural standards as follows: • The proposed modifications exhibit fagade modulations, roof line recesses and projections along a minimum of 20 % of the length of the fagade as required; • The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30 % of the facade length; • The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; • The proposed modifications exhibit at least two changes in color, texture and materials; and • The proposed modifications screen all ground -level and rooftop mechanical equipment as viewed from the property line. 1. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 2. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front facade of the building and abutting streets. The site currently contains existing parking in front which is 52% of the total for the building, and satisfies this requirement. 3. Pedestrian Walkways: Staff finds that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: • A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 12 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Compliance to include a walkway from the sidewalk along W. Hightower Drive to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. 4. Variance Application (VAR -06-006): Section 11-311-3 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 Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." There are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUP/VAR applications substantially conform with the adopted Comprehensive Plan policies and UDC standards. Provided that concerns raised herein can be addressed at the public hearing, we recommend approval of the AZ/PP/CUP/VAR applications with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings/Materials/Photos 1. Preliminary Plat (dated January 12, 2006, Revised 3-22-06) 2. Landscape Plan (dated March 8, 2006) 3. Site Plan (dated March 9, 2006) 4. Materials List 5. Proposed Elevations (no date) B. Legal Descriptions C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 13 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from UDC — 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit 4. Variance 5. Private Street Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 14 CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit Al: Preliminary Plat (dated January 12, 2006 Revised 3-22-06) flog P p� !7 04 0 Exhibit A Page 1 9 a ► a a ega �1 HrAiTOWER SusmvisjoN Preliminary Plat Merman, Who 2 CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 JAL Exhibit A Page 2 f; P ; [gyp HIC490 SR SUBDIVISM P y mat Wlan. oftro P RAa ; : WUOUNCDj ( q ±ig lily( j�— \_ i :ƒ ƒ ` � }� �� CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 ExhibitAI Site Plan (dated March 9, 2006) Exhibit A Page 4 111111g11101111� ^G H*HTOWER SUODWISm use Ske Pwn I ji CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 Exhibit A4: Materials List Commercial Materials List Stucco exterior walls Architectural composition shingle roof or tile on pitched roof areas i; Built up roof on flat roof areas Aluminum/Glass storefront doors and windows Canvas Awnings Rock/Brick/Wood detailing Concrete or Brick walks Striped asphalt drives and parking areas Professionally landscaped perimeter and interior planter areas Residential Materials List Composition Shingle Roof - Architectural grade and above Horizontal lap siding (wood or similar product type) or combination of lap siding and stucco Rock, Brick or Wood detailing i; Vinyl or Wood windows y Wood or Stucco trim Concrete or Brick walks Concrete driveways Wood fascia Wood railings i; Aluminum or Copper gutters Grass mow strip Advanced caliper tree in front yard Exhibit A Page 5 CITY OF MERIDIAN PLANNf9DEPARTMENT STAFF REPORT FOR THE HI@iG DATE OF MAY 9, 2006 Exhibit A5: Proposed Elevations (no date) Exhibit A Page 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H9NG DATE OF MAY 9, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLANN9DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 8 CITY OF MERIDIAN PLANNgDEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HEONG DATE OF MAY 9, 2006 Exhibit A Page 10 CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE HIOG DATE OF MAY 9, 2006 Exhibit A Page 11 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 Exhibit A Page 12 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 Exhibit A Page 13 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit A Page 14 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 Exhibit A Page 15 CITY OF MERIDIAN PLANNSIDEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Exhibit A Page 16 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 Exhibit A Page 17 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HIOG DATE OF MAY 9, 2006 Exhibit A Page 18 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision X Land Surveys, /"-c, 4898 Overtaad Rd, 8" 162 a BaIM Idaho d h =84U-"97 37 d =15.342-7437 PAX ivl A PORTm of THE NoRTtwMT % of Tw NOR'nEr=AST % of Sit 30, Towis11P 4 NORM Rum 1 EAST. Boom Ate. ADA . WHO thence oondrwiM 8WO the common bowWwy of in Wayenty Deed kl*ument Num 8943651 acrd W Deed finkumest Nth 104454997, South f1{t"14 W West, a dMance of GW -55 feet to the Cecer st 1154"' corner of Section 30 wW the Ealy comer calwam W prapmty I Personal R relives Deed hWument Nunes 104154M mei Pamonal Rgxesentatives Deed trt MMM* Iffier 104183046; ti nem along the North Ifle Cmc of Sin 30 OW to contnron bmffdwy of said North 8VW42' $ dsWM of 65883 feet to the Center -North 1/1 comer of Section W, Exhibit B Page 1 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 9, 2006 than= along the North-South Center Is, of Secy 30, North 00030'27' Eaat, a distance of 857.6:1 feet to a found 518 Inch rets with plastic cap stariped 'PLS 41 IV marking the Wededy comer mer c;orrimon to property described In Personal Representatives Deed Instrument Number 104154967 and Warrardy Deed Instrument Number 10203M9, thence along the common boundary of said properties, South W49'56' Fes, a distance of SW 68 feet to a found % inch rebar with no cap narking an angle point in said boundary, thence continuing along the common teary of property described in Personal Representatves Deed Ir Wrument Number 104154997 and Warranty Deed Instrument Number 102036M, North 00°44'44' East, a distance of 432.00 feat to a found 112 Inch reberwith no cap marking the Northerly mammon corner thereof, ontheScutheriyRighkOL Way of State Hwy 204, thence North 00°08'15' East a distance of 40.00 featto a point on the Northerly boundary of Section 30 and the Center line of State Koway Z M,- thenCe along said boundary and Center fine, South W51`45' East, a distance of 786 76 feet to fast to the TRUE POINT OF BEGINNI , COrftbft 1,046,952 acre feet, 24.034 acnes, mare or r Refer to attached sketch. Fox Land $urvays, Ina Tk xft J. Fox, President, PLS 7612 WW OF DE3CRFFMN t MEPADIAN WORKS DEPT. G TA114 Exhibit B Page 3 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 9, 2006 LOT 2. BLOCK t, BLYTW ESTATES AT mc -0 Exhibit B Page 4 PROP B, -r RWMMw LUnURM CxitlRM CM 101ft3WI ( p o oprlm ' I CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 FOX Land Surveys, Inc. 46" VV OvertMd Rd, WE 162 A BOW% IDA 63TOR A 208-342A98T A 248-s .743T Pax CC REZONE DESCRIPTION A PoctnoN of THE NORTWMsT'/. of THE NORTHEm Y. of SEC=M 30, TaWIMP 4 Nom, RADE 1 EAST, BONE MERMUft ADA Couwy. kww A Portion of the Northwest % of the Northeast X of Section 30, Township 4 North, Range 1 East, Boise Mendlan, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monumert marMng the Northeast Comer of Section 30, from which a found Brass Cap tiltonument marking the North % Coater thereof bears North 89°51'45° West, a distance of 2,633.96 feet; thence along the NorBt dy boundary of Section 30 and ft Center line of State Highway 20/26, North BV51'45" West a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00'1 Mr West, a distance of 379.75 feet to a point thence North 89643W West, a distance of 433.76 feet to a point on the common boundary of property described in Personal Representatives Deed Instrument Number 104154997 and Warranty Dead Instrument Number 1 , thence along the common boundary of said properties and the Northerly extension tared, North W*44`44° East, a distance of 370.72 feet to its intersection with the Center line of State Highway 20/26; thence along said Center line, South 89051145' East, a distance of 430.72 feet to the TRUE POINT OF BEGINNING: Containing 160,459 square feet, 3.683 acres, more or less 1 «i Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION TJF.W w: Sws-0641 Vr4 Iar V%4Ceasc3-14-06.aoe Exhibit B Page 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 N 00°30'27' E 857.83` S W302r W 471.72 r Ie= Go o� I g Cm f `I NOO`44`44° N "44'44' E 472.W { Mao! 101.26 370.72' ! S 00°14'50" W 660.55` i I I z t� 1>0001A oo CD Vffi cm: 71 •1t � �° � f ( � @f° f I -. -- -o Is 00°29'46" W 649.3B' m A lis JMUCHO ,ROAD co99oc I j o I m �Sto Mill � I oaf Exhibit B Page 6 i r { CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 FOX Land S4u#veyq 4W6 W Ov$rtmd Rd, WE 182 A S 10 A 83705 A 208,342-7951® x-7437 PAX • , r r - 1(s* , A PORTioN OF THE NORTMES % OF 714E NORTHEAST % OF SECTION 30, TOWNSW 4 NORTH, RANGE 1 EAST, BOISE MEttMUM ADA Cotwrv, WHO A Portion of the Northwest X of the Northeast X of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marMng the Northeast Corner of Section 30, from which a found Brass Cap Monument marking the North 4 Comer thereof bears North 89'51'45" West, a distance of 2,633.96 feet; Wm ester, a distartee of 2,633y96 feet to f B�Of Section 30 � the Center line of, North 89°5145° Comer thereof;' Monument marking the North /. thence along the North South center line of Section 30, South 00'30'27- West of 471.72 feet to a find 518 inch rebar marking the Wes , a distance Wesly comer cor West to property described in Personal Represerrtafaves Deets I�rft Near. 104154997 and Warranty Deed Instrument Number 102036999, the TRUE PAINT AP BEGINNING; Hence along the common boundary thereof, South 89'4956- East, a distance of 503.68 feet to an aW918 point in the common boundary of said properties; thence along the Southerly promotion of the North-South common boundary of property described In Personal Representatives Deed kWhi Trent Numb 104154997 and Warranty Deed Instrument Number 102036999, South 00'44'44' Wei, adistenceof 175.57 feet t0 a point; thence South 89°45' 10r East, a distance of 172.58 feet to the beginning of a non -tangent curve to the left; thence along said curve to the left having a length of 31.42 feet, a radius of 20.00 feet, a central 8MIO of 90'00'00', tangents of 20.00 feet, and a long turd which bean; South 45°16'30- We A a dish Of 28.28 feet to a pant of non -fancy and the Northwest - Northeast 11W comer of Section 30, market by a found 4 Inca iron pipe; thence 8" the West -East 11W line of Section 30, South 00'14'50" West, a distance of 600.55 feet to the Center-Weg Northeast 1164' corner thereof; them along the North 11161' line of Section 30, North B9'S6'42. Wes, a distance of 658.63 feet to the Center North 11161' comer of Section 30; Exhibit B Page 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 thence along the North-South center line of Section 30, North W302T East., a distance of 857.63 feet to the TRUE POINT OF BEGINNING; Containing 536,165 square feet, 12.308 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION Exhibit B Page 8 CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 Exhibit B Page 9 S 00°14'x" W 660.55' t ®Oa®011 �I -pw i mm� 00 9r c 114 °� c��o � V z f In n 1111 Z S 00°3027° W 471.72' co cm 1A m I °44'44" E 472.t�' 101.28' 370.77 -- 41 0 dN 00°30'27" E 857.63` IX ICA C f z W ,r N 0 0) X rA to n r r Exhibit B Page 9 S 00°14'x" W 660.55' t ®Oa®011 �I -pw i mm� 00 9r c 114 °� c��o � V z f In n 1111 Z S 00°3027° W 471.72' co cm 1A m I °44'44" E 472.t�' 101.28' 370.77 -- 41 0 > m ICA N � to r r -01 SA�O, T�0.2W4W W - 649.36' Jii1Clf IM0 ROAX) i< 0 N CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 FOX Land Surveys, ®,tee. 4606 W Overland " ST6162 A POW, ID A 83705 A 208-342-71957 A 20"42-7437 FAX RIS REZONE DESCRIPTION A PORTION OF THE NORTHWEST % OF THE NORTHEAST % OF SECTION 30, TOWNS r+4 NORTH, RmGe 1 EAST, BOISE BUY, ADA CouNM IMM A Portion of the Northwest'/. of the Northeast % of Semon 30, Township 4 North, Range 1 East, Baise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Nowt Corner of Section 30, from which a found Brass Cap Monument marking the North /a Comer thereof bears North 89°51'45' West, a distance of 2,633.96 feet; thence abrrg the Northerly boundary of Section 30 and the Center tine of State Highway 20!26. North 88°51'45' West, a distance of 1,341.98 feet to its Wersection with the Center line of Jericho Road the TRUE POINT OF BEGINNING; thence atm said Center tine, South 00°29'46° West, a mance of 648.36 feet to Its Intersection with a One 20.00 fest North of the North.North 1/64 ' #W of Sin 30. thence along a One 20.00 feet North of and paralW with, said Iffie line. Nath 89°4330' West, a distance of 616.56 feet to a point thence North 89°45`10' West, a distance of 172.58 feet to Its intergection with the Southerly projection of the common North-South boundary of propertydescribedin Persanal Representatives Deed Instrument Number 104154987 and Warranty Deed Instrument Number 102038899; ththenw along said projection and boundary, North 00°44`44"East, adish of 276.85 feet thanCe South 88°4330' Ez4 a distance of 433.76 feet to a points thence North W16'30' East, a distance of 371.75 That to a point on the Center fine of State Highway 20128; thenCa aka said Center fine, South 89°51'45" East, a dance of 355.61 feetto tine TRUE POWT OF SEGINNWG; Container 350,318 square feet, 8.042 acres, more or less. PiKer to attached sketch. Exhibit B Page 10 CITY OF MERIDIAN PLANN.DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 Fox Land Surreys, Inc. 71mothy J. Fox, President, PLS 7642 FND M DESCRIUMON TIR:aj W:lPmjel2ata5145 064 15(3-14-06)doc Exhibit B Page 11 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 9, 2006 hiN 00°30'27"00°30'27"E 857.63' S 00°30'27" W 471.72' 0 - --- T 1 N w m lioll, Npp`-E N *4,V44"E 472.W 175.5T 101.28' 370.77 500°14,irW 660.55o, 0 000 z -e cs4 C. ru � A ^� o� albs goo r���G f �� rn goo plc -� � � elm - -o-s x°29'46" w •649.38' � 211 A JEMCHO ROAD � m Exhibit B Page 12 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 Exhibit B Page 13 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary. at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Hightower Subdivision as follows: 1. That all future development 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. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted CUP site plan dated March 9, 2006 and the sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. The applicant shall Dlace five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck. 11. The homes on Lots 2 3 4 and 5 of Block 10 shall be limited to 25 feet in hei t. 12. That the apnlicant consents to the vacation of Jericho Road. and that the owner agrees to submit an application for Vacation or Exchange of Right-of-way for Jericho Road to the City of Meridian and to the ACRD prior to or concurrent with submittal of a final plat application CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-003) and Conditional Use Permit (CUP -06-004) applications shall also be considered conditions of the Preliminary Plat. The applicant shall remove two townhouse lots and ensure that all lots meet the frontage re uirements of the zone see Condition 1.1.5 below). 1.1.2 Create an open space easement for the required 25 -foot wide landscape buffer along the east boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. 1.1.3 The landscape plan prepared by The Land Group, labeled Sheets L1.1, is 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. 1.1.4 The applicant shall construct along Chinden Road a landscape berm and wall consistent with the requirements contained in the letter from Sue Sullivan, I'TD, dated February 13, 2006. 1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications. 1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision Business/Home Owners Association(s). 1.1.7 Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29 -foot street section. Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. 1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. 1.1.9 Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. 1.1.10 The applicant shall revise the plat to depict the required 10 -foot wide street buffer easements along the north side of W. Hightower Drive on the commercial lots. 1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.12 Provide cross access/cross parking easements for Lots 2, 3, and 4, Block 3. 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. 1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006. 1.1.14 The applicant shall add a note to the face of the plat that references the Right to Farm Act. CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Road and Jericho Road. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.16 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.17 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. 1.1.18 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. 1.1.19 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. 1.1.20 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.21 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. 1.1.22 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. 1.1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. SITE SPECIFIC CONDITIONS—CONDITIONAL USE PERMIT 1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the commercial lots shall comply substantially with said plan. 1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 11-4-3.11 and is approved. 1.1.26 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. 1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. CITY OF MERIDIAN PLANN•DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 1.1.28 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro Canyon. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The applicant shall coordinate with the Public Works Department for an acceptable solution to this problem. 2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon Subdivision and Jericho Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The water main that is being run from Jericho Road that is being proposed as an eight -inch shall be upsized to a 10 -inch, routing of such shall be coordinated with the Public Works Department, and shall include a 10 -inch stub to the property to the west. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50 -feet. Minimum lot frontage for these lots shall be 50 -feet. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas and private streets. 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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, CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 9, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic rated material per City of Meridian Standard Specification 7.05(W). 2.14 A ten -foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along public and private right-of-ways the width shall be sufficient to allow for 10 feet past the edge of the sidewalk. 2.15 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. 2.16 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 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, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.25 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. CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 9, 2006 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 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 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. For all Fire Lanes, provide signage "No Parking Fire Lane". 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H NG DATE OF MAY 9, 2006 11. 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. 12. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. 13. Building setbacks shall be per the International Building Code for one and two story construction. 14. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 15. 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. 16. 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. 17. Maintain a separation of 5' from the building to the dumpster enclosure. 18. Provide a Knox box entry system for the complex prior to occupancy. 19. The first digit of the Apartrnent/Office Suite shall correspond to the floor level. 20. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 21. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 22. Provide exterior egress lighting as required by the International Building & Fire Codes. 23. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 24. There shall be a fire hydrant within 100' of all Fire Department connections. CITY OF MERIDIAN PLANN0DEPARTMENT STAFF REPORT FOR THE HTG DATE OF MAY 9, 2006 25. Alleys that serve mews shall be at least 24 -feet wide. 26. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. Police Department 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 W. Saguaro Hills Drive. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 3. The loading areas shall be separated from all public parking areas. 5. Parks Department 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 1. No comments received. 7. Ada County Highway District CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 7. ACHD District Policy 7207.9.3 restricts residential driveways to a maximum width of 20 - feet. �, Local Residential driveways are to be constructed not more than 20 feet wide, paving them the entire width and no less than 30 -feet into the site. ACHD understands direct lot access for certain lots In block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. Site snedfic Conditio�nis of royal 1. Construct West Hightower Drive in alignment with Newberry Street, a 30 -foot wide curb return type access intersecting Jericho Road, approximately 285 -feet south of State Highway 20/26, on the opposite side of the street. 2. Locate West Hightower Drive as proposed, approximately 280 -feet north of the southeast property line (property line to centerline) to approximately 110 -feet north of the southwest property line (property line to centerilne). 3. Construct West Hightower Drive as a 40 -foot street section within 54 -feet of right- of-way; complete with vertical curb, gutter, 5 -foot attached or 7 -foot detached sidewalk. Any additional direct lot access in this area other than specific approvals In this application are prohibited and will be required to be noted on the final plat. 4. Locate a northern access from West Hightower Drive to the commercial development approximately 220 -feet east of North Saguaro Hills Way (centerline to centerline). S. Locate North Saguaro Hills Way in alignment with Castlebury Avenue, approximately 80 -feet east of the northwest property line, transitioning south, past the Intersection with West Hightower Drive, to where it stubs 120 -feet west of the southeast property line (property line to centerline). 6. Locate the western access from North Saguaro Hills Way to the commercial development on the east side of the road approximately 170 -feet south of State Highway 20/26 (centerline to centerline). 7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 40 -foot street section within 54 -feet of right-of-way; complete with vertical curb, gutter and sidewalk. S. Construct North Saguaro Hills Way, from approximately 310 -feet south of the north Property line where it intersects West Hightower Drive, south to stub at the south property line (located approximately 115 -feet west of the southeastern property line) as a 36 -foot street section within 50 -feet of right-of-way; complete with rolled curb, gutter and sidewalk. 10 Hightower Preliminary Plat CITY OF MERIDIAN PLANN.DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 9. Construct Jericho Road as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk; additional direct lot access in this area, other than the specific approvals In this application, are prohibited and will be required to be noted on the final plat. 10. Dedicate a total of 27 -feet of Right -of -Way from the centerline of Jericho Road to the new property line. 11. Locate West Hightower Drive intersecting Jericho Road approximately 285 -feet south of the north property line (property line to centerline) aligning with Newberry Street adjacent to the site, 12. Locate three 29 -foot street sections within 42 -feet of Right -of -Way as proposed: a. Praia Way, located 280 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of - Way. b. Rail To Street, located 280 -feet to 170 -feet west of the east property line (property line to centeriine), as a 29 -foot street section within 42 -feet of Right -of -Way. c. Torre Way, located 170 -feet west of the east property line (property line to centerline) and running north, as a 29 -foot street section terminating with a turnaround 13. Locate the seven stub streets In alignment with other existing streets in the adjacent subdivisions are attached to this report. ACHD`s approval Is contingent on a_ ctua/ alianmen , A stub street shall be designed to slope towards the street Intersection and drain surface water toward that Intersection and have a sign stating, "This street will be extended In the future." Locate the Internal local roadways with stubs as proposed. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. a. The location of West Hightower Drive A stub street to the west property line located approximately 330 -feet south of the north property fine (property line to centerline). This stub street Is anticipated to serve the 5 -acre parcel located directly to the west. District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. b• The location of North Menara Avenue A stub street to the south property line located approximately 510 -feet west of the east property line (property line to centerline). This stub 11 Hightower Preliminary Plat CITY OF MERIDIAN PLANN.DEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 street Is anticipated to serve the 5 -acre parcel located directly to the south. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. C. The Location of West Macau Street A stub street to the west property line located approximately 110 -feet south of the north property line (property line to centeritne). This stub street Is anticipated to serve the 9.5 -acre parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant wilt not be required to construct a temporary turnaround at the terminus of the roadway. d. The location of North Saguaro H€ils Way A stub street to the south property line located approximately 110 -feet west of the east property tine (property line to centerline). This stub street is anticipated to serve the 55 -acre parcel located directly to the south, Saguaro Canyon Subdivision *3 2005. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. e. The location of North Tashkent Avenue A stub street to the north property tine located approximately 110 -feet east of the west property line (property line to centeriine). This stub street Is anticipated to serve the 5 -acre parcel located directly to the north. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. f. The location of Tallinn Street (west) A stub street to the west property line located approximately 100 -feet north of the southwest property line (property Pine to centerline). This stub street Is anticipated to serve the parcel located directly to the west, Blythe Estates 1993. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 9. The location of Tallinn Street (east) A stub street to the east property line located approximately 100 -feet north of the southeast property line (property line to centerline). This stub street Is anticipated to serve the approximately 4.6 acre parcel located directly to the east. District staff is supportive of the applicant's 12 Hightower Preliminary plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*G DATE OF MAY 9, 2006 proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 14. Locate two private alleys 125 -feet south of West Macau Street (centerline to centerline) and 125 -feet north of West Tallinn Street (centerline to centerline). 15. Construct a cul-de-sac turnaround with island at the terminus of North Torre Place, approximately 130 -feet north of West Hightower Drive (near edge to centerline) with a minimum 29 -foot pavement surface surrounding the Island and a minimum 45 -foot turning radius around the island. 16. The location of the island located in block 2, lot 1 is approved as proposed. The highway district requests the dedication of Block 2, lot 1 to preserve the Right -of - Way for this particular Island. 17. Construct Local all Residential driveways not more than 20 feet wide, paving them the entire width and no less than 30 -feet Into the site. 18. Direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. 19. Provide a letter from ITD outlining their requirements; ACRD will require the applicant to satisfy those requirements as well. 20. Comply with Section D, Standard Condiitilons of Approval. 13 Hightower Preliminary Plat CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 D. Standard Conditions of Apnroval 1. Any existing Irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with Improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts In pavement less than five years old are not allowed unless approved In writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be In accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered In the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to Issuance of building permit (or other required permits), which Incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road Impact fees are required prior to building construction In accordance with Ordinance *200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGUNE (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. 12. No change in the terms and conditions of this approval shall be valid unless they are In writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District, 13. Any change by the applicant In the planned use of the property which Is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change In use is sought. 14 Hightower Preliminary Plat CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 9, 2006 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 Community' is defined as "provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." City 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 plat and conditional use permit (PP -06-003/ CUP -06-004). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. City Council finds that the proposed residential uses are allowed in the proposed R-8 and R-15 zones. 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. City Council finds that the proposed C -C zone, 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. Staff 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. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 9, 2006 City 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, City 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On February 10, 2006, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should 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. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). City Council finds that the annexation and zoning of this property to C -C, R-15 and R-8 would be in the best interest of the City. UDC 11-6B-6: Preliminary Plat Findings 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; CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HIOG DATE OF MAY 9, 2006 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 City 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. F. The development preserves significant natural, scenic or historic features. City 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. UDC 11 -5B -6E: Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 24.03 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed residential/commercial uses meet 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 proposal shows a an access to Chinden Road which requires a Variance and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, and an access variance is granted, this finding will be met. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 9, 2006 The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The applicant will be required to construct the proposed buffer between land uses where commercial lots abut residential lots. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all AZ/PP/CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and HD 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. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City 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. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City 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. City Council finds the future buffer between land uses along the property boundary and the use and Chinden Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. H. 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. UDC 11 -5B -4E: Variance Findings In order to grant a variance, the Council shall make the following findings: CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 9, 2006 A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." City Council finds that because of this recommendation from IID, the granting of this variance will not grant a right or privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. City Council finds that the granting of the variance will not be detrimental to the public health, safety or welfare and has the potential of increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26). UDC 11-317-5 Private Street Findings: In order to approve the application, the Director shall find the following: 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 11-317-4; no gates are allowed. Roadway and storm drainage shall be contained on site. 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 Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed 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. The location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. June 2, 2006 VAR 06-009 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Dana & Rhonda Patterson ITEM NO. 5-H REQUEST Findings for Approval - Request for a Variance to allow for a patio structure in the required rear yard for 5278 North Cougar Flat Place 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 FindhW AfA&V-11-/ 2vo, 4 -fie: CQ i Phone: f Q as 1,co M Staff In tials: dr— 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 a r A JUN SFr 2066 C Viridian CM, r111C Me IDAHO �r Request for a Variance from Section 11-2A4 (dimensional standards) of the Unified Development Code, to allow a patio in the required rear yard at 5278 N. Cougar Flat Place, by Dana and Rhonda Patterson. Case No: VAR -06-009 For the City Council Hearing Date of. May 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 -06-009 - PAGE 1 of 3 • 0 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 applies to 5278 N. Cougar Flat Place. 8. That this variance approval allows for a patio structure to encroach approximately 6 feet into the required rear yard. 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 application is hereby approved for the reasons cited in the Staff Report for the hearing date of 5/16/06; D. Attached: Staff Report for the hearing date of 5/16/06 with findings modified to reflect City Council's decision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-009 - PAGE 2 of 3 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: G. Copy served upon: E 61161 day of VOTED_AR/ VOTED_ VOTED_#� VOTED .o VOTED MAY Aq WEERD c� 6L JR., i TTY CLE a� •, 9 111 9! A 11111ti0 � Applicant ✓' Planning Department ✓ Public Works Department ✓ City Attorney By Dated: Lp-g-0Lt M, Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-009 - PAGE 3 of 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H4WG DATE OF MAY 16, 2006 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Date: 05/16/2006 Mayor and City Council Kristy Vigil, Assistant City Planner 5278 N. Cougar Flat Place (Dana & Ronda Patterson) Variance File No. VAR -06-009 Variance request to UDC 11-2A-4 to allow for a patio structure in the required rear yard by Dana and Ronda Patterson. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-2A-4 of the Unified Development Code (UDC) that requires a minimum of 15 feet for the required rear yard. There are existing posts for a patio cover that encroach approximately 6 feet into the required 15 foot rear setback. Two of those posts encroach approximately 15 inches into a 10 -foot wide public utility, irrigation and drainage easement. 2. HEARING FACTS The Meridian City Council heard the item on May 16, 2006. At the public hearing they moved to approve the variance request. a. Summary of Public Hearing: i. In favor: Rhonda Patterson, Applicant ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning v. Other staff commenting on application: Bill Nary and Len Grady b. Key Issues of Discussion by Council: i. To allow a patio structure in the required rear yard; ii. Two of the weight bearing posts located within a 10 -foot wide public utility, irrigation, and drainage easement. iii. Applicant to file an application to vacate the easement; c. Key Council Changes to Staff Recommendation: i. The Council voted to recommend approval of the requested variance. 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR -06-009, as presented in the staff report for the hearing date of May 16, 2006 and direct Legal Staff to prepare the appropriate findings document for denial. Approval I move to approve File Number VAR -06-009, as presented in staff report for the hearing date of May 16, 2006 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the specific following changes: (State how the variance meets the findings in Section 9.1 of the Staff Report.) Continuance I move to continue File Number VAR -06-009, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 5278 N. Cougar Flat Place Variance VAR -06-009 Page I CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H4WG DATE OF MAY 16, 2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5278 N. Cougar Flat Place (Lot 10, Block 12, Lochsa Falls Subdivision No. 3); generally north of McMillan Road and west of Linder Road. Township 4N, Range 1 W, Section 26 b. Owner/Applicant: Dana and Ronda Patterson PO Box 816 Meridian, Idaho 83680 c. Present Zoning: Medium Low -Density Residential (R-4), Meridian d. Present Comprehensive Plan Designation: Medium Density Residential — 2002 Comprehensive Future Land Use Map e. Description of Applicant's Request: The applicant is requesting a variance from Section 11- 2A-4 of the Unified Development Code (UDC) that requires a minimum of 15 -feet for the required rear yard. f. Applicant's Statement/Justification: We were working with the understanding that backyard setback measurements are taken from the structural footings furthest back on the property. We planned the patio accordingly and the cover was constructed. Upon inspection, we were informed that the measurements are taken from the posts and not the footings. The post now encroach into the setback (please see the applicant's submittal letter for more information.) 5. 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: April 24t' and May Wb, 2006 c. Radius notices mailed to properties within 300 feet on: April 213', 2006 d. Applicant posted notice on site by: April 28t`, 2006 6. LAND USE a. Existing Land Use(s): Residential b. Description of Character of Surrounding Area: Primarily, single-family residences in Meridian. C. Adjacent Land Use and Zoning: 1. North: Single-family lots, zoned R4 2. West: Single-family lots, zoned R-4 3. South: Single-family lots, zoned R-4 4. East: Single-family lots, zoned R-4 d. History of Previous Actions: In 2002, the City Council approved annexation and zoning (AZ -02-010), preliminary plat (PP -02-009) and conditional use permit (CUP -02-012) applications for Lochsa Falls Subdivision. In February of 2003, the City Council approved the final plat for Lochsa Falls Subdivision No. 3, which included 67 single-family lots on 22.31 acres. 5278 N. Cougar Flat Place Variance VAR -06-009 Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 16, 2006 e. Existing Constraints and Opportunities 1. Public Works Issues or concerns: Two posts will need to be moved out of the 10 -foot back lot line utility easement. 2. Vegetation: None 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: None Identified 6. Size of Property: 0.311 7. Description of Use: Single-family residential 7. AGENCY COMMENTS MEETING No agency comments meeting was held regarding this application. Both the Meridian Public Works Department and Settlers' Irrigation District have provided comments on this application, stating that building structures need to be located outside of the 10' easement (2 posts currently encroach into the easement). 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas containing between 3 and 8 dwelling units per acre. The Comprehensive Plan is silent on variance requests in residential zones. However, temporary uses are allowed in the R-4 zone, as accessory uses (UDC 11-2A-2 Table 11-2A-2) (please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that the following UDC sections are pertinent to the Variance application (staff analysis in italics below section): 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Single-family residential is principally permitted in the R-4 zone. The minimum required rear yard in the R-4 zone is 15 -feet. Further, there is an existing 10 -foot wide public utility, drainage and irrigation easement along the rear property line of the subject site. However, the Council finds that the requested variance, to allow a patio structure in the required rear yard, will not grant a special privilege to the subject applicant. The property is being developed in a fashion similar to surrounding properties as far as the amount of the lot covered by structures/buildings, and the proposed variance is to allow a covered porch, not an enclosed portion of the building. B. The variance relieves an undue hardship because of characteristics of the site; The Council finds there are no physical characteristics of the site which require the applicant to construct a patio structure in the required rear yard. The Council further finds that there are no major canals or ditches running through this lot, and there are no topographical features or other physical characteristics which would prevent full compliance with the standard structure setback. However, Council finds that this is an unusually shallow lot for the general area. By providing relief from the rear setback requirement, the property will have buildable areas similar to the surrounding properties. 5278 N. Cougar Flat Place Variance VAR -06-009 Page 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 16, 2006 C. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing a patio structure in the required rear yard will not be detrimental to the public health, safety, and/or welfare. 10. RECOMMENDATION The applicant's request to grant the variance was summarized in Section 4.h of this report. Please see the application for more details. Staff does not believe the applicant's justification meets the "findings test" for granting a variance (see Section 9.1 above.) Based on the UDC policies for required rear yards and the required findings for a variance, staff finds there is a lack of evidence and grounds to grant a variance to UDC 11-2A-4. Therefore, staff recommends denial of the subject Variance application. The existing patio structure should be relocated to conform to the required rear setback of the R4 zone and be located outside of the existing Public utilitL irrigation and drainage easement. 5278 N. Cougar Flat Place Variance VAR -06-009 Page 4 0 • June 2, 2006 VAR 06-010 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT TNT Fireworks ITEM NO. 5-1 REQUEST Findings - Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11 -3E -4C1 for TNT Tents - 1601 S. Meridian Road; 1600 Main Street, 1850 E. Fairview Avenue; and 4051 E. Fairview Avenue 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: V� MERIDIAN SCHOOL DISTRICT: r ►� ADA COUNTY HIGHWAY DISTRICT: I SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS.- MERIDIAN AS: MERIDIAN POST OFFICE: OTHER: Emailed: r& Date: SIt coPhone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. LM • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER s JUN 02 2006 Meridian erk Office MY f -IF Request for a Variance from Section 11 -3E -4C1 (temporary structure size) of the Unified Development Code, to allow for temporary sales tents that exceed the maximum square footage allowance, located at 1601 S. Main Street, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue, by TNT Fireworks. Case No: VAR -06-010 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 5/23/06 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-010 - PAGE 1 of 3 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 applies to 1601 S. Main Street, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue. 8. That this variance approval allows for temporary sales tents to exceed the 500 square foot maximum permitted per UDC 11 -3E -4C1 to a maximum square footage of 750. 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 application is hereby approved for temporary structures up to 750 square feet for the reasons cited in the Staff Report for the hearing date of 5/23/06; D. Attached: Staff Report for the hearing date of 5/23/06 with findings modified to reflect City Council's decision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-010 - PAGE 2 of 3 0 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD b day of VOTED_ q' VOTED_o(e� VOTED_b&av VOTED loqVel-C,� VOTED MAY�9I L de WEERD OF ATTEST: �L,L WILLIAM G. BERG, JR4(CrFY CIX Copy served upon: V Applicant''''�r,,P P P 11 P 1 111111 Planning Department vof'ublic Works Department City Attorney —::� By:nA_2�jLU-j,--3_Dated: 0 -'8- Cil® Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-010 - PAGE 3 of 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE ALG DATE OF MAY 23, 2006 N r j�f KI STAFF REPORT Hearing Date: May 23, 2006 OW .OF TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner SUBJECT: TNT Tents Variance File No. VAR -06-010 Variance request to UDC 11 -3E -4C1 to allow for temporary sales tents that exceed the maximum square footage allowance, by TNT Fireworks 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11.3E -4C 1 of the Unified Development Cale (UDC) that restricts temporary structures to a maximum of 500 square feet. The Variance application, submitted concurrently with temporary Certificate of Zoning Compliance (CZC) applications to operate temporary fireworks stands at 1601 S. Meridian Road (1), 1600 Main Street (2), 1850 E. Fairview Avenue (3), and 4051 E. Fairview Avenue (4), include proposals for three 1,500 square foot temporary sales tents and one 600 square foot temporary sales tent. The City Council has final decision authority on the Variance application while the Planning Director has final decision authority on the CZC application. Planning Staff can not approve the submitted CZC applications for the temporary fireworks stands as proposed, unless the Council approves the subject variance. The applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. HEARING FACTS The Meridian City Council heard the item on May 23, 2006. At the public hearing they moved to approve the variance request. a. Summary of Public Hearing: i. In favor. Jerry Farley, Applicant's Representative ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning v. Other staff commenting on application: Bill Nary, Joe Silva, Ron Anderson, and Bob Stowe b. Key Issues of Discussion by Council: i. Size of temporary structures for fireworks stands and safety concerns of larger temporary structures; ii. Amending the UDC (Section 11-3E•4C) to allow larger temporary structures for fireworks stands and to involve temporary vendors; c. Key Council Changes to Staff Recommendation: i. The Council voted to recommend approval of the requested variance. 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR -06-010, as presented in the Staff Report for the hearing date of May 23, 2006 and direct Legal Staff to prepare the appropriate findings document for denial. TNT Tents Variance VAR-o"io Page 1 CITY OF MERIDIAN PLANOG DEPARTMENT STAFF REPORT FOR THE HILG DATE OF MAY 23, 2006 Approval I move to approve File Number VAR -06-010, as presented in Staff Report for the hearing date of May 23, 2006 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the specific following changes: (State how the variance meets the findings in Section 9.1 of the Staff Report.) Continuance I move to continue File Number VAR -06-010, to the hearing date of (insert continued hearing date here) for the following mason(s): (Yon should state specific reasons) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location(s): 1) 1601 S. Meridian Road; the southwest corner of Overland Road and Meridian Road. Township 3N, Range 1W, Section 24 2) 1600 Main Street; Rite-Aid parking lot Township 3N, Range IE, Section 7 3) 1850 E. Fairview Avenue; Fred Meyer parking lot; Township 3N, Range 1E, Section 5 4) 4051 E. Fairview Avenue; Wal-Mart parking lot; Township 3N, Range 1 E, Section 9. b. Owner(s): 1) WLDC, LLC 416 S. 8a' Street, Suite 200 Boise, Idaho 83702 2) Thrifty Payless, Inc. 14880 NE 2e Street Redmond, WA 98052 3) Fred Meyer Stores, Inc. PO Box 42121 Portland, OR 97242 4) Wal-Mart Stores, Inc. 1300 S.E. 8th Street Bontonville, AR 72716-0850 c. Applicant: TNT Fireworks 16 North 9h Ave., Ste. 6 Bozeman, MT 59715 d. Representative: Robert Brown, TNT Fireworks e. Present Zoning: 1) General Retail and Service Commercial District (C -G), Meridian 2) Community Business District (C -Q, Meridian 3) General Retail and Service Commercial District (C -G), Meridian TNT Tents Variance VAR -06-010 Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HILO DATE OF MAY 23, 2006 4) Community Business District (C -C), Meridian f. Present Comprehensive Plan Designation(s): 1) Commercial — 2002 Comprehensive Future Land Use Map 2) Mixed Use -Community — 2002 Comprehensive Future Land Use Map 3) Commercial — 2002 Comprehensive Future Land Use Map 4) Commercial — 2002 Comprehensive Future Land Use Map g. Description of Applicaurt's Request: The applicant is requesting a variance from Section 11-3& 4C 1 of the Unified Development Code (UDC) that restricts temporary structures to a maximum of five hundred (500) square feet. The Variance application, submitted concurrently with temporary Certificate of Zoning Compiiance (CZC) applications to operate temporary fireworks stands at 1601 S. Meridian Road, 1600 Main Street, 1850 E. Fairview Avenue, and 4051 E. Fairview Avenue, include proposals for three 1,500 square foot temporary sales tents and one 600 square foot temporary sales tent h. Applicant's Statement/Justification: TNT Fireworks has operate tents at three or four locations in previous years with no problems or concerns from neighbors or citizens (please see the applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute a variance as deternimed by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 1I - 5A -1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: May e, 2006 and May''`, 2006 c. Radius notices mailed to properties within 300 feet on: May 4s`, 2006 d. Applicant posted notice on site by: May 5h, 2006 6. LAND USE a. Existing Land Use(s): 1) Convenience store with fuel facility, 2) Rite-Aid retail store, 3) Fred Meyer retail store, and 4) Wal-Mart retail store. b. Description of Character of Surrounding Area: Primarily, Commercial and residential uses in Ada County and the City of Meridian. C. History of Previous Actions: In September of 2005, the City Council approved an annexation and zoning (AZ -04-031) application for Meridian Gateway loud at 1601 S. Meridian Road. Wal-Mart, Fred Meyer, and Rite-Aid have been existing retail uses for a number of years. d. Existing Constraints and Opportunities 1. Public Works Issues or concerns: None 2. Vegetation: None 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: None Identified TNT Tents variance VAR-o"io Page 3 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR TEE JLG DATE OF MAY 23, 2006 6. Size of Property: 7.24 (SWC Overland and Meridian Roads)(1) 2.72 (Rite-Aid)(2) 15.457 (Fred Meyer)(3) 8.722 (Wal-Mart)(4) 7. Description of Use: Operation of four fireworks stands in commercial areas. e. Subdivision Plat Information — N/A f Landscaping — N/A g. Planned Development Characteristics — N/A h. Amenities — N/A i. Off -Street Parking — Per UDC 11 -3E -4.E, adequate off-street parking for the use must be provided. j. Proposed and Required Residential Standards — N/A k. Proposed and Required Non -Residential Standards — See Section 9.2 below. I. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing to use existing parking and curb cuts on the sites for the temporary fireworks stands. 7. AGENCY COMMENTS MEETING — N/A 8. COMPREHENSIVE PLAN POLICIES AND GOALS Three of the subject sites are designated `Commercial' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas providing a full range of commercial and retail to serve areas residential and visitors. Furthermore, the site located at 1600 Main Street (Rite-Aid) is designated `Mixed Use -Community' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The Comprehensive Plan is silent on variance requests in residential zones. However, temporary uses are allowed in C -G and C -C zones, as accessory uses (UDC 11 211-2 Table 11 2B-2) (please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS The City Council finds the following: 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grafi a right or special privilege that is not otherwise allowed in the district: Temporary uses are allowed as accessory uses in the C -C and C -G zones. The size of a temporary structure is restricted to a maximum of 500 square feet. However, the Council has stated that they would like to amend the UDC to consider larger temporary structures. Therefore, this approval will not grant a special privilege. Furthermore, the City Council finds that City Code 5-4-15M allows for a temporary structure up to 750 square feet. B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds there are no physical characteristics of the sites which require the applicant to operate within a larger -than -allowed temporary structure on the sites. The TNT Tents Variance VAR -05-010 Page 4 CrrY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE HILG DATE OF MAY 23, 2006 Council further finds that there are no major canals or ditches running through this lot, and there are no topographical features or other physical characteristics which would prevent full compliance with the standard temporary structure size. However, by amending the UDC to allow temporary structures to be larger than 500 square feet (see previous Finding), a variance would not be required in this instance. C. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing 750 square foot temporary structures on the sites will not be detrimental to the public health, safety, and/or welfare. 10. FIRE DEPARTMENT COMMENTS The Meridian Fire Department is recommending that the Meridian City Council consider limiting the size of tents for retail sale of Fireworks to 200 square feet and canopies to 400 square feet per section 2403.2 of the 2003 International Fire Code. The recommendation is based on a size which would discourage allowing customers to enter the tent and having direct access to the product during the selection process. We are opposed to large tents for the sale of fireworks for the following reasons: 1. The vendors have not been removing the product from the large tents after hours because of the shear quantity of inventory. This has posed a real security problem because tents have no way of being secured from the theft. 2. Large quantities of fireworks in a tent pose a safety concern for the individuals conducting the sales, individual members of the public and the surrounding property. 3. Large tents have been erected in fields before the weeds have been removed posing a direct fire hazard. 4. We have had problems with 1500 square foot tents being erected and collapsing in storms. 5. Tents are not allowed in the City of Boise, temporary fireworks stands have to be less than 750 square feet. 11. RECOMMENDATION Based on the UDC policies for temporary uses and the required findings for a variance, staff finds there is a lack of evidence and grounds to grant a variance to UDC 11-3E4C1. Staff does not believe the applicant's justification meets the "findings test" for granting a variance (see Section 9.1 above.) Therefore. staff recommends that the Council "en subject Variance application Staff further recommends that the Council direct staff to issue a Certificate of Zoning Compliance (CSC) RprpgL which allows for the oohs—buction and ggag ion of four (4)em orary fireworks stands located at 1601 S Mendda Road. 1600 Main Street. 1850E Fairview Avenue, and 4051E Fairview Avenue that r uir full compliance with all of the standards listed in Section 9.2 of the Staff Report for thehie iN date of May 23, 2006. TNT Tents Variance VAR -0"10 pap 5 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 41 AZ 06-014 APPLICANT ATM Development, LLC ITEM NO. 5-1 REQUEST Findings: Request for Annexation & Zoning of 20.16 acres from RUT to R-4 for Cabella Creek Subdivision — NE comer of East Victory Road and South Mesa Way: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Mdavit of COMMENTS See Attached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at WbUc meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVE* '` 2006 I 6 Cit ® eridiau. a'{�y�'�}' k Office 7 �! c,rr P nF . a IDAHO 10.3 P Ta In the Matter of Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) AND Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres, for Cabella Creek Subdivision, by ATM Development, LLC. Case No(s).: AZ -06-014 and PP -06-012 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 1 of 4 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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 stamped January 24, 2006 by The Land Group, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. Temporary construction fencing will be installed around the perimeter of the subdivision; 2. That the preferred construction traffic entrance to the development shall be Victory Road and not Mesa Way; and, 3. To provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 2 of 4 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 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 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the T, -A A , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, Copy served upon: U b day of VOTED 4(eA-' VOTED _i�'�� VOTED_ _#! — VOTED VOTED M de WEERD 0MfiliL _ j /, CI Applican�''f�IPIYItB _%o,," Planning Department Public Works Department City Attorney BDated: U- & 0 U 41 C1 Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 4 of 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 STAFF REPORT Hearing Date: 5/23/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 IVA 4 cl� y s IDAHO 7ro SUBJECT: Cabella Creek Subdivision AZ -06-014 Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential). PP -06-012 Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres in a proposed R-4 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) for 20.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust Grove Road. Currently, there are three single-family homes and associated outbuildings on this site. Two of the existing homes are to remain, the third will be removed. The site has been previously platted as is commonly known as Lots 3, 4, 5 and 6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cabella Creek Subdivision (AZ -06-014 and PP -06-012) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. NOTE: At the public hearing on April . the applicant inquired about Condition 1.2.3 in Exhibit B. which prohibits drainage ponds from being counted towards the open space requirement. In the application the applicant stated that 22% (4.17 acres) of the total development was being set aside for common open space (this calculation included the ponds that may be used to store storm drain water.) Between the Commission hearing and the Council hearing the applicant has submitted revised open space calculations for this development. The revised open space calculations exclude the ponds and the Ten Mile Creek and total approximately 2.5 acres (13%) of the site. This revised open space calculation exceeds the required 5% open space of the UDC for a development of this size. Staff has amended Condition 1.1.2 in Exhibit B to reflect the revised open space requirement for this development. a. Summary of Public Hearing: i. In favor: Eric Cronin (Applicant's Representative), Aaron McGee (Applicant) ii. In opposition: Aneke Binford, Matt Binford iii. Commenting: None Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H&G DATE OF MAY 23, 2006 iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole, Bill Nary b. Key Issues of Discussion by Commission: i. The location of Novara Way and the impact to the existing home — headlights in their windows and mitigating that impact; and, ii. The design and function of the storm drain/amenity ponds. c. Key Commission Changes to Staff Recommendation: i. Amended the Development Agreement proposed for this site by adding a provision stating that the applicant has volunteered to assist the neighbor across Mesa Way from the first entry road (Novara Way) to this development by widening the "U" of their driveway and providing some berming and landscaping in between the enlarged driveway area. See Section 10 below. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -014 and PP -06-012 as presented in staff report for the hearing date of May 23, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -014 and PP -06-012 as presented in the staff report for the hearing date of May 23, 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 I move to continue File Numbers AZ -06-014 and PP -06-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2955 S. Mesa Way, 3086 S. Mesa Way, 1252 E. Victory Road; north side of Victory Road, approximately 600 feet west of Locust Grove Road / 3N1E19 b. Owner: Martin Artis 9292 W. Pandion Court Boise, Idaho 83714 c. Applicant: ATM Development, LLC 660 E. Franklin Road Meridian, Idaho 83642 d. Representative: Eric Cronin, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential with a Multi -Use Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 Pathway g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.16 acres to R-4 and Preliminary Plat approval of 47 single-family buildable lots and 11 common lots. All of the homes within the development are proposed to be single-family detached. All of the proposed lots conform to the dimensional standards of the R-4 zone. The average lot size in the proposed development is 10,341 square feet. The gross density of the project is 2.49 dwelling units per acre. Approximately 22% (over 4 acres) of the site is being set aside for open space. The applicant is proposing to construct a multi -use pathway on the south side of the Ten Mile Creek. 1. Date of preliminary plat (attached in Exhibit A): 1/24/06 2. Date of landscape plan (attached in Exhibit A): 03/1/06 h. Applicant's Statement/Justification: In an effort to address City Council, City Planning Staff and the public testimony represented at council and neighborhood meetings, the preliminary plat is presented to you. Please take notice that a 20 -foot wide landscape buffer has been incorporated into the layout along Mesa Way. Larger lots have been provided adjacent to Mesa Way that mirror the lot size requirements found in an R-2 zoning designation. We feel that these items, coupled with restrictions on direct lot access to Mesa Way will aid in the transition from the existing 5 -acre parcels within the existing Kachina Estates Subdivision (please see Applicant's Submittal Letter fro more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 20th and April 3rt, 2006 (for Planning & Zoning Commission hearing) and April 2e and May 8th, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: March 15th, 2006 (for Planning & Zoning Commission hearing) and April 21st, 2006 (for City Council hearing) e. Applicant posted notice on site by: March 27th, 2006 (for Planning & Zoning Commission hearing) and May 6th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family home and some associated outbuildings on this site. Two of the existing homes are to remain, while the northern -most home will be removed from the site. b. Description of Character of Surrounding Area: This area contains four five -acre lots in Kachina Estates Subdivision. These are the first of the lots in Kachina Estates to re -develop in the City. There are existing R-4 and R-8 subdivisions to the north and south. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Salmon Rapids Subdivision, zoned R4 Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 3 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF MAY 23, 2006 2. East: 5 -acre single-family lots within Kachina Estates Subdivision, zoned RUT (Ada County) 3. South: Single-family lots within Tuscany Village Subdivision, zoned R-8; and Grange Hall, zoned Rl (Ada County) 4. West: 5 -acre single-family lots within Kachina Estates Subdivision, zoned RUT (Ada County) d. History of Previous Actions: Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexation, AZ -05-048). That application was denied by the City Council, primarily because the request for annexation did not have a concurrent development application (plat), there was concern about transitional densities and the proposed zoning, and it was not in the best interest of the City at that time. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in E. Victory Road at the Ascaino Way entrance. Location of water: Water is readily available in E. Victory Road. Issues or concerns: A portion of this site is in a floodplain zone AE. Applicant has submitted a letter from MTI stating that they expect groundwater levels to be within 1 to 3 feet from the surface. The need for an off-peak pumping station for sewerability. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: The Ten Mile Creek floodway bisects the subject site. A portion of this site is within the FEMA 100 -year floodplain Zone AE. A majority of this site is in the Zone X. 4. Canals/Ditches Irrigation: As noted above the Ten Mile Creek bisects this property. The Ten Mile Creek should remain open and protected through this site. Any open irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural waterway) should be tiled when this property develops. 5. Hazards: Except for a portion of the site being within the Ten Mile Creek floodway and floodplain, no hazards have been identified on this site. 6. Proposed Zoning: R-4 (Medium Low -Density Residential) 7. Size of Property: 20.16 acres f. Subdivision Plat Information: 1. Residential Lots: 47 2. Non-residential Lots: 0 3. Total Building Lots: 47 4. Common Lots: 11 5. Other Lots: 0 6. Total Lots: 58 Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 4 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 7. Gross Density: 2.49 units per acre (net density is 3.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 20 -foot wide landscape buffer is required adjacent to collector streets. Victory Road is a classified collector roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.17 acres/22% 4. Other landscaping standards: Landscaping adjacent to multiuse pathways should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). See Section 10, Analysis below. h. Amenities: Four acres of open space, parkway strips between the sidewalks and curbs, multi- use pathway, and amenity ponds. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,000 8,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The existing home to remain on Victory Road currently takes access to Victory. The applicant is proposing to remove this existing access and provide access to all of the dwellings within this development via the existing Mesa Way and the new proposed internal streets. A new public street access with Victory Road is proposed in alignment with Ascaino Avenue on the south side of Victory Road. Two new public street connections to Mesa Way, an existing local street, are also proposed. All of the internal streets are local streets with 33 -feet wide street sections (measured back of curb to back of curb) and contain sidewalks that are detached from the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 5 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 23, 2006 Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single- family lots on 18.84 acres for a gross density of 2.49 dwelling units/acre. Staff finds that the overall density is within the range of a low density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 6 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE H1G DATE OF MAY 23, 2006 Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminaryplat proposes to extend the one stub street currently provided to this property from the north. In addition, two stub streets are being proposed to the eastern 5 -acre parcels that staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a 6 -foot tall closed fence along Victory Road and portions of the west and east property lines. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties and Mesa Way. The applicant is also proposing to construct a 10 foot wide multi -use pathway on the south side of the Ten Mile Creek. This pathway will connect with adjacent pedestrian connections to the northwest and to the existing pathway in Tuscany to the south. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The existing access to Victory Road, a collector street, should be removed. The new public street connection to Victory Road, has been reviewed and approved by ACHD. City Staff is also supportive of the location of Ascaino Way; no additional access points to Victory Road should be allowed. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 7 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF MAY 23, 2006 The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the east and west. Stafffinds that the proposed lot sizes provide a good transition between the larger lots to the east and west and the proposed lots within this development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zone. Salmon Rapids obtained an R-4 zone and Tuscany Village obtained an R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (2.49 d.u.'s/acre) and zoning (R-4) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 8 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOG DATE OF MAY 23, 2006 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on February 15, 2006 by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Aueement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 47 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That the applicant will construct a minimum 10 -foot wide multi -use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. • That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 9 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HOG DATE OF MAY 23, 2006 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory Road may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACRD). At such time, direct lot access to Victory Road shall be prohibited. To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house across Mesa Way (Binford property), the applicant has volunteered to, nei'ahbor- (Bh&r d) by m4deWo the "U" of �'aaa�'�rr�� saTasaa'�e drWew&;--*Fea. at the developer's expense, provide off-site improvements adiacent to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "U" of their (Binford's) driveway and providing berming and landscaping on the Binford's property, as allowed by the Binford's. That the applicant agrees to install temporary construction fencing around the perimeter of the subdivision. That the preferred construction traffic route to/from this development shall be from Victory Road and not Mesa Way. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Ri t-of-wav and Street Buffers: ACHD is requiring the applicant to dedicate 35 -feet of right-of-way (measured from the centerline of the street) abutting Victory Road. In accordance with UDC Table 11-2A-4 and UDC 11-3B-7 construct a 20 -foot wide landscape buffer along Victory Road, as proposed. Pathways: The applicant is proposing to construct a 10 -foot wide asphalt pathway along the south side of the Ten Mile Creek. This pathway will tie in with the pathway to the south in and through the Tuscany Development. UDC 11 -3B -12C requires a 5 -foot wide landscape strip adjacent to multi -use pathways with at least 1 deciduous tree being planted every 35 linear feet (trees may be grouped). Sidewalks and Parkwa The applicant is proposing to construct detached sidewalks with 6 -foot wide parkway strips between the curb and sidewalk. UDC 11-3A-17 requires parkways to be at least 8 -feet wide and planted with Class 11 trees. However, the planter width may be reduced to 6' if there are root barriers installed on the trees. The avvhcant should either construct 8 -foot wide_varkways, or 6 -foot wide Darkways with root barriers around all trees within the Darkway. Landscaping_ The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, Ll.1 and L1.2 is approved with the following modifications/notes: Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 10 CITY OF MERIDIAN PLANNS DEPARTMENT STAFF REPORT FOR THE H&G DATE OF MAY 23, 2006 • Construct a 20 -foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Per UDC 11 -3A -17E, construct 8 -foot wide parkways, OR 6 -foot wide parkways (as proposed currently) with root barriers around all trees within the parkway. • Per UDC 11 -3G -3A, set aside 22% (4 acres) of the site for useable open space and provide a 10 -foot wide multi -use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Victory Road and Mesa Way. Except for the proposed public street, Ascaino Way, direct lot access to Victory Road should be prohibited; place a note on the final plat. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structure on the north part of the development spans across proposed lot lines, this building shall be removed or relocated, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6 -foot solid fencing along portions of the south, east and west property lines. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi- use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 11 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HOG DATE OF MAY 23, 2006 be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 014 and PP -06-012, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Ayri16, 2006. 11. EXHMITS A. Drawings 1. Preliminary Plat (dated: 1-24-06) 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 12 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 Exhibit A — Page 3 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HUNG DATE OF MAY 23, 2006 U9fd edwspUal Pid tieulwItDJd M33tO VM r r e e i i! ti §� t, rllmr- Exhibit A — Page 4 I fa � Exhibit A — Page 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARI&ATE OF JANUARY 19, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-012) 1.1.1 The preliminary plat labeled as P1.0, prepared by The Land Group, Inc., dated January 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-014) application shall also be considered conditions of the Preliminary Plat (PP -06-012). 1.1.2 The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, L1.1 and L1.2 is approved with the following modifications/notes: • Construct a 20 -foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer shall be constructed in accordance with UDC 11-3B-7. • Per UDC 11 -3A -17E, construct 8 -foot wide parkways, OR 6 -foot wide parkways (as proposed currently) with root barriers around all trees within the parkway strip. • Per UDC 11 -3G -3A, set aside 220' (4 .,,...e..` 13% (2.5 acres) of the site for useable open space and provide a 10 -foot wide multi -use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted, and common areas shall be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Place a note on the face of the final plat that prohibits direct lot access to Victory Road. 1.1.4 Remove the existing structure on the north part of the development that spans across the proposed lot lines for Lots 2 and 3, Block 2. All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. Exhibit B — Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 1.1.6 Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. 1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-012) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-613-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Victory Road. Since this would cause the property to flow out of shed the applicant shall do one of two options. • The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 sources, then this condition may be rescinded by the City Engineer. • Install a temporary lift station that discharges to the sewer mains located in Locust Grove Road. The design shall be coordinated with the Public Works. 2.2 The applicant shall install all sewer 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 Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 As part of the City of Meridian's "to and through" policy, the applicant shall install water mains in S. Mesa Way along their frontage. This is needed for redundancy of the water system. 2.5 The preliminary plat shows a portion of Lots 26, 27, and 28 being encumbered by the AE floodplain. The applicant shall revise the lots to ensure all buildable lots are out of the AE floodplain. Or, file for a LOMAR with FEMA to remove the floodplain. Or, add a note on the final plat referencing the floodplain map and those lots will have to file elevation certifications. 2.6 No water valves or manholes will be allowed in the landscape islands. If water or sewer mains are to be routed under the landscape islands then no trees shall be allowed in them. 2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If the groundwater report indicates groundwater as shallow as MTI's letter indicates a grading and drainage plan will be required, the details of which will be decided at final plat submittal and be required prior to construction plan approval. 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.10 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the houses that are going to be retained on site to municipal services. 2.11 All existing structures that do not meet setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 2.13 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 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. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.26 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Reauirements for dead-end fire annaratus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one Exhibit B — Page 2 CITY OF MERIDIAN PLANT DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 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. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. Police Department 4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide a driveable surface to each of the common amenitvpond areas Coordinate the design of these areas with the Meridian Police Department, Lt. Bob Stowe. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1.1 Construct East Victory Road as one half of a 46 -foot street section with vertical curb, gutter and 5 -foot detached (or 7 -foot attached) concrete sidewalk within 35 -feet of right-of-way with parking prohibited on both sides. 7.1.2 Dedicate 35 -feet of right-of-way from centerline of East Victory Road, abutting the site. 7.1.3 Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino Avenue located approximately 177 -feet west of the southeast property line. Exhibit B — Page 2 CITY OF MERIDIAN PLANIODEPARTMENT STAFF REPORT FOR THE HEAMOATE OF JANUARY 19, 2006 7.1.4 Provide ACRD with the plans for the bridge crossing (South Ascnaio Way) of the Ten Mile Creek for review and approval. 7.1.5 Construct South Mesa Way as one half of a 36 -foot street section with curb, gutter and sidewalk within 25 -feet of right-of-way from centerline, where it abuts the site. 7.1.6 Construct the internal streets as 34 -foot street sections within 50 -feet of Right -of -Way, as proposed, complete with curb, gutter, planter boxes and 5 -foot detached sidewalk. 7.1.7 Construct the three islands, one turnaround and a knuckle as proposed. 7.1.8 Construct the three stub streets as proposed: o Construct a stub street to the north, South Ascaino Way, located approximately 560 -feet east of the north property line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125 - feet south of the north property line (measured property line to centerline). o Construct a stub street to the east, East Sagemoor Street, located approximately 500 -feet south of the north property line (measured property line to centerline). 7.1.9 Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the final plat. 7.1.10 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B — Page 2 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 C. Legal Description y/r._►...1i MEr! �` On XWE LAND GROUP, EXC. February 10, 206 71rrajectNo..27m 1..cgal 13mctiptim r ;abelia Creels 5ubdivisioD Annexation & Rezone Area 20.16 Acres A treux of land for annexation and rezone pure, being Lots 3, 4, S and 6. Block 1, 1j 2"hin' Estates fa recorded 6'b&"W' on ills in Book 35 of Flats, at Pages 3016 and 3017, tecotds of A& County' Idaho), and a portion of the Southeast One Quitter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada Co", Idaho, described as follows: <-Qmmadng at 5/$ -inch steel pin monuraenting the Southeast Cotner of said Section 190, ehe centerline of E. Victory Road, thence Mowing the soudwly lime of said Section 19 and Said centerline, South W013" West a diam= of 626,18 feet to the POINT OF BEGINN NG; 'Ilheacc Mowing the sovtbL* line of said Section 19 and said :c ate&ne, Sots 89°42'13" West a distance of 945:214 &et to a point on the ceawline Way; of Mesa Therim leaving said soehthedy lithe and said centestine, and following the centerline of said Mena Way, North 00"1747" `!est a distance of 664,58 feet to a pointy tlhence 93.92 feet following the arc of a circular carve to the right, said carve having a mdi of 135.38 feet, a central auee of 39045'01", a chord beating of North 19'M43" East and a chord &trace of 92.05 feet to a point, Them= North 39`127"14" Fast a distance of 261.17 feet to a point; Thence 57.88 feet ft'Mwing the arc of a circular ensue to the left, said curve having a radius of 75.00 feet, a central angle of 44013'10", a Chord bearing of North 17°213`39" East anal a chord duce of 56.46 feet to a point on the northerly lice of taid Lot 6 extended uastedy to Wd eine; Thence leaving said cetttesline athd fo tike northerly line of said Lot 6 Sze East a distance aaf 62203 Feet to a Point monumentiag the Northeast Comer of said i of 6> Thence leaving said amthedy iii and following the easterly fisc+ of mid Int 6, SouthWWW East a distance of 305.73 fact to a 1 /2-steei pint mon mxeat ng the Southeast Cosner of said Lot 6,. Thegee leaving said eastetiy 9-e and fonowing the sotthedy line of said 1mt 3, 6i , ",a; • Fmradnvt. ^ir„1+if.•.7ir, • t •Ptd F35Sr.�,'rr_� s � ' � .a.$ C_cai3 F� :aP,-ye, ¢`-• F:ti�eu..rian • t:.rr�i: C'�,tctunr`.U;iun • Srr +iatr x', . L�hutr 1]zitic, �t<--. !=lCt. L�,z1r, d(iah.( :tx6lfs • !e +�+13n.A��h 1fi?{m3:434.q 14 i • U4e+b'.thrlmd�tra(il,in..t(an X tt4.nc.t `?l i 4v. .S n,v 27ffi. t,4*00''' Anm,'v Al,t iced w Exhibit C — Page 1 CITY OF MERIDIAN PLANSDEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 February 10, 2006 Page 2 of 2 North 89'3837" Fast a distance of 106,46 feet to a 1/2 -steel pin monumenting rhe Northeast Comer of said I.,ot 3; Thence leaving said northerly line and following the cut My line of said Lot 3, South 00*23'17" Bast a distance of 690.42 feet to the POINT OF Br-,GTNNTING. The above-destnbcd tract of laud contains 20.16 Acres, more or less, subject to aU existing., ea�;etnents and rights-of-way. , Rm ached hereto is Exhibit "A-2" and by this, reference is made a part hereof. Tared By; THE LAND Gnoup, INc. 162 L. Shore Dxhe, Suite 100 I Idaho 83616 20ft-9394041 BI y 208-939-4445 (VAXj FEB 17 2006 :.,.ritWAN FUWX 4- RX9 DEFY , zw cfs .vern"A ' C - Exhibit C — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 P down Exhibit C — Page 3 ��- Z' LU 7 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARLOATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 1 CITY OF MERIDIAN PLANSDEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Creek is a natural, scenic feature that should be preserved when this property develops. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ten Mile Creek is protected and enhanced, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 0 APPLICANT ATM Development, LLC ITEM NO. 5-K REQUEST Findings: Request for Preliminary Plat approval of 47 single family residential lots and 11 common lots on 18.84 acres in a proposed R-4 zone for Cabello Creek Subidivision — NE comer of E. Victory Road and South Mesa Way / n AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings Contacted: Date: f!P OCp Phone: Emailed: cQ�®c, Staff Initials: _ ,(kt, Materials presented at ptAc meetings shall become properly of the City of Meddlan. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 9 RECEIVED JUN 01 2006 City f -dian Ci Ofrice (Tri' cis In the Matter of Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) AND Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres, for Cabella Creek Subdivision, by ATM Development, LLC. Case No(s).: AZ -06-014 and PP -06-012 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 1 of 4 0 0 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 23, 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 stamped January 24, 2006 by The Land Group, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. Temporary construction fencing will be installed around the perimeter of the subdivision; 2. That the preferred construction traffic entrance to the development shall be Victory Road and not Mesa Way; and, 3. To provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 2 of 4 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 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 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 3 of 4 0 By action of the City Council at its regular meeting held on the �4„ a , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE CK6li1NUSA w r�hi: 0 i 114a11:1 0.11.11 TIE BREAKER MAYOR TAMMY de WEERD 0 day of VOTED VOTED jk� VOTED VOTED VOTED de WEERD ATTEST: X � ILLIAM G. BERG, JR., C CPQ ✓ c Copy served upon: Appliant .O' Planning Department Public Works Department City Attorney By: Dated: LD -3 -OU City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 4 of 4 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEAGG DATE OF MAY 23, 2006 STAFF REPORT Hearing Date: 5/23/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 'torr° TIFINA(60 5: 'nl ra SUBJECT: Cabella Creek Subdivision AZ -06-014 Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential). PP -06-012 Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres in a proposed R-4 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R4 (Medium Low -Density Residential) for 20.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust Grove Road. Currently, there are three single-family homes and associated outbuildings on this site. Two of the existing homes are to remain, the third will be removed. The site has been previously platted as is commonly known as Lots 3, 4, 5 and 6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cabella Creek Subdivision (AZ -06-014 and PP -06-012) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. NOTE: At the public hearing on April 6 , the applicant inquired about Condition 1.2.3 in Exhibit B, which prohibits drainage ponds from being counted towards the open space requirement. In the application the applicant stated that 22% (4.17 acres) of the total development was being set aside for common open space (this calculation included the ponds that may be used to store storm drain water.) Between the Commission hearing and the Council hearing the applicant has submitted revised open space calculations for this development. The revised open space calculations exclude the ponds and the Ten Mile Creek and total approximately 2.5 acres (13%) of the site. This revised open space calculation exceeds the required 5% open space of the UDC for a development of this size. Staff has amended Condition 1.1.2 in Exhibit B to reflect the revised open space requirement for this development. a. Summary of Public Hearing: i. In favor: Eric Cronin (Applicant's Representative), Aaron McGee (Applicant) ii. In opposition: Aneke Binford, Matt Binford iii. Commenting: None Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 1 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEAGG DATE OF MAY 23, 2006 iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole, Bill Nary b. Key Issues of Discussion by Commission: i. The location of Novara Way and the impact to the existing home — headlights in their windows and mitigating that impact; and, ii. The design and function of the storm drain/amenity ponds. c. Key Commission Changes to Staff Recommendation: i. Amended the Development Agreement proposed for this site by adding a provision stating that the applicant has volunteered to assist the neighbor across Mesa Way from the first entry road (Novara Way) to this development by widening the "U" of their driveway and providing some berming and landscaping in between the enlarged driveway area. See Section 10 below. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -014 and PP -06-012 as presented in staff report for the hearing date of May 23, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -014 and PP -06-012 as presented in the staff report for the hearing date of May 23, 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 I move to continue File Numbers AZ -06-014 and PP -06-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2955 S. Mesa Way, 3086 S. Mesa Way, 1252 E. Victory Road; north side of Victory Road, approximately 600 feet west of Locust Grove Road / 3N1E19 b. Owner: Martin Artis 9292 W. Pandion Court Boise, Idaho 83714 c. Applicant: ATM Development, LLC 660 E. Franklin Road Meridian, Idaho 83642 d. Representative: Eric Cronin, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential with a Multi -Use Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 23, 2006 Pathway g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.16 acres to R-4 and Preliminary Plat approval of 47 single-family buildable lots and 11 common lots. All of the homes within the development are proposed to be single-family detached. All of the proposed lots conform to the dimensional standards of the R-4 zone. The average lot size in the proposed development is 10,341 square feet. The gross density of the project is 2.49 dwelling units per acre. Approximately 22% (over 4 acres) of the site is being set aside for open space. The applicant is proposing to construct a multi -use pathway on the south side of the Ten Mile Creek. 1. Date of preliminary plat (attached in Exhibit A): 1/24/06 2. Date of landscape plan (attached in Exhibit A): 03/1/06 h. Applicant's Statement/Justification: In an effort to address City Council, City Planning Staff and the public testimony represented at council and neighborhood meetings, the preliminary plat is presented to you. Please take notice that a 20 -foot wide landscape buffer has been incorporated into the layout along Mesa Way. Larger lots have been provided adjacent to Mesa Way that mirror the lot size requirements found in an R-2 zoning designation. We feel that these items, coupled with restrictions on direct lot access to Mesa Way will aid in the transition from the existing 5 -acre parcels within the existing Kachina Estates Subdivision (please see Applicant's Submittal Letter fro more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 20a` and April 3rd, 2006 (for Planning & Zoning Commission hearing) and April 24`s and May 8t', 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: March 15t', 2006 (for Planning & Zoning Commission hearing) and April 21s`, 2006 (for City Council hearing) e. Applicant posted notice on site by: March 27th, 2006 (for Planning & Zoning Commission hearing) and May 6th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family home and some associated outbuildings on this site. Two of the existing homes are to remain, while the northern -most home will be removed from the site. b. Description of Character of Surrounding Area: This area contains four five -acre lots in Kachina Estates Subdivision. These are the first of the lots in Kachina Estates to re -develop in the City. There are existing R-4 and R-8 subdivisions to the north and south. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Salmon Rapids Subdivision, zoned R-4 Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 3 CITY OF MERIDIAN PLANNIMEPARTMENT STAFF REPORT FOR THE HE G DATE OF MAY 23, 2006 2. East: 5 -acre single-family lots within Kachina Estates Subdivision, zoned RUT (Ada County) 3. South: Single-family lots within Tuscany Village Subdivision, zoned R-8; and Grange Hall, zoned Rl (Ada County) 4. West: 5 -acre single-family lots within Kachina Estates Subdivision, zoned RUT (Ada County) d. History of Previous Actions: Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexation, AZ -05-048). That application was denied by the City Council, primarily because the request for annexation did not have a concurrent development application (plat), there was concern about transitional densities and the proposed zoning, and it was not in the best interest of the City at that time. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in E. Victory Road at the Ascaino Way entrance. Location of water: Water is readily available in E. Victory Road. Issues or concerns: A portion of this site is in a floodplain zone AE. Applicant has submitted a letter from MTI stating that they expect groundwater levels to be within 1 to 3 feet from the surface. The need for an off-peak pumping station for sewerability. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: The Ten Mile Creek floodway bisects the subject site. A portion of this site is within the FEMA 100 -year floodplain Zone AE. A majority of this site is in the Zone X. 4. Canals/Ditches Irrigation: As noted above the Ten Mile Creek bisects this property. The Ten Mile Creek should remain open and protected through this site. Any open irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural waterway) should be tiled when this property develops. 5. Hazards: Except for a portion of the site being within the Ten Mile Creek floodway and floodplain, no hazards have been identified on this site. 6. Proposed Zoning: R-4 (Medium Low -Density Residential) 7. Size of Property: 20.16 acres f. Subdivision Plat Information: 1. Residential Lots: 47 2. Non-residential Lots: 0 3. Total Building Lots: 47 4. Common Lots: 11 5. Other Lots: 0 6. Total Lots: 58 Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HILG DATE OF MAY 23, 2006 7. Gross Density: 2.49 units per acre (net density is 3.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 20 -foot wide landscape buffer is required adjacent to collector streets. Victory Road is a classified collector roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.17 acres/22% 4. Other landscaping standards: Landscaping adjacent to multiuse pathways should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). See Section 10, Analysis below. h. Amenities: Four acres of open space, parkway strips between the sidewalks and curbs, multi- use pathway, and amenity ponds. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,000 8,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The existing home to remain on Victory Road currently takes access to Victory. The applicant is proposing to remove this existing access and provide access to all of the dwellings within this development via the existing Mesa Way and the new proposed internal streets. A new public street access with Victory Road is proposed in alignment with Ascaino Avenue on the south side of Victory Road. Two new public street connections to Mesa Way, an existing local street, are also proposed. All of the internal streets are local streets with 33 -feet wide street sections (measured back of curb to back of curb) and contain sidewalks that are detached from the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 5 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HOG DATE OF MAY 23, 2006 Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single- family lots on 18.84 acres for a gross density of 2.49 dwelling units/acre. Staff finds that the overall density is within the range of a low density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter Vl, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 6 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminaryplat proposes to extend the one stub street currently provided to this property from the north. In addition, two stub streets are being proposed to the eastern 5 -acre parcels that staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a 6 -foot tall closed fence along Victory Road and portions of the west and east property lines. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties and Mesa Way. The applicant is also proposing to construct a 10 foot wide multi -use pathway on the south side of the Ten Mile Creek. This pathway will connect with adjacentpedestrian connections to the northwest and to the existing pathway in Tuscany to the south. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The existing access to Victory Road, a collector street, should be removed. The new public street connection to Victory Road, has been reviewed and approved by ACID. City Staff is also supportive of the location ofAscaino Way; no additional access points to Victory Road should be allowed. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 7 CITY OF MERIDIAN PLANN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the east and west. Stafffinds that the proposed lot sizes provide a good transition between the larger lots to the east and west and the proposed lots within this development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zone. Salmon Rapids obtained an R-4 zone and Tuscany Village obtained an R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (2.49 d.u.'s/acre) and zoning (R-4) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 8 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on February 15, 2006 by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-513-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 47 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That the applicant will construct a minimum 10 -foot wide multi -use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. • That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 9 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE JONG DATE OF MAY 23, 2006 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory Road may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Victory Road shall be prohibited. To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house across Mesa Way (Binford property), the applicant has volunteered to, neiabber- fB d) by m4denine the "P of their"ewav and d ;'ewaiLarea. at the developer's expense, provide off-site improvements adiacent to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "U" of their (Binford's) driveway and providing ber_ming and landscaping on the Binford's property, as allowed by the Binford's. That the applicant agrees to install temporary construction fencing around the perimeter of the subdivision. That the preferred construction traffic route to/from this development shall be from Victory Road and not Mesa Way. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Right-of-way and Street Buffers: ACHD is requiring the applicant to dedicate 35 -feet of right-of-way (measured from the centerline of the street) abutting Victory Road. In accordance with UDC Table 11-2A-4 and UDC 11-3B-7 construct a 20 -foot wide landscape buffer along Victory Road, as proposed. Pathway The applicant is proposing to construct a 10 -foot wide asphalt pathway along the south side of the Ten Mile Creek. This pathway will tie in with the pathway to the south in and through the Tuscany Development. UDC 11 -3B -12C requires a 5 -foot wide landscape strip adjacent to multi -use pathways with at least 1 deciduous tree being planted every 35 linear feet (trees may be grouped). Sidewalks and Parkways: The applicant is proposing to construct detached sidewalks with 6 -foot wide parkway strips between the curb and sidewalk. UDC 11-3A-17 requires parkways to be at least 8 -feet wide and planted with Class H trees. However, the planter width may be reduced to 6' if there are root barriers installed on the trees. The aDDhcant should either construct 8 -foot wide narkways. or 6 -foot wide Darkways with root barriers around all trees within the parkway. Landscaping: The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, L1.1 and L1.2 is approved with the following modifications/notes: Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 10 CITY OF MERIDIAN PLANN* DEPARTMENT STAFF REPORT FOR THE HOG DATE OF MAY 23, 2006 • Construct a 20 -foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Per UDC 11 -3A -17E, construct 8 -foot wide parkways, OR 6 -foot wide parkways (as proposed currently) with root barriers around all trees within the parkway. • Per UDC 11 -3G -3A, set aside 22% (4 acres) of the site for useable open space and provide a 10 -foot wide multi -use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-313-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Victory Road and Mesa Way. Except for the proposed public street, Ascaino Way, direct lot access to Victory Road should be prohibited; place a note on the final plat. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structure on the north part of the development spans across proposed lot lines, this building shall be removed or relocated, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6 -foot solid fencing along portions of the south, east and west property lines. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi- use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 11 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 014 and PP -06-012, with the conditions listed in Exhibit B of the Staff Report for the hearing date of April 6, 2006. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 1-24-06) 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 12 CITY OF MERIDIAN PLAT W DEPARTMENT STAFF REPORT FOR THE AWING DATE OF MAY 23, 2006 A. Drawings 1. Preliminary Plat (dated: 1-24-06) Exhibit A — Page 1 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE RING DATE OF MAY 23, 2006 Exhibit A — Page 3 �icAls��49 a 1. R11nn't � .i�1S T i'. CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 Exhibit A — Page 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-012) 1.1.1 The preliminary plat labeled as PLO, prepared by The Land Group, Inc., dated January 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-014) application shall also be considered conditions of the Preliminary Plat (PP -06-012). 1.1.2 The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, L1.1 and L1.2 is approved with the following modifications/notes: • Construct a 20 -foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer shall be constructed in accordance with UDC 11-3B-7. • Per UDC 11 -3A -17E, construct 8 -foot wide parkways, OR 6 -foot wide parkways (as proposed currently) with root barriers around all trees within the parkway strip. • Per UDC 11 -3G -3A, set aside 22 -0,; -(4 -ams) 13% (2.5 acres) of the site for useable open space and provide a 10 -foot wide multi -use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted, and common areas shall be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Place a note on the face of the final plat that prohibits direct lot access to Victory Road. 1.1.4 Remove the existing structure on the north part of the development that spans across the proposed lot lines for Lots 2 and 3, Block 2. All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. Exhibit B — Page 1 CITY OF MERIDIAN PLANI*DEPARTMENT STAFF REPORT FOR THE HEATE OF JANUARY 19, 2006 1.1.6 Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. 1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS PRELIMINARY PLAT (PP -06-012) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-613-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Victory Road. Since this would cause the property to flow out of shed the applicant shall do one of two options. • The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent Exhibit B — Page 2 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 sources, then this condition may be rescinded by the City Engineer. • Install a temporary lift station that discharges to the sewer mains located in Locust Grove Road. The design shall be coordinated with the Public Works. 2.2 The applicant shall install all sewer 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 Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 As part of the City of Meridian's "to and through" policy, the applicant shall install water mains in S. Mesa Way along their frontage. This is needed for redundancy of the water system. 2.5 The preliminary plat shows a portion of Lots 26, 27, and 28 being encumbered by the AE floodplain. The applicant shall revise the lots to ensure all buildable lots are out of the AE floodplain. Or, file for a LOMAR with FEMA to remove the floodplain. Or, add a note on the final plat referencing the floodplain map and those lots will have to file elevation certifications. 2.6 No water valves or manholes will be allowed in the landscape islands. If water or sewer mains are to be routed under the landscape islands then no trees shall be allowed in them. 2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If the groundwater report indicates groundwater as shallow as MTI's letter indicates a grading and drainage plan will be required, the details of which will be decided at final plat submittal and be required prior to construction plan approval. 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.10 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the houses that are going to be retained on site to municipal services. 2.11 All existing structures that do not meet setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B — Page 2 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEAM*ATE OF JANUARY 19, 2006 2.13 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 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. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.26 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit B — Page 2 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HE ATE OF JANUARY 19, 2006 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Reauirements for dead-end fire auvaratus access roads that are between 500'-750' in lei. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARSATE OF JANUARY 19, 2006 side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 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. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. Police Department 4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide a driveable surface to each of the common amenity pond areas. Coordinate the design of these areas with the Meridian Police Department, Lt. Bob Stowe. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1.1 Construct East Victory Road as one half of a 46 -foot street section with vertical curb, gutter and 5 -foot detached (or 7 -foot attached) concrete sidewalk within 35 -feet of right-of-way with parking prohibited on both sides. 7.1.2 Dedicate 35 -feet of right-of-way from centerline of East Victory Road, abutting the site. 7.1.3 Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino Avenue located approximately 177 -feet west of the southeast property line. Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEAR1*ATE OF JANUARY 19, 2006 7.1.4 Provide ACHD with the plans for the bridge crossing (South Ascnaio Way) of the Ten Mile Creek for review and approval. 7.1.5 Construct South Mesa Way as one half of a 36 -foot street section with curb, gutter and sidewalk within 25 -feet of right-of-way from centerline, where it abuts the site. 7.1.6 Construct the internal streets as 34 -foot street sections within 50 -feet of Right -of -Way, as proposed, complete with curb, gutter, planter boxes and 5 -foot detached sidewalk. 7.1.7 Construct the three islands, one turnaround and a knuckle as proposed. 7.1.8 Construct the three stub streets as proposed: o Construct a stub street to the north, South Ascaino Way, located approximately 560 -feet east of the north property line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125 - feet south of the north property line (measured property line to centerline). o Construct a stub street to the east, East Sagemoor Street, located approximately 500 -feet south of the north property line (measured property line to centerline). 7.1.9 Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the final plat. 7.1.10 Comply with all Standard Conditions of Approval. Standard Conditions ofApnroval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B — Page 2 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B — Page 2 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARSATE OF JANUARY 19, 2006 C. Legal Description THE LAND GROUP, INC FLbruacy 10, 2M Pr(4cct No. 27M I e.gal Description (,'Awla CnugkSubdiv°ision Annexafm do Rezone Area 20.16 Acnes A tract of had for annexation and .rezone purposes, being Lots 3, 4, 5 and 6, Block 1, Ib achina Estates (a recorded subdivision on file in Hook 35 of Platz, at Pages 3016 and 3017, tecords of Ada County, Idaho), and a portion of the Southeast one (ZUarrer of Sect on 19; 'Fwngh'P 3 North, Range 1 East. Boise Meeiffiia, Ada County, Idaho, described as follows: (: ),mend at 5/8 -itch steel pin monumenting the Southeast Cotter of said Section 19 on The centedine of Pi Vxctory Road, theme follow the soudledy line of said Section 19 and said ceattedine South 89°42'13" West a distance of 626.18 feet to the PONT OF GINI- ING; Thence following the southerly line of said Section 19 and said centafte, Sotto 89°42'13" West a distance of 945:2D fest to a point on the centerline of Mesa Way; Thence leaving said southerly line and said centedine, and following the centerline of said UM Way, North 00`'17'47" West a distance of 664.58 feet to a point; Thence 93.92 feet folowing the am of a circular curve to the right, said curve having a =&4 of 13538 feet, a central angle of 39m45'01", a chord bearing of North 19 °43" East and a dsc)rd distance of 92.05 feet to a point; Thence North 39°27'14" Hast a distance of 261.17 feet to a point; Thence x7.88 feet foliowzg the arc of a circular curve to the lefi, said curve having a radius of 75:00 lbet, a central angle of 44°13'10", a chord hearing of Nonni 17°28`39" Plast and a chord distance of 56.46 feet to a point on the northerly life of said Lot 6 extended weste* to said cease 9w. Thenal leaving, said centeeiine and following the northerly line of said Lot 6 South 89°24'07" East a distance of 622.03 feet to a paint worrurneutirg the Norrhem Corner of said Lot 6;. Theiace leaviurg lid anatherly rad fvliawirag the easterly line of said Lot 6, Sout1►'C19�'2dl`54" East a distance of 305.73 feet to a 1/2 -steel pin monumenxling the Southeast Cosner of said Lot k Theaee leaving sad easterly fine and following the niirthedy line of said Lot 3, ti. ,�a..lor4ds�vi.-�r•1+lAs�u, • f �•ard F,�.mrr.CK • fr,.$ i��. Tre:{,u!i94 C�` fi�r�+tx.,rJ�tf; •�dJ�io C.nti^�s^re,:sV'ludF • Sar+.��aisr� da : L �ltuzeLlmc, � ttdd 1..�Ir, teaetna K{6nCn • p df}!� �l t0.4�t41 1' 3{1t3:43'3.d Id's • �s^sceu•.tlttl;atd�t�piau .Kettle X 4 P't.nc<i� tld ..c_ A man � oda .-i;lmsn : @.crab l�iust.�e hlrt �c e.dn Exhibit C — Page 1 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARTRATE OF JANUARY 19, 2006 February 10, 2006 Page 2 of 2 North 89*3837" Fast a distance of 106.44 feet to a 1/2 -steel pin monumenting the Not beast Comer of said. Lot 3; Thence leaving said northerly line and following the cas "-y line of said Lot 3, South 0OP23'17" Fast a distance of 690.4.1 feet to the POINT OF BEGINNING. The above -de cube tract of land contains 20.16 Acres, more or less, subject to alt existing casements and right -cif -way. Attached hereto is Rxhibit "A-2" and by this reference is made a part hereof, Prepared BF. THE LAND GRoup, INc. 162 F—Shore Dove, Suite 100 V40e, Idaho 83616 'OR -9, 194041 W939-4445 (FW FEB 17 2006 :.-.rllu"puax RKS QU-Pr Air Exhibit C — Page 2 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 Exhibit C — Page 3 5 9 a 0 s g X16- Z 0 Wy Ir ;QcBW X mpm �gU zit C1 U CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARSATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). The R4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoningof f�property to R4 would be in the best interest of the City. if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR*ATE OF JANUARY 19, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fording. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Creek is a natural, scenic feature that should be preserved when this property develops. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ten Mile Creek is protected and enhanced, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 s June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 0 AZ 06-005 APPLICANT Sea 2 Sea, LLC ITEM NO. 5-L REQUEST Findings: Request for Annexation & Zoning of 58.56 acres from RR to R-4(32.86 a< TN -C (14.54 acres) and C -C (11.16) zones for Knight Sky Estates Subdivision — NW Comer of Chinden Boulevard and N. Under Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Aftached FIndinps k4AOV� r((L6k), ex Date: Phone: UA,tl (Zla St ff Initials: at"e, Materials preseMed at public meefbw shall become properly of the cny of Meddiam • JUN 01 2006 1 City Of Meridian City Clerk Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 58.83 acres from RR to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(18.75 acres) and C -C (Community Business)(6.95acres) AND Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres, for Knight Sky Estates Subdivision, by Sea 2 Sea, LLC. Case No(s).: AZ -06-005 and PP -06-004 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 1 of 4 • 0 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 23, 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 dated January 3, 2006 (revised April 5, 2006) by Toothman-Orton Engineering Company, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. To construct a 6 -foot tall solid fence around the perimeter of the subdivision, prior to house construction; 2. Regarding the temporary sewer lift station, the applicant shall either provide an easement or move the lift station to insure that it doesn't dead end. Further, the homeowners association shall own and operate said lift station. And, third, coordinate with the Public Works Department an acceptable assurance for abandonment of that lift station and the pressure sewer that goes along with it; and, 3. To construct gateway signage near the corner of Linder Road and Chinden Boulevard, in coordination with the Gateway Committee. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 2 of 4 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 fled. 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 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 3 of 4 t� By action of the City Council at its regular meeting held on the day of 777, a 2006. COUNCIL MEMBER SHAUN WARDLE VOTED�a.. COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED 7 VOTED VOTED VOTED Attest: William G. Berg, Jr., City erk 15, ii oaa Copy served upon Applicant, The Planning Dept, Public Works Department and City Attorney. By: , M Q 4 1j Dated: U •C1 low City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ANG DATE OF MAY 23, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 5/23/2006 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 iF�+e Knight Sky Estates Subdivision AZ -06-005 Annexation and Zoning of 58.56 acres from RR to R4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(14.54 acres) and C -C (Community Business)(1 1. 16 acres). PP -06-004 Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning of 58.56 acres to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres), and Preliminary Plat approval of 126 residential building lots, 7 commercial building lots, and 26 common lots on 55.83 acres. The site is located on the northwest corner of the intersection of Chinden Boulevard and Linder Road. There is an existing home and associated out buildings on this site near Linder Road. The rest of the site is currently vacant and being used for agricultural purposes. A majority of this site is Lot 1, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP as well as a private street application) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. Staff is recommending approval of the proposed Knight Sky Estates Subdivision (AZ -06-005 and PP -06-004) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zonina Cnmmiccinn board the item nn recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant's representative), Bryan Martin (Applicant's Engineer) ii. In opposition: Alan Ward, Larry Woodard, Foad Rothani (aka — Jack Smith), Brad Larsen, Ken Mallea, Tom Holloway, Lydia Aguirre. iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 1 CITY OF MERIDIAN PLANNIIvZ'r DEPARTMENT STAFF REPORT FOR THE HING DATE OF MAY 23, 2006 i. Density; ii. Traffic; iii. Sewerability and decommissioning the proposed temporary lift station; and iv. Irrigation water service to Brandt Subdivision. c. Key Commission Changes to Staff Recommendation: i. Deleted requirement for a stub street to the north (5 -acre lot in Almaden Subdivision). NOTE: At the April 6`h public hearing the Applicant's representative, Shawn Nickel, offered to construct a 6 -foot tall solid fence along the entire boundary of the subdivision. He also offered to provide irrigation water to the homeowners in Brandt Subdivision. In addition to the Commission changes, staff has included these offerings of the Applicant in Exhibit B. d. Outstanding Issue(s) for City Council: i. Clarification on how irrigation water will be provided to the Brandt Subdivision homeowners (see Condition 1.1.15 in Exhibit B). ii. The applicant has submitted a revised preliminary plat (dated April 5, 2006) which incorporates most of the changes required by staff and the Commission. However, the revised preliminary plat has a net gain of three residential lots. Staff recommends that the Council approve the revised preliminary plat, with the provision that a maximum of 126 residential lots be allowed. Staff further recommends that one of the townhouse groupings that contain four dwellings be platted as one large lot and re -subdivided into four new lots in the future. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -005 and PP -06-004 as presented in the staff report for the hearing date of May 23, 2006, and the preliminary plat labeled Sheet 1 of 1, dated January 3, 2006 (revised„ -1 27 06 April 5, 2006) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 005 and PP -06-004 as presented in the staff report for the hearing date of May 23, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ - 06 -005 and PP -06-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of the Chinden Boulevard/Linder Road intersection / 4N1 W23 i81WOM Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HERING DATE OF MAY 23, 2006 c. Applicant: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 d. Representative: Shawn Nickel, SLN Planning Inc. e. Present Zoning: RR f. Comprehensive Plan Designation: Mixed Use (along Chinden) and Medium Density Residential (remainder) g. Description of Applicant's Request: The applicant is requesting approval of a 159 -lot mixed- use development that includes 126 single-family residential buildable lots, 7 commercial lots and 26 common lots on 58.56 acres. The applicant is proposing three zones: R-4 (Low Density Residential)(32.86 acres); TN -C (Traditional Neighborhood Center)(14.54 acres); and C -C (Community Business)(1 1. 16 acres). All of the proposed lots conform to the dimensional standards of the requested zone. The average residential lot size in the proposed development is 8,200 square feet. The gross density of Knight Sky Estates is 2.26 dwelling units per acre. Approximately 16% (9.1 acres) is being set aside for open space; 6.2% of the open space is considered useable, the rest of the open space is either used for street buffers or drainage areas. 1. Date of preliminary plat (attached in Exhibit A): 1/3/06 (Revised 1/27/06) 2. Date of landscape plan (attached in Exhibit A): 1/4/06 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan (see applicant's submittal letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 13 and 27, 2006 (for Planning & Zoning Commission hearing) and May 1 and May 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for Planning & Zoning Commission hearing) and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: February 20, 2006 (for Planning & Zoning Commission hearing) and May 13, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is an existing home and some out buildings on this site. The rest of the subject property is currently vacant and is being farmed. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 3 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HING DATE OF MAY 23, 2006 b. Description of Character of Surrounding Area: There are five -acre lots in Almaden Subdivision to the north. Spurwing Country Club is to the west. Brandt Subdivision, with one - acre lots is to the east. To the south is Lochsa Falls Subdivision, and the proposed Knight Hill commercial development. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential on five -acre lots, Almaden Subdivision, zoned RR (Ada County) 2. East: one -acre lots in Brandt Subdivision, zoned RR (Ada County); Linder Road 3. South: Lochsa Falls Subdivision commercial, zoned R-4 (PD for commercial uses); Vacant ten -acres, proposed Knight Hill commercial development 4. West: Spurwing Subdivision clubhouse and driving range, zoned RR (Ada County); vacant three acre parcel, zoned RR (Ada County) d. History of Previous Actions: The City is currently in the process of amending its Area of City Impact to include the subject area. The Comprehensive Plan Map Amendment application, to add this area to the Future Land Use Map, was approved by the City Council on March 7, 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service is being proposed via a temporary lift station that will discharge to sewer mains located in N. Long Lake Way. Location of water: The closest City of Meridian water mains are located in Lochsa Falls Subdivision across Chinden from this property. However the City of Meridian and United Water are currently in negotiations that would allow United Water to serve this parcel. Issues or concerns: The need for an easement through the out -parcel in the northwest corner to facilitate decommissioning the lift station in the future. Administrative issues pertaining to United Water serving this development. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: Any open canals or ditches that cross the subject site should be piped (see Exhibit B). 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: Existing RR (Ada County) to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(14.54 acres) and C -C (Community Business)(1 1. 16 acres). 6. Size of Property: 58.56 acres f. Subdivision Plat Information: 1. Residential Lots: 126 2. Non-residential Lots: 7 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE RING DATE OF MAY 23, 2006 3. Total Building Lots: 4. Common Lots: 26 5. Other Lots: 0 6. Total Lots: 159 7. Gross Density: g. Landscaping 133 2.26 units per acre (net 3.1 d.u./acre) 1. Width of street buffer(s): A 35 -foot wide street buffer is required along Chinden Boulevard, a designated entryway corridor (UDC 11-2B-3 & UDC 11-2D-2). A 25 - foot wide street buffer is required along Linder Road, an arterial street (UDC 11-2B- 3). A 10 -foot wide landscape buffer is required along Knights Park Drive where it is adjacent to the proposed TN -C and C -C commercial lots (UDC 11-2B-3). Street buffers are not required adjacent to the other internal streets. 2. Width of buffer(s) between land uses: The applicant is not proposing to construct any landscape buffers between proposed TN -C and C -C zoned lots. A 50 -foot wide amenity pond is proposed between the residential and commercial areas. 3. Percentage of site as open space: For the Knight Sky Estates development, over 16% of the site is being set aside for open space; 9.1 acres/16.3% (including street buffers) and 3.5 acres/6.2% (excluding street buffers) of the subject 55.83 acres (excludes right-of-way) is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Landscaping adjacent to any roadway with detached sidewalks shall comply with UDC 11-3A-17. h. Amenities: Water fall, clubhouse, ponds, park, cobbled entries, open space. i. Off -Street Parking: UDC 11 -3C -6A requires single-family detached dwellings and townhouses with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11 -3C -6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential and Commercial Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage (garage facing street) 60 60 Lot Size (garage facing street) 8,000 8,000 TN -C There are no established lot size, setback, or lot frontage requirements in the TN -C Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 5 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE ARING DATE OF MAY 23, 2006 zone. The maximum building height is 45 feet; the minimum number of stories is 2; and the maximum building footprint is 20,000 square feet. C -C Setbacks (in feet) Proposed Required Front 20 20 Interior Side Rear D 25 25 Maximum Building Height 35 35 k. Summary of Proposed Streets and/or Access: The applicant is proposing one access to Chinden Boulevard, a state highway. This proposed access is located at the %Z mile and aligns with Long Lake Way in Lochsa Falls Subdivision to the south. This public street access (Knights Park Drive) to Chinden Boulevard loops around to connect with Linder Road. The applicant is not proposing any additional access points to Chinden Boulevard or Linder Road. There are private streets, a public street to the proposed R4 lots, commercial driveways and a common driveway proposed from Knights Park Drive. The internal public and private streets are proposed with 33 -foot wide street sections (measured back -of -curb to back -of -curb) with 5 -foot wide attached sidewalks. Staff is generally supportive of the proposed street system. NOTE: Nearby property owners have expressed concern about the proposed Knights Park Drive access to Linder Road. ACHD has provided the City with detailed analysis and conditions for this project. ACHD has required some changes to the proposed plat. The first change requires the applicant to provide access to Chinden Boulevard via the proposed Knights Park Drive. The second change requires the applicant to construct a stub street to the three -acre parcel to the northwest. The ACHD has approved the location of Knights Park Drive where it intersects Linder Road. Please see ACHD's conditions in Exhibit B. 7. COMMENTS MEETING On February 10, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Community" and "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use 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 Mixed Use — Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed Preliminary Plat includes 126 single-family lots for a gross density of 2.26 dwelling units/acre. Although the overall density is at 2.26 dwelling units per acre, the proposed R-4 area has a density of 3.1 dwelling units per acre, meeting the anticipated density range for this area. NOTE: Staff has been in contact with Eagle City Staff regarding their future plans for the area to the north and east of this project. Based on the conversation with Eagle City Staff and the policies and goals contained within the Rim View Planning Area section of Eagle's Western Area Plan, staff believes that the subject development Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 6 CITY OF MERIDIAN PLANN G DEPARTMENT STAFF REPORT FOR THE HIRING DATE OF MAY 23, 2006 complies with both Cities' plans, if the applicant complies with the conditions listed in Exhibit B. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (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 establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner. Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department/United Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 - Permit new commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. This development is currently not serviceable by gravity means. Permanent sewer service for this development will be via the future North Black Cat lift station, this site will temporarily lift sewer to mains in Lochsa Falls Subdivision. City of Meridian municipal water is currently not available to this site. The City of Meridian and United Water are currently in negotiations that would allow United Water to provide water service to this parcel. Solid waste and other services can be provided to this property. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 7 CITY OF MERIDIAN PLANAR DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three -acre parcel to the northwest. According to Eagle's Western Area Plan, the existing five -acre parcels to the north are eligible to re -develop with one -acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Staff believes that a stub to either the Aguirre or Petty property should be provided. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development, when those five -acre parcels re -develop. See Analysis below and Exhibit B. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide attached sidewalks adjacent to the internal streets and on one side of the proposed common driveway. The applicant is also proposing to construct micro paths tofrom the proposed commercial lots to the east. NOTE: Staff is recommending that the applicant provide a stub street to the north. Once this stub street is extended, pedestrian access via sidewalks will link the existing Almaden Acres Subdivision to the north and the proposed development. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to Linder Road (Knights Park Drive) and one public street access to Chinden Boulevard (Long Lake Way). Direct lot access to Linder Road and Chinden Boulevard should be prohibited. Chapter VII, Goal 1, Objective B - Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 12 -acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses. Staff believes that the future commercial and retail sites in this plat will add to the variety of non-residential uses within the City's Area of Impact. Staff is generally supportive of some commercial uses in this area. Please see Analysis below. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 8 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOWNG DATE OF MAY 23, 2006 The applicant is proposing a 50 foot wide common lot between the proposed townhouse lots and the future office/commercial TN -C zoned lot to the east. Some of the adjacent property owners have expressed concern over the smaller R-4 lots and the commercial lots. The UDC does not require any buffering between single-family uses. Further, the UDC does not require any buffering between commercial uses and residential uses, if they are separated by a public street. If landscaping is constructed in accordance with the UDC, staff finds that the proposed (internal) residential and commercial uses should be compatible with each other. The Commission and Council should rely on any public testimony provided when determining if this development is compatible with the uses on the adjacent parcels. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses adjacent to this property. Staff believes that the locations of the proposed zones and the lot layout are generally appropriate as the larger lots will primarily be on the north side of the development, and the higher density will be nearer Chinden Boulevard, a major arterial street. However, to further ensure a transition from the five -acre parcels to the north sta f recommends that at least one of the lots in the northwest corner o the development be removed To provide a better transition between the subject development and the five -acre lots to the north staff recommends that all _f the perimeter lots between Lot 18 and Lot 32 Block 7 maintain at least a 15, 000 square foot lot size. If the preliminary plat is amended as proposed by staff, the proposed development should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: "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, page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (see Analysis below). Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-2A-2) lists single-family detached homes as permitted uses in the R-4 zoning district. Meridian City Code (Table 11- 2D-1) lists attached single family dwellings as permitted uses in the TN -C zone, while several other non-residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN -C zone. Please see Meridian City Code (Table 11-2B-2) for a list of permitted, conditional, accessory, and prohibited uses in the C -C zone. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE SING DATE OF MAY 23, 2006 b. Purpose Statement of Zones: R-4 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. TN -C: The purpose of the TN -C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN -C is pedestrian -oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN -C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi -public uses, churches, and attached and multi -family dwellings. C -C: The purpose of the Commercial District 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. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4, TN -C and C -C zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning Application: Based on the Comprehensive Plan and the recently adopted Future Land Use Map, staff believes that the requested zones are appropriate for this property. However, staff believes that the proportion of the IN -C and C -C zoning_ proposed does not comply with the purpose statements of said zones or the Comprehensive Plan. Further, because of the existing one -acre residences to the north, staff recommends that less -intense zoning (TN -C) be approved for Lots 5-7, Block 1. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. Legal Descriptions: The annexation legal description and the rezone legal descriptions submitted with the application (stamped on December 26, 2005, January 12, 2006, and June 1, 2006 by Jeffrey H. McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to annexation, staff recommends that a new legal description be filed with the City that includes Lots 5-7 Block 1, being zoned to TN -C, and Lots 1, 3 and 4, Block 1, being zoned to C -C. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Because the applicant has not submitted elevations or a list of uses that may be built in the commercial area (TN -C and C -C areas) of this development, and to ensure that this Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 10 CITY OF MERIDIAN PLANNIRG DEPARTMENT STAFF REPORT FOR THE HWNG DATE OF MAY 23, 2006 project builds out consistent with the Comprehensive Plan, staff recommends that the applicant enter into a Development Agreement with the City. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888- 4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Knight Sky Estates as follows: 1. That all future development 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. That all future development of the TN -C and C -C zoned lots be subject to Design Review approval, and that all TN -C lots contain structures that are at least two -stories tall. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 9. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 10. That a maximum of 125 single-family residential dwellings be allowed on the subject property. 11. Prior to signature on the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20 -foot wide sanitary sewer easement through the out -parcel located in the northwest corner (indicated on the preliminary plat to be R1065270110) of this development or move the lift station to insure that it does not dead end (coordinate with the Public Works Department). Coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the lift station and the pressure sewer that goes along with it when gravity sewer becomes available to this site. The Homeowners Association shall own and operate said lift station. The costs of decommissioning the lift station shall be borne by the developer and not the future Homeowners Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 11 CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HORING DATE OF MAY 23, 2006 Association. 12. That the applicant has volunteered to construct gateway signage near the corner of Linder Road and Chinden Boulevard, in accordance with the Gateway Committee's standards. 2. Preliminary Plat and Private Street Applications: Staff believes that the proposed preliminary plat and private streets substantially complies with the Zoning Ordinance. Special Considerations: Development Along State Highways: The applicant is proposing one access to State Highway 20-26 (Chinden Boulevard). Staff is supportive of this proposal as it aligns with Long Lake Way across Chinden and is located at the''/2 mile (UDC 11 -3H -4B2). The applicant should acquire a permit from TTD for this proposed access (UDC 11- 3H -4C1). The applicant is proposing a public street, Knights Park Drive, that generally parallels the highway and provides access to properties fronting the highway (UDC 11 -3H -4B3). The applicant should be required to construct noise abatement in compliance with UDC 11-3H4D and TTD's design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with PTD's requirements, to allow for future highway expansion (100 -feet from centerline proposed). A note should be placed on the face of the plat restricting direct lot access to Chinden Boulevard. Knights Park Drive: The applicant is proposing to construct a local commercial street, Knights Park Drive, that will connect Linder Road to Chinden Boulevard. Staff has been contacted by neighbors in Brandt Subdivision that are concerned about the location of Knights Park Drive. ACHD has recommended that Knights Park Drive intersect Linder Road as proposed by the applicant. Staff recommends that the Commission take into account any public testimony that may be provided regarding the location and design of Knights Park Drive, as it does come fairly close to the back side of the adjacent 1 -acre properties. The applicant is proposing to construct detached sidewalks with 6 -foot wide parkway strips between the curb and sidewalk along Knights Park Drive. UDC 11-3A-17 requires parkways to be at least eight feet wide and planted with Class II trees. However, the planter width may be reduced to six feet if there are root barriers installed on the trees. The applicant should either construct eight -foot wide parkways, or six-foot wide parkways with root barriers around all trees within the parkway. Because the applicant is proposing to limit access points to Knights Sky Drive, the applicant should provide a cross parking/cross access agreement for all of the TN -C and C -C zoned lots within the subdivision to use the driveways and parking aisles. Private Street: The applicant has submitted a private street application, proposing to construct two private streets in this development. Staff is generally supportive of the private streets for the mew lots, but not for Lots 29-32, Block 1 as they do not "front" on a mew as the other private street townhouse lots do (see required findings in Exhibit D below). The applicant should either modify the1p at by ensuring that all lots that take access to a private street also have frontage on a mew (common open §Pace that is at least 50 -feet wide) or dedicate W Castle Canyon Lane as a Public street The applicant is proposing to construct the private streets with a 33 -foot wide street section (measured back of curbs) and sidewalks on both sides, within a 43 -foot wide Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 12 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 easement. Gates are prohibited on private streets (UDC 11 -3F -4A4). Prior to signature of the final plat, the applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11 -3F -3B4). The private street easements shall be depicted on the face of the final plat(s) (UDC 11 -3F -3B3). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. Common Driveways: The applicant is proposing to use a common driveway for Lots 33-36, Block 1. Staff is generally supportive of the common driveway proposal. However, rather than flagging the buildable lots through the amenity pond, at least 10 - feet of frontage for each lot should be provided using the common driveway easement (make the lots flag at a 90 -degree angle to Knights Park Drive). UDC 11 -6C -3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the adjacent sidewalk. Further, UDC 11-3C-6 requires every single-family detached dwelling to have a two - car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All of the lots adjacent to the common driveway should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Comply with all common driveway provisions listed in UDC 11 -6C -3D. Lots 23 and 28. Block 7: The applicant is proposing to create an irrigation easement that encroaches into buildable Lots 23 and 28, Block 7. Staff recommends that these lots be reconfigured to remove the easement from being within the buildable lots. Stub Streets: The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three -acre parcel to the northwest. The ACHD is also requiring the applicant to provide access to the Chinden access, to the 13 -acre parcel to the west. Staff believes that a stub to either the Aguirre or Petty property to the north should be provided as well. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development. According to Eagle's Western Area Plan, the existing five -acre parcels to the north are eligible to re -develop with one -acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Densi : As mentioned earlier in the report there are existing rural size lots to the north and east of this site. To better transition from the five -acre lots to the north, staff recommends that at least one of the lots in the northwest corner of the development be removed. To provide a better transition between the subject development and the 5 - acre lots to the north, staff recommends that all of the perimeter lots between Lot 18 and Lot 32, Block 7, maintain at least a 15,000 square -foot lot size. Micro- au ths: The applicant is proposing to construct several micro -paths within this development. The micro -paths on Lots 1 and 42, Block 7, also serve as emergency access for emergency service providers. Therefore, the micro-paths/emergency access on Lots 1 and 42, Block 7, shall be improved with either grass-crete or asphalt at least 20 -feet wide and constructed in accordance with the Meridian Fire Department's Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 13 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HERING DATE OF MAY 23, 2006 requirements. All other micro -paths shall be constructed in accordance with UDC 11- 3A-8. Landscaping adjacent to all micro -paths should comply with UDC 11-3B. Amenities/Open Space: UDC 11-3G requires common open space and site amenities for developments of five acres or more. The applicant is proposing to set aside approximately 3.5 acres of common open space. Several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds are proposed within this development. Staff believes that the applicant has provided enough open space and amenities to comply with the UDC. However, details of the water features and the clubhouse are not provided on the landscape plan. Staff has concerns over stagnant water and these water features and ponds becoming mosquito breeding grounds. Therefore, staff requests that the applicant describe, at the public hearing, how the amenity ponds and clubhouse will be constructed, how the ponds will not become a nuisance for nearbX property owners, and what the clubhouse and ponds will look like. Landscaping_ The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes: • Provide a 35 -foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25 -foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10 -foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN -C and C -C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-3B-7C2b). All street buffers shall be designed in accordance with UDC 11- 3B-7. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro -paths. • Provide detailed pictures and/or drawings of how each water feature will be constructed. • Provide detailed elevations and/or pictures of how the clubhouse will look. • Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look. • Provide amenities and open space as proposed; 3.5 acres of common open space, several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The applicant is proposing to construct a six-foot wooden fence around the residential portion of this project. A mix of four -foot tall open -vision and solid fencing is proposed adjacent to micro -paths and interior common spaces. A detailed fencing Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 14 CITY OF MERIDIAN PLANN117G DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF MAY 23, 2006 plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. Almaden Acres & Brandt Subdivisions: Staff has received several letters from adjacent neighbors in Almaden Acres Subdivision to the north, and has talked with others in Brandt Subdivision to the north and east. The neighbors' main concerns appear to be: the location and design of Knights Sky Drive; the 25 -foot wide grass strip along the northern border of the project, and this becoming a nuisance; density; and a request for a six-foot tall vinyl fence along the northern boundary of the project. Staff recommends that the Commission review all letters received by the City regarding this project. Common Areas: Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Associations. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with the entity providing water service to allow a single -point connection to the culinary water system. If a single -point connection to the City of Meridian's water line is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 005 and PP -06-004, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Anri16, 2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06 & 4-5-06) 2. Landscape Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Zoning Ordinance Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 A. Drawings I. Preliminary Plat (dated: 1-3-06, Revised 1-27-06 & 4-5-06) Exhibit A — Page ] CITY OF MERIDIAN PLAN*DEPARTMENT STAFF REPORT FOR THE HEA G DATE OF MAY 23, 2006 2. Landscape Plan (dated 1-4-06) Exhibit A — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF MAY 23, 2006 NVId 3dV0S(1N%n.LVld AWNIA113 tj, z I U,GPUIqO PUB J8PUrl 10 ISUM3 ISOM41JON ro UMV17 IIf 8Al V7 UAWY6 Exhibit A - Page 3 iy Yom_.. _ _ ....._ :7 �! � N r) it Is CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Y m #f Nbld ddVOSCINV I lV ld AdtlNIW113'Id uepul43 pue Japun 10 Jawoo Ise, 4lmN is '.• -- a 9 � .��^� � `` , ....3 I j -mer.-.-^, t ..i.. _ I r..; I 4 r B•t b%li F'I �9 S' 4 ( P rp{` g 471 I loY lzt 5 .m 7 y� � ♦Yat .w aa+=' �gygf F.� 'pg�� S a Exhibit A — Page 4 CITY OF MERIDIAN PLANNIP DEPARTMENT STAFF REPORT FOR THE HFAING DATE OF MAY 23, 2006 Nu� ut ue ra u o taw ISUoN -�Poll 4 i,; .. awtrcm°t°ndiarrs�w � NV -1d 3d'�lOS®tom J.'dldJl2i�a`ni1Wl"13�Id P UJ P P nb of q u IN z 49 Ott i � E a 4 i Bi a ��Y i'_'..: �--! .FC •�'4**.. fav 'o; sYl x tY ui t w K Exhibit A — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-004) 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering Company, dated January 3, 2006 (revised 1-27-06 & 4-5-06) is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-005) application shall also be considered conditions of the Preliminary Plat (PP -06-004). No more than 126 residential lots are approved with this plat. 1.1.2 The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes: • Provide a 35 -foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25 -foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10 -foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN -C and C -C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-3B- 7C2b). All street buffers shall be designed in accordance with UDC 11-3B-7. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro -paths. • Provide detailed pictures and/or drawings of how each water feature will be constructed. • Provide detailed elevations and/or pictures of how the clubhouse will look. • Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look. • Provide amenities and open space as proposed; 3.5 acres of common open space, several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The applicant shall acquire a permit from TTD for the proposed public street access to Chinden Boulevard. Construct noise abatement in compliance with UDC 11 -3H -4D and LTD's design requirements adjacent to the residential uses on Chinden Boulevard. Dedicate right-of-way, in accordance with IM's requirements, to allow for future highway expansion (100 -feet from centerline proposed). Exhibit B — Page I CITY OF MERIDIAN PLANNIDDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 1.1.4 The applicant shall construct a public street (Knights Park Drive) that connects Linder Road to Chinden Boulevard, as proposed. The applicant shall either construct 8 -foot wide parkways, or 6 - foot wide parkways with root barriers around all trees within any parkways with detached sidewalks. Direct lot access to Knights Park Drive shall be restricted as proposed; provide a cross parking/cross access agreement for all of the TN -C and C -C commercial lots within the subdivision to use the driveways and parking aisles. 1.1.5 Either modify the plat by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50 -feet wide), or dedicate W. Castle Canyon Lane as a public street. Construct any and all private streets for the mew/townhouse lots, with 33 -foot wide street sections (measured back of curbs) and sidewalks on both sides, within a 43 -foot wide easement. Gates shall be prohibited on private streets. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private street easements shall be depicted on the face of the final plat(s). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3174. 1.1.6 Construct a common driveway for Lots 33-36, Block 1. Provide at least 10 -feet of frontage for each lot using the common driveway easement (make the lots flag at a 90 -degree angle to Knights Park Drive). All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks, building envelopes, and orientation of the lots and structures that use the common driveway on the face of the final plat. Provide a two -car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11 -6C -3D. 1.1.7 Reconfigure Lots 23 and 28, Block 7, to remove the irrigation easement from being within the buildable lots. 1.1.8 Pr-ei4de a publie stub stfeet to eidiff the Aguiffe eT- Pe4y pmpei4y te the aoAh. This w411 allew4he lots wi&n AJmadea Ar.,Fes—aeeess to Chinden Betrlevafd and the sed eenwatmi* 1.1.9 Remove at least one of the lots in the northwest corner of the development. All of the perimeter lots between Lot 18 and Lot 32, Block 7, shall maintain at least a 15,000 square foot lot size. 1.1.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.11 The micro -paths on Lots 1 and 42, Block 7, shall also serve as emergency access for emergency service providers. The micro-paths/emergency access on Lots 1 and 42, Block 7, shall be constructed with grass-crete, or asphalt at least 20 -feet wide, in accordance with the Meridian Fire Department's requirements. All other micro -paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro -paths, including Lots 1 and 42, Block 7, shall comply with UDC 11-3B. 1.1.12 Provide a 6 -foot tall solid fence along the entire boundary of this development, as proposed A detailed fencing plan should be submitted upon application of the final plat. If permanent Exhibit B - Page 2 CITY OF MERIDIAN PLANNI� G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro - path fencing shall be designed according to UDC 11-3A-7. 1.1.13 Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Association. 1.1.14 Place a note on the face of the final plat(s), stating that direct lot access to Chinden Boulevard and Linder Road is prohibited. 1.1.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Provide irrigation water to the Brandt Subdivision homeowners where they want it to be delivered, as proposed. 1.1.16 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.17 Prior to recordation of an annexation and zoning ordinance, provide revised legal descriptions for the TN -C and C -C zones, as described in the Development Agreement. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances, unless otherwise deemed an amenity. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B — Page 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAONG DATE OF MARCH 2, 2006 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via a temporary lift station that will discharge sewer to mains in N. Long Lake Way. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer manholes shall be allowed in the landscape islands in the cul-de-sacs. If sewer mains are to be routed under the landscape islands in the cul-de-sacs then no trees shall be allowed in the landscape island. 2.3 Water service to this site is being proposed via extension of United Water mains located near to this site. If negotiations between the City of Meridian and United Water do not include United Water providing service to this property then the applicant shall be responsible for extending City of Meridian water mains to and through this development. The applicant would coordinate main size and routing with the Public Works Department. 2.4 Provide a 20' easement for all public sewer mains outside of the public right of way. The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. If the water system is to be via extension of the City of Meridian's system then this condition shall apply to water mains as well. 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 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. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with jurisdiction providing water service to allow a single -point connection to the culinary water system. If a single -point connection to a City of Meridian water main is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that details who will own the private streets and how they will be maintained. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Exhibit B — Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 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. 2.11 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. 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 by the entity having jurisdiction over it, 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights 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. Exhibit B — Page 5 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HANG DATE OF MARCH 2, 2006 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. A turnaround will be required if the length of the common driveway exceeds 150 feet. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". NO parking will be allowed around the parking in the cul-de-sacs. 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than '/z the diagonal measurement of the full development. The applicant shall provide access via the two micro -paths from Knights Park Drive to the north. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than Exhibit B — Page 6 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HE�NG DATE OF MARCH 2, 2006 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 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. 3.15 The proposed 126 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 365 residents at build out. 3.16 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.17 Provide a Knox box entry system for the complex prior to occupancy. 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.22 There shall be a fire hydrant within 100' of all Fire Department connections. 3.23 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.24 Pool chemicals shall be stored in compliance with the International Fire Code. 3.25 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.26 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 Exhibit B — Page 7 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 4.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed 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. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County Highway District 7.1 Dedicate a total of 60 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. NOTE: The right-of-way will taper beyond the intersection to the north. The applicant shall coordinate the taper length and total right-of-way needs with Development Review staff. 7.2 Construct a 5 -foot detached concrete sidewalk abutting the site on Linder Road located a minimum of 53 -feet from the centerline of the roadway. 7.3 Comply with the requirements of the Idaho Transportation Department for right-of-way, access, and improvements to Chinden Boulevard (US 20/26). All signal modifications including relocation of utilities and irrigation at the intersection of Long Lake Way and Chinden Boulevard, will be the responsibility of this applicant. 7.4 Construct Knights Park Drive, the frontage road paralleling Chinden Boulevard, as a 40 -foot commercial street section with vertical curb, gutter, and 5 -foot detached sidewalks. Provide a minimum 21 -foot street section on each side of the proposed center islands. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Exhibit B — Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 7.5 Construct the internal residential roadways as 33 -foot street sections (or 34 -feet if required by the Meridian Fire Department) with rolled curb, gutter, and 5 -foot concrete sidewalks. The applicant shall obtain Fire Department approval for the reduced street width. 7.6 Construct the proposed private streets in accordance with the standards set forth by the City of Meridian. The private streets shall be required to meet the minimum offset standard of 125 -feet centerline to centerline at their intersections with the public street system. 7.7 Construct a local stub street to the 2.99 -acre out -parcel that is currently undeveloped and is located at the northwest corner of the development. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.8 Construct a stub street to the Spurwing property to the west. This stub street shoall intersect the entrance road, Long Lake Way, without changing the current configuration of that entrance road. 7.9 Construct the entrance road on Linder Road, Knights Park Drive, approximately 550 -feet north of Chinden Boulevard (centerline to centerline). Construct a left turn bay on Linder Road for vehicles entering the site at Knights Park Drive, in accordance with the submitted Traffic Impact Study. The curb radii shall be 30 feet or greater to accommodate right turning traffic at the site entrance. 7.10 Locate the commercial driveways along Knights Park Drive, at the shared property lines of the commercial lots, as proposed. The driveways are restricted to a maximum width of 36 -feet. 7.11 Construct the residential turnarounds to provide a minimum turning radius of 45 -feet. Provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. The applicant shall coordinate with District Development Review and Traffic Services staff on the design of the parking within the center islands within the turnarounds. 7.12 Vacate or exchange the 25 -foot wide un -opened roadway easement along the site's north property line through a separate public hearing process. 7.13 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 7.14 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 9 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Settlers' Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral (40' easement), and the Almaden Lateral. Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved the SID Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B —Page 10 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 C. Annexation and Zoning Legal Descriptions TOOTHMAN-ORTON ENGINEERING COMPANY CONWLYING LNGNMS, SURNWORS ANT) 01 AMM Project- 0087 L),Ilt: January II, 2G06 PaLIE: I 9777 MNDEN BOULEVARD ROM', IDAHO A3714,2008 708-323-2288 - FAX 208-321-2394 EXHIBIT "A" Total Rezone Area - Description A parcel of land situated in the South U-7 of the Southeast Quarter of Section 23. Township 4 Nonh. Range I West, Boise Meridian: being a portion of Lot 1. Block I Brandt Subdivision. recorded in Book 1-9 of Plats. Pages 57855-5786, record of Ada County, Idaho; and all of that parcel of land as shown on Record of Survey Instrument No. 94079392, Records of Ada County, Idaho- being more particularly described as follows: BEGr"TMNG at found aluminum cap, marking the comer carnmon IQ Sections 23. 24.25 and 26. Township 4 North. Range I West, Boise Meridian: from which a found aluminum cap. marking the 1,14 comer common to Sections 23 and 26 bears N.99038'47"W_ 2629.97 feet; thence. along the section line common to said Sections 23 Ind 24, I i 5-00-54'56'?W.. 0.10 feet to a point on a curve in the centerline of W, Chinden Boulevard, thence. 2) Northwesterly along said curve. having a radius a[ 34.1,77,48 feet, an arc length of 80-89 feet, through a central angle of W*08*05". and a chord bearing and distance of 3N,89*3T44­W,. 80-89 feet to a point of tangency on the section line common to said Sections 23 and 26; thence, along said section tine. 3) N.89*38'47'*W.. 2516.07 feet to a point on the southerly extension of the westerly line of said Lot k thence, along said southerly extertsion and said westerly line of Lot 1. 41 N.00'27'179'*E.. 841.06 fect to a point, marking the southwesterly comer of a parcel of land described in Deed Instrument No. 10 1 128387::hcnce. along the ;vutherl-v and westerly I ines of said parcel. the following courses: 3) 43**E_ 2721.00 reet to point: thence. 6i N.00"17'09"E., 480.00 feet to a point on the northerly line of said Lot 1; thence. along said norihcrl,, line. It Pfllo SSA%' Yj-a .l --OT U RYLZ'_)"i-iX*,A Z,. 1301SE - COEUR d'AL-ENE - C-kI_J)WEU Exhibit C —Page 1 CITY OF MERIDIAN PLANNVDEPARTMENT STAFF REPORT FOR THE HEARI0 NG DATE OF MARCH 2, 2006 N 1'OOTHMAN-GORTON ENGINKF-RUNG COMPANY 1'roJect. 05087 Datc- Januan 12. ='006 pa-ue: 2 of 2 73 S.89"41'45'"E.. 139;.14 ft -et to a found 12" rebar with plastic cap. marking Block I Brandt Subdi), ision, therce, along the v% esict-1% line of Lots 6 t4rough 10. Block, I of said Brand! Subdivision. 8) S-(JT48'-`3'-\V- 90-1,941 feel to -a point.: thence, along the southerly hne of said Lot 6and the soutjjerlt line of Lot S. Block I of said Brandt Subdivision. 9., 441,26 teet to a point: Thence_ along the easterly line of said Lot i, 101N.110'47 -29"E., 196.40 feet to a point; thence. along the southerly line of Lots 2 and 3. Block I of said Brandt Subdivision. 11) S.89'12, FT., 498.61 feet to the centeribie of N. Linder Road: thence alone said centerline. 12) S.00'4 7 -29"W- 605.00 feet to the POINT OF BEGINNING coNrewNiNG 58.56 acres. more carless. SUBJECT TO all Covenants. Rights, Rightsof-Way, Easements of Record and any Encumbrances. Exhibit C — Page 2 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Ell N z I avo4y a7am CQ A-1 CJS r7 9 i; ps. M iA T IN z C9 rfiah - IN -w -slm. s,,Jsi Nz1 0 ItSON Pan < Lli t%4 E. rn z cn E a0 E5 .0 f m :3 15 cp g IPCI(n (n TE R 5 Ion 1--7 o z iE LA� V44 AUK EN LLJ 03 W—cz �D 0 00 k= LIJ LL 00 z cot mom 0 Fn, 10I ON lN3V4n)4j5Nl N01faC.1 V Nolsl� '91 !OF' C-2 asnS VNAgndS Exhibit C — Page 3 0 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 TOOTHMAN-OFrrON ENGEVEERING COMPANY CONSUMNO kWANONS, SURVMRS.firm PLAMT&S !3777 CJ UNDEN BOULEVARD BME, WAI-10 83714-2008 2018-323-2288 - FAX 208-323-2399 ProJect No: 05087 boLseftengm.rMn Date: December 16.2005 Page: I of I EYAUBIT "A" Land Description for R4 Rezone A parcel of land located in the S % of the SE 1/4 of Section 23, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1, Block I of BR A N1')'j'SLJBDMSI0N. described as follows: CONMENCING at a point, marking the comer common to Sections 23,24,25 and 26, Township 4 North, Range I West, Boise Meridian, from which the 1/4 corner common to &dd Sections 23 and 26 bears N,89138'4TW., 2629,97 feet; thence, along the line common to said Sections 23 and 26, A) N.99 -38'47"W, 2596.97' feet to a point on the southerly extension of the westerly line of said Lot 1, Block I of BRANDT SUBDIVISION, therwe, aionp said southerly extension thereof and the westerly line of said Lot 1, B) N.00*27'09"E., 381.37 feet to the POINT OF BEGINNING; thence, contialliog along said westerly line, I ) N.00 -27'09"E., 459.69 feet; thence, along the southerly and easterly line of a parcel of land described in Deed Instrument No. 10 11283 87, records of Ada County, Idaho, the following courses. 2) S.8904 1'45"E., 272.00 feet, thence, 3) N.00 -27'09'T, 480.00 feet to the northerly line of said I -At 1; thence, along said northerly line, 4) S89-41'45" 1 ., 1393.14' to the northwesterly comer of Lot 10, Block 1, BRANDT SUBDfVISION; thence, along the westerly line of Lots 10, 9, S, 7, and 6, Block I of said subdivision and the southerly extension thereof, 5) S.00 -48'23"W-, 939.88 feet; thence, 6) N.89 -41-25"W., 1659.34 feet to the POINT OF BEGINNING. CONTALNING: 32.86 Acres, more or less. SUBJECT TO:.1XII covenants, Rights, Rights -of -Way, Easements of Records and any Fncurnbrances. JtW50971V1Pfts=RVEYWxM-K4 MONE DMAWTION dM BOISE - COEUR WALENT - CALDIVUL Exhibit C — Page 4 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI0 NG DATE OF MARCH 2, 2006 TOOTHMAN-ORTON ENGINEEMG COMPANY COMULTI-40 (Wommits, SuRvEyou Mn PIAMMMS Prqjct;t No: 05087 Date: June 1, 2006 Page: I of I 9777 CHINDEN BOULEVARD RCUSIL IDAHO J13714 20DO 2CM-321-22M - FAX 108423-23" bdieftwnprn.com EXHIBIT "A" Land Description for IN -C Rezone A parcel or land located in the S'/2 of the SE 1/4 of Section 23, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1, Block I of BRANDT SUBDIVISION, described as follows: COMMMNCIIING at a point marking the comer common to Sections 23,24,25 and 26, Township 4 North, Range I West, Boise Meridian, ftm which the 1/4 earner common to said Sections 23 and 26 bears N.89*384TW., 2629.97 feet; thence, along the line common to said Sec -tions 23 and 26, A) -4.89-38-47"W., 499.62 feet to the POINT OF BEGINNING, thence, continuing along said common line (also the centertme of W. Chinden Boulevard), 1) N.99 -38'47-W., 2098.35 feet to a point on the southerly extension of the westerly line of said Lot t; thence, along said southerly extension and said westerly line of Lot 1, 2) N.00927'09"E., 381-37 fecV, thence, leaving said wwwly Me, 3) S. 83°41-25"E., 1659.34 feet to a point on the southerly extension of the westerly line of Lot 6, Block I of said subdivision; thence, along said southerly extension, 4) N.00048123"E, 35.95 feet to the southwesterly corner of said Lot 6; thence, along the southerly line of said Lot 6 and the southerly Una of Lot 5, Block I of said subdivision, 5) S.88'50'33 -E., 441.26 feet to the southeasterly comer of said Lot 5; thence, along the soudwdy extension of the easterly line of said Lot S. 6) S.00 -4T29 -W., 412.41 feet to the POINT OF ffZGH4N1NQ CONTAINING: 18.75 acres, more or less. 'WELECT TO: All covenants, Rights, Rights -of -Way, Easements of Records and any Encumbrances. h A0 504 7M PriltsvIt; 10,"MYWLA. -TN-C REZONE U F -SC " WN 2- bc BOISE - COEUR d'i'LLENE - CALDWELL Exhibit C - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 TOOTHMAN-ORTON ENGINEERING COM11*ANY Cr iSULTNO ENGIMMn SURVEYORS A" PLANERS Pruject No: 05087 Bate: June 1, 2006 Page: 1 of 2 9777 C;HINDEN 80W.FVARo f3fAE IDAKO83714-200B 20.323-2288 • FAX 2{18.32]-2759 boise@Iae-Igrco.com EXHI$rr "A" Land Description for C -C Rezone A parcel of land located in the S % of the SE'/, of Section 23, Township 4 North, mange I Wvg, Boise Meridian, Ada County, Idaho, being a portion of Lot 1, Black 1 of BRANDT SLBDTVISION, and all that parcel of land, as shown on a Record of Survey, recorded as Instrument No. 94079392, records of Ada County, Ian, described as follows. BEGINNING at a point, masking the corner common to Sections 23, 24, 25 and 26, Township 4 North, Range 1 Wcst, Boise Meridian, from which the 1/4 corner common to said Sections 23 and 26 bearsN.89°38'4T'W., 2.629.97 feet; thence, along the line common to said Sections 25 and 26, 1) 5.00'54' 56"W., 0.10 feet to a point on a curve, marking the centerline of W. Chmiltm Boulevard; thence, along said centerline, non -tangent with tate previous course, 2) Northwesterly along said curve to the left, having a radius of 34,377.48 feet, an are length of 80.89 feet, through a central angle of 00108'05", and a chord bearing and distance ofN.89°34'44"W., 80.89 feet to a point of tangency; thence, continuing along said centerline, .3) N_89°38'4T-W., 417.73 feet to a point on the southerly extension of the westerly line of Lot 5, Block I of said subdivision; thence, along said southerly extension thereof, 4) N.00°47'29"E., 412.41 feet to the southeasterly corner of said Lot S; thence, along the easterly tine of said Lot 5, 5) N.00 -47'29"E., 196.40 feet to the southwesterly corner of Lot 3, Bloch 1. of said subdivis`iion, thence, along the southerly line of said Lot 3 and Lot 2, Block I of said subdivision, 6) S89" [ 2'31"1:, 498.61 feet to the centerline of N. Linder Road; thence, along said waterline, r Z5O87+W7 McsVct:xVi Y% xp,WGC REZONE DESCR MUN ?doe HOTSE • COEURd'AT.SNE • CAUAVEU Exhibit C — Page 6 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 TOOTHMkN-ORTON ENGINURING COMPANY Project No: 05087 Date: December 27, 2005 Page: I of 2 7) S.000 47'29"W., 605.00 feet to the POINT OF BEGINNING. CO TALNLNG: 6.45 acres, more or lesc- SUBJECT TO: All. covenants, Rights, Rights -of -Way, Easements of Records and any Encumbrances. ;i'A5u8l�w skst0iv�'in9xhA{:e REZONE DESCWTtoN 2 do Exhibit C — Page 7 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 d V Z97rw - bU9Y 1fi3M 54 �r 1u Exhibit C - Page 8 03, L[ii 104 '0N iN3Wi"m WmAmm eo Nouaoa v § 4 MW 'BL 101 NO't6wan$ makinds g I 06. i cri roi z 0 LLIOm U N 1uj -9-4 a�A ON Z d' s- 0 Iguj WQ I E•0,n�XQ eN pOZ 0Q Z z E -4d 0 a t=. • W ,7f A � r , a b 06. i cri roi z 0 LLIOm U N 1uj -9-4 a�A ON Z d' s- 0 Iguj WQ I E•0,n�XQ eN pOZ 0Q Z z E -4d 0 a t=. i 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: The map amendment complies with the applicable provisions of the comprehensive plan; Council finds that the proposed zoning designations of R-4, TN -C and C -C comply with the Comprehensive Plan and recently amended Future Land Use Map. Council finds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fmds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of TN -C and C -C. If the applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings, Council finds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-4, TN -C and C -C zoning amendments will provide both residential and commercial uses in this area. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Annexation and Zoning of thisrLoopg1y to R-4. TN -C and C -C would be in the best interest of the City. 2. Preliminary Plat Findings: Exhibit D — Page 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. Private Street Findings: Exhibit D — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR G DATE OF MARCH 2 2006 1. The Design of the private street meets the requirements of this Article; Council finds that the design of the private streets meets the standards as set forth in UDC 11-3F-4. 2. 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 Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the UDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. ACHD has reviewed the private street request and is supportive. Exhibit D — Page 3 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Sea 2 Sea, LLC ITEM NO. 5-M REQUEST Findings: Request for Preliminary Plat approval of 126 residential lots (22 townhouse lots and 102 detached single family lots), 7 commercial lots and 26 common lots on 55.83 acres in a proposed R-4, TN -C and C -C zones for Knight Sky Estates Sub. — NW Comer of 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 Aftched Findings Contacted Date: Phone: Emalled: �' - Staff Initials: zj—�P, Materials presented at public meetings shall become property of the City of Meddlan. 0 RECEIVED JUN 01 2006 City Of Meridian City Clerk Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER - In the Matter of Annexation and Zoning of 58.83 acres from RR to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(18.75 acres) and C -C (Community Business)(6.95acres) AND Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres, for Knight Sky Estates Subdivision, by Sea 2 Sea, LLC. Case No(s).: AZ -06-005 and PP -06-004 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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 dated January 3, 2006 (revised April 5, 2006) by Toothman-Orton Engineering Company, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. To construct a 6 -foot tall solid fence around the perimeter of the subdivision, prior to house construction; 2. Regarding the temporary sewer lift station, the applicant shall either provide an easement or move the lift station to insure that it doesn't dead end. Further, the homeowners association shall own and operate said lift station. And, third, coordinate with the Public Works Department an acceptable assurance for abandonment of that lift station and the pressure sewer that goes along with it; and, 3. To construct gateway signage near the corner of Linder Road and Chinden Boulevard, in coordination with the Gateway Committee. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 2 of 4 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613- 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 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 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 3 of 4 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 COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., Copy served upon Applicant, Attorney. VOTED VOTED VOTED Aye®�Weerd Cf ;rk PS The Plann'Ifrg, fill ublic Works Department and City By Dated: U -q -IOU Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 4 of 4 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE RING DATE OF MAY 23, 2006 STAFF .REPORT TO: FROM: SUBJECT: Hearing Date: 5/23/2006 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 �x eg FF p �a p Imild if Knight Sky Estates Subdivision AZ -06-005 Annexation and Zoning of 58.56 acres from RR to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(14.54 acres) and C -C (Community Business)(1 1. 16 acres). PP -06-004 Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning of 58.56 acres to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres), and Preliminary Plat approval of 126 residential building lots, 7 commercial building lots, and 26 common lots on 55.83 acres. The site is located on the northwest corner of the intersection of Chinden Boulevard and Linder Road. There is an existing home and associated out buildings on this site near Linder Road. The rest of the site is currently vacant and being used for agricultural purposes. A majority of this site is Lot 1, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP as well as a private street application) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. Staff is recommending approval of the pro osed Knight Sky Estates Subdivision (AZ -06-005 and PP -06-004) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoninu Cnmmiccinn heard the item nn recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant's representative), Bryan Martin (Applicant's Engineer) ii. In opposition: Alan Ward, Larry Woodard, Foad Rothani (aka — Jack Smith), Brad Larsen, Ken Mallea, Tom Holloway, Lydia Aguirre. iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 i. Density; ii. Traffic; iii. Sewerability and decommissioning the proposed temporary lift station; and iv. Irrigation water service to Brandt Subdivision. c. Key Commission Changes to Staff Recommendation: i. Deleted requirement for a stub street to the north (5 -acre lot in Almaden Subdivision). NOTE: At the April 6d' public hearing the Applicant's representative, Shawn Nickel, offered to construct a 6 -foot tall solid fence along the entire boundary of the subdivision. He also offered to provide irrigation water to the homeowners in Brandt Subdivision. In addition to the Commission changes, staff has included these offerings of the Applicant in Exhibit B. d. Outstanding Issue(s) for City Council: i. Clarification on how irrigation water will be provided to the Brandt Subdivision homeowners (see Condition 1.1.15 in Exhibit B). ii. The applicant has submitted a revised preliminary plat (dated April 5, 2006) which incorporates most of the changes required by staff and the Commission. However, the revised preliminary plat has a net gain of three residential lots. Staff recommends that the Council approve the revised preliminM plat,with the provision that a maximum of 126 residential lots be allowed Staff further recommends that one of the townhouse groupings that contain four dwellings be platted as one large lot, and re -subdivided into four new lots in the future 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -005 and PP -06-004 as presented in the staff report for the hearing date of May 23, 2006, and the preliminary plat labeled Sheet 1 of 1, dated January 3, 2006 (revised 1 27 06 April 5, 2006) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 005 and PP -06-004 as presented in the staff report for the hearing date of May 23, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ - 06 -005 and PP -06-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of the Chinden Boulevard/Linder Road intersection / 4N1W23 b. Owner: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 2 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE H*NG DATE OF MAY 23, 2006 c. Applicant: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 d. Representative: Shawn Nickel, SLN Planning Inc. e. Present Zoning: RR f. Comprehensive Plan Designation: Mixed Use (along Chinden) and Medium Density Residential (remainder) g. Description of Applicant's Request: The applicant is requesting approval of a 159 -lot mixed- use development that includes 126 single-family residential buildable lots, 7 commercial lots and 26 common lots on 5 8.5 6 acres. The applicant is proposing three zones: R-4 (Low Density Residential)(32.86 acres); TN -C (Traditional Neighborhood Center)(14.54 acres); and C -C (Community Business)(1 1. 16 acres). All of the proposed lots conform to the dimensional standards of the requested zone. The average residential lot size in the proposed development is 8,200 square feet. The gross density of Knight Sky Estates is 2.26 dwelling units per acre. Approximately 16% (9.1 acres) is being set aside for open space; 6.2% of the open space is considered useable, the rest of the open space is either used for street buffers or drainage areas. 1. Date of preliminary plat (attached in Exhibit A): 1/3/06 (Revised 1/27/06) 2. Date of landscape plan (attached in Exhibit A): 1/4/06 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan (see applicant's submittal letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 13 and 27, 2006 (for Planning & Zoning Commission hearing) and May 1 and May 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for Planning & Zoning Commission hearing) and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: February 20, 2006 (for Planning & Zoning Commission hearing) and May 13, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is an existing home and some out buildings on this site. The rest of the subject property is currently vacant and is being farmed. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 3 CITY OF MERIDIAN PLANNII9EPARTMENT STAFF REPORT FOR THE HE&G DATE OF MAY 23, 2006 b. Description of Character of Surrounding Area: There are five -acre lots in Almaden Subdivision to the north. Spurwing Country Club is to the west. Brandt Subdivision, with one - acre lots is to the east. To the south is Lochsa Falls Subdivision, and the proposed Knight Hill commercial development. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential on five -acre lots, Almaden Subdivision, zoned RR (Ada County) 2. East: one -acre lots in Brandt Subdivision, zoned RR (Ada County); Linder Road 3. South: Lochsa Falls Subdivision commercial, zoned R-4 (PD for commercial uses); Vacant ten -acres, proposed Knight Hill commercial development 4. West: Spurwing Subdivision clubhouse and driving range, zoned RR (Ada County); vacant three acre parcel, zoned RR (Ada County) d. History of Previous Actions: The City is currently in the process of amending its Area of City Impact to include the subject area. The Comprehensive Plan Map Amendment application, to add this area to the Future Land Use Map, was approved by the City Council on March 7, 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service is being proposed via a temporary lift station that will discharge to sewer mains located in N. Long Lake Way. Location of water: The closest City of Meridian water mains are located in Lochsa Falls Subdivision across Chinden from this property. However the City of Meridian and United Water are currently in negotiations that would allow United Water to serve this parcel. Issues or concerns: The need for an easement through the out -parcel in the northwest corner to facilitate decommissioning the lift station in the future. Administrative issues pertaining to United Water serving this development. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: Any open canals or ditches that cross the subject site should be piped (see Exhibit B). 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: Existing RR (Ada County) to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(14.54 acres) and C -C (Community Business)(1 1. 16 acres). 6. Size of Property: 58.56 acres f. Subdivision Plat Information: 1. Residential Lots: 126 2. Non-residential Lots: 7 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 4 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE ANG DATE OF MAY 23, 2006 3. Total Building Lots: 133 4. Common Lots: 26 5. Other Lots: 0 6. Total Lots: 159 7. Gross Density: 2.26 units per acre (net 3.1 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 35 -foot wide street buffer is required along Chinden Boulevard, a designated entryway corridor (UDC 11-2B-3 & UDC 11-2D-2). A 25 - foot wide street buffer is required along Linder Road, an arterial street (UDC 11-2B- 3). A 10 -foot wide landscape buffer is required along Knights Park Drive where it is adjacent to the proposed TN -C and C -C commercial lots (UDC 11-2B-3). Street buffers are not required adjacent to the other internal streets. 2. Width of buffer(s) between land uses: The applicant is not proposing to construct any landscape buffers between proposed TN -C and C -C zoned lots. A 50 -foot wide amenity pond is proposed between the residential and commercial areas. 3. Percentage of site as open space: For the Knight Sky Estates development, over 16% of the site is being set aside for open space; 9.1 acres/16.3% (including street buffers) and 3.5 acres/6.2% (excluding street buffers) of the subject 55.83 acres (excludes right-of-way) is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Landscaping adjacent to any roadway with detached sidewalks shall comply with UDC 11-3A-17. h. Amenities: Water fall, clubhouse, ponds, park, cobbled entries, open space. i. Off -Street Parking: UDC 11 -3C -6A requires single-family detached dwellings and townhouses with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11 -3C -6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential and Commercial Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side S S Rear 15 15 Frontage (garage facing street) 60 60 Lot Size (garage facing street) 8,000 8,000 TN -C There are no established lot size, setback, or lot frontage requirements in the TN -C Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE ANG DATE OF MAY 23, 2006 zone. The maximum building height is 45 feet; the minimum number of stories is 2; and the maximum building footprint is 20,000 square feet. C -C Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 k. Summary of Proposed Streets and/or Access: The applicant is proposing one access to Chinden Boulevard, a state highway. This proposed access is located at the %Z mile and aligns with Long Lake Way in Lochsa Falls Subdivision to the south. This public street access (Knights Park Drive) to Chinden Boulevard loops around to connect with Linder Road. The applicant is not proposing any additional access points to Chinden Boulevard or Linder Road. There are private streets, a public street to the proposed R-4 lots, commercial driveways and a common driveway proposed from Knights Park Drive. The internal public and private streets are proposed with 33 -foot wide street sections (measured back -of -curb to back -of -curb) with 5 -foot wide attached sidewalks. Staff is generally supportive of the proposed street system. NOTE: Nearby property owners have expressed concern about the proposed Knights Park Drive access to Linder Road. ACHD has provided the City with detailed analysis and conditions for this project. ACHD has required some changes to the proposed plat. The first change requires the applicant to provide access to Chinden Boulevard via the proposed Knights Park Drive. The second change requires the applicant to construct a stub street to the three -acre parcel to the northwest. The ACHD has approved the location of Knights Park Drive where it intersects Linder Road. Please see ACHD's conditions in Exhibit B. 7. COMMENTS MEETING On February 10, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Community" and "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use 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 Mixed Use — Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed Preliminary Plat includes 126 single-family lots for a gross density of 2.26 dwelling units/acre. Although the overall density is at 2.26 dwelling units per acre, the proposed R-4 area has a density of 3.1 dwelling units per acre, meeting the anticipated density range for this area. NOTE: Staff has been in contact with Eagle City Staff regarding their future plans for the area to the north and east of this project. Based on the conversation with Eagle City Staff and the policies and goals contained within the Rim View Planning Area section of Eagle's Western Area Plan, staff believes that the subject development Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 6 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 complies with both Cities' plans, if the applicant complies with the conditions listed in Exhibit B. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (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 establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner: Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department/United Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 - Permit new commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. This development is currently not serviceable by gravity means. Permanent sewer service for this development will be via the future North Black Cat lift station, this site will temporarily lift sewer to mains in Lochsa Falls Subdivision. City of Meridian municipal water is currently not available to this site. The City of Meridian and United Water are currently in negotiations that would allow United Water to provide water service to this parcel. Solid waste and other services can be provided to this property. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 7 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HIRING DATE OF MAY 23, 2006 Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three -acre parcel to the northwest. According to Eagle's Western Area Plan, the existing five -acre parcels to the north are eligible to re -develop with one -acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Staff believes that a stub to either the Aguirre or Petty property should be provided. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development, when those five -acre parcels re -develop. See Analysis below and Exhibit B. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide attached sidewalks adjacent to the internal streets and on one side of the proposed common driveway. The applicant is also proposing to construct micro paths to/from the proposed commercial lots to the east. NOTE: Staff is recommending that the applicant provide a stub street to the north. Once this stub street is extended, pedestrian access via sidewalks will link the existing Almaden Acres Subdivision to the north and the proposed development. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to Linder Road (Knights Park Drive) and one public street access to Chinden Boulevard (Long Lake Way). Direct lot access to Linder Road and Chinden Boulevard should be prohibited. Chapter VII, Goal 1, Objective B - Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 12 -acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses. Staff believes that the future commercial and retail sites in this plat will add to the variety of non-residential uses within the City's Area of Impact. Staff is generally supportive of some commercial uses in this area. Please see Analysis below. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 8 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE ANG DATE OF MAY 23, 2006 The applicant is proposing a 50 foot wide common lot between the proposed townhouse lots and the future office/commercial TN -C zoned lot to the east. Some of the adjacent property owners have expressed concern over the smaller R-4 lots and the commercial lots. The UDC does not require any buffering between single-family uses. Further, the UDC does not require any buffering between commercial uses and residential uses, if they are separated by a public street. If landscaping is constructed in accordance with the UDC, staff finds that the proposed (internal) residential and commercial uses should be compatible with each other. The Commission and Council should rely on any public testimony provided when determining if this development is compatible with the uses on the adjacent parcels. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses adjacent to this property. Staff believes that the locations of the proposed zones and the lot layout are generally appropriate as the larger lots will primarily be on the north side of the development, and the higher density will be nearer Chinden Boulevard, a major arterial street. However, to further ensure a transition from the five -acre parcels to the north staff recommends that at least one of the lots in the northwest corner ofthe development be removed To provide a better transition between the subiect development and the -five -acre lots to the north staff recommends that all of the perimeter lots between Lot 18 and Lot 32 Block 7 maintain at least a 15, 000 square foot lot size. If the preliminary plat is amended as proposed by staff, the proposed development should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: "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, page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (see Analysis below). Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-2A-2) lists single-family detached homes as permitted uses in the R-4 zoning district. Meridian City Code (Table 11- 2D-1) lists attached single family dwellings as permitted uses in the TN -C zone, while several other non-residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN -C zone. Please see Meridian City Code (Table 11-2B-2) for a list of permitted, conditional, accessory, and prohibited uses in the C -C zone. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 9 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 23, 2006 b. Purpose Statement of Zones: R-4 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. TN -C: The purpose of the TN -C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN -C is pedestrian -oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN -C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi -public uses, churches, and attached and multi -family dwellings. C -C: The purpose of the Commercial District 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. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4, TN -C and C -C zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning Application: Based on the Comprehensive Plan and the recently adopted Future Land Use Map, staff believes that the requested zones are appropriate for this property. However, staff believes that the proportion of the TN -C and C -C zoning proposed does not comply with the purpose statements of said zones or the Comprehensive Plan. Further, because of the existing one -acre residences to the north, staff recommends that less -intense zoning (TN -C) be approved for Lots 5-7, Block 1. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. Legal Descriptions: The annexation legal description and the rezone legal descriptions submitted with the application (stamped on December 26, 2005, January 12, 2006, and June 1, 2006 by Jeffrey H. McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to annexation, staff recommends that a new legal description be filed with the City that includes Lots 5-7 Block 1 being zoned to TN -C, and Lots 1 3 and 4 Block 1 being zoned to C C Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Because the applicant has not submitted elevations or a list of uses that may be built in the commercial area (TN -C and C -C areas) of this development, and to ensure that this Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 10 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 project builds out consistent with the Comprehensive Plan, staff recommends that the applicant enter into a Development Agreement with the City. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888- 4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Knight Sky Estates as follows: 1. That all future development 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. That all future development of the TN -C and C -C zoned lots be subject to Design Review approval, and that all TN -C lots contain structures that are at least two -stories tall. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 9. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 10. That a maximum of 125 single-family residential dwellings be allowed on the subject property. 11. Prior to signature on the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20 -foot wide sanitary sewer easement through the out -parcel located in the northwest corner (indicated on the preliminary plat to be R1065270110) of this development or move the lift station to insure that it does not dead end (coordinate with the Public Works Department). Coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the lift station and the pressure sewer that goes along with it when gravity sewer becomes available to this site. The Homeowners Association shall own and operate said lift station The costs of decommissioning the lift station shall be borne by the developer and not the future Homeowners Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 11 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE H> G DATE OF MAY 23, 2006 Association. 12. That the applicant has volunteered to construct gateway signage near the corner of Linder Road and Chinden Boulevard, in accordance with the Gateway Committee's standards. 2. Preliminary Plat and Private Street Applications: Staff believes that the proposed preliminary plat and private streets substantially complies with the Zoning Ordinance. Special Considerations: Development Along State Highways: The applicant is proposing one access to State Highway 20-26 (Chinden Boulevard). Staff is supportive of this proposal as it aligns with Long Lake Way across Chinden and is located at the % mile (UDC 11 -3H -4B2). The applicant should acquire a permit from ITD for this proposed access (UDC 11- 3H -4C1). The applicant is proposing a public street, Knights Park Drive, that generally parallels the highway and provides access to properties fronting the highway (UDC 11 -3H -4B3). The applicant should be required to construct noise abatement in compliance with UDC 11-3H4D and IM's design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion (100 -feet from centerline proposed). A note should be placed on the face of the plat restricting direct lot access to Chinden Boulevard. Knights Park Drive: The applicant is proposing to construct a local commercial street, Knights Park Drive, that will connect Linder Road to Chinden Boulevard. Staff has been contacted by neighbors in Brandt Subdivision that are concerned about the location of Knights Park Drive. ACHD has recommended that Knights Park Drive intersect Linder Road as proposed by the applicant. Staff recommends that the Commission take into account any public testimony that may be provided regarding the location and design of Knights Park Drive, as it does come fairly close to the back side of the adjacent 1 -acre properties. The applicant is proposing to construct detached sidewalks with 6 -foot wide parkway strips between the curb and sidewalk along Knights Park Drive. UDC 11-3A-17 requires parkways to be at least eight feet wide and planted with Class H trees. However, the planter width may be reduced to six feet if there are root barriers installed on the trees. The applicant should either construct eight -foot wide parkways, or six-foot wide parkways with root barriers around all trees within the parkway. Because the applicant is proposing to limit access points to Knights Sky Drive, the applicant should provide a cross parking/cross access agreement for all of the TN -C and C -C zoned lots within the subdivision to use the driveways and parking aisles. Private Street: The applicant has submitted a private street application, proposing to construct two private streets in this development. Staff is generally supportive of the private streets for the mew lots, but not for Lots 29-32, Block 1 as they do not "front" on a mew as the other private street townhouse lots do (see required findings in Exhibit D below). The applicant should either modify the1p at by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50 -feet wide), or dedicate W. Castle Canyon Lane as a public street The applicant is proposing to construct the private streets with a 33 -foot wide street section (measured back of curbs) and sidewalks on both sides, within a 43 -foot wide Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 12 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 easement. Gates are prohibited on private streets (UDC 11 -3F -4A4). Prior to signature of the final plat, the applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11 -3F -3B4). The private street easements shall be depicted on the face of the final plat(s) (UDC 11 -3F -3B3). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. Common Driveway The applicant is proposing to use a common driveway for Lots 33-36, Block 1. Staff is generally supportive of the common driveway proposal. However, rather than flagging the buildable lots through the amenity pond, at least 10 - feet of frontage for each lot should be provided using the common driveway easement (make the lots flag at a 90 -degree angle to Knights Park Drive). UDC 11 -6C -3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the adjacent sidewalk. Further, UDC 11-3C-6 requires every single-family detached dwelling to have a two - car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All of the lots adjacent to the common driveway should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Comply with all common driveway provisions listed in UDC 11 -6C -3D. Lots 23 and 28, Block 7: The applicant is proposing to create an irrigation easement that encroaches into buildable Lots 23 and 28, Block 7. Staff recommends that these lots be reconfigured to remove the easement from being within the buildable lots. Stub Streets: The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three -acre parcel to the northwest. The ACHD is also requiring the applicant to provide access to the Chinden access, to the 13 -acre parcel to the west. Staff believes that a stub to either the Aguirre or Petty property to the north should be provided as well. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development. According to Eagle's Western Area Plan, the existing five -acre parcels to the north are eligible to re -develop with one -acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Density: As mentioned earlier in the report there are existing rural size lots to the north and east of this site. To better transition from the five -acre lots to the north, staff recommends that at least one of the lots in the northwest comer of the development be removed. To provide a better transition between the subject development and the 5 - acre lots to the north, staff recommends that all of the perimeter lots between Lot 18 and Lot 32, Block 7, maintain at least a 15,000 square -foot lot size. Micro -paths: The applicant is proposing to construct several micro -paths within this development. The micro -paths on Lots 1 and 42, Block 7, also serve as emergency access for emergency service providers. Therefore, the micro-paths/emergency access on Lots 1 and 42, Block 7, shall be improved with either grass-crete or asphalt at least 20 -feet wide and constructed in accordance with the Meridian Fire Department's Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 13 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 23, 2006 requirements. All other micro -paths shall be constructed in accordance with UDC 11- 3A-8. Landscaping adjacent to all micro -paths should comply with UDC 11-3B. Amenities/Open Space: UDC 11-3G requires common open space and site amenities for developments of five acres or more. The applicant is proposing to set aside approximately 3.5 acres of common open space. Several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds are proposed within this development. Staff believes that the applicant has provided enough open space and amenities to comply with the UDC. However, details of the water features and the clubhouse are not provided on the landscape plan. Staff has concerns over stagnant water and these water features and ponds becoming mosquito breeding grounds. Therefore, staff requests that the applicant describe at the public hearing, how the amenity ponds and clubhouse will be constructed how the ponds will not become a nuisance for nearby_ property owners, and what the clubhouse and ponds will look like Landscaping: The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes: • Provide a 35 -foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25 -foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10 -foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN -C and C -C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-3B-7C2b). All street buffers shall be designed in accordance with UDC 11- 3B-7. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro -paths. • Provide detailed pictures and/or drawings of how each water feature will be constructed. • Provide detailed elevations and/or pictures of how the clubhouse will look. • Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look. • Provide amenities and open space as proposed; 3.5 acres of common open space, several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The applicant is proposing to construct a six-foot wooden fence around the residential portion of this project. A mix of four -foot tall open -vision and solid fencing is proposed adjacent to micro -paths and interior common spaces. A detailed fencing Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 14 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HLG DATE OF MAY 23, 2006 plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. Almaden Acres & Brandt Subdivisions: Staff has received several letters from adjacent neighbors in Almaden Acres Subdivision to the north, and has talked with others in Brandt Subdivision to the north and east. The neighbors' main concerns appear to be: the location and design of Knights Sky Drive; the 25 -foot wide grass strip along the northern border of the project, and this becoming a nuisance; density; and a request for a six-foot tall vinyl fence along the northern boundary of the project. Staff recommends that the Commission review all letters received by the City regarding this project. Common Areas: Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Associations. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered Pressure Irri ag tion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with the entity providing water service to allow a single -point connection to the culinary water system. If a single -point connection to the City of Meridian's water line is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 005 and PP -06-004, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Apri16, 2006. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06 & 4-5-06) 2. Landscape Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 15 CITY OF MERIDIAN PLAMV0DEPARTMENT STAFF REPORT FOR THE H G DATE OF MAY 23, 2006 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Zoning Ordinance Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 16 CITY OF MERIDIAN PLANIADEPARTMENT STAFF REPORT FOR THE ARING DATE OF MAY 23, 2006 A. Drawings 1- Preliminary Plat (dated: 1-3-06, Revised 1-27-06 & 4-5-06) fill Exhibit A — Page 1 z e% Exhibit A — Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 23, 2006 2. Landscape Plan (dated 1-4-06) Exhibit A — Page 2 CITY OF MERIDIAN PLANDEPARTMENT STAFF REPORT FOR THE HWNG DATE OF MAY 23, 2006 Exhibit A — Page 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF MAY 23, 2006 cli -1 IVId -13- NVId 3dVOS(INV AM041 dd fit !t j, UOPU!40 PUB JsPt" JO JOWCO ISM4014 WIa fill 7z ;A- p T'j, If vrl Ajci, -1p, A . YS- 7� r. Ir -F 011 it 4-7 Exhibit A — Page 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE ING DATE OF MAY 23, 2006 [NVId 3db'DSONH`I . VId hH`a'NiI'VVI"I ld uaNi4o pue iapup J0tgtuo3Isan►W0N 10011 # I I e I iii ; � '.kl •�E ,��� t I t � al�•d— I� i S t, ♦ n �. i —. �`- I I [,,/f % Exhibit A — Page 5 I t � al�•d— I� i S t, ♦ n �. �`- I I [,,/f % CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HONG DATE OF MARCH 2, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-004) 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering Company, dated January 3, 2006 (revised 1-27-06 & 4-5-06) is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-005) application shall also be considered conditions of the Preliminary Plat (PP -06-004). No more than 126 residential lots are approved with this plat. 1.1.2 The landscape plan prepared by The Land Group, Inc., on 14-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes: • Provide a 35 -foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25 -foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10 -foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN -C and C -C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-313- 7C2b). All street buffers shall be designed in accordance with UDC 11-3B-7. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Provide landscaping in compliance with UDC 11-313-12, adjacent to all micro -paths. • Provide detailed pictures and/or drawings of how each water feature will be constructed. • Provide detailed elevations and/or pictures of how the clubhouse will look. • Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look. • Provide amenities and open space as proposed; 3.5 acres of common open space, several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-313-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The applicant shall acquire a permit from ITD for the proposed public street access to Chinden Boulevard. Construct noise abatement in compliance with UDC 11-31-141) and LTD's design requirements adjacent to the residential uses on Chinden Boulevard. Dedicate right-of-way, in accordance with TM's requirements, to allow for future highway expansion (100 -feet from centerline proposed). Exhibit B — Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAING DATE OF MARCH 2, 2006 1.1.4 The applicant shall construct a public street (Knights Park Drive) that connects Linder Road to Chinden Boulevard, as proposed. The applicant shall either construct 8 -foot wide parkways, or 6 - foot wide parkways with root barriers around all trees within any parkways with detached sidewalks. Direct lot access to Knights Park Drive shall be restricted as proposed; provide a cross parking/cross access agreement for all of the TN -C and C -C commercial lots within the subdivision to use the driveways and parking aisles. 1.1.5 Either modify the plat by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50 -feet wide), or dedicate W. Castle Canyon Lane as a public street. Construct any and all private streets for the mew/townhouse lots, with 33 -foot wide street sections (measured back of curbs) and sidewalks on both sides, within a 43 -foot wide easement. Gates shall be prohibited on private streets. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private street easements shall be depicted on the face of the final plat(s). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. 1.1.6 Construct a common driveway for Lots 33-36, Block 1. Provide at least 10 -feet of frontage for each lot using the common driveway easement (make the lots flag at a 90 -degree angle to Knights Park Drive). All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks, building envelopes, and orientation of the lots and structures that use the common driveway on the face of the final plat. Provide a two -car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11 -6C -3D. 1.1.7 Reconfigure Lots 23 and 28, Block 7, to remove the irrigation easement from being within the buildable lots. �1. 01. IN 1.1.9 Remove at least one of the lots in the northwest corner of the development. All of the perimeter lots between Lot 18 and Lot 32, Block 7, shall maintain at least a 15,000 square foot lot size. 1.1.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.11 The micro -paths on Lots 1 and 42, Block 7, shall also serve as emergency access for emergency service providers. The micro-paths/emergency access on Lots 1 and 42, Block 7, shall be constructed with grass-crete, or asphalt at least 20 -feet wide, in accordance with the Meridian Fire Department's requirements. All other micro -paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro -paths, including Lots 1 and 42, Block 7, shall comply with UDC 11-3B. 1.1.12 Provide a 6 -foot tall solid fence alone the entire boundary of this development, as proposed A detailed fencing plan should be submitted upon application of the final plat. If permanent Exhibit B — Page 2 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE H*NG DATE OF MARCH 2, 2006 fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro - path fencing shall be designed according to UDC 11-3A-7. 1.1.13 Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Association. 1.1.14 Place a note on the face of the final plat(s), stating that direct lot access to Chinden Boulevard and Linder Road is prohibited. 1.1.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Provide irrigation water to the Brandt Subdivision homeowners where they want it to be delivered, as proposed. 1.1.16 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.17 Prior to recordation of an annexation and zoning ordinance, provide revised legal descriptions for the TN -C and C -C zones, as described in the Development Agreement. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances, unless otherwise deemed an amenity. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B — Page 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HENING DATE OF MARCH 2, 2006 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via a temporary lift station that will discharge sewer to mains in N. Long Lake Way. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer manholes shall be allowed in the landscape islands in the cul-de-sacs. If sewer mains are to be routed under the landscape islands in the cul-de-sacs then no trees shall be allowed in the landscape island. 2.3 Water service to this site is being proposed via extension of United Water mains located near to this site. If negotiations between the City of Meridian and United Water do not include United Water providing service to this property then the applicant shall be responsible for extending City of Meridian water mains to and through this development. The applicant would coordinate main size and routing with the Public Works Department. 2.4 Provide a 20' easement for all public sewer mains outside of the public right of way. The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. If the water system is to be via extension of the City of Meridian's system then this condition shall apply to water mains as well. 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 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. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with jurisdiction providing water service to allow a single -point connection to the culinary water system. If a single -point connection to a City of Meridian water main is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that details who will own the private streets and how they will be maintained. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Exhibit B — Page 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MARCH 2, 2006 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. 2.11 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. 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 by the entity having jurisdiction over it, 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights 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. Exhibit B — Page 5 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HFWG DATE OF MARCH 2, 2006 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. A turnaround will be required if the length of the common driveway exceeds 150 feet 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". NO parking will be allowed around the parking in the cul-de-sacs 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %Z the diagonal measurement of the full development. The applicant shall provide access via the two micro -paths from Knights Park Drive to the north. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than Exhibit B — Page 6 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HAG DATE OF MARCH 2, 2006 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 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. 3.15 The proposed 126 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 365 residents at build out. 3.16 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.17 Provide a Knox box entry system for the complex prior to occupancy. 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.22 There shall be a fire hydrant within 100' of all Fire Department connections. 3.23 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.24 Pool chemicals shall be stored in compliance with the International Fire Code. 3.25 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.26 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 Exhibit B — Page 7 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 2, 2006 4.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed 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. 6.2 SSC will not provide trash nick -up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common drivewav 7. Ada County Highway District 7.1 Dedicate a total of 60 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. NOTE: The right-of-way will taper beyond the intersection to the north. The applicant shall coordinate the taper length and total right-of-way needs with Development Review staff. 7.2 Construct a 5 -foot detached concrete sidewalk abutting the site on Linder Road located a minimum of 53 -feet from the centerline of the roadway. 7.3 Comply with the requirements of the Idaho Transportation Department for right-of-way, access, and improvements to Chinden Boulevard (US 20/26). All signal modifications including relocation of utilities and irrigation at the intersection of Long Lake Way and Chinden Boulevard, will be the responsibility of this applicant. 7.4 Construct Knights Park Drive, the frontage road paralleling Chinden Boulevard, as a 40 -foot commercial street section with vertical curb, gutter, and 5 -foot detached sidewalks. Provide a minimum 21 -foot street section on each side of the proposed center islands. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Exhibit B — Page 8 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HANG DATE OF MARCH 2, 2006 7.5 Construct the internal residential roadways as 33 -foot street sections (or 34 -feet if required by the Meridian Fire Department) with rolled curb, gutter, and 5 -foot concrete sidewalks. The applicant shall obtain Fire Department approval for the reduced street width. 7.6 Construct the proposed private streets in accordance with the standards set forth by the City of Meridian. The private streets shall be required to meet the minimum offset standard of 125 -feet centerline to centerline at their intersections with the public street system. 7.7 Construct a local stub street to the 2.99 -acre out -parcel that is currently undeveloped and is located at the northwest corner of the development. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.8 Construct a stub street to the Spurwing property to the west. This stub street shoall intersect the entrance road, Long Lake Way, without changing the current configuration of that entrance road. 7.9 Construct the entrance road on Linder Road, Knights Park Drive, approximately 550 -feet north of Chinden Boulevard (centerline to centerline). Construct a left turn bay on Linder Road for vehicles entering the site at Knights Park Drive, in accordance with the submitted Traffic Impact Study. The curb radii shall be 30 feet or greater to accommodate right turning traffic at the site entrance. 7.10 Locate the commercial driveways along Knights Park Drive, at the shared property lines of the commercial lots, as proposed. The driveways are restricted to a maximum width of 36 -feet. 7.11 Construct the residential turnarounds to provide a minimum turning radius of 45 -feet. Provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. The applicant shall coordinate with District Development Review and Traffic Services staff on the design of the parking within the center islands within the turnarounds. 7.12 Vacate or exchange the 25 -foot wide un -opened roadway easement along the site's north property line through a separate public hearing process. 7.13 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 7.14 Comply with all Standard Conditions of Approval. S. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 9 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEIING DATE OF MARCH 2, 2006 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Settlers' Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral (40' easement), and the Almaden Lateral. Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved the SID Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B —Page 10 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MARCH 2, 2006 C. Annexation and Zoning Legal Descriptions P r vJ C ,- I - I)^�J 8 j L),tt-,* TOOTHMAN-ORTON ENGINEERING COMPANY CONSLITING RMiNEERS, SuRvEyo;is AM) pl.AN71EM 9777 CILNW114 80ULEVARf) 400, 10A.H0 -41714,2,YM '03232299 - FAX 2113-323-21'199 bub'cntofnF/c?.coltj EXHIBIT "A" Total Rezone Area - Description A Parcel aCland situated in the South 112 of the Southeast Quarterof Section 23. Fownship 4 Nonh. Range I West. BoiseNteridian: being a portion of Lot 1. Block I Brandt S ubd: I ision. recorded in Book 59 of Plats. Pales - 57815786. record OfAda County. Idaho; and all of that parcel of land as shown on Record of Survey Instrument No, 940 79392, Records of Ada County, Idaho- being more particularly described as fotlows: UEGINNING at found aluminum cap, marking the comer common to Sections 23. '4�_­ � and , rid 26. Township 4 North. Range I West, Boise Meridian. from which a found aturninuin cap. marking the V4 corner common to Sections 23 and _26 bears N.89'-38'47 %V_ 2629.97 feet, thence, along the section line common to said Sections 23 a_ i d 2-.. I i 5.00'5 56"W.. 0.10 feet to a point on a curve in the centerline of w, Chindell Boulevard: thence. 2) Northweaerly along said curve. having a radius of 34.3 377.48 feet. all arc length of 80.89 feet, through a central angle of 60*08'05". and a chord bearing and distance of `:.89° 37'4&''x'„ 80-89 feet to a point of tangency on the section line common to said Sections 23 and 26: thence, along said section line. _3) X1.89'38'47"W.. 25 t 6.07 feet to a point on the southerly extension of the a4esterly line of said Lot 1: thence. along said southerly extension and said westerly lire of Lot 1. 41 N -09'27'(P, **E.. 841.06 fees to a point, marking the southwesterly comer of a Parcel of land described in Deed Instrument No. 101128387: thence. along the southerh and westerh lines of said parcel. the followi" courses; 272.00 feet to point: thence. 6y N,1_10'j7'()'1"E_ 48W00 feet to a point on the northerly line of said 1.0E 1; thence. alonsz said riorihcrlm line. Ji _A'_0TUR—­'T1F WASE - C:0EURj'A.L_--'NZ - CALDWELL Exhibit C —Page 1 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 2, 2006 t) TOOTHMAN-OR111N ENGINEERING COMPANY 7) S.49041 t;..r.. l391 24 feet to a found 1'7'' rebar �sith plastic cap. markint tl::, northwtsterl_; L:,,)Mer U;-T,(,t lCt_ B t1ck k Bran.^:t St�b�lskisi r,: thence, aicr.s tlTe s�cst rl} lute i� Lots b ihtr?UP i lr,�. glrack 1 ofsaid 13ranL° Subclnlsinr,. t S.rl.-° 4g _'_ ,,� ury ')� feet t0 a ix)ir.t; thence, along rht southerly [:ne t,fs:icl [.ri s; Rrd tiro .(Autl,crl line nFLat ;, Block I of said Brandt 5ubdi+islor.. 441.26 keet icr a paint: tl acnce. along the easterl4• line of .ai 10) N.fJ'47'2r}--F , 196,40 feet to a point-, thence. along the southerly fine of Luts 2 and i, l3lock I of said Brandt Subdi%isioc-. 111) S.89'12�2I "E., 498.61 feet to the centerline of N. Linder Road: thence atom, said centerline. 12) S.00*4T29;'W . 605.00 Feet to the POINT OF BEGINiING. C:ON I'AINING 58.55 acres. more or less SIJR.l]LCr TO all Covenants. Rights, nights -cif NIVay, Easements of Record and an Lrtcumbrances h +I`I')''d ?;i! 5?i. $t FY'-rfr-ti. RE 0 N C Exhibit C — Page 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEfWG DATE OF MARCH 2, 2006 r f cj Y�®9 W9w�fi j�( SW47*29'W WEN' I O I Ix ~ M u alp° CV CC', oz�. 4 •�- F•J a' OZ cr; V` z 0 s S ZZ z:o� 0 Cq CqLU W o F. I Q ,. t P i! ty r w a.J b Z 4 © o n h ffi _ � �d�a a Exhibit C — Page 3 J O I Ix cr - m M u alp° CV CC', oz�. 4 •�- F•J a' OZ cr; V` z 0 s S ZZ z:o� 0 Cq CqLU W o F. I Q ,. t P i! ty r w a.J ••rt03�a�r`�� Z 4 © o n h iE•+ LTQ � z Hm I DW�O �1 q I A CL G W LV i+p W cli 'v a ai $ co g ON n:awnHjSNi 8 t WA1 — Q, l) 3&• �VyJIB � - moiatw ivaas U8tr&Hnas Exhibit C — Page 3 J O I Ix cr - m M u alp° CV CC', oz�. 4 •�- F•J a' OZ cr; V` z 0 s S ZZ z:o� 0 Cq CqLU W o F. I Q ,. t P i! ty r w a.J ••rt03�a�r`�� Z 4 © o n h iE•+ LTQ !� 0 0 OZ cr; s S ZZ 0 Cq CqLU W `I t i! ��W jj F-: C3 MEW V+i a a-4 FF--• Ca I ••rt03�a�r`�� Hm I DW�O E-4 0 Q I A CL G LV i+p CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 2, 2006 TOOTHMAN-ORTON FWGINEERING COMPANY C'()N.WL*nNG EMINMRS. %MVEYMS AND pLANNE" 9777 (.1 INDEN BOULEVARD SMF, JDAI 10 0714 -MUS 208-323 7288 - FAX 2LIS-323-2399 Project No: 05087boisegzengnmxnm 1>atc: 13(,cembes 16, 2005 pagc: I of I EXIMIT"A" Land D m-ription for 1R4 Rezone A parcel of land located in the S '/-, of the SE'! of Section 23, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1, Block I of RR ANT-)*1',SLJ13DIVlSI0N.. described as follows: CONMEWCING at a point, marking the corner corru-non to Sections 23.24,25 and 26, Township 4 North, Range I West, Boise Meridian, from which the IA corner common to said Sections 23 and 26 bears N.8938'47"W, 2629-97 feet; thence, along the line cornmuu to said Sections 23 and 26, A) N.89" 38'47"4V., 2596.97' feet to a point on the southerly extension of the westexly line of said Lot 1, Block I of BRANDT SUBDIVISIOK, thence, along said southerly extension thereof and the westerly flue of said Lot 1, B) N.00 -27'09'T., 381.37 feet to the.POINT OF BFGINNTNG; thence, confinWng along said westerly I=, I ) N.00 -27'09-E., 459.69 feet; thence, along the southerly and easterly Ihie of a parcel of land described in Deed Instrument No. 101128397, records of Ada County, Idaho, the following courses; 2) S.8904 1'45"E., 272.00 feet, thence, 3) N.00°27'09" 1a., 480.00 feet to the northerly line of said Lot 1; thence, along said northerly line, 4) S&9'4 1'45"F., 1393.14' to the northwesterly comer of Lot 10, Block 1, BRi1-ND*1'SUBDfV1SION; thence, along the westerly line of Lots 10, 9,& 7, and 6, Block I of said subdivision and the southerly extension thereof, 5) S.00 -48'23-W-, 939.88 feet; thence, 6) N.89 -41-25-W., 1659.34 feet to the POW OF BEG'FN'NfNG. CONTALNING. 32.86 Aaes, more or less. SUBJECT TO: till covenants, Rights, Rights -of -Way, Eiw:rnents of Records and any Fncurnbrances. FtV)50a7'-WPfflC&SURVEYWXM-R4 REZONE VV-SLP1Va0N-&ic BOTSK - CORUR WALLNE - CALDWELL Exhibit C - Page 4 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HANG DATE OF MARCH 2, 2006 TOOTKMAN-ORTON ENGINEZIUNG COMPANY COMULMr, PNOTNSMS, SURVEYORS MIN PIAMEM Prujct;t N0: 05087 Date: June 1, 2006 Page: I of I 9777 CHWDEN BOULEVARD RCVS- IDAHO 113714 2M W MI -323-22418 - FAX 208-123-2399 bWseQftxmWa.com EXMIT "A" Land Description for TN -C Rezone A parcel of land located in the S'1: of the SE !/4 of Section 23, To-t%mship 4 North, Range I West, Boise Wridian, Ada County, Idaho, being a portion of Lot 1, Block I of BRANDT SUBDIVISION, described as follows: COMAMNCLNG at a point, marking the comer common to Sections 223, 24, 25 and 26, Township 4'Nlorth, Range I West, Boise Meridian, fi*m which the V, comer common to said Sections 23 and 26 twws N.89*38'47W., 2629.97 feet; thence, along the line common to said Sections 23 and 26, A) N,89-38'4-r'W., 498.62 feet to the POINT OF BEGINNING, thence, continuing along said common line (also the centerline of W. Chinden Boulevard), 1) N.99 -38'47-W., 2098.35 feet to a point on the southerly extension of the westerly line of said 1,ot t; thence, along said southerly extension and said westerly line of Lot 1, 2) N.00n7'09"E., 381.37 fixc. thence, leaving said westerly line, 3) S. 89041'25" E., 1659.34 feet to a point on the southerly extension of the westerly line of Lot 6, Block 1 of said subdivision: di=cc, along said southerly extension, 4) N.DG-48-23'E., 35.95 feet to the southwesterly comer of said Lot 6; thence, along the southerly line of said Lot 6 and the southerly line of Lot 5. Block I of said subdivision, 5) S.98 -50'33-E., 441.26 feet to the southeasterly comer or said Lot 5-, thence, along the southerly extension of the easterly line of said Lot 5, 6) S.00 -4T2.9 -W., 412-41 feet to the POLNIT OF BEGINNING. CONTAINING: 153.75 acres, more or less. SUBJECT TO: All covenants, Rights, Riots -of -Way, Easements: of Records and auY Encurnbmccs. H -10097W K RE20NE n F -X PLIP IMN 2-dw BOISE - COEUR J'ALENE - (-:ALMVEU Exhibit C - Page 5 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 2, 2006 TOOTHMAN-ORTON ENGINR&RING COMPANY 1xaWn rt:aa >�rc,tr,'Mts, KMMOas AND fens Project No: 05087 Daae- June 1, 2006 Pate: I of 2 9777 (HMEN BOW FWARD WHSE IDMO33714.2WS 2W-323.2288 • FAX M6.321--2393 a 0ise6*.'U .00M EXHIRIT "A" Land Description for C -C Rezone A parcel of land located in the S Yz of the SE % of Section 23, Township 4 North, Lange I Weast, Eloise Meridian, Ada County, Idaho, being a portion of Tot 1, Block 1 of BRALNDT SU13DR iSION, and all that parcel orland, as shown on a Record of Survey, recorded as Instrument No. 94079392, records of Ada County, Idaho, described as follows: BEGINNING at a paint, marking the comer common to Sections 23,24, 25 and 26, Township 4 North, Range 1 West, Boise Meridian, from which the % comer common to said Sections 23 and 26 bears N.89138'47"W., 2629.97 feet; thence, along the line common to said Sections 23 and 26, t ) S.00,154'56"W., 0.10 feet to a point on a curve, marking the centerline of W_ Chinden Boulevard; thence, along said centerline, non-ungent with the previous course; 2) Northwesterly along said curve to the left* having a radius of 34,377.48 feet, an are length of 80.89 feet, through a central angle of 00108'05", and a chord bearing and distance, of N.89°34°44"W.. 80.89 feet to a point of tangency; thence, continuing along said centerline, ?) N_891138'4T'W., 417.73 feet to a point on the southerly extension of the westerly line of Lot 5, Block I of said subdivision; thence, along said southerly extension thereof. 4) N.00°47'29" E.., 412.41 feet to the southeasterly corner of said Lot 5; thence, along the easterly lime of said Lot S. 5) NJX)°47'29"E., 196.40 fejt to the southwesterly corner of Lot 3, Block I of said subdivision; thence, along the southerly line of said Lot 3 and Lot 2, .Block I at' said subdivision, 6) S89-121 I -E, 498.61 feet to the centerline of N. Linder Road; thence, along said centerline, 4REZOK DESCRi LIUN -d v ROTSE - COEt'lt&ALENE - CAt.nrvlrU Exhibit C - Page 6 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MARCH 2, 2006 TOOIRMAIN-ORTON ENGINEEI"G CoMpANV Projeel No: 05087 Date: December 27. 2005 Page: I of 2 7) SA047'29"W., 605.00 feet to the POINT OF BEGINNING, CONTAVNING: 6.95 acres, more or less. SUBJECT TO: All covenants, Rights, Rights -of -Way. Easements of Records and any Encumbrances. iV,05WNffltSM1XVEr9dA-C,C RMONE DESCRIPEON 2 dw Exhibit C — Page 7 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE H&G DATE OF MARCH 2, 2006 WEII IV, 0 Exhibit C — Page 8 Ar - 3 mmlw Wmvjawls am ►"o'm , t Lm I U-1" Vlt 101 wiswans owAmndg ci P 0 Exhibit C — Page 8 Ar - 3 mmlw Wmvjawls am ►"o'm , t Lm I U-1" Vlt 101 wiswans owAmndg co" 0cm N z (n Z' C)swd.Koz uq, V-4 P4 0Z 0 Z In z 0ig m CIO ci z E-1 o Ado a r. C4 E-1 iwom co" 0cm N z (n Z' C)swd.Koz uq, V-4 P4 0Z 0 Z In z 0ig m CIO CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 2, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds that the proposed zoning designations of R-4, TN -C and C -C comply with the Comprehensive Plan and recently amended Future Land Use Map. Council finds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of TN -C and C -C. If the applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings, Council finds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). The R-4, TN -C and C -C zoning amendments will provide both residential and commercial uses in this area. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 TN -C and C C would be in the best interest of the City 2. Preliminary Plat Findings: Exhibit D — Page 1 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HAG DATE OF MARCH 2, 2006 In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. Private Street Findings: Exhibit D — Page 2 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 2, 2006 1. The Design of the private street meets the requirements of this Article; Council finds that the design of the private streets meets the standards as set forth in UDC 11-3F-4. 2. 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 Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the UDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. ACHD has reviewed the private street request and is supportive. Exhibit D — Page 3 June 2, 2006 AZ 06-010 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Big River, LLC ITEM NO. 5-N REQUEST Findings: Request for Annexation & Zoning of 11.50 acres from RUT to an R-4 zone for Cardigan Bay Subdivision — 5450 and 5500 Larkspur Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings mf�� vj_/ Contacted: ! Date: PPhhone: 15K-0790 EmaA, S aff Initials:. Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • c rr ' ryR Z �b �m h IDAHO In the Matter of Annexation and Zoning of 11.50 acres from RUT (Ada County) to R-4 and R-2 (Medium Low -Density Residential) AND Preliminary Plat approval of 28 single-family residential building lots and 3 common lots on 11.50 acres, for Cardigan Bay Subdivision, by Big River, LLC. Case No(s).: AZ -06-010 and PP -06-008 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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: The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped January 13, 2006 by Engineering Solutions LLP is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The Council amended the specific condition requiring installment of sidewalks along Larkwood Place. b. The Applicant must obtain a variance before submittal of final plat to City Council (Staff determined after further study that under UDC 11- 3A -17D that a variance was required for amendment). 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 2 of 4 0 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 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 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 3 of 4 0 • By action of the City Council at its regular meeting held on the b day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYQR %T spade WEERD ATTEST: WILLIAM G. BERG, JR., C C RK z Copy served upon: ✓• Applicant ......1 4 t4010 ✓. Planning Department Public Works Department City Attorney By' UJ Dated: U -ou City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 4 of 4 CITY OF MERIDIAN PLAN[* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF MAY 23, 2006 STAFF REPORT Hearing Date: 5/23/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Cardigan Bay Subdivision • AZ -06-010 i;17 M w ti ion��a y Annexation and Zoning of 11.50 acres from RUT (Ada County) to R-4 zone • PP -06-008 Preliminary Plat of 28 single-family building lots and 3 common lots on 11.50 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Big River, LLC has applied for Annexation and Zoning (AZ) of 11.50 acres from RUT (Ada County) to R4 (Medium Low -Density Residential) and Preliminary Plat approval of 28 single family residential lots and 3 common lots on 11.50 acres. The site is located west of N. Locust Grove Road and north of McMillan Road. This site currently contains two homes which are proposed to remain and a portion has been previously platted as a part of Larkwood Subdivision. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -06-010 and PP -06-008 for Cardigan Bay Subdivision as presented in the staff report for the hearing date of May 23, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on April 20, 2006. At the public hearing they moved to recommended approval. a. Summary of Public Bearing: i. In favor: Sheri Stiles (representing the Applicant) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Change zone of lots fronting N. Larkwood Place, on the western portion of plat, from R-4 to R-2. c. Key Commission Changes to Staff Recommendation: i. Added Condition 1.2.8 to Exhibit B, to reflect zoning change for all lots fronting N. Larkwood Place from R4 to R-2 with the required minimum living area of 1,500 square feet. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 Approval (All Applications) After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -010 and PP -06-008 as presented in the staff report for the hearing date of May 23, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial (All Applications) After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 010 and PP -06-008 as presented in the staff report for the hearing date of May 23, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-010 and PP -06-008 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: W of N. Locust Grove Road and N of McMillan Road/ 5450 and 5500 Larkwood Place Section 30, T4N R1E b. Owners: David and Rebecca Callister/ Troy and Tawnee Palmer 1903 E. Wilson, Apt. A/ 5450 N. Larkwood Place Meridian, ID 83642 c. Applicant: Big River, LLC 1903 E. Wilson, Apt. A Meridian, ID 83642 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): January 13, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 12, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 2 CITY OF MERIDIAN PL"* DEPARTMENT STAFF REPORT FOR THE H*ING DATE OF MAY 23, 2006 c. Newspaper notifications published on: April 3 and 17, 2006 (for Planning & Zoning Commission hearing), and May 1 and 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning & Zoning Commission hearing), and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10, 2006 (for Planning & Zoning Commission hearing), and May 13, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Existing homes and vacant land b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, much of which has been recently approved for residential developments c. Adjacent Land Use and Zoning 1. North: Proposed Basin Creek Subdivision, zoned R-4. 2. East: LDS Church, zoned RUT. 3. South: Proposed Tustin Subdivision, zoned R-4. 4. West: Existing residences in Larkwood Subdivision, zoned RUT. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This development is proposing to sewer via extension of mains planned in Tustin Subdivision to the south. Location of water: This development is proposing water service via extension of mains planned in Tustin Subdivision to the south. Issues or concerns: The need for a second water connection. 2. Vegetation: None. 3. Flood plain: None. 4. Canals/Ditches/Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: R4 7. Size of Property: 11.50 acres f. Subdivision Plat Information 1. Residential Lots: 28 2. Non-residential Lots: 0 3. Total Building Lots: 28 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 31 Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 7. Open Lots: 3 8. Residential Area: 11.50 acres 9. Gross Density: 2.44 units per acre (2.67 net density) g. Landscaping 1. Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: .697 acres/6.06% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R-4 zone for detached single family i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the western portion of the development will be from Larkwood Place and access to the eastern portion of the development will be from a proposed extension of Sun Shimmer Avenue from Tustin Subdivision to the south. Please see ACHD report for details. 7. COMMENTS MEETING On February 24, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities of three dwellings per acre or less (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 28 single-family lots on 11.50 acres for a gross density of 2.44 dwelling units/acre. Staff finds that the proposed development is in general compliance with the Comprehensive Plan, and the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 4 R-4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the western portion of the development will be from Larkwood Place and access to the eastern portion of the development will be from a proposed extension of Sun Shimmer Avenue from Tustin Subdivision to the south. Please see ACHD report for details. 7. COMMENTS MEETING On February 24, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities of three dwellings per acre or less (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 28 single-family lots on 11.50 acres for a gross density of 2.44 dwelling units/acre. Staff finds that the proposed development is in general compliance with the Comprehensive Plan, and the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sherds 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. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal][[, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the adjacent subdivision. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed residential properties to the south and north are compatible with the proposed development, and that the existing residences to the west have been buffered with appropriately sized lots. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 5 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HI[NG DATE OF MAY 23, 2006 The subject application includes a request for the R-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal H, Objective A, Action 6) One stub street has been provided to the large, undeveloped parcel to the north which is proposed to be developed similar to the subject parcel and a connection has been proposed to the approved stub from the south from Tustin Subdivision. (See AChD report for details). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on January 26, 2006 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations: Staff feels that it may be appropriate to require the applicant to amend their annexation request on the western portion of the subdivision, which takes access from Larkwood Place, to the R-2 zoning district, instead of the R4 which is proposed. This would be a more appropriate Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 transitional zoning from Larkwood Subdivision, and would ensure that lots on Larkwood Place remain at the 12,000 square foot minimum of the R-2 zone to protect the transitional lot sizes/densities prescribed by the Comprehensive Plan. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining whether this may be an appropriate modification to the proposal. PRELEMIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. I. Landscaped Open Space: The applicant is proposing to set aside .697 acres (6.06% of the property) for open space and staff is supportive of the design. The applicant has proposed a tot lot and pedestrian pathway as part of the open space design. 2. Connection to Larkwood Place: The Ada County Highway District did not require a street connection to Larkwood Place and staff supports this position. Larkwood Place is a substandard rural road that was never intended to handle large volumes of traffic. A street connection to Larkwood Place would not benefit the general area in terms of traffic flow and the surrounding area has developed with excellent vehicular connectivity with recent subdivisions such as Saguaro Canyon, Tustin, Arcadia, and Basin Creek. The applicant has provided a pedestrian connection to Larkwood Place on Lot 8, Block 3 and staff finds that requiring a street stub would not benefit the City or the residents of the area. Lot 8, Block 3: The Public Works Department has required that the portion of Lot 8, Block 3 which is located between Lots 14 and 15, Block 3 should be increased to 30 feet in width for location of a City of Meridian sewer main. The applicant shall revise the plat to reflect this requirement and coordinate with the Public Works Department for appropriate sizing of the proposed pathway for access the sewer main. 4. No Parking: No on -street parking shall be allowed along Lot 8, Block 1 and Lot 8, Block 3, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 5. Accessory Buildings:. The accessory buildings located on proposed Lots 6, 7, and 16, Block 3, shall be removed prior to signature on the final plat for the subdivision. 6. Minimum House Size: The R-4 zone has a minimum house of 1,400 square feet and all homes within the proposed subdivision shall meet this requirement. 7. Pressure Irrigation: ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 7 CITY OF MERIDIAN PLW* DEPARTMENT STAFF REPORT FOR THE H -WG DATE OF MAY 23, 2006 8. Fencing: The applicant has not submitted a detailed fencing plan (on the landscape plan dated January 12, 2006) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 9. Common Areas: Maintenance of all common areas shall be the responsibility of the Cardigan Bay Home Owners' Association. 10. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Staff recommends approval of AZ -06-010 and PP -06-008 for Cardigan Bay Subdivision as presented in the staff report for the hearing date of April 20, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: January 13, 2006) 2. Landscape Plan (dated: January 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 8 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 23, 2006 A. Drawings 1. Preliminary Plat (dated: January 13, 2006) �emt loll NII GASDI"N BAY 8umalrum Exhibit A w��®• cDu�i fir.. dram ¢ Biaf40W (1aC R0 ®4YY Y4 ®ORY!'@!R 4 I6LO �WO.0 OY CITY OF MERIDIAN PLAN[* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF MAY 23, 2006 2. Landscape Plan (dated: January 12, 2006) Exhibit A CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE WING DATE OF MAY 23, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated January 26, 2006, stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Engineering Solutions, dated January 13, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-010) shall also be considered conditions of the Preliminary Plat (PP -06-008). 1.2.2 No on -street parking shall be allowed along Lot 8, Block 1 and Lot 8, Block 3, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 1.2.3 The applicant shall revise the plat to increase the width of the portion of Lot 8, Block 3 which is located between Lots 14 and 15, Block 3 to 30 feet in width for location of a City of Meridian sewer main. The applicant shall revise the plat to reflect this requirement and coordinate with the Public Works Department for appropriate sizing of the proposed pathway for access to the sewer main. 1.2.4 All homes within the subdivision shall contain at least 1,400 square feet of living area. 1.2.5 Maintenance of all common areas shall be the responsibility of the Cardigan Bay Subdivision Homeowners' Association. 1.2.6 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2.8 All lots fronting N. Larkwood Place shall be zoned R-2 and contain a minimum living area of 1,500 square feet. The applicant shall submit new legal descriptions for this development, prior to recordation of the annexation ordinance. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT Exhibit B CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. The ACHD approval does not require that the applicant provide sidewalks for the lots that front Larkwood Place. However, the applicant is not exempt from UDC 11-3A-17 (which does requires sidewalks) unless the City Council approves a variance from that standard. Prior to submittal of the final plat for lots 13 through 18 of Block 3, the applicant shall obtain approval for a variance If the applicant is not successful in obtaining a variance, they shall construct the required sidewalks 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Tustin Subdivision. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Tustin Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF MAY 23, 2006 main size and routing with Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains not located in the right-of-way. 2.3 This development shall have two water main connections prior to occupancy. 2.4 The applicant shall be required to install sewer and water mains along the full frontage of N. Larkwood Place. 2.5 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the existing houses. 2.6 The applicant shall increase the size of the common lot that contains the sewer and water mains to 30 -foot in width. Additionally if there is a manhole located in the pedestrian path as depicted on the plat, the applicant shall install a 14 -foot wide all-weather access road per City of Meridian Standard Specifications. 2.7 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.9 Per UDC 11 -313-6-E the applicant shall locate the pressurized irrigation pump station in a common lot, but can not be located in required landscape buffers. 2.10 Staff recommends but does not require that the temporary turnaround be recorded as a separate document to aid in the eventual vacation. 2.11 All existing structures not meeting setback requirements shall be removed prior to signature on the final plat by the City Engineer. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 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. 2.14 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. 2.15 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. 2.16 All development improvements, including but not limited to sewer, fencing, micro -paths, Exhibit B CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 !/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". Exhibit B CITY OF MERIDIAN PLAN1* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application. Exhibit B CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HIJ&NG DATE OF MAY 23, 2006 7. ADA COUNTY HIGHWAY DISTRICT of -curb to back -of -curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development Concrete sidewalks shall be a minimum of 5 -feet in width unless they are separated from the curb 5 -feet or more In which case the sidewalk shall be a minimum of 4 -feet in width. Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to safely channel traffic. The roadway on either side of the traffic island should maintain a minimum of a 21 -foot street section. District policy also requires any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat The design should be reviewed and approved by ACHD's Development staff. Staff Comment/Recommendation: The applicant will be required to construct the internal street section as a standard 36 -foot street within 50 -feet of right-of-way complete with rolled curb, gutter and 5 -foot concrete sidewalk. 2. North Larkwood Place North Larkwood Place is proposed to provide access to four additional single family residences. Since North Larkwood Place Is not likely to substantially redevelop In the future, curb, gutter and sidewalk is not required. I Stub Street Policy: District policy 7203.5.1 states that the street design In a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. It a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non -continuous streets." District policy 7205.5 states that stub streets will be required to provide intra -neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described In Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150 -feet A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub street'must meet the following conditions: Staff Comment/Recommendation: This development is dependent on the construction of stub streets proposed by preliminary subs to north and south.. The Tustin stub street should be continued north from the south property line to the point where It aligns and connects with the Basin Creek stub located on the north property line. No connection to North Larkwood Place is proposed and no connection will be required. C. Site Specific Conditions of Approval Construct the internal street as a 36 -foot street section within 50 -feet of right-of-way complete with rolled curb, gutter and 5- foot concrete sidewalk. 2. Locate the island as proposed, 300 -feet north of the south property line (property line to near edge). Construct the roadway with 21 -foot street sections on each side of the island. Cardigan Subdivision Exhibit B CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE RWG DATE OF MAY 23, 2006 3. Extend the stub street on the south property line, provided by the Tustin Subdivision located approximately 165 -feet west of the southeast property line (measured centerline to property line), north to the northern property line to connect with the stub street looted approximately 165 -feet west of the northeast property line. 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact the Districts Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be In accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered In the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to Issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. it Is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant The applicant shag 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. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District Cardigan Subdivision Exhibit B CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. 1/iclnity Map 2. Site Plan 3. Request for Reconsideration Guidelines OR Appeal Guidelines 4. Development Process Checklist Plat s r -1 `\ RUT A � LJ 6 Exhibit B 3 R-4 Cardigan Subdivision CITY OF MERIDIAN PLANO DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 23, 2006 C. Legal Description 5.0801-r2.doo professional ,Land Surveyors Exhibit C CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 23, 2006 Kum9 mc.z= west mid section line South 89°54'28" F•.est, 335.22 feet to the Point ming. Conte 6.53. acres, more or lis. Exhibit C CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE WANG DATE OF MAY 23, 2006 Matj 30 20OG G:30RM Engineering Solutions 208 938 0941 p.4 R% POW OF 05 ZME S 8 28_ E 812.01' N 89'94'281M 78,3.911' 1— "_ 1/4 1+ � gill 1-- — — — — — — _ _ 31 T32 E Mo NUM 0 N N 8847'41 W 823.35 CURVE TABLE Exhibit C mm TION LOM aim ow CHM on DELTA C1 377.00 170.93 169.47 N 1724'38' E 2558'40' C2 20.00 17.45 18.90 5 25'28'07' W 4759'41" C3 50A0 123.98 94.88 N 20'38'22' W 142'02'40' SAE 1 �-ENGINEERING PROPOSED ZONING, CARDIGAN BAY SUBDIVISION SOLUTIONS.SHEET orrO..aw>E os/xa/as � W. 50 LOCATED IN THE SE 1/4 OF SECTION 30 TAA, R.1 E.. S.M., MERfD1 N. ADA COUNTY, IDAHO 'GO L ANcm wRwr, S'n e pl.. ��' "H' 83818 (�9) 93D--0�0 Fmk (2W)as-M41 1 OF 1 AMI-20mmoa Ri Exhibit C CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 23, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family detached residential uses are allowed within the requested zoning district of R4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Council relies on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-2 and R4 would be in the best interest of the Ci 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D • June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Big River, LLC ITEM NO. 5-0 REQUEST Findings: Request for Preliminary Plat approval of 28 building lots and 3 common lots on 11.50 acres in a proposed R-4 zone for Cardigan Bay Subdivision — 5450 and 5500 Larkspur Way: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Altcched 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: .4 ' Date: p Phone: S ff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 2 2006 eridian C�-Wrca�r .rye erk Office eridia-n��. 1`44 In the Matter of Annexation and Zoning of 11.50 acres from RUT (Ada County) to R-4 and R-2 (Medium Low -Density Residential) AND Preliminary Plat approval of 28 single-family residential building lots and 3 common lots on 11.50 acres, for Cardigan Bay Subdivision, by Big River, LLC. Case No(s).: AZ -06-010 and PP -06-008 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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 stamped January 13, 2006 by Engineering Solutions LLP is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The Council amended the specific condition requiring installment of sidewalks along Larkwood Place. b. The Applicant must obtain a variance before submittal of final plat to City Council (Staff determined after further study that under UDC 11- 3A -17D that a variance was required for amendment). 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 2 of 4 0 • 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 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 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 3 of 4 0 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 6� day of VOTED*�v VOTED 7 VOTED_w VOTED 11'10S4 -A -r VOTED Ne ATTEST: G. BERG, Copy served upon: de WEERD JR. CLx ''rte T Ito - `a °Nee+� veaaae��o Applicant �er� —� Planning Department ✓ Public Works Department City Attorney By: Dated: U - 9 - O l4 C' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-010 / PP -06-008 - PAGE 4 of 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE MNG DATE OF MAY 23, 2006 STAFF REPORT Hearing Date: 5/23/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Cardigan Bay Subdivision • AZ -06-010 C'PiY F11F .LF 1f ... NlCnaian � d'f_kf fcE,''j. Annexation and Zoning of 11.50 acres from RUT (Ada County) to R4 zone • PP -06-008 Preliminary Plat of 28 single-family building lots and 3 common lots on 11.50 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Big River, LLC has applied for Annexation and Zoning (AZ) of 11.50 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) and Preliminary Plat approval of 28 single family residential lots and 3 common lots on 11.50 acres. The site is located west of N. Locust Grove Road and north of McMillan Road. This site currently contains two homes which are proposed to remain and a portion has been previously platted as a part of Larkwood Subdivision. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -06-010 and PP -06-008 for Cardigan Bay Subdivision as presented in the staff report for the hearing date of May 23, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on April 20, 2006. At the public hearing they moved to recommended approval. a. Summary of Public Hearing: i. In favor: Sheri Stiles (representing the Applicant) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Change zone of lots fronting N. Larkwood Place, on the western portion of plat, from R-4 to R-2. c. Key Commission Changes to Staff Recommendation: i. Added Condition 1.2.8 to Exhibit B, to reflect zoning change for all lots fronting N. Larkwood Place from R4 to R-2 with the required minimum living area of 1,500 square feet. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE I CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE R41NG DATE OF MAY 23, 2006 Approval (All Applications) After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -010 and PP -06-008 as presented in the staff report for the hearing date of May 23, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial (All Applications) After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 010 and PP -06-008 as presented in the staff report for the hearing date of May 23, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-010 and PP -06-008 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: W of N. Locust Grove Road and N of McMillan Road/ 5450 and 5500 Larkwood Place Section 30, T4N R1E b. Owners: David and Rebecca Callister/ Troy and Tawnee Palmer 1903 E. Wilson, Apt. A/ 5450 N. Larkwood Place Meridian, ID 83642 c. Applicant: Big River, LLC 1903 E. Wilson, Apt. A Meridian, ID 83642 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): January 13, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 12, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 2 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 c. Newspaper notifications published on: April 3 and 17, 2006 (for Planning & Zoning Commission hearing), and May 1 and 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning & Zoning Commission hearing), and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10, 2006 (for Planning & Zoning Commission hearing), and May 13, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Existing homes and vacant land b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, much of which has been recently approved for residential developments c. Adjacent Land Use and Zoning 1. North: Proposed Basin Creek Subdivision, zoned R-4. 2. East: LDS Church, zoned RUT. 3. South: Proposed Tustin Subdivision, zoned R-4. 4. West: Existing residences in Larkwood Subdivision, zoned RUT. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This development is proposing to sewer via extension of mains planned in Tustin Subdivision to the south. Location of water: This development is proposing water service via extension of mains planned in Tustin Subdivision to the south. Issues or concerns: The need for a second water connection. 2. Vegetation: None. 3. Flood plain: None. 4. Canals/Ditches/Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: 11.50 acres f. Subdivision Plat Information 1. Residential Lots: 28 2. Non-residential Lots: 0 3. Total Building Lots: 28 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 31 Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 7. Open Lots: 3 8. Residential Area: 11.50 acres 9. Gross Density: 2.44 units per acre (2.67 net density) g. Landscaping 1. Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: .697 acres/6.06% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R4 zone for detached single family i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the western portion of the development will be from Larkwood Place and access to the eastern portion of the development will be from a proposed extension of Sun Shimmer Avenue from Tustin Subdivision to the south. Please see ACHD report for details. 7. COMMENTS MEETING On February 24, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities of three dwellings per acre or less (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 28 single-family lots on 11.50 acres for a gross density of 2.44 dwelling units/acre. Staff finds that the proposed development is in general compliance with the Comprehensive Plan, and the following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 4 R4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the western portion of the development will be from Larkwood Place and access to the eastern portion of the development will be from a proposed extension of Sun Shimmer Avenue from Tustin Subdivision to the south. Please see ACHD report for details. 7. COMMENTS MEETING On February 24, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities of three dwellings per acre or less (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 28 single-family lots on 11.50 acres for a gross density of 2.44 dwelling units/acre. Staff finds that the proposed development is in general compliance with the Comprehensive Plan, and the following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIWG DATE OF MAY 23, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the adjacent subdivision. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed residential properties to the south and north are compatible with the proposed development, and that the existing residences to the west have been buffered with appropriately sized lots. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 5 CITY OF MERIDIAN PLANN&DEPARTMENT STAFF REPORT FOR THE H141ING DATE OF MAY 23, 2006 The subject application includes a request for the R-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) One stub street has been provided to the large, undeveloped parcel to the north which is proposed to be developed similar to the subject parcel and a connection has been proposed to the approved stub from the south from Tustin Subdivision. (See ACHD report for details). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on January 26, 2006 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations: Staff feels that it may be appropriate to require the applicant to amend their annexation request on the western portion of the subdivision, which takes access from Larkwood Place, to the R-2 zoning district, instead of the R-4 which is proposed. This would be a more appropriate Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 6 CITY OF MERIDIAN PLANN06EPARTMENT STAFF REPORT FOR THE HE&G DATE OF MAY 23, 2006 transitional zoning from Larkwood Subdivision, and would ensure that lots on Larkwood Place remain at the 12,000 square foot minimum of the R-2 zone to protect the transitional lot sizes/densities prescribed by the Comprehensive Plan. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining whether this may be an appropriate modification to the proposal. PRELEVI NARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Landscaped Open Space: The applicant is proposing to set aside .697 acres (6.06% of the property) for open space and staff is supportive of the design. The applicant has proposed a tot lot and pedestrian pathway as part of the open space design. 2. Connection to Larkwood Place: The Ada County Highway District did not require a street connection to Larkwood Place and staff supports this position. Larkwood Place is a substandard rural road that was never intended to handle large volumes of traffic. A street connection to Larkwood Place would not benefit the general area in terms of traffic flow and the surrounding area has developed with excellent vehicular connectivity with recent subdivisions such as Saguaro Canyon, Tustin, Arcadia, and Basin Creek. The applicant has provided a pedestrian connection to Larkwood Place on Lot 8, Block 3 and staff finds that requiring a street stub would not benefit the City or the residents of the area. 3. Lot 8, Block 3: The Public Works Department has required that the portion of Lot 8, Block 3 which is located between Lots 14 and 15, Block 3 should be increased to 30 feet in width for location of a City of Meridian sewer main. The applicant shall revise the plat to reflect this requirement and coordinate with the Public Works Department for appropriate sizing of the proposed pathway for access the sewer main. 4. No Parking: No on -street parking shall be allowed along Lot 8, Block 1 and Lot 8, Block 3, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 5. Accessory Buildings: The accessory buildings located on proposed Lots 6, 7, and 16, Block 3, shall be removed prior to signature on the final plat for the subdivision. 6. Minimum House Size: The R-4 zone has a minimum house of 1,400 square feet and all homes within the proposed subdivision shall meet this requirement. 7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 7 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HE&G DATE OF MAY 23, 2006 8. Fencing: The applicant has not submitted a detailed fencing plan (on the landscape plan dated January 12, 2006) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 9. Common Areas: Maintenance of all common areas shall be the responsibility of the Cardigan Bay Home Owners' Association. 10. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Staff recommends approval of AZ -06-010 and PP -06-008 for Cardigan Bay Subdivision as presented in the staff report for the hearing date of April 20, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: January 13, 2006) 2. Landscape Plan (dated: January 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Cardigan Bay Subdivision AZ -06-010, PP -06-008 PAGE 8 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 23, 2006 A. Drawings 1. Preliminary Plat (dated: January 13, 2006) s 0 it oil s Psg� a9 Exhibit A "•p e nil Pill lips pCp1 i�L r f� CA�SDY6AN�B•�•�A}Y Y•••t MN �YOV raacsmanmeem NMI IV WHO m�• aacm�ie,• dO� • w•oaa•m •� as m •••aysmn CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE FONG DATE OF MAY 23, 2006 2. Landscape Plan (dated: January 12, 2006) V.W 4 „ Exhibit A CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF MAY 23, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated January 26, 2006, stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Engineering Solutions, dated January 13, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-010) shall also be considered conditions of the Preliminary Plat (PP -06-008). 1.2.2 No on -street parking shall be allowed along Lot 8, Block 1 and Lot 8, Block 3, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 1.2.3 The applicant shall revise the plat to increase the width of the portion of Lot 8. Block 3 which is located between Lots 14 and 15, Block 3 to 30 feet in width for location of a City of Meridian sewer main. The applicant shall revise the plat to reflect this requirement and coordinate with the Public Works Department for appropriate sizing of the proposed Pathway for access to the sewer main. 1.2.4 All homes within the subdivision shall contain at least 1,400 square feet of living area. 1.2.5 Maintenance of all common areas shall be the responsibility of the Cardigan Bay Subdivision Homeowners' Association. 1.2.6 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or he within the area being subdivided shall be covered. 1.2.8 All lots fronting N. Larkwood Place shall be zoned R-2 and contain a minimum living area of 1,500 square feet. The applicant shall submit new legal descriptions for this development, prior to recordation of the annexation ordinance. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT Exhibit B CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF MAY 23, 2006 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. The ACHD approval does not require that the applicant provide sidewalks for the lots that front Larkwood Place. However, the applicant is not exempt from UDC 11-3A-17 (which does requires sidewalks) unless the City Council approves a variance from that standard. Prior to submittal of the final plat for lots 13 through 18 of Block 3, the applicant shall obtain approval for a variance. If the applicant is not successful in obtaining a variance, they shall construct the required sidewalks. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Tustin Subdivision. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Tustin Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF MAY 23, 2006 main size and routing with Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains not located in the right-of-way. 2.3 This development shall have two water main connections prior to occupancy. 2.4 The applicant shall be required to install sewer and water mains along the full frontage of N. Larkwood Place. 2.5 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the existing houses. 2.6 The applicant shall increase the size of the common lot that contains the sewer and water mains to 30 -foot in width. Additionally if there is a manhole located in the pedestrian path as depicted on the plat, the applicant shall install a 14 -foot wide all-weather access road per City of Meridian Standard Specifications. 2.7 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.9 Per UDC 11 -3B -6-E the applicant shall locate the pressurized irrigation pump station in a common lot, but can not be located in required landscape buffers. 2.10 Staff recommends but does not require that the temporary turnaround be recorded as a separate document to aid in the eventual vacation. 2.11 All existing structures not meeting setback requirements shall be removed prior to signature on the final plat by the City Engineer. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled 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. 2.14 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. 2.15 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. 2.16 All development improvements, including but not limited to sewer, fencing, micro -paths, Exhibit B CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE WING DATE OF MAY 23, 2006 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". Exhibit B CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HE&G DATE OF MAY 23, 2006 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application. Exhibit B CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE#G DATE OF MAY 23, 2006 7. ADA COUNTY HIGHWAY DISTRICT of -curb to back -of -curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5 -feet in width unless they are separated from the curb 5 -feet or more in which case the sidewalk shall be a minimum of 4 -feet in width. Island Policy: District policy 7202.7 and 7207.5 require islands to be constructed a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to safely channel traffic. The roadway on either side of the traffic island should maintain a minimum of a 21 -foot street section. District policy also requires any proposed landscape Islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Staff Comment/Recommendation: The applicant will be required to construct the internal street section as a standard 36 -foot street within 50 -feet of right-of-way complete with rolled curb, gutter and 5 -foot concrete sidewalk. 2. North Larkwood Place North Larkwood Place Is proposed to provide access to four additional single family residences. Since North Larkwood Place is not likely to substantially redevelop in the future, curb, gutter and sidewalk is not required. 3. Stub Street Pollcy: District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non -continuous streets." District policy 7205.5 states that stub streets will be required to provide intra -neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150 -feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE°. In addition, a stub street must meet the following conditions: Staff CommentfRecommendation: This development is dependent on the construction of stub streets proposed by preliminary subs to north and south.. The Tustin stub street should be continued north from the south property line to the point where it aligns and connects with the Basin Creek stub located on the north property line. No connection to North Larkwood Place is proposed and no connection will be required. C. Site Specific Conditions of Approval Construct the Internal street as a 36 -foot street section within 50 -feet of right-of-way complete with rolled curb, gutter and 5- foot concrete sidewalk. Locate the island as proposed, 300 -feet north of the south property line (property line to near edge). Construct the roadway with 21 -foot street sections on each side of the island. Cardigan Subdivision Exhibit B CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 3. Extend the stub street on the south property line, provided by the Tustin Subdivision located approximately 165 -feet west of the southeast property line (measured centerline to property line), north to the northern property line to conned with the stub street located approximately 165 -feet west of the northeast property line. 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right -of --way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact the District`s Utility Coordinator at 387-6258 (with file numbers) for details. 7. Ail design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road Impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road impact Fee Ordinance. 11. it is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant The applicant shall be required to call DiGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicants 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 Cardigan Subdivision Exhibit B CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF MAY 23, 2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, If all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are Intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines OR Appeal Guidelines 4. Development Process Checklist P, Exhibit B Plat =-gamma ani Cardigan Subdivision CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HHIONNG DATE OF MAY 23, 2006 C. Legal Description 6.0801-�l.doo Professional .Land Surveyors Exhibit C CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HBWG DATE OF MAY 23, 2006 Exhibit C CITY OF MERIDIAN PL?ANNIODEPARTMENT STAFF REPORT FOR THE HEJO 1G DATE OF MAY 23, 2006 May 30 200G 6:30AM Engineering Solutions 208 938 0941 p.4 t POW OF SSIMM40 ME N 69'94'2ft M.01' 1/4 270.79 3 �30Z9 R-4 r of ea a� lit '�--J L ---I' q 1 �l8 C>g — -.0w. W30 � _�.- — AVL-- 31 T32 E 'iiII1N1 RQ 1 Iy I �----- ----'7 j-----� _28812' IN 8847'47-25 M -5 823 CURVE TABLE am Wo Lam CHORD ow CHORD 888. WTA C1 377.00 170.83 189.47 N 1724V E 25'58'40' C2 20.00 17.45 18.90 5 ZS26'07' W 49'59'41" C3 5000 123.88 94.58 N 20'38'22' W 142'02'40' WAE 1. 200' PROPOSED ZONINGENGINEERING DiY XIE 05/24/06 bkb W. 50801 CARDIGAN BAY SUBDIVISION SOLUTIONS. SHEET 1 OF 1 LOCATED IN THE SE 1/4 OF SECTION 30 1bD E. A�CENS MV, sum' a TAN., R.1 E., B.M., MERM4N, ACOUNTY, IDAHO phase (tee F- (W) DA Us -ml J50801-z4MNG.DNB Exhibit C CITY OF MERIDIAN PLANIODEPARTMENT STAFF REPORT FOR THE HONG DATE OF MAY 23, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family detached residential uses are allowed within the requested zoning district of R4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Council relies on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-513-3.E). The R4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-2 and R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HdWG DATE OF MAY 23, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D i June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 AZ 05-062 APPLICANT The Gables, LLC ITEM NO. 5-P REQUEST Development Agreement -- Request for Annexation and Zoning of 5.11 acres from RUT to R-8 zones for Sharp Estates Subdivision – 2445 North Wingate Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: Date: Phone: ?j,»C���j — Emailed: $�,C olbL.� Staff Initials: zje— Matert presented at pub8c meefb4s shall become property of the City of Meridian. . ADA COUNTY RECORDER J. DAY NAYARRO AMOUNT .00 38 BOISE IDAHO 06/16/06 10:44 A DEPUTY D—R Haney III'II'IIIII'�'IIIIIIIII'I'III'II'll RECORDED—REQUEST OF Meridian City 106096028 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sharper Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this N% day of� , 2006, by and between City of Meridian, a municipal corporation of the State of I o, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, hereafter called "CITY", and Sharper Investments, LLC, whose address is 1883 N. Wildwood Avenue, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER". RECITALS: 1 WHEREAS, "Owner/Developer" is the sole 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, 1. C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" makes a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the. "Property" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 1 OF 9 responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4h day of April, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Development Ordinances codified in the Unified Development Code adopted October 19, 2006 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 2 OF 9 subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to SHARPER INVESTMENTS, LLC, whose address is 1883 N. Wildwood Avenue, Boise, Idaho 83713, the party who owns and is developing said "Property" and shall include any subsequent owners and developers of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" µlocated in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified in the Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 5. 1.1 That homes on lots 1 to 8, Block 2, along the northern boundary of the property, either single story homes or homes with bonus rooms that have windows facing south (street) will be allowed (no second story windows facing north). 5.1.2 That lots 1 to 8, Block 2, are to be at least 60 -feet wide. 6• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 3 OF 9 agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 " That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer and if Owner/Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developer", or "Owner/Developers"' heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: `City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 4 OF 9 re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or—in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (3 0) days after delivery of notice of said breach to correct the same prior to -the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agree to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 5 OF 9 • 0 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the subdivision improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Sharper Investments, LLC 1883 N. Wildwood Avenue Boise, ID 83713 16.1 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. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 6 OF 9 9 0 determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION PAGE 7 OF 9 0 0 the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22• EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN :WITNESS WHEREOF, the parties have herein executed this agreement and made if effective as hereinabove provided. OWNER/DEVELOPER SHARPER INVESTMENTS, N By: Ronald D. Sargent CITY OF MERIDIAN BY: G�h� MAYO de WEERD �f m Attest: WILLIAM G. BERG, JR., IT'S 49, �1 \ /y'//,�IIIIP99s1 ►tiQ6iA6���'`!\\ DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION 11 STATE OF IDAHO, ) ss County of Ada, ) On this,,24- day of � 2006, before me, the undersigned, a Notary Public in and for said State, personally app aced Ronald D. Sargent, known or identified to me to be the k a ILI" of Sharper Investments, LLC, acknowledged to me that he executed the same o ehalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _: p STATE OF IDAHO ) ss County of Ada ) Notary blic for Idaho Residing at:Reskding in Boise, Idaho My Commission Expires: • OB -22-t1 On this L01' day of Sone. , 2006, before me, allotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (, -k ALM ;A 0 Q l� Notary Public for Idaho Residing at: CD Id L k j � � ! h Commission expires: r) - DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION T A -- A -- ^ Exhibit A Property Description Sharp Estates The South Half of the Southeast Quarter of the Northwest Quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at a 5/8 inch rebar marking the Center Quarter Corner of said Section 5; thence, along the south line of the Southeast Quarter of the Northwest Quarter of said Section 5, North 89°39'53 West a distance of 670.99 feet to a 5/8 inch rebar marking the Southwest Corner of the Southeast Quarter of the Northwest Quarter of said Section 5; thence, along the west line of the Southeast Quarter of the Northwest Quarter of said Section 5, North 00°2736" East a distance of 331.92 to the Northwest Corner of the South Half of the Southeast Quarter of the Northwest Quarter'of said Section 5; thence, along the north line of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 5, South 891138'06" East a distance of 671.07 feet to a 5/8 Inch rebar marking the Northeast Comer of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 5; thence, along the east line of the Southeast Quarter of the Northwest Quarter of said Section 5, South 00°2828" West a distance of 331.57 feet to the Point of Beginning. Containing 5.11 acres, more or less. Subject to any existing easement affecting the above described parcel of land, written, unwritten, recorded, or unrecorded. che, PLS 9584 PASargent\Shatp Estates\Drawings\Survey\property descrition.doc Tirtasure Vilf e Ftvgip, Inc. 5680 F. Frac\kPa; Rd, Suirs 220 Nampa. Idaho 83687 November t4, 2005 Officc. 008) 4hh-[.1305 Far: (208'146;-43o; V,fww. Tf,easureVallevEngineers. com 0 Exhibit "B° CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECRIVP14D APR 12 2w City of Meridi"M ler°k ice (>Weari .7� Limit, In the Matter of Annexation and Zoning of 5.11 acres from RUT (Ada County) to R-8 (Medium -Density Residential) AND Preliminary Plat approval residential building lots and 2 common lots on 11 acres, for Sharp Estates Subdivision, b The Gables, LLC. y Case No(s).: AZ -05-062 and PP -05-062 For the City Council Hearing Date of. March 7, 2006 and April 4, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March erence) 7, 2006 incorporated by ref 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the d Use Lan Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. "Local ocal§67-6an 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. § CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-062 / PP -05-062 - PAGE I of 4 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public -facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision which shall be signed by the Mayor and City Clerk and then a co the applicant, the PlanningD D served by the Clerk upon 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 March 7 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 based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: by 1. The applicant's Preliminary plat as evidenced by having submitted the Preliminary stamped December 1, 2005 by Lance Warnick Plat conditionally approved; (Revised 12/1/05) is hereby 2. The following modifications to site specific conditions hearing: were made at the City Council a. Requiring a Development Agreement in which the applicant aees: gr 1. For homes on Lots 1 to 8, Block 2, along the northern boundary of the property, either single story with bonus rooms that have windows facing south (street) will be allowed (no second story windows facing north). 2• For Lots 1-8, Block 2, to be at least 60 -feet wide. I The site specific and standard conditions of approval are as shown in the atta Report for the hearing date of March 7, 2006 incorporated by reference. ched Staff D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary plat Duration Please take notice that approval of a preliminary plat, plat, or short plat shall become null and void if the applicant fails mbined Preliminary o d a final is within two (2) years of the approval of the Preliminaryp Year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-062 / PP -05-062 - PAGE 2 of 4 the preliminary plat is made in successive phases in an orderly and reasonable manner and conforms substantially to the approved preliminary plat, such se gm if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary1 written and filed by the applicant prior to the termination of the period in accpo�d with 11 6B --est 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 Director or City Council may require the preliminaryBrat co With all extensions, the final plat or short plat to ary comply with the current provisions of Meridmb ed ian Cin ity ode rel d 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 p again. Procedure 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 t Such request must_lie'in writing, and must be filed with the city Clerk of analysis. 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 twee this decision and order seek a judicial review as provided byt Ch pteiy52,ftTitle6 date Idaho Code. F. Attached: Staff Report for the hearing date of March 7, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS CASE NO(S). AZ -05-062 / PP -05-062 - PAGE 3 of 4 OF LAW AND DECISION &ORDER 0 • By action of the City Council at its regular meeting held on the' Apn 2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED,, COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUN TSE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY.de WEERD VOTED- MAYORS, OTED MAYOR•+ "d-*WEERD ATTEST:T, 9 WII-LIAM G. BERG, JR., TTY CLERK Copy served upon: Applicant, ✓ Planning Department Public Works Department City Attorney B Dated: �~ -� 7 -ou City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-062 / PP -05-062 - PAGE 4 of 4 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAVG DATE OF MARCH 7, 2006 STAFF REPORT Hearing Date: 3/7/2006 TO: Planning & Zonis Commission mmission FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: r. E It a ; Yr t- jar, Sharp Estates Subdivision AZ -05-062 Annexation and Zoning of 5.11 acres from RUT (Ada County) to R-8 (Medium -Density Residential). PP -05-062 Preliminary plat approval of 25 single-family residential building lots and 2 common lots on 5.11 acres in a proposed R-8 zone. 1. SUMA ARY DESCRIPTION. OF APPLICANT'S REQUEST The applicant, The Gables, LLC, has applied for Annexation and Zoning (AZ) to R-8 Density Residential.) --for 5.11 acres of property currently zoned RUT in Ada county. (Medium located south of Packard Acres Subdivision No. 3, on the west side of Wingate The side is approximately %z mile south of Ustick Road. Currently, there is a single-family home and associated outbuildings on this site. The site has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on Jan February 2, 2006. At the February 2, 2006 public hearing they moved to recommend a 2006 and pproval. a. Summary of Public Hearing: i. In favor: Ron Sargent (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Ted Baird, Anna Canning, Mike Cole b. Key Issues of Discussion by Commission: i. Pathway on south of project and to the west and east, ii. Wingate Lane and vacating interest in the easement. c. Key Commission Changes to Staff Recommendation: i. The Commission voted to amend Condition 1.1.5 of Exhibit B by requiring the applicant to terminate or vacate their interest in the Wingate Lane private road agreement, all the way to Ustick Road. d. Outstanding Issues) for City Council: i. None The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of aproval for the requested Annexation and Zoning and preliminary Zonis Commission is recommendin a roval of thero p osed SPlat ppliEstates Subdivisanon �d OS -062 and PP -OS -062 with the conditions listed in Exhibit B of the Staff R ort. Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 1 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEART G DATE OF MARCH 7, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Number 05-062 and PP -05-062 as presented in Staff Report for the hearing date of March 7, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 05 -062 and PP -05-062 as presented in the Staff Report for the hearing date of March 7, 2006 for the following reasons: (You should state specific reasons for del YOU must state specific reason(s) for denial of the plat.) niaof the annexation and Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -05-062 and PP -05-062 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2445 N. Wingate Lane; approximately 2 mile south of Ustick Road and %2 mile west of Eagle Road / 3N1E5 b. Owner: Dale & Helen Sharp 2445 N. Wingate Lane Meridian, Idaho 83642 c. Applicant: The Gables, LLC 1771 N. Wildwood, #200 Boise, Idaho 83713 d. Representative: Ron Sargent e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 5.11 acres to R-8 and Pre ary Plat approval of single-family buildable lots and 2 common lots. All of the homes�th the development 25areProposed to be single-family detached. All of the proposed lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 6,307 square feet. The gross density of the project is 4.9 dwelling units per acre. Just over 10% (approximately %2 of an acre) of the site is being set aside for open space. The applicant is Proposing to construct an east -west, 10 -foot wide pedestrian path within the southern common lots. 1. Date of preliminary plat (attached in Exhibit A): 12/1/05 Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAIRG DATE OF MARCH 7 2 006 2. Date of landscape plan (attached in Exhibit A): 11/15/05 h. Applicant's Statement/Justification: The subdivision is to have 25 buildable lots on 5.11 acres with .53 acres of open space. A thirty foot wide pathway will be constructed along the south side of the property with the potential to connect from theproperty west and east. There will also be common area on either side of Devlin Ave at the southern entrance to the subdivision (please see Applicant's Submittal Letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Jan Zoning Commission, hearin uar' 2 and January 16' 2006 (for Planning & g) and February 13 and 27, 2006 (for City Council hearing). d. Radius nfltices mailed to properties within 300 feet on: December 23`d, 2005 for Planning & Zoning Commission hearing) and February 10, 2006. e. Applicant posted notice on site by: January 23, 2006 (for Planning & Zoning Commissio hearing) and February 24, 2006 (for City Council hearing). n 6. LAND USE a. Existing Land Use(s): There is a single-family home and some associated outbuildings on this site. b. Description of Character of Surrounding Area: This is an infill development. All of the parcels surrounding thus property are part of city -approved residential subdivisions. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Packard Acres Subdivision, zoned R-4 2. East: Single-family lots within Packard Acres Subdivision, zoned R-4 3. South: Single-family lots within Kearney place Subdivision, zoned R-8 4. West: Single-family lots within Chateau Meadows Subdivision, zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There's currently sewer in N. Devlin Avenue both on the north and south side of this property. Location of water: There are water stubs to the north and south of this parcel in N. Devlin Avenue. Issues or concerns: None. 2. Vegetation: There are several existing trees on this property that need to be Protected during construction, or be mitigated for. Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 3 CITY OF MERIDIAN PLANNINWARTMENT STAFF REPORT FOR THE HEAVG DATE OF MARCH 7, 2006 3. Floodplain: N/A 4. Canals/Ditches Irrigation: Any open irrigation ditches, laterals and canals, should b tiled when this property develops. e 5. Hazards: 'Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R--8 (Medium -Density Residential) 7. Size of Property: 5.11 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots:.. 27 7. -Gross Density: 4.9 units per acre (net density is 6.0 d.u./acre) g. Landscaping 1. Width of street buffer(s): Street buffers local streets. are not required on any of the internal, 2. Width of buffers) between land uses: N/A 3. Percentage of site as open space: 0.53 acres/10.4% 4. Other landscaping standards: Landscaping adjacent to micro -paths should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). See Section 10, Analysis below. h. Amenities: Ten percent open space and pedestrian pathways. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: RR_8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk)* 15 15 Side Accessed Garage (to sidewalk)* 15 15 Front Accessed Garage (to sidewalk)*20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (on common driveway) 10 10 Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 4 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAPG DATE OF MARCH 7, 2006 Frontage (alley loaded garage) N/A 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage N/A 4,000 *See Common Driveway in Section 10, Analysis below for required standards for lots adjacent to a common driveway. k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: streets to the roe Although there are two public stub property, �Y, access is currently taken from Wingate Lane, a private street. The applicant is proposing to abandon any interest in Wingate in the subdivision via Devlin Avenue stub street extensions from the Lane and north (throuovide ghtpahe�lodts Acres) and south (through Kearney place). All of the internal streets are local streets with either a 34 -foot wide or 36 -foot wide street section (measured back of curb to back of curb) and contain sidewalks that are attached to the back of the curb. Staff is supportive of the Proposed street system. For a detailed report on all of ACM,s conditions, please see the ACRD report and Exhibit B. 7. COMMENTS 1 &ETINO On December 30, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department,_ Sanitary Services Company. Staff has includedmments Meridian conditions and recommendedDepartment, and at ions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Pre includes 25 single-family lots on 5.11 acres fora mazy plat finds that the overall density is within the range of a Medium f 4.9 dwelling units/acre. Staff density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): y Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the to be annexed in the following manner: subject property. The City of Meridian plans to provide municipal services to the lands proposed • expense.Sanitary sewer and water service expenwill be extended to the project at the developer's ' 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 Once annexed the lands will be serviced by County Sheriff's Office. the Meridian Police Department (WD). Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE CITY OF MERIDIAN PLANNIN*PARTgENT STAFF REPORT FOR THE HEAROG DATE OF MARCH 7, 2006 The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. will not change. The subject lands are currently serviced by the Meridian School District #2. This service The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking land -use decisions. in all This publication encourages jurisdictions to establish bikeway and walkw construction .and reties in n construction projects, in a manner that is safe, accessible fand lconvenient Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 regular intervals to - Require street connections between subdivisions at enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend two stub streets, one from Packard Acres Subdivision No. 3 (Devlin Avenue), and one form Kea Place Subdivision No. 3 Avenue). There are no undeveloped parcels adjacent to this roe (Devlin applicant has done a nice job of connecting and extending existing stub Staff believes aro e P P may Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide Permanent perimeter fencing to contain construction debris on site and prevent windblown d from entering adjacent agricultural and other properties. ebris Fencing exists along the north, east and west property lines. There is also existing fencing located approximately 30 feet north of the south property line (adjacent to the irrigation ditch) Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct attached sidewalks adjacent to all of the proposed streets, which connect to adjacentproperties. The applicant is also proposing to construct a 10 -foot wide Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 6 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEAR G DATE OF MARCH 7 2006 pathway near the south property line. This pathway will connect with adjacent pedestrian connections in Chateau Meadows to the west and Packard Acres No. Ito the east. Staff is supportive of the proposed pedestrian connections to adjacent properties. See Analysis below for more information about the pedestrian path on the south side of this property. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. This property does not have access to any classified arterial or collector street. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant isproposing a residential zone. Staff finds that the existing single-family residential Propert es to the north, south, east and west are compatible with the proposed development. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential catego(low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, ries condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Chateau Meadows, Kearney Place and Packard Acres No. 3 all obtained R-8 zoning. Packard Acres Subdivision No. 1 obtained R-4 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (4.9 d. u. 's/acre) and zoning (R-8) for this property Staff recommends that the Commission and Council rely on any verbal or written testimonyhat may e. provided at the public hearing when determining if the applicant's zoning and development re�s appropriate for this property. q 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 7 CITY OF MERIDIAN PLANNIN*ARTMENT STAFF REPORT FOR THE HEARIFIG DATE OF MARCH 7, 2006 frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Staff is recommending an alternative to the standard requirement for landscaping adjacent to the pathway on the south side of the development (see Special Considerations in Section 10 below.) 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped. on November 14, 2005 by John Goettsche, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11- :D.2 and Idaho Code 65-6711A rovides the Ci the authority to X it we a property owner to enter intoLal Development Agreement (DA with the Crtv that may reguu a some written commitment for all future uses Staff believes that a DA is necessary to ensure that this roe is develo ed in a fashion that is consistent with the coni rehensive Plan desi2nation and does not ne ativel impact nearby properties At the Aril 4a' Ci111Y Council meetin the Council voted to re uwe a Development Agreement (DA) for this project Included within the DA should be • A provision that limits homes on Lots 1-8 Block 2 to be either sm le_ story or if bonus rooms are provided, they will have windows that face south (towards the street) with no second story windows that face north on said lots. • A provision that requires Lots 1-8 Block 2 to be at least 60 feet wide The applicant shall contact the City Attorney Bill Hary at 8884433 to initiate this proc_ ess 2. PP Application: The proposed preliminary plat Unified Development Code. substantially complies with the Special Considerations: Common Driveway The applicant is proposing to use a common driveway for Lots 4, 5, 6 and 7, Block 1. Staff is supportive of the common driveway proposal. UDC 11- 6C -3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family detached dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. Lots 4, 5, 6 and 7, Block 1 should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 8 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEANG DATE OF MARCH 7, 2006 Plat' Comply with all common driveway provisions listed in UDC 11 -6C -3D. See Exhibit B below. Pathways: The applicant is proposing to construct a 10 -foot wide asphalt pathway along the ' south side of this development. This pathway will tie in with the cinder Pathway to the east in Packard Acres No. 1. The cider pathway in Packard Acres No. 1 then connects to an unimproved path pedestrian connection in this area is hialong the south side of Carol Subdivision. The along by some gates, but eventually terminates at River Valley Elementary School to the east. UDC 11 -3B -12C requires a 5 -foot wide landscape strip on both sides of a micro Pathway with at least 1 deciduous tree being planted every 35 linear feet on both sides of the pathway. However, due to the athwa 1 --or within a Nam a Meridian Irrigation District (1`rn�Tn) easement_ gaff ;o recommends that the landsca a a licant be anted alternative com fiance from the standard renuirement along nathUrave e+. ++ , A49 HFUtMaCnver on both sides of the Lathwav (as allowed by NMID.) See the Landscaping section and Exhibit B below. Landsca ing• The landscape plan prepared by Treasure Valley Engineers, on 11-15- 05, labeled Sheet L1 is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside 10.4% (0.53 acres) of the site for useable open space and provide a 10 -foot wide asphalt pathway within Block 1, and common Lot 18, Block 2, as proposed. common Lot 9, • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed asphalt pathways on Lot 9, Block 1, and Lot 18, Block 2. As an alternative to trees, construct shrubs and other low-lying groundcover on each side of the proposed 10 -foot wide asphalt pathways. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation Plan for the existing trees on site. ' A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape Plan- All standards of installation should apply as listed in UDC 11-3B-14. Submit a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Wingate Lane, a private lane. his property. The applicant is proposing to extend stub streets from the north and south as access to tWingate Lane was created with a private road agreement that was created in 1913. The applicant is proposing to abandon any interest this property has in Wingate Lane. Staff is supportive of this proposal. Staff recommendsthat prior to signature of the final plat by the City Engineer, the applicant be required h copy of a recorded document, a release of dominant parcel interest, for the to submit a interest that this parcel has in Wingate Lane (coordinate the drafting of this document with the Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 9 CITY OF MERIDIAN PLANNINpARTMENT STAFF REPORT FOR THE HEAQG DATE OF MARCH 7, 2006 City's Legal Department.) Further, the applicant should either be required to depict the existing Wingate Lane easement on the face of the final plat, OR terminate/vacate the Private road agreement. NOTE: The buildable area of Lots 10 and 11, Block 2, will be significantly affected if the Wingate Lane private road easement on this property is not vacated. Lot 10, Block 1, will only have about a 29 -foot wide building pad area See Exhibits A and B below. Existing ResidencesBuildings The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. See Exhibit B below. Fencing• The applicant is not proposing to construct any new fencing with this development. There is existing fencing along the north, east and west prop A detailed fencing plan should be submitted upon application of the pertY hues. permanent fencing is not provided before issuance of a catiobuildin final plat. If construction fencing to contain debris must be installed around the temporary Perimeter, common open space, and micro path fencing shall be designed according to UDC 11-3A-7. Fencing adjacent to Lot 6, Block 1 and Lot 18, Block 2, shall be restricted to either 4 -foot solid or 6 -foot open vision (UDC 11-3A-7A7bi). See Exhibit w: B belo Common Areas: Maintenance of all common areas shall be the responsibility of the Sharp Estates Home Owners' Association. See Exhibit B below. Ditches Laterals and "---'--There are existing irrigation ditches that run along and through this parcel. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or he within the area being subdivided shall be covered. See Exhibit B below. Pressure Irri ation• The City of Meridian requires that pressurized irrigation systems be supplied by a year source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary If a single -point connection is used, the develo ew be responsible� system hall for required. lat by the City of assessments for the common areas prior tori p yment Engineer. An underground, pressurized irrigationsystemtem should beal pinstalled to all landscape areas per the approved specifications and in accordance with UDC 15 and MCC 9-1-28. 11 -3A - Density: At the April 4th lots. b. Staff Recommendation: Staff recommends a royal of .the sub'ect a lications AZ -OS - 062 and PP -OS -062 with the conditions listed in Exhibit B of the Staff R ort for the hearing date of Janus 19 2006 11. EXHIBITS A. Drawings Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 10 CITY OF MERIDIAN PLANN"WARTMENT STAFF REPORT FOR THE HANG DATE OF MARCH 7, 2006 1. Preliminary plat (dated: 12-1-05 (revised 3-20_06)) 2. Landscape Plan (dated: 11-15-05) B. Conditions of Approval I. Planning Department 2. Public Works Department I Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Sharp Estates Subdivision AZ-05-062/PP-05-062 PAGE 11 CITY OF MERIDIAN PLANNMOPARTMENT STAFF REPORT FOR THE HEMOG DATE OF MARCH 7,2006 I A. Drawings 1 - Preliminary Plat (dated: 12-1-05 (revised 3-20-06)) 7=7- J5 4-51 ,4. 'v, C�q A 07 4L 5�pit I Of g vs, oiw- ql;m, mill'; 60, rt Exhibit A — Page 1 CITY OF MERIDIAN PLANNIAWpARTMENT STAFF REPORT FOR THE HEARINOATE OF JANUARY 19, 2006 2. Landscape Plan (dated 11-15-05) 'U70 1 1.1 r7—T-1— AA4 it Exhibit A —Page 2 • A SU -1 CITY OF MERIDIAN PLANNIIOPARTMENT STAFF REPORT FOR THE HEARING SATE OF JANUARY 19, 2006 B. Conditions ofApproval - . I. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS=PRELIMINARy PLAT (PP -05-062) 1.1..1 The preliminary plat labeled as P1, prepared by Treasure valley En 2005 (revised 3-20-0 is approved, with the conditions listed Engineers, commendated tsandconditions of the accompanying Annexation and Zoning (AZ -05-062) application shall also be considered conditions of the Preliminary plat (PP -05-062). 1.1.2 The applicant is proposing to use a common driveway for Lots 4, 5, 6 and 7, Block 1. Lots 4, 5, 6 and 7, Block 1 shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement shall be depicted and explained on the face of the final plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11 -6C -3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on Lots 4, 5, 6 and 7, Block 1, on the face of the -final plat. In accordance with UDC 11-3C-6, provide each single-family detached dwelling with a two=car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required parking pad area.) Comply with all common driveway provisions listed in UDC 11 -6C -3D. 1.1.3 UDC 11 -3B -12C requires a 5 -foot wide landscape strip on both sides of a micro pathway with at least 1 deciduous tree being planted every 35 linear feet on both sides of the pathway. Due to the proposed pathway on Lot 9, Block 1, and Lot 18, Block 2, being within a Nampa Meridian Irrigation District (NMID) easement, the applicant is hereby granted alternative compliance from the standard requirement to install trees along side the pathway. In lieu of trees, the applicant shall install shrubs and other low-lying groundcover on both sides of the pathway (as allowed by NMID.) 1.1.4 The landscape plan prepared by Treasure Valley Engineers, on 11-15-05, labeled Sheet Ll is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside 10.4% (0.53 acres) of the site for useable open space and provide a 10 -foot wide asphalt pathway within common Lot 9, Block 1, and common Lot 18, Block 2, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed asphalt pathways on Lot 9, Block 1, and Lot 18, Block 2. As an alternative to trees, construct shrubs and other low-lying groundcover on each side of the proposed 10 -foot wide asphalt pathways (as allowed by NMID). • Per UDC 11 -3G -3E1, install at least one deciduous shade tree per every 8,000 square feet of common open space area, and install lawn, either seed or sod. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit a copy of said plan with the final plat application. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of any buildings. All standards of installation shall apply as listed in UDC 11-3B-14. Exhibit B — Page 1 CITY OF MERIDIAN PLANNIN'OPAR'MENT STAFF REPORT FOR THE HEARIN*TE OF JANUARY 19, 2006 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.5 Prior to signature of the final plat by the City Engineer,the applicant shall submit a co recorded document, a release of dominant parcel interest, for the interest that this parcelhasfm Wingate Lane (coordinate the drafting of this document with the City's Legal Department.) Further, the applicant shall terminate/vacate their interest in the private road agreement all the way to Ustick Road. 1.1.6 Prior to signature of the final plat by the City Engineer, all buildings shall be removed from this site or relocated in compliance with the City Code. 1.1.7 The applicant is not proposing to construct any new fencing with this development. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro path fencing shall be designed acEording to UDC 11-3A-7. Fencing adjacent to Lot 6, Block 1 and Lot 18, Block 2, shall be restricted to either 4 -foot solid or 6 -foot open vision. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sharp Estates Home Owners' Association. 1.1.9 Per UDC 11-ing all waterways being irrigation ditches, laterals or canals, exclusive of natural waterways, and used as amenities, that intersect, cross or he within the area being subdivided shall be covered. plans will need to be approved by lateral users association (ditch owners), withe appropriate irrigation/drainage district, or Public Works Department, th written approval or non -approval submitted. to the 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. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -05-062) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuis storrawater detention facilities incorporated into the approved open space are subject to UDC 11- ances. All 3A-18 and shall be fully vegetated with grass and trees. Sand surface materials shall not be used in open space lots, except gravel or other non -vegetated Where the applicant has submitted a rel' eP permltted under UDC 11-3B. such plan, the landscaping shall be consistent w with landscape plan and where staff has reviewed proposed by staff. If the stormwater detention fplan with mo tio acility cannot be incorporated into the approved difica ns as open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the Exhibit B — Page 2 CITY OF MERIDIAN PL4NNINIOPARTMENT STAFF REPORT FOR THE HE,gRINC,OTE OF JANUARY 19, 2006 facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. annexation and 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension mains in N. Devlin Avenue. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, of easements for any mains that are required to provide servic. Mum co and ver oV ewerforms mains is three feet, if cover from top of pipe to sub -grade is less than three feet ther an alternate materials shall be used -in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N. Devlin Avenue. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall be required to continue the 10 -inch water main in N. Devlin Avenue as opposed to the 8 -inch that is proposed. 2.4 The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District. A letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary "eater system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.8 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 Coun Hi t3' gng pe District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 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. 2.10 All development improvements, including but not limited to sewer, fencing installed pressurized irrigation and landscaping shall be and approved prior, micro- aths, to obtaining Exhibit B — Page 2 CITY OF MERIDIAN PLANNBWPARTMEN STAFF REPORT FOR THE HEARIN#TE OF JANUARY 19, 2006 certificates of occupancy. 2.11 Applicant shall be required to pay public Works development plan review, and construction inspection fees, as, determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the EnvironmentalProtection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be -r6gizired to certify that the street centerline elevations are set a um of 3 -feet above the highest established peak groundwater elevation. This is to ensure that thebottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.19 One hundred watt, high-pressure sodium streetlights shall be the Public Works D �l�'� at locations designated by Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons duration of 2 hours to service the entire project. Fire hydrants g 1� minute available for apart. International Fire Code Appendix C. y shall be placed an average of 500 feet 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a• Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b . The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d• Fire Hydrants shall be placed on comers when spacing permits. e• Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. 9. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h• Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length provided with an outlet shall be required to have an approved turn around. that is not Exhibit B — Page 2 CITY OF MERIDIAN PLANN14PARTMENT STAFF REPORT FOR THE HEARINWE OF JANUARY 19, 2006 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 3.7 Requirements for dead-end fire apparatus access roads that are between 500'-750'len roadways shall be built to Ada County Highway Standards cross section requirein ments agedal shahe ll have a clear driving surface, available at all times, which is 26' wide. Streets with less than a street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 For all Fire Lanes, provide signage "No Parking Fire Lane" 3.9 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.10 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.11 Operational fire hydrants, temporary or permanent street signs and access weather surface are required before combustible construction is bbought on ite.roads with an all 3.12 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. 3.13 Building setbacks shall be per the International Building Code for one and two story construction. 3.14 The roadways shall be built to Ada County Highway Standard cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parkg only on one side. These measurements shall be based on the face of curb dimension. Thin e in shall be able to accommodate an imposed load of 75,000 GVW. 3.15 The fire department requests that an development of this project be equipped y future signalization installed as the result of the response by fire and emergency edservice witht�cle Sensors to ensure a cost of this safe installation borne by the developer. o be 3.16 The applicant shall work with Planning Department staff to provide an address identification plan intersection(s). and a sign which meets the requirements of the City of Meridian sign ordinance at the required. 3.17 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 at 898-5500 to address this concern prior to the public hearing. 3.18 Provide exterior egress lighting as required by the International Building & Fire Codes. Exhibit B — page 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEARIN#TE OF JANUARY 19, 2006 4. Police Department 4.1 Lot 6, Block 1, creates a residence that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, with the Police Chief and/or Planning Staff to revise the Plat/site a applan such h ll w he houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. 4.2 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6.1 6. Sanitary Service. Company �+VaV11L Q,j G(� that take access from the common drivewa . 7. Ada County Highway District SiteS eci c Conditions o A roval 7.1.1 Extend the two existing stub streets, from the north and south property lines, into the site, as proposed. 7.1.2 Construct the internal local streets as 36 -foot street sections with rolled curb, concrete sidewalks within 50 -feet of right-of-way, as proposed. gutter, and 5 -foot 7.1.3 Construct the cul-de-sac turnaround with a minimum turning radius of 45 -feet. 7.1.4 Comply with all Standard Conditions of Approval. Standard Conditions _r A roval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages borne by the developer. abutting the site shall be Exhibit B — Page 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEARING#TE OF JANUARY 19 20 06 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Constru number) for details. ction Services at 387-6280 (with file 7.2.5 Comply with the District's Tree Planter Width Interim policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing details. ntact the District's Utilit by the District. Coy Coordinator at 387-6258 (with file numbers) for 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Poh Manual, ISPWC Standards and approved supplements,cy applicable ACHD Ordinances unless speciConstruction Services procedures and all fically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), 7.2.9 Construction, use and which incorporates any required design changes. property development shall be in conformance with all applicable requirements of the.Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verif applicant sat nohall cost to ACRD y all existing utilities within the right -of --way. 'The applicant shall shall repair existing utilities damaged by the applicant. The be required to call DIGLINE (1-800-342-1585) at least two full business days Prior to breaking ground within ACRD right-of-way. The applicant shall contact AC Traffic Operations 387-6190 in the event any ACHD conduits any phase of construction. (spare or filled) are compromised during 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, re _ or other regulatory and legal restrictions in force at the time the applicant Oritssucccnesssors'ipn interest advises the Highway District of its intent to change the planned use of the subject ro a waiver/variance of said requirements or other legal relief is l p p3' unless at the time the change in use is sought. granted pursuant to the law in effect Exhibit B — Page 2 CITY OF MERIb1AN PLANNINIOPARTMENT STAFF REPORT FOR THE HEARIN*TE OF JANUARY 19, 2006 C. Legal Description SAP �&raF-i'H.P�e�� Exhlbil A Property eriPtion .'Sharp Estates The South Half of the Southeast Quarter of the Morthwest Quarter of Section 5, Township 3 North, Range t East, wase Meridian, Arta County. Stage of Idaho, nlOre particularly described as follows Segt4.6ing ata Siff inch rebzar mark' 5; thence, alorng q_the south line of the Center Quarter Corner of said Section of said Section 5, North 89'3a'53f the Southeast Quarter of the Northwest Quarter rebar marking the southwest a distance of 670.88 feet to a til8 inch Quarter of said Section 5 thence Come, t Southeast Quarter of the the Northwest Quarter of said Section along he v st line of the Southeast QuarterNorthwestOf 331.92 to the Northwest Corner of the 00°27'313" East a distance of North Quarter of said Section 5; thence, along the north fithe ne of the South the Half of the Southeast Quarter of the. Northwest Quarter of said Section 5, south 89°38'08" Fast a distance of 1371.07 feet to a Sig Inch rebar marking the Northeast Comer of the South Half of the ►outhe� Quarter of �e Northwest {quarter of said Section 5; thence,. along the Northwest Quarter of said Sectlori the east line of Southeast Quarter of 381.57 f to the Point of 5. South 00'28 2f3 West a distance of Beginning. Containing 5.11 acres, more or less Subject to any existing easement aftecdng the above described parcel of land, written, unwritten. recorded, or unrecorded 'e IS2;1 44 dl 1 cit , H. ha, PLS 95.88 < d '� s5t.♦�CIIiQF.cry� LSY'..ItA:(218N111(�y} jpry�i.��C[t¢�'tIb �ffiLfili $1 �.9 'evyer.,6sr Id, �';9ii t s'r • s •a4.: i It Exhibit C - Page 1 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARIN#ATE OF JANUARY 19, 2006 4-� Exhibit C — Page 2 CITY OF MERIDIAN PLANNM*pARTMENT STAFF REPORT FOR THE HEARINGQTE OF JANUARY 19 ,2006 006 D. Required Findings from Unified Development Code 1. Annexation Findings; Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject properly to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the re district, specificallythe regulations outlined for the proposed purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential establishment b develo intrusion of incompatible nonresidential uses. The accom an P Y prohibiting the land will be developed with lot sizes, housingp Y�g Plat demonstrates the that conform to the proposed zoningdesignation. � and other dimensional requirements gnation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council relies on any oral or written testimony that maybe provided when determining this finding 4• The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that will be provided by the developer all essential services are available or unreasonable expenditure of public fto the sub'e unds. The applicant its proposingto develop thwill not e in general culre ompliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zonin of this nronerty to R -u .-AA w.. _- , .. 2. Preliminary Plat Findings; In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings. Exhibit D — Page 1 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARINOATE OF JANUARY 19, 2006 1• The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in subs e Plan. Countantial compliance with the adopted Comprehensive generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in City's capital improvement program; accord with the Because the developer is installing sewer, water, and utilities for the development at their cost, Council_ (rids that the subdivision improvement_ funds. will not require the expenditure of capital 4. There is public financial capability of supporting services for the proposed development; p posed The Council relies upon comments from the public service providers l.e. ACHD, etc.) to determine this finding. (See finding"Items ( ,police, fire, Annexation Findings above, and the Conditions of Approval in Exhibit and 4 Bove under e detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Staff originally had some concerns about Lot 6, Block 1, and how the future residence will be somewhat isolated from the rest of the development. Such areas tend to have an increased crime potential. However, this situation is not much different from homes at the end of cul-de-sacs, and therefore should not create a safety problem. Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety analysis. issues in thea. Council should reference any public testimony that may be presentto whether or not the proposed subdivision may cause health, safety orden oetenaline problems.nmental 6. The development preserves significant natural, scenic or historic features. Council fisnusnatwhiarethof anynatural,scenicorhistoricfeatures on this site. Therefore, Councilany development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council references any and all public testimony that may be presented to not the proposed development may destroy or damage a natural determine whether or or scenic feature(s) of major importance. Exhibit D — Page 2 • 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -Q REQUEST Consent for Representation Dealing with Conflict of Interest for Impact Fee Committee with Spink, Butler, LLLP: 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 10 ATTQ R N FY-� AT I AWF- LLP Via Facsimile and US Mail May 25, 2006 Mayor Tammy de Weerd Councilman Joe W. Borton Councilman Keith Bird Councilman Charlie Rountree Councilman Shaun Wardle City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: City of Meridian/Area of Impact (BBC Research) SB File No.: 22187.3 Dear Mayor and Council Members: JOANN C. BUTLER LAUREN MAIERS REYNOLDSON MICHAEL T. SPINK (208) 388-1093 J B UTLE R@SB-ATTO R N EYS. C O M MAY 3 0 2006 anY We thank you for asking our firm to serve the City of Meridian as a subcontractor with BBC Research & Consulting ("BBC") in connection with the preparation of an impact fee analysis and revisions to Meridians existing impact fee ordinance. We are pleased to represent the City of Meridian in its endeavors, however, there is an item that we must address. As the City knows, our firm has represented and, in the future, will represent persons and property owners before the City, typically in connection with land use entitlements and land use appeals. With the City's consent, our firm will agree to work with the City in connection with the impact fee analysis and ordinance modification but only with the understanding that this work not be treated, now or in the future, as creating a conflict of interest with property owners and/or persons represented by Spink Butler, LLP, and appearing before the City of Meridian. This consent would not be construed as consent to represent persons appearing before the City who are protesting any aspect of the impact fee analysis or ordinance prepared by BBC. 251 E. FRONT STREET SUITE 200 P.O. Box 639 BOISE. IDAHO 83701 208-388-1000 208-388-1001 (F) W W W.SB-ATTORNEYS.COM Mayor and City Council May 25, 2006 Page 2 We would appreciate it if the City would consider, sign, and return to us, the acknowledgment on the enclosed photocopy of this letter indicating the City's consent to Spink Butler, LLP's present and future representation of persons and/or property owners appearing before the City of Meridian in connection with land use entitlements and/or land use appeals, not including protests of the impact fee analysis and ordinance in the process of preparation by BBC. Sincerely, JoAnn C. Butler JCB:gs c: Ted Baird I, Tammy de Weerd, Mayor of the City of Meridian, on behalf of the City of Meridian and its City Council, expressly consent to Spink Butler, LLI''s representation of persons and/or property owners appearing before the City of Meridian in connection with land use entitlements and/or land use appeals, and acknowledge and agree that any such representation is not, and shall not be, a conflict of interest as a result of the work being performed for the parties described on the previous page; provided, however, such consent shall not extend to persons and/or property owners appearing before the City in protest of the impact fee analysis and ordinance in the process of preparation by BBC Research & Consulting. CITY OF MERIDIAN By: `\\,1,\1111111111111/0/a Tammy d erd, Mayor .�\\L� Jd Date: 6�4— OCfi/ �,9tf�`ta�ltlAi9! Pt984O1`�ao\�4 • Via Facsimile and CIS Mail May 25, 2006 Mayor Tammy de W eerd Councilman Joe W. Borton Councilman Keith Bird Councilman Charlie Rountree Councilman Shaun Wardle City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: City of Meridian/Area of Impact (BBC Research) SB File No.: 22187.3 Dear Mayor and Council Members; i JOANN C. BUTLER LAUREN MAIERS REYNOLOSON MICHAEL T. SPINK (208) 388.1093 JBUTLER@S B-ATTORN EYS.COM RECEIVED JUN 0 5 2006 City Of Meridian City Clerk Office We thank you for asking our firm to serve the City of Meridian as a subcontractor with BBC Research & Consulting ("BBC") in connection with the preparation of an impact fee analysis and revisions to Meridian`s existing impact fee ordinance. We are pleased to represent the City of Meridian in its endeavors, however, there is an item that we must address. As the City knows, our firm has represented and, in the future, will represent persons and property owners before the City, typically in connection with land use entitlements and land use appeals. With the City's consent, our firm will agree to work with the City in connection with the impact fee analysis and ordinance modification but only with the understanding that this work not be treated, now or in the future, as creating a conflict of interest with property owners and/or persons represented by Spink Butler, LLP, and appearing before the City of Meridian. This consent would not be construed as consent to represent persons appearing before the City who are protesting any aspect of the impact fee analysis or ordinance prepared by BBC. 261 E. F7aoa4r STF1ear SUITE 200 F10. ®OX 639 BOISE. IDAHO 93701 209-388-1000 208 -3a8 -1001(F) WWW -1-=M-/ rTDF V 1MCO1 Mayor and City Council May 25, 2006 Page 2 We would appreciate it if the City would consider, sign, and return to us, the acknowledgment on the enclosed photocopy of this letter indicating the City's consent to Spink Butler, LUys present and future representation of persons and/or property owners appearing before the City of Meridian in connection with land use entitlements and/or land use appeals, not including protests of the impact fee analysis and ordinance in the process of preparation by BBC. Sincerely, JoAnn C. Butler JCB:gs c: Ted Baird I, Tammy de Weerd, Mayor of the City of Meridian, on behalf of the City of Meridian and its City Council, expressly consent to Spink Butler, LLVs representation of persons and/or property owners appearing before the City of Meridian in connection with land use entitlements and/or land use appeals, and acknowledge and agree that any such representation is not, and shall not be, a conflict of interest as a result of the work being performed for the parties described on the previous page; provided, however, such consent shalt not extend to persons and/or property owners appearing before the City in protest of the impact fee analysis and ordinance in the process of preparation by BBC Research & Consulting. CM OF MERIDIAN By: Tammy de Weerd, Mayor Date: 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -R REQUEST Water Main Easement Agreement for Meridian High School Tech Building by Meridian School District 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 shad become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID BOISE IDAHO W16106 10: ® DEPUTY Neave Haney RECORDED—REQUEST OF ldeddien City NATER MINT NAVARRO Atnuunt uu 106096021 THIS INDENTURE, made this31 day of , 20L0$betwee , S W �hee p ies of � the first part, and hereinafter called the Grantors, and the City of M than, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of die benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the constntcdon, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right -0f --way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, malting repairs, performingother maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the arca described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, tress, brush, or perennial shrubs or flowers within die area descn`bed for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ight-ofway and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Nater Main Easement Page 1 WTR school district.doc EASMT effect ami shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful tight to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed theirsignatures the day and year fust herein above written. GRANTOR: Dr. Linda Clark, Superialuxlent STATE OF IDAHO ) )ss County of Ada ) On this day of Anyll 201 b before me, the undersigned, a Notary Public in and for said State personally appeared LiMu-044J±~ and known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. ', i have hereunto set my hand and affixed my official seal the day and year :�- -.f+0TAft p VA pv8ti�� GRANTEE: C ,7y OF MERIDIAN Tammy de Weld, Mayor by William 0. Berg, City Approved By City Council On: NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: 3 ~ �R 7 01? , U It 11 it ti t,,, �` �'(i y o Water Main Easement Page 2 EASMT WTR school distriet.doc STATE OF IDAHO, ) : ss. County of Ada ) On this-2Ida of c , 2006, before me, the ._ y � - undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and , known to me to be the Mayor and City Clerk, ap cc �O�r0.'�•�1rQki1 respectively, of the City of Meridian, Idaho, and who executed the within ns rumen , ands qV acknowledged to me that the City of Meridian executed the same. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Of 6t?a4fn&V-4A NOTARY PUBLIC FOR 1PAHO RESIDING AT: .bA :A -1 - MY COMMISSION EXPIRES: Pma-3--dLUL Meridian School District WAW Line Easement 0.77 acres THE LAND CROUP, INC. E7t3 ff "A" An easement for the purpose of construction, access„ and maintenance of water facilities situated in the Northeast One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, desuibed as follows: Commencing at a found aluminum cap monumenting the East One Quarter Comer of said Section 11, thence following the southerly line of said Northeast One Quarter, North 89°11'16" West a distance of 1,280.84 feet to a point, from which a brass cap monumenting the Center One Quarter of said Section 1 I bars North 8901 l'l6" West a distance of 1,374.35 feet; Thence leaving said southerly line, North 00048'44" East a distance of 285.19 feet to a point being the POINT OF BEOINNING. Thence North 89005155" West a distance of 258.50 feet to a point; Thence South 00051'32" West a distance of 8.53 fret to a point; Thaw North 76045'09" West a distance of 20.48 feet to a point; Thence North 00051'32" East a distance of 16.59 fed to a point; Thence North 76045109" West a distance of 122.92 fat to a point; Thence North 0004730" East a distance of 49.46 feet to a point; Thence South 89012130" East a distance of 20.00 feat to a point; Thence South 0004730" West a distance of 33.39 feet to a point; Them South 7604509" Bast a distance of 162.88 abet to a point; Thee South 89005'55" Bast a distance of 199.46 feet to a point; Them North 00047'30" East a distance of 161.71 feet to a point; Thence South 89012'30" Fast a distance of 69.67 feet to a point; Thence North 0004730" East a distance of 167.22.60 to a point; Thence North 88041'56" Wet a distance of 86.40 fact to a point; Thence North 010184)4" East a distance of 20.00 feat to a point; Thence South 8804116" Ead a distance of 86.22 foot to a point; Themes North 0004730" East a distance of 70.32 feat to a point; Thence North 4504730" East a distance of 135.37 feet to a point; Thence South 89012'30" East a distance of 37.63 feet to a point; Thence South 0004730" West a distance of 20.00 feet to a point; Thence North 89012'30" West a distance of 29.34 feet to a point; Thence South 4504730" Wet a distance of 118.80 fent to a point; AF Siir A'lruaiq • LArerdM*P hddMYW • Gr E1V iWWBj • G##'Gaom hv*Wlon &BAWap iog • Crap&- CAMwasimeen • S&mJr qg 462 F. Shore Drim Ste. 1(10, R2gk, Idaho 8.'1616 a P 20&939.4041 F 20$.939.4145 a wwwjhdand G:\-NM\05(P)D\legals\LL-060405_LDW.ARDS_ORW-1(20FAS1:A WI'Ax • •Apa 5, Page 2 of 2 Thence South 00°47'30" West a distance of 249.26 feet to a point; Thence South 89°12'30" East a distance of 92.49feet to a paint; Thence North 00°47'30" East a distance of 12.27 feet to a point; Thence South 891730" East a distance of 20.00 feet to a point; Thence South 00°4730" West a distance of 12.27 feet to a point; Thence South 89°12'30" East a distance of 369.89 feet to a point; Thence South 0004730" West a distance of 20.00 feet to a point; Thence North 89° 12'30" West a distance of 552.04 feet to a point; Thence South 00*47'30" West a distance of 161.75 feet to the POINT OF BEGINNING. The above-described easement contains 0.77 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-9394041 208-939-4445 (FAX) Ar MI, Pkauir{g • l wduspe .4=*lawar • Cw1 Rqai nlg • Go//'C:om, Irl ,*# Cr P_gpnuWjg • C.ntpbir Coaa�runi,almx • .Pyetlyigq 462 H. Shorn Vrive, tile. IW, Eagle, Idaho 83616 .1' 2W.939.41M 1 F M.939.4415 • www.tht-landgroupinc.com = -.1 INFO INFO lob= «ovr, nvc. rFXfll31T B 0k4"08 R i� � F � = -.1 INFO INFO lob= «ovr, nvc. rFXfll31T B 0k4"08 • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 5/31/2006 Re: Proposed Agenda Items for (date) City Council Meeting 9 City of Meridian Public Works Dept. k MAY 3 1 2006 City Of Meridian City Clerk ®face The Public Works Department respectfully requests that the following items be placed on the (date) City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for MHS Tech Building by Meridian School District. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for MHS Tech Building by Meridian School District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this,31 day o&�, 20 ��een..hearties of the first part, and hereinafter called the Grantors, and the Cyf M diaa, Ada County, Idaho, the party of the second part, and hereinafter tailed the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water mai over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Page I EASMT WTR school dWrict.doc • 0 effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, acid that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year fust herein above written. GRANTOR: ce�-- Dr. Linda Clark, Superintendent STATE OF IDAHO ) )ss County of Ada ) On this e201 day of ADYN , 20x, before me, the undersigned, a Notary Public in and for said State, personally appeared LMLO-C:(6ur1a- . and . known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. i"ts11tri81 TI VPy V' EOF, I have hereunto set my hand and affixed my official seal the day and year 'e :, `�': •• TAR ••Zo '9 •' Y�Q�,�ac�c-&. tr.,� �•� �; It : NOTARY PUBLIC FOR IDAHO G :,� '••• 1'UBVt ••: .� Residing at �'.,�l,Q'•a...••••°•�� Commission Expires: 3 -a 7 - Orf ror. '09 °e GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 EASMT WTR school district doc Meridian School District Water Line Easement 0.77 acres An easement for the purpose of construction, access, and maintenance of water facilities situated in the Northeast One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, .Ada County, Idaho, described as follows: Commencing at a found aluminum cap monumenting the East One Quarter Corner of said Section 11, thence following the southerly line of said Northeast One Quarter, North 89°11'16" West a distance of 1,280.84 feet to a point, from which a brass cap monumenting the Center One Quarter of said Section 11 bears North 89°11']6" West a distance of 1,374.35 feet; Thence leaving said southerly line, North 00°48'44" East a distance of 285.19 feet to a point being the POINT OF BEGINNING. Thence North 89°05'55" West a distance of 258.50 feet to a point; Thence South 00051'32" West a distance of 8.53 feet to a point; Thence North 76045'09" West a distance of 20.48 feet to a paint; Thence North 00051'32" East a distance of 16.59 feet to a point; Thence North 76045'09" West a distance of 122.92 feet to a point; Thence North 00'47'30" East a distance of 49.46 feet to a point; Thence South 8901230" East a distance of 20.00 feet to a point, Thence South 00°47'30 West a distance of 33.39 feet to a point; Thence South 76045109" East a distance of 162.88 feet to a point; Thence South 89°05'55" East a distance of 199.46 feet to a point; Thence North 00047'30" East a distance of 161.71 feet to a point; Thence South 8901230" East a distance of 69.67 feet to apoint Thence North 00047'30" East a distance of 167.22, feet to a point; Thence North 88041156" West a distance of 86.40 fest to a point; Thence North 01 ° 18'04 East a distance of 20.00 feet to a point; Thence South 88°41'56" East a distance of 86.22 feet to a point; Thence North 00°47'30" East a distance of 70.32 feet to a point; Thence North 45047'30" East a distance of 135.37 feet to a point; Thence South 8901230" East a distance of 37.63 feet to a point; Thence South 00°47'30" West a distance of 20.00 feet to a point; Thence North 89012'30" West a distance of 29.34 feet to a point; Thence South 45°47'30" West a distance of 118.80 feet to a point; Site 1'Junnirq.• 1 rindrtrrfre. Irc%+i�t tnre • GiV En rre4ring • GuJ% Cnrrru Inika/lon & E'q{inccrink • Grnj,hir C mnmrnri«reiou • Sarrrtiag 462 F. `horn. l)rir� Ste. 1tlp, Ragle, Idaho 8.3,616 • V 209.939.4041 F 208.939.4445 • www, hdand¢rn�� cam G:\2t}()5\OSU'}()\)e�aisiLL_!16!lat)5_].U1G'.�R1�S_(�5U9()-112O1.aSL"-AiL:t�'1'.dac April 5, 2006 Page 2 of 2 Thence South 00°47'30" West a distance of 249.26 feet to a point; Thence South 89°12'30" East a distance of 92.49feet to a point; Thence North 00147'30" East a distance of 12.27 feet to a point; Thence South 89°12'30" East a distance of 20.00 feet to a point; Thence South 00°47'30" West a distance of 12.27 feet to a point; Thence South 89°12'30" East a distance of 369.89 feet to a point; Thence South 00°47'30" West a distance of 20.00 feet to a point; Thence North 89°12'30" West a distance of 552.04 feet to a point; Thence South 00°47'30" West a distance of 161.75 feet to the POINT OF BEGINNING. The above-described easement contains 0.77 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 1 o0 EAGLE, IDAHO) 83616 208-9394041 208-939-4445 (FAX) Ar ,SiJP Plnlrrfit4� • T curd„rpt AnhilPetrrrt • C:rvi! F.r2p rrrt>in� • Galj C.ourJe fngalion &,T n,gweedTg • CrujWAi. C�ntnusni<rrli•n • Surn }err, 462 H. Shure Drive, Ste. IW, L-:aglc:, ]daho 83616 . P 208939AU41 Fr 208.'939.4445 • ict•ck,thclanciGroupinc.ccrm INFO DUIP%l INS. N EX -H - SIT B A MERI -:H1 H"ASO' V --2W 04/OW2M 05M - rr INFO DUIP%l INS. N EX -H - SIT B A MERI -:H1 H"ASO' V --2W 04/OW2M 05M - 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. REQUEST Agreement for Connection to Sewer / Water Services outside Limits for LDS Church at 5555 North Locust Grove by Eagle FM Group 54 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Apr.26. 2006 2:11PM No -5557 P. 3 ADA COUNTY RECORDEROAVID NAVARRO AMOUNT .00 r BOISE IDAHO 08118/08 10:44 AM II ll 11 1 r!++ ++1+ Rif DEPUTY Nam -REQUc�ey �i� l�l�I���«I1�11��if RECORDED -REQUEST OF R Meridian CIV 106096022 AGRE HENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIIVJM THIS AGREEMENT is made and entered into this day of 20�, by and between CI'I'X OF NIEYtID-- - a Municipal co 'an of the Stat of WF Idaho, hereinafter referred to as "CITY", an , as heieinaf ter defined and hereinafter referred to as "S ATER USE 1. RECITALS: 1.1 WBEREAS, "Sewer/Water User" is the sole owner, in law and/or in cxluity of certain tract of land in the County of Ada, State of Idaho, described in Exluibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinaftor referred to as the "Prouty"; and. 12 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-426 and 9-1-16; and 1.5 WHEREAS, the "Sower/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City' , and 1.6 WHEREAS, the "Sewer/Water-User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is spedfically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewa/Water User" provide perpetual consent to atmom ion of the "Real Property" in to the "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - t O r.26. 2006 2:12PM 2. DEFINITION& No -55b7 P. 4 For all purposes of this agremnent the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refeas to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 'Rear Property": means and shall refer to certain parcel(s) of Teal property looted in the County of Ads, City of Meridian as dc=ibed in Exhibit "A", attached hereto and by this reference incorporated herein as if sat forth at length together with improvements thereon. 2.4 "OrdinanW.- means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Ma idian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 i°PoRcy/Regulations": means and shall refer to any City Council enacw policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water sYstem- NOViT'ITi,E WFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above re dtals are contractual and binding and are incorporated herein as if sett forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: ne "City" agrees to authorize a connection to the "Sewer/Water system' to service the "Rad Property" subject to the terms and conditions ofthi.s Agreement AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - Apr -26. 2006 2:12PM • No -5557 P. 5 5. CONDMONS AND REQUIREMENTS OF SEWERIWATER USER FOR THE HOOLTP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: Tlae hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water Use9t" 6. ORDINANCE APPLICATION: The "Ordinance" and "Poliey/kVilatio1W, apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the' tO inance" and/or "Policy/Regulations" is/are amended or mcodif ed, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real properly becomes legally eligible for annexation into the "City", the "Sewer/Water User" hers gives consent to such annexation, agrees to pay the annexation applicabon fee, agroes to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request a4d application for such annexation in accordance with I.C. § 50-222 or any amendments or t+c odification of said statute. S. HOOK[JP AND SERVICE FEES., The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Poliey/Regul'atione as are apphcablc for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION - "City" shall record either a memorandum of this Agreement or this Agreement; including all of the Exbibits, at "Sower/Water User" cost, and submit proof of such recording to "Sewertwatcr Use'°. 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDrES: 11.1 This Agreement shall be enfuTomble in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER%WATER SYSTEM OUTSIDE THE CITY LIMITS -3 � Avr.26. 2006 2:12PM No -5557 P. b 0 • in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific porformance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a defaWt, written Notice of Default shall be served and defaWting.pwty shall then have thirty (30) days after delivery of notice of dolhult to eamxt the same before the non -defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party rc sponable for such . perftmance, which shall include, without limitation,, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or rewired by this Agreement shall be deemed delivered if and when personally delivered or dwn-e (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: clo Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 53642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: 154 r40- � 7M ifoL ° P 0- Box �0 9 12.2 A patty shall have the right to cbmge their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEN, M FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 Pep. Avr.26. 2006 2:12PM 13. ATTORNEY FEES: No.5657 P- 7 Should any litigation be commenced between the portico hereto conccrning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's Bees as determined by a Court of competent Jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tcamioation or forfeiture ofthis Agreement_ X 4. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereon and that the failure to timely perform any of the obligations hemander shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, orr portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agrocment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be exceed therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agroment sets Forth all promises,- inducements, agreements, condition and understandings between' Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated, herein. Except as herein otherwm provided, no subsequent alteration, amendment, change or addition to this . Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to -City; a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATERSYM1M OUTSIDETHE CI'l.'YLIMM p�.-5....p Aar.26. 2006 2:13PM No.555P. 6 ie 0 18. TER MATION: At such time as the "Real Pmperty" is annexed into the City, this agreemcnt shalt' terminate except for any default that exists at such time shall still be enforceable pwsuant to the terms of this agreement. 19. EFFECTIVE DATE: _7 This Agreement shall be effective at such time as both parties have executed this ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hercinabove provided. Property Owner v CITY OF MERIDIAN CIF DE WFERD ATTEST: o jw.m-�XLD- 10 ,. WILLIAM O. BERG, IIL, CITY CLERK BY RESOLUTION NO. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OiJ'I`SIDE THE CITY IdA+IITS -6 pager C T APr•26. 2006 2:12PM 0 0 STATE OF IDAHO, ) : ss. County of Ada) N0.0001 F - y On this 23 day of M W J in the year 20&, beforeme, the undersigned, a Notary Public, personally ppp=edP A& AjMa& known or identified tome to be the property owner, wbo examded the insirumcnt M4 4-o 1 r•r.01 STATE OF IDAHO, County of Ada WHEREOF, I have hereunto set my hand and mixed my official certificate first above written. r Otary Public or Idaho Residing at: `t.VlA— 4 ( A 0 My Commission Expires: ss. Can this 13_ day of �-Wlk- _ , in the year 24c�o before m �IL(a m . � & the undersigned, a Notary Public, personally appeared TAMW AE WEERD arrd V � BER49-, JR., known or identified to me to be the Mayor aud,,Cl ve1y, of the City of Meridian, who executed the i ohmnent or the persons that ey dE str anent on behalf of said City, and wimowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hamuot+o set my hand and affixed my official seal, the day and year in this certificate finnt above written. (SEA-) Of Notary Public for Idaho Residing at:.0 OU My Commission Expires: LQ7f5'=11 AGREEMENT FOR HOOKUP TO THE CITY OF MERIMAYS SEWER/WATER SYSTEM OUTSIDE THE CITY MWO page ,..,��L.� 0 i ANNEXATION DESCRIPTION 5555 N. LOCUST GROVE ROAD June 1, 2006 A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF. THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 4 NORTti, RANGE i EAST, BOISE MFY"L4N, ADA COUNTY, IDAHO MORE PARTICULARLY .DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4(E..1/4 CORNER) OF SECTION 30, T. 4 N., R.1 E., B.M.; .THE. REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE ALONG THE EAST LINE OF THE NE 1/4 OF THE SE 114 OF SAID SECTION 30 S 00°00'(10" W 867.15 FEET TO A POINT; THENCE N 89° 13'04" W 785.07 I= TO A POINT; THENCE N 00000'00" E 851.88 FEET TO A POINT ON THE NORTH LINE OF SAID NE 1/4 OF THE SE 1/4; THENCE ALONG SAID NORTH LINE N 89°40' 02" E 785.00 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINS 13.49 ,ACRES,. MORE OR LESS. SAID DESCRIPTION WAS PREPARED FROM DATA SHOWN ON RECORD OF SURVEY NO. 1536, INSTR. 08962740, AND NOT FROM AN ACTUAL FIELD SURVEY BY BRIGGS ENGINEERING. WAYNE K. 8444 0 To: Mayor De Weerd & City Council From: Kane Glenn CC: File • City of Meridian Public Works Dept. Daft 6/1/2016 Re: Proposed Agenda Items for 06/06/06 City Council Meeting JUN 0 1 2006 City ®f rk eCity CleOffice The Public Works Department respectfully requests that the following items be placed on the 06/x/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Agreement for Connection to Sewer/Water Services outside City Limits for LDS Church at 5555 N Locust Grove by Eagle FM Group. Typical Agreement for Connection to SewerANater Services outside City Limits. Recommended Council Action: Approve the Agreement for Connection to SewerMlater Services outside City Limits for LDS Church at 5555 N Locust Grove by Eagle FM Group and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 0 Page 1 Apr.26. 2006 2:11PM 9 No.5557 P. 3 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATER SYSTEM OUTSIDE THE CITY LL ffn THIS AGREEMENT is made and entered into this day of 20_06____, by and between CTI'Y OF MERI DDIAN a M icipal co . ra on of the Stat of Idaho, hereinafter referred to as "CITE"', an , as hereinafter defined and hereinafter referred to as "SE ATER USE 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in fu11, hereinafter referred to as the "Property"; and 12 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sew=(Water-User" is desirous of obtaining connection to the Sewer/Water to serve the `°Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy(Regulations" which govern its Sewer/Water system be included as terms and conditions of This agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "]teal. Property" in to the "City". AGREEMENT FOR LOOKUP TO THE CITY OF MERIDIA VS SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - Y Apr.26. 2006 2:12PM 0 0 No.5557 P. 4 2. DEFINITION& For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 'ileal ]Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at lengthtogether with improvements thereon. 2.4 "Oddnn$nce": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-) 6; and this definition specifically includes any pmspec6ve amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system - NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWERIWATER HOOKUP SFAVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. .AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 Apr•26. 2006 2:12PM 0 • No•5557 P. 5 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER. USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and' Policy/R.egulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or rccodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. & HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be iu accordance with the provisions of the "Ordinance" and/or -policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/'Waterr User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors AGREEMENT FOR HOOD TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 Apr.26- 2006 2:12PM 0 No•5557 P- 6 in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not liumited to, t;erminat on of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaWting-party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein.. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such. . performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay_ 12. NOTICES: 12.1 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 Mad., registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER 01 a`ple , -1�0 936 /G 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEMENT FOR HOOKUP TO THE Cly OF MERIDIAN'S SEWER/WATER MTEM OUTSIDE THE CITY LIMITS -4 Apr.26. 2006 2:12PM 0 0 No.5557 P. 7 13, ATTORNEY FEES: Should any litigation be commence between the parties hereto concerning this Agreement, the prevailing party shall be entitle, in additions to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement_ 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely Perform any of the obligations hereunder shalt constitute a breach of and a default under this Agr=nent by the other party so failing to perform. 15. 13INDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's°, corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: if any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom), and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT - This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this . Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to '`City % a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERID AWS SEWER/WATER. SYSTEM OUTSIDE THE CITY LIMITS -5 Apr.26. 2006 2:13PM 0 No.5557 P. 8 18. TERNENATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE-- This ATE_ Agreement. This Agreement shall be effective at such time as both parties have executed this ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have humin executed this agreement and made it effective as hereinabove provided. Property Owner CITY OF MERIDIAN By: MAYOR TAMMY DE WEERD ATTEST: WILLIAM 0. BERG, JR., CITY CLERK BY RESOLUTION NO. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OU I'SIDR THE CITY LIMITS -6 Apr.26. 2006 2:13PM 0 is No.5557 P. 9 STATE OF IDAHO, ) County of Ada) On this 23 day of _M W in the year 20&, before me, the undersigned, a Notary Public, personally appeared kb & .n., known or identified to me to be the property owner, who executed the instrument. S WHEREOF, I have hereunto set my hand and affixed my official certificate first above written. 4 otary Public or Idaho Residing at` N �y1�,- NA n ,^ My Commission Expires:- n� STATE OF IDAHO, ) . ss. County of Ada On this day of , in the year 20___, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the inshument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hermuto set my hand and affixed my official seal, the day and year in this certificate first above written. (SFAL) Notary Public for Idaho Residing at: My Commission Expires: A.GREEN= FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 ANNEXATION DES CRIPTIONT 5555 N. LOCUST GROVE ROAD June 1, 2006 A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTjjEAsT 1/4 OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: 10.0AWENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4(1;.1/4 CORNER) OF SECTION 30, T. 4 N., R. I E. B -IM.; THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE ALONG THE EAST LINE OF THE NE 114 OF THE SE 1/4 OF SAID SECTION 30 S 00'000'00'W 867.15 FEET TO A POINT; THENCE N 89" 13'04:" W 785.07 FEET TO A POINT; THENCE N 00'000'00"E 851.88 FEET TO A POINT ON THE NORTH LINE OF SAS ED NE 1/4 OF TIM SE 114; THENCE ALONG SAID NORT14 124E N 89040" 02" E 785.00 FEET To THE REAL POINT OF -BIRGINNING. SAID PARCEL CONTAINS 15.49 A CPtE,% MORE OR LESS. SAID DESCRIPTION WAS PREPARED FROM DATA SHOWN ON RECORD OF SURVEY NO 1536, MST EL #8962740, AND NOT FROM AN ACTUAL FIELD SURVEY BY BRIGGS ENGINEERING. WAYNEK_ m 0 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -T REQUEST Contract for Rip Rap Installation on Five Mile Creek at Ten Mile Road by Star Construction 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 Cif y of Meddlan. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File 0 IRIECEIVEJ) JUN n 12006 CITY OF MERIDIAN (�17`r CLERK OFFIr,r- Date: June 1, 2006 Re: Proposed Agenda Item for June 6, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 6 City Council agenda, under Consent Agenda, for Council's consideration: Rip Rap Installation on Five Mile Creek at Ten Mile Road by Star Construction Star Construction has provided a quote to Public Works for placing up to 20 cubic yards of rip rap along the bank of Five Mile creek at Ten Mile Road to correct and prevent bank erosion being caused by our flush line. This work will be paid by mobilization and by cubic yard placed and will not exceed $3,100. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Star Construction for placement of up to 20 cubic yards of rip rap along the bank of Five Mile Creek at Ten Mile Road to correct bank erosion from the flush line at a cost not to exceed $3,100, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 05/31/2006 14:43 2082867947 STAR CONSTRUCTION PACE City of Meridian Rip Rap Installatico on Five Mile Creek at Ten Mile koad Item Qty Unit Vnit Price Total Rip Rap 15 CY $133.07 $1996,05 -Mobilization l LS $500.00 $500.00 A4di6=21 rip rail abovr 15 CY will be %e d 4 a unit price cif $115, Total cosy for 15 CY of rip rap: $2496-05 Total cost for 20 CY Of rip rap: $3071.05 Placement of rip no will be directed by the onginem At feast 50% of rip rap will be Beater than I cubic foot volume_ Res ctf Su -4— S�neture Name Title 4, -_ 04 , Date Star Construction Name of Company PO BOX 157 Siar, ID Address 14428-A-4 License Numb-or� • June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -U REQUEST Givens Pursley (Frank Lee) Retention and Conflict Waiver Agreement for City Hall Contracts 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: v� 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. Tara Green From: Ted Baird Sent: Wednesday, May 31, 2006 5:03 PM To: Tara Green Cc: Tammy de Weerd Subject: FW: RE: Givens Pursley (Frank Lee) Retention and Conflict Waiver Agreement For City Hall Contracts Attachments: Retention Letter to T. Baird for execution.PDF Retention mr to T. Baird Please place this on the consent agenda for 6/6. 1 will forward the original when it arrives. Original Message From: Frank Lee[mailto:franklee@givenspursley.com] Sent: Wednesday, May 31, 2006 4:08 PM To: Ted Baird Subject: RE: RE: Retention and Conflict Waiver Agreement ... Ted, I have attached one copy of the retention letter and have mailed the original to you. Frank --- Original Message -- To: "Frank Lee" <franklee@givenspursley.com> Cc: "Bill Nary" <naryb@meridiancity.org> From: "Ted Baird" <bairdt@meridiancity.org> Sent: 5/31/2006 10:09AM Subject: RE: Retention and Conflict Waiver Agreement. >> Frank: This looks fine to me, but 1 would like to have Bill's input >> on it as well. You addressed my primary concern that the waiver does >> not include matters related to the design and construction of City Hall. >> Bill is out of town until next week, so I would like you to send the >> final version before Thursday so that I can include it on the consent >> agenda for the June 6 City Council Meeting. If Bill has any issues, >> we can always pull the item off of the consent agenda to address them. >> Ted >> Original Message >> From: Frank Lee[mailto:franklee@givenspursley.com] >> Sent: Friday, May 26, 2006 4:03 PM >> To: Ted Baird >> Subject: Retention and Conflict Waiver Agreement ... >> Ted: >> Further to our discussion on Monday, please see the attached draft >> retention and conflict waiver agreement, for your review. The >> retention agreement contains this firm's standard retention terms. >> If any of those terms create a problem for you or the City, please >> call me to discuss. The conflict waiver agreement should contain the >> matters we discussed on Monday with Mayor de Weerd and Council Member Keith Bird. >> The conflict waiver is, as was discussed, straightforward and broadly >> worded. It is imperative that we have a clear understanding with the >> City of Meridian on the conflict issues, so please take all the time >> you need to review and consider the waivers requested. If you have >> any questions or comments, please call me to discuss. >> If the attached letter is acceptable to you, I will produce it in >> final form for you to bring to the Mayor and City Council for approval. >> Franklin G. Lee >> GIVENS PURSLEY LLP >> 601 W. Bannock Street >> PO Box 2720 >> Boise, Idaho 83701 >> (208) 388-1200 Telephone >> (208) 388-1243 Direct Dial >> (208) 388-1300 Fax >> www.givenspursley.com 0 GIVE, SLEY LLP LAW OFFICES Gary G. Allen Franklin G. Lee J. Will Varin 601 W. Bannock Street Kristen A. Atwood David R. Lombardi Conley E. Ward PO Box 2720, Boise, Idaho 83701 Kelly T. Barbour John M. Marshall Robert B. White TELEPHONE: 208 388-1200 Christopher J. Beeson Kenneth R. McClure FACSIMILE: 208 388-1300 William C. Cole Kelly Greene McConnell WEBSITE: www.givenspursley.com 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, LL.M. RETIRED Jeremy G. Ladle Bradley V. Sneed H. Barton Thomas, LL.M. Theodore W. Baird, Jr. Assistant City Attorney City of Meridian 703 N Main Street Meridian, Idaho 83642-2300 Re: Retainer Agreement Dear Ted: ►%.5117 May 31, 2006 JUN 01 2006 City Of Meridian City Clerk Office Thank you for considering Givens Pursley LLP to represent the City of Meridian (the "City") on matters related to the design and construction of the new Meridian City Hall. This letter, including the enclosed Conflict Waiver Agreement, is our Retainer Agreement with the City that establishes the scope and terms of our engagement and confirms our mutual understandings regarding conflicts. Scope of Work The City is retaining Givens Pursley LLP to provide legal services in connection the design and construction of the new Meridian City Hall. Our representation is limited to that matter unless you ask us to represent you on additional matters, and we have accepted those additional matters. To allow for efficient tracking of work and fees, we may open additional matters as specific issues arise. All matters will be subj ect to this Retainer Agreement unless we otherwise agree in writing. I will be the attorney in this firm that is primarily responsible for our representation of the City and will handle day-to-day management of the representation. RETAINER AGREEMENT —1 Theodore W. Baird, Jr. City of Meridian May 31, 2006 Page 2 General Terms and Conditions Unless expressly modified by another writing, the following terms and conditions apply to the relationship between the City and Givens Pursley LLP. The City may terminate its relationship with the firm unilaterally at any time upon written notice to the firm. Termination shall not affect your obligation to pay for services rendered prior to that time and/or fees and costs necessarily incurred by the firm to wind down or hand over the work. Fees. Givens Pursley LLP calculates fees based upon the hourly rates of the attorneys, paralegals and other timekeepers who perform professional services for the client. Our fees for attorneys range from $125 to $275. My current rate is $195 per hour. As your project evolves, we may involve the assistance of other attorneys in the firm. Billing rates are subject to adjustment on a semi-annual basis. Any adjustment in the hourly rate or the addition of other timekeepers will be reflected in the monthly billing statements presented to the client. Costs. We will bill the City for all costs incurred on its behalf. Costs are subject to adjustment annually. Any adjustment will be reflected in the monthly billing statements presented to the client. Our current cost schedule is as follows: Photocopying $0.15/page for black and white $0.30/page for color Messenger Service $7.50 Downtown Area $15.00 Up to 20 Miles $25.00 Over 20 Miles Westlaw/Lexis Prevailing Rate Long Distance Telephone Prevailing Rate Overtime Staff Charges $25.00/hour Facsimile $5.00 1-5 pages $10.00 6-19 pages $20.00 Over 20 pages Billing Procedures. The firm typically provides monthly billing statements by regular mail. Unless otherwise directed by you, billing statements will be sent to: City Attorney's Office Attn: Theodore W. Baird, Jr. City of Meridian 703 N Main Street Meridian, Idaho 83642-2300 RETAINER AGREEMENT - 2 Theodore W. Baird, Jr. City of Meridian May 31, 2006 Page 3 The amounts shown on the firm's statements are payable within 30 days after the date of the statement. Statements that are not paid within 30 days will be assessed a late payment charge at the rate of one and one-half percent per month (18.0 % per annum) on the unpaid balance. Conflicts of Interest As we previously discussed with you, Mayor de Weerd and Council member Keith Bird, Givens Pursley LLP represents many clients in Idaho, some of which currently, and may in the future have, interests adverse to the City. Consequently, it is very important that we have a clear understanding and agreement about conflicts of interest that may arise during our representation of the City. I have attached a Conflict Waiver Agreement that memorializes the agreement reached during our prior discussions. Please review the Conflict Waiver Agreement carefully and bring it to the specific attention of the Mayor and City Council. Please feel free to call me if you have any questions or concerns about the attached Conflict Waiver Agreement. We enclose two copies of this Retainer Agreement and the Conflict Waiver Agreement. If you agree to the representation as described above, please indicate your approval by signing the acceptance at the bottom of this letter. Please return one copy to me and keep the other for your file. We are pleased that you are entrusting your work to this firm and look forward to working with you. Ve ly yoG. Lee j Fr FGL/ehk Enclosure SAcGentv\8395\I\Retention Letter.DOC ACCEPTANCE OF RETAINER AGREEMENT The City of Meridian has read the preceding letter and the attached Conflict Waiver Agreement, and agrees to the firm's representation on the terms described therein. City of Meridian By: Its: Dated: O RETAINER AGREEMENT - 3 to "011#111 fill 111'" N � 0 0 GIVENS PURSLEY LLP Conflict Waiver Agreement Our representation of you is governed by the Rule 1.7 of the Idaho Rules of Professional Conduct.' For your reference, I have attached a copy of Rule 1.7 and its official commentary. This rule prohibits the firm from representing multiple clients where our representation of one client would be directly adverse to another client, unless the circumstances are fully explained, each client expressly waives the conflict with written confirmation, and it was reasonable for us to ask them to do so. The purpose of this Conflict Waiver Agreement is to memorialize the major elements of our discussion about conflicts of interest and confirm your agreement to terms in this Conflict Waiver Agreement. Direct Conflicts of Interest The firm is aware of several potential direct conflicts of interest with respect to our representation of the City. By direct conflicts, we mean situations in which you and another client have directly conflicting positions or objectives, and our representation of at least one party involves advocating that position or pursuing that objective. Those direct conflicts include: • Our representation of United Water Idaho in matters adverse to the City related to water rights. I understand the City and United Water Idaho have reached a settlement that is stayed pending resolution of the Snake River Basin Adjudication. • Our representation of Jim Griffin in a small matter involving a potential reimbursement claim for approximately $1,492.40. • Our representation of a variety of clients in development, zoning, licensing, permitting and many other matters. Currently, we have several clients with matters pending, or soon to be pending, before the City or adverse to the City. To zealously represent those other 1 Rule 1.7 of the Idaho Rules of Professional Responsibility (effective July 1, 2004) provides: RULE 1.7: CONFLICT OF INTEREST: CURRENT. CLIENTS (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if - (1) f(1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by the personal interests of the lawyer, including family and domestic relationships. (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if - (1) f(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing. CONFLICr WAIVER AGREEMENT - 1 clients, lawyers of this firm may help those clients appeal or otherwise contest decisions made by the City staff, City Planning and Zoning Commission or City Council. Such appeals may be through the City's internal process or through the judicial system. Further, we may be required to take legal or other action against the City in other forums and required to zealously represent the interests of those other clients. We request your consent for lawyers from this firm, including me, to represent other clients on matters that may be directly adverse to the City's interests, including those clients and matters identified above, so long as the matter is unrelated to the design or construction of the new Meridian City Hall. Indirect Conflicts of Interest It is possible that the interests of the City and those of our other clients could be at odds on matters not directly related to our representation of the City. You should be aware that the firm's lawyers are engaged in matters on behalf of many clients in different industries or sectors. This includes, among others, businesses and industries of all types and governmental entities at all levels, as well as other public and quasi -public entities. We represent these persons and entities in private transactions as well as matters before courts, agencies, regulatory and governmental bodies, and state and federal legislatures. Consequently, the firm's lawyers are frequently engaged in a variety of public policy, regulatory and legislative matters with broad implications. Consequently, it is likely that we may now or in the future represent other persons or entities in the City's industry or business. In some cases, this may include the City's direct competitors. It might also include those with whom the City has commercial, financial, regulatory or other relationships. It is possible that something we do on behalf of one client might have implications or repercussions for your business. There could be instances in which we pursue a policy issue or legal precedent on behalf of one client that you might not consider favorable or desirable. Because these types of indirect conflicts do not involve direct adversity of representation, they may in some cases fall outside the definition of conflicts under the Idaho Rules of Professional Conduct.2 In any event, we want you to clearly understand and agree that, under this Conflict Waiver Agreement, we are not barred from having this sort of indirect conflict between you and our other clients so long as we do not represent both of you with respect to a specific matter in conflict. 2 The official comment number 6 to Rule 1.7 of the Idaho Rules of Professional Conduct provides: "On the other hand, simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require consent of the respective clients." CONFLICT WAIVER AGREEMENT - 2 Future Conflicts of Interest v In general, future conflicts of interest may be waived if the client reasonably understands the material risk that the waiver entails.3 Such waivers are particularly likely to be effective if the client is (i) an experienced user of the legal services involved, (ii) reasonably informed of the risk that a conflict may arise, and (iii) independently represented by other council in giving the consent and the consent is limited to future conflicts unrelated to the subject of this representation. The circumstances of the City's consent squarely fit the elements above. The City is an experience user of a broad range of legal services, including legal services related to design and construction issues. Through our discussions and the City's own knowledge, the City is well informed that a wide range of conflicts are expected to arise during our representation. The City is well informed of the risks associated with the conflicts that may arise. For example, the City is aware that this firm may give the City advice on matters within the scope of our representation and then, on the same day, zealously advocate against the City's interest on behalf of another client. In giving its consent, the City has been independently represented and advised by its own in-house counsel. Finally, the City's consent is limited to future conflicts unrelated to the subject matter of this representation, i.e., conflicts unrelated to the design or construction of Meridian City Hall. We request your consent for lawyers from this firm, including me, to represent other clients on future matters that may be directly adverse to the City's interests, including those clients and matters identified anywhere in this Conflict Waiver Agreement, so long as the matter is unrelated to the design or construction of the new Meridian City Hall. As stated in the Retainer Agreement, you may end our legal representation of you at any time. However, by entering into the Retainer Agreement, you agree not to object to our representation of other existing or future clients unrelated to the subject of this representation. In the event a conflict emerges in the future between you and another client of the firm that is unrelated to our representation of you, but which is unacceptable to you, to the other client, or to this firm, we reserve the right to terminate our representation of you and to continue to represent the other client. Because this firm's representation of the City is limited in scope, we will not be in a position to detect every situation that may raise concerns about future potential conflicts of interest. Therefore, we ask you to notify us of any concerns that may come to your attention about the appropriateness of any present or future conflict of interest. Likewise, we will notify you if we become aware of any circumstances that may raise a conflict of interest concern. 3 Please see official comment 22 to Rule 1.7 of the Idaho Rules of Professional Conduct. CONFLICT WAIVER AGREEMENT - 3 i 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. 5-V REQUEST Agreement for Professional Services with Emily Pees for Reconnaissance Survey of the City of Meridian with the Meridian Historic Preservation Commission AGENCY COMMENTS CITY CLERK: See aRached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY jq 4/ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ,, Q CITY PARKS DEPT: V — 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 meet!W shag become property of the City of Meridian. 0 0 AGREEMENT FOR PROFESSIONAL SERVICES WHEREAS, this Agreement was reviewed by the City of Meridian Historic Preservation Commission on the day of Ave y , 2006. The City of Meridian Historic Preservation Commission recommends approval of this Agreement by the City of Meridian. NOW THEREFORE, THIS AGREEMENT, made this 8,% day of /h4!1 , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Emily Peeso, hereinafter referred to as "CONSULTANT", whose business address is 6105 Kirkwood Road, Boise, Idaho 83713. 1. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services", a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A", together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire as specified in attached Exhibit "A", unless earlier terminated or extended. 3. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A" not to exceed Three Thousand Dollars ($3,000.00). 5. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (3 0) days after receipt. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt PROFESSIONAL SERVICES AGREEMENT- EMILY PEESO Page 1 of 4 requested, and sent to the address listed on the first page of this agreement. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. PROFESSIONAL SERVICES AGREEMENT- EMILY PEESO Page 2 of 4 • 0 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. PROFESSIONAL SERVICES AGREEMENT- EMILY PEESO Page 3 of 4 0 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT BY: W, 10&56 ENMY PEESO CITY OF MERIDIAN �a TAMMY�ERD, MAYOR Attest: \`,`,,�`` •�'� °'' ,ssoC Ll� GJt C c x 13MAL WILLIAM G. BERG, J ., C ,CL = oa 19897 PROFESSIONAL SERVICES AGREEMENT- EMILY PEESO Page 4 of 4 ,W EXHIBIT "A" SCOPE OF WORK Peeso's Responsibilities L Responsibilities. Peeso's work is to conduct a Reconnaissance Survey of the City of Meridian including no less than 40 properties, at a rate of $25 per hour, for 120 hours of work. The survey will continue in the 21 block downtown area where previous survey had begun and then move east along Pine and Idaho Streets. The work is to include a "windshield" survey (survey forms, maps and photographs) and organization of the survey data (entering the hard data into an electronic database). The data collected, as directed by the Idaho State Historic Preservation Office, is to produce a list of potentially historically significant properties in the City of Meridian. The data collected is intended to help the City of Meridian Planning Department as well as the Idaho State Historic Preservation Office. 2. Deliverables. Peeso will compile the hard copy survey forms and photographs of each property in the survey area. There will also be a sketch map outlining the boundaries of the survey area. The survey data will also be organized into an electronic database to be distributed to the City of Meridian Historic Preservation Commission, the City of Meridian Planning Department and the Idaho State Historic Preservation Office. 3. Reporting. Peeso will submit an invoice/timesheet and current work product documenting her work in progress every month to be reviewed and acted upon by the City of Meridian HPC at the Commission's monthly meeting. The project is to average 10 hours per week for 12 weeks. At a rate of $25.00 per hour for 120 hours, the project will total $3000.00. Upon completion, Peeso will report the findings of the survey to the City of Meridian HPC. 4. Timeline. The project shall commence upon execution of the Agreement for Professional Services. The project shall be completed on or around August 31, 2006. Page 1 of 1 0 • June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -W REQUEST Contract for Timing for Bam Sour Run with Spondoro.com, 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: See affached 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 1 Tara Green From: Will Berg Sent: Thursday, June 01, 20061:34 PM To: Tara Green; Sharon Smith Subject: FW: timing contract Attachments: 2006 Spodoro nndng Contract.pdf From: Colin Moss Sent: Thursday, June 01, 200612:19 PM To: Will Berg Subject: timing contract Could we put this contract on the consent agenda for next weeks meeting for council approval and the Mayor's signiature? It's the contract for the company providing the timing for the Barn Sour run. Doug will be at the meeting to answer any questions. Thanks. Colin Moss Recreation Coordinator Meridian Parks and Recreation Phone: 888-3579 Fax: 898-5501 mossc@,meridiancity.org 6/1/2006 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. 5-w REQUEST Contract for Timing for Sam Sour Run With Spondoro.com, 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. See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: l / ,,oki�-k� s8vodcao SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH J / Y I/` �.it1 �'(!� f c4m/K ib NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: (? f/1/P. tv �l Au", -t Va d IDAHO POWER: >s C eY17Vt�-fG� �' ! " lj/ . ! US WEST: INTERMOUNTAIN fly i�YVII GAS: MERIDIAN POST OFFICE: OTHER: (' D�"7/i 7r3L(i Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubnc meetings shgl) become property of the CRY of Meridian. pondoro orn Inc. 3592 E. Congressional Dr. Meridian, ID 83642 Phone (208) 340-0472, Email: information@Spondoro.com FiNisht LINE T'wNGtSC0RCNG & DATA ENTRY AGREEMENT Spandro.corn Inc. is pleased to again have the opportunity to provide professional services for the Baal soar to be held on Saturday, June 24, 2006 in Meridian, Idaho. This Finish Line, Timing/Scoring & Data Entry Agreement details the professional services and equipment to be provided by Spondoro.com Inc. Wil be done using the AMB Tinting System. Rental of Tinting Chip, Finish Lire &Tinting/Scoring: $2.50 per registered participant. Based on 150 participants. Prepare Participant Packets/labels: $025 each and includes the Bib #, safety pins, Tinting Chip & Strap. S ndoro.com Inc. will provide the envelopes and labels. The EVENT supplies the Bib #`s, safety pins and places the label on the bib #. Based on 150 participants,. Data End.• $0.75 per registered participant Participants signing up Days -of -Evert Add $0.75 per registered parent ADDITIONAL -EXPENSES $.75 per mile (estimated). Lodging Expense: ro be provided by EVENT XMMRY 0 ES-1jM& ED Q EWES (based on an estimate of 300 participants) Estimated Data Er tiy/Timing/Scoring Estimated Packet Pron Estimated Event Day egistration Estimated Tavel Expense TOTAL ESTIMATE $375.00 $37.50 N/A N/A WA N/A 375.00 37.50 WA WA $-412.50 Services/Equipment Includes! in Base Hates • Free downloadable entry on the Spondoro:cona website • Free direct rink from the Spondoro.com website to your official event website • Free assistance with the set up of secured inn -line Entry (includes processing & 24 hour access to your database, the participant is charged a norninal processing fee by Spondoro.com — the EVENT receives their full entry fee) • Assist with the design of the data election portion of the event entry form • assist with obtaining event numbers for compatibility with Spondoro.com timing format (the EVENT is responsible for the cost of Me event bib num rs) • Data entry of all registered participants, including day -of -event • On-line confirmations on the Spondoro.com website for mail -in & ori -line registrants (on -rine entries receive an immediate confirmation) • Labels for event tags (ap them to the event bibs for mail4n & on-line registrations] • Alphabetical listings of al 're -registered participants for pre -event packet pickup and day -of -event packet distribution • A count of pre -sold t -shirts to aid in proffer distribution • All timing and finish line equipment needed to produce the results/scoring • Event clock at the finish line • Provide a list of volunteer requirements and job descriptions for registration & timing needs • Training of the ti 29 volunteers • Printlpost all unofficial results on day -of -event at the finish area • 'Award results" for the post event awards ceremony • Complete participant database on disk in text or comma delimited format (upon request) • Results to the local media on disk andfo r hard copy (upon request) • Labels for mailing T-shirts and/or awards to division winners (upon request) • Complete event results posted on the Spondbroxam website TERMS AND AGREEMENT FINISHUNE, TIMING I SCORING & DATA ENT, RY DAY-OF-EvEfdT Raw, s $ GuARmTa It is the goal of Spondrno_com Inc. to begin posting rents within mintiles of the fust participant crossing the finish line. We stmt on our reputation for producing timely results. Flowever, due to our reliance upon electronic equipment (that can matlunction) we cannot guarantee computer results the day of the event. We do guarantee to provide the Overall Top 5 Male and Female finishers for bre awards ceremony. We orramntee completion of all commuter services within three (3) days past -event The EVENT is to provide the following Finish Linef iming Voturdeers. The foibiring is an esrerrrare (based on current expected event participation): TMng/Scaft. 4 Chip Retrieval 2 In the case that an Insufficient number of volunteers are provided for Setup and Tir rur ing/Scoft (according to the above list ), we cannot guarantee "posted' results or awls" results at the event. (Event representative Inlfhits 1 The EVENT is responsible for: ♦ Securing the timing areas (locations where Timing Mats are placed) against vehicle tragic at least 66 minutes prior to event start to allow sufficient time for equipment set-up and ting. {Event representative InHhVs_ ? ♦ Ali events using AUS Tl uft are responsible for ALL Ttrntrro Chios not returned. The EVENT will be bled $75.611 for each Timing Chip riot returned within 34 days past event (Event representative iod#ats_ j The signing and returning of the origtrral cW of this agreement, along with a $25ft ran -refundable deposit' (to be applied to final billing) wiU guarantee the availability of Sp Dridoro.com Inc. for your event Final btiltng to be made within 30 days post event It Is understood that the EVENT is responsible for all expenses regi to the pm on of this event Date: [nate. Sponftm.cora Inc. Representative T" Representative Len Anderson Mayor Tammy de Weerd Address. 3592 E. Congressional or. CItyPSWe0p: Meridian, Idaho 83642 Phone: (268) 346-0472 "alma rn LWwvf . ua+u .a�nn Address: 11 W. Bower CitylState0p: Meridian, Idaho 83642Of +\,11111111111//// \���� / sant® E-mail (nfonrralion@Spondoro.corn Pune: (288) 88&3579 Webstle: ww Spor d6m com E-mail: ancity.ortJ Weise: t�,�,,� c/ � 6 -6 �tvt� ®_ `f9 uWng Spw doro. corn online regiWatiorr Spondoro dow aequft a non4aftmdable d0oatNtt w171 ap to (he herds recefwd fhrough on&* reostraffm. 19 Atc = � ;,Lei 'r rllltttll\`X • June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. S -X REQUEST Approve Beer and Wine License Applications for Tom Atkins for 43 North at 112 E. Idaho Avenue: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. 6 REQUEST Update of the Property Tax Assessment for the City of Meridian by Robert McQuade, Ada County Assessor: 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 P CIXJ4111� Date: Phone: Staff Initials: Materials presented at public meetings shoo become properly of the City of Meridian. 10 0 6/6/2006 Meridian City Primary Roll Assessment Notice Summary 5/24/2006 2005-06 2006 2005 % Change City Total Total Meridian City Market Valuel 5,891,435,000 4,058,065,2741 45.18% Total Meridian City Taxable Valuel 4,643,010,8731 3,391,428,574 36.90% (taxable value excludes HOE and urban renewal) Urban Renewal Area Breakout Meridian MDCJ 82,797,2961 40,510,52 104.38% Comparison of Previous Year New Construction Residential New Residential Count Commercial New Commercial Count New Subs/Change Status % value increase of existing residential improved properties % value increase for existing commercial improved properties Residential Property Tax Burden Commercial Property Tax Burden (UR, Operating Property & Sub Roll Included in calculation) New Construction 695,193,626 Residential 40.49% 417,020,325 Residential Market Value ,424,700 2,916,372,900 47.39% Residential Parcel Count 25,403 21,863 16.19% (Residential includes manufactured Homes) 83 54.22% 192,283,301 171,066,288 Commercial Commercial Market Valuel 1,593,010,300 1,143,674,400 39.29% Commercial Parcel Count[__3,456 3,139 10.10% (Commercial includes Personal Property) Comparison of Previous Year New Construction Residential New Residential Count Commercial New Commercial Count New Subs/Change Status % value increase of existing residential improved properties % value increase for existing commercial improved properties Residential Property Tax Burden Commercial Property Tax Burden (UR, Operating Property & Sub Roll Included in calculation) New Construction 695,193,626 494,832,404 40.49% 417,020,325 230,304,616 81.07% 2,858 1,817 57.29% 85,890,000 93,461,500 -8.10% 128 83 54.22% 192,283,301 171,066,288 12.40% Increase Estimates 22.57% average 6.33% average 22.32% median 5.60% median 14.60% average 3.79% average 9.10% median 1.09% median 2005 65.15% 34.85% Assessment Notices Assessment Notices Assessment Notice Mailing Date[5/26/2006 5/27/2005 28,8591 25,002 RECEIVED JUN -6 2006 City of Meridian City Clerk ice 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office REQUEST Paint the Town Proclamation: June 6, 2006 AGENCY COMMENTS Department Reports ITEM NO. 7-A-1 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: vk kI 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 meetinos shall become properly of the City of Meridian. CITY OF IDAHO bra ofe7Vr� ti�F�StlFtE 1903 The Office of the Mayor TROCLAWATIOX WHEREAS, on June 10, 2006, the 24th Annual Paint The Town will take place involving over 2,500 volunteers who will paint the homes of 86 elderly, low-income and disabled Treasure Valley residents; and WHEREAS, approximately 12 homes will be painted in the City of Meridian; and WHEREAS, Paint The Town is a program of Neighborhood Housing Services, Inc. and is sponsored by 94.9 The River, Idaho's News Channel 7, The Idaho Business Review, Ada County Association of Realtors, Allstate Insurance, BMC West, U.S. Bank, Washington Mutual and many other businesses and organizations; and WHEREAS, this outstanding community service project will benefit senior citizens and disabled residents who find it difficult to maintain the beauty and condition of their homes; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Saturday, June 10th, 2006, as (faint q - he Town Day in the City of Meridian and acknowledge those volunteers that support enhancing our community. Dated this 6th day of June, 2006., Tammy dbard, Mayor Shaun W te, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council CITY OF IDAHO The Off ce of the Mayor PROCLAMATION WHEREAS, on June 10, 2006, the 24th Annual Paint The Town will take place involving over 2,500 volunteers who will paint the homes of 86 elderly, low-income and disabled Treasure Valley residents; and WHEREAS, approximately 12 homes will be painted in the City of Meridian; and WHEREAS, Paint The Town is a program of Neighborhood Housing Services, Inc. and is sponsored by 94.8 The River, Idaho's News Channel 7, The Idaho Business Review, Ada County Association of Realtors, Allstate Insurance, BMC West, U.S. Bank, Washington Mutual and many other businesses and organizations; and WHEREAS, this outstanding community service project will benefit senior citizens and disabled residents who find it difficult to maintain the beauty and condition of their homes; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Saturday, June 10th, 2006, 6, as (Paint 2 -fie town Day in the City of Meridian and ac knowledge those volunteers that support enhancing our community. Dated this 6th day of June, 2006. Tammy do eerd, Mayor Shaun Wairdle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council 0 ! June 2, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Mayor's Office ITEM NO. 7-A-2 REQUEST Mayor's Youth Advisory Council Report: 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 properly of the city of Meridian. 0 0 "Hi I'm RoAnne de Weerd. I'm currently the chair of Mayor's Youth Advisory Council (MYAQ. I love to be very Involved In the city. I feel It's very Important for my peers and I to get our voice heard. My way of doing that is serving on Meridian's Promise, Anti -Drug Coalition, Wellness Committee, and of course MYAC. I love to stay involved in all types of politics starting with city level to International level. When I'm not working In the city I love to play sports and hang out with friends. I have been playing soccer since the age of 5. I play on club teams and my high school team. I do atc (athletic training center) as well to keep In shape for my sport. I love my friends, so I hang out with them whenever I'm not busy. I love to shop and cruise downtown. I love clothes, accessories, and hair stuff. I LOVE tea, coffee, and soda. So I guess you could say I like caffeine. My plans for the future include going to college right after I graduate In '08. I want to do my first year or two at WSU (Washington State University). From there I want to go to a prestigious school near Washington D.C. to engage myself in and around the political world. When I'm older I want to work In national politics. So I guess just a average day teenager that loves to stay Involved In her city and do well at school." 0 0 Hello! My name is Gina Darosa. I am seventeen years and will be a senior at Mountain View High School in the fall. I love to be involved in my school and held a position on student council for the past two years along with being a cheerleader. I am the treasurer of the Mayor's Youth Advisory council and have been attending meetings for two years. I have been involved with Meridian's Promise and the Ami -Drug Coalition as well. My name is Jennifer Bokenkamtp. I am seventeen years old and I am going to be a senior next year at Mt. View High School. I am taking summer school courses this summer in order to graduate early in January. I am now the Vice — Chair for the Mayors Youth Advisory Council. I hope to continue to be involved with the city of Meridian. I am interested in studying international relations, but my intended major is undecided. Traveling is something I really enjoy and cannot wait to travel outside the country more! 0. • June 2, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Mayoes Office ITEM NO. 7-A,3 REQUEST Impact Fee Committee Appointments 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 meeHnas shall become Properly of the City of Merman. 0 . June 2, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Parks Department - Doug Strong ITEM NO. 7-8-1 REQUEST Update on Bids for the Meridian Youth Baseball Project 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: Emalled: q _ j7A- ��� yr 6L J,t' y�l� Date: Phone- Staff Initials: Materials presented at public meetings shall become properly of the city of Meridian. Jun 02 06 02:48p Leighton Enterprises Inc 2089386229 p.l _.-.'.R"3ECE1VEDj �c:.K„„�•. r,. `sem . JUN 0 2 2006 City Of Meridian Office: 33p n03j `,�,,City Clerk Office _.,.._........ ..... 21Fax: 938-6220 _..._... _.........._..:.. _. c. FAX COVER RAX TO: NAME FAx # COMPANY f► �� IDATE FROM e NUMBER OF PAGES INCLUDING THIS COVER SHEET� MESSAGE JUN 02 106 15:15 Jun 02 06 02:49p Leighton Enterprises Inc 2089386229 p.2 0 • PART If — PROPOSAL FORM Bidder McAlvain Construction, Inc. Date: May 30, 2006 THIS PROPOSAL is hereby submitted to Stock CMS (hereinafter called "Construction Manager" or "CM") pursuant to NOTICE/INSTRUCTIONS TO BIDDERS. HAVING CAREFULLY studied the Bid Documents including the Subcontract Scope of Work, drawings & specifications, Standard Provisions, and other documents provided with this RFP, including the Addenda outlined below, and being fully aware of the conditions affecting and governing the construction of said project, the undersigned hereby proposes to furnish all supervision, material, labor, tools, equipment, insurance, taxes, licenses, and all other items necessary to perform the Subcontract Scope of Work as specked for the following sums of money and that should this proposal be accepted by CM, that the Lump Sum Price and all Proposal Form Attachments shall become the Subcontract Prices subject only to such changes as shall be agreed to by CM and bidder in writing prior to acceptance of this proposal. THE UNDERSIGNED, hereinafter referred to as 'Bidder", or "Subcontractor", certifies to CM that the following facts and/or circumstances have occurred or exist relating to the proposed work to be performed. BIDDER acknowledges that Bidder has visited and has thoroughly examined the site for proposed work, and without limitation, has ascertained fully all pertinent conditions which may in any manner bear upon the performance of the work herein proposed and the compensation Bidder proposes therefore and acknowledges receipt of and familiarity with and understanding of the Subcontract Documents as hereinafter defined. BIDDER agrees to commence, perform, and complete the Work as provided in the Bid Documents. Work shall commence and complete in accordance with all of these documents. WORK TO BE PERFORMED: Bidder proposes to perform the work described in and in strict accordance with the following Subcontract Documents issued as part of said Notice/Instructions to Bidders (all of which is hereinafter sometimes called the "Work"). COMMENCEMENT AND COMPLETION: Bidder agrees to commence, perform and complete the work as provided in the Subcontract Documents. Offsite work shall commence as of the date of the Subcontract, and field work shall commence on the date specified in CM's Notice to Proceed with field work. Work must be performed by trained and skilled craftworkers. UK JUN 02 '06 15:16 2889386229 Jun 02 06 02:49p Leighton Enterprises Inc 2089386229 p,3 ! i BIDDER acknowledges receipt of the Addenda specified below. This Proposal is submitted in full compliance with such Addenda. ADDENDA RECEIVED: Number 2 Date 5-24-06 5-30-06 BASTE PROPOSAL PRICE: The firm Total Lump Sum Price shall represent bidder's total remuneration for this work including all direct and indirect costs, profit, taxes, bonding, insurance, mobilization, demobilization, and any and all other costs associated with the project. Total Lump Sum Price $ Q U (� , 00 (Firm -not su ject to escalation) j Wo1e: du otA-, are 1. c-(,Je,( n k�+tf blq, UNION AGREEMENTS: Bidder agrees to inform CM of any and all union agreements to which Bidder is signatory and provide copies of said agreements that are intended to be used in the performance of this work. BOND REQUIREMENTS: Please fill in the Bond Rate in the appropriate line on Proposal Attachment "A- 1" Schedule of Pricing. MINORITY BUSINESS: Is Bidder a Minority Business? Yes _ No --IL-. If not, what estimated percentage of the total quoted price does Bidder intend to award to minority lower tier suppliers? @ %. A Minority Business is of a culturally or economically disadvantaged or racial minority group, including, but not limited to American Indians, American Eskimos and Aleuts, American Blacks and American Latinos. SMALL BUSINESS: Is Bidder a Small Business? Yes No x. A Small Business Concern, including its affiliates, is defined as a concern which is independently owned or operated, is not dominant in the field of operations in which it is bidding, and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria as prescribed by the Small Business Administration. BY SUBMITTING A RESPONSE to this Request for Proposal, Bidder agrees that, if selected, they will agree to all of the terms and conditions outlined in the attached Subcontract Agreement without exception. THE FOREGOING OFFER shall be binding upon Bidder until Yt^ h e- s , Z d oto and may be accepted any time on or prior to said date. rtca.ivain L;onstru, fr By JUN 02 106 15:16 RCE -1318 13006 -AAA -t- -4(02850) License # Phone No. 208 362-2125 2089386229 PAGE.03 Jun 02 06 02:49p Leighton Enterprises Inc 2089386229 p.4 • 0 Printed Name Torry McAlvain Title President paxNo, 208 362-4356 Address 5559 West Gowen Road Boise,Idaho 83709-5626 Date May 30, 2006 State whether Bidder is Corporation, Individual or Partnership. If Partnership, give names of Partners. Corporation Corporation Date of incorporation 2-81 Individual State of Incorporation Idaho Partner Partner Partnership 'go'Sk"-i (D Qj770C.� JUN 02 '06 15:1? 2089386229 PAGE.04 Jun 02 06 02:49p Leighton Enterprises Inc 2089386229 p,s i PART Il — PROPOSAL FORM Bidder Hillside Landscape Construction Date: May 30, 2006 THIS PROPOSAL is hereby submitted to Stock CMS (hereinafter called "Construction Manager" or "CM") pursuant to NOTICEANSTRUCTIONS TO BIDDERS. HAVING CAREFULLY studied the Bid Documents including the Subcontract Scope of Work, drawings & specifications, Standard Provisions, and other documents provided with this RFP, including the Addenda outlined below, and being fully aware of the conditions affecting and governing the construction of said project, the undersigned hereby proposes to furnish all supervision, material, labor, tools, equipment, insurance, taxes, licenses, and all other items necessary to perform the Subcontract Scope of Work as spaded for the following sums of money and that should this proposal be accepted by CM, that the Lump Sum Price and all Proposal Form Attachments shall become the Subcontract Prices subject only to such changes as shall be agreed to by CM and bidder in writing prior to acceptance of this proposal. THE UNDERSIGNED, hereinafter referred to as "Bidder", or "Subcontractor", certifies to CM that the following facts and/or circumstances have occurred or exist relating to the proposed work to be performed. I BIDDER acknowledges that Bidder has visited and has thoroughly examined the site for proposed work, and without limitation, has ascertained fully all pertinent conditions which may in any manner bear upon the performance of the work herein proposed and the compensation Bidder proposes therefore and acknowledges receipt of and familiarity with and understanding of the Subcontract Documents as hereinafter defined. BIDDER agrees to commence, perform, and complete the Work as provided in the Bid Documents. Work shall commence and complete in accordance with all of these documents. WORK TO BE PERFORMED: Bidder proposes to perform the work described in and in strict accordance with the following Subcontract Documents issued as part of said Notice/Instructions to Bidders (all of which is hereinafter sometimes called the "Work"). COMMENCEMENT AND COMPLETION: Bidder agrees to commence, perform and complete the work as provided in the Subcontract Documents. Offsite work shall commence as of the date of the Subcontract, and field work shall commence on the date specified in CM's Notice to Proceed with field work. Work must be performed by trained and skilled craftworkers. STD C K JUN 02 106 15:17 Jun 02 06 02:50p Leighton Enterprises Inc 2089386229 p.6 BIDDER acknowledges receipt of the Addenda specified below. This Proposal is submitted in full compliance with such Addenda. ADDENDA RECEIVED: Number Date 1 05.24.06 2 05.30.06 BASE PROPOSAL. PRICE: The firm Total Lump Sum Price shall represent bidder's total remuneration for this work including all direct and indirect costs, profit, taxes, bonding, insurance, mobilization, demobilization, and any and all outer costs associated with the project Total Lump Sum Price S 2,008,000.00 (Firm - not subject to escalation) UNION AGREEMENTS: Bidder agrees to inform CM of any and all union agreements to which Bidder is signatory and provide copies of said agreements that are intended to be used in the performance of this work. BOND REQUIREMENTS: Please fill in the Bond Rate in the appropriate line on Proposal Attachment "A- 1" Schedule of Pricing. MINORITY BUSINESS: Is Bidder a Minority Business? Yes — No X. If not, what estimated percentage of the total quoted price does Bidder intend to award to minority lower tier suppliers? 0 %. A Minority Business is of a culturally or economically disadvantaged or racial minority group, including, but not limited to American Indians, American Eskimos and Aleuts, American Blacks and American Latinos. SMALL BUSINESS: Is Bidder a Small Business? Yes No X-. A Small Business Concern, including its affiliates, is defined as a concern which is independently owned or operated, is not dominant in the field of operations in which it is bidding, and can further qualify unaler ilia uriteria wncerning number of employees, average annual receipts, or other criteria as prescribed by the Small Business Administration. BY SUBMITTING A RL -SPONSE to this Roquest for Proposal, Bidder agrees that, if selected, they will agree to all of the terms and conditions outlined in the attached Subcontract Agreement without exception. THE FOREGOING OFFER shall be binding upon Bidder until June 9. 2006 , and may be accepted any time on or prior to said date. _Hillside Landscape Construction Bidder By Cliff Yochum � STACK ea+mmuenow ra+r.+oerru a eseo.+eea o+¢ JUN 02 '06 15 18 10651 -AAA -4 License # Phone No. 208.343.2545 2089386229 PAGE Jun 02 06 02:50p Leighton Enterprises Inc 2089386229 p.7 i IPrinted Name Cliff YoChum Title President Fax No. 208.343.9655 Address 3900 N. Can Ada Road Nampa, ID 83687 Date May 30, 2006 tState whether Bidder is Corporation, Individual or Partnership. If Partnership, give names of Partners. Corporation Corporation Date of Incorporation 01.01.1986 Individual State of Incorporation Idaho Partnership Partneriig _� sy Partner 00* qA HO s SQA L �28 Mectrical Sub: Anderson and Wood 2120 E. Lanark Street Meridian Idaho, 83642 10702 -AAA -1-3 / C4480 Plumbing Sub: tCloverdale Plumbing PO Box 99, Meridian Idaho 12536-AAAGU675 C `I 9 W r Cfp1'J7PUCTIW �, lai I�iDC�ICI A BEPNCCS ori JUN 02 '06 15:18 2089386229 PAGE.07 • Sharon Smith Page 1 of 1 L-C)(0G CtGVL�7 From: Will Berg = Sent: Monday, June 05, 2006 5:36 PM To: Tara Green; Sharon Smith Cc: Shaun Wardle; Keith Bird; Charlie Rountree Subject: FW: Memo - MYB construction bid Attachments: Memo - MYB construction bid.doc Department Report Item on the City Council agenda for 6-6-06. Thanks.... Will From: Doug Strong Sent: Monday, June 05, 2006 5:30 PM To: Will Berg Cc: Tammy de Weerd; Joe Borton Subject: Memo - MYB construction bid REG - . EIVED JUN o s zoos CJ7'Y OF MERIDIAN CITY CLERK OFF -0(;E I was requested to put together the attached memo to Council today following a meeting regarding the bids for the Meridian Youth Baseball project that will be discussed at Council on Tuesday. 6/6/2006 Memo To: Mayor/City Council Cc: Will Berg From: Doug Strong Date: June 5, 2006 nE.CEIVED JUN 0 52006 617Y OF MERIDIAN C11 -i' CLERK OFFICE Re: Meridian Youth Baseball Project — Meridian Settler's Park Two project proposals to construct the eight field baseball complex planned for the western 23 acres of Meridian Settler's Park were received on May 30, 2006. The breakdown of the bid proposals are as follows: • McAlvain Construction, Inc. $1,969,000.00 Hillside Landscape Construction $2,008,000.00 Both bids are over the current budget available for this project of $1,690,000.00. The low bid is $280,000 over and the next bid is $318,000 over budget. It is imperative that this project get underway as any additional delays will increase project costs further and cause the fields to not be ready for play by summer of 2007. Staff is requesting that the Council approve a budget amendment of $280,000 and award the contract to McAlvain Construction for completion of the project. Staff also recommends that Council request that Meridian Youth Baseball, Inc., commit to pursuing any possible donations that would reduce the final cost of phase one of the project and submit in writing to the Department and to the Council any donations received for the project. JUN. 5.2006 3:52PM MCALVAIN CONST June 5, 2006 Mr. Erik Holinka Stock Construction Management Services, Inc 2990 Wise Way Boise, Idaho 83714 Re: Meridian Youth Baseball — Settler's Park Bid Dear En'k: N0. I L) I r. 1/I~- 0 EgLW 00DOItanily Fmnin— JUN - 5 20% i�ity of Meridian "dly Clerk ®ffic, It has come to our attention the Meridian City Council does not meet until Tuesday, June 6 that meeting, the contract For the above referenced project will bean item for discussion on agenda. , 200b. At the Council's Therefore, in order to accommodate the City of Meridian's meeting schedule, McAlvain Co agreed to extend the expiration date of their proposal to 5:00 pm Wednesday June 7, 200u�n has IF you have any questions regarding the above, please Feel free to call me at your convenie6. nce. erica. Melw. � 6 Torry McAlvain President cc: Will Berg, City Clerk ID REGISTRATION RCE -1318 JUN 05 '06 16:20 5559 W, GOWEN RD BOISE, IDAHO 83709 (208) 362-2125 FAX (208) 362-4356 0 CITY of MERIDIAN Detailed Statement of Revenues and Expenditures - Summary of Impact Fees From 4/1/2006 Through 4/30/2006 Budget with GL Code PARK DWACT FUM Amendments Current Year Actual Revenues 34781 Park Impact Fee Revenues 36100 1,200,600.00 1,123,432.41 Interest Earnings 63,800.00 ?8,955.28 Total Revenues 1,264,400.00 1,202,387.69 Total REVENUES 1,264,400.00 1,202,387.69 OPERATING COSTS 55000 Professional Services 30,200.00 55102 Investment Services 3,275.00 ' 0.00 1,480.00 Total OPERATIN( 30,200.00 4,755.00 Total OPERATING C( 30,200.00 4,755.00 Capital Outlay 91000 Capital Outlay - Land 570,157.00 93415 Borup Property construction 120,157.15 93422 Park at Fire Station 8,559.00 0.00 96011 CTP - Police Station/Park 33,250.00 0.00 96156 Adventure Island Equipment@56acres 7,078.00 4,122.50 96902 Bear Creek Development 242,444.00 431.40 96903 Settlers Park construction 92,972.00 23,653.27 96904 Settlers Park Youth Baseball constr 209,646.00 1,446,215.00 148,163.00 96920 Kiwanis Park Construction 350,783.00 89,588.82 96921 hero's Park construction 674,769.00 15,962.79 96922 Champion Park construction 185,058.00 284,120.54 96923 Season's Park construction 370,897.00 13,525,60 222,244.55 Total Capital Out: 9,141,828.00 921,969.62 TOTAL EXPENDITURES (4,172,028.00) (926,724.62) Fund Balmrce at 9/30/2005 On revenue 3,627,778.00 Iss FY2006 app vprietions 1,264,400.00 (47172,02KOD) 171 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Public Works Department - Len Grady ITEM NO. 7-C-1 REQUEST Water Master Plan Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See affached CITY PLANNING DIRECTOR: 0 Department Reports CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: r CITY SEWER DEPT: CITY PARKS DEPT: n, 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: Matertcls Presented at Pub& meetings shafl become properly of the City of Meddlan. Tara Green From: Sent: To: Subject: • Len Grady Thursday, June 01, 20061:23 PM Page 1 of 1 Tara Green (greent@meridiancity.org)'; Sharon Smith; 'Will Berg (bergwomeddiancity.org)' CC Agenda Items Attachments: 2006 MP Board Presentation 2006.ppt I would like to add the two topics under Public Works Department Reports: Water Master Plan Update (attached) Sewer Master Plan Update (Will come in ham copy this PM). Thanks Len 6/1/2006 Mril M1 ity of Meridian Master Plan Updat David Stangel P.E. CH2M HILL June 6, 2006. ry of Master Planning • Existing System —Water Use -Supply . —Storage Dist-ibutio n Storage Distribution Water Quality e. I f� q :� v Water System Challenges GROWTHN! . Management of Where and When Development Occurs AdidiMbilka Water Quality Higher Uranium Levels in Some Wel Lk—; — CH2—H LL r Tx� X Water System Strengths �'• Proactive Staff Frequent PlanningEfforts • Advanced Modeling Tools and Users • Robust Pipeline Grid Distributed Sources Multiple Pressure Reducing Valves Between Zones Future Ai System 0 9 Im • June 2, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Public Works Department - Len Grady ITEM NO. 7-C-2 REQUEST Sewer Master Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftached 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: r -&f frl� llv� y Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNV of Meridian. 0 0 2m o 25m 5000 So02 of FEEr LEGEND > r- m-DERmo'rr :La a O� mveaao5 Q mnu LVl STAT 18' 24 m5p1�8®� if LIQ CITY OF MERIDIAN N $ ! a 12005 ADDITION TO 2003 MASTER PLAN FIGURE 2 MASTER PLAN TRUNK LINE SEMS-ALT.1 moa viii wanwrumum�mrv.wm®u.m J -U -B ENGINEERS, Ina 26D S. Beechwood Avenue Sub 201 Boise, h8dio 8370894 Phmm: 298876,7330 I—.. 20L3Z{5336 wwwJubmm II— T --T L pu LEGEND P -1P 1P•1P t8'YP ffi-]P YPSC ®P9TWD �o1/I8 D LPTBTATPN 18° 24 � so8 e® go CITY OF MERIDIAN 2005 ADDITION TO 2003 MASTER PLAN wwrreAumcimmr®a°"�aa� TMmosav FIGURE 4 MASTER PLAN TRUNK DEPTHS-ALT.1 J -U -B ENGINEERS, InC. , 260 S. Besohwood Av . 30 Bolas, WehW 201 83708-O944 Fac 2083Zi.9336 —41b— RECEIVED JUN 0 2 2006 Ciiy Of MeridiaD Clerk Office LEGEND ® anmm�ruwanmrmwmnm aoaalammm�enmrao�mmnav amnseawmpar � aaeA,eouempar _ - — aaoo o moo amo SC" IN Fta LIQUEN BLVD (W . - McukLA , ROAD -. 9 OMRMLAW 44W .... - .-. AMMROgD - :.:- LAKEMELROW e $ r CITY OF MERIDIAN ® J -U -B ENGINEERS, Inc. 0 a g - 2005 ADDITION TO 2003 MASTER PLAN ." iso S. Beachwood Av . s awno-vamm�,m.wauammmv�,,. FIGURE Sub= I� Bolas, Idaho 83708-0944 PLANNING BOUNDARIES �32M � Fex:208.9MGi,993B waw.jubwm June 2, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Planning Department ITEM NO. 7-D-1 REQUEST Letter to Board of Commissioners Regarding North Meridian Area of Impact AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shop become property of the City of Meridian. 9 Tara Green From: Matthew Ellsworth Sent: Friday, June 02, 200611:43 AM To: Tara Green Cc: Anna Canning; Steve Siddoway Subject: Adgenda Attachments: DraftLetter1.doc Tara: Here is the letter for Council's consideration. Thanks again, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 6/2/2006 0 Page I of I 0 • June 2, 2006 Ada County Board of County Commissioners c/o Mark A. Pecchenino, Ada County Development Services and Pete Friedman, Ada County Development Services 200 W. Front Street Boise, ID 83702-7300 Re: Renegotiation of Ada. County/City of Meridian Area of City Impact (AOC') Dear Commissioners, The purpose of this letter is to provide an update on progress made by the City of Meridian (City) on requests made by the Board of County Commissioners (BOCC) at the open business meeting held on November 22, 2004. At the open business meeting, the BOCC presented the following tasks for completion prior to proceeding forward with a town hall meeting in accordance with County CPA procedures': 1. Meet with the City of Eagle to negotiate the impact areas sought by both municipalities. 2. Survey the affected neighbors, those property owners located in the proposed area of impact, to determine which impact area they prefer. 3. Complete and provide an approved and updated Comprehensive Plan incorporating the proposed AOCI boundaries. 4. Identify potential trade areas, geographic factors and areas that can reasonably be expected to be annexed into the city in the future. In response to the first request, after extensive research and staff level discussions, the City of Meridian held a Joint City Council Meeting with the City of Eagle on February 21, 2006. After a discussion of the area in question (north of Chinden to the Phyllis Canal, and [roughly] from McDermott to Linder), both Councils agreed that the area is appropriate for inclusion in the proposed Meridian AOCI. The City approached the second, third, and fourth requests together in preparation of the North Meridian Comprehensive Plan Amendment. To gather resident input, staff held meetings throughout the planning process with identified stakeholders and landowners. In May of 2005 the City conducted a public open house, followed by two community workshops later that summer. Prior to the first meeting, owners of large parcels received direct mailing notifying them of the meeting date, time, and place. In addition to advertising in the news media, the City compiled a list from sign -in sheets, direct requests, etc. to keep interested parties informed throughout the process. The City then incorporated comments received at the public meetings into the final Plan document. A All requests were reiterated m a letter from Mark Pecchemno to Mayor Tammy Deweerd, dated February 17, 2005. 2 Please see attached map. public hearing held on September 22, 2005, allowed further opportunity for interested parties to provide input and public testimony. In identifying potential trade areas with consideration of geographic factors (in accordance with request four), it became apparent that the proposed boundary makes more sense with inclusion of the four square miles bordered to the east and west by McDermott and Can -Ada, and to the north and south by Chinden and Ustick. As the City -level Comprehensive Planning process ensued, it also became clear that this alteration is desired by both the City and affected residents. Having now completed and adopted the North Meridian Comprehensive Plan Amendment, the City is interested in continuing forward with the renegoation process. The City therefore requests that the Board of County Commissioners allow an adjustment to the initially proposed boundary as presented in November of 2004 to include this four square mile area. Should the BOCC be amenable to this request, the City is eager to meet with County Staff and present the updated information necessary to continue negotiations and staff review. The North Meridian Comprehensive Plan Amendment in the result of a great deal of time and effort, and the City looks forward to carrying this process along. Thank you for your time and consideration of this matter. Respectfully, Tammy de Weerd Mayor, City of Meridian Attest: Will Berg, City Clerk CC: Mark Pecchenino Pete Friedman • June 2, 2006 is Department Reports MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Legal Department ITEM NO. 7-E-1 REQUEST Update on Architect and Construction Management Contracts for New City Hall Building 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 property of the City of Meridian. • 0 June 2,2W6 FP 06-022 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Eagle Springs Investments, LLC ITEM NO. 9 REQUEST Final Plat approval for 22 single-family attached residential building lots, 2 single-family detached residential building lots and 3 common lots on 5.87 acres in an R-8 zone for Windham Place Subdivision - 2640 N. Meridian 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 Staff Comments No Comment See attached Comments See attached Comments Date: Phone: 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 EAGLE SPRINGS INVESTMENTS, LLC FOR FINAL PLAT APPROVAL FOR 22 SINGLE-FAMILY ATTACHED RESIDENTIAL BUILDING LOTS, 2 SINGLE-FAMILY DETACHED RESIDENTIAL BUILDING LOTS AND 3 COMMON LOTS ON 5.87 ACRES IN AN R-8 ZONE LOCATED AT 2640 N. MERIDIAN ROAD IN THE SE/40F THE NW 1/a OF SECTION 6, T. 3N., R. 1E. C/C June 6, 2006 CASE NO. FP -06-022 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 June 6, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 6, 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 WINDHAM PLACE SUBDIVISION LOCATED IN THE SE/40F THE NW '/ OF SECTION 6, T. 3N., R. 1 E., BOISE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDHAM PLACE SUBDIVISION / (FP -06-022) Page 1 of 4 0 • MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 04/19/06, SHEET 1 OF 2, MUNGE ENGINEERING, INC.", EAGLE SPRINGS INVESTMENTS, 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 Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 6, 2006, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 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 Munger Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their June 6, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDHAM PLACE SUBDIVISION / (FP -06-022) Page 2 of 4 0 0 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 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 TAIGNGS 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 WINDHAM PLACE SUBDIVISION / (FP -06-022) 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 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 & -tk day of Q '2006. Berg, Jr., City Clerk Copy served upon Applicant, the City Attorney. Public Works Department, and By: I 1 61 1��� Dated: -D3 Ul® ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDHAM PLACE SUBDIVISION / (FP -06-022) Page 4 of 4 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAGMENTS STAFF REPORT 01 STAFF REPORT: Hearing Date: June 6, 2006 Transmittal Date: June 1, 2006 OV,6rridian TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator M C SUBJECT: Windham Place Subdivision Request for Final Plat Approval of Windham Place Subdivision Consisting of 22 Single -Family Attached Residential Building Lots, 2 Single -Family Detached Residential Building Lots, and 3 Common Area Lots on 5.87 Acres in an R-8 Zone by Eagle Springs Investments, LLC (File# FP -06-022). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Eagle Springs Investments, LLC, has applied for final plat approval of 22 single-family attached residential building lots, 2 single-family detached building lots, and 3 common area lots on 5.87 acres of land for Windham Place Subdivision. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The gross density of the proposed subdivision is 4.09 dwelling units per acre; the net density is 4.98 dwelling units per acre. Windham Place Subdivision is located on the east side of Meridian Road, 1/2 mile south of Ustick Road in a portion of the SW 1/a of the NW 1/a of Section 6, T. 3N., R. IE. This property has not been previously platted. Staff recommends approval of Windham Place Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP -05-055) and annexation and zoning (AZ -05-053). 2. The applicant has indicated that the Nampa and Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Therefore, a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary Exhibit "A" FP -06-022 Windham Place Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPAWENTS STAFF REPORT where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Fencing along the multiuse pathway and open space lots shall be limited to either 4 -foot solid fencing, or 6 -foot open vision fencing per UDC 11-3A-7 6. Sanitary sewer to this site is being proposed via extensions of planned sewer mains in Brienholt Subdivision to the south. These mains are not currently installed and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 7. Applicant will be responsible to construct all sewer mains necessary to serve this project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Water service to this site is being proposed via extensions of existing sewer mains from Fothergill Pointe and the planned Brienholt Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development including the trunk main, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Prior to signature on the final plat by the City Engineer the applicant shall submit a copy of a discharge agreement with the appropriate agency that allows storm water discharge to the South Slough. 10. Any water meters located in a common driveway shall be constructed of upgraded materials per City of Meridian Standard Specifications, Drawing 7.08 note 3. 11. Prior to signature on the final plat, remove all existing structures that do not meet the applicable setback and zoning regulations. 12. A permanent public pedestrian easement shall be recorded, in favor of the City of Meridian, for the South Slough pedestrian pathway prior to certificates of occupancy being issued for this phase. The easement shall be sufficient width to cover the 10 -foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Park's Department and conform to the Park's Department standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway (no note necessary on plat). 13. "The Applicant shall contact Bryce Farris of Ringert Clark Chartered Lawyers (or the current attorney for Nampa Meridian Irrigation District) at 3424591 to initiate the License Agreement process for the public multi -use pathway located on Lot 2, Block 1. The License Agreement is required under the Master Pathway Agreement between the City of Meridian and NMID, dated December 19, 2000. It is the developer's responsibility to initiate the License Agreement request and provide all information required by NMID's attorney." 14. 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. Exhibit "A" FP -06-022 Windham Place Subdivision FP.doc PAGE 2 CITY OF MERIDIAN P*NING AND PUBLIC WORKS DEPAISMENTS STAFF REPORT 15. The certificate of owners does not match the metes and bounds depicted on the face of the plat. The applicant shall revise the plat and Certificate of Owners so that they are both the same and accurate. 16. The "Real Point of Beginning" on the face of the plat and where it is called out in the Certificates of owners does not match. The applicant shall correct this. 17. It appears to staff the bearings of record on the northern boundary of this subdivision do not match the bearings of record. The applicant shall confirm this and include bearings of record in parenthesis on the plat. 18. Graphically depict an 8 -foot wide Public Utilities, Drainage, and Irrigation easement in the following locations. The extra width is needed to accommodate an irrigation main being installed. a) The northern boundary of Lots 3, and 5 Block 2. b) The southern boundary of Lot 2 Block 2. c) The northwestern boundary of Lots 1, 9, and 10 Block 1. 19. Revise or add the following note(s) on the face of the plat prepared by Idaho Survey Group, stamped on 04/19/06 by D. Terry Peugh , prior to signature of the final plat by the City Engineer: 3.) Revise to read, "All rear lot lines and lot lines common to the ..." 9.) Revise to include Lot 1, Block 1. (*.) Add a note that calls out the ACHD master storm drainage easement associated with the retention basin on Lot 3, Block 1. (*.) Fencing adjacent to Lots 4, 9, 10, & 12, Block 1 shall be in compliance with the most recently approved Fencing Standards of the City of Meridian. 20. The landscape plan, prepared by South landscape Architecture, P.C., and dated February, 2006, shall be revised as follows: a. Include tree class on plant schedule. b. Revise plan to reflect retention basin contours on Lot 3, Block, 1 (seed not lawn is required in the bottom of the retention basin). Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 21. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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 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 ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 22. Complete the Certificate of Owners and the accompanying acknowledgement. 23. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not Exhibit "A" FP -06-022 Windham Place Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA&ENTS STAFF REPORT relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways and the South Slough, 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. 5. 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 per Resolution 02-374. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. 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 Exhibit "A" FP -06-022 Windham Place Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPASMENTS STAFF REPORT 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 Windham Place Subdivision (FP -06-022) with the above stated comments and conditions. Exhibit "A" FP -06-022 Windham Place Subdivision FP.doc PAGE 5 Jun OG 2006 2:44PM Jun OS 2006 3:15F H*IS HOMES,LLC MUNGER ENGINEERING,INC. 93*90 4268319 June 6, 2006 Kristy Vigil City of Meridian 660 W. Watertower Lane, Ste. 202 Meridian, Idaho 83642 RE: ' Windham Place Subdivision Dear Kristi; I have received and reviewed the comments regarding the Windham Place Subdivision. For ease of review I will address these comments in the order they are stated on your letter. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP -05-055) and w mexation aril zoning (A2-05-053). We Shan comply 2. The applicant has indicated that the Nampa and Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Therefore, a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. We shag comply 3. Tha City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a single point connection is used, the developer shall be responsible for the payment of assessments for the inigable cor mon areas prior to signature on the final plat by the Meridian City Engineer. Noted, the developer Slur►ll pay the assessments prior to signature by the City Engineer 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to relc ise of building permits for this subdivi Sion. Feneluag will be In compliance with UDC 11-3A-6 and 11-3A-7 and perimeter fencing Shall be installed prior to release of building permits 4090 W. State Street, Suite 29 O Bolser Idaho 83703 o Phone (206) 426-8314 Fax (206) 426-8319 Exhibit "B" P.2 P.2 Jun 06 2006 2:44PM Jun 06 2006 3:15F 31S HOMES,LLC 93290 MUNGER ENGINEERING,INC. 4266319 5. Fencing along the multiuse pathway and open space lots shall be limited to either 4 -foot solid fencing, or 6 -foot open vision fencing per UDC I 1-3A-7 Fencing will be in Compliance with UDC 11-3A-7 6. Sanitary sewer to this site is being proposed via extensions of planned sewer mains in Brienholt Subdivision to the south These trains are not currently installed and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. Noted 7. Applicant will be responsible to construct all sewer mains necessary to serve this project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant "I execute City of Meridian standard forms of easements, for any mains that are required to provide service. We shall comply 8. Water service to this site is being proposed via extensions of existing sewer mains from Fothergill Poitrte and the planned Brienholt Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development including the trunk mann, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing mid routing with the Public Works Deputr=t. Applicant shall execute City of Meridian standard forms of easements, for any mains that are requircd to provide service. We shall comply 9. Prior to signature on the final plat by the City Engineer the applicant shall submit a copy of a discharge agreement with the appropriate agency that allows storm water discharge to the South Slough. We shall comply 10. A❑y water meters located in a common driveway shall be constructed of upgraded materials per City of Meridian Standard Specifications, Drawing 7.08 note 3. We shall comply 11. Prior to signature on the final plat, remove all existing structures that do not meet the applicable setback and zoning regulations. We shell comply 12. A powmanent public pc4esttian easement shall be recorded, in favor of the City of Meridian, for the South Slough pedestrian pathway prior to certificates of occupancy being issued for this phase. The easement shall be sufficient width to cover the 10 -foot wide pathway shown. The hard surfaced pathway shall be wnstructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. 4090 W. State Street, Suite 29 o Boise, Idaho 83703 0 Phone (208) 426-8314 Fax (208) 426-6319 F,xbibh "B" p.3 p.3 Jun 06 2006 2:44PM Jun 06 2006 3:161 H&IS HOMES,LLC MUNGER ENGINEERING,INC. We shall comply 930290 4268319 Applicant shall work with the City Par'k's Department and conform to the Park's Depasl anent standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway (no note necessary on plat). We shall comply 13. "The Applicant shall contact Bryce Paths of Ringert Clark Chartered Lawyers (or the current attorney for Nampa Meridian Irrigation District) at 342-4592 to initiate the License Agreement process for the public multi -use pathway Iocated on Lot 2, Block 1. The License Agreement is required under the Master Pathway Agreement between the City of Meridian and NMO, dated December 19, 2000. It is the developer's responsibility to initiate the License Agtmnent request and provide all information required by NVW's attorney." We shall comply 14. Any existing domestic wells and/or septic systems within thus pmjeet 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 irrigatiom We shall comply 15. The certificate of owners does not match the metes and bounds depicted on the face of the plat. The applicant shall revise the plat and Cntificate of Owners so that they are both the same and accurate. We sban comply 16. The `Meal Point of Beginning" on the face of the plat and where it is called out in the Certificates of owners does not match. The applicant sball correct this. We shall comply 17. It appears to staff the bearings of record on the northern boundary of this subdivision do not match the bearings of record. The applicant shall confi rn this and include bearings of record in parenthesis on the plat. We shall comply 18. Graphically depict an Moot wide Public Utilities, Drainage, and Irrigation casement in the following locations. The extra width is needed to accommodate an irrigation main being installed. a) The northern boundary of Lots 3, and S Block 2. b) The southern boundary of Lot 2 Block 2. e) The northwestern boundary of Lots 1, 9, and 10 Block 1. We shall comply 9990 W. State Street, Suite 29 9 6oWer Idaho 83703 9 Phone (ZOO) 926-8314 fax (206) 426-8319 Exhibit "B" p.4 p.4 Jun 06 2006 2:44PM Jun 06 2006 3:161 H&IS HOMES,LLC 930290 MUNGER ENGINEERING,INC. 4268319 19. Revise or add the following note(s) on the face of the plat prepared by Idaho Survey Group, stamped on 04/19/06 by D. Tray Peugb , prior to signature of the final plat by the City Engineer. 3.) Revise to read, "All n= lot lines and lot lines coronion to the 9.) Revise to include Lot 1, Block 1. (*.) Add a note that calls out the ACRD roaster storm drainage easement associated with the retention basin on Lot 3, Block 1. (*.) Fencfng adjacent to Lots 4, 9, 10, & 12, Block l shall be in compliance with the most recently approved Fencing Standards of the City of Meridian. We shall Comply 20. The landscape plan, prepared by South landscape Architecture, P.C., and dated February, 2006, shall be revised as follows: a. Include tree• class on plant schedule. b. Revise plan to reflect retention basin contours on Lot 3, Block, 1 (seed not lawn is required in the bottom of the roteation basin). Submit dwee copies of the revised landscape plan to the Planning Department prior to signature on the ft4d plat by the City Engineer. We shat comply 21. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11 -3B -1I 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 eamrtot be iticorporated into the approved open space and still mcet 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. We shall comply 22. Complete the Certificate of Owners and the accompanying acknowledgement. We Onti. comply 23. Stairs failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. Noted 4090 W. State Street, Suite 29 o Boise, Idaho 83703 o Phone (203) 4268314 Fax (208) 426-6319 hxhibit "B" p.5 p.5 Jun 06 2006 2:44PM Jun 06 2006 3:16i H0IS HOMES,LLC MUNGER ENGINEERING,INC, GENERAL REQUUMMENTS 93*290 4268319 All irrigation ditches, laterals or canals, exclusive of natural waterways and the South Slough, 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. Noted, we shall comply 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 small be recorded, prior to applying for building permits. Noted 3- A letter of credit or cash surety in the amount of 110°4 shall be, required for all uncompleted fenciittg, landscaping, amenities, pressurized irrigation, sanitary sewer, water, eta., prior to signature on the final plat. Noted d. All development iimprovements, 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. Now 5. 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 landscspeplan. Noted, 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 per Resolution 02-374. Noted, fees shall be paid prior to request of signature on final plat 7. Compaction teat results must be submitted to the Meridian Building Department for all building pada receiving engineered backfill, where footing would sit atop fill material. Noted, we shall comply 4090 W. State Street, Suloe 29 C Solse, Idaho 83703 0 Phone (208) 426.8314 Fax (206) 426-8319 Exhibit "B" P.6 P.6 Jun 06 2006 2:45PM Jun 06 2006 3:16F HO IS HOMES,LLC 930290 MUNGER ENGINEERING,INC. 42GS319 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Arm} Corps of Engineers. Noted, we shall comply 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Noted 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. Noted 11. 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 bave to be removed. Noted 12. 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 l 1- 6B -7A. In the event that the development of the preliminary plat is trade in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segu>ents, if submitted within successive intervals of aigbteeu months, may be considered for final approval without resubmission for preliminary plat approval per UDC l I -68-75. Noted STAFF RECONII aMATION Staff recommends approval of the final plat for Windham Place Subdivision (FP -06-022) with the above stated comments and conditions. Noted Thank you for your time and consideration on tbis matter, please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, Cara Duskey Project Coordinator 9090 W. State Street, Suite 29 O Boise, Idaho 83703 O Phone (208) 426-6314 Fax (208) 426-8319 Exhibit "B" p.7 p.7 11 May 2006 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, !D 83642 RE: FP 06-022/Windham Place Subdivision Dear Will: ' 1ty of A1;'i iCii A;: ''ily f'iPt� :�1�'. • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All District easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincereiy, 13WAF-?� Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 Exhibit "C" BOISE PROJECT RIGHTS 40,000 i 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 FP 06-024 APPLICANT Liberty Partners, Inc. ITEM NO. 10 REQUEST Final Plat approval of 25 four-plex lots, 11 garage lots, and 5 other lots on _8.02 acres in an R-15 zone for Sommersby Subdivision — northeast comer of West Pine Avenue and North Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Comment No Comment 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 LIBERTY PARTNERS, INC., FOR FINAL PLAT APPROVAL OF 25 FOUR- PLEX LOTS, 11 GARAGE LOTS, AND 5 OTHER LOTS ON 8.02 ACRES IN AN R-15 ZONE LOCATED ON THE NORTHEAST CORNER OF WEST PINE AVENUE AND NORTH TEN MILE ROAD IN THE NW % OF SECTION 11, T. 3N., R. 1W. C/C June 6, 2006 CASE NO. FP -06-024 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 June 6, 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: June 6, 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 SOMMERSBY SUBDIVISION NO. 2 LOCATED IN THE NW '/ OF SECTION 11, T. 3N., R. IW, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 04/26/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO.2 / (FP -06-024) Page 1 of 4 0 0 SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", LIBERTY PARTNERS, 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: June 6, 2006, listing 26 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 and marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their June 6, 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 current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO.2 / (FP -06-024) Page 2 of 4 0 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO.2 / (FP -06-024) Page 3 of 4 0 0 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 ofl%lil 12006. Attest: William G. Berg, Jr., City -ot day Mayor, rty of Meridian Copy served upon Applicant, the City Attorney. By, rJhoil a-l--\ CJl"L�.�% Dated: Public Works Department, an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION N0.2 / (FP -06-024) Page 4 of 4 d CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: June 6, 2006 Transmittal Date: May 31, 2006 Mayor & City Council ¢ UN ;V trrididt14 9 Sonya Watters, Assistant City Planner t)W Michael Cole, Development Services Coordinator C Sommersby Subdivision No. 2 Request for Final Plat Approval of Sommersby Subdivision No. 2 Consisting of 36 Multi -family Residential Building Lots and 5 Common/other Lots on 8.02 Acres in an R-15 Zone by Engineering Solutions, LLP (File# FP -06-024). submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Engineering Solutions, LLP, has applied for final plat approval of 36 multi -family residential building lots and 5 common/other lots on 8.02 acres in an R-15 zone for Sommersby Subdivision No. 2. The proposed gross density of the subdivision is 12.47 dwelling units per acre. The proposed net density of this subdivision is 19.27 dwelling units per acre. Sommersby Subdivision is located on the northeast corner of W. Pine Avenue and N. Ten Mile Road, in the northwest % of Section 11, T.3N., R.1 W. This property has not been previously platted. A conditional use permit/planned development was approved for this subdivision that allowed for reductions to the following dimensional standards: minimum lot area (752.50 sq. ft. per dwelling unit), minimum street frontage (28 feet for one four-plex lot and 0' frontage on a public street), front setback (5 feet for multi -family units), rear setback (15 feet for all perimeter lots except rear patios may be allowed a 3 foot encroachment, if necessary; 5 feet for interior lots), and street side setback (20 feet), fence setback from Gray Cloud (10 feet). The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of the final plat for Sommersby Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved development agreement (Instrument # 105184653), preliminary plat (PP -04-035) and conditional use permit/planned development (CUP -04-040) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian Irrigation District system in Moshers Farm Subdivision. Prior to scheduling of a pre -construction meeting a letter of plan approval shall be submitted. Prior to occupancy the applicant shall submit a letter that Nampa and Meridian Irrigation District has foaled the system. Exhibit "A" FP -06-024 Sommersby Sub2 FP PAGE 1 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT 3. 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. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed along the perimeter boundary of this phase unless permanent perimeter fencing already exists at the subdivision boundary, prior to release of building permits. No fencing shall be permitted on the interior lot lines between the multi -family buildings or around the perimeter of Lot 47. 6. Sanitary sewer service to this site is being proposed from existing mains in Pine Avenue. At this time these mains flow to the private Moshers Farm Lift Station. Prior to signature on the final plat by the City Engineer the applicant shall submit documentation that they have permission to use this lift station, or they will have to wait for the lift station to be de -commissioned to receive certificates of occupancy. 7. The applicant shall be responsible to install sewer mains to and through this development and to coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub -grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. Water service to this site will be from main line extensions from existing water mains Pine Avenue. The applicant will be responsible to construct all mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Either dedicate a blanket sewer and water easement over Lot 27 Block 1 via a plat note or supply a 20 -foot wide sewer and water easement on the City of Meridian's standard forms for any mains not located in a public right-of-way. 10. Prior to the first Certificate of Occupancy for any multi -family unit, the developer shall construct a free-standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses shall be clearly labeled on each building. 11. All of the multi -family units within this development shall be addressed off of W. Pine Avenue with a sequential numbering, or as otherwise determined by the Meridian Fire Department and Ada County Street Name Committee. 12. Provide an easement to ACHD on the plat for all portions of the detached sidewalk along W. Pine Avenue that are outside of the public right-of-way. 13. Complete the recorded instrument number for the temporary turnaround easement located on Lot 13, Block 1. 14. Complete the recorded instrument number of the existing telephone easement shown along Pine Avenue on the face of the plat. Exhibit "A" FP -06-024 Sommersby Sub2 FP PAGE 2 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT 15. Add minimum 5 -foot wide pedestrian easements between Lots 37 & 38, Lots 39 & 40, and Lots 42 & 43, Block 1 to accommodate the pathways leading to the park on Lot 47. 16. Provide a cross -access and cross -parking easement for all of the lots within the subdivision to use the drive aisles and parking on Lot 27, Block 1 as access to N. Ten Mile Road and W. Pine Avenue. 17. A Certificate of Zoning Compliance is required prior to issuance of a building permit for all multi -family units. (NOTE: A CZC application may include multiple/all multi -family units.) 18. The bearing along the northern boundary of this development does not appear to match the bearing of record. The applicant shall confirm this information and include bearing of records on the plat. 19. Revise the face of the plat to the east of this project to indicate Lyndhurst Grove as opposed to unplatted. 20. No more than nine attached single family dwelling units and eight multi -family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten Mile/Pine Avenue intersection projects are complete. 21. The garages shown on Lots 17-19, 21-23, 28, 29, and 30-34 shall be required to receive building permits prior to construction. 22. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The extra width is needed to accommodate an irrigation main being installed. a) The eastern boundary of Lots 35 and 25, Block 1. 23. Revise or add the following note(s) on the face of the plat dated 5/5/06, prepared by Engineering Solutions, prior to signature on the final plat by the City Engineer: (8.) "Lots 20, 27 & 47, Block 1 are non-buildable/common lots to be..." (10.) Delete note (there is no Lot 5, Block 20). (11.) "...is prohibited City Of Mefidi ." (12.) Remove this note or submit documentation from ACHD that they are going to own and maintain the storm water disposal systems associated with the private streets. (13.) Complete recorded instrument number. (*.) Add note regarding ownership and maintenance of Lots 31 & 22. (*.) Add note stating that Lots 17-19, 21-23, 28, 29, and 30-34 are not approved for dwellings. 24. The landscape plan, prepared by Harvest Design and dated 4/25/06 shall be revised as follows: a. Replace at least three of the W. Pine Avenue buffer deciduous trees with evergreen trees to enhance sound buffering year round for the four-plex units backing up to W. Pine Ave. b. Relocate the pedestrian pathway shown between Lots 35, 36, & 37 to be between Lots 37 & 38 per requirement of the preliminary plat. C. Complete note #13d. regarding mitigation for existing trees that are 4 inch caliper or greater in size that are removed from the site in compliance with UDC 11-3B-1 OCS. Also call out on the landscape plan, which new trees on the site are counting toward the Exhibit "A" FP -06-024 Sommersby Sub2 FP PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPAWENTS STAFF REPORT mitigation requirement. d. Include an activity court in the common area on Lot 47 as shown on the approved preliminary plat landscape plan. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 25. Complete the Certificate of Owners and accompanying acknowledgement. 26. Staff s failure to cite specific ordinance provisions or terms of the approved annexation, development agreement, preliminary plat, or conditional use permit/planned development does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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. 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. 5. 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. Exhibit "A" FP -06-024 Somme Sub2 FP PAGE 4 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. 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 fmal 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 Sommersby Subdivision (FP -06-024) with the above stated comments and conditions. Exhibit "A" FP -06-024 Somme Sub2 FP PAGE 5 �J EIGINEERNG AdIkk planning and engineering rorrmun ies to the Mure aOLUTIONSLLP November 16, 2004 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, 1D 83642 Re: Sommersby Subdivision No. 2 Final Plat File No. FP -06-024 Dear Mayor and Council: 150 East Aikens Street. Suite B Eagle. ID 83616 Phone: (208) 938-0980 Fax: (208) 938-00.11 E-tuail: es-beckynrcl1wesl.net We have reviewed staff recommendations for the City Council meeting of June 6, 2006, and have the following responses: APPLICATIONS SUMMARY There are actually 25 multi -family residential building lots, 11 garage lots, two driveway lots, one vehicular access lot and two other common lots (Pine landscaping and open space). SITE SPECIFIC CONDITIONS OF APPROVAL I . The applicant will comply. 2. The applicant will comply. �. The applicant will comply. 4. The applicant will comply. 5. Noted. 6. The applicant will comply. 7. The applicant will comply. S. The applicant will comply. C IPuenmenis and Settings'allenslAw'al Settings<remlwrern• Internet Fi1cs\O1.S601 `RccsRcsponse.doe Exhibit "13" 0 0 Planning & Zoning Commission November 16, 2004 Page 2 9. A note dedicating a blanket sewer and water easement will be added to the plat. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13.QAs Lyndhurst Grove has been recorded and the extension of N. Gray Cloud Way has been constructed, no temporary turnaround easement is needed. The plat will be revised to eliminate the turnaround. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20.1 This condition was revised in the amended development agreement to hold building permits only on the office lots and four of the eight-plex lots. Since these lots are not included in this phase, this condition sh9uld be Me !td. 21. The applicant will comply. 22.6) The applicant will comply, with the exception that the PUDI easement will be shown on the west side of Lot 47, Block 1, instead of the east side of Lot 35, Block 1. 23. The notes will be revised as requested. 24. The applicant will comply. The landscape plan will also be revised slightly to accommodate the required trash enclosure configurations. 25. The applicant will comply. 26. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. C: Doeumenls and Setting -,all ns Local Setting., Temlwairy Internct FileOLK601 RecsResponse.doc Exhibit "B" 0 Planning & Zoning Commission November 16, 2004 Page 3 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. H. The applicant will comply. 12. The applicant will comply. i 3 Noted. We appreciate staff's review of our project. Thank you. Sincerely, Engineering Solutions, LLP Shari Stiles Project Planner AS cc: Mr. David Callister C: Doemn nls and Settings allens.Local Scltings'renilwar) Internet piles OLK60I •RccsResponsc.doe Exhibit "Ii" • 9 0 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Todd Campbell ITEM NO. 11 REQUEST Continued Public Hearing from April 18, 2006 — Request for Annexation and Zoning of 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision 5910 North Black Cat 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 Previous Item Packet / Minutes See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Todd Campbell ITEM NO. 12 REQUEST Continued Public Healing from April 18, 2006 — Request for Preliminary Pla, approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision — 5910 N. Black Cat 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 Previous Item Packet / Minutes See altached Comments Contacted: Date: Emailed: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 AZ 06-020 APPLICANT Northwest Pipeline Corporation ITEM NO. 13 REQUEST Continued Public Hearing from May 23,2006: Request for Annexation & Zoning of 4.65 acres from RUT to C -G zone for Williams Pipeline — 1301 Locust Grove Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of PosNn COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 2,2W6 VAR 06-011 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Richard Handke ITEM NO. 14 REQUEST Continued Public Hearing from May 23, 2006 - Variance to allow for larger temp. structures from the max. 500 sq. feet allowed per UDC 11 -3E -4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat City Fireworks — at 6 different Meridian locations 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 Previous item Packet / Minutes See attached Staff Comments MERIDIAN POST OFFICE: OTHER: See Applicant Comments to Reduce Tent size to 750 0. Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 CPA 05-002 APPLICANT Conger Management Group ITEM NO, 15 REQUEST Continued Public Hearing from May 2, 2006 — Request for a Comprehensive Plan Map Amendment to change approx. 11.79 acres from office to mixed-use community — 675 and 715 South Wells 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: COMMENTS See Previous Item Packet / Minutes See attached Staff Comments OTHER: See Email Confirmation of Posting by Dave McKinnon Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 2,2W6 MERIDIAN CITY COUNCIL MEETING APPLICANT C213 Developments, LLC ITEM NO. 16 REQUEST Public Hearing: Request for Annexation & Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision — 675 and 715 Wells Street Road: AGENCY COMMENTS June 6, 2006 0 AZ 06-017 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: See P & Z Item Packet / P & Z Minutes See Attached Recommendation See attached Comments INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Email from Richard Carlson & Email from Dave McKinnon Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 2,2W6 PP 06-017 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT C213 Developments, LLC ITEM NO. 17 REQUEST Public Hearing: Request for Preliminary Plat approval of 84 building lots tand 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subd. — 675 and 715 Wells Street AGENCY COMMENTS CITY CLERK: See P & Z Item Packet / P & Z Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Recommendation 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: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Email from Dave McKinnon & letter from Richard Carlson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i 0 June 2,2M6 CUP 06-012 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT C26 Developments, LLC ITEM NO. 18 REQUEST Public Hearing: Request for a Conditional Use Permit for 18 multi -family dwelling units in a proposed R-15 zone for Wells Street Subdivision — 675 and 715 Wells Street 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 P & Z Item Packet / P & Z Minutes See Attached Recommendation See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Email from Dave McKinnon & Letter from Richard Carlson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 2, 2006 VAC 06-007 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Buffalo Hump, LLC ITEM NO. 19 REQUEST Public Hearing - Vacation of a portion of the ACHD drainage pond for Waltman Court Subdivision to exchange right-of-way for SW 5th Avenue - NW corner of SW 5th Avenue and W. Corporate Drive 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: See attached Staff Comments No Commends No Commends See attached Commends Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 2, 2006 AZ 06-4 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Treehaven, LLC ITEM NO. 20 REQUEST Public Hearing: Request for Annexation and Zoning of 358.57 acres from RR to R-2, R-8, R-15, C -N and C -C for The Tree Farm — north side of Chinden Blvd on both sides of Black Cat Road; west of Spurwing 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 See P & Z Item Packet / P & Z Minutes See Attached Recommendation See attached Comments MERIDIAN POST OFFICE: OTHER: See attached letter from White Peterson & Derick O'Neill Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 VAR 05-027 APPLICANT White -Leasure Development Company ITEM NO. 21 REQUEST Public Hearing: Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway — 1601 S. Meridian Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: See attached Revised Plat & Letter from White -Leasure Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 2, 2006 PP 06-002 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Landmark Development ITEM NO. 22 REQUEST Public Hearing: Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision - SE comer of Ustick Road and 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: COMMENTS See Previous Item Packet Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. • June 2,2W6 VAR 06-002 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Landmark Development ITEM NO. 23 REQUEST Public Hearing: Request for a Variance for two access points to Eagle Road / SH 55 for Gateway Marketplace - southeast comer of Ustick Road and 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: See Previous Item Packet Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 2, 2006 AZ 05-051 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Centennial Development, LLC ITEM NO. 24 REQUEST Ordinance No. Request for Annexation & Zoning of 12.84 acres from RUT to R-15 zons for Ellensburg Subdivision — northwest comer of _ North Ten Mile Road and West Pine Avenue: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: �7 CITY SEWER DEPT: Z�✓, CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: V fl" ADA COUNTY HIGHWAY DISTRICT: vfvf f 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. ADA COUNTY RECORDER J. VID NAVARRO AMOUNT .00 BOISE IDAHO 06/16106 10om DEPUTY D- RHaney RECORDED-REE QUEST OF 1��0��Ot� Meridian City CITY OF MERIDIAN ORDINANCE NO. 1/ b— �� 3U BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-051 ELLENSBURG SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 3 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-15 (HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Centennial Development. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-051 ELLENSBURG SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6 ltday of 2006. /APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this +✓ day of ---.92006. ANNEXATION OF AZ -05-051 ELLENSBURG SUBDIVISION Page 2 of 3 r ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) : ) ss. County of Ada ) 7 II11111141 11111141"'o "'0 V 2 T CITY CLt rd � ���dP��r'frre►ree ¢aaeaba�"4�a��� On this U-11' day of�Tu nc- , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, 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: On!d1ueLi, !D MY COMMISSION EXPIRES: lU-1 t -1 ) ANNEXATION OF AZ -05-051 ELLENSBURG SUBDIVISION Page 3 of 3 I DA H ® � � 1450 East Wa tertower St, SURVEY Suite 150 Meridian, Idaho 83642 GR®IJP. Phone (208) 846-8570 Fax (208) 884-5399 Ellensberg Annexation Description A parcel of land located in the SE %4 of the NE 1/4 and the NE % of the SE %a of Section 10, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the East % comer of said Section 10, from which the North 1/16 comer common to Section 11 and the said Section 10 bears North 000' 03'50" East, 1328.11 feet; Thence along the East- West mid-section line North 89032'05" West, 62.02 feet; Thence leaving said mid-section line South 00027155" West, 20.00 feet; Thence North 89032'05" West, 44.81 feet; Thence North 76012'34" West 86.78 feet to a point on said mid-section line; Thence along said East-West mid-section line North 89032'05" West, 1136.54 feet; to the C -E 1/16 comer; Thence along the West line of the SE %4 of the NE % North 00007'50" East, 654.42 feet to a point in the Ten Mile Stub Drain; Thence along the center of said Drain South 85028'19" East, 126.19 feet; Ra AP IJA BY Thence South 65020'07" East, 49.70 feet; Thence North 89°38'53" East, 23.00 feet; Thence South 66035'07" East, 357.40 feet; f .ERIDIAN PUBLIC Wr; r' KS MEMT Thence South 67031153" East, 85.36 feet to the Southeast corner of Moshers Farm Subdivision, as same is -recorded in Book 88 of Plats at Page 10,091, Ada. County records; Thence continuing and along the South line of said subdivision South 67°26'55" East, 271.80 feet; Thence South 6557'37" East, 448.10 feet; Thence South 50°10'01" East, 85.10 feet to a point on the East line of said Section 10; Thence South 00°03'50" West, 118.70 feet to the Point of Beginning. acres, more or less. Professional Land Surveyors o�� P4 I 6 o���o ili i��¢1111 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- �2 �? 3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast '/a of Northeast % of Section 10, Township 3 North, Range 3 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A„ This parcel contains 12.84 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. 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 on the day of , ��y�-,,� , 2006. Mayor and City Council o the dty 4M By: William G. Berg, Jr., City Clerle First Reading: — — 0�4 d fter fir ' by suspension of the Rule as allowed pursuant to Idaho Cohn, . t NO Second Reading: ,,, a .t g': — 11m 11110 " STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- / 0 3� 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-= 2 3 -; 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 u'e- , 2006. William. L.M. Nary, City ey ORDINANCE SUMMARY — AZ -05-051 ELLENSBURG SUBDIVISION Page 1 of 1 9 June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 05-062 APPLICANT The Gables, LLC ITEM NO. 25 REQUEST Ordinance No. Request for Annexation & Zoning of 5.11 acres from RUT to R-8 zones for Sharp Estates Subdivision — 2445 North Wingate Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Ordinance Contacted: Date: Phone: Emailed: Staff Initials: __.. Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER LPAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/16/06 1 jrM DEPUTY Neave Haney III I'll'IIIII�I'IIIIII'IIIII'III II �II RECORDED- REQUEST OF Meridian City 106096025 CITY OF MERIDIAN ORDINANCE NO. e96 -1234 - BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-062 SHARP ESTATES SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE 1/ OF THE NW 1/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Dale and Helen Sharp. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-062 SHARP ESTATES SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in fall be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6 � day of ��� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of cTG�e� , 2006. 4 W41r14 �• ANNEXATION OF AZ -05-062 SHARP ESTATES SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ) ss: County of Ada ) On this t 0�1 day of ,�nC_ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, 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. a OTARY PUBLIC FOR IDAHO RESIDING AT: , d LQe k I 1D MY COMMISSION EXPIRES: l0•l 1-11 IC ANNEXATION OF AZ -05-062 SHARP ESTATES SUBDIVISION Page 3 of 3 Exhibit A Property Description Sharp Estates The South Half of the Southeast Quarter of the Northwest Quarter of Section 5, Township 3 North, Range 1 East Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at a 5/8 inch rebar marking the Center Quarter Corner of said Section 5; thence, aldng the south line of the Southeast Quarter of the Northwest Quarter of said Section 5, North 89039'53" West a distance of 670.99 feet to a 5/8 inch rebar marking the Southwest Corner of the Southeast Quarter of the Northwest Quarter of said Section 5; thence, along the west line of the Southeast Quarter of the Northwest Quarter of said Section 5, North 00°2736" east a distance of 331.92 to the Northwest Corner of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 5; thence, along the north line of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 5, South 89038'06" East a distance of 671.07 feet to a 5/8 inch rebar marking the Northeast Comer of the South Half of the Southeast Quarter of the Northwest Quarter of said Section 5; thence, along the east line of the Southeast Quarter of the Northwest Quarter of said Section 5, South 00128'28" West a distance of 331.57 feet to the Point of Beginning. Containing 5.11 acres, more or less. Subject to any existing easement affecting the above described parcel of land, written, unwritten, recorded, or unrecorded. r7d M- r PLS 9584 PASargenASharp Estates\Drawings\.Surveylproperty descrition.doc Treasure Valley Engineern. Inc. 5680 E: Franklin Rd, Suite 220 Nampa, Idaho 83657 49GtSTF,,, , 9584 �o4 OV November 14, 2005 Office: 008) 46'-03 A)i Fu: (208) 461-4101 w,ww.TressureValleyErvgineers.com ri wlx� W" ED :2F :Z:Z, NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06-_ 3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast % of the Northwest % of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.11 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied as surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is avails;l�l� 4ion at City Hall, City of Meridian, 33 East Idaho Avenue Merid ec o. `di lance shall become effective on the (2 t-* day of e A Mayor and City Council ofYhe 6ty c n By: William G. Ber , Jr. City Clerk"--. First Reading: ; -,P Rule as allowed pursuant to Idaho Code Second Reading: by suspension of the NO 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- f 2 34f:— 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 R day of '-(__ 2006. JJD& L .� William. L.M. Nary, City Attemey ORDINANCE SUMMARY - AZ -05-062 SHARP ESTATES SUBDIVISION Page 1 of 1 E June 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 • APPLICANT Dyver Development, LLC ITEM NO. 26 REQUEST Ordinance No. Request for Annexation & Zoning of 38.5 acres from RUT to R-8 zones for Irvine Subdivision — southeast comer of North Ten Mile Road and Chinden Boulevard: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Ordinance p6, �ti3 5� Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefinps shall become properly of ft city of Meridian. AUA UUUNI 111MUNU M J. UAVIO NAVARRO AMOUNT .00 ; BOISE IDAHO 06/16106 44 AM (® RECORDED - REQUEST Ol4 Meridian CIV 106096027 CITY OF MERIDIAN ORDINANCE NO. 06 / Z -3 S BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-038 IRVINE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE WEST % OF THE NW % OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Dyver Development,LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-038 IRVINE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this OP5 day of <Gv� , 2006. MAYOR de WEERD ANNEXATION OF AZ -05-038 IRVINE SUBDIVISION Page 2 of 3 ATTEST: d 'i WILLIAM G. BERG, JR STATE OF IDAHO, ) : ) ss. County of Ada ) On this 04' day of 1-t i r — , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, 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: a C) MY COMMISSION EXPIRES: 1f1 11-11 ANNEXATION OF AZ -05-038 IRVINE SUBDIVISION Page 3 of 3 �! (� IDAHO 1450 East Watertower St. RE APPR A Suite 150 SURVEY BY b Meridian, Idaho 83642 GROUP AUG 0 9 2005 Phone (208) 846-8570 PUBLIC Fax (208) 884-5399 WORKS DEPT. Project No. 05-124 Irvine Subdivision Annexation Description RUT to R-8 June 16, 2005 Revised August 8, 2005 A parcel of land located in the West 1/2 of the NW 1/4 of Section 26, TAN., R.l W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 22223, 27, and the said Section 26; Thence South 89°10'58" East, 1313.78 feet to the West 1/16 comer common to said Sections 23 and 26; Thence South 00°29' 18" West, 1317.21 feet to the NW 1/16 corner; Thence continuing and along the East line of the SW 1/4 of the NW 1/4 South 00029'18" West, 60.46 feet; Thence North 89109'47" West, 1023.02 feet; Thence North 00'21'10" East, 270.36 feet; Thence North 89009'47" West, 287.51 feet to a point on the West line of said Section 26; Thence North 00"21'10" East, 1106.88 feet to the Point of Beginning. Containing 39.71 acres, more or less. Prepared By: Idaho up, P.C. 1 ® „c 4431 d► 0-O &r0 4 OF �9aC r a� D. Terry Peugh, PLS Professional Land Surveyors N y w i NILE ROAD Rig e -nETF TM [1 IBM 11,1111 U'll � 6 E }11111111 1 ;i �i �i N W'11Y0' E i 2)0.38' a Z4 Rig e -nETF TM [1 IBM 11,1111 U'll � 6 E }11111111 1 m 0 a Z4 ® v o c 0 (0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06-1,7-35 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the West % of Northwest % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 39.71 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33,Fast Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the —Cz -'n day of <-j'Ae� , 2006. Mayor and City Council of Ci ofAle By: William G. Berg, Jr., City ClerkeBRA L First Reading. Flo er first g,y suspension of the Rule as allowed pursuant to Idaho Code's, t NO Second Reading:� STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 1;?, -3 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- 1,-,7 3 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 yq_ , 2006. bl-)A Z. . ),=, William. L.M. Nary, City Atto ORDINANCE SUMMARY — AZ -05-038 IRVINE SUBDIVISION Page 1 of 1 June 2, 2006 AZ 06-011 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT Pacific Landmark Development ITEM NO. 27 REQUEST Ordinance — Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision — 5603 North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Ordinance OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: MaterMls presented at publk meetings shall beemne properly of the City of Meddian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 (� BOISE IDAHO 06/16106 10cle DEPUTY NHaney III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECORDED -R-REQUEST OF Meridian City 106096024 CITY OF MERIDIAN ORDINANCE NO. l 3 1 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-011 BASIN CREEK WEST SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NORTHEAST 1/ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIUM -LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Grant and Joyce Lee. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium -Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -06-011 BASIN CREEK WEST SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6 day of c174 -p -e- .2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6 '4A day of � — , 2006. W!J-I'�de WEERD ANNEXATION OF AZ -06-011 BASIN CREEK WEST SUBDIVISION Page 2 of 3 ,'�t�kkk1111tEft1{//j�fl ATTEST: i p'rrfr'i/ WILLIAM G. BERG, JR., CITE C v�9�r�r��fos+e�o4o ta¢t;<tat�0s��at��». STATE OF IDAHO, ) : ) ss County of Ada ) On this I & day of fund , 2006, before me, the undersigned., a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, 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. 0006,00�•�. (SEAL) • Z Z/1;.�•+• • e y � +f �•r'iTis I -�� n - �-� A b b K) NOTARY PUBLIC FOR IDAHO RESIDING AT: LftIdwe1 1 , 10 MY COMMISSION EXPIRES: Ip -i 1-11 ANNEXATION OF AZ -06-011 BASIN CREEK WEST SUBDIVISION Page 3 of 3 s°a bgYd ABVELOPNENr 9aRVICQ8 93 LANG PLANNING 11 CIVIL BNGINECHIrm LANO8CAP8 ARCHITECrURa 453 S. Fitness Place Eagle, i0 83818 PH 208/248-8300 FX 208/248-8320 www.wrgd.eom Basin Creek -Annexation Description A parcel of land situated in the Northeast one-quarter (NE 1/4) of Section 30, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: The Southeast one-quarter (SE 1/4) ofthe Southwest one-quarter (SW 1/4) of the Northeast one-quarter (NE 1/4) and the South one-half (S 1/2) of the Southeast one-quarter (SE 114) of the Northeast one-quarter (NE 1/4) of Section 30, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho: Beginning at a 3" brass cap stamped "PLS 7880" marking the East one-quarter corner of Section 30, said East one-quarter corner situated on the centerline of Locust Grove Road. Thence leaving said centerline of Locust Grove Road, along the south line of the Northeast one- quarter (NE 1/4) of Section 30, North 89°54'00" West, 1971.29 feet to a 518" iron rod with yellow plastic cap stamped "PLS 8444", marking the southwest comer of the Southeast one- quarter (SE 1/4) of the Southwest one-quarter (SW I/4) of the Northeast one-quarter (NB 1/4) of Section 30; Thence along the west line thereof, North 00°32'25" East 664.42 feet to a 518" iron rod with Yellow plastic cap stamped "PLS I 1120", marking the northwest corner of the Southeast one - of Section 30; quarter (SE 114) of the Southwest one-quarter (SW 1/4) of the Northeast one-quarter (NE 1/4) Thence along the north line thereof, and continuing along the north line of the South one-half (S 1/2) of the Southeast one-quarter (SE 1/4) of the Northeast one-quarter (NE 1/4) of Section 30, South 89°53' I9" East,1972.31 feet to the east line of said Northeast one-quarter (NE 1/4) and the centerline of Locust Grove Road; Thence along the east line thereof and said centerline of Locust Grove Road, South 00°37'43" West 664.04 feet to the Point of Beginning. Contains 30.07 acres, more or less. MATTHEW A. BURRELL IDAHO P.L.S. #11337 V 3� Ri~VtEW +gY Q �s„t •,� j 'ZiJ� M 0R4CS C3EQ� G -v a IN do 7r�aee I.. 3 (0 (0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-9011A) CITY OF MERIDIAN ORDINANCE NO. 06- .0- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Northeast '/ of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 30.07 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, I4Ao.,,;Q1s ordinance shall become effective 0 on the 6 — day of 4, ''d'>m,,s %3- r Mayor and City Council o the Cityrof erid' *" _ By: William G. Berg, Jr., City Clergy First Reading: ig by suspension of the Rule as allowed pursuant to Idaho Coy NO Second Reading: '11114a g: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- / Z 3,6 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- 12- 3 ,6 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 a j u.t- 2006. �1 William. L.M. Nary, City Attorney ORDINANCE SUMMARY - AZ -06-011 BASIN CREEK SUBDIVISION Page 1 of 1 J u ne 2, 2006 MERIDIAN CITY COUNCIL MEETING June 6, 2006 APPLICANT ITEM NO. REQUEST Executive Session AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS 28