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Volterra Subdivision AZ 05-040 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 91 BOISE IDAHO 03/07/06 09:44 AM ~~~~~~E~~I~I~~~~t08F . III [1111111111111111111I1111111111111 City of Meridian _ 106034786 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Mary Floyd and E.L. & Shirley Bews, Bews Family Limited Trust, Owners Primeland Development, LLP, Developer 3. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /1tJ: day of a6rh4 r~ ' 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, ere after called "CITY', and Mary Floyd and E.L. & Shirley Bews, Bews Family Limited Trust, hereinafter called "OWNERS" and Primeland Development, LLP, hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract ofland in the County of Ada, State ofldaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised 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, "Owners" and/or "Developer" have submitted an application for annexation and zoning ofthe "Property's" described in Exhibit A, and has requested a designation ofR-4 (Medium Low Density Residential District), C-G (General Retail and Service Commercial District), and L-O (Limited Office District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners" and/or "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION 1.6 WHEREAS, record of the proceedings for the requested allilexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9th day of November, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and/or "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owners" and/or "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the plalliling 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 the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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: DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Mary Floyd and E.L. & Shirley Bews, Bews Family Limited Trust, whose address is 5204 Sorrento Circle, Boise, Idaho 83704, the parties who own the said "Property" and shall include any subsequent owner(s) of the "Property". 3.3 "DEVELOPER": means and refers to Primeland Development, LLP, whose address is 660 E. Franklin Road, Suite 110, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent developer(s) ofthe "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned R-4 (Medium Low Density Residential), C-G (General Retail and Service Commercial District), and L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C. G & K) which are herein specified as follows; Construction and development of either a conditional use permit or a planned development application sltall be submitted to the City of Meridian prior to aftlture development in tlte R-4, C-G and L-O zone, and tlte pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-040 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and/or "Developer" have submitted to "City" an application for conditional use permit site plan dated June 27, 2005, and shall be required to obtain the "City'" approval thereof, in DEVELOPMENT AGREEMENT (AZ 05~040) VOLTERRA SUBDIVISION accordance to the City's Zoning and Development Ordinance criteria, therein provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use pennit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That prior to approval ofthe 350th residential lot, (including Volterra and Volterra South), the 10.2 acre park (James Park) shall be constructed. 2. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), and the tot lot. 3. That prior to approval of the 550th residential lot (including V o Iterra and V oIterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 4. That the park shall include the proposed plaza area and playground equipment. 5. That all buildings within the L-O and C-G zones contain architectural features and bulk building concepts that are similar to the residential buildings, as determined by the Commission at each CUP public hearing. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code S 67-6509, or any subsequent amendments orrecodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and/or "Developer" and if the "Owners" and/or "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (AZ 05~040) VOLTERRA SUBDIVISION 9. INSPECTION: "Owners" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAUL T: 10.1 In the event "Owners" and/or "Developer", "Owners" and/or "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and/or "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or "Developer", prior to the third reading ofthe Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City CounciL If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "Developer", or by any successor or successors 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. DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION PAGE 5 OF]2 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owners" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftime of such delay. 14. 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 SI2-5-3, to insure that installation of the improvements, which the "Owners" and/or "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION PAGE 6 OF 12 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Primeland Development, LLP 660 E. Franklin Road, Suite 110 Meridian, Idaho 83642 OWNERS: Mary Floyd and E.L. & Shirley Bews Bews Family Limited Trust 5204 Sorrento Circle Boise, Idaho 83704 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian,ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. 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 DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" and/or "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", 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 "Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developer" has fully performed its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "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 "Owners" and/or "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION n.olr"lr'" 0 AT"" 1"'" ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: Primeland Development, LLP (~Jjj~ ~ ~ OWNERS: Yrteuur~OV~ M~Ytl - ~~~ E. L. Bew JL6i jJ~ Shirley Be CITY OF MERIDIAN Attest: BY~-~ .MAYOR T . . Y de WEERD t/i, Ctnv-~ 2-2#-tJc - .... ", ... .. 0 .. ~ "'.0 or 131' ,,{,.f 1-= ,>> .::- ~; -q ^ ,{)Ii ,".. ,,~ "'-Y'>t "" ,,{ ,~, ..." .....1/ \',(vhff . \\.... '1 ,\ IIilflH1 !1\\\\\\ DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION STATE OF IDAHO, ) : ss: County of Ada, ) ~ On this ~ day of (vh(UJlV a Notary Public in and for said State, personally appe d Mary Floyd, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye?~!? this certificate first above written. "t.}'~v.':o" ~~;.'h' ,. ..:~~ ,;-~ ...<~' , ~~ .~J:: 1,-,", :;.,. '~:"Li""'. (~~ 'i ~ f,"',u;' J/ r rc _f- . '~,,_,"<-I '~;~1 f.! ~ J! ~<-':.:.\) ,'~ ,: ';:' ~ ,) % : :. ~ ~;^~.~ ~: ~~L;r... 9 e: $I '0 t....~:; ~ ~ P"tr'i~' wi '\ 'I-l-_~: 4"J -- 0, U Aj .i:~; ~ '!; ~'jj ~ t;.C) OOQ. ~/~lr',} 0 /t <>> .?> "'Ii> ~'i:1 ,(i; ~. ...... ~'! 'h~ '''''''It''~:.... \:;'" ~.... ...... .( 1] 00:1 l'V ...'" "'.f4' ~- ..,,~ ....Q~~.3nG.o~1l~ (SEAL) STATEOFIDAHO ) , 2006, before me, the undersigned, No ary Public for Idaho Residing at: My Commission ss: County of Ada, ) ~ On this ~ day of a Notary Public in and for said State, personally appe ed known or identified to me to be the ~h.'" I ~.,. of Prime land Development, LLC, who executed the instrument on behal of aid Corporation, and acknowledged to me that they executed the same. IN WI~SS WHEREOF, I have hereunto set my hand and affixed my official seal the...~~ttqq !.~~'i1~,t~is certificate first above written. ~'4i- ~)...~ ~TI-0Cil?'l- o(!.J'~~... '1"~ :? ",<(1' fJP'" . "00,,"'4:. ~ ~ ~y 60 (.~"~'l j}. ~ I!-;t ~...., .g, aT ~- i' 'c ,_ 1;1.." :: --, 1!1 ~~ ~..,,~ to" '::. Ia.o\ ~'O ~ : : oQJofJ€7~ : :: (SEAL) :: r : :: III . ^ 1:V Q iIII!I ':. ... .(""V"B\..... eO ~ .. ,", .. <>!tf ~ V'~ ". 0'" Q .: .. .r'" D "" ~ ~ ...... -1 l' ..0.00.... ~'-~ ~.... .......... lJ OF \\) ~~~.. ..tttllnlt.....~ Notary Public fmJdah9 Residing at: ~ ~ My Commission Expires: DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION STATE OF IDAHO ) ss: County of Ada, ) 11')/ On this L day of dn , 2006, before me, the undersigned, a Notary Public in and for said State, personally appe ed E.L. Bews, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~fj'llt.UUQQ8!1i1 ?o""''I;. A L 91:$.; ~'&.. 4CC . A~ "-:, ,~.o..'9 ft6()aOeO~ '4('" ,~!. ...V.v ""U''0 ..(j;""" ~ "" ~ Of;; "" '7 " 141" T ~~t:".t.f. (SEAL) : / ~O A!?r ~ : '" $ .. :: I ~o ~ 0 :. ca €I .. : €I .. '; ,. PtrBL'C c" : -fAG co... ~ /> .00 ~o'O 0 I ...... -1 l' l!l.."....~.. ~~ ....... #....t'~ l? 0 F 1""V r:~~"~ QI:~ ~,~ STATE OF IDAHO ) h~Unul' : ss: County of Ada, ) ~ On this ~ day of r~I'y., 2006, before me, the undersigned, a Notary Public in and for said State, personally app a d Shirley Bews, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~..sll<la(jUSII~$ "",r. fJqe ~....... CCA L. J?t;$#if.;>; "," .0. 'to c;soeoooo'; C'4~ d',p"" "," Li-Y 00 '0., \"'7 '" .. "V.;,O q" " p ~ : 4.1: _..OT A J') '" ..... 0;:. :; Q \....... r~-o.';i~.J> iD \1.ll : 0 ~ ~ : Z ~~~ : :: ~ v Q : .. "h \C.,.. -:.. "" rtlB'L '" .. ~ In. $ e.0:: .. IJ''). 00 ftG 0 :> .. .. ." o~ 4", 'Ii ........ -11' GOOf/SOoil.. ~....' ~.... "'.... li 0 F 1."'V ........ Il~~ .," la'I~llIUII'~ N ary Public for Waho e.. Residing at: ~~ r My Commission Expifes: / / 1Z11r DEVELOPMENT AGREEMENT (AZ 05-040) VOL TERRA SUBDIVISION STATE OF IDAHO ) : ss County of Ada ) On this a8~ day of Fe.ctu~ ,2006, before me, a Notary Public, personally appeared Tammy de Weerd and WIllI mG. 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. .mIllGlIle.o ..~-~ M. 0... . ~~.... ~~--, ~. (SEllifj/~O T4'j~',,~~ . I vA\ e III t ~ . 1Il : . III . I · . . · : e . . I .. f1..d)'\ ~ " 0 ..~ '... , e .1~~~--'Av~~1...9... .~' OF 1P:~V. ."_.11I911I11I ,-k~J\ ~ ~ MJ Notary Public for Idaho Residing at: (iCtl ru 1 l )f l 1\ 1f) Commission expires: In ~II-I , DEVELOPMENT AGREEMENT (AZ 05-040) VOLTERRA SUBDIVISION E)(h\bi t- \A I CITY OF MERlDtAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NO'(EMBER 9, 1.005 C, Legal Description . . . '4"''1~,~" J , . ....~... . " r; : . .r' ",June21.. ;W05 VOL TERRA ,SUBDIVISION . " A p~rcel'onand locat~d' in the N % or'lha NE ~ of Sectioil 34:i!'md the S % of Section ,27. r: 4N., R. 1W., S.M., Ad;!: CounlYl Idaho, more particulany oascribed 'as foflows: - . ".' I' . , . , ,C91fl1l'\enqlng.at the comer common' to Sections, 26; 35, arnbhe said ,Sect/oils 27 'S; ":~,'fn?mwh!cli the % comer common:to Said Sections 27 and, 3;4 hears North' 68~55'55" '''West,:2654..5,? f~t., ~lQ point,be1n9, the REAL POINT OF BEGINNING; , . 'T~npe along the ettst line of the,NE'V. of sa/d.S,actio/) 34.SOlith OCi~?3~19~ West, '1.3 tS~~Jaetto the southeast co,!,er ~fthe N;Yz pfsaid NE Yc;. . , , Thence along the ,south line'oh18\cf N:'!-1i.dfi;he NE}{ North 89~05!58~ West 2651.08 feet to; tfl~ southeast co~~r of~aid N X:~nha'NE 'X: Thence ~Iong the west trn~ of:sald N % ,of the NE 'l4 Nortl;l,PO"44.17" East, 132~;35, feat to tha % comet common to ,$.aId Sections: 34 and 27; . I: . =:. ". . Thence along ~e west line of the, SE %.of aal~ S~lQn 27 North 00029'09~ E~st, 644.81 feet 'to" the ,southGast comer of Lot 7. Block 2 of. S14ck' Cat Estates No.2 Subdivision, as sa~e Is -reoo~d6d In 800k 32 of plats at P.lig"e 1945; recon;fs of Ada: Cciunty~ Idaho; , ' , , Thel1'~ ?Ioo'g t~e, east line of said L.ot 7 North 00"20'12" East, -6,60::00::feet tp the,' northeast cOf~-er qf .sa~ .Blaqlt Cat Estates No. 2'!?ubdlvlsion;' - ' ' , , " , Thence alqng Ihenortn line of ~1d Black Cat Estates No. ,2 Subdi~i.slori: North !}~: H:~,~:~eati' ~2~ 1'.~1'feat; T~GnC& North 12"47'25' west; 206,21 feet; ">:' "thence North 88"10'44" West, 89Q.71 feet; " . The~,N(irt/) 50.,51'04' Wsst, 89.06 feet; Thenc~,No.rth 34"20'48" West, 79-.64 feet;. . ': ~ ',f ~ . . ThenCe North 1SD35'Of'West,11'.55 feet; RE~ APfllUlVAl 2'!-J~''i' .A~ .1\l----J'~ " .'t\~ii' U .~. 2005 . l\\ER.IQIA~'P.UBllC WORj<S oS't . ., Th~nco North 89034124- West. 291~92 feet t~ a poirrton the West JinEi-of'.said Sectf~n 27;, Thence along said line North 00-31'40' East, 877.06 feat to. the.Westl/4 cqmer of saiq Section 21; " . Thence alongthe,.EasfWes~ mld.seciio,!Lliit~Qf said Section.'27'South a9::'19'43' East, 26"49.84 faet-{O.tM,Cel'lter.orsai,d-Se.clion ~,7.~ '{fJ.t0Zf40402-pril,dCl.do..! ' '....~ . . ,... ~----- ..............__.":"lI""l<;l~4. . ....--.-. Exhibit C - Page 1 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 ',: ,""..,,' .".' ': <Thence South 89020'38" .: .'" .East, 2650.g9.faetto the East 1'4 . '.' , . ' . . . cornor of said Sec\lon 2,1' . ~~ence South 00.21'48" W . .' , . . ContaiOing 312.67- acres. more ~r f:~~ 2644~37 f eetta the PQ!!IlJ" OF B.EGINliUNG. . . . r-'.... .., , : . ~ '. : 0"\_. ~ ~~. ~";-i~ " ' .' 0 '.-' ;l. r~. "j. ..... :' ,: ~ . :.~~ . :~.~;=. , ',IV 0', . ! ~ ~. 4ft4~12(4~b2:J1~,~eG.doe ~... ...... _ .__ _~.. ___>_.. . ~ ..... ....,~8~.....~.'...."~'Lj' .... ......---' .' "" "._"~~"""",-,,,-,.,,,,~,,~,,,,,~,_.,,..,, ..-. Exhibit C - Page 2 ,__ _.,. h.. _.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NO~.6MBER 9. 2005 ~ ""l> ~ flS ao.o~ lO:5Df).M_"Ent:~n~l!'l'"inc:. SoIuei:ons ".~ 2!JB S-a8 0941 'I" 1 J.une21, 2005 . <"" ~:i~". PROPOSED 1.>0 ZONE VO~TERRA 'S~aDIVISION Pan::elS'oHan~ !9.ca,l:ed in the NE'A ofthe filE '% of Section 34 and .the SE ~ of the SE Y.i of Se,ctja(l ?7', T;'.4N.. .R. 1W., B.M.. Ada County, Idaho, mora' partlc:ulal1ydescrlbad as fo!lows:' : ' " PARCEL A . A parcel'of land locate!1,ln ~e NE % o.f. tha'NE % of said Septi9n~. more partlCtllarly :d?Scri~,~IlJol,lows: , CommenCing afthe comer common tQ:Se~on8.2Q, 35, and the .said SectiOlis 27 &,34., from whli::h the '~. comer l,:Qmmon ,to said Sections 27 and 34'b~Nl':North 8S.5S'55u West, 26M,57 feot..thsncealong U1e east line of sald'Sectlon 34 5outh.OO"53'19-West, 920.35 feet to't~ ~ ~lNT OF BEGINNiNG; , , .. , Thence ,continuing' along. wid east Un" SOl.\ltt OO~53'19. West, 395.23 feet to 1he soulhea~t t:O~r :or.the M: % of the NE % of lilaid,~a.dloo 34; . Thence' alol\gthe south line;of saki NE,1h ofthe NE Y.. North 89"05'58' -West:. 482.58' , : IT:';- {e&!:; ~ '. H . V' ' Tt1sn.oo.North 00',$2'09" E~; 4~.3$ f...,.at to a point on a..ourve; Thence gO.48 feet along the. are of a: l'Ioo.:tangent curve.to ,!he I~ft; 5sid: curVe ha\llng a radIus at 500,00 feet, a del~a.angle'of 1(]~~i06';:~I!~' a Iong'chord bearing SO!Jt~ e~~66'02' .Eaat, 90.3~ feat to B ppint of tangency; . . ' 'Tbence:South 69.06'05. east, S92~73 fe&t 10 the POINT ciFoBE;~INNI~G. ContaIning 4,.3a:.acTSs.mp.ra or IEIss. ' . toe 'p~CeL;B'.:.: A parcel of land located In the SE' %"oUh~ SE' 'A of said 8~n 27, mora particularly defsCrl~ a81011~: . . . Cofl").mef1clf.1l] atthe, cq,rner ~mmon to Sections 28.. 35,.end:the.~~)d .~al?tlOn8 27 & 34, from whlch:the' y.j wmer c;ommbn to'sald Sections 27 and 34 bears North tl8'55'55~ Wast. .2~~57, ~ .ttl~ncp.along the '501.1th lIne of said Section 21 North BB~55~55~ W~t. 891.32 'feet to'lli~';~EAL 'POINt OF ~t:GIN~ING;' " ' , Tk~~~~oti~!.Iln9 along $li'1id south line North 88055'5!i'::West, 324.99 feet,; Then~;~~tih~.1~:05'10" East, 841.20 feet; .. f.,.,. :...~ ~ . . qll4~2140402-LO,~,d~ " . ______...r--~--........-- " ,.._.......... ,. .'"r.-... I , ,,;.,.;1.....- - .. ., Exhibit C - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NO~EMBER 9, 2005 fl~'lO& ~oa6 lOj5DA"_En~iDeerin~ ~olu~ion. .-2.q~ ,938 . OS4i. '." P. ',,<:.' Thence North 44"4T17~ Ealilt.,a3.~fHe~; Thence:North 52D55'21"'Ea6l,: 46ltn fest: . Thence North 63"01'16~ East, $2.80 feet; .f. :. . '.+:- ,:rtJ~ncE;l' North 75"18'10. East..&t8af~e~;, Thence North a2."2~~~~, Ea,st, 52.00 feet; l'he'rice South 89,!.3S'12" Eaat, 609A7fee:t to a point on ,the east Une of,the .SE }14 of $~Id '~c;tfon 27;,' ", ' Th9-~ce along said east lint) Sou~{Qt)~21'48' w.est, $51.0~ feet; Thencs North 89"38'12" We$.l. 4:8,5,14Jest to a point of c~Mrture; Thence 623.4P' feet 9101')9 the arc of a curve to the IEift, said cu'rve having e'radlus of 400.0U f~t;.,~ delta angle of 69"11'44", and ~ long chord bearIng South 45.42'W" West.' 562.20 feet to 13' point of tangenb;y; " ' , ' . ,.1 ...-:. .' Th~nCe 'South 0' o()4.'Q4" viI~, 499. 13 fe,~t to the POINT OF "BEGINNING.' t,::ontaioing' :;t4.~!) !;:lcre.s. mora or less. -. , ' , . :." " ~ ,j ~~I)21404QZ.J70;llttS,l'!~' ....-.....---.---'" .--.----............. Exhibit C ~ Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NO':EMBER 9, 200S ri&c 05 200~.!:.10"5M~;~:Ent'~I't..ednt St:llut.1.ons ?: ~.t i-'i, . ": ~ _. ,g0.8 S:1a (j~:4-t I".S June .21.. 2005 : ~'I-: ~ : :..,:" PROPOSED R-4 ZONE VOLTeRRA SUBDIVISION . A-P.8rc~] of land locatscnri the N % of the NE !4 of Section 34 and the S }l Of Section ~.7."T. .4N....R. 'lW.,:8.M.;Ada.Counw, Idaho, more partIcularly ~(lscrlbed as follows; .Qon,menciog at tt1e'colT!er,commonto'Se~ons 26, 35, al1t;! th~.sald_S8ctlons'27 & 34, from which the y.. comer tommon to said.Satti.otlS 27.and34 bears.North 66.55'05" West, 2654;57 feet, thence alon~.tt:I!!l9outh flne'ofSald Section 27 North B8.S5'55~ West.. -691.32 feet ~ the ,REAL POINT OF SEGINNING;. '. .. . d Thence South 01 "04'04M West, 421'.5Heet1o a point Pf eoN.ewra; Thence,.S96.40 ~eet along the.arc of a cur:ve to the ,left. said curVe having 8' radiu5 of 500,00 feiet,.~.del~~angle of79"48'04-, and a long;chord bearl!\9 South 36"49'Sr' ,East. 641 ,46'feet to.s point; . . Thenoo South 00"52'09" West,. 403~38 feet to a:poi"nt on th~ sputh line of. the N.~ of.' the, NE 'l4 Dr aa~ .Selrtlon 34;' , . . ,i)., .:ftience alang said south line North 69"05'58" West, 2168$0 feet to the l$Outheast. ool-ne('of said N ~ .of the NE ~; . 'Then<:e. .along tha,we~flil1e of said N Yz 9f.th"NE y.- North 00"44'17" East, 132g.35 . feetl:o the. y..~comer common to said Sections 34 and 27; ," .:I~~ .:.':.~'~~~:' . .' . ,'. .:. Th'ence along the weSt tina'of the SE. % of ,SJlId. Secllon27 NoMOO~~~.'.o!t ~st; 644.81 feet CO the SOUthElallt corna~ orLoH, Bloc!(2'af Black Cat E~tel\'Na. -2 Subdivision; sfi,sa1118 ls,:i-6corrled In Book 32" of plats at Page 1945, records of Ada county, Idaho; . , '<: ~ '. Ttlence along the BliIst line of &aid Lot 7 North. QO"20..12" east, 660.00 feet.to.the no~h'aa"St, ~m6rOf said Black Cat estatf;llJ> No: '2 SUlJdM8fon: ..~. .. ' , TheOOf.ll along the, north Une of $aId Black Cat" Ell.tal:e.s No.,2'Sl,Jhdlvlslon, North 8Q.17'2g~~es~; 1281.91 feat; .' '~~f~'NOrth 12~4i25')Vet;t; 206.211eat: .., ...."'.,.1 'T~~ North88010'44~West. 896.71 feat; : ...... ~. . . Tl:!.sfu:e Norttt 56~51'04!, west,. 8QiO~neet; Thsn.I>>.Nbrth 34020'4S"'WC3t, 7&.El4'wat; ..~ ''':' T.Mn~ North 19.;36'0 rWf:lst. 1-11.55 feet:. .. ", . ,l!14!)if4MD2~]t4.des.doe ........ r"l-.""~'" . Exhibit C - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATB Of NOYEMBER 9,2005 n,",~ 95.:.~;~~5 l,o.diOflr:! E.n~.1.n..ltrinr; Sol<.aq.on$ 209 s~a OS4'1 ".':--:,. .....,.:.. . ,1< " . Thence North a9!'34'24~ West. 291.92fe~Uo e point on the west llnaoftbe.SiWof sald.Sactlon 27; . . , '. . "!:.' . 'TbanC9 along sald WeE1{Il(u:~ North OQ~31'40;' east" an.C.B feiet.t<ithe northwest comer ofs.alt! S Y. of Section 27: ..' , Thence alQng the north' boundary 'of sald'S Y. .of Secllon27 South 89"19'43" East. 2649.84 feefto Ule'Cente. ~ cpmer of saidSecUon 27: . .' . , ~ t . . Thence cont!nulng said north bound~!y S,C!UIl1 89'20'36" E~stt 265P,99 feet to lh~ nortf:lllla~~ comer of .sald 'S lh of SectIon 27; thence along the ~ilSt lIna of 8ald~~.~ of.~ll6n 27 :Soulh 00!'21'48~ West, 1387.61 feel; ,.' Th8~ce .North a9.~8'12. W_t. 609.47 feet; The~,9 South 82"23'09'" Was;. 6,2.0Q faet The~ce. Sout~ ,1.5",1 ~':tQ~ West.' 54:66 feet; '. Tl1e,~ South 63'"01'16' Wast. 62.l~O feet; Thence South 52~55'21'" WaSt; 466.72. ie.St; Then~'South 44Q47'1rWal?t, :9~.2f3 feet; Tt:tencit,Soufu,01~05'1 O. West. 841.2.0 fsat.to ~ pQlnt on 1he ,south line 'of-~e, S ~ of said Section '27; , , , Thanca along said south line South 6B~66.'65' East. 324.~, feet to tht!l POltl!T',OF BEGINNING. Contaln,ing 256,21 acrea, more or I~. '" , " .w.tti2J4~{)2.R.4.dC;l,do<: . ~.~ . . . 'T ."'w<H>...__:..:".....,....',d... " .,_~.___R --,. I.,~__' 1'<" .".,. .,- ;_~u~~,..u_,_~.., ..,.....~,.......,......." ,~~---_.... Exhibit C - Page 6 p.4 .---' ~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of NO'l{EMBER 9, 2005 ~.. ., 'r:1~1: '.pS .2009 :1"0. .cOliN....,.. Ent; 1 neel'".i. nc; :$,!) 1 ut.:.fp.l1s . . ...... ,.~:..zoa 938 O:S.H p.s 1.oj""" i ~. ~ June 2:1,.,2005 ~.. + .~ PROPOSED ca. ZONE VOLTER~ SUBDIVlSI()N 0.,1 > ~.... 1 A parcel, 9fland .located .in the, NE'M, afJhe NE y.: ofSeclioJ:l 34 ;and the SE 'A of the. SE 'A ~f~eC!lpn 27, T. 4N., R.1W.., B,M" Ada'CoUl)ty.ldahO, mOra paitlcu!any des,C{l!Jed .~ follOWS: . ; Commencing at the comer :common to S.edlOll6l 26, ~6. 'and the sald Sactions"27. &" 34, from whJOhtha 14 comer common to.S'/llid'Se'clJons.27 and 34 bears.North B8~5S'55~ . West, 2654:f;ii:.~~;'sa!d pOint being the REAL POINT OF BES;INNJNGi . Thencealonlt'lhe e.ast line oftha NE:X of said Sectlon 34 South mi53!19'.' West, 920.35 fget. ' , , " . '.. . . Ths~e North 89.06'05. vitea~ 392.: 73 feat to..a' point o.f curvature; : ',' '. . 'Th8n.~EI ,7B6.66'faet along.the aTe of-a curve tithe- right. saId curve having a radius of 500.00 fee1/a delta angle ~90"1.0'10','and_a long chord be8rjng North 44'01'01~ Wast, 708.16. feci 10 a: point of fangElncy: . . . Then~ Nod" O~.04'04..EaSt, 421 ,51 feet to a point on tIi~'north line of saki NE ~ of S0cllon 3:4: . TMn~ continuing Nort!J 01"04'04. Ea!!~,. 499.73:feet to a point of ClJrya~rsi 'l" . T~enc(l 623.40 feet along. the arc of, B curve to '!tie r19ht; sa:l~ curve having a rei.dluQ, 6f 490.00 fee,t, iii delta angle of 89"17'44., 'olll19.a .fqilg chard bearing North 4~'4i'5a. East. .~2.20 ~.Qtt9a poirrt offa':lg.ency; . '. .. . ~ '. TP.ence South 69"38'12" East. 485,14 feel to a.polnt on ih.e 't:!~$t.Uneof'1h~ SE 'Y..of. ll81~ $.&etia~:F7; Th~nca along said ea.alllneSouth 00"21'46" West, 905,74 feefto the POINT (:IF 8EGINN1N.~, Gontalnfn9 35~19 acres, mol'Q orJQ$s. . . t"..:, <If)4!l:214l14ll~.('.G.deJ~t1c. .....~..'.._...,c......."." /"""~ .... _H'''' . . ....""<l""'_,..~,_~~...__.-............ '.~.. ~..' .____---4.--~-- Exhibit C - Page 7 Sth\bl t- ""t)J RECEIVED " -OEe 1 2 2005 Ci~~ '..an Ci .. - ce cU8;Uzdn - 4; - .~ '. ID,'l-Kl I' '"" Y &"''-' /- ~~~ ~r "~'!.1" TIII_...&;t.-., '-...~~~ "....1 "- --- 1m CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 312.67 Acres to CwG (35.19 Acres), L-O (19.27 Acres), and Rw4 (258.21 Acres) AND Conditional Use Permit Approval for a Mixed-Use Planned Development Including Commercial, Offiee and Residential Uses and Amenities Including Tot Lot Play Areas, Pathways, and Useable Open Space AND Preliminary Plat Approval for 613 Lots Including 540 Detached Single-Family Lots, 9 Commercial Lots, 11 Office Lots and 51 Common Lots on 232.32 acres AND Preliminary Plat Approval for 227 Lots Including 134 Detached Single-Family Lots, 54 Attached Single-Family Lots, 13 Commercial Lots, 4 Office Lots and 21 Common Lots on 80.36 Acres, for Volterra Subdivision and Volterra Subdivision South, by Primeland Development. Case No(s). AZ.05~040, CUP-05-041, .PP-OS-039 and PP-05-040 For the City Council Hearing Date of: November 9, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 9) 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 9, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 9,2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 9,2005 incorporated by reference) B. Conclusions of Law L 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 hnpact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECISfON & ORDER CASE NO(S). AZ-OS-040, CUP-OS-041, PP-05-039, PP-05-040 - PAGE] of5 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 S 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public ifthe 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, Site Plan, Volterra Preliminary Plat, Volterra South Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 9, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City CotUlcil'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 July 21, 2005 is hereby conditionally approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 13, 2005 is hereby conditionally approved; 3. The applicanfs Site Plan as evidenced by having submitted the Site Plan dated June 27, 2005 is hereby conditionally approved; and, 4. The following modifications to site specific conditions were made at the City Council hearing: a. Conditions 1.1.9 and 1.1.8.B in Exhibit B of the Staff Report were modified to allow 4~foot solid fencing, with 2-feet of lattice on top, to be constructed adjacent to internal common lots and micro-paths. b. Condition 1.1.3B in Exhibit B of the Staff Report was modified to require a pedestrian cOlmection, not a vehicular connection, into this site from Upriver Drive in Drawbridge Subdivision. CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-040, CUP-05-041, PP-OS-039, PP-OS-040 - PAGE 2 of 5 c. Added Condition 1.1 ,13B to Exhibit B of the Staff Report which requires the applicant to provide a stub street to the 5-acre parcel (Parcel #80434]42354) from Lesina Drive, d. Condition 1.3.3, in Exhibit B of the Staff Report regarding open space, shall be modified from the original proposal of 26-acres to reflect the new calculations that the applicant provided at the heating; 24.4 acres (13.9 acres for Volterra North and 10.5 acres for Volterra South.) e. Added Condition 1.3.5 to Exhibit B of the Staff Report which requires the applicant to provide grass and other landscaping within the White Drain easement, as allowed by Settlers' Irrigation District thro'ugh a license agreement. 5, The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 9, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building pennits 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. lfthe 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 lI-SB-6,G.1~ the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) mouth period. Additional time extensions up to eighteen (18) months as detennined 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 Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and confonns substantially to the approved preliminary plat, such segments, if C1TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-040.. CUP-OS-041, PP-OS"039, PP-05-040 - PAGE 3 of5 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 tenninatioll of the period in accord with 11-6B- 7.A, the Director may authorize a single extension oftime to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detennined 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 Pinal 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 Dotice 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 November 9, 2005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OR.DER CASE NO(S). AZ-OS.040, CUP-05-041, PP-05-039, PP.05-040 - PAGE 4 of 5 1fu action of the City Council at its regular meeting held on the ~ \{fmbeY ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED ~i fL. COUNCIL MEMBER CHRISTINE DONNELL VOTED.-.&en l.., COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY deWEERD (TIE BREAKER) VOTED ---- !~..~: "l" t,~ . J;" - ~<;.... "Y. s:' ::. 4.. ..;:) 0 2 ~ '1':~..:-.:tlsr- 15"\ . .;J!..f ....,. ^"t' ... "'''" a ~ ,!;,,,, Copy served upon Applicant, The Planning-/t}n~~~\~u13Iic Works Department and City Attorney. Attest: By: Dated:--1J- \ ';;.-fh CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-040, CUP.05-041, PP-OS.039, PP-OS,040 - PAGE 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STA1~F REPORT FOR THE HEARING, DATE OF NOVEMBER 9, 2005 STAFF REPORT TO: FROM: Hearing Date: 11/9/2005 City Council Craig Hood, Associate City Planner Meridian Planning Department 884-5533 'l~~ cfG;;;;i~n~' ~ lIJ.\HO Jf ~1..' ~,.- ~,h, -,r '~""J" ".u~~ " .. ~""'!..!I"_",,,,t.'M't ~ '-- --.... ~. t;i{ SUBJECT: Volterra Subdivision & Volterra Subdivision South AZ"OS-040 - Annexation and zoning of 312,67 Acres to C-G (35.19 acres), L-O (19.27 acres), and R-4 (258.21 acres). CUP.05-041 - Mixed use development that includes commercial, office and residential uses. Amenities include tot lot play areas, pathways, and useable open space. PP"05-039 - Preliminary plat for 613 lots including 540 detached single- family lots, 9 commercial lots, ] I office lots and 51 common lots on 232.32 acres. PP-05-040 (South) - Preliminary plat for 22710t5 including 134 detached single-family lots, 54 attached single-family lots, 13 commercial lots, 4 office lots and 21 common lots on 80.36 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annex.ation and zoning of312.67 acres ofland that is currently zoned RUT in Ada County. The applicant is seeking a C-G zone (General Retail and Service Commercial District) for 35.19 acres, an L~O zone (Limited Office District) for 19.27 acres, and an R-4 zone (Low Density Residential District) for 258.21 acres. The applicant has submitted two prebminaryplats for the subject property, one on the north side of McMillan Road (Volterra), and one on the south side of McMillan Road (Volterra South). Volterra Subdivision includes 540 detached single-family lots, 9 commercial lots, 11 office lots and 53 common lots on 232.32 acres. Volterra South Subdivision includes 134 detached single-family lots, 54 attached single-family lots (zero lot lines), 13 commercial lots and 4 office lots on 80.36 acres. The applicant has also submitted a Conditional Use Pennit for a Planned Development (CUPIPD) for the property. The CUPIPD includes requests for reductions to the minimum lot size, minimum street frontage, minimum house size, side setback and maximum block length of the R -4 zone. The PD also requests that 17 percent of the site be zoned for office and commercial uses, uses that are not nonnally permitted in this area, as a use exception (see MCC 12-6-3). Amenities for the development include tot lot play areas, pathways, a swimming pool, a clubhouse area and useable open space. 2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject annexation and zoning (AZ-OS-040), preliminary plats (PP-05- 039 and PP-05-040), and conditional use permit (CUP-OS-041) for the reasons listed herein. However, - almost all of this property is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this. point in time the facility is being designed; however, no funding has been approved for the construction. Approval of this development shall be subject to the North Black Cat sewer system being available, and improvements to the waste water treatment plant being completed. The Meridian Planning and Zoning commission heard the item on October 6. 2005. At the public hearing they moved to recommend approval. Volterra AZ-OS-039, CUP-05-041, PP-05-039, PP.OS-040 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARLNGDATE OF NOVEMBER 9, 2005 a. Summary of Public Hearing: i, In favor: Becky McKay (Applicant's representative) ii. In opposition: Paul Poonnan, Gale Poorman 111. Commenting: Jerry Stevenson iv. Staff presenting application: Craig Hood v. Other staff commenting on application: Mike Cole, Brad Hawkins-Clark b. Key Issues of Discussion by Commission: i. - Fencing adjacent to: open spaces, streets, rnicropaths and canals; ii. - Phasing of the project; iii. - Design of the subdivision; iv. - Traffic and upcoming roadway projects in this area; v. - The Fire Department's requirement to paint curbing red where parking is prohibited; vi. - Public vs. private parks; and, vii. - Sewer availability. c. Key Commission Changes to Staff Recommendation: i. - Requiring 4-foot tall solid or 6~foot taIl open-vision fencing adjacent to interior open spaces and micropaths; ii. - Requiring the applicant to provide new open space calculations (exclusive of sand in the bottom of drainage areas) prior to City Council; 111. - Allowing the applicant to possibly gravity sewer some of the property; and, iv. - Requiring the multi-use pathway to be constructed in coordination with the Parks Department's staff, d. Outstanding Issue(s) for City Council: i-As of the print deadline for this staff report, the applicant had not provided new open space calculations, as required by the Planning & Zoning Commission (see Conditions 1.2.2 and 1.2.2B). Staff has spoken with the applicant and the revised open space calculations should be available for the City Council public hearing. Staff recommends that Condition 1.3.3. regarding open space, be modified from the original proposal of 26-acres to reflect the new calculations that the applicant provides at the hearing. 3. APPLICATION AND PROPERTY FACTS a. Site AddresslLocation: McMillan Road and Ten Mile Road I SW and NW comers ofN. Ten Mile and McMillan Roads within 4NI W27 b. Owners Mary Floyd and E.L. & Shirley Bews Bews Family Limited Trust 5204 Sorrento Circle Boise, Idaho 83704 c. Applicant Primeland Development 660 E, Franklin Rd. Suite 110 Meridian, Idaho, 83642 Volterra AZ-05 -039, CUP-OS-041, PP-OS-039, PP-OS-040 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9.2005 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mediwn Density Residential and Low Density Residential g. Description of Applicant's Request: Annexation and zoning of 312.67 acres for a mixed use development consisting of attached and detached single-family lots, commercial lots and office lots. 1. Date of preliminary plat (attached as Exhibit Al & A2): 07/21/05 (Volterra) 07 /13/05 (Volterra South) 2. Date of CUP site plan (attached as Exhibit A3): 06/27/05 3. Date oflandscape plan (attached as Exhibit A4): 06/21105 h. Applicant's Statement/Justification (see Applicant's submittal letters): The proposed overall density (3.56 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3-8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Bridgetower project. 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 Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a planned development as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: September 19 and October 3,2005 (for Planning & Zoning Commission) and October 24 and 31,2005 (for City Council). f. Radius notices mailed to properties within 300 feet on: September 9, 2005 (for Planning & Zoning Commission) and October 21,2005 (for City Council). g. Applicant posted notice on site by: September 26,2005 (for Planning & Zoning Commission) and October 30,2005 (for City Council). 5. LAND USE a. Existing Land Use(s): Primarily, the subject site is being used for agricultural purposes. There are two existing homes and several out buildings on the subject properties. There is a home site located near the southwest comer of McMillan and Ten Mile and a home located on the north side of McMillan, approximately 800 feet from Ten Mile Road. b. Description of Character of Surrounding Area; Today, this area is primarily being used for V ahem AZ-OS-039, CUP-05-041, PP-05-039, PP-05-040 PAGE 3 CITY OF MERlO/AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGDATE OF NOVEMBER 9, 2005 agricultural purposes. All of the properties adjacent to the westem bOllildary of this project are currently zoned RUT in Ada County. There are some single-family homes on large lots located 011 the northeast comer of Black Cat Road and McMillan Road (Black Cat Estates No. 2). Drawbridge Subdivision, located south ofthe subject site adjacent to Ten Mile Road, is an. R~3 residential subdivision on 5-acres. The City's Waste Water Treatment Plant is approximately ~ of a mile south of the subject site. Bainbridge Subdivision was approved for residential development just north ofthe subject site (subject to sewer availability). Bridgetower and Verona Subdivisions, both mixed-use developments, have been approved on the east side of Ten Mile Road, adj aeent to this development. c. Adjacent Land Use and Zoning 1. North: Currently used for agriculture (approved Bainbridge Subdivision), zoned R-8 2. West: Single-family on large parcels and agricultural, zoned RUT (Ada County) 3. South; Drawbridge Subdivision, zoned R-3/Agricultural, zoned RUT (Ada County) 4. East: Verona Subdivision, zoned C-G, L-O and R-8fBridgetower Subdivision, zoned C-G and R-4 d. History of Previous Actions: NI A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer main in Ten Mile Road with enough depth to sewer a small portion of this site. Location of water: There is an existing main in Ten Mile Road. Issues or concerns; A vast majority o/this development is currently not serviceable by the City of Meridian's sanitary sewer system. Gravity sewer will not be available to this property till at least early 2008. 2. Vegetation: There are some existing trees on tbis site that should be protected or mitigated for. The rest of the vegetation on-site is for agricultural purposes. 3. Flood plain: NA 4. Canalsillitches Irrigation: There are several ditches and drains that abut this site. Except for the White Drain and the Settlers Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards; The Settlers Canal lies on the south side of McMillan Road adjacent to this site. The Settlers Canal is deep and wide and could be a hazard. 6. Proposed Zoning: C-G, L-O, R-4 7. Size ofPropeliy: 312.67 acres 8. Description of Use: Commercial, Office, Single-Family (attached and detached) f. Subdivision Plat Infonnation (includes Volterra and Volterra South): L Residential Lots: 728 2. Non.residential Lots: 37 Volterra AZ-OS-039, CUP-OS-04I, PP-D5-039, PP-05-040 PAGE 4 CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARLNG DATE OF NOVEMBER 9, 2005 3. Total Building Lots: 765 4. Common/Other Lots: 72 5. Total Lots: 837 6. Residential Area: 258.21 acres 7. Commercial Area: 54.46 acres 8. Gross Residential Density: 2.3 units per acre (2.8 units per acre excluding proposed L-O and C-G properties) g. Landscaping 1. Width of street buffer(s): Per MCC 12-13-10-4 a 25-foot wide street buffer is required along Black Cat, McMillan, and Ten Mile roads. Except adjacent to the proposed C.G areas, the applicant is proposing a common lot adjacent to Black Cat, McMillan, and Ten Mile roads that exceeds 25 feet (35 feet typically). A 35-foot wide landscape easement is proposed adj acent to the C-G areas that abut the arterial roads. A 10-foot wide street buffer is required along all commercial (local) roads. The landscape plan depicts the required street buffer adjacent to Parma Drive, Sangro Way. Gondola Drive and Milano Drive. However, except for Gondola Drive, the landscape buffers adjacent to the commercial roads are not depicted on the face of the plats. 2. Width ofbuffer(s) between land uses: A 20~foot wide landscape buffer is required between office zones/uses and single-family residential zones/uses. No other land use buffers apply to the proposed development. 3. Percentage of site as open space: 8.5% (26.4 acres) excluding required street buffers. 4. Other landscaping standards: The landscape buffers along the arterial streets should be constructed in accordance with MCC 12-13-10. The land use buffers should be constmcted in accordance with MCC 12-13-12. City Code requires a 5-foot wide landscape strip on both sides of a micropath. Further, the landscape strips along micropaths shall include at least one deciduous tree for every 35 feet of length (MCC 12-13-15-4)(except for the micropaths that contain sewer easements). Common open space lots should include at least one deciduous shade tree per 8.000 square feet (MeC 12-13-16-5). h. Conditional Use Information: 1. Non.residential square footage: The applicant is proposing approximately 84,000 square feet of office space; 300,000 square feet of commercial; and 1,500 square feet for a clubhouse. 2. Proposed building height: Per requested zone at the time of building pennit submittal. 3. Percentage of site devoted to building coverage: NI A 4. Percentage of site devoted to landscaping: 12.5% (39.1 acres) including street buffers. 5. Percentage of site devoted to paving: 63 acres of the site are for proposed streets. 6. Percentage of site devoted to other uses: NI A Volterra AZ-05-039, CUP.05~041, PP-OS.039, PP-05-040 PAGE 5 CITY OF MERLDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7. Number of Residential units: 728 i. Amenities: Clubhouse, swimming pool facility, multi-use pathway, park plaza, two tot lots, open space. j. Proposed and Required Residential Standards: R-4 Setbacks Proposed Required Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 (0' for attached) 5 Rear 15 15 Frontage 41 80 Lot Size 5040 8000 k. Proposed and Required Non-Residential: C-G & L-O: The applicant is not requesting any deviation from the L-O and C-G lot sizes, frontage requirements and building setbacks. 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct five access points onto McMillan Road, five access points onto Ten Mile Road, and one access onto Black Cat Road. Two of the five access points to McMillan Road and two of the access points to Ten Mile Road are driveways for the commercial portion of the proj ect. The remaining access points onto the adjacent roadways are proposed as pubic streets. The ACHD has approved all of the proposed access points. Staffis supportive of the general design of the proposed access points and streets, with one exception. The applicant is proposing to construct Gondola Drive, Malta Drive, San Vito Way/Avenue, Parma Drive, Milano Drive, and Sangro Way with detached sidewalks. Staffis supportive ofthe detached sidewalks along these roadways, but for the safety ofdle pedestrians using the walkways, staff recommends that the trees proposed on the back side of the walkways be placed between the curb and the face of the walk, not behind. The width of the planter strip between the curb and the sidewalk shall be in compliance with ACHD's interim policy for planters (at least 6-feet wide with root barrier or a minimuDl of 8-feet wide). For a detailed report on the public streets and access points to public streets, please see the attached Exhibit B. 6. COMMENTS MEETING On September 16,2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department1 and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Approximately 230 of the 312 acres 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 dwelling units per acre (net). The remaining 80 acres adjacent to Black Cat Road is designated "Low Density Residential" on the Comprehensive Plan Future Volterra AZ-OS-039, CUP-D5-041, PP-05-039, PP-D5-040 PAGE 6 ClTY OF' MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (net). Some of the larger lots in the development are within the area designated for low density residential. Although the applicant has not submitted calculations, staff believes that tlus area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net density is 3.56 dwelling units per acre (2.8 d.uJacre is gross density). Staff finds the following Comprehensive Plan policies to be applicable to tlris property and apply to the proposed development (staff analysis in italics below policy); · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal m, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following matmer: · The subject lands currently lie within the jurisdiction of the Mendian 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. · It is not clear how sanitarv sewer and water service will be extended to the vrQject at this time. It may be years before service is available to this orollerty. 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 IV, Goal II: Diversity economic base of City -- make Meridian more than a "bedroom" community. The applicant is proposing to zone and develop 19 acres of the property for office use, and 35 acres o/the property is plannedjOr commercial use, Although stqffbelieves that North Men'dlan is nearing capacity for properties zoned non-residential (see the North Meridian Market Analysis prepared by Thornton, Oliver, Keller Commercial Real Estate, 2005, this is an appropriate location for, and an appropriate amount oj; non-residential property. . Chapter VII, Goal 1: Ensure a variety and balance of land uses to support the Meridian Impact. Staffbelieves that the applicant is providing both a variety and appropriate balance of land uses that can be supported in this area. . Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities Volterra AZ-OS-039, CUP-05-041, PP-05-039, PP-05-040 PAGE 7 CITY OF MERIDiAN PLANNiNG DEPARTMENT STAFF REPOR'r FOR THE HEARING DATE OF NOVEMBER 9, 2005 within the Impact Area, Staff finds that the majority of this site. is designated for Medium Density Residential on the Comprehensive Plan Future Land Use Map (the 80 acres adjacent to Black Cat Road is designatedfor L01V Density Residential). Although commercial uses have not been specificanv plannedfor this property on the Comprehensive Plan Future Land Use Map, the Planned Development Ordinance (MCC 12-6) allows up to 20% of a project to be devoted to u.r;:es not normally permitted. · Chapter VII, Goal T, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Both McMillan Road and Ten Mae Road are classified arterial roadways. The applicant is proposing access from the a4joining residential lots to the commercial areas from micropaths. sidewalks and shared streets. Staffbelie:ves that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. · Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Stqff believes that the proposed land uses are appropriate along the adjoining transporlation corridors (Ten Mile Road, McMillan Road and Black Cat Road). . Chapter Vll, Goal V: Offer a diversity of housing types for a greater range of choice. Within the development, the applicant is proposing a wide variety of lot sizes. The proposed residentiallols range in size from over 40,000 square feet, to around 5,000 square feet. The applicant is proposing 674 total single-family lots. Fifty-four of the single-family lots (7%) are proposedjor attached units while the remaining lots (93%) are for detached single-family homes. Staff finds that a block of townhouses or duplexes may fit well within this development. but that the applicant is proposing a range of lot sizes and varied hOUSing types with the subject applications. · Chapter vn, Goal V, Obj ective A, Action 4; Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety oflocations suitable for residential development. See analysis above, · Chapter N, Goal II, Objective A, Action 6: Pencit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of fmal approval and development is contig'UOus to the City. Stafffinds that this property is contiguous to the existing limits of the City. However, not all urban services are currently available to this property. Water is readily available in Ten Mile - Road, but the sewer in Ten Mile Road has only enough depth to sewer a small portion of this site. Gravity sewer for the rest afthis site should be available in early 2008, at the eaJ'lfest. · Chapter VII, Goal III: Ensure that adequate public services, including transportation, for existing and future development are provided. I1le intersection ofTen Mile Road and McMillan Road currently has an acceptable level of service (see the traffic impact study summary on pages 9 - 11). However, with the build out of the subject site, other developments in the area, and the anticipated construction of the Ten Volterra AZ-OS-039, CU?-05-041, PP-05-039, PP-05-040 PAGE 8 CITY OF MERIDIAN PLANN1NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9.2005 Mile Road interchange, sto:fJ'believes that this intersection and others in the area could have decreased levels of sendee in the near.future. ExceptIoI' sanitary sewer, this property can be served adequately by all public services at this time. · Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisiOllS together to prom.ote neighborhood connectivity as part of a community pathway system. The applicant is proposing to extend the multi-use pathwayfl'om Verona Subdivision to and through this development to Black Cat Road. The applicant is proposing multiple micro paths between the blocks of the development. Other pedestrian access is proposed to adjacent properties via the sidewalks on the stub streets. The applicant is also proposingpedestrian access to the commercial portion of the development on the nOl1h side of McMillan Road. from the residential portion. Staff is supportive of the proposed pedestrian pathway system. . Chapter VI, Goal IT, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing eleven stub streets to adjacent parcels. Staff is supportive of the proposed stub streets. The applicant is not proposing to extend Upriver Avenue into the site from Drawbridge Subdivision. To enhance connectivity and improve trajjic flow, Upriver Avenue should be extended into the site fi'om the south. . Chapter VI, Goal U> Objective A, Action 13: Review new development for appropriate opportunities. to connect to local roads and collectors in adjacent developments. Staff has evaluated the adjacent properties andfinds that the proposed stub street locations are ideal forfu.ture connections. · Chapter VI, Goal II, Objective A, Action 16: Require continuous, grid-like collectors around the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of Arterial streets, whenever possible. The applicant is proposing to construct Malta Drive, San Vito Way and Gondola Drive as residential collector roadways (no front-on housing). GondolalMalta connect Ten Mile Road to Black Cat Road. Further, Malta Drive and Gondola Drive include a multi-use pathway adjacent to them. Stafffinds that the proposed residential collectors w.e generally located near the half-mile and should function as the primary route for residents driving vehicles and bicyclists in this area. . Chapter vn (Collector Streets): Collectors shall be located at the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area oflmpact. Collectors must be continuous through the full mile section. This does not preclude the integration of traffic calming measures, nor does it imply the roadway has a straight alignment. See above. · Chapter VI (Transportation); Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. A traffic impact study (FIS) was prepared for this development, The applicant submitted a traffic impact study that was compiled by Washington Group International that addresses Volterra AZ-O$-039, CUP-OS-041, PP-05-039, PP-05-040 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING.lJATE OF NOVEMBER 9, 2005 cumulative impacts a/Volterra Subdivision and Volterra Subdivision South. A summary of the submitted traffic impact study is as follows: 1. The proposed residentiallcommercial development is projected to generate an average daily traffic (ADT) 0/9,711 vehicles a/which the p.m. peak hour traffic is /,181 vehicles per hour. 2. As a result of the site build out, traffic on the vicinity roadways is expected to increase. Traffic on McMillan Road west ofTen Mile may increase by 4,855 trips per day. Traffic on McMillan Road east q(Ten Mile may increase by 1,262 trips per day, and traffic on McMillan Road west of Black Cat Road may increase by 680 trips per day. Traffic on Ten Mile Road may increase by 2,428 trips per day north of McMillan Road and 2,408 trips per day south of McMillan Road. Traffic on Black Cat Road may increase by 1,942 trips per day north of McMillan Road and 971 trips per day south of McMillan Road. 3. The intersection of Black Cat Road and McMillan Road is currently controlled by a two- way stop along the east and west approaches. The Black Cat Road and McMillan Road intersection currently operates under capacity at Level of Service (LOS) B with the existing traffic volumes. For the background year 2010 condition (e.g. regional growth), the intersection is predicted to operate at LOS B in the p.m. peak hour. For the build out year 2010 condition, the intersection is predicted to operate at LOS B in the p.m. peak hour. No improvements have been identified for the Black Cat Road and McMillan Road intersection for the background and build out conditions. 4. The intersection ofTen Mile Road and McMillan Road currently is controlled by afour- way stop. The Ten Mile Road and McMillan Road intersection currently operates under capacity at Level of Service (LOS) A with the existing traffic volumes. For the background year 2010 condition (e.g. regional growth), the intersection is predicted to operate at LOS A in the p.m. peak hour. For the build out year 2010 condition, the intersection is predicted to operate at LOS C in the p.m. peak hour. No improvements have been identified for the Ten Mz'le Road and McMillan Road intersection for the background and build out conditions based on the capacity alone. However, as discussed below, a signal is warranted in the build out year based on the peak hour traffic volumes. 5. The intersection ofTen Mile Road and McMillan Road intersection marginally meets the peak hour signal warrant for the build out year based on rural applications with a single lane at each approach. A signal warrant analysisfor this intersection for the build out year using urban applications shows that a signal in not warranted. Approximately 51% of the total traffic generated at the Ten Mile Road and McMillan Road intersection is from the proposed Volterra development. A detailed analysis will be needed when the projected traffic volumes are reached before installing a signal. This intersection project is eligible/or the use ofimpactfees. 6. The northern site approach intersection with Black Cat Road is predicted to operate well "under capacity,t at LOS A or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the northern approach intersection with Black Cat Road based on ACHD's nomographs, west approach intersection with McMillan Road based on ACHD's nomographs. 7. The north leg of the western approach intersection with McMillan Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and a right turn bay have been identified as necessary improvementsfor the north leg of the west approach intersection with McMillan Road based on ACHD ',s nomographs. 8. The south leg of the western approach intersection with McMillan Road is predicted to.operate well"under capacity" at LOS B or better throughout the development period. A Volterra AZ-U5-039. CUP-OS-041, PP-05-039, PP.05-040 PAGE 10 CITY O} MERiDrAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DA TE OF NOVEMBER 9, 2005 left turn bay has been identified as a necessary improvement for the south leg of the western approach intersection with McMillan Road based on ACHD'S nomographs. 9, The north leg of the eastern approach intersection with McMillan Road fs predicted to operate weill/under capacity" at LOS B or better throughout the development period. A left turn bay and right turn bay have been identified as necessmy improvements for the north leg of the eastern approach intersection with McMillan Road based on ACHD's nomographs. 10, The south leg of the eastern approach intersection with McMillan Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn bay have been identified as necesswy improvements for the south leg of the eastern approach intersection with McMillan Road based on ACHD's nomographs. 11. The north leg of the eastern commercial site approach intersection with McMillan Road is a right-in and right-out (RlRO) intersection only. The intersection is predicted to operate well "under capacity" at LOS B of better throughout the development period. No improvements have been ident~fiedfor the north leg olthe western commercial site approach and McMillan Road intersection. 12. The south leg of the western commercial site approach intersection with McMillan Road is a right-in and n-ght-out (RIRO) intersection only. The intersection is predicted to operate weill/under capacity" at LOS B of better throughout the development period. No improvements have been identified/or the south leg of the western commercial site approach and McMillan Road intersection. 13. The northern site approach intersection with Ten Mile Road is predicted to operate "under capacity" at LOS C or better throughout the development period. A left turn bay and right turn bay have been identified as necessary improvements for the northern approach intersection with Ten Mile Road based on ACHD's nomograph 14. The mid site approach intersection with Ten Mile Road is predicted to operate I'under capacity" at LOS C or better throughout the development period. A left tum bay and right turn bay have been identified as necessmy improvements for the mid approach intersection with Ten Mile Road based on AClID's nomographs. 15. The northern commercial site approach intersection with Ten Mile Road is a right-in and right-out (RIRO) intersection only. The intersection is predicted to operate well 'Iunder capacity" at LOS B of better throughout the development period. A right turn bay has been identified as a necessary improvement for the northern commercial site approach and Ten Mile Road intersection. 16. The southern commercial site approach intersection with Ten Mile Road is a right-in and right-out (RIRO) intersection only. The intersection is predicted to operate well "under capacity rr at LOS A of better throughout the development period. A right turn bay has been identified as a necessary improvementfOr the southern commercial site approach and Ten Mile Road intersection, 17. The south site approach intersection with Ten Mile Road is predicted to operate well "under capacity" at LOS B or better throughout the development period. A left turn bay and right turn 18. All or the internal streets with front on housing have daily traffic projections lower than 1000 vpd. Stafffinds that the subject development has been assessed for their impact on the transportation system and surrounding land uses. The applicant has included a multi-use pathway, sidewalks, micropaths and regular street connections to encourage walking and biking in this area. ACHD is requiring turn bays and other roadway improvements as part of their approval. Volterra AZ-05-039, CUP -05-04], PP-OS .039, PP -05-040 PAGE I] CiTY OF MERIDIAN 'pLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 · Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACHD evaluates access points in their analysis; no direct access is allowed to any afthe internal residential collector roadways. The proposed access points to th.e arterial streets generally comply with ACHD's standards. Please see the ACHD staff report and E..-'Chibit B for the. conditions from A CHD. · Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls; berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets, By Ordinance, a minimum 25-foot wide landscape buffer is required adjacent to arterial streets (width does not include the right-of-way or any required sidewalk). · Chapter Vll, Goal I, Objective D, Action 9: RequiTe new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adj acent agricultural and other properties. The applicant has not provided a fencing plan with the subject applications. The applicant should clarify what perimeter fencing is plannedfor the development. Pennanent perimeter fencing should be constructed around the perimeter afthe development. · Chapter VII, Goat 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. The applicant has provided some of the largest lots in the development along the perimeter. The applicant is not proposing a landscape bl{ffer or fencing to screen any of the adjacent properties. · Chapter V, Goal I, Objective A, Action 2: Identify feasible interconnected greenbelt areas along waterways, railroad, etc. As mentioned above, the applicant is extending the multi-use pathway from Verona Subdivision. Once constructed the multi-use pathway will be continuous.from Saguaro Canyon near Meridian Road to Black Cat Road (eventually the pathway will traverse the entire city east to west, north of McMillan Road. · Chapter VI, Goal II: Facilitate the movement of people and products to and from the Meridian Impact Area. Stafffinds that the proposed street layout willfacilitate the movement a/people and products in this area. 8. ZONING ORDINANCE R. Zoning Schedule of Use Control: Meridian City Code 11-2-1lists single~family homes as pennitted uses in the R-4 zoning district, commercial/retail uses are generally permitted in the C-G district, and office type uses are generally permitted in the L-O district. However, MCC 12-6-1 requires planned developments to comply with the conditional use procedures set forth in MCC 11-17. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and VoltcrraAZ-05-039, CUP-05-041, PP-05-039, PP-05-040 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H6ARING,DATE OF NOVEMBER 9, 2005 public and private parks shall be pemlitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows fOT a maximum. of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. C-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 fulf111 the need of travel-related services as well as retail sales for the transient and pelmanent 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 clus.tering of commercial development. L~O Limited Office District: The purpose ofllie L-O district is to pennit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this district. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, street frontage, side yard setback, house size, and block length ofthe R~4 zone. Other than the requested modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. d. Specific Standards: MCC 12-6-7 requires each non-residential phase of a conceptual PD to obtain approval through a new application, fee and public hearing. Therefore, all future non- residential buildings within the Volterra PD shall be required to obtain detailed CUP approval prior to construction. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ~05~040): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and [mdings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on June 28, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance VolterraAZ-OS-039, cU{'-OS-041, PP-05-039, PP-05-040 PAGE 13 CITY Of MERfDIAN PLANNiNG DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 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. 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. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existin~ and future residential uses. and the requirement that each building within the L-O and C-G zoned areas obtain detailed CUP approval, staff believes that a Development Agreement is necessary to ensure that tbis pronerty is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby pronerties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the office and commercial lots near the McMillan Road/Ten Mile Road intersection and then continue along McMillan Road, then north, south and finally west. The applicant has asked for leniency in the phasing of the project. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 3S0tb residential lot (including Volterra and Volterra South), the 10.2 acre park (James Park) shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the water feature (fountain), and the tot lot. Further, prior to the City Council's approval of the 550lh residential lot (including Volterra and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. Construction of said park shall include the proposed plaza area and playground equipment. Non-Residential Buildings: Meridian City Code requires use exceptions to continue the arcbitectural, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. Further, City Code requires each non-residential phase of a planned development to obtain approval through a new CUP application, fee and public hearing. Therefore, staff recommends that the Development Agreement include a provision that requires all buildings within the L-O and C-G to zones contain architectural features and bulk building concepts that are similar to the residential buildings, as determined by the Commission at each CUP public hearing. 2. PP Application (Volterra, PP-05-039): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 5-foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the Volterra AZ-OS.039, CUP-05-041, PP-05-039, PP-05-040 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. In accordance with the recently passed ACHD planter width standards, the width of the planter strip between the sidewalk and the curb should.be increased to a minimum of 8-feet wide and include Class n trees. See Exhibit B below. Multi-use Pathway: In lieu of sidewalk, the applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along Malta Drive and Gondola Drive. The applicant is proposing to detach the pathway from the curb and construct it lO-feet wide from Ten Mile Road (where it comes out of Verona) to Black Cat Road. Staff is supportive of the proposal to construct the multi-use pathway as depicted, as long as street trees are placed between the pathway and the curb (see Detached Sidewalks above). See Exhibit B below. Micropaths: The applicant is proposing to construct several micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different neighborhood "pods". However, staff believes that an additional micropath should be provided in Block 37, generally between Lots 11 and 12. This micropath will break up a block that is approximately 1,500-feet long and provide additional connectivity between the subject development and the unplatted property to the north. All micropaths shall be constructed at least 5-feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20-foot wide landscape buffer is required between single-family homes (Class I) and L-Q zoned property (Class Ill). Meridian City Code 12-13-12-2 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 single-family homes and the office lots on the landscape plan, hut the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 20-foot wide landscape buffer on the plat along the L~O zoned lots that abut the single-family lots. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Landscape Street Buffers: Arterials: MCC 12-13-10-4 requires a 25-foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Black Cat Road, and at least 35-foot wide street buffers along McMillan Road and Ten Mile Road. The applicant should be required to depict the required street buffers on the face of the final plat, including adjacent to the office and conunercial10ts. Also, there is a 30-foot wide McMullen Lateral easement parallel to Ten Mile Road, just south of Malta Drive that is within the proposed landscape street bufffer. The submitted landscape plan shows trees - within this easement. The irrigation districts typically prohibit trees from being planted within their easements. Therefore, the landscape plan should be modified to reflect the required trees along the Ten Mile Road street buffer to be located outside of the easement. See Exhibit B below. Commercial Streets: MCC 12~13-10-4 requires a lO-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a IO-foot wide street buffer along both sides ofMBano Drive and Sangro Way. However, the street buffer easements are not labeled on the plat. The applicant Volterra AZ-OS-039, CUP-05-041, PP-05-039, PP-05-040 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF NOVEMBER 9, 2005 should be required to depict the required 10-foot wide street buffer easements along Sangro Way and Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive) on the face of the final plat. Ditches. Laterals. and Canals; There are several inigation laterals that bisect this parceL Per MCC 12-4-13, all iITigation 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 inigation facilities on the north side of McMillan Road. See Exhibit B below. 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the [mal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarify, at the public hearing, how fencing is going to be constructed in this development. A detailed fencing plan should be submitted upon application of the fma1 plat (MCC 12-4-10.F.3).lfpermanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines and/or are not allowed in the proposed zone~ all existing buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below. Cross~access: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portion of the subdivision to use the driveways and parking aisles. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the fmal plat, AND/OR in a document such as CCRs. See Exhibit B below. 3. PP Application (Volterra South, PPN05-040): The proposed preliminary plat substantially complies with the current Zoning Ordinance. Special Considerations: Stub Streets: The applicant is proposing one stub street to the west and one stub street to the south. Staff is supportive of the location and design of the proposed stub streets. However, there is an existing stub street to this property that was required with Drawbridge Subdivision to the south. The applicant is not proposing to extend this stub street into the site. To promote connectivity between the adjacent properties, the applicant should be required to extend Upriver Drive into this site from the south. Up River Drive should connect with the proposed Lesina Drive. See Exhibit B below. Volterra AZ-05-039, CUP-DS-041, PP-05-D39, PP-OS-040 PAGEJ6 CfTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF NOVEMBER 9, 2005 Cross-access: There are some commercial lots that do 110t have frontage on a public street. Instead the applicant is proposing to provide cross-access easements so the lots without frontage can access the public street system. Because several of the proposed lots do not have :Ii.ontage on a public street, the applicant should provide a cross parking/cross access agreement(s) for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the fmal plat, AND/OR in a document such as CCRs. See Exhibit B below. Detached Sidewalks futemal Streets; The applicant is proposing to construct 5-foot wide detached sidewalks on some of the internal streets. The sidewalks are detached from the curb with a 5~foot wide landscape strip. However, the proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. In accordance with the recently passed ACIID planter width standardsl the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class IT trees. See Landscape Street Buffers and Exhibit B below. McMillan Road: The applicant is proposing to construct detached sidewalks on the south side of McMillan Road. The proposed sidewalk is separated from McMillan Road by the Settlers Canal. This design is similar to those previously approved by the City and ACHD on the south side of McMillan Road, adjacent to the Settlers Canal (Bridgetower, Cayrnus Cove). The applicant will be required to grant ACHD a public pedestrian easement for this detached sidewalk. See Exhibit B below. Landscape Street Buffers Arterials: MCC 12-13-10-4 requires a 25-foot wide street buffer along classified arterial roadways. On the submitted landscape plan, the applicant is proposing to construct a landscape buffer along the south side of McMillan Road that is 95-feet wide and includes a 50-foot wide easement for the Settlers Canal. The applicant should be required to depict the required street buffer easements/lots ou the face of the final plat, including adjacent to the office and commercial lots, which is currently not shown on the plat. See Exhibit B below. Commercial Streets: MCC 12-13-10-4 requires a lO~foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10-foot wide street buffer along both sides of Sangro Way and Parma 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 Sangro Way and Parma Drive on the face of the final plat. Micropatbs; The applicant is proposing to construct two micropaths with this plat. Staff is supportive of the pedestrian connections between the different neighborhood "pods." All proposed micropaths shall be constructed at least 5-feet wide, with 5 feet of landscaping on each side ofthe path (MCC 12-13-15-3). See Exhibit B below. Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20-foot wide landscape buffer is required between single~family homes (Class I) and L-O zoned property (Class lll). Meridian City Code 12.13-12-2 requires the land use buffer to be provided by the higher intensity Volterra AZ-OS-039, CUP-OS-041, PP-05-039, PP-OS-040 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING,OATE OF NOVEMBER 9,2005 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.foat wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat The applil>ant should be required to graphically depict a 20-foot wide landscape buffer along the west side of the L-O zoned Jots that abut the single-family lots. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this parcel. Per MCC 12.4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to relocate and leave open the White Drain, between Ten Mile Road and McMillan Road, as well as the Settlers Canal, which runs along the south side of McMillan Road. Staff has talked with Nathan Draper at Settlers Irrigation District and it is preferable to them that the applicant leave the White Drain open so that groundwater can get to the facility. Also, the City Council has regularly granted waivers of the requirement to tile the Settlers Canal. The Settlers Canal is a major facility. and it would at least take a 48- inch pipe to contain it. For the reasons listed above, staff recommends that, except for the White Drain and the Settlers Canal, all irrigation ditches, laterals and canals be tiled. See Fencing and Exhibit B below. Pressure Jrri!!ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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 MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submitted plans. Staff recommends that the applicant clarifY, at the public hearing, how fencing is going to be constructed in this development. Staff is particularly concerned with fencing adjacent to the White Drain and the Settlers Canal, as the applicant is proposing to leave both of these waterways open (see Ditches, Laterals, and Canals above). To provide for both protection of the waterways and citizens, staff recommends that a 6-foot tall see-through, non-climbable fence be installed along both sides of the White Drain and along the south side of the Settlers Canal (between the sidewalk and the top of bank). This requirement will allow the future residents to enjoy the water features, yet discourage them from entering into them, A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4- _ IO.F3). If permanent fencing is not provided around the perimeter of the development, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines and/or are not allowed in the proposed zone, all existing buildings shall be removed prior to signature of the flnal plat by the City Engineer. See Exhibit B below. Volterra AZ-05-039, CUP-05-041, PP-05-039, PP-05-040 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF NOVEMBER 9, 2005 Patio Home Lots: The applicant is proposing 54 patio home (zero lot line) lots within Volterra South Subdivision. Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5, are all planned for attached lots. Staffis support of this proposal. A note should be placed on the fmal plat that references CUP-05-04 i and the allowance for a O-foot side setback on the attached patio home lots. 4. CUP Application (CUP-OS-041): The proposed preliminary plat substantially complies with the current Zoning Ordinance. Special Considerations: Requested Modifications: The applicant is requesting, through the Planned Development Ordinance, several modifications to the standard requirem.ents of Meridian City Code and the R4 zone. The most significant and uncommon modification being requested has to do with the use exception request. The applicant is requesting to zone over 17% of the site for non-residential uses. The applicant is proposing to zone 19.3 acres to L-O (Limited Office) for office uses and 35.2 acres for general retail and service commercial uses (C-G zoning). Staff is supportive of this use exception request as the non-residential and residential land uses are integrated well and the application generaUy complies with the Zoning Ordinance and the Comprehensive Plan (see Exhibit 0 for detailed analysis). The applicant is also requesting approval to modify the minimum lot size in this development from the 8,000 square-feet typically required to 5,000 square~feet. There are 144 lots (20%) that are proposed below the 8,000 square-foot minimum requirement. The applicant is also requesting a modification to the minimum house size of the R-4 zone, from 1,400 square-feet to 1,200 square feet for the patio homes (the detached homes will meet the 1,400 square-foot minimum). The applicant is also requesting a O-foot side setback for the attached patio homes. There are 54 patio homes/lots being proposed on Lots 6-] 9 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5. The applicant is seeking a modification to the standard frontage requirement of the R4 zone, which is 80 feet. There are several lots that have less than 80-feet of frontage; the applicant is requesting that frontage be reduced to 41- feet (straight-aways) and 35-feet (measured on a chord) for cul-de-sac lots and lots on a curve. The applicant is also requesting a modification to the maximum block length, which is currently 1,000 feet. Staff is supportive of all the requested modifications as they allow for variety in the lot sizes and housing types within the development. See Exhibit B below. Amenities: The applicant is proposing several amenities for this development. The applicant is proposing to set aside 39 acres for open space (including street buffers). The useable open space i.s 25 acres (8.5 % ofthe site); only 5% open space is required. Other amenities include a 10.2-acre park (to be owned and maintained by the HOA and not the City) centrally located in the development. The park includes a swimming pool and restrooms, a tot lot area, and a water feature. The applicant is also proposing to construct a 10~foot wide multi-use pathway throughout the development and micropaths that link the different blocks to each other. A 3-acre park is proposed on the south side of McMillan Road that also includes a tot lot area and a plaza space. See Exhibit B below. Elevations: The applicant has not submitted any elevations forihe single-family detached or attached homes. The applicant does state that the home elevations will be similar to those in Bridgetower Crossing Subdivision. As part of the application submittal, the City requires that elevations and a construction materials list be Volterra AZ-05-039, CUP-05-041, PP-05-039, PP.05.040 PAGE 19 CITY OF MERmrAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEAR!NG DATE OF NOVEM"BER 9,2005 submitted for buildings within a PD. Staff recommends that the applicant bring elevations to the Planning & Zoning Commission hearing. 10 cogies of sample elevations f91" the attached and detached homes be submitted to the City Clerks office. See Exhibit B below. b. Staff Recommendation: Staff recommends approval of AZ-05-040. PP-05-039, PP-05- 040. and CUP-05-041 for Volterra Subdivision and Volterra South Subdivision. based on the Findines of Fact as listed in Exhibit D and sub~ect to the conditions of approval as listed in Exhibit B as attached to this report. c. Other: The Comprehensive Plan designates a future school site within this section. It is staff's understanding that the Meridian School District has plans for an elementary and middle school to share a campus in this section. The applicant has indicated on the application that the School District has not specified the need for a school in this area. However, as of the print deadline for this report the Meridian School District had not acquired a school site in this section. The available land for a school site is rapidly disappearing in this area. Staff recommends that the Commission and Council rely on any comments received from the Meridian School District regarding approval of the subject development without a school site, when detennining if the proposed development is in the best interest of the City. 10. PROPOSED MOTION Approve I move to approval File Nwnbers AZ~05-040, PP~05-039, PP~05-040 and CUP-05-041 as presented in staff report for the hearing date of November 9, 2005 and the preliminary plats dated July 13,2005 and July 21, 2005, the site plan dated JWle 27,2005 with the following modifications to the conditions of approval: (add any proposed modifications) Deny 1 move to deny File Numbers AZ-05~040, PP-05~039. PP/05-040, and CUP-05-041 for the following Teasons~ (you should state specific reasons for denial of the annexation; you must state specific reasons for denial of the CUP and preliminary plates). They should address how the applicant might re-do the application to gain your recommendation for approva1.) 11. EXHIBITS A. DJ:awings 1. Volterra Preliminary Plat (dated: 07/21/05) 2. Volterra South Preliminary Plat (dated: 07/13/05) 3. CUP Site Plan (dated: 06/27/05) 4. Landscape Plan (dated: 06/21/05) B. Conditions of Approval 1, Planning Department 2. Public Works Department 3. Fire Department 4. Police Departmentf 5, Parks Department 6. Sanitary Service Company Volterra AZ-05-039, CUP.05-041, PP-05-039. PP-05-040 PAGE 20 CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 7. Ada County Highway District 8. Settlers' Irrigation District C. Legal Description D, Required Findings from Zoning Ordinance 00___--:.-______..1. Annexation i-l'l'el!minary Plat (Volterra) ~, 3. Prelimlnary..P!at (Volterra South) 4. Conditional U;e Permit. o. S. Planned Development .~-~ ~~ o ~o -...------.--- ---.:...--- - ---- ....--. 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I .... -:~= = -,.- . \ -<f,"= k ...:..... ..: :d-,"{/)! .. 1'-'11/]"'1:1 i I (->0;- - ~:-' .' ~"f ~ ~;-'.:,~n:I;I;: j' I, el, ~J ~ l,.:.d, ' : f': J 'I, L . ;;. :'::'jlf! !j:' , -_I 1 G' I f'l . ; - -~ ~.:dL,l,: --. 1 Exhibit A - Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. ;;!005 ~'l .~ ~td I 1,,_. -,. -............. _.~ ,.---- .=-' I ~. :r' -::::--. I'==i' '\ ~~ I 1\. . \ ? ~n IH~~ r. I I;; '/ k ' I; ~E . ._ .._. ~ ..LJ l _ ._.. .. -, ..,. -- "=- ,.~~:. :., .- , . ; , . : \ ..~ . , I ~. . , ,; : -I I I . I. " l.~)) . . I . I I ;-c ~- i;- " . It.. -.it t<.. . . ". . '. ._...._--~..". -'-+ Exhibit A - Page 14 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DAlE OF NOVEMBER 9, 2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (VOLTERRA, PP-05-039) 1.1.1 The preliminary plat labeled as Sheets 1,2 and 3 prepared by Engineering Solutions, LLP, dated July 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-05-040) and Conditional Use Permit (CUP-05-041) applications shall also be considered conditions of the Preliminary Plat (pP-OS-039). 1.1.2 The planter strip between the curb and the near edge of the sidewalk, or multi-use pathway, along all the internal streets with detached walks shall be a minimum of 8-feet wide and include Class II trees. 1.1.3 Construct a la-foot wide multi-use pathway along Malta Drive and Gondola Drive, from Ten Mile Road to Black Cat Road, as proposed. Class II street trees shall be placed between the multi- use pathway and the curb of the adjacent street (see Conditions 1.1.2 above). 1.1.4 In addition to the pedestrian connections proposed, construct a micropath in Block 37, generally between Lots 11 and 12. All micropaths shall be constructed at least 5-feet wide and include 5- feet of landscaping on each side of the pavement. 1,1.5 Graphically depict a 20-foot wide landscape buffer easement along the L-O zoned lots that abut single-family lots. Said buffer area shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways, 1.1.6 Depict, on the face of the plat, at least a 25-foot wide landscape buffer along Black Cat Road, Ten Mile Road, and McMillan Road. Depict on the face of the fmal plat a 10-foot wide landscape buffer along both sides ofSangro Way, Milano Drive, and Gondola Drive (from Sangro Way to Divide Creek Drive). Said landscape buffers shall he in a common lot within the R-4 zones and may be in either a common lot or an easement adjacent to the L-O and C-O zoned lots. 1.1.7 The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS-O, LS-l, LS-2, LS-3, LS-4, LS-5, and LS-6, is approved with the following change(s): · Construct the required trees along McMillan Road, that are currently proposed within the McMullen Later Easement, to be outside of the irrigation district's easement. · Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.8 Maintenance of all common areas shall be the responsibility of the Volterra Subdivision Homeowners' or Business' Owners Association(s). 1.1.9 The feBcmg req1.1if\ements fOr micr-Cl paths nnd intefl6f' open spaces (not linear open spaces) :shall be limited to either 4 feet tall solid or 6 foot tall afJoo yisioa- EQur-foot tall solid fencinl!. with two.feet of lattice on ton.1Q8V be constructed adjacent to interior open soaces and fl}icro- paths. 1.1.10 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. Ex.hibit B - Page 1 CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF NOVEMBER 9, 2005 1.1.11 Provide cross access/cross parking agreement(s) for all ofllie L-O and C-G lots to use the ACHD approved driveways and parking aisles as access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the fmal plat, AND/OR in a document such as CCR's. . 1.1.12 Other than the accesses approved by ACHD, access to Ten Mile Road, McMillan Road and Black Cat Road is prohibited. A note shall be placed on the fmal plat restricting access to Ten Mile Road, McMillan Road and Black Cat Road. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12- 13~14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staffhas reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACED, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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 pemrit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural watelways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.1B SITE SPECIFIC REQUIREMENT8-PRELThlINARY PLAT (VOLTERRA SOUTH, PP-05- 040) L1.1B The preliminary plat labeled as Sheet 1 prepared by Engineering Solutions, LLP, dated July 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF NOVEMBER 9, 2005 accompanying Annexation and Zoning (AZ-05-04Q) and Conditional Use Permit (CUPM05-04l) applications shall also be considered conditions of the Preliminary Plat (pP~05-040). 1.1.2B The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached walks shall be a minimum of 8~feet wide and include Class IT trees. 1.1.3B In addition to tho stub streets proposea, ~a0fl:d Provide a pedestrian connection into this site from Upriver Drive 4rom in Drawbridge Subdivision into this site from the south. 1, lAB Graphically depict a 20-foot wide landscape buffer easement along the west side of the L-Q zoned lots that abut single-family lots. Said buffer area shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. l.1.5B Depict, on the face of the plat, at least a 25~foot wide landscape buffer easement or lot along Ten Mile Road and McMillan Road. Depict on the face of the final plat a 10-foot wide landscape buffer easement adjacent to the commercial portions of Sangro Way and Parma Drive. Said landscape buffers shall be in a common lot within the R -4 zones and may be in either a common lot or an easement adjacent to the L~O and C-G zoned lots. 1.1.6B The landscape plan prepared by Harvest Design, P.C., labeled Sheets LS-O, LS-l, LS-2, LS-3, L8-4, LS-5, and L8.6, is approved with the following change{s): · Construct the sidewalk on McMillan Road on the south side of the Settlers Canal. Comply with ACHD's requirements for construction and easements. · Only Class IT tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. · All micropaths shall be constructed at least 5-feet wide and include 5-feet of landscaping on each side of the pavement. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed herein, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.7B Maintenance of all common areas shall be the responsibility of the Volterra South Subdivision Homeowners' or Business' Owners Association(s). 1.I.8B The afll31i.-efNtt shall co~t a 6 f~ot tall epetl ':lEHOn, non slim.bable fenco along both sides of the 'Nhite Drai:n8fl<:l along the BOUth side efthe Settlers Canal. Four~fo9t tall solid fencing:. with two-feet of lattice on too. mav be constructed adiacent to interior ODen SDaces and nllcro- Daths. 1.1.9B Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. l.1.10B Provide cross access/cross parking agreement(s) for all of the L-O and C-G lots to use the ACHD approved driveways and parking aisles as access to the public street system. Maintenance of the aisle 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. l.1.11B Other than the accesses approved by ACBD, access to Ten Mile Road and McMillan Road is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road and McMillan Road. LL12B All irrigation ditches, laterals or canals, exclusive of natural watetways, the Vlhite Drain and the Settlers Canal, intersecting, crossing or lying adj acent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage Exhibit B - Page 3 CITY Of MERIDiAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING bATE Of NOVEMBER 9,2005 district, or lateral users association (ditch owners), wJth written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer-prior to final plat signature. 1.1.13.8 Provide a stub street to the 5~acre parcel to the south (Parcel #80434142354) from Lesioa Drive. 1.2.B GENERAL REQUlREMENTS-PRELIMINARY PLAT 1.2.1B Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2B All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminaty 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 carolOt be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of fmal construction. l.2.3B 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. I.2AB Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5B Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.6B Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-05~041) 1.3.1 The site plan prepared by Engineering Solutions, LLP. dated June 27, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ-OS-040) and Preliminary Plats (pP-05-039 and PP~OS-040) as a condition of the Conditional Use Pennit (CUP-05-041). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: . Lot Size - 5,000 sq. ft. (miniIDum)(attached) 7,000 sq. ft.(rninimum)(detached) . Lot Frontage - 41 feet (minimum)(on straight~away) 35 feet (minimum)(chord length on a cul-de~sac or curve) Exhibit B - Page 4 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 . House Size -1,200 sq. ft. (minimum)(attached patio home) · Residential Building Setbacks - The following lots may have a O-foot side setback on one side: Lots 6-19 & 21-32, Block 3, Lots 2-13, Block 4, and Lots 2-17, Block 5. 1.3.3 As amenities for the subject planned development, construct: a IO-foot wide asphalt pathway from Black Cat Road to Ten Mile Road; set aside ~ ~acres 03.9 acres in Volterra North and 10.5 acres in Volterra South) for common useable open space (39 acres including street buffers); construct a pool with restrooms and changing areas, a water feature, and tot-lot play area within the lO.2-acre private park on Lot 11, Block 21; and a 2.97-acre private park with a tot lot and plaza area on the south side of McMillan Road. 1.3.4 Construction within Volterra Subdivision and Volterra South Subdivision shall substantially comply with the elevations submitted by the applicant at the Planning & Zoning Commission meeting. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 1.3.5 Provide erass and other landscaoine within the White Drain easement. as allowed bv Settlers' IrrilJstion District throueh a license al!reement. 2. Public Works Department Site Specific Comments for Volterra Subdivision 2.1 A majority of this development is not cun-ently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of land shown to be sewered by the master sewer plan from the Ten Mile Trunk. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work's director's discretion, No substandard grades shall be allowed, nor artificial fill designed to increase sewer expansion. 2.2 At such time as tbis development is serviceable by the City of Meridian's sewer system, the applicant will be responsible to construct mains to and through this development, coordinate main size and routing with the Publi.c Works Department. The applicant shall execute standard fanns of easement for any mains that are required to provide service. 2.3 No "temporary" or "interim" lift stations shall be allowed in this development. 2.4 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.5 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Exhibit B - Page 5 CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 Homeowners Association, a draft copy of thf;l operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the fmal plat of the last phase by the City Engineer. 2.6 The City of Meridian requires that pressurized irrigation systems he supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.7 Water service to this site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with dle Public Works Department. Applicant to execute City of Meridian standard forms of easements for any mains that are required to provide service. 2.8 This development is on the west side of Ten Mile Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are necessary to protect this boundat)'. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Seada system. Coordinate location and number with Len Grady at the Public Works Department 2.9 Provide a 201 easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x- 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.1 0 No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.11 As each conunercial and office lot develop a drainage plan designed by a State ofIdaho 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 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. 2.12 The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant - shall move all off street drainage ponds into common lots/non-buildable lots, or submit written approval from ACHD that they accept the location, This shall be done prior to signature of the City Engineer on the final plat. 2.13 Vacate any recorded existing drainage or irrigation easement of facilities that are being relocated or abandoned. 1ms includes hut is not limited to the McMullen. If they are proscriptive, they need not be vacated, However, if they are a recorded easement, the applicant will agree to vacate them. Exhibit B - Page 6 CrTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING, DATE OJ' NOVEMBER 9, 2005 2.14 Verify that the urmamed ditches that are shown as being abandoned, do not serve any downstream users. If these ditches are still being used, the applicant shall pipe these facilities or maintain them as per state law. 2.15 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along the collector streets. There needs to be 10-feet of free and clear easement beyond the three-feet of sidewalk that encroaches out of the right-of-way. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. 1 7 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, waterj 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 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 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 AU grading of the site shall be performed in conformance with MCC 11 ~ 12-3H. 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 fin material. 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 i-foot above. Site Specific Comments Volterra South Subdivision 2B.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is Exhibit B - Page 7 CITY OF MERIDIAN PLANNING D8PARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 early 2008. If this development is approvedl it shall be subject to the North Black Cat sewer system being available. The applicant shall be able to gravity the portion of land shown to be sewered by the master sewer plan from the Ten Mile Trunk. Any land that can gravity passed that line shall be modeled at the developer's expense and, then, may be sewered only at the Public Work's director's discretion. No substandard grades shall be allowed, nor artificial fill designed to increase sewer expansion. 2B.2 At such time as this development is serviceable by the City of Meridian's sewer system, the applicant will he responsible to construct mains to and through this development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard forms of easement for any mains that are required to provide service. 2B.3 No "temporary" or "interim" lift stations shall be allowed in this development. 2B.4 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the fmal plat of the last phase by the City Engineer. 2B.5 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 municipal water system shall be required. If a single~pojnt connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2B.6 Water service to this site is being proposed via extension of existing mains in Ten Mile Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant to execute City of Meridian standard fonus of easements for any mains that are required to provide service. 28.7 This development is on the west side of Ten Mile Road which will be a future boundary for a water pressure zone. The applicant shall be responsible for the installation of any Pressure Reducing VauIt' s that are necessary to protect this boundary. Each Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's Scada system. Coordinate location and number with Len Grady at the Public Works Department. 2B.8 Provide a 20' easement for aU public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 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. 2B.9 No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2B.lO As each commercial and office lot develop a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shaH be designed in Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2B.11 The preliminary plat depicts drainage ponds being constructed on buildable lots. The applicant shall move all off street drainage ponds into common lots/non-buildable lots, or submit written approval from ACHD that they accept the location. This shall be done prior to signature of the City Engineer on the final plat. 2B.12 Vacate any recorded existing drainage or irrigation easements of facilities that are being relocated or abandoned. This includes but is not limited to the White Drain. 2B.13 Dedicate additional width to the Public Utilities, Drainage, and Irrigation easement along the collector streets. There needs to be lO-feet of free and clear easement beyond the three~feet of sidewalk that encroaches out of the right-of-way. 2B.14 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2B.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. 2B.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2B.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fInal plat per Resolution 02~374. 2B.l8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2B.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2B.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2B.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2B.22 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2B.23 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit B - Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 2B.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3~feet above the highest established peak groundwater elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least l~foot above. 2R25 Any existing domestic well and/or septic systems within tIus 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 with approval for Idaho Deprutment of Water Resources, 3. Meridian 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' 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 (see Comment I in Section 3), B. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shaH have the curb painted red 10' to each side of the hydrant location, as clarified by the Fire Department. e. Fire Hydrants shall he placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the !Fe Section 509.5. 3.4 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn aroWld. 3.5 All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane", as clarified by the Fire DepartmenUnsure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Operational fire hydrants, tempormy or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Exhibit B - Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFf" REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 3.11 Conunercial and office occupancies will require a fll'e.flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.1 2 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 Maintain a separation of 5' from the building to the dwnpster enclosure. 3.14 Provide a Knoxbox entry system for the complex prior to occupancy. 3.15 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.16 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Interna.tional Fire Code. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 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 IOute arotUld the exterior of the facility or building, OlHite 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). 3.19 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). Buildings Over 30' in height are required to have access roads in accordance with Appendix D Section D 105. 3.20 Pool chemicals shall be stored in compliance with the International Fire Code. 4. Police Department 4.1 The proposed plat andlor 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 Gondola and Malta. 4.2 The pedestrian access to the proposed clubhouse is not well-defmed. The applicant shalJ submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Any interior fencing shall allow visibility from the street or shaU not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Pathway and Trail standards: Pathways and trails to be constructed as directed by the Parks Department. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must COMect 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. 5.3 Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed Exhibit B - Page 11 CITY OF MERTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 on a case-by-case basis. The City may choose to maintain neighborhood parks at: an acreage of seven acres or larger. It will be the responsibility of private homeowner groups Or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. It the applicant intends for the City to operate and maintain the 10 acre park, then the design standards of the City must be met 6. Sanitary Service Company 6.1 Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway .District Volterra Subdivision 7, 1 Do not dedicate any additional right-of-way on McMillan Road, but construct a 5-foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along McMillan Road. 7.2 Construct a 36-foot wide (maximum) curb return type driveway (full access) that intersects McMillan Road approximately 380~feet west ofTen Mile Road and aligns with a driveway that is proposed with the Volterra Subdivision South application, as proposed. 7.3 For the first 175~feet, dedicate by donation a total of 50-feet ofright-oi-way from the centerline along Ten Mile Road1 and construct a 5-foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along Ten Mile Road. At 175~feet north of McMillan Road, taper the right-ai-way at a 10 to 1 ratio to 38~feet of right-of-way from the centerline ofTen Mile Road. 7.4 Construct a main entrance roadway (West Milano Drive) to intersect Ten Mile Road approximately 830-feet north of McMillan Road to align with the main entrance roadway to Verona Subdivision, as proposed. 7.5 Construct a main entrance roadway (yVest Malta Drive) to intersect Ten Mile Road approximately 140"feet south of the north property line to align with the main entrance roadway to Verona Subdivision, as proposed. 7.6 Construct a 36-foot wide (maximum) curb return type driveway (full access) that intersects Ten Mile Road approximately 430.feet north of McMillan Road to align with a driveway that was previously approved with Bridgetower Subdivision, as proposed. 7.7 Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline ofthe right"of-waY1 as proposed. 7.8 Construct a main entrance roadway (West Gondola Drive) that intersects Black Cat Road approximately 40- feet sou.th of the north property line, as proposed. 7.9 Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet afright-of-way, as proposed. 7.10 Construct North San Vito Way, West Gondola Drive and West Malta Drive as standard residential collectors with 36-foot street sections that include vertical curb, gutter and 5-foot detached concrete sidewalks within 50-feet of right-of-way, as proposed. Comply with the District's Tree Planter Width Interim Policy. 7.11 Construct West Milano Drive and North Sanoro Way (from Milano Drive to West Divide Creek Drive) as 40-foot street sections with vertical curb, gutter and 5-foot attached (or detached) Exhibit B - Page 12 CITY OF MERlOIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARINQ DATE OF NOVEMBER 9,2005 concrete sidewalks within 54-feet of right-of-way. Comply with the District's Tree Planter Width futerim Policy. 7.12 Construct a stub street (West Wapoot Street) to the west property line approximately 1,lOO-feet north of McMillan Road. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 7.13 Construct a stub street (North Napoli Avenue) to the south property line approximately 1, 750-feet east of Black Cat Road. Install a sign at the terminus of the roadway that states, "tbis roadway will be extended in the future." 7.14 Construct a stub street to the north property line approximately 330-feet east of Black Cat Road. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 7.15 Extend five stub streets from the north property line into the site from Bainbridge Subdivision, as proposed. 7.16 When the conunercial and office lots develop in the future, construct the driveways to be a maximum of 36-feet in width and be located a minimum of 50-feet from any street intersection. 7.17 Construct three cul-de-sac turnarounds within the subdivision (two with center islands), as proposed. Construct the turnarounds to provide a minimum of turning radius of 45-feet and to provide a minimum street section of 29-feet on either side of the islands (if an island is proposed within the turnaround). Construct the islands within the turnaround to be a minimum of 4-feet in width and be a minimum of 100-square feet in area. 7.18 Construct one knuckle with a center island within the subdivision, as proposed. Construct the knuckle to provide a minimum street section of 29-feet on either side of the islands and to be 4- feet in width and be a minimum. of lOO-square feet in area. 7.19 Construct center islands within West Milano Drive, North Coloone Way, West Divide Creek Drive, West Malta Drive, North San Marco Way, North Grrosolo Avenue, West Gondola Drive and North Buzzini Avenue, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of lOO-square feet and to maintain a minimum of a 21-foot street section on either side of the island. 7.20 Construct a northbound left-turn bay on Ten Mile Road at the West Malta Drive/Ten Mile Road intersection, 7.21 Construct a northbound left-turn bay on Ten Mile Road at the Milano DrivetTen Mile Road intersection. 7.22 Construct a southbound right-turn bay on Ten Mile Road at the West Milano DrivefTen Mile Road intersection. 7.23 Construct a southbound right-turn bay on Ten Mile Road for the commercial driveway that intersects Ten Mile Road. 7.24 Construct an eastbound lefHum bay on McMillan Road at the North San Vito Wayl McMillan Road intersection. 7.25 Construct an eastbound left-turn bay on McMillan Road at the North Sangoro AvenuelMcMillan Road intersection. 7.26 Construct a southbound left-turn bay on Black Cat Road at the West Gondola DriveJBlack Cat Road Intersection. Exhibit B - Page 13 CiTY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER, 9, 2005 7.27 Other than the access points that have specifically been approved with this application, direct lot access to Ten Mile Road. Black Cat Road and McMillan Road is prohibited. A note will be required on the final plat stating the access restrictions. 7.28 Comply with all Standard Conditions of Approval. 7.29 Any existing irrigation facilities shall be relocated outside of the right-oi-way. 7.30 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.31 Replace any existing damaged curb, gutter 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. 7.32 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. 7.33 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 ofIdaho shall prepare and certifY all improvement plans. 7,34 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.35 Construction. use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.36 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.37 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to 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. 7.38 No change in the terms and conditions oftms 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. 7.39 Any change by the applicant in the planned use ofthe property which is the subject oftbis 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. V oltena South Subdivision 7.1 For the first 175-feet, dedicate by donation a total of 37-feet from the centerline of McMillan Road (an additional12-feet of right-of-way), and construct a 5-foot wide (minimum) concrete sidewalk within the landscape buffer (with an easement granted to the District) along McMillan Exhibit B - Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 Road. At 175-feet west ofTen Mile Road, taper the right-of~way at a 10 to 1 ratio to 25-feet of right-of~way from the centerline of McMillan Road, 7.2 Construct a main entrance roadway (North Sanoro Way) that intersects McMillan Road approximately 830-feet west ofTen Mile Road and aligns with the main entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. 7.3 Construct a main entrance roadway (North San Vito Way) that intersects McMillan Road approximately 750- feet east of the west property line and aligns with the main entrance roadway that is proposed to be constructed with Volterra Subdivision, as proposed. 7.4 Construct a 36~foot wide curb return type driveway (full access) that intersects McMillan Road approximately 380-feet west of Ten Mile Road to align with a driveway that is proposed with V olterra Subdivision. 7.5 For the first 175~feet, dedicate by donation a total of 48-feet of right-of-way along McMillan Road, and construct a minimum 5~foot wide concrete sidewalk along Ten Mile Road, located a within the landscape buffer (with an easement provided to the District for the sidewalk). At 175- feet south of McMillan Road, taper the right-of~way at a 10 to ] ratio to 38-feet of right-of-way from the centerline ofTen Mile Road. 7.6 Construct a main entrance roadway (East Parma Drive) that intersects Ten Mile Road approximately 350-feet north of the south property line, as proposed. 7.7 Construct a 36-foot wide curb return type driveway (full access) that intersects Ten Mile Road approximately 430-feet south of McMillan Road and aligns with West Quintale Drive, as proposed. 7.8 Construct the internal residential streets as 36-foot street sections with rolled curb, gutter and 5- foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 7,9 Construct North San Vito Avenue as standard residential collector with vertical curb, gutter and 5~foot detached concrete sidewalks within 50~feet of right-of-way. Parking will be prohibited and no access will be provided to this street. Comply with the District's Tree Planter Width Interim Po licy. 7.10 Construct N0l1h Sanoro Way as a 40-foot street section with vertical curb, gutter and 5-foot attached (or detached) concrete sidewalks within 54-feet of right-of-way. Comply with the District's Tree Planter Width Interim Policy. 7.11 Construct a stub street (North Girasolo Avenue) to the south property line approximately 450-feet east of the west property line, as proposed. 7.12 Construct a stub street (East Pescara Street) to the west property line approximately 900-feet north ofthe south property line, as proposed. 7.13 When the commercial and office lots develop in the future, construct the driveways to be a maximum of 36-feet in width and be located a minimum of 50-feet from any screet intersection. 7.14 Construct one cul-de-sac turnaround with a center island within the subdivision, as proposed, Construct the turnaround to provide a minimum ofturning radius of 45-feet and provide a minimum street section of 29-feet on either side of the islands. Design the island within the nunaround to be constructed a minimum of 4-feet in width and be a minimrun of lOO-square feet in area. 7.15 Construct three knuckles with center islands within the subdivision, as proposed. Design the knuckles to provide a minimum street section of 29-feet on either side of the islands and to be a minimum of 4-feet in width and be a minimum of lOO-square feet in area. Exhibit B - Page 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNGDATE OF NOVEMBER 9, 2005 7.16 Construct islands within Nortb San Vito Avenue and North Sanoro Way, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of lOO-square feet and maintain a minimum of a 21- foot street section on either side of the island. 7.17 Construct a westbound left-turn bay on McMillan Road at the North San Vito Way/ McMillan Road intersection. 7.18 Construct a westbound left-turn bay on McMillan Road at the North Sangoro Avenue/McMillan Road intersection. 7.19 Other than the access points that have specifically been approved with this application, direct lot access to Ten Mile Road and McMillan Road is prohibited. 7.20 Comply with all Standard Conditions of Approval. 7.21 Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 7.22 AU utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.23 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.24 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387~6258 (with :file numbers) for details. 7.25 All design and construction shall be in accordance with the Ada County Highway 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 ofIdaho shall prepare and certify all improvement plans. 7.26 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. 7.27 Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.29 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. 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. 7.30 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 confInnation of any change from the Ada County Highway District. 7.31 Any change by the applicant in the planned use of the property which is the subject oftbis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B - Page J 6 ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.1 All inigation/drainage facilities along with their easements must be protected and continue to function, The facilities involved are Settlers Canal (50' eascmcnt), White Drain (60' easement), Coleman Lateral (30' easement), Scrivner Lateral (20' easement), and the Beach Lateral (20' easement). Contact SID for additional requirements. 8,2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to a1110ts 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 17 CITY OF MER1DLAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9, 2005 C. Legal Description June 21. 2005 VOLTERRA SUBDIVISION A parcel af land located in the N }$ of the NE ~ of Section 34 and the S !i1 of Section 27. T. 4N., R. 1W., B.M., Ada County, Idaho. more particulartydescriood as follows: Commencing at the carner common to Sections 26. 35. and the ~id Sections 27 & 34, from which the 1A corner common to said Sections 27 and 34 bears North 88D55'55~ West. 2654.!?7 feat. said point being the REAl POiNT OF BEGINNING. Thence $Iong the east line of the NE ~ of said SeCtion 34 SQlJth 00"53'19" West. 1315.58 feet to the southaast comer of the N % of said NE *; Thence along the south line of said N % of the NE y.j North 89"05'58" West. 2651.08 feet to the southeast oomer of said N % of the NE ~; Thence along the weslline of said N Yz of the NE ~ North 00.<<'17" East, 1323.35 feet to the y.. cotner common to said Sections 34 and 27; Thence along the west line of the SE ~ of said Section 27 North OQQ29'09" East, 644.81 feet to the southeast comer ofLat 7. Block 2 of Black Cat Estates No. 2: Subdivision, as same Is recorded in Book 32 of plat$ at Page 1945, reco<<ts of Ada County, Idaho; Thence along the east line of said Lot 7 North 00"20'12- East, 660.00 feet to the northeast comer of said stack Cat Estate$ No. 2 SubdivisIOn; Thence along the north line of said Black Cat Estates No. 2 Subdivision. North 89017'29" West, 1261_91 feet: Thence North 12"47'25' West, 206,21 feet: ThMCe North 88"10'44" West. 896.71 feet; Thence North 50"51'04" West, 89.06 feet; Thence North 34"20.48" West. 79.64 feet; Thence North 19D35'01" West, 111.55 feet; Thence North 89"34'24" West, 291.92 fefJt to a point on the West line of said Section ~ APPR(J~ !{y .. ~ ..'!7 iJ--...J ..- .~Uh U' 2oU5 MERIDIA.N PUBLIC WOflKS DEP7. 27: Thence along said tine North 00<>31'40" East, 877.06 feet to the West 1/4 corner of said Section 27; The~ along the East-West mid-section line of said Section 27 South 69"19'43" East, 2649.64 foot to the Center of said Section 27; -l{}'102140402-pfO,de4.doc -.. '->'- ., ..' ...~ --q .' . ,---~....-~-,-' . , ......... , . Exhibit C - Page 1 CITY OF MERlDr,-\'N PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARINO,DATG OF NOVEMBER 9,2005 Thence South ago20'38~ East 2650 99 f Th . . eet to the East 1/4 comer of said Section 27- ence South 000:21 '48~ W ' Containing 312.67 acres, more or :~~644.37 feet to the POINT OF 6EGINNfNG. 4040Z/40402-pfC.dts.doc .~.~___c__ " Exhibit C - Page 2 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF NOVEMBER 9.2005 rUt 05 2005 lO=60nM"En~~ne~ri"~ solutions ~oa S39 05"11 p. .I June 21, 2005 PROPOSED L-Q ZONe VOLTERRA SUBDlVtSlON Parcels of land located In th& NE U. of the NE ~ of Sedlon 34 and the SE. ~ of the SE 'h of SectiOn 27, T. 4N" R. 1W., B.M.. Ada County, Idahol more particularty desClibed as follows: PARCEL A ^ parcel of land loCated in tl1e NE ~ of the NE '!4 of s.ald Section 34. more particularly described ae follows; , eomtn$l1clng at tha comer c:ommon to S&ct.ions 26. 35, and the saId Saqtion$ 27 & 34, from wh~h the % comer COlT\tl'lQO to $Sid Sections 27 and 34 bears North sa-55'65" West, 2654,57 feet. thence along the east line of said Section.34 South 00-53'19a West. 920.35 feet to the REAL POINT OF BEGINNING; Thence continuing along saId east line South oo-53'19R West. 395.23 teet to the southuast corner of 1ha NE 1h of the NE % of saId Section 34; ThGnee along tha south /inEt:Of said NE y.; of the NE Voi North 89"05'58. West. 482.56 reet; Tnonce North 00"52'09" East. 403.38 feet to a point on Q curve; ThGnOe 90.48 f@at along the arc of a non-tangent curve: to the left. said curve having a radius of 500.00 feet, a delta angle of 10"22'06', end e long chc:Ird bearing South 83"55'02~ East, 90.36 foel to a pelnt lit tangency; ThtJnce South 89"00'00" East. 392.13 fe9t 10 the POINT Of BEGtNNING. Cantafnlng 4.38 acres, mora or leas. PARCEL B A paroel of land located In the SE 14 of the SE 'l4 of said Section 27. more particutady described;as fnIIows: Commencing at the comer common to Secllona 26, 35, Md the Mid SectionQ 21 & 34, from 'Whlc;h the 14 comer common to Sisld Sections 27 and 34 bears North 88R55'56" West, 2664.51 feet. thence along the BOuth fino ot said Section 27 North 88"55'55. West, 891.32 feet to 1he REAl POINT OF BEGINNING; Thence continuing along said 8Guth line North 88"55'55" West. 324.99 feet; Thence NQrth 01005'10" Er:t6t, 841.20 feet; ~ :J40:V.t.ll402-LO.~.doc Exhibit C - Page 3 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 nUl: 06 2005 LO:50AH" Ent:i.nflal"inl; Solu't-iont. 20B 939 09+) f>'C" Thence North 44u47'1r East, 93.29 feet; Thence North 62u5S'21' East, 400.72 feet; Thence North 6JuQ1'16- East, 62.60 feet; Thence- North 75018'10' East, 54.86 feet; Thence North 82023'09" East, 52.00 feat; The~ Soulh 89038'12P Eaa;t, S09.47 feet to s point 011 the east line of the SE ~ of said Sectlan2;; TIeonce along said east Una South 00021'48- West, 351.02 feet; Thence North 89038'12" West, 485.14 feet to a point of curvature; Thence 623.40 'feet along the arc of a curve to the left, !laid curve having a radius Of 400.00 feet, a delta angle of 89"17'44., and a long chord bearing South 45042'56" West, 662.20 fe&t to a point of tangancy; Thence South 01'"04'04" West, 499.73 feet to the POINT OF BEGINNlNG. Conta;nil'lg 14.89 acrea, mare or less. 4lW02(404():i.LO.Il_cto<:: Exhibit C - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF NOVEMBER 9, 2005 nUl;; OlS ~005 10dlOfll'l., ,""n\'!Oinet'f"'1nr; Salut1C1n~ eOB 9:)fl os..} p.3 June 21, 2005 PRoposeD R~ ZONE VOLTERRA SUBDJV,stoN A parcel of land located in the N ~ of the NE ~ of Section 34 and the.$ Ya of Section 27, T. 4N.. R. 1W.. 8.M.. Ada County, Idaho. more partlcufarty described 8S follows: Commencing at the comer common to Sections 26, 36, and the said Sections 2J & 34, from which the :4. comer common 1<1 aaid SecticJns 27 and 34 bellfli North 68"55'55" WMt, 2854.57 fuet, thence along the south fine Qf saId Section 27 North 8$655'55" West, 891.32 feet 1D the REAL POINT OF BEGINNING; Thenoe South 0'''04'04" weet, 421.51 feet to 9 point of eorvawre: Thence 696.40 feet along the arc of el curve to the left. said curve having a radius of 500.00 1'9t, a delta angle or 79"48'04", and a long chord bearing South 36649'S1" East, 641 048 feet to Q point; Thence South 00"52'09" West, 403.38 feet to a point on the l?(>uth line of the N ~ of the NE "* of said Section 34; Thence eking said south line North 89D05'60" West, 2168.50 feet to the eouthes$t C(Jrnerof said N % of the NE. %: Thence along tha wast line of said N % Clfthe Nt! ~ North OOG44'17" East, 1323.35 fSl'lt to 1M % comer common to 8I!ld Sectlons 34 and 27; Thence along the west llna of the SE ~ of said SectiOn 27 North 00.29'09" East, 644.81 faet to too 6OUthea&t corner of Lot 7, Block 2 of Black Cat Estates No.2 Subdivision, 86 same la recorded in Book 32 of plats at Page 1945. records of Ada County, Idaho: Th8nQe olong thli* esst line of said LQt 7 North 00"20'12" East, 660.00 feat la the ncrtl1ea$t comer of sald Black Cat Estates No.2 SUbdM8Jon; Thence along tha north line of said Black Cat Estates No_ 2 SubdM8ion. North 89"17'29" wast. 1261.91 feet: . Thenoe North 12647'25' West. 206.21 1elilt; Thence North 88Q10'44" West. 896,71 feet; Thence North 50.51'04" West. 89-06 feet~ Thence North MG20'48" West. 19.84 fElet; Thence North 19"'35'01" West, 111.55 feet; .4 ()40V40402.P.4.Gc..doc Exhibit C - Page 5 CITY OF MERIDiAN PLANNiNG DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF NOVEMBER 9,2005 Aue 05 ~OOS 10:50AM En~lne.rl~' Solution5 208 9:38 Q941 p.4 Thence North 89"34'24" West. 291,92 feet to a point on the W8St line of the S Ya of sard Section 27: TheneQ along said WMt line North 00"31'40. East. 877 ,06 feet to the fl()rthWast comer of said S Yv of Section 27: Thence along the north boundary of said S ~ of Section 27 South 89"19'43" East, 2649.64 foat to ftIe Center % comar of Gaid Section 27j Thenoe contfnu/ng laid north bourdary South 89"20'38" East. 2650.99 feet to the northeMt comer of aald S ~ of Section 27; Thence along the east lIna of said S 11 of &lction 27 South 00"21'48" West, 1387.61 feet: 'fhenl>> North ag"38'12" West, 609.47 feet; Thonee South a2~3t09. West, 62.00 feet; Thence South 15"16'10. West, 54.86 feel: ThenGe South 63"01'18" West. 62.80 feet; Thence South 52"55'27" West. 466,72 feet Thenco Scuth 44847'17" Ward, 93.29 feet; Thenoe South 01Q05'10. West. 841,20 feet to a point on the south line of1he S 'l4 of said Section 27; Thence along said south line So"'h 68"65'65H East. 324.00 feet to -the POINT OF BEGINNING, Contaln/ng 256.21 acres. MOre or less. 4l14U2/4040Z-R4.dJl$.doc Exlrlbit C - Page 6 CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 flu& 05 2005 10.50"H_ en~1n~~rjn~ S~lu~ic"s 209 938 OS.f1 p.5 June 21,2005 PROPOSED CG ZONE VOLTeRRA SUBDIVISION A parcel of land locatad In lhe NE % of the NE % 01 Section 34 and the SE ~ of the SE "%of Section 27, T. 4N., R 1W., 8.M., Ada County, Idaho, more particularly descrlbed as follO'M1: Commencing a1 the comer common to Sections 26. 35. and the aaid Sections 27 & 34. from which the IA, cotner common to said Sectlon$ 27 and 34 bears North 88'55'55" West, 2654~51 feet. said point being the REAL.. POINT OF BEGINN.NG; Thence along the east line of1he NE Y. of said Section 34 South 00'53'19" West. 920.35 feet; T~nce North 89"06'05n West. 392.73 feet to a point of curvature: Thence 786.881eot along the arc of 8 curve to the right, said curve havlng a radius of 500.00 feet, a delta 8ngle of 90.10'10n. and a long chotd bearing North 44'01 '01. West, 70&.15 feet to a point of tangency; Thence North Oi 904'04" East. 421.51 feet to a point on the north lino of said NE y,. of Seetlon $4: Thence continuing North 01"04'04' East, 499.73 feet to a point of ClJrvatum; Thence 623.40 feet along tha 8rc of a curve to the right, _Id curve having a radIus of 400.00 feet, Q delta angl& of 89017'44'. and a long chord bBarlng North 45"42'56" East, 562.20 feet to a point of tangency; Thunca South 89"36'12" East, 485.14 feet to a point 0f1 thQ east line of 1hEil SE X of said S~n 27; Thence along said east line South 00"21'48- West, 905.74 feet to the POINT OF BeGINNING. Containing 35.19 acres, mom orless. ~0-4D2/40402.CG.del.dRo: Exhibit C - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF NOVEMBER 9, 2005 .J.:e~_1 ~~i ~;IJ"HNh.' , ~~""t'=:~ 1.......-... -~..~ ~~~~ -;-.=."~~ c:?'':'''Y-. .'-~~~<il._ "''I:. ~~4 , ,- '- 'JiI1HllrNI'" L:"..,..Ptr.r'j!~.,..,....j" t1I. ...~- ~ .. '.J,. .'1 'Jl .. or -'::I/o~ tJrI'<fl{H11:rr..u.. t:t-~71Ul\~ JrmiIWOlIDlI .11lU.101 ,j' l IiI' ~ ~ . & 1; t 'i 'i' 1'1 J I ~ ii' " I :a:- ,I, ;! , r I ~'~ II ~ " ~ If', 'I 'I I' ,.' 'i N '! ~ :! I,"' ',~-=- ',- _-_I J' )1 8t) ;:' 0 11> ... 10l Ii '.'1, 0. U t, !!l _ :'~~~..:...;..~=!.~!';!;;;;;.~;;-_~- '~il'...-r ,J, ~ "':~_,""cr Il~() ~_ ,I Q. ~ :-: , I:f lI.R>.it.oo ~ -l~-:rr.ro~~-~~._' --::"';"-fW: '=::"'=-~?-'Wf ~ _ ' ~: J ......,. Ul~ I" J:;tt:t:r~T1- I tb. t\l '"' - 0 !'f r ~ 1:0 f " ~:~: -u~~ 1/ :~jl~ I "" ,. U iRe 0 C5 - ;I I ~~o -1* NN !:it " " of l: .~ I .. "'I ~r? I' 1J.ll'<'4 I ';;, ....J ~ I n. 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EL;r e ~li!fi!H ~;;rt~L\ Exhibit C - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 D. Required Findings from Zoning Ordinance 1. Annexation Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. Will the new zoning be hannonious with and in accordance with the comprehensive plan and, if not, has there been an application for a comprehensive plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling rmits per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. City Council ftnds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the 80 acres adjacent to Black Cat Road to be <<Low Density Residential", and "Medium Density Residential" adjacent to Ten Mile Road and McMillan Road. Some of the larger lots in the development are within the area designated for low density residential. Although the applicant has not submitted calculations, City Council believes that this area contains less than 3.0 dwelling units per acre. Excluding the office and commercial areas, the overall net density of the project is 3.56 dwelling units per acre (2.8 d.u.lacre is gross density). The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium density areas. The Zoning Ordinance allows up to 20 percent of a site to be approved for uses not normally permitted in the area. The applicant is requesting L-O and C-G zoning for approximately 54 of the 312 acres (17%). In addition, in the applicant's undated cover letter, several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development) . B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted two preliminary plats and a conditional use permit for a planned development that proposes single-family, commercial and office lots on the subject site (pP-05-039, PP-05-040 & CUP-05-041). City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUPIPD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that - would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; City Council finds that the single-family homes would be allowed (permitted) within the requested R-4 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved). However, because the applicant has not submitted a detailed conditional use pennit application for the commercial and office portions of the development, all buildings within the L-O and C-G zone will need CUP approval prior to Exhibit D - Page 1 ClTY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF NOVEMBER 9, 2005 construction. City Council recommends that this requirement should be included in the Development Agreement for this property. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. None of the abutting roadways, Ten Mile Road, McMHlan Road, and Black Cat Road, are within ACHD's Five Year Work Program or elF (20~year plan) for road widening. Bainbridge Subdivision to the north has been tentatively approved for development similar to what is being proposed with Volterra Subdivision. Bainbridge Subdivision is not currently being developed because sewer service is not available to that site. The subject property is generally surrounded by rural residential acreages. City Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. E. Will the proposed uses be designed, constructed; operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has not submitted elevations for the proposed dwelling units or commercial buildings. The applicant has stated in their submittal packet that the home elevations will be similar to those in the Bridgetower Crossing Subdivisions. If constructed similarly to those in Bridgetower, City Council believes that the design of the dwelling units will be compatible with the adjoining uses. City Council finds that the proposed development will change the existing character of the area, which is stil11argely 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. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to detennine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. City Council does not anticipate that the proposed uses will be distmbing 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 B and all City Code provisions. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fIre protection, drainage structures, refuse disposal, water, sewer; or will the person responsible for the establislnnent of the proposed zoning amendment be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station, At this point in time, the Meridian City Council has approved funding for the design; however no funding has been approved for the Exhibit D - Page 2 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINO DATE OF NOVEMBER 9, 2005 construction, If this development is approved, it shall be subject to the North Black Cat sewer system being available. 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 andlor future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standa.rd conditions as attached in Exhibit B 7. On September 16, 2005, a joint agency/department conunents 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, City Council finds that except for sanitary sewer, the public services listed above can be made available to acconunodate 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. H. Will not create excessive additional requirements at public cost fo1' public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fue, police and school facilities and services. City Council fmds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 1. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare Or odors; City Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct eight public street accesses and four driveway - accesses to the existing public street system. ACHD is supportive of the proposed streets and driveway locations. If is designed and constructed as required by the ACIID and the City, City Council docs not believe that the subdivision will create interference with traffic on the sunounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Exhibit D - Page 3 CITV 01' MERTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9. 2005 The Settlers Canal and the South Slough both bisect this property. City staff considers both of these features scenic in nature. City Council recommends that these features be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City COWlcil finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Co1l11nission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. L. Is the proposed zoning amendment in the best interest of the city. In accordance with the findings listed above, City Council finds that the annexation and zoning of this pro/Jertv. as pro Dosed bv the applicant, would be in the best interest of the Citv (see Analvsis section in the StaffReoort). 2. 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 conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation Findings Item A above, B. The availability of public services to acconunodate the proposed development; Please see Annexation Findings Items G and H abOve. C. The continuity ofthe proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission~s attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACIID considers road safety issues in their analysJs. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing( s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this title; Exhibit D ~ Page 4 ClTY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARfNG DATE OF NOVEMBER 9.2005 As part of the Planned Development (PD) the applicant is requesting relieffi'om the standard street frontage, lot size, house size, side setback and maximum block length requirements of the R-4 zone. Clty Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to acconnnodate aU of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be hannonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council fmds that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planned development and use exception). Please see Annexation Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; Please see Annexation Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. The Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police~ and flre protection, drainage structures, refuse disposal, water, Sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation Findings G and H, the conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings H. G. That the proposed use will not involve activities or processes, materials~ equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation Findings 1. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Exhibit D - Page 5 CITY OF MERIDIAN PLANN1NG DEPARTMENT STAH REPORT FOR THE HEARlNG DATE OF NOVEMBBR 9, 2005 Please see Annexation and Zoning Findings J. The Commission and Council should review any COlUments received from the ACHD regarding this project when determining this fmding. 1. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maj or importance. Please see Annexation and Zoning Findings K. 4. Planned Development Findings: Upon recommendation of the commission, the council may authorize specific uses not normally permitted by the use regulations of the zone in which the development is located. In granting such authorization, the commission and council shall make the following fIndings: A. The uses peunitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Although no specific uses are being proposed at this time, it is anticipated that the uses pennitted by the exception will relate to adjacent single-family homes. The applicant is proposing to provide both buffers between the land uses and vehicular and pedestrian connections so that the commercial uses will not be intrusive on the residential development, but the residents will still be able to access the businesses located in their neighborhood. Staff and the Commission should further evaluate the relationship of the proposed uses in the L-O and C-G zones with the single-family homes when CUP applications are submitted for buildings in the fuhrre. B. No more than twenty percent (20%) of the total area of the proj ect shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the commission and council based upon the size ofthe proj eet and intensity of the use exceptions. The applicant is proposing that over 17% of the total area of the project be devoted to non-residential zoning. City Council frods that the percentage of the use exception proposed is appropriate in this location. C. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount ofthe principal or primary use or uses. The applicant has not committed to a phasing plan. At full build out, City Council fmds that the construction of the non.residential uses will be in good proportion to the amount of residential area being constructed in the area. D. The uses permitted by the exception are integrated into the overall project by: 1. Being located in proximity to and within convenient walking distance of the primary uses. See Planned Development Findings "A" above. 2. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or intercormection through a system of private roadways and/or pathways. On the south side of McMillan Road, the applicant is proposing to construct a public street with commercial uses on one side and residential uses on the other. The applicant is also proposing pedestrian connections between the residential and non-residential areas. Exhibit D - Page 6 ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 9,2005 City Council finds that the uses are adequately intercOlIDccted. 3_ Providing pedestrian and bicycle pathway connections with the primary use site. See Planned Development Findings "A" above. 4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. No specific buildings are being proposed at this time on the c01111nercial and office lots. When CUP applications are submitted for the buildings in the future, staff and the Commission will evaluate the building orientations to ensure that vehicular aud pedestrian access is facilitated. 5. Continuing architecture, landscaping, and building bulk: concepts from the primary use into the use ofthe exception site so they are consistent and harmonious throughout the development. City Council recommends that the Development Agreement include a provision that requires all non-residential buildings to contain architectural features and bulk building concepts that are similar to the residential buildings. City COWlcil further recommends that the applicant. at the public hearing, state how they plan to integrate the look of the commercial buildings and lots with the residences (specific features on the buildings), E. The use(s) permitted by the exception are neighborhood. or community-serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. City Council finds that the size and character of the non-residential zones proposed are appropriate to serve the community and should not be detrimental to adjacent neighborhoods. Exhibit D - Page 7