Hightower Subdivision AZ 06-003
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 06/29/06 02:43 PM
DEPUTY Palli Thompson
RECORDED-REQUEST OF
City 01 Meridian
AMOUNT
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85
1111111111111111111111111111111111111
106104202
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Hightower, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of :1t 1 fV__ , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Hightower, LLC,
whose address is 8312 W. Northview, Suite 120, Boise, Idaho 83704 hereinafter called
"OWNERlDEVELOPER" .
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, LC. ~ 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the suhject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential, (R-15) High Density Residential, and (CpC) Community
Business District (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner/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 06-003) HIGHTOWER SUBDIVISION
PAGE 1 OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 6th day of June, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and 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:
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 2 OF 11
2. INCORPORA TJON OF RECIT ALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and cxisting by virtue of
law of the State of Idaho, whose address is 33 East Idaho A venue,
Meridian, Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to Hightower, LLC,
whose address is 8312 W. Northview, Suite 120, Boise, Idaho 83704,
the party developing said "Property" and shall include any subsequent
owners and/or developer(s) of the "Property".
3.3 "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-8 (Medium Density Residential District), R-15 (High
Density Residential District) and C-C (Community Business 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
Unified Development Code which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the R-8, R-15, and C-C zones, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 06-003 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 3 OF 11
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated January 17,
2006, and shall be required to obtain the "City's" approval thereof, in accordance to the
City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a
condition of, the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit. No new buildings are approved for
construction under this conceptual CUP/PD application. All future buildings shall require
approval of a detailed CUP prior to submittal of any Ccrtificate of Zoning Compliance
application and/or building permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, propelty or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
2. That all future development of the subject property shall be consistent
with the owner/developer's conceptual plan unless otherwise
modified by other provisions of the Development Agreement.
3. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development.
4. That all future uses and lots on this site shall conform to the District
Regulations and Allowed Uses contained in the Unified Development
Code (UDC), in effect at the time of development.
5. That the owner/developer will be responsible for all costs associated
with the sewer and water service extension.
6. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 4 OF 11
Ordinance Section 5-7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
7. That prior to any building permit, the subject property be subdivided
in accordance with the City of Meridian Unified Development Code.
8. That development of the commercial lots shall comply subslantially
with the submitted sample elevations and materials list in Exhibit A
of the staff report for the hearing date of April 6, 2006.
9. That development of the residential lots shall comply substantially
with the submitted sample elevations and materials list in Exhibit A
of the staff report for the hearing date of April 6, 2006.
10. That owner/developer shall place five (5) gallon arborvitae at four
feet on center along the shared property line of the adjacent property
to the west owned by Tom Buuck.
11. The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25
feet in height.
12. That the owner/developer consents to the vacation of Jericho Road,
and agrees to submit an applicant for Vacation or Exchange of Right-
of-way for Jericho Road to the City of Meridian and to the ACHD
prior to or concurrent with submittal of a final plat application.
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 "OwnerlDeveloper" or "OwnerslDevelopers" 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 aftcr the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 5 OF 11
"OwnerlDeveloper" 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 "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any pOltion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner/Developer", "Owner/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 "Owner/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
"Owner/Developer's" cost, and submit proof of such recording to "OwnerlDeveloper", prior
to the third reading of the 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.
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 6 OF 11
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 "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/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 "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
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 ~ 12w5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
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".
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISIONV
PAGE 7 OF 11
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Hightower, LLC
8312 W. Northview, Suite 120
Boise, ill 83704
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 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 06-003) HIGHTOWER SUBDIVISION
PAGE 8 OF 11
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 ,"OwnerlDeveloper" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordahle
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
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 "OwnerlDeveloper" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition goveming the uses and/or conditions goveming 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
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 9 OF 11
Ordinance in connection with the annexation and zoning ofthe "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
HIGHTOWER, LLC
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CITY OF MERIDIAN
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Attest:
DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION
PAGE 10 OF 11
STATE OF IDAHO )
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County of Ada )
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On this t.2.. day of \.... Ll r\-Q , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Carl Baker on behalf of Hightower,
LLC, known or identified to me to be a managing member of said corporation, who executed
the instrument on behalf of said corporation, 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)
STATE OF IDAHO )
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County of Ada )
~SOSti~h W. \0'\}-f'tG y\....) On this c9--'7r rJ day of Jo\,(._:V\~-,--: , 2006, before me, a Notary
""- Public, personally appeared!luIliRY ele VI~eeffl and William G. Berg, Jr., know or identified
tLicLo()JI1V:-l_ to me to_be the~ and Clerk, respectively, of the City of Meridian, who executed the
V' Ci('~'('e%1 .\ii'Lt instrument or the person that executed the instrument of behalf of said City, and
( . (.; acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and vear in this certificate first above written
...-.... '
...~lt4~...... ,ShOjlrY1StYU' C;/-t~__)
(SEAL) ; :' --"'.4 ~ Notary Public for Idaho -
: : , : Residing at: rvu I bVi Jc/
· \~ ; ..: Commission expires: I()-'~l)':-II
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DEVELOPMENT AG 06-003) HIGHTOWER SUBDIVISION
PAGE 11 OF 11
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit B: Legal Description - Subdivision
FOX Land Surveys, Inc.
4696 Overland Rd, STE 182 A Boise Iclaho a 83705 4- 208-342.7957.!l. 208-342-7437 FAX
ANNEXATION DESCRIPTION
A PORl1ON OF THE NORl'HWEST % OF THE NORTltEASr % OF SECTION 30, TOWNSHIP 4
NORTH, RANGE 1 EAsT. BotsE MERIDIAN, ADA Coumv. IDAHO
A Portion of the Northwest % of the Northeast % of Section 30, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follow~
Beginning at a found Brass Cap Monument marking the Northeast Comer of SAction 30,
from whiCh a found Brass Cap Monument malklng the North % Comer thereof bears North
ago51 '45. West. a distance of 2,633.96 feet;
thence along the Northerly boundsfy of Section 30 and the Center line of State Highway
20126, North 89"51 '45" West. a distance of 1,341.98 feet to its intersection with the Center
line of Jericho Road, the TRUe POINT OF BEGINNING;
thence along the Center line of Jericho Road, South 00"29'46" West, a distance of649,36
feet to its intersection with the Easterly prolongatiOn of the common bciundary of property
described in Warranty Deed Instrument Number- 8943651 and Personal Representatives
Deed Instrument Number 104154997;
thence along said prolongation and common boundaty, North 69"'43'30" West, a distance
of 616.56 feet to the beginning of a curve to the left;
thence a'ong said curve to th9left having a length of 31.42 feet, a radius of 20.00 feet, a
central angle of 9O"00'ocr. tangents of 20.00 feet, and a long d10fd which bears South
45016'30" West. a distance Of 28.28 feet to a found 4 inch iron pipe marking the Nol'th-
West-Northeast 1J6411t comer of Section 30; .
thence continuing along the common boundary of property described in Warranty Deed
Instrument Number 8943651 ancIW8fTanly Oeedfilsbtment Number 104154997, South
00"14'50"' West, a distance of 660.55 feet to the Ceoter-West-Northeast 11641b comer of
Section 30 and the Easterly comer CoilJmOn to ~ deiSaibed in Personal
Representatives Deed Instrument Number 104154997 and Personal Representatives
Dead Instrument Number 1041&a946;
thence along the North 1116" line of Sedion 30 and the common bounuary of said
properties, North89u56'4~ West, a distance of 658.63 feet to the Center-North 1/16th
comer of Section 30;
Exhibit B Page I
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CITY OF ME:1<.iDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
thence along the North-South Ce,..ter line of Section 30, North 00"30'27" East, a distance
of 857.63 feet to a found 5/8 inch rebar with plastic cap stamped .PLS 4116. marking the
Westerly - comer common to property described in Personal Representatives Deed
Instrument Number 104154997 and Warranty Oeed Instrument Number 102036999;
thence along the common boundary af said properties, South 89"49'56" East, a distance of
503.66 feet to a found % inch rebar with no cap marking an angle point in said boundary;
thence continuing along the common boundary of property described in Personal
Representatives Deed Instrument Number 104154997 and Warranty Deed Instrument
Number 102036999, North 00"44'44- East, a distance of 432.00 feat to a found 112 inch
rebar with no cap marking the Northerly common comer thereof, on the Southerly R./ght-of-
Way of State Highway 20126;
thence North 00"08'15" East, a distance of 40.00 feet to a point on the Northerly boundary
of Section 30 and the Center line of State Highway 20/26;
thence along said boundary and Center line, South 89051'45" East, a distance of 786.76
feet to feet to the TRUE POINT OF BEGINNING;
Containing 1,046,952 square feet, 24.034 acres, more or less.
Refer to attached sketCh.
Fox Land Surveys, 11'10.
Timothy J. Fox, President, PLS 7612
END OF DESCRIPTION
tv~~R9fA;'h '"
J~.:: I 7 2006
MSAlDIAN PUBLIC
V',OKKS IJEPT.
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W:I1'n!jcc!$\200S\ll;;.()64.Pr.1~"'l\Dooo;>~Aoc
Exhibit B Page 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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FOX Land Surveys, Inc.
4696 W Overland Rd, STE 162 !!,. Boise, I" b. 83705 b. 208-342-7957 tJ. 208-342-7437 FAX
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CC REZONE DESCRIPTION
A POR1l0N OF' THE NORTHWEST y~ OF THe NOR rHEAST % OF SEcnON 30, TOWNSHIP 4 NORTH,
RANGE 1 EAST, BoISe MERIDIAN, ADA COUNTY. IDAHO
A Portion of the Northwest % of the Northeast y.. of Section 30, Townshrp 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows;
Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30,
from which a found Brass Cap Monument marking the North % Comer thereof bears North
B9"51'45~ West, a dIstance of 2,633.96 feet;
thence along the Northerly boundary of Section 30 and the Center line of State Highway
20/26, North 89~51 '453 West, a distance of 1,697.59 feet to the TRUE POINT OF
BEGINNING;
thence South OO~16'30" West, a distance of 371.75 feet to a point;
thence North 89"43'30" West, a distance of 433.76 feet to a point on t/1e common
boundary of property described in Personal Representatives Deed Instrument Number
104154997 and Warranty Deed Instrument Number 102036999;
thence along the common boundary of said properties and the Northerly extension thereof,
North 00"44'44" East, a distance of 370.72 feet to its intersection with the Center line of
State Highway 20/26; .
thence a'ong said Center line, South 89~51'45' East. a distance of 430.72 feet to the
TRUE POINT OF BEGINNING;
Containing 160,459 square feet, 3.683 acres, more or less.
Refer to attached sketch.
Fox land Surveys, Inc.
Timothy J. Fox, President, PLS 7612
FiND OF DESCRIPTION
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Exhibit B Page 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
FOX Land Surveys~ Inc.
4696 W Overlatld Rd, GTE 102 a Boise, II) .6 837058. 20&.342-7957 A 20S-342-7437 FAX
R8 REZONE DESCRIPTION
A PORTION Of THE NORTHWEST % OF THE NORTHEAST % OF SECTIOfll30. TOWNSHIP 4 NORTH,
RANGe 1 EAST, BOISE MERIOlAN, ADA COUI'IlY, 'OAHO
A Portion of the Northwest ~ of the Northeast % of Section 30, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows;
Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30,
from which a found Brass Cap Monument marking the North,... Comer thereof bears North
89"'51'45" West, a distance of 2,633.96 feet;
thence along the Northerly boundary of Section 30 and the Center line of, North 89"51 '45"
West, a distance of 2,633.96 feet to a found Brass Cap Monument marking the North Yi
Corner thereof;
thence afong the North South center line of Section 30, South 00030'27" West, a distance
of 471.72 feet to a found 5/8 inch rebarmarklng the Westerly comer common to property
described in Personal Representatives Deed Il1strument Number 1 04154997 and Warranty
Deed Instrument Number 102036999, the TRUE POINT OF BEGINNING;
thence along the common boundary thereof, south 89049'56" East, a distance of 503.68
feet to an angle point in the common boundary of said properties;
thence along the Southerly projection of the North-South common boundary of property
described in Personal Represematives Deed Instrument Number 104154997 and Warranty
Deed Instrument Number 102036999, South 00044' 44~ West, a distance of 175.57 feet [0 a
point;
thence South 89045'10~ East, a distanoo of 172.58 feet to the beginning of a non-tangent
CUNe to the left; .
thence along said curve to the left having a length of 31.42 feet, a radius of 20.00 feet. a
central angle of 90"00'00", tangents of 20,00 feet, and a long chord which bears South
45016'30" West, a distance of 28.28 feet to a point of non-tangency and the Northwest-
Northeast 1/6411i comer of Section 30, marked by a found 4 inch iron pipe;
thenoe along the West-East 1/641h line of Section 3D, South 00"14'50" West, a distance of
660.55 feal to the Center-Wast-Northeast 1/64!h comer thereof;
thence along the North 1116ltl line of Section 30, North 89"56'42" West, a distance of
658.63 feet to the Center North 1116ltl comer of Section 30;
Exhibit B Page 7
/"
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
('-.'.
thence along the North-South center line of Section 30, North 00030'27" East, a distance of
857.63 feet to the TRUE POINT OF BEGINNING;
Containing 538,165 square feet, 12.308 acres, more or less.
Refer to attached sketch.
Fox Land Surveys, Inc.
Timothy J. Fox, President, PLS 7612
END OF DESCRIPTION
:rrw ~ro~-..)
'{;1
ME.RIDIAN PUBLIC
WORKS OEP'.
Exhibit B Page 8
~. (
CITY OF ME~IDIAN PLANNING DEPARTMENT STAFF REPOR; FOR THE HEARING DATE OF MAY 9, 2006
FOX Land SUl1feys, Inc.
4696 W OVerland Rd. STE 162 A Boise. ID 6 83705 6. 208-342--7957 A 208-342-7437 FAX
Ri5 REZONE DESCRIPTION
A PoRTION 01" THe NORTHWEST Y.. OF THE NORrnEAST 'I.. OF SECTION 30. TOWNSHIP 4
NORTH, RANGE 1 EAsT. BoISE MERIDIAN. AOA COUNTY, IDAHO
A Portion of the NQrthwest y.o of the Northeast 14 of Sect/on 30. Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows;
Beginning at a found Brass Cap Monument marking the Northeast Corner of Section 30,
from which a found Brass Cap Monument marking the North % Corner thereof bears North
89"51'45" West, a distance of 2,633.96 feet;
thence along the Northerly boundary of Section 30 and the Center line of State Highway
20/26, North 89"51 '45" West, a distance of 1,341.98 feet to its intersection with the Center
line of Jericho Road the TRUE POINT OF BEGINNING;
thenoe slang said Center line, Soutl"l Ooo29'46~ West, a distance of 649.36 feet to its
intersection with a line 20.00 feet North of the North-North 1164t11 fine of Section 30;
thence along a line 20.00 feet North of and parallel with said 1164lh line, North 89"43'30"
West, a distance of 616.56 feet to a point;
thence North 89"45'10~ West, a distance of 172.58 feet to its intersection With the
Southerly projection of the common North-South boundafY of property described in
Personal Representatives Deed Instrument Number 104154997 and Warranty Deed
Instrument Number 102036999;
thence along said projection and boundary, North 00"44'44" East, a distance of 276.85 feet
to a point;
thence South 89"43'30" East, a distance of 433.76 feet to a point;
thence North OO"16'30~ East, a distance of 371.75 feet to a point on the Center line of
State Highway 20/26;
thence along said Center line, South 89"51'45" East, a distance of 355.61 feetto the TRUE
POINT OF BEGINNING;
Containing 350,318 square feet, 8.042 acres, more or less.
Refer to attached sketch.
Exhibit B Page 10
(- (
CITY OF MEt<JDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Fox land Surveys. Inc.
Timothy J. Fox. President, PLS 7612
END OF DESCRlPll0N
TJF:taj
W:lFrojccts'aOO5\05-064.Prj\ProJ<<1t\DescrilllionsISMR J 5(3-14-06). doc
ftE."IliW AP~R~
B%-- - I
Exhibit B Page 11
PUBLIC
ME.R\D1eNS OEPi.
WOR.- _
, ,~ .
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of Annexation and zOning of 24.03 acres from RUT to R-8 (12.31 acres), R-
15 (8.04 acres) and CwC (3.68 acres), AND Preliminary Plat for 109 single family residential
lots, 3 commercial lot!;, 23 common lots, and 2 private street lots on 22.94 acres, AND
Conditional Use Permit for a mixed use development within 300-feet of a residence, AND a
Variance to UDC 11-3H4.2B for allowance of an access point to Chinden Road (US 20/26),
for Hightower Subdivision, by Hightower, LLC.
RECEIVED
JUN 0 1 2006
~'t 0 eridian
. kOftice
oU;;;;;llit -. - '\
" 1l>.\HO Jt)
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"I,
Case No{s): AZ-06-003, PP-06-009, CUP-06-004, V AR-06-004
For the City Council Hearing Date of: May 9, 2006 Aooroved on Mav 16. 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 9,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 9,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Repol1 for the
hearing date of May 9, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the hnpact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11-5A.
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSlONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-003, PP-06-009, CUP-06-004, V AR-06-004 - PAGE 1 of 5
,
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, wbich
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of May 9,
2006 incorporated by reference. The conditions arc concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March
9, 2006 is herby conditionally approved;
3. The applicant's request for a variance;: to UDC 11-3H-4.2B for allowance of an access
point to Chinden Road (US 20/26) is hereby granted;
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 9, 2006 incorporated by reference, with the
following modifications:
. That as Dart of the Development Agreement for this oropertv. the aoolicant
consents to the vacation of Jericho Road. and that the owncr aerces to submit an
application for Vacation or ExchanlZe of Right~of-wav for Jericho Road to the
Citv of Meridian and to the ACHD prior to or concurrent with submittal of a
final plat aoolication.
. That all lots will meet the minimum frontage reauirement of the zone.
· That two townhouse lots shall be removed from the develooment.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
CIlY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-003. PP-06.009. CUP-06..o04. v AR-06-004. PAGE 2 of 5
Please take notice that the conditional use pennit, 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 pennitted in accord with the
conditions of approv~, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditions use permits that also require platting, the
[mal plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and tiled by the applicant prior to the termination of the
period in accord with 11 ~5B-6.G.I, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
2. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined prelimimrry and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approva1. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11 p6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With aU 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 plattiug procedure ligllin.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Iudicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06.003, PP.06-009, CUP-06-004, V AR-06-004 - PAGE 3 of 5
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provid.ed by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of May 9,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-003, P1>-06.009, ClJP-06-004, V AR-06-004 . PAGE 4 of 5
By action of the City Council at its regular meeting held on the
7k.~ ,2006.
';/
G .r"'-
-- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED~
VOTED ~
VOTED )1'6J".e-n;1-
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
--
Copy served upon:
Dated: 1.1.."..01.0
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-003. PP-06-009. ClJP-06-004, V AR-06-004 - PAGE 5 of 5
CITY Of M!H\IDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
STAFF REPORT
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TO:
FROM:
SUBJECT:
City Council Hearing
Hearing Date: May 9, 2006
Mayor and City Council
Josh Wilson, Associate City Planner
Hightower Subdivision
· AZ-O(j..OO3~ Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31
acres), R-1S (8.04 acres) and C-C (3.68 acres)
· PP-O()..()03. Preliminary plat for 109 single family residential lots, 3
commercial lots, 23 common lots, and 2 private street lots on 22.94 acres
. CUP~06.004- Conditional Use Permit for mixed use development within 300-
feet of a residence
. VAR~06-004-Variance to UDC 11-3H-4.2B for allowance of an access point
to Chinden Road (SH 20/26)
. PS-O()..OO6- 2 Private Streets in the proposed R-15 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of 24.03 acres from RUT
to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres), Preliminary Plat approval of 109
residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Pennit
approval of a mixed use development for Hightower Subdivision. The site is located. on the southwest
comer of Jericho Road and Chinden Road (US 20/26).
The applicant has also submitted a Variance application that will be before the City Council concurrent
with the subject application!:. The Variance request proposes one new approach to Chinden Road (US
20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department
(!TO) has provided a letter dated February 13, 2006 which expresses support of the proposed access to
Chinden Road and states that the proposed location conforms to the Access Management Plan agreed
upon with the City of MeridiWl.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on April 6, 2006. At the public hearing they moved to recommend approval.
a. Summary ofPubUc Hearing:
i. In favor: Phil Hull, The Land Group
ii. In opposition: Tom Buuck
iii_ Commenting: None.
iv. Staff presenting application: Josh Wilson.
v. Other staff commenting on application: None.
b. Key Issues ofDlsculIlIlon by Commission:
i. Limitation on building height for entire development requested by the adjacent
property owner, Tom Buuck.
ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck.
Ill. Configuration ofthetownhouse lots at the south tenninus ofN. Torre Way.
c. Key Commission Changes to Staft'Recommendation:
i. Add a restriction to the Development Agreement which states: "The applicant
shall place five gallon arborvitae at four feet on center along the shared property
line of the adjacent property to the west owned by Tom Buuck."
Hightower Subdivision
AZ-06-003IPP-06-003/CUP..06-004N AR-06-004/PS.06-006 Page 1
CITY OF MBRIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9. 2006
ii. Add a restriction to the Development Agreement which states: ''The homes on
Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height."
iii. Add a Condition which states: "The applicant shall continue to work with the
Idaho Transportation Department on the possibility of acceleration-deceleration
lanes on Chinden Road as referenced in the letter from ITD dated March 30,
2006."
IV. Add a Condition which states: "The applicant shall add a note to the face of the
plat that references the Right to Farm Act. "
v. Add a Condition which states: "The applicant shall work with Planning
Department staff on the layout and access of Lots 5-14, Block 6 in order to
comply with UDC 11.6C.3D regarding common drives. The revisions shall be
submitted to the Planning Department no later than 10 days prior to the City
COWlcil hearing on the applications."
d. Outstanding Issue(s) for City Council:
i. Variance application for access to Chinden Road (US 20/26).
ii. Configuration of Lots 5-14, Block 6 and conunon drive access to said lots.
PROPOSED MOTIONS (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ.
06-003, PP-06-003, CUP-06-004, and V AR-06-004 as presented in the staff report for the hearing
date of May 9, 2006, with the following modifications to the proposed development agreement:
(add any proposed mod,ifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-
003, PP-06.003, CUP~06-004, and V AR.-06-OO4 as presented in the staff report for the hearing
date of May 9,2006, for the following reasons: (you should state specific reasons for denial of the
annexation request.)
Continuance
After considering all staff, applicant and public testimony I I move to continue File Numbers
Az.06.003, PP-06-OO3, CUP-06-D04, and VAR-06-006 to the hearing date of (insert continued
hearing dale here) for the following reason(s): (you should state specific reason(s) for
continuance .)
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
sw comer of Jericho Road and Chindcn Road (SH 20/26)
Township 4N, Range IE, Section 30
b. Owners:
Louise White
6201 N. Jericho Road
Meridian, ID 83642
c. Applicant:
Hightower, LLC
8312 W. Northview, Suite 120
Boise, ID 83704
d. Representative: Phil Hull, The Land Group
Hightower Subdivision
AZ-06-003/PP-06-003/CUP-06-004N AR-06.004/PS-06.006 Page 2
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9. 2006
e. Present Zoning: RUT pAda COWlty
f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use-Community)
g. Description of Applicant's Request:
1. See Exhibit Al (prepared by The Land Group) for a copy of the proposed plat, Exhibit
A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which
depicts the lot layout, building, parking and access locations with adjoining subdivisions.
4. PROCESS FACTS
a.
The subject application will in fact constitute an annexation and zoning as detennined by
City Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 5 Article B Section 3. a public hearing is required before the City Council on this
matter.
The subject applications will in fact constitute a preliminary plat as determined by City
Oniin8I1ce. By reason of tho provisioll5 of the Unified Development Code Title 11
Chapter 6, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a conditional use I planned development as
determined by City Ordinance. By reason of the provisions of the Unified Development
Code Title II Chapter 5 Article B Section 6, a public hearing is required before the City
COWleil on this matter.
Newspaper notifications published on: April I? and May 1, 2006
Radius notices mailed to properties within 300 feet on: April 14,2006
Applicant posted notice on site by: May 1, 2006
b.
c.
d.
e.
f.
5. LAND USE
a. Existing Land Use(s): Bare land, single family residence.
b. Description of Character of SUITounWng Area:
c. Adjacent Land Use and Zoning
1. North: Castlebury Subdivision, RI (Ada County).
2. West: Vacant land, zoned RUT (Ada County).
3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8.
4. East: Westborough Subdivision, zoned R4, R-8, R-15, and L-O.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Publk Worn
Location of sewer: There is currently a sewer stub from Saguaro Canyon to the
south.
Location of water: There are water stubs to the south from Saguaro Canyon and
to the east in Jericho Road.
Issues or concerns: Conceptual sewer plans show sewer mains with less than the
allowed three feet of cover.
Proposed five-foot setback off of the private streets does not leave room for the
Hig-htower Subdivision
AZ.06-003IPP-06-003/CUP-06-004/V AR-06-004/PS-06-0Q6 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
common trench utilities.
2. Vegetation: Agricultura1lJrrigated
3. Plood plain: N/A
~. CanaIslDitches Irrigation: No major facilities
S. Hazards: None identified
6. Size of Property: 24.03 acres
f. Subdivision Plat Information
The submitted plat includes an R-8 proposed zone with 66 single-family residential lots,
of wbich 28 units are alley accessed homes located in Block 9 and are approximately
4,700-5,000 square feet in area. These lots are designed to meet the minimum standards
of the R-8 district. The lots on the perimeter of the R.8 are larger, with sizes ranging
from 5,000-6,000 square feet.
The submitted plat also includes 43 lots in an R-1S proposed zone. These R-15 products
are townhouse designs and each building would he contained on a lot These lots are
accessed from proposed roadways with reduced 29-foot street sections and on-street
parking will be limited to one side of the roadway.
The submitted plat also contains three buildable lots in a C-C proposed zone with
commercial uses. Commercial uses are shown to be two approximate 5,000 square-foot
buildings and one approximate 3,750 squarc--foot buildings. The applicant has not
specified specific uses for these pad sites, however they have requested drive through
approval for Lot 2, Block 3.
g. Landscaping
1. Width of street buffer(s); per the Future Land Use Map, Chinden Road is de!lignaten
as an "Entryway Corridor." As such, the UDC (Table 11-2B-3) requires a 35-foot
wide street buffer adjacent to the roadway. The landscape plan (Sheet Ll.l) proposes
a 3S-foot wide buffer along Chinden Road. The applicant has alsu prvpv:;cd a 25-fout
landscape buffer along Jericho Road, which is not required by the UDC. Staff is in
support of the landscape buffers as proposed.
2. Width of buffer(s) between land uses: Table 11.2B-3 requires a 25-foot wide buffer
between commercial uses on C-C-zoned land and residential uses. Lots adjacent to the
Commercial lots shown on the plat/site plan shall include a 25-foot permanent
easement or the 25 feet shall be included in a common lot as defined by the
landscaping standards of the UDC.
3. Percentage of site as open space: The UDC does not require open space or site
amenities for commercial uses. The open space contained in the residential uses is
shown to be 3.52 acres or 18.3 percent and applied as an additional amenity.
4. Other landscaping standards: The landscape buffer along Chinden Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Conditional Use Information:
1. Non-residential square footage: 13,750 square feet shown
2. Proposed building height: 50 feet, or C-C standards
3. Percentage of site devoted to building coverage: Not defined
Hightower Subdivision
AZ-06-003/PP-06-003/CUP.06-004N AR-06-004/PS-06-006 Page 4
CITY Of MERIDIAN PLANNING DHf'AIUMENT STAFF REPORT FOR THE HEARING bATE OF MAY 9, 2006
4. Percentage of site devoted to landscaping: 3.52 acres, 18.3%
S. Percentage of site devot~ to paving: Not defmed
6. Percentage of site devoted to other uses: N/A
7. Number of Residential units: N/A
I
i. Amenities - The applicant is proViding a neighborhood park, open play area, gazebo, and
children's play structure. i
j. Required Residential Standards - Note; The proposal was not accepted by the Planning
Department as a Planned Development and the R-8 and R-15 bulk standards apply as found in
UDe II-2A. .
R-8 (Standards)
Setbacks (*all streets loc~)
Street to Living Area ;
Street to Garage
Side
Rear
Frontage-alley loaded
i
Frontage.garage front~
Lot Size-alley loaded
Lot Sizewgarage fronted i
i
Maximum building hei~t
R-15 (Standards) ,
Setbacks (*a11 streets loc~l)
Street to Living Area
Street to Garage
Side
Rear
Frontage
Proposed
15
20
4
12
varies
varies
4,630-5,098
5,000-6,000
35
Proposed
10
20
4
12
varies
Required
15
20
4
12
40
50
4,000
5,000
35
Required
10
20
4
12
o
Lot Size I 3,192-5,500 2,400
Maximum building hei~t 40 40
k. Proposed and Required Non-Residential Parking - One off-street parking space required for
every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f.,
which requires 28 parking spaces. The submitted site plan depicts 55 spaces ami appears to
meet the minimum standards ofth~ UDC parking requirements.
l. Swnmary of Proposed Streets and/or Access (private, public, common drive. etc.):
The applicant is proposing one q.ew access point to Chinden Road (SH 20/26) to serve the
Hightower project at approximat~Iy 2,000 feet west of the ChindenRoadl Locust Grove Road
intersection.
I
Hightower Subdivision I
AZ-06-003/Pp.(J6-003/CUP-06-004N AR-06-004/PS-06-006 Page 5
I
CITY OF MERlDlAN PLANNINO DEPARTM.I?NT STAFF RErORT FOR THE HEARING DATE OF MAY 9, 2006
As noted previously, ITD must issue an access permit for this access, and the access is further
contingent on the Meridian City Council granting a variance to UDC II-3R. lID, ACHD,
and City of Meridi.ari staffs are supportive of the location of the proposed access to Chinden
Road and the location is consistent with lTD's Access Management Plan (see February 13,
2006 letter from Sue Sullivan, ITD). A connection to Chinden at the half mile as required by
UDC 11.3H is not practical due to patterns of development and the proposed location is
aligned with the Castlebury entrance across Cbinden Road to the north.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters/reports submitted with the application materials.
6. AGENCY COMMENTS MEETING On February tollt 2006, staff held an agency comments
meeting. The agencies and departments present included: Meridian Fire Department, Meridian
Meridian Public Works Department, and the Sanitary Servioes Company. Staff has included all
comments and recommended actions as Conditions of Approval in Exhibit C.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in a
Mixed UselNeighborhood Center designation on the Comprehensive Plan Future Land Use Map.
The Future Land Use Map designates this property as 'Mixed Use - Community' with a
Neighborhood Center. The purpose of this designation is "to provide a blend of high-density
residential, small-scale commercial, entertainment, office and open space uses that are geared to
serve all residents within a one to two square mile area. The developments are encouraged to be
designed according to the conceptual neighborhood center plan depicted in Figure VII-3. The
purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to~day
service oriented focal puinl for neighborhood districts. The centers should offer an internal
circulation system that connects with adjacent neighborhoods or regional pathway(s). They will
also serve as public transit locations for future park.and-ride lots, bus stops, shuttle bus stops or
other alternative modes of transportation." (See Chapter VII, pg. 95.)
Staff finds fue following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Mixed Use Area Como plan Policies (taken from ehauter vm
. "All development proposed in these areas will require approval as planned developments
under the Conditional Use Pennit application process. In these locations, the developer has
the option to develop either a neighborhood center in conformance with the City's
neighborhood center design ordinance, or develop a conventional mixed use project."
A CUP application accompanies the annexation and zoning request, which fulfills the first
part of this policy. To date, the City has not adopted a neighborhood center design
ordinance. This application is being processed as a "conventional mixed use project. " (See
next bullet.)
. "If developing a conventional mixed use project, four specific design elements must be
incorporated into the development: a) street connectivity, b) open space, c) pathways, and d)
density, not below eight (8) dwelling units per acre."
a) Street Connectivity: The development proposes to connect the development with Chinden
Road with a single public street, N. Saguaro Hil/s Way. There are several other public
streets and alleys that are all interconnected to each other and adjacent parcels, and staff
is st/.pportive of the street connectivity proposed.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
b) DDen Soace: The applicant is proposing to constnJct a neighborhood park and set aside
approximately 18 percent of the site for open' space. The Comprehensive Plan is not
more explicit with regard to open space, other than it must be provided somewhere
within neighborhood centers.
c) Pathways:
d) Densitv: The overall density of this project is 5.50 dwelling units per acre (gross). The
residential portion of the project that is within the mixed use area is below the 8 dwelling
units per acre target density. Although the density ts below the target, most of the
proposed lots are between 4,400 and 6,000 square-feet.
· "The following standards will serve as guidelines for development of the neighborhood
center areas:
a. Most blocks are 300' maximUlll, similar to Old Town.
b. Larger blocks along arterial streets and for traffic calming.
c. Neighborhood Center Commercial area is located at the Y2 mile, not at arterial
intersections.
d. Schools are located mid-section, with frontage along a collector street.
e. Interconnected circulation that is convenient for automobiles, pedestrians, and transit.
f. Variety of housing choices.
g. Housing is arranged in a radiating pattern of lessening densities.
h. Transition between different housing types or densities at alleys.
1. Residents can access neighborhood commercial services without being forced onto
arterial streets.
j. Facilitates more efficient transportation along arterials.
k. Grid street pattern within the neighborhood allows traffic to disperse, eases congestion,
slows traffic, and is safer for residents.
1. Connects to and integrates with the larger street and pathway system.
m. Reduced right.()f-way widths are encouraged.
n. Open space must be provided.
o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be
developed under a Planned Development/CUP application."
Stafffind:,' that the proposed development generally complies with the design standards of a
neighborhood center.
(See Chapter VII, pgs. 97.98, lor the above.mentioned mixed.use policies.)
· "Require that development projects have planned for the provision of all public services"
(Chapter VII, Goal m, Objective A, Action items 1 and 4)
On February 1 (/h, 2UU6, a joint agency and department comments meeting was held with
representatives of key service providers to this property. In that meeting no deficiencies of
public services to serve this property were raised.
· "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
The applicant is only proposing one access point to Chinden Road, an arterial roadway. The
location of the proposed N. Saguaro Hills Way intersection of Chinden Road is supported by
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF MA V 9, 2006
staff, however, it is contingent on City Council's approval of the associated Variance.
application.
· "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter vn, Goal IV, Objective D, Action item 4)
The applicant is proposing to construct a 35-foot wide landscape berm along Chinden Road.
Staffis supportive of this width, as long as the entire buffer lies outside the ultimate right-of-
way.
Stafffinds that the oroiect flenera/lv conforms to the puroose statements and intent of the
Comprehensive Plan. Staff also finds that the DroDosed uses will be harmonious with and in
accordance with the Cumprt:hensive Plan.
8. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists retail store/restaurant!
drive thrul office/ financial institute uses as permitted uses in the C-C zoning district.
b. Pulpose Statement of Zone: The pwpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C-G General Retail and Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed conunercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and pennanent motoring public. All such
districts shall be cOIUlected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached
homes and townhouselS as pennitted uses in the R-8 and R-15 zones
d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. COlUlection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
e. General Off.Street Parking Standards (from UDC 11-3C.S): The following standards shall
apply for otf.street vehicle parking for nOIUl;lsidential uses: In all Commercial Districts the
requirement shall be one (1) SDace for every five hundred (SOO) square feet of I!I'OSS floor area.
f. Structures Subject to Design Standards (11-3A-19.B.5): AU structures on property adjacent to
an entryway corridor (Chinden Road) are subject to the design standards listed in this section.
g. Outdoor storage/refuse areas (1l-3A-12): Outdoor utility meters, HVAC equipment. trash
dumpsters, trash compaction and other service functions shall be incorporated into the overall
design of buildings and landscaping so that the visual and acoustic impacts of these functions
are fully contained and out of view from adjacent propertiClil and public streets.
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CITY OJ' MHRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9.2006
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation
The PP/AZ/CUP application appears to substantially comply with the Unified Development
Code. However, there are :several areas of clarification and some modifications required to both
the site plan, cross access, public road design, and building elevations. Below are several special
considerations for the P&Z Commission to review at the public hearing:
1. AZ Application (AZ-06-003): Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the
Zoning Ordinance, Staff believes that this is a good location for the proposed development.
Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning
Amendment_
The annexation legal description submitted with the application (stamped on 12/9/2005 by
Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
The applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as landscape inigation.
All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development..All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
UDC Il.5B-3D provides the P&Z Commission and City Council the authority to require a
property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Staff believes that a Develooment
Al!reement is necessary to ensure that this prooertv is develooed in a fashion that is consistent
with the comprehensive Dlan desie:nation and does not nel!ativelv imnact nearby properties.
Staff believes that the Development Agreement should include the following provisions:
Non.Residential BuildiDlls: The applicant has requested a maximum of 13,750 square feet of
commercial spaces. Staff proposes to limit the applicant to their request with an allowance of
up to 20% additional commercial square footage (16,500) for more marketable conditions.
The maximum square footage of one single building shall not exceed ~ of the maximum
buildings. The applicant has submitted sample elevations and a materials lif:t for the
conunercial products. Staff supports these elevations and materials and recommends that a
stipulation requiring substantial compliance with these elevations/materials upon
development of the property be included within the DA.
Residential Buildings: The applicant has submitted several elevations for both private street
accessed townhouses and detached single family residential products, as well as a materials
list. Staff supports these elevations and materials and recommends that a stipulation
requiring substantial compliance with these elevations/materials llpon development of the
property be included within the DA.
That the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to
Hightower Subdivision
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CITY OF MERIDIAN PLANNINO DEPARTMENT STAff REPORT FOR THE HEARING DATE OF MAY 9, 2006
be removed from their domestic service, per City Ordinance Section 5-7~517, when services
are available from the City of Meridian. Wells may be used for non-domestic pwposes such
as landscape itTigation.
"That all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development. All future uses shall not
involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general welfare by n:a:;on of exce:ssive
production of traffic, noise, smoke, fumes, glare or odors,
2. pp Application (PP.06-o03): The proposed preliminary plat substantially complies with the
Zoning Ordinance.
Special Considerations:
Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDe 11-
3B.9, a 25-foot wide landscape buffer is required between single-family homes and C-C
zoned property. The UDC requires the land use buffer to be provided by the higher intensity
use and to be located on the building site of the higher intensity use, unless the adjacent and
higher intensity use bas not provided the buffer. The applicant is showing a 20-foot wide
buffer between the commercial area and the proposed townhomes. The applicant should be
required to create a 25-foot wide landscape buffer easement along the lots that abut the
townhouse lots, Said buffer shall contain materials in accordance with UDC 11 ~3B-9 and not
include impervious surfaces such as parking areas or driveways.
Landsc80e Street Buffers: UDC II p2B requires a 35-foot wide street buffer along entryway
corridors. Cbinden Road is classified as an Entryway Corridor. On the submitted landscape
plan, the applicant is proposing to construct a 35-foot wide stred buffer alnng Chinden Road
and the buffer has been placed in a common lot. The applicant has also proposed a 25-foot
landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of
the landscape buffers as proposed.
Private Streets: The applicant is proposing two private streets to serve the alley loaded homes
in Block 9. The applicant has submitted a Private Street application as required by UDC 11-
3F-3. The private street standards are listed in UDC 11~3F. The applicant shall design and
construct the private streets in compliance with the standards listed for Private Streets in
UDC 11-3F Private Streets. See Exhibit B and the Findings in Exhibit D.
Turnaround on Menara Avenue: Per comments from the Meridian Fire Department, the
applicant shall revise the plat to show a temporary rue apparatus turnaround easement at the
terminus ofMenara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234)
to coordinate proper sizing and location of the turnaround.
On-street Parkinll: Per AClID and Meridian Fire Department comments, parking shall be
restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho
the reduced 29-foot street section. Coordinate with ACHD and the Meridian Fire Department
(Joe Silva at 888-1234) for proper signage of the parking restriction.
Direct Lot access to Chinden Road and Jericho Road: Direct lot access to Chinden Road anu
Jericho Road shall be prohibited and shall be noted on the face of the plat.
COIDnwn Drives: Lots.5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and
16, Block 4 shall take access from common drives. Staff has concerns about the
confi2Uration of these lots and the aoolicant should be oreoared to address at the oubhc
hearinli!. bv means of a llI'Rohic illustration. that the drivewavs and narkinl!: pads will be
Hightower Subdivision
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CITY OF MERIDIAN PLANNING DEPA:R.TMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
dcsimed and built in a fashion that allows reasonable vehicular movement to and from the
townhomes.
Cross Access: Because one of the proposed commercials lots does not have frontage on a
public street, the applicant should provide a cross parking/cross access agreement for all of
the lots within the commercial portions of tht: subdivision to use the driveways and parking
aisles.
Chinden Road Access: The applicant is proposing one new access puinllu Chinden Road
(SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden
Road! Locust Grove Road intersection. As noted previously, ITD must issue an access
pennit for this access, and the access is further contingent on the Meridian City Council
granting a variance to UDC 11-3H. lID, AClID, and City of Meridian staffs are supportive
of the location of the proposed access to Chinden Road and the location is consistent with
ITD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, ITD). A
connection to Chinden at the half mile as required by UDC I 1-3H is not practical due to
patterns of development and the proposed location is aligned with the CastIebury Subdivision
entrance across Chinden Road to the north.
Commercial Strcl;ts; UDC 11-2B req~ 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 the north side of W. Hightower Drive. However. the street buffer
easements are not labeled on the plat. The applicant should be required to depict the required
10- foot wide street buffer easements along local roads on the face of the final plat.
Common/ODen SDace: The applicant has a qualified application meeting the requirements of
DUC 11-30. The proposal is showing 18.3% of qualified open space in the residential
district which meets the requirements of a minimum of S% open space.
Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is
showing qualified site amenities as follows: a neighborhood park. open play area, gazebo,
and children's play structure. Amenities are generally located centrally and in common lots.
These common lots shall be maintained by the Hightower Home Owners Association. The
landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided
on the landscape plan.
Ditcheg J .ateraIs and Canals: Per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation
facilities located on site. See Exhibit B below.
Pressure Irrieation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (UDC 11-3A.I 5). 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
smgle-point cotUlection is used, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City Engineer.
An underground, pressurized irrigation system should be installed to all landscape areas per
the approved specifications and in accordance with City Code. See Site Exhibit B below.
FencinlZ: The applicant has not submitted a detailed fencing plan with the applications. A
detailed fencing plan should be submitted upon application of the final plat (UDC 11- 3A- 7).
If permanent fencing is not provided, temporary construction fencing to contain debris must
be installed around the perimeter prior to issuance of a building permit. All fencing should be
installed in accordance with City Code.
Hightower Subdivision
AZ-06-003IPP-06-003/CUP-Q6-004N AR-06-004/PS-06-006 Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
3. CUP Application (CUP-OS-OS2): The proposed Conditional Use request substantially
complies with the Zoning Ordinance.
Refuse/Service Area Screen: UDC Il-3A-12 requires the visual and acoustic impacts of
these functions are fully contained and out of view from adjacent properties and public
streets. The applicant's CZC application must clearly demonstrate how this standard is met.
Parkinll: One off-street parking space required for every 500 square feet of gross floor area.
The propused total building floor area is 13,750 square feet, which requires 28 parking
spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards
of the UDC parking requirements.
Drive Throuw: The applicant has requested approval of the drive through lane on Lot 2,
Block 3 as part of the Conditional Use Permit. Staff finds that it complies with UDC 1l-4~
3.11 and should be approved with the application.
Desil!n Review Standards: UDC 11-3A-19 requires that all structures located on Entryway
Corridors (as identified on the 2002 Future Land Use Map) be subject [0 administrative
design review standards. Chinden Road in this location is an Entryway Corridor, and the
applicant has submitted a Design Review application for concurrent review. Staff' is
supportive of the submitted application with the following conunents:
1. Architectural Character: The submitted sample building elevations conform with
the architectural standards as follows:
· The proposed modifications exhibit fa~de modulations, roof line recesses and
projections along a minimum of 20 % of the length of the fa!rade as required;
. The proposed modifications clearly deI"me primary building entrances and awnings,
windows, or arcades total a minimum of 30% of the fal;lde length;
· The proposed modifications demonstrate roof lines which demonstrate overhanging
eaves, two or more roof planes, varying parapet heights, and cornices;
. The proposed modifications exhibit at least two changes in color, texture and
materials; and
. The proposed modifications screen all ground-level and rooftop mechanical
equipment as viewed from the property line.
1. Color and materials: The submitted building elevations demonstrate the appearance
and use of high quality materials, such as stone and stucco and do not contain
prohibited materials or construction.
2. Parking Lots: No more than 70% of the off-street parking area for the strocture
shall be located between the front facade of the building and abutting streets. The
site currently contains existing parking in front which is 52 % of the total for the
building, and satisfles this requirement.
3. Pedestrian Walkways: Staff fmds that the proposal does not meet the pedestrian
walkways requirements, and changes should be as follows:
. A continuous pedestrian walkway that is a minimum of eight feet in width shall be
provided from the perimeter sidewalk to the main building entrance. The proposal
does not depict this required walkway, and staff finds that the applicant shall
modify the site and landscape plans prior to submittal for Certificate of Zoning
Hightower Subdivision
AZ-06-003/PP-06-003/CUP-06.004N AR-06-0Q4/PS-06-D06 Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR.ING DATE OF MAY 9, 2006
Compliance to include a walkway from the sidewalk along W. Hightower Drive to
the building which complies with this requirement. The walkway shall also be
distinguished from the vehicular driving surface through the use of pavers, brick,
or colored/scored concrete.
4. Variance Application (VAR.06-006):
Section 1l-3H~3 of the UDC does state that the City Council may consider and apply
modifications to the standards of Article H upon specific recommendation of the Idaho
Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct
access from this development to US-20/26 will be allowed as established by the Access
Management Plan developed by the City of Meridian and ITD. Access will be allowed to US~
20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made
aware that in conjunction with said Access Management Plan., the long term future of Jericho
Road may be restricted to Right.inlRight-out or closed." There are physical characteristics of
the site which demand access points be constructed that are more unique or different than
other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road
is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed
entirely in the future. If access to Chindcn Road were not granted, it is possible that in the
futW"e the access to this development may be eliminated if Jericho Road was the only access
point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing
traffic conflicts due to the increased number of vehicles that will need to merge with existing
traffic. However, the proposed alignment ofN. Saguaro Hills Way is preferred to the existing
aligmnent of Jericho Road, because it lines up with an existing access on the north side of
Chinden Road, Castlebury Avenue.
9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUPNAR
applications substantially conform with the adopted Comprehensive Plan policies and UDC
standards. Provided that concerns raised herein can be addressed at the public hearing, we
recommend approval of the AZiPP/CUPN AR applications with the conditions shown in Exhibit
B.
10. EXHIBITS
A. DrawingslMaterialslPhotos
1. Preliminary Plat (dated January 12, 2006, Revised 3-22~06)
2. Landscape Plan (dated March 8, 2006)
3. Site Plan (dated March 9,2006)
4. Materials List
S. Proposed Elevations (no date)
B. Legal Descriptions
C. Conditions of Approval
1. Planning Department
2. Public Works
3. Fire Department
4. Police Department
Hightower Subdivision
AZ-06.003/PP.06-003/Cup.06..004N AR-06.004/PS..o6-006 Page 13
---------.-
CITY OF MERIDIAN PLANNING DEPAKTMENT STAFF REPORT FOR THE HEARlNO DATE OF MAY 9, 2006
5. Parks Department
6. Sanitary Services
7. ACHD
D. Required Findings from UDC --
I. Annexation
2. Preliminary Plat
3. Conditional Use Pennit
4. Variance
S. Private Street
Hightower Subdivision
AZ-06-003IPP-06.oo3/CUP-Q6--004N AR-06.004/PS.06-006 Page 14
CITY OF MER.IDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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~ . Condlllonal Use Site Plan
, MeIIdlan, Idaho
Exhibit A Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9. 2006
Exhibit A4: Materials List
Commercial Materials List
I; Stucco exterior walls
~ Architectural compQsition shingle roof or tile on pitched roof areas
l; Built up roof on flat rool areas
~ Alumirlum/Gla5s storefront doors and windows
~ Canvas Awnings
~ Rock/Brick/Wood detailing
l; Concrete or Brick walks
~ StrIped asphalt drives and parking areas
~ Professionally landscaped perimeter and interior planter areas
Residential Materials Ust
~ Composition Shingle Roof - Architectural grade and abovi!
l; Horlzontallap siding (wood or similar product type) or combination
of lap siding and stucco
~ Rode, Brick or Wood detailing
~ Vinyl or Wood windows
~ Wood or Stucco trim
~ Concrete or Brick walks
~ Concrete driveways
l; Wood fascia
l; Wood railings
l; Aluminum or Copper gutters
l; Grass mow strip
Ii. Advanced caliper tree in front yard
Exhibit A Page 5
CIn Qt- Mt:KIDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9,2006
Exhibit AS; Proposed Elevations (no date)
Exhibit A Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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Exhibit A Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit A Page 8
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CITY OF MERIDIAN PLANNING DEPAR.TMENT STAFf REPOR.T fOR THE HEARING DATE OF MAY 9,2006
Exhibit A Page 9
- ----.....~--=~-:-.=...-=----.-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF MA Y 9, 2006
Exhibit A Page 10
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit A Page II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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Exhibit A Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9. 2006
Exhibit A Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit A Page 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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Exhibit A Page IS
CITY OF MERIDIAN l'LANNINO DEPA.RTMENT STAFF REPORT FOR THe HEARING DATE OF MAY 9, 2006
Exhibit A Page 16
CITY OF MERIDIAN PLANNING DEPARTMeNT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit A Page 17
CITY OF MERIOIAN PLANNINQ DEPAR.TMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit A Page 18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
Exhibit B: Legal Description. Subdivision
FOX Land Surveys, Inc.
411I DIMrIand .... .,.. 111a IJ. ..... ..... IJ. 8310S lit. 2D8..JO.7H7 IJ. -..342-7437 FAX
. ANNEXA110N DESCkr,fUN
A PoimoN OF THE NoR1'tfwEsr" OF lHE NoImtEAsr % OF SEcnoN 30, TOWNsHIP 4
Normt. RANGE t EMT. Boa ~ AMCouNn. IDAtfO
A PortIon of the North_est 14 of.. Narthaast % d SecIIDn 30, TCNInlIh/p 4 North.
RlwVe 1 East. BoIse Meridian. Ada Cour4y. Idaho. men pertfcuIa1y described as
faf,owe:
Beglmlng at a bn:t Brass Cap UOrunent martcing Ihe NarII Elallt Carner of Section 30,
from WhIch a found Brass Cap ManumentmMclngthe Nanh" Comerthereofbear& North
88"51'46" West, 8 cIstance of 2.&33.96 feel;
thence akqj the Nur1hef1y boIniafy 01 5ection 30 ... the Center fine of StIIt8 Highway
2CVl8. Nortt 89'"51'45" West. a ....Kle d 1,341.9<<tfeet tD iIs .1IlnecIion with tho Center
""' ~ JerIchO Roed, the TRUE POINT OF ac~I"G;
thence along Ihe CenIIer line 01 Jericho Road. SouIh 00"29''' West, a distarQ d849.36
feet 10 Its intetsedlan with Ute EasIBrIy praIongation ~... common bamdary of property
deIaibed in W8fr8Ity Deed Instrument MMlbw8D43851 end rerao.... Reprell B ..Ii....
Deed IrlsIrun.nt Ntmbw' 104154997;
thence along said ~, endco.l.'~' bound8y. Narth89'"O'3O' WasI, a dlstanoe
of 616.66 feet to Ihe begming d 8 CI.IW to Ihe IefI;
thence along said ctne to the left havfng alenglh 0131.42 felt, a radius of 20.00 feet, a
ClInInII angle of 90"00'00"', "1981* of 20.00 reet, and 8 long c:I1ofd which beers South
46"16'30" W88t, a di8Iance of 28.2B feet II>> . focnf 4 Inch Iran pipe nBking the North-
WeIt-NonheaSt 11M" comer fA Ssdian 30;
thence continJing aIang Ch8 coomon IlcIlnBy of praperty dell1cribed WI Will I dl4t Deed
Inettument Nt.mber 8843851 ... W81WIly Deed InlitnanMt IUnber 104154997, South
0001.'5D" West 8 dlstlmee of 8&0..56 feet 10 the CanIer-West-Ncll1t a Elll 11&4" COIl1EIf" of
Sec:lIan 30 and Ihe Easterly CXIR& ClOIhI.oOft ID ......, cIelIooibed in Personal
ReIM II h ..... Deed IrwIrunenl ...... 1041549lJ7 ..s ~_18I Representatives
DNcl Instrument Nwnber 104183846;
thInce along the NDIth 111S- line d SedIan 30 ... Ihe WII,..lUI1 boundary of said
pI'OIMrtIes. Nofth ar56'42" West. a <isIa1ce d858.63 feet to'" CentliIr.North 1/1611I
COfJM" af Section 30;
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9. 2006
thence along Ihe North-South Center line of Sectioo 30. North 00'"30'27" East, 8 distance
of 857.63 feet to a founcl5l81nd1 rebar with pIa&tIc cap 8IaJ1ped -PLS 411 tr marking the
Wwtwfy comer c:ommon to property desa1bed in PerscnaI RepresenI8tJves Deed
Instrument NmIber 104154997 end Werranty Deed InsIrument Number 102036999;
thence along the common baundIry of said propertiee, 80uIh 89'"49'56" East, 8 disIaooB ct
soaee feel to 8 found " Inch rebIIr with no cap marking an angle point in ssid boundery;
thence continuing aJong the c:ommon boundary of ph.._l" de8c:rIbed In P8f'80nal
ReprsssntatlYea Deed InstIument Number 104154897 Iftd Wananty Deed Instrument
Number 102036099, North 00044'44- Eat, a dlatanceof432.00feetto a found 112 inch
rebIr with no cap marking the rutherIy conmon cornerlhereaf, on the Southef1y RJstrt~
Way of State Highway 20126;
1henl:lo North 00"08'18' Eut, 8 diltance or 40.00 feet ID. paint an the NclfU1ef1y ~
d SIctJan 30 and the center line rI State Highway 20128;
thence along said bowldary Ind Center line. South 89"61'.-s- e.t. a dlatance Qf786.78
feet to,.. to the TRUE POINT OF BEGINNING;
Cont8Wltng 1,046,952 ...-el'8et, 24.034 8CRJS, more ar Ie88.
Refer to alt&ched 8ketch.
FClIlC L.In:t Swvep, Ino.
TmtJIhy J. Fax. Presid8nt, PLS 7612
END 0' DUCBIPTION
:V~~At-.....
J.~.~I 11 2006
MERIDIAN PUSUO
wORK9 DEPT.
TJF:t4
w~.j 1I.'3IOM5-064~
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT fOR THE HEARING DATE OF MAY 9. 2006
lOT 2, 81.00< 1. BlYTHE ESTATES
~n_tIIS7M
PROP NIF I'ftI!HD!Hl' WlHERAN cmRaf
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CITY Of MERIDIAN PLANNING DEPARTMBNT STAff REPORT FOR THE HEARING DATE OF MAY 9, 2006
FOX Land SUIVey., Int:.
--. 0MrI8nd Rd. ..... 182 b. ....-. ID Ii 83705 to 2DlH4a:fle' A 1O&-34ao7437 FAX
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CC REZONE DESCRIPTION
A PoImON OF THE NORTHWEST ~ OF THE NORTHEAST V. OF SEC110N 30. TOWNSHl" 4 NORTH,
RANGE 11!AsT, BoIsE MERIDIAN. ADA CouNrY,lDAHo
A Portion of the Northwest % of the Northeast % of Section 30. Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho. I1lClI'e particularly descrIbed as
folkJwaj
Beginning at a found BI'8S& Cap Monument maridng !he NCII1heasl: Comer of Section 30,
from which El found BrEl$8 Cap Monument marking U'Ie North % Comer thereof b81n North
89051'4150 West, a distance c:A 2,633.96 feet;
thent!e along the Northerly boundaty of Section 30 and the Center line of State Highway
20126, NOI'th 89051 '-450 West, a distance of 1,697.59 feet to the TRUE POINT OF
BEGINNING:
thenCe South 00016'30" West, a distance of 371.75 feet to a point;
thence North 69.43'30" West. a distance of 4a3.76 feet to 8 point on the common
boundary of property described in Personal Repreeentstives Deed lnsll\lment Number
104154997 and Warranty Deed Instrument Number 102036999;
thence 8long the common boundary of said properties and the Northerly ellIBnSlcln thereof,
North 000+1'440 East, 8 distenc8 or 370.72 feet to its lntensecIIon with the Center line of
State Highway 20f.26;
thence along said Center line, South agoS1'45" East, a distance of 430.72 feet to the
TRUE POINT OF BEGINNING;
Containing 160,459 square feet, 3.683 acres, more or less.
Refer to attached &ketch.
Fox Land Surveys, Inc.
Timothy J. Fox, President, PLS 7612
END OF DESCRIPTION
T JP;tIj
w~S'W)s.064.1'1J~~I~.4ac:
Exhibit B Page 5
CITY OF MeRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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N 00"30'27" E 657.63'
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JBRICHO R.OAD
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CITY OF MERIDIAN PLANNINO DBPARTMENT STAt'f'. REPORT fOR THE HEAfUNO DAHl Of MAY 9, 2006
FDX Land Survey., Inc.
...... Overhmd lid, aTE 1. AIIGis&, aD A 83105 A 2GI 3Q.1UJ A 2I)8..3G.T43T FAX
R8 REZONE DESCRIPTION
A POR11ON 01' THE NORTHWEST % OF THE NORTHEAST Y. OF SeCTION 30. TOWNSHIP 4 NORTH.
RANGE 1 EAST. BoISE MERIDIAN. ADA COUNtY. IDAHO
A Portion of the Northwest ~ of the Northeast % of Section 30, Township 4 North.
Range 1 East, Boise Meridian, Ada County, Idaho, more psrtlcular1y described 8S
follows;
Beginning at a found Br88$ Cap Monument marking th. Northeast Comer of Section 30,
from which 8 found Brass Cap Monument marWng the NOl1h v.eomer thereof be8r8 North
89051'45. West, 8 distance of 2,833.96 feet;
lhenc:e eIOng the NortheI1y boundary of SectIOn 30 and the Center line of, North 89"51'45"
West, a distance of 2,833.98 feet to a found Braa Cap Morunent marking the North Y4
Comer thereof;
ther\Ce along the North South center line of Section 30, South 00"30'27" West, 8 distance
of 471.72 feet to lil found 518 Inch rebar mafidng the Weeter1y com<< c:omman to property
described in Pel1lOl1sl Repreaentatlves Deed ~ Nt.mber 1041S4Se7 end WelTrJnty
Deed Insttument Number 102036999, the TRUE paNT OF BEGINNING;
thence along the common boundary thereof. South 89"49'56" Eat, a distance of 503.68
feet to an angle point In the common boundary of said propertlea;
thence 8Iong the Southerly projection of the NOfth.-Sauth cammon bOundary of property
described In Personal Re~Uvee Deed INtnJment tunber 104154997 and Warranty
Deed Instrument Number 1 02036999, South 00.44''''. Weal, a c:ll8ta1oe of 175.51 teet to 8
point;
~nce South 89045'1 cr Eaet, a dlunce of 172.58 feet to the beQinnlng of s non-tangent
(lUNe to the left;
thence along said curve to the left having a Isngth of 31.42 _ a redl... of 20.00 feet, a
central angle of SOOOO'OO". tangents of 20.00 feet. and a long chord which bears South
45"16'30" West, 8 distance of 28.28 feel to a point of non-tangeney and the Northwe9t-
Northeast 1164~ comer of Sectlon 30, marked by a foU'ld .. Inch iron ptpe;
thence aIona the West-East 1164'" line of Section 30, South 00"14'60" West, a dislance of
660.55 feet to the Center-West-NortheaSt 1164111 comer thIreof;
thence along the North 1/16'" line of SectIOn 30, NOfth B8"66'~ west, III distance of
658.83 feet to tI'Ie Center Nann 1t16'" comer of 5actIon Jet.
Exhibit B Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF MAY 9, 2006
tl"ler'lCd along the Nofth..South center line of Sectiol'l30, North 00"30'27" East. a distance of
857.63 feet to the TRUE POINT OF BEGINNING;
Containing 538,166 square feet, 12.308 acres, more or less.
Refer to attached sketch.
Fox land Surveys, Inc.
Timothy J. Fox. President, PlS 7612
END OF DESCRIPTION
Exhibit B Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
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CITY OF MERIDIAN PLANNING DEPAIUMHNT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
FOX Land Surveys, Inc.
..... w ~ Rd. en '.4 .......'11 A 1A71H1 A ~7H7 Ii 20.~.7437 FAX
RiB ReZONE DESCRIPTION
A PoImoN OF THE Notmtwar % OF 1ME NoR1'H!A8T % OF 8ECTIoN 30. TOWNSHIP 4
NORTH, RANGe 1 EAsT. BoIsE IIERIDlAN. ADA CouNTv,IDAHO
^ Portion of the Northwest ~ of the Northeast % of Section 30, T <M/l'Ishlp 4 North,
Range 1 East, Bolae Meridian, Ada County, Idaho, more particularly described as
tolOWl;
Beginning at a found Brass Cap Monument marb1g the Northeaat Comer of Section 30,
from which a found Brase Cap Monument marking the North % Comer thereof bear& North
89"51'45" West, a distance of 2,633.96 feet:
thence along the Northerly boundary of Section 30 and lite Cen1er line of State HiQhway
20126, Notlh 89061'4{j-W88t,adilt8nceof 1 ,341.98 feet to its irJtarsection with the Center
line of Jericho Road the TRUE POINT OF BEGINNING;
thence atong -":I Cem.;,r line, Suuth 00"29'46- WO&t, a dllRanoe of a4lJ.30 feet to its
IntenIecIIon with B line 20.00 feet North Of the North.NorttJ 1164111 Jine of s.ctlon 30;
thence along a line 20.00 feet North of and peralJel with Hid 1J84l111lne, NOIth 89843'30'
West, a distance of 616.58 feet to II point;
thence North 89046'10" West. a distance of 172.58 feet to Its infer8eetion with the
Soulherty projeetion of the ccmrnon North-South boundary of property described In
PeIIon8I Representatives Deed Instrument Number 104154997 and Wananty Deed
II18In.ment Number 102038999;
thence eIong said projection and boundary, Nofth ooo44'44"EaIt, a distance of 276.85 feet
to 8 point;
thence South 89"43'30' East, a distance of 433.76 feet to a point;
thence Nanh 00018'30" East. II diltance of 371.75 feet to a point on the Center line of
state Highway 20126:
thence along said Center line, South 89"51 '''6'' East, a dlsbance of 355.61 feet to the TRUE
POINT OF BEGINNING;
COntaining 350,318 square feet, 8.042 acres, more or...
Refer to attached sketoh.
Exhibit B Page 10
CITY OF MERIDIAN PLANN(NG DEPARTMENT STAFF REPORT FOR. THE HEARING DATE OF MAY 9, 2006
Fox Land Surveys. Inc.
llmothy J. Fox, PfeSident, PLS 7612
END OF DESCRIPTION
T1F~
W:~.~RI5(3..I44S).doc
Exhibit B Page 11
CITY OF MER.IDIAN PLANNING DEPARTMENT STAFF REPORT FOR tHE HEARING DATE OF MAY 9, 2006
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Exhibit B Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9.2006
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Rerotl8 Plan
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Exhibit B Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR.ING DATE OF MAY 9, 2006
C. Conditions of Approval
1. Planoing Department
SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption),
and the developer. The aoolicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiat~
this orocess. Staff recommends that the COnmllssion and Council direct the City's Legal
Department to draft a development agreement for Hightower Subdivision as follows:
1. That all future development shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental to
any penoons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
2. That all future development of the subject property shall be consistent with
the applicant's conceptual plan unless otherwise modified by other
provisions of the DA
3. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
4. That the future uses and lots on this site shall conform to the District
Regulations and Allowed Uses contained in the Unified Development Code
(UDC), in effect at the time of uevelupmeut.
5. That the applicant will be responsible for all costs associated with the sewer
and water service extension.
6. That any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian.
Wells may be used for non-domestic pwpose:s such all landscape inigation.
7. That prior to issuance of any building permit, the subj ect property be
subdivided in accordance with the City of Meridian Unified Development
Code.
8. That development of the commercial lots shall comply substantially with the
submitted CUP site plan dated March 9, 2006 and the sample elevations and
materials list in Exhibit A of the staff report for the hearing date of April 6,
2006.
9. That development of the residential lots shall comply substantially with the
submitted sample elevations and materials list in Exhibit A of the staff report
for the hearing date of April 6, 2006.
10. The aODlicant shall olace five gallon arborvitae at four feet on center along
the shared Drooertv line of the adiacent proDertv to the west owned bv Tom
Buuck.
11. The homes on Lots 2. 3. 4. and S of Block 10 shall be limited to 25 feet in
~
12. That the aUDlicant consents to the vacation of Jericho Road. and that the
owner auces to submit an aDulicaCion for Vacation or Excbanl!e of
Ri~ht-of-wav for Jericho Road to the Cltv of Meridian and to the ACHD
prior to or concurrent with submittal of a final DIat aooUcation.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
SITE SPECIFIC REQUlREMENTS-PRELIMlNARY PLAT
1.1.1 The preliminary pla.t prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is
approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation and Zoning (AZ-06-003) and Conditional Use Permit (CUP.Q6-004) applications
shall also be considered conditions of the Preliminary Plat. The auulicant shall remove two
townhouse lots and ensure that aU lots meet the frontage reauirements of the zone (see
Condition 1.1.5 below).
1.1 .2 Create an open space easement for the required 25-foot wide landscape buffer along the east
boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with
UDC 11-3B and not include impervious surfaces such as parking areas or driveways.
1.1.3 The landscape plan prepared by The Land Group, labeled Sheets Ll.l, is approved with these
applications. A landscape plan consistent with UDC 11-3B shall be submitted with the fInal plat
which reflects any changes made to the preliminary plat to redesign the subdivision consistent
with approved access points.
1.1.4 The applicant shall construct along Chinden Road a landscape benn and wall consistent with the
requirements contained in the letter from Sue Sullivan, lID, dated February 13, 2006_
1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14,
Block 6 in order to comply with UDC 11...6C-3D regarding common drives. The revisions shall
be submitted to the Planning Department no later than 10 days prior to the City Council hearing
on the applications.
1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision
Business/Home Owners Association(s).
1.1.7 Per ACHD and Meridian Fire Department comments, parking shall be restricted on Mcnara
Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29-foot street
sectioJL Coordinate with ACHD and the Meridian Fire Department (Joe Silva at 888-1234) for
proper signage of the parking restriction.
1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a
temporary fIre apparatus turnaround easement at the terminus of Menara Avenue. Contact the
Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the
turnaround.
1.1.9 Lots 5,6,7,8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take
access from common drives.
1.1.10 The applicant shall revise the plat to depict the required 10-foot wide street buffer easements
along the north side of W. Hightower Drive on the commercial lots.
1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed
from the site.
1.1.12 Provide cross access/cross parking easements for Lots 2,3, and 4, Block 3. All cross access drive
aisles shall only approach the ACHD approved points of access to the public street system.
Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final
plat, AND/OR in a document such as CCR's.
1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the
possibility of acceleration--decelemtion lanes on Chinden Road as referenced in the letter from
ITD dated March 30,2006.
1.1.14 The applicant shall add a note to the face of the plat that references the Right to Fann Act.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the
fInal plat restricting access to Chinden Road and Jericho Road.
GENERAL REQUlREMENT5-PRELTh1INARY PLAT
1.1.16 Sidewalks sha.ll be installed within the subdivision and on the perimeter of the subdivision
pursuant to City Code.
1.1.17 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff.
1.1.18 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non.vegetatcd
surface materials shall not be used in open space lots, except as permitted under UDC 11.3A-18.
If the stonnwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final constructioIL
1.1.19 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.1.20 Any tree over 4" in caliper that is renwved from the property shall be replaced by installing
additional trees, being tbe equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.1.21 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled, unless otherwise
approved by the Irrigation District(~). Plans will nl;C(\ to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written approval or
non-approval submitted to the Public Works Department. If lateral users association approval can
not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final
plat signature.
1.1.22 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.1.23 PreliminaIy plat approval shall be subject to the expiration provisions set forth in UDC 11-6A
STIE SPECIFIC CONDITION5-CONDITIONAL USE PERMIT
1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the
commercial lots shall comply substantially with said plan.
1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 11-4-3.11 and is approved.
1.1.26 Any roofwmounted mechanical equipment will be screened from view from any public right-of-
way. The applicant shall submit drawings at the time of CZC submission that demonstrate this
condition is complied with.
1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-ll.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINQ DATE Of MAY 9, 2006
1.1.28 Comply with UDC I I-3A-12 regarding a screen for the refuse/service area.
2. Public: Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro
Canyon. The applicant shall install all mains necessary to provide service; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The
applicant shall coordinate with the Public Works Department for an acceptable solution to this
pcublem.
2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon
Subdivision and Jericho Road. The ttpplicant shall be responsible to install water mains to and
through this development, coordinate main size and routing with Public Works. The applicant
shall execute standard forms of easements for any mains that are required to provide service.
2.4 The water main that is being run from Jericho Road that is being proposed as an eight-inch shall
be upsized to a 10-inch, routing of such shall be coordinated with the Public Works Department,
and shall include a IO-inch stub to the property to the west.
2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4.19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to constnlction plan approval. The detailed agreement
with the reimbursable amoWlt shall be approved by COWlcll prior to plat signJlture_
2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50-feet.
Minimum lot frontage for these lots shall be SO-feet.
2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas and private
strt1t:ls. 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 COlUlties 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 Inj ection Wells.
2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure
inigation system in this proposed development. Since it is to be maintained as a private system,
plans and specifications will be reviewed by the Public Works Deparbnent as part of the
c0115truction plan review. A "dr4l\ copy" of the opeIations and maintenance manual will be
required prior to plan approval with the "final draft" being required prior to final plat signature on
the last phase of this project.
2.10 The City of Meridian requires that pressurized inigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should he 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-paint connection is utilized,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAtE OF MAY 9, 2006
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by tbe City Engineer.
2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the
fmal plat by the City Engineer.
2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic
rated material per City of Meridian Standard Specification 7.05(W).
2.14 A ten-foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all
rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along
public and private right.of-ways the width shall be sufficient to allow for 10 feet past the edge of
the sidewalk.
2.15 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4a8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.16 All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and collliguous to the area being subdivided shall be tiled per ODe 11p3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
Iflatera1 users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.18 A letter of credit or cash surety in the amount of 110% will be required for ail uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.19 All development improvements, including but not limited to sewer, fencing, IDicro.paths,
pressurized inigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.20 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.21 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.23 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.24 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.25 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered. backfill, where footing would sit atop fill material.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9. 2006
2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spacei:l ufhomcB iB at leaBt I-foot above.
2.27 One hundred watt, high~pressure sodium streetlights shall be required at locations designated by
the Public Works Dcpa.rtment. All streetlights shall be installed at l:Iubdividcr's expcn;sc. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
3. Meridian Fire Department
I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
tor duration 01"2 hours to service the entire project. Fire hydrants shall be placed an average
of 500 feet apart. International Fire Code Appendix C.
2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department
and water quality by the Meridian Water Department for bacteria testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall Dot face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Publio Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the !Fe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
4. The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
5. All entranoe and internal roads and alleys shall have a turning radius of28' inside and 48'
outside radius.
6. All common driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
7., Provide a 2Q.foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
8. For all Fire Lanes, provide signage ''No Parking Fire Lane".
9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
CITY OF MSJUDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9.2006
I I. Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
12. To increase emergency access to the site a minimum of two points of access will be required
for any portion of the project, which serves more than 50 homes. The two entrances should
be separated by no less than Y2 the diagonal measurement of the full development.
13. Building setbacks shall be per the International Building Code for one and two story
construction.
14. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is 20'
wide. Streets with less than a 29' street width shall have no parking. Streets with less
than 33' shall havt: parking only on one side. These measurements shall be based on the
face of curb dimension. The roadway shall be able to accommodate an imposed load of
75,000 GVW.
15. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be pIact:d per
Appendix D.
16. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
17. Maintain a separation of 5' from the building to the dumpster enclosure.
18. Provide a Knox box entry system for the complex prior to occupancy.
19. The first digit of the Apartment/Office Suitt; shall correspond to the floor leveL
20. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
21. All portions of the buildings located on this project must be within 150' of a paved surface
as measured around the perimeter oftbe building.
22. Provide exterior egress lighting as required by the International Building & Fire Codes.
23. Where a portion of the facility or building hereafter constructed or moved. into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route aroWld the exterior of the facility or building, on-site fire
hydrants and mains shall be provided where required by the code official. For buildings
equipped throughout with an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet
(183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
24. There shall be a fire hydrant within 100' of all Fire Department colUlections.
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
25. Alleys that serve mews shall be at least 24-feet wide.
26. Buildings or facilities exceeding 30 feet (9 I 44 nun) or three stories in height shall have at
least three means of fire apparatus access for each structure. (Remoteness Required)
4. Police Department
1. The proposed plat and/or site design encourages high. speed, cut-through traffic. The
applicant shall work with the Ada County Highway District to provide traffic calming
design to decrease travel speeds on W. Saguaro Hills Drive.
2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in
height if solid fencing is used.
3. The loading areas shall be separated from all public parking areas.
S. Parks Department
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (DDC 11-38-10) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (UDC 11-38-10) will be
followed.
6. Sanitary Service Company
I. No conunents received.
7. Ada County Highway District
CITY Of MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
7. ACBD
District Policy 7207.9.3 restricts residential driveways to a maximum width of 20.
feet.
.. local Residential driveways are to be construc:ted not more than 2.0 feet wide,
paving them the entire width and no less than 30-feet Into the site.
:l> ACHD understands direct lot access for certain lots in block 5, 6, 7, and a may
not be able to meet district Offset pOlicy and are approved as proposed.
c. Site Saeciflc Conditions of ADproval
1. Construct West Hightower Drive in alignment with Newberry Street, a 3D-foot wide
curb return type access IntersectIng Jericho Road, approximately 2BS-feet south of
State Highway 20/26, on the opposite side of the street.
2. Locate West Hightower Drive as proposed, approximately 2aO-feet north of the
southeast property line (property line to centerline) to appro)(imately 110~feet
north oFtha southwest property line (property line to centerline).
3. Construct West Hightower Drive as a 40-foot street section within 54-feet of right-
of-way; complete with vertical curb, gutter, S.foot attached or 7~foot detached
sidewalk. Any additional direct lot access In this area other than specific approvals
In this application are prohibIted and will be requIred to be noted on the nnal plat.
4. LDcate a northern access from West Hightower Drive to the commercial
development approximately 220-feet ea~t OF North Saguaro Hills Way (centerline to
Cet'ltenlne) .
5. Locate North Saguaro Hills Way In alignment with Castlebury Avenue,
approxImately aD-feet east of the northwest property line, transltlonlng south, past
the Intersec;tion with West HIghtower Drive, to where It stubs 12Q-feet west of the
southeast property line (property line to centerline).
6. locate the western access from North Saguaro Hills Way to the commercial
development on the east side of the road approximately 170-feet south of State
Highway 20/26 (centerline to centerline).
7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 4Q.foot
street section within 54-Feet OF right-OF-way; complete with vertical curb, gutter and
sidewalk.
8. Construct North Saguaro Hills Way, from approximately 310-feet south of the north
property line where It Intersects West Hightower Drive, south to stub at the south
property line (Ioc~ted apprOXimately US-feet west ofthe southeastern property
line) as a 36-foat street section within SO-feet of right-of-way; .:;omplelt: with rolled
curb, gutter clOd sidewalk.
10 Hightower Preliminary Plat
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
9. Construct JerIcho Road as one halF of a 40-foot street section with vertical curb,
gutter and 5-foot concrete sldewCllk; additional direct lot access in this area, other
than the specific approvals In this application, ~re prohibited and wIll be required to
be noted on the final plat.
10. Dedicate a total of 27~feet of Right-of.WaV from the centerline of Jericho Road to
the new property line.
11. Locate West Hightower DrIve intersecting Jericho Road approximately 2aS-feet
south of the north property line (property line to centerline) aligning with Newbeny
Street adjacent to the sIte.
12. Locate three 29.foot street sections within 42-feet of RIght-oF-Way as proposed:
a. Praia Way. located Z80-feet west of the east property line (property
line to centerline), as a 29-foot street section within 42-feet of Right-of-
Way.
b. Rail To Street, located 2BO-feet to 170~teet west of the east
property line (property line to centerline), as a 29-foot street section
within 42-feet of Rlght-or.Way.
c. Torre Way, located 170-feet west or the east property line
(property line to centerline) and running north, as a Z9-foot street
section termInating with a turnaround
1.3. Loalte the seven stub streets in alignment with other existing streets In the
adjacent subdivisions are attached to this report. ACHD's 'DDraval is continaent on
actual alf9nments.
A stub street shall be designed to slope towards the street Intersection
and drain surface water toward that Intersection and have a sIgn statIng,
"This street will be extended In the future."
Locate the Internal local roadways with stubs as proposed. The District
may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
a. The location of West HIghtower Drive
A stub street to the west property line located approximately 330-feet
south of the north property line (property line to centerline). This stub
street Is anticipated to serve the S-aere parcel located directly to the
west. District staff Is supportive of the applicant's proposal. Due to the
fillet thOlt the proposed litub street will be I~$s than lSO-.f~et in depth,
the applicant will not be reqUired to construct a temporary turnaround
at the terminus of the roadway.
b. The location of North Menara Avenue
A stub street to the south property 1il'1e located approximately SiO-feet
west of the east property line (prop~rtv line to c@nterllne). Thl!; stub
11
Hightower Preliminary Plat
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
street is anticipated to serve the S-acre ptlrcel located directly to the
south. District staff Is supportive of the applicant's proposal. Due to the
fact that the proposed stub street will be less than lSD-feet in depth,
the applicant will not be required to constnJct a temporary turneround
at the terminus of the roadway.
C. Th@ location of West Milcau Street
A stub street to the west pro~erty line located approximately HO-feet
south of the north property line (property line to centerline). This stub
street Is anticipated to serve the g.~-acre parcl!!l located directly to the
west, Blythe Estates 1993. District staff Is supportive of the applicant's
proposal. Due to the fact that the proposed stub street will be Jess than
150~feet In depth, the applicant will not be required to construct a
temporary turnaround at the terminus of the roadway.
d. The location of North Saguaro HlHs Way
A litub street to the south propeny line located approximately 1l0-feet
west of the east property line (property line to centerline). This stub
street Is anticipated to serve the 55-acre parcel located directly to the
south, Saguaro Canyon Subdlvililon * 3 200S. DIstrict staff Is supportive
of the app"~nt's proposal. Due to the fact that the proposed stub
street will be less than ISO-feet In depth, the applicant will not be
required to construct a temporary tumaround at the terminus of the
roadway.
e. The location of North Tashkent Avenue
A stub street to the north property line located approximately 110.feet
east of the west property line (property line to centerline). This stub
street is antidpated to serve the 5-ac:re pan::ellocated directly to the
north. District staff Is supportive of the applicant'S proposal. Due to the
fact that tlu! proposed stub street will be less than lS0-feet in depth,
the applicant will not be required to construct a temporary turnaround
at the terminus of the roadway.
f. The location or Tallinn Street (west)
A stub street to the west property line located approximately lOO-feet
north of the southwest property line (property line to centerline). This
stub street Is anticipated to serve the parcel located directly to the west,
Blythe Estates 1993. District staff is supportive of the ~pplicant's
proposal. Due to the fact that the Proposed stub street will be less than
lSD-feet in depth, the applicant will not be required to construct a
temporary turnaround at the terminus of the roadway.
g. The location of Tafllnn Street (east)
A stub street to the east property line located apprOXimately lOO~feet
north of the southeast property line (property line to centerlfne). This
stub street Is anticipated to serve the approximately 4.6 acre parcel
located directly to the east. District staff Is supportive of the applicant's
12
Hightower Preliminary Plat
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
proposal. Due to the fact that the proposed stub street will be less than
lS0~feet In depth, the applicant will not be required to construct a
temporary tumaround at the terminus of the roadway.
14. Locate two prlvilte alleys 125~feet south of West Macau Street (centerline to
centerline) and U5-feet north of West Tallinn Street (centerline to centerline).
15. Construct a tul~de~sac turnaround with island at the terminus of North Torre Place,
approximately 130-feet north of West Hightower Drive (near edge to centerline)
with a minimum 29.foot pavement surface ,surrounding the island and a minimum
45-foot tumlng radius around the Island.
16. The location of the Island located in block 2, lot lis approved as proposed. The
hlghwey district requests th!i! dedication of Block 2, lot 1 to preseNe the Right-of.
Way for this partIcular Island.
17. Construct Local all Residential driveways not more than 20 feet wide, paving them
the entire width and no less than 3D-feet Into the site.
18. Direct lot access for certain lots In block 5, 6, 7, and 8 m"y not be able to meet
district offset poliCY and are approved as proposed.
19. Provide a letter from IrO outlining their requirements; ACHD will require the
applicant to satisfy those requirements as well.
20. Comply with Section D, Standard Conditions of Approval.
13
Hightower Preliminary Pial
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR. THE HEARING DATE OF MAY 9, 2006
D. Stand~rd Conditions of ADbroval
1. Any existing Irrigation facilities shall be relocated outside of the right~of-way.
2, Private sewer or water systems are prohibited from being located within any ACHD roadway
or rlght-of.way.
3. AU utility relocation costs assoeloted with Improving street frontages abutting the Site Shall
be bome by the developer.
4. Replace Clny existing damaged curb, gutter and sidewalk and any that may be damaged
during the constructlon of the proposed development. Contact ConstructIon Services at
387.6280 (with file number) for detai's.
S. Comply with the Olstric;t's Tree Planter Width Interim Polley.
6. Utility street cuts In pavement less than nVe years old are not allowed unless approved In
writing by the District. Contact the District's Utility Coordinator at 387~62S8 (with file
numbers) for details.
7. All deSign and constNctlon shall be in accordance wlth the Ada County Highway District
Policy Manual, ISPWC Standards IInd IIpprvved supplementlJ, C<)ostrud;lon Servltol!ls
procedures and all applicable ACHD Ordlnana1S unless IlIpeclflcal/y waived herein. An
engineer registered In the State of Idaho shall prepare and certify' all'mprovement plans.
8. The applicant shall submit revised plans for staff approval, prior to Issuance of building
permit (or other reqUired permIts), which Incorporates any required design changes.
9. Construction, use and property developm..nt shall be In conformance wit/'! all appUcilble
requIrements of the Ada County Highway District prior to Distrl(t approval tor occupancy.
10. Payment of applicable road impact fees are ~ulred prior to building construction In
aCl;ordance with Ordlnante #200, also known ti Ada County Highway DIstrict Impact Fee
OrdInance.
11. It Is the responsibility of the applicant to verify all existing utlUtll!s wltnln thf!! rlght-o'-way,
The applicant at no cost to ACHe shall repair existing utilities damaged by the applh';lInt.
The applicant shall be required to call DIGUNE (1-800-342-1585) at least two full business
days plior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD
Trtlfflc OperatiOns 387-6190 In the event any ACHD conduits (spare or rHled) are
compromIsed during any phase of constructIon.
U. No change in the terms and conditions of thIs approval shall be valid unless the~ are In
writing ilnd 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 at' any change from the Ada County Highway
District,
13. Any change by the applicant In the planned use or the property which is the subject of this
application, shall require the applicant to complv with all rules, regulations, ordinances,
plans, Dr 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 II waiver/varlante of said requirements or other legal relis' Is
granted pursuant to the law in effect at the time the Chal'l9l! In use is sought.
14 Hightower Preliminary Pial
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE Of MAY 9,2006
Exhibit D. Required Findings from Zoning Ordinance
UDC 11-5B-3E. AnnexationIRezone 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 fwd adequate evidence answering the following
questions about the proposed zoning amendment:
A. The map amendment complies with the applicable provisions of the comprehensive
plaD;
In Chapter VII of the Comprehensive Plan, 'Mixed Use Community' is defined as
"provide a blend of high-density residential, small-scale commercial, entertainment,
office and open space uses that are geared to serve all residents within a one to two
square mile area. The developments are encouraged to be designed according to the
conceptual neighborhood center plan depicted in Figure VII-3. The purpose of these
centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service
oriented focal point for neighborhood districts. The centers should offer an internal
circulation system that COnnects with adjacent neighborhoods or regional pathway(s).
They will also serve as public transit locations for future park-and-ride lots, bus stops,
shuttle bus stops or other alternative modes of transportation."
City Council finds that the proposed zoning is in general conformance with the
comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;;
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat and conditional use permit (pP-06-003/ CUP-06-004). Staff does not
anticipate that the applicant plans to rezone the subj eel property in the future if the
accompanying PP application is approved.
City Council finds that the proposed residential uses are allowed in the proposed R.8 and
R-15 zones. The site is being proposed as three portions of commercial, high density
residential and medium low density re.'llidential and upon build out staff would not
anticipate changes of usage for this site.
C. The map amendment shall not be materially detrimental to the public healtb, safety,
aDd welfare;
The applicant has submitted elevations for the proposed commercial and residential units
and has agreed to use the design guidelines for commercial projects along gateway
corridors when designing building facades. City Council finds that the proposed C-C
zone, if designed, constrncted and operated in accordance with adopted city ordinances,
should be harmonious and appropriate in appearance with the intended character of the
vicinity. The site is intended for commercial uses which, based on the Comprehensive
Plan description, will have such uses alS retail, wholesale, service and office uses, as well
as appropriate public uses such as government offices.
StatT fmds that the proposed development will change the existing character of the area,
which is still largely rural. However, the proposed development is generally harmonious
with the intended character envisioned by the Comprehensive Plan. City Council does not
fmd that the proposed zoning/uses will adversely change the essential character of area.
CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
City Council does not anticipate that the proposed Wles will be disturbing to future or
existing neighbors, as long as landscaping, fencing and other recommended conditions
are exercised. Further, City Council does not anticipate that the proposed uses will be
hazardous as long as the applicant complies with the conditions contained in Exhibit C
and ail City Code provisions.
D. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
induding, but not limited to, school districts; and,
The applicant will be responsible for the extension of all utilities necessary to serve this
proposed development. Other urban services, such as water, are near to this site and the
applicant should be able to extend such services to the site. City Council finds that the
subject site is proposed for development in a fasbion similar to other properties in the
area.
The applicant and/or future property owners will be required to pay park and highway
impact fees.
On February 10, 2006, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that except for sanitary sewer, the public services listed above can be made
available to accommodate the proposed development. The Commission and Council
should reference any written andlor verbal testimony submitted by any public service
provider, regarding their ability to adequately service this project.
If approved. the developer will be :financing the extension of sewer, water, local stn;:;t:l
infrastructure, utilities and iIrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police and school facilities and services.
City Council finds thc:rCl will not be excessive additional requirements at public cost and
that the proposed zoning and subsequent development will not be detrimental to the
conununity's economic welfare.
E. The annexation is in tbe best of interest of the City (UDC 11 ~5B-3.E).
City Council finds that the annexation and zoninl! of this propqjy to C-C. R-15 and R-8
would be in the best interest of the City.
UDC 11-6B-6: Preliminary Plat Findings
In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of
this Title and at least the following:
A. The plat is tit conformance with the Comprehensive Plan;
Please see Annexation Findings Item A above.
B. Public services are available or can be made available and are adequate
accommodate the proposed development;
Please see Annexation Findings Items C and D above
C. The plat is io conformance with scheduled public improvements in accord
the City's capital improvement program;
CITY OF M~RIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF MAY 9, 2006
Because the developer is installing sewer, water. and utilities for the development- at their
cost, the subdivision will not require the expenditure of capital improvement funds.
D. There is public financial capabllity of supportio& services for the proposed
development;
Please see Exhibit B for conunents and conditions from other agencies and departments.
E. The development will not be detrimental to the public heath. safety or general
welfare; and
City Council is not aware of any health, safety or general welfare problems associated
with the development of this subdivision that should be brought to the Council or
Commission's attention. ACHD considers road safety issues in their analysis.
F. The development preserves significant natural, scenic or historic features.
City Council is not aware of any natural, scenic or historic features which require
preservation. The applicant will be required to maintain, fence, and improve the
waterways which are existing on this site. Furthermore the applicant shall define with the
Parks Department the location of a multiuse pathway which will further enhance the
natural features of the Finch Lateral as well as providing an additional use buffer.
UDC 11-5B-6E; Conditional Use Findings
The Commission and Council shall review the particular facts and circumstances of each proposed
conditional use in tenus of the following, and may approve a conditional use permit if they shall fm.d
evidence presented at the hearing(s) is adequate to establish:
A. That the site is large enough to ali:commodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
City Council finds that the site is 24.03 acres and is large enough to acconunodate all required
parking, landscaping. loading and other standard regulations required by the UDC.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
City COWlcil finds that the proposed residential/commercial uses meet the objectives of the
Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDe are
not currently being shown by the applicant's site plan and building elevations. Specifically, the
proposal shows a an access to Chinden Road which requires a Variance and building elevations
need to be submitted in compliance with the entryway corridor design standards. If the
applicant makes these changes. and an access variance is granted, this finding will be met.
c. That the design, construction. operation and maintenance will be compatible with other
uses in the general neighborhood and with tbe existing or intended character of the
general vicinity and that such use will not advenely change the essential character of the
same area.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of MAY 9, 2006
The building height, parking layout, landscape buffer widths and other dimensional standards
shown in the application genera.lly comply with the UDC. The applicant will be required to
construct the proposed buffer between land uses where commercial lots abut residelltiallots.
D. That the proposed use, if it complies with all f;onditioDS of the approval imposed, will Dot
adversely affect other property in the vicinity.
City Council fmds that the proposed development will not adversely affect other property in the
vicinity if the applicant complies with all AZlPP/CUP conditions and constructs all
improvements and operates the use in accordance with tbe UDC standards. Traffic volumes
will significantly increase. However, both ACHD and lID have reviewed the application and
placed special conditions on the applicant. These standards may include lighting, screening,
landscaping and other areas intended to mitigate potentially hannfuI effects.
E. That the proposed use wiD be served adequately by essential public facilities and services
such as higbways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
City Council finds that sanitary sewer, domestic water and irrigation are available to the subject
property. Please refer to other comments prepared by the Meridian Fire Department.
F. That the proposed use will Dot create excessive additional costs for public facilities and
services and wID not be detrimental to the economic welfare of the community.
City Council finds that the applicant will pay to extend the sanitary sewer and water mains
into the site. No additional capital facility costs are expected from the City. The additional
commercial structures will improve the tax base for the City of Meridian. The applicant and/or
future property owners will be required to pay highway impact fees.
G. Tbat tbe proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of trame, noise, smoke, fumes, glare or odors.
City Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
City Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, staff does not believe that the amount generated will be detrimental to
the general welfare of the public. City Council finds the future buffer between land uses along
the property boundary and the use and Chinden Road buffers will help to mitigate noise,
fumes and glare created by the additional traffic.
H. That the proposed use will not result in the destruction, loss or dama2e of a natural,
scenic or historic feature considered to be of major importance.
The applicant will be required to comply with all state and local ordinances regarding
conveyance of water and maintaining historic points of access. The Ada County Historic
Preservation Council's Site Inventory does not show any structures or places listed for the
subject property.
UDC 11.SB-4E: Variance Findings
In order to grant a variance, the Council shall make the following findings:
CITY OF MbRIDIAN PLANNJNG DEPARTMBNT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
A. Tbe variance shaD not grant a right or special privilege that is not otherwise allowed in
the district:
Section 11-3H-3 of the UDC does state that the City Council may comider and apply
modifications to the standards of Article H upon specific recommendation of the Idaho
Transportation Department (ITD). In a letter dated February 13, 2006, the ITD states: "Direct
access from this development to US-20/26 will be allowed as established by the Access
Management Plan developed by the City of Meridian and lTD. Access will be allowed to us-
20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made
aware that in conjunction with said Access Management Plan, the long term future of Jericho
Road may be restricted to Right-in/Right-out or closed." City Council finds that because of
this reconunendation from lID, the granting of this variance will not grant a right or privilege
that is not otherwise allowed in the district.
B. The variance relieves an undue hardship because of chal'8cteristics of the site;
City Council finds there are physical characteristics of the site which demand access points be
constructed that are more unique or different than other properties along Cbinden Road (US
20/26). A$ stated above, the future of Jericho Road is uncertain, and access to Chinden Road
at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden
Road were not granted, it is possible that in the future the access to this development may be
eliminated if Jericho Road was the only access point.
C. Tbe variance shall Qot be detrimental to the public: health, safety, and welfare.
City Council fmds that granting the access point to Chinden R\>>ld (US 20/26) has the potential
of increasing traffic conflicts due to the increased number of vehicles that will ueed to merge
with existing traffic. However, the proposed. alignment ofN. Saguaro Hills Way is preferred to
the existing alignment of Jericho Road, because it lines up with an existing access on the north
side of Chinden Road, Castlebwy Avenue. City Council fmds that the granting of the variance
will not be detrimental to the public health, safety or welfare and has the potential of
increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26).
UDC 11-3F-5 Private Street Findings:
In order to approve the application, the Director shall fmd the following:
A. The Design of the private street meets tbe requirements of this Article;
The applicant will have to certify that the Ada County Street Naming Committee has
accepted the private street names. The design of the streets meets the standards as set
forth in UDC 11-3F -4; no gates are allowed. Roadway and storm drainage shall be
containod on site::.
B. GrantiDg approval of tbe private street would not cause damage hazard, or
Duiianee, or other detriment to persons property, or uses in tbe vicinity; and
Staff does not anticipate any hazard, nuisance or other detriment from the private streets
if they are constructed and maintained as designed.
C. The use and location of the private street shall not conflict with the comprehensive
plan and/or the relional transportation plan.
The location of the private streets do not conflict with the Comprehensive Plan and/or the
regional transportation plan.