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Knight Sky Subdivision AZ 06-005 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/31/06 02:44 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City Public Works AMOUNT .00 64 1111111111111111111111111111111111111 106122365 '~- ~ --" ~~---.-----------.".~ DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Foothill Knights, LLC, Owner Sea 2 Sea, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this , ~ f!r day of vu.~ ' 2006, by and between City of Meridian, a municipal corporation of the State ofIdaho, ere after called "CITY", Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER", and Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" are the sole owners, 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, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer" and/or "Owner" make a written commitment concerning the use or development ofthe subject "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, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (TN-C) Traditional Neighborhood Center, and (C-C) Community Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" 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 06-005) KNIGHT SKY SUBDIVISION PAGE 1 OF 11 1.6 WHEREAS, record ofthe 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 "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" 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 ofthis 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: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 2 OF 11 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 ofthe state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent developer(s) of the "Property" . 3.3 "OWNER": means and refers to Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party that owns said "Property" and shall include any subsequent owner(s) ofthe "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned (R -4) Low Density Residential District, (TN-C) Traditional Neighborhood Center, 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 Code Section 11 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 afuture development in the R-4, TN-C and C-C zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-005 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 3 OF 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development in the TN-C and CC zoned lots be subject to Design Review approval, and that all TN-C lots contain structures that are at least two-stories tall. 5.1.3 That all future development ofthe subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.4 That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5.1.5 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.6 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.7 That prior to issuance of nay building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.8 That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 4 OF 11 on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 5.1.9 That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 5.1.10 That a maximum of125 single-family residential dwellings be allowed on the subject property. 5.1.11 Prior to signature of the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20-foot wide sanitary sewer easement through the out-parcel located in the northwest corner (indicated on the preliminary plat to be RI065270110) of this development or move the lift station to insure that it does not dead end (coordinate with Public Works Department). Coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the list station and the pressure sewer that goes along with it when gravity sewer becomes available to this site. The Homeowners Association shall own and operate said lift station. The costs of decommissioning the lift station shall be borne by the developer and not the future Homeowners Association. 5.1.12 That the developer has volunteered to construct gateway signage near the corner of Linder Road and Chinden Boulevard, in accordance with the Gateway Committee's standards. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 5 OF 11 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and ifthe "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" and/or "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notifY the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances ofthe "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner'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. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 6 OF 11 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation ofthe improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" 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 06-005) KNIGHT SKY SUBDIVISION PAGE 7 OF 11 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation ifthe 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 ofthe City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 OWNER: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 8 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" and/or "Owner" 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 "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "Owner" 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 "Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 06~005) KNIGHT SKY SUBDIVISION PAGE 9 OF 11 the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER FOOTHILL KNIGHTS, LLC (. ~I\~ rn 'pk- By: DEVELOPMENT AGREEMENT (AZ 06p005) KNIGHT SKY SUBDIVISION PAGE 10 OF 11 CITY OF MERIDIAN Attest: , ~ BY'" , 'MA~ if7',.(tr~fN((ff/!- 6, ~~ ~~ \\\\\ rI:; ., ~~lllfl ,.......'\ ...J v~ "" 1// , "." .-"--'- /, ......' 1I..',i<.-".' ,J~'" ,,~'I. __".o.r,,,,, ~ "~. ~ v r(fr "-""'4 -,., "', '.~- 2 <~)-;':. ~ ~'-::. .::- ~ 7-/8-$16 8''''' ~ 1 ~. ., , .C:.Ic...,..:...J STATE OF IDAHO, ) : ss County of Ada, ) On this ~ day of , 2006, before me, the undersigned, a Notary Public in and for said State, personall app':~:..~ _ l J C?1flY I 'I , known or identified to me to be the ~.ve ~ of Sea 2 ea, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -- DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 11 OF 11 STATE OF IDAHO, ) : ss County of Ada, ) 5 ~ day of j U \ Y , 2006, before me, the Public in and for said State, personally appeared on CJ:i'i?-, known or identified to me to be the OWref ~ of Foothill Knights, LLC, acknowledged to me that he executed the same on behalf of said corporation. (SEAL) STATE OF IDAHO ) : ss County of Ada , ) .' i+' On this _\ g day of \.JU \ u , 2006, before me, a Notary Public, personally appeared Tammy de Weerd ~William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .......... .. ::1l.A AI .. .. ~~:::_~...: Q.. .. ".. ~ 0 2"4~:'~ot,.':.. .' ~"~ . (SEAi) / ~\~: . : : . .~' I . ..~ ,': r.r. , / . ~.,j ~ , . ~Q'~~~_IC_~~~' .. ..~ lDA,,\Q.. .... ..,.. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION ~1\~1J0 Notary Public for Idaho Residing at: ('\ll1d lU' U \ D Commission expires: \0:' \ - \ \ PAGE 12 OF 11 Legal Descriptions TOOTHMAN-ORTON ENGINEERING COMPANY CONSOL'HNClI!NGlNEERS. SUIl.VEYOIt.<; A/'Il) I'lAl'>NERS 9771 CH'NOEN BOULIVARO HOIS~, tDNIO 1m u.2OCO 70,1-323.2188 . fI\X208.J2J.2:I'J'1 bc:t1"t=OJf.CIl'''6f''O.C.'Q1I1 Projecl; 05087 Dal~: January 12. 200G Page: I of2 EXHIBJT"A" Total Rezone Area. Descriplion A pi\fcel ofland situated in the South 1/2 of the Soulheasl,QullIl~r orSeclion 23. '[ownship 4l\orih. Range 1 West. Boise Meridian: being II portion On,Ol 1. Block J il'rundl SubdJ.vi;sion.!ccorded in Buok 59 of Plats. Pages 5785-5786. re.:ord or Ada Count)'. Idaho; Rnd nil of lhat par~1 of land as sILo....,! on Record of Survey [nstnIOlen! , ,~ ".No. 94079392, Rec;ords of Ada County,ldaho, being more particula.rly _1cscribed as follo,,'5;' BEGINNING ill found aluminum cap. marking the comer cornmOn 10 Sections 23. 24,25 a.nd 26, Township" North, Range 1 West. Boise Meridian; from which 0 round aluminum c~p, mllJ'killgthe 114 corner c~mmon 10 Secl~QI1S 23 ,and 26 bears N.89"3$'47"W.. 2629,97 feet; thence. along the section fine common to mid Seclions 23 and 24, ] ~ S.OO'S4'jG"'W., 0.\ 0 feet to a point on a curve in the centerline of W. Chinden . Boulevard; lhence, 2) >lorthweSlerl)' along said i:Ul'\"C. having a radius or 34.377,48 feet, un ,l.{O length of SO.89 feel, through a central ang.le oroo'os'OS", and 0 chord bearing IU1d dis,ance ofN.89")7'44"'W" 80.89 ft'i:.! La a poInt oftl1llgency 011 the sect'joll line common 10 said Sections 23 lUId 26; the~, illong ,aid seclion IillC . 3) N.89"38'4TW., 251 1i.07 feet to!l point on the southerly extension oflhe westerly line of said 'lot I; thence. (dong said southerly eXlelision and said westerlY line of Lot l. 4) N.OO'2T09~E.. 841.06 teet co U poinl, marking Ihe southwester!)' comerofa parcel of land described ill Deed Insuumcm No. 101128387: thcnee. along the soulherlr and w(:s~rl)' lines of said parc.:1. the following courses: 5) S.lW~1 ':.j.j"E;, :Z72:00t~i!t to point: thence, 6} ~I.OO'27'l)9"E._ 480.00 feet tt' a point on the northerly line of said Lot I; thence. along said nOClharly line. H 1l~"8~ W?rt~1 SUIl \'E'r"~'h ..\-;01' \L 1lLZ~"\'h AlU'_~ ""~ 1I0llW. . COEUR<I'..u.El\E . CALDWEll TOOTliMAN.ORTON ENGlNg(>J{ISG COMPANY PI'oject; 05087 Da.e: Janual'Y n. 2006 Page: 1 of::: 7} S,3904J.45"1:.., J 393.14 feet to a iOU11cilT rebar with plastic cap. marking The rlOrthwllsterly corner of Lot 10. Block I Broodl Subdhlsion: thence, along the westerly line of [..OIS 6 Ihrough l1l Block I of said BrandT Subdhision. 8) S.OO'48'2}"W" 903.9'1 feet 10 a point: thence. along the southerly Ii.ne of$t:.itl Lot 6 and the ~o\lthetlr line of Lot 5. Bleck 1 of said Brandt Subdi\'isiorl. 9} S.&8~$O'33"E.. 441.26 leet to a point: thence. along theell$terly line ohaid LoIS. lO)N.00"4T29"E., 196.40 feet to a point: thence. along the southerly line of Lots 2 and 3. Block 1 of said Brandl Subdivision, 11) 5.890 12'3\"E.. 498.6 J feet to the centerline ofN. Linder Road; thence alony - said centerline. 12) S.OO'4T29"W.. 605.00 fi3et to the POlNT OF BEGINNING. CONf AlNING 58.56 ac~s, more or less. SUB.TEeT 'fO all CovtnanlS. Righl$, RightS-Ol~ Way. casements. of Record and allY Encunibrances. ~:~PI~~, JUN 16 2006 MERIDIAN PUBLIC . WORKS DEPT. I;-'Q;"~~'\\!'fo1...s'-~Vk~'.!i'<h ....r()T~~ Rt;l(*,E AIl.~-\ ~'<: Project No: 05087 Date: December 16, 2005 Page: 1 ofl TOOTHMAN.OR'ION ENGINEERING COMPANY C.'oNSUl:rINO TiNGlHE.IlRS. SUlI.VEYORS Ali]) PL\NNURS 'Jn7 (I lINDeN BOULEV"RO 801SF" IlJAHD lUlI4-200n 208-J2~,2'88 . Ft\X 203-32]-~3~'J boi2tg1tQen~r(:tJ.col'J"l EXlIIBD' "A" Land Descriplion for R-4 Rezone A parcel orland located in the S Yo of the SE~ of Section 23, Tovmship 4 Norlh, Range 1 W~t, Boise MccidiWl. Ada County, Id2ho, being a portion of Lot I, Block I of BB:ANDT SUBDMSION, deS(..'ribed a'l follows: COMMENCING at IL point, mlu:king the comer CommOl1 to Sections 23.24.25 3lHl 26, Towns~p.4 North, Rallge 1 West, Boise MeridillU.from which the '/. corner common , to said Sectionll23 and 26 bears N.89c38'47"W,> 2629.97 feet; thence, along the lOOe " commOn to said Sections 23 and 26, AfN.R9038'4T'W., 2596.97' feet to a palm on the southerly extension of lhe westerly line of said Lot 1. Block 1 of BRANDT SUBDIViSION; lhence.l!.I\Ull:l said southerly extension thereo r and the westerly line of said Lot 1, B) N.00"27'09'1i, 381.37 (eel to !he porn'!' OF BEGINNING; thCIlCC, continuing along said westerly line. I) N.00"27'09"E., 459.69 feet; thcnce, along the southerly l1l1d easterly.lillC ofa parcel orland described iIl.De.::d Instrument No. 10 1128387, records of Ada Count;y, I~llho, the foHowing couroes: 2) S.89041'45"E., 272.00 feet, lhenc~, 3) N.Ooo27'09"E., 480.00 [cetto the northerly line of said Lot 1; thence, along said northerly line, 4) S89"41'4S"E., 1393.14' to the northwesterly comet of Lot 10, BlQ(;k 1, BRA.lIIDT SUBDMSION; Lheacc, along the westerly line ofLols 10, 9, 8, 7, and 6, Block. 1 of said subdivision and the south~ly extension thereof, 5) S.OO~48'23"W., 939.g8 feet; thence, 6) N.89~41'2S"W., 1659.S4feet to !he POINT OFBEGll\'NING. CONTAlNING: 32.86 Acres, more or less. SUBJECT TO: All covenants. Rights, Right5-lJf.Way, F..aJlemcots of Rccords and any Encumbrances. -' ....-~ Ho\050&'l\WI'tiI<s\SURVEYIi!>:M-ll-4 RIlZONE PaCEl.fI'1tON',doe ~PPRiIJ .... Borse . t10F.UR d'ALE.NE , cAPil\l.liM'. aY "...,--,....~_._-,.. . '..'.,...".".."."",,,,,~, n.'.,,". ....,"'.......0...".... ....,..... ........",... ""'"'''''''''ft'''''''''Jfty,....~~ jUN 'l) 2006 N Pus\.\C MW~~~S oep". TooTHMAN.ORTON ENGINEERING COMPANY . C<:lNStJLTiNO EN<'l'I\.'El'JU;, 9UR\'SYORS ANI) PLe\NNERS 9n7 CI-lINOfN BOUlEVARD BOISE,lDAl'IOa1714-200ll :2/llI.~23.22118 . rA.~ 2DR.n.l.2)99 bols~Io""&/OJ.c,,": Project No: 050&1 Dale: JUDe] , 2006 Page: 1 of2 EXHIBIT itA'" I.:.and D~$cription for C-C Rezone A parcel of land located in the 5 ~ of the SE V. of Section 23, Townsbip 4 North, Range I West. Boi~Meridi8D,Ada COWlty, ldaho. being aponlonofI.ot 1, Block 1 of DRANDT Sl......BDMSION, and all that pill'Cel of land, as shown on a Record of Survey. recorded as Instrument No. 94079392, recards of Ada COUl)IY, Idahn, deScribed as follows: . -. . BEGINNING ata point, llll\l'king \he eamer common to Sections 23,24, 25 lIIld 26, TownSbip 4 North, Range 1 West, Boise. Meridian. from which the 'A cornet common to said Sections 23 IUId 2G bears liI.$9038'47"W., 2629.97 feet; thence, aIongthc line tOmnlon 10 said Sections 25 and 26, I) S.OO"54'S6"W., 0.10 feet to a point on a curve, ml1Ikingthe centerline ofW. Chindcm Boulevard;tbenc::e, along said centerline, nun-tangent with. the previous COUI:Sei 2} Northweatetly along said curve to the left, having II radius of34,377.48 feet, an are length of80.89 feet,. through aeentrcl. angle ofOO'.OS'OS", and a chord btmting and distance I>fN.89"34' 44"W., 80.89 feet 10 II point of tangency; thence, continuing along said centerline, ;I) N.8903S'4T'W'J 4l1.73 feet 10 a point on the southerly eJCtension oftbe westerly line oftetS. Block 1 of said subdivision; thence, along said southcdy extension thereof, 4) N.OO"47'29"E., 41;!.41 fcet to the southeasterly comer of said Lot S; thence, along the easterly line of sllid Let 5, 5) N.OO"4T29"E., 196.40 fcetlO the southwesterly comer of Let 3, Block 1 of s:Jid ~ubdivision; thence, al.o111' the southerly line of said Lot 3 and lOl2. Block 1 of said subdivision, 6) 5890 \2'31 "li, 498.6\ (lXlt to the c::ellterlint:< orN. Li:nder Road;. thence. along said centerline, tJ:'Jn087\Wl'flIeo\.~l!RVllY'l!xhI\.CC REZONE DESCRlynOS 2.~"" 1 BOISE . CO!::UR iJ'Al.li.NE . ct\WWI!..t.L TOOTIfMAN.ORTON ENGINEERING COMPAN~ Project No: 050&1 Date: Dc:ccmber 27, 2005 Page; t of2 7} S.OO"47'29"W" 605.00 feel tp the POINT OF BEGINNING. CONTAL."flNG: 6.95 acre.,. more ollc$.", SUBJECT TO: All covennnts, Rigbts, Rights-of-Way, EasementS of Records and any EucUlllbnmcC!. . K.\05~&1\WPmu\SUIl 'IEY\ExbA-CoC ltEZO~E DESCRIPTION 2_d.. 2 ~?\'l\\O ~'6S~ RE\I\ 6'1 }\j~ \ ~ 1.\)\\0 \'lU6L\C tJ\e.R\O\e~ OEPI. 'tJOR'" TOOTHMAN~OltTON ENGINEERING COMPANY COh'SULtISG I!NOINlmRS, SUR YEYOR."l AND 1'!..\NNEkS 9m CHINO EN BOULEVARD ROISE; 1D.'\JojO Jl17H-_2Co6 lna.J2J.~;/ao . FNl 209.12).2399 ~s=,com Projtt:l No: 05087 Date: J nIle I, 2006 P;t.ge: 1 of I EXfflBIT "A" Land Description for TN-C Rez.one ^ parcel ol'land located in the S Y:. of the SE Y4 of Section 23, Township 4- North, Runge 1 West, Baise Meridittn, Ada County, Idaho, bc:in~ a portion OU.ol 1, Block I of BRANDT SUBDMSION, described as f~llow$: COMl'rIENCfNC at a point:. marking the comer common to Section.'l 23, 24, 25 and 26, Townshlp 4 Nonh, lUnge I West, Boi~e Meridillrl, from whicb the !4 comer common - -- ", 10 said Sections 23 and 26 bears N.8,9"3S'47"W., 2629.97 feet; thence, along the line cornman ll) said Sections 23 and 26, A:) N.89"38'47"W., 498,62 feet 10 tho POINT OF BEGINNING, thence, conti,nulng a1ang said eommo..linc (also ,the centcrliue of W. Qlinden Boulevard), 1) N.89"3S'47"W., 2098.35 fcet to a point on the southcrly extension of the westerly line of said I.ot l.1heoc,c. along said southerly extension and $aid westerly line of Lot 1, 2) N,OO"27'09"E., 381.37 feel; thence, leaving said westerly line, 3) S. 89"4 J '2S"E., 1659.34 fc.,tto a point an the southerly extension of the w\l5terly line ofLut 6, Block 1 of said subdivision; thence, a[ong said SQutherlyextenslon, 4) N.oo04B'23"E., 35.95 feel 10 the southwesterly eornllr otsaid Lot 6; thence, along the southerly line of said Lot 6 and the southerly line of Lot 5, Block 1 of said subdivision, 5) 8.88050' 3J"E., 441.26 fOOL to Lbo southeasterly comer (If said Lot 5; thence, along the southerly extension orihe easterly line of said Lot 5, 6) S.OO"47'29"W., 412.4t ['eet to the POl~"'1' OF BEGINNING. CONTAINING: 18.75 aCTl:3, moreorlcss. SUBJEC'r TO: All covenants. Rights, RiglJls-of-Way, EllScmenlll ofRccords aod any &r:umbranccs. H:\05l1S'lIwpmO$ll;U.((\ltlVIl'.lI:llA.'fN.c REZONE DesCOrlON2c1oo BOISE . COEUR cJ'ALt::N~ . CALDWELL ~W A?P~------- H_--""-aY;;<l=- - ._-!. ''-:-J~ H. . ,. JUN 16 2006 MERIDIAN PUBLIC WORKS CEPT. -I' RECEIVED JUN 0 1 2006 City Of Meridian ",\,./() City Clerk Office ,,': '~:,>~{,,)~ , , " i II ,~,;.. I( II FINDINGSC~~~~~~~~~SIONS OF C~{t;~'~lLi<~~~7't i LAW AND \:,' ' /' ",' DECISION & ORDER ",<:"~_:,~.,:,:--~,,,,~-,~;,':->' In the Matter of Annexation and Zoning of 58.83 acres from RR to R-4 (Low Density Residential)(32.86 acres), TN-C (Traditional Neighborhood Center)(18.75 acres) and C-C (Community Business)(6.9Sacres) AND Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres, for Knight Sky Estates Subdivision, by Sea 2 Sea, LLC. Case No(s).: AZ-06-005 and PP-06-004 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact I. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23,2006 incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers confelTed upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-0051 PP-06-004 - PAGE 1 oC4 4. Due consideration has been given to the comment(s) received from the govemmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pl11'suant to the City Council's authority as provided in Meridian City Code ~ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary PLat dated January 3, 2006 (revised April 5, 2006) by Toothman-Orton Engineering Company, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: R. Requiring a Development Agreement in which the applicant agrees: 1. To construct a 6-foot tall solid fence around the perimeter of the subdivision, prior to house construction; 2. Regarding the temporary sewer lift station, the applicant shall eithel. provide an easement or move the lift station to insure that it doesn't dead end. Further, the homeowners association shall own and operate said lift station. And, third, coordinate with the Public Works Department an acceptable assurance for abandonment of that lift station and the pressure sewer that goes along with it; and, 3. To construct gateway signage near the corner of Linder Road and Chinden Boulevard, in coordination with the Gateway Committee. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23,2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06.0051 PP-06.004 . PAGE 2 of4 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and fmal plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved prel irninary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination ofthe period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined pre.liminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notifi.ed 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 conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idabo Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06.005/ PP-06.004. PAGE 3 of4 By action of the City Council at its regular meeting held on the -ru,,.. l ' 2006. <../ - /..ff1 {;) day of COUNCIL MEMBER KEITH BIRD VOTED F VOTED fIe'v VOTED~ VOTED /J1; f.e,....?t COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~ Attest: -4 BEl'lL William G. Berg, Jr., Ci~ lerk ~ T.~ ~ t " ....tJr' ~.o .. %; 1'(). r,g'{ , ~.f ;","""~.r."f' ........ //' ~ ...... Copy served upon Applicant, The Plann'tftg, I '~n(Public Works Department and City I 1111 Attorney. BYJcuIl.ffi Au i l. ) . y Clerk Dated: U .. q -0 to CITY OF MERIDIAN FINDINGS OF FACf. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A2-06-005 I PP.06-004 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATB OF MAY 23,2006 STAFF REPORT TO: FROM: Hearing Date: 5/23/2006 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884~5533 .:0 ,it''! ... ;." <7,;J ):..' ~~:. '',.,I\':;I~~~f,r~ f'..- 0 ./"""'; l('-'W~~ '-/Vl tJI7iiian .}.~ ~; t.: Ii 1,\11(' /jf "<:':(t:~.::z.',,,,-,,,,,,,. '" ~ ," __",.:~ .j" -------.-:...:..::........ 1:1'~: SUBJECT: Knight Sky Estates Subdivision AZ.06-005 Annexation and Zoning of 58.56 acres from RR to R-4 (Low Density Residential)(32.86 acres), IN-C (Traditional Neighborhood Center)(14.54 acres) and C~C (Conununity Business)(11.16 acres). PP-06-004 Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single~family lots), 7 conunerciallots and 26 common/other lots on 55.83 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning of 58.56 acres to R-4 (32.86 acres), IN.C (14.54 acres) and C-C (11.16 acres), and Preliminary Plat approval of 126 residential building lots, 7 commercial building lots, and 26 common lots on 55_83 acres. The site is located on the northwest comer of the intersection of Chinden Boulevard and Linder Road. There is an existing home and associated out buildings on this site near Linder Road. The rest of the site is cU1Tently vacant and being used for agricultural purposes. A majority of this site is Lot 1, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP as well as a private street application) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. Staff is recommendinl! auproval of the proposed Knil!ht Sky Estates Subdivision (AZ-06.005 and PP-06-004) with the conditions listed in Exhibit B ofthe StaffRenort. The Meridian Planning: and Zoning: Commission heard the item on March 2nd and ADril 61\ 2006. At the DubHe hearing: on ADril 6111. they moved to recommend 8DDroval. a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant's representative), Bryan Martin (Applicant's Engineer) ii. In opposition: Alan Ward, Larry Woodard, Foad Rothani (aka - Jack Smith), Brad Larsen, Ken Mallea, Tom Holloway, Lydia Aguin-e. Hi. Conul'1enting: None IV. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: Knight Sky Estates Subdivi~ion AZ-06-005/PP-06-004 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF MAY 23, 2006 L Density; ii. Traffic; iii. Sewerability and decommissioning the proposed temporary lift station; and iv. In;gation water service to Brandt Subdivision. c. Key Commission Changes to Staff Recommendation: i. Deleted requirement for a stub street to the north (5-acre lot in Almaden Subdivision). NOTE: At the April6lh public hearing the Applicant's representative, Shawn Nickel, offered to construct a 6-foot tall solid fence along the entire boundary of the subdivision. He also offered to provide irrigation water to the homeowners in Brandt Subdivision. In addition to the Commission changes, staff has included these offerings of the Applicant in Exhibit B. d. Outstanding Issue(s) for City Council: i. Clarification on how iITigation water will be provided to the Brandt Subdivision homeowners (see Condition 1.1.15 in Exhibit B). ii. The applicant has submitted a revised preliminary plat (dated AprilS, 2006) which incorporates most of the changes required by staff and the Commission. However, the revised preliminwy plat has a net gain oftmee residential lots. Staff recommends that the Council approve the revised preliminary plat. with the provision that a maximum of 126 residential lots be allowed. Staff further recommends that one of the townhouse llToupings that contain four dwellings be platted as one large lot. and re-subdivided into four new lots in the future. 3. PROPOSED MOTIONS (to be considered after the public bearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-005 and PP.06-004 as presented in the staff report for the hearing date of May 23, 2006, and the preliminary plat labeled Sheet I of 1, dated January 3, 2006 (revised 1 27 06 April 5.2006) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering aU staff, applicant and public testimony, I move to deny File Numbers AZ-06- 005 and PP-06-004 as presented in the staff report for the hearing date of May 23, 2006, for the fonowing reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 06-005 and PP-06-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of the Chinden Boulevard/Linder Road intersection / 4Nl W23 b. Owner: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ill 83616 Knight Sky Estates Subdivision AZ-06-00S/PP-06-004 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 c. Applicant: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ill 83616 d. Representative: Shawn Nickel, SLN Planning Inc. e. Present Zoning: RR f. Comprehensive Plan Designation: Mixed Use (along Chinden) and Medium Density Residential (remainder) g. Description of Applicant's Request: The applicant is requesting approval of a 159-lot mixed- use development that includes 126 single-family residential buildable lots, 7 commercial lots and 26 common lots on 58.56 acres. The applicant is proposing three zones: R-4 (Low Density Residential)(32.86 acres); TN-C (Traditional Neighborhood Center)(14.54 acres); and C-C (Community Business)(l1.16 acres). All of the proposed lots conform to the dimensional standards of the requested zone. The average residential lot size in the proposed development is 8,200 square feet. The gross density of Knight Sky Estates is 2.26 dwelling units per acre. Approximately 16% (9.1 acres) is being set aside for open space; 6.2% of the open space is considered useable, the rest of the open space is either used for street buffers or drainage areas. 1. Date of preliminary plat (attached in Exhibit A): 1/3/06 (Revised 1/27/06) 2. Date ofIandscape plan (attached in Exhibit A): 1/4/06 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan (see applicant's submittal letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 13 and 27,2006 (for Planning & Zoning Commission hearing) and May 1 and May 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for Planning & Zoning Commission hearing) and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: February 20, 2006 (for Planning & Zoning Commission hearing) and May 13,2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is an existing home and some out buildings on this site. The rest of the subject property is currently vacant and is being fanned. Knight Sky Estates Subdivision AZ-06.005/PP-06-004 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MAY 23, 2006 b. Description of Character of Surrounding Area: There are five.acre lots in Almaden Subdivision to the north. Spulwing Country Club is to the west. Brandt Subdivision, with one. acre lots is to the east. To the south is Lochsa Falls Subdivision, and the proposed Knight Hill commercial development. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: I. North: Single-family residential on five-acre lots, Almaden Subdivision, zoned RR (Ada County) one-acre lots in Brandt Subdivision, zoned RR (Ada County); Linder Road Lochsa Palls Subdivision commercial, zoned R-4 (PD for commercial uses); Vacant ten-acres, proposed Knight Hill commercial development 4. West: Spurwing Subdivision clubhouse and driving range, zoned RR (Ada County); vacant tlu'ee acre parcel, zoned RR (Ada County) d. History of Previous Actions: The City is currently in the process of amending its Area of City Impact to include the subject area. The Comprehensive Plan Map Amendment application, to add this area to the Future Land Use Map, was approved by the City Council on March 7, 2006. 2. East: 3. South: e. Existing Constraints and Opportunities: 1, Public Works: Location of sewer: Sanitary sewer service is being proposed via a temporary lift station that will discharge to sewer mains located in N. Long Lake Way. Location of water: The closest City of Meridian water mains are located in Lochsa Palls Subdivision across Chinden from this property. However the City of Meridian and United Water are currently in negotiations that would allow United Water to serve this parcel. Issues or concerns: The need for an easement through the out-parcel in the northwest corner to facilitate decommissioning the lift station in the future. Administrative issues pertaining to United Water serving this development. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: Any open canals or ditches that cross the subject site should be piped (see Exhibit B). 4. Hazards: Staff is not aware of any hazards associated with this property. S. Proposed and Existing Zoning: Existing RR (Ada County) to R-4 (Low Density Residential)(32.86 acres), TN-C (Traditional Neighborhood Center)(14.54 acres) and C-C (Community Business)(11.16 acres). 6. Size of Property: 58.56 acres f. Subdivision Plat Information: 1. Residential Lots: 126 2. Non.residential Lots: 7 Knight Sky Estates Subdivision AZ-06-00S/PP.06.004 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 3. Total Building Lots: 133 4. Common Lots: 26 5. Other Lots: 0 6. Total Lots: 159 7. Gross Density: 2.26 units per acre (net 3.1 ,d.u.lacre) g. Landscaping 1. Width of street buffer(s): A 35-foot wide street buffer is required along Chinden Boulevard, a designated entryway corridor (UDC II-2B-3 & UDC II-ID-2). A 25- foot wide street buffer is required along Linder Road, an alienal street (ODC lI-2B- 3). A 1 O-foot wide landscape buffer is required along Knights Park Drive where it is adjacent to the proposed TN-C and C-C cornmerciallots (UDC ll.2B-3). Street buffers are not required adjacent to the other internal streets. 2. Width ofbuffer(s) between land uses: The applicant is not proposing to construct any landscape buffers between proposed TN-C and C-C zoned lots. A 50-foot wide amenity pond is proposed between the residential and commercial areas. 3. Percentage of site as open space: For the Knight Sky Estates development, over 16% of the site is being set aside for open space; 9.1 acres/16.3% (including street buffers) and 3.5 acresl6.2% (excluding street buffers) of the subject 55.83 acres (excludes right-of.way) is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Landscaping adjacent to any roadway with detached sidewalks shall comply with UDC 11-3A-17. h. Amenities: Water fall, clubhouse, ponds, park, cobbled entries, open space. i. Off-Street Parking: UDC 11-3C-6A requires sing1e.family detached dwellings and townhouses with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential and Conunercial Standards: R-4 Setbacks (in feet) Proposed Front Living Area (to sidewalk) 15 Side Accessed Garage (to sidewalk) 15 Front Accessed Garage (to sidewalk) 20 Side 5 Rear 15 Frontage (garage facing street) 60 Lot Size (garage facing street) 8,000 TN-C There are no established lot size, setback, or lot frontage requirements in the TN-C Knight Sky Estates Subdivision AZ-06-005/PP-06-004 Required 15 15 20 5 15 60 8,000 PAGE 5 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATB OF MAY 23, 2006 zone. The maximum building height is 45 feet; the minimum number of storIes is 2; and the maximum building footprint is 20,000 square feet. ~ Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 k. Summary of Proposed Streets andlor Access: The applicant is proposing one access to Chinden Boulevard, a state highway. This proposed access is located at the Yz mile and aligns with Long Lake Way in Lochsa Falls Subdivision to the south. This public street access (Knights Park Drive) to Chinden Boulevard loops around to connect with Linder Road. The applicant is 110t proposing any additional access points to Chinden Boulevard or Linder Road. There are private streets, a public street to the proposed R-4 lots, commercial driveways and a common driveway proposed from Knights Park Drive. The internal public and private streets are proposed with 33-foot wide street sections (measured back-of-curb to back-of-curb) with 5-foot wide attached sidewalks. Staffis generally supportive of the proposed street system. NOTE: Nearby property owners have expressed concern about the proposed Knights Park Drive access to Linder Road. ACHD has provided the City with detailed analysis and conditions for this project. ACHD has required some changes to the proposed plat. The first change requires the applicant to provide access to Chinden Boulevard via the proposed Knights Park Drive. The second change requires the applicant to construct a stub street to the threekacre parcel to the northwest. The ACHD has approved the location of Knights Park Drive where it intersects Linder Road. Please see ACHD's conditions in Exhibit B. 7. COMMENTS MEETING On February 10,2006, ajoint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Community" and "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use - Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed Preliminary Plat includes 126 single-family lots for a gross density of 2.26 dwelling units/acre. Although the overall density is at 2.26 dwelling units per acre, the proposed R-4 area has a density of 3.1 dwelling units per acre, meeting the anticipated density range for this area. NOTE: Staff has been in contact with Eagle City Staff regarding their future plans for the area to the north and east of this project. Based on the conversation with Eagle City Staff and the policies and goals contained within the Rim View Planning Area section of Eagle's Western Area Plan, staff believes that the subject development Knight Sl<y Estates S\lbdivision AZ-06-005/PP.06-004 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THEHEARJNG DATE OF MAY 23, 2006 complies with both Cities' plans, if the applicant complies with the conditions listed in EXhibit B. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Staff finds the fOllowing Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. · l1te subject lands are currently serviced by the Meridian School District #2. This service will not change. · The subject lands are currently serviced by the Meridian LibralY District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department. the Meridian Water DepartmentlUnited Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 - Permit new commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. This development is currently not serviceable by gravity means. Permanent sewer service for this development will be via the future North Black Cat lift station, this site will temporarily lift sewer to mains in Lochsa Falls Subdivision. City of Meridian municipal water is currently not available to this site. The City of Meridian and United Water are currently in negotiations that would allow United Water to provide water service to this parcel. Solid waste and other services can be provided to this property. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new constructiOn and reconstruction projects, in a manner that is safe. accessible and convenient. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMeNT STAFF REPORT FOR THE HBARING DATB OF MAY 23, 2006 Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goa] II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three-acre parcel to the northwest. According to Eagle's Western Area Plan, the existingfive-acre parcels to the north are eligible to re-develop with one-acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Staff believes that a stub to either the Aguirre or Petty property should be provided. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development, when those five-acre parcels re-develop. See Analysis below and Exhibit B. Chapter VI, Goa] II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goa] IT, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five-foot wide attached sidewalks adjacent to the internal streets and on one side of the proposed common driveway. The applicant is also proposing to construct micro-paths to/from the proposed commercial lots to the east. NOTE: Staff is recommending that the applicant provide a stub street to the north. Once this stub street is extended. pedestrian access via sidewalks will link the existing Almaden Acres Subdivision to the north and the proposed development. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal !, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VIT, Goal N, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to Linder Road (Knights Parle Drive) and one public street access to Chinden Boulevard (Long Lake Way). Direct lot access to Linder Road and Chinden Boulevard should be prohibited. Chapter VII, Goal 1, Objective B - Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 12-acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses. Staff believes that the future commercial and retail sites in this plat will add to the variety of non.residential uses within the City's Area of Impact. Staffis generally supportive of some commercial uses in this area. Please see Analysis below. Chapter VIT, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Knight Sky Estates Subdivision AZ-06.00SIPP-06-004 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF MAY 23, 2006 The applicant is proposing a 50-loot wide common lot between the proposed townhouse "Lots and the future office/commercial TN-C zoned lot to the east. Some of the adjacent property owners have expressed concern over the smaller R-4 lots and the commercial lots. The UDC does not require any buffering between single-famiLy uses. Further, the UDC does not require any buffering between commercial uses and residential uses, if they are separated by a public street. If landscaping is constructed in accordance with the UDC, stafffinds that the proposed (internal) residential and commercial uses should be compatible with each other. The Commission and Council shouLd rely on any public testimony provided when determining if this deveLopment is compatible with the uses on the adjacent parcels. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Stuff recognizes that there are some existing Low density residential land uses adjacent to this property. Staff believes that the Locations of the proposed zones and the Lot layout are generally appropriate as the larger lots will primarily be on the north side of the development, and the higher density will be nearer Chinden Boulevard, a major arterial street. However. to further ensure a transition from the five-acre Darcels to the north. staff recommends that at least one of the lots in the northwest corner of the develooment be removed. To provide a better transition between the subiect develoDment and the five-acre lots to the north. staff recommends that all Qf the perimeter Lots between Lot 18 and Lot 32. BLock 7. maintain at least a 15.000 SQuare foot Lot size. If the preliminary pLat is amended as proposed by staff, the proposed development should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Staff also finds the following 200Z Comprehensive Plan text policies to be applicable to this application: · "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) · "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (see Analysis below). Staff recommends that the Commission and Council rely on any verbal or written testimony that may be pravided at the public hearing when determining if the applicant's zoning and development request is appropriatefor this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-ZA-2) lists single-family detached homes as permitted uses in the R-4 zoning district. Meridian City Code (Table 11- 2D~I) lists attached single family dwellings as permitted uses in the TN-C zone, while several other non.residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN-C Zone. Please see Meridian City Code (Table 11~2B-Z) for a list ofpennitted, conditional, acceSS01Y, and prohibited uses in the CpC zone. Knight Sky Estates Subdivision AZ-06-00S/PP-06-004 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 b. Purpose Statement of Zones: R-4 Medium Low-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. TN-C: The purpose of the TN-C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN~C is pedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN-C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. C-C: The purpose afthe Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4, TN-C and C-C zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. Annexation and Zoning Application: Based on the Comprehensive Plan and the recently adopted Future Land Use Map, staff believes that the requested zones are appropriate for this property. However. staff believes that the pronortion of the TN-C and C-C zonine- nroposed does not comnlv with the 9urnose statements of said zones 01' the Comprehensive Plan. Further, because of the existing one-acre residences to the north, staff recommends that less-intense zoning (TN-C) be approved for Lots 5-7, Block 1. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. Lee-al Descrintions: The annexation legal description and the rezone legal descriptions submitted with the application (stamped on December 26, 2005, January 12, 2006, and June 1, 2006 by Jeffrey H. McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to annexation. staff recommends that a new Jellal descrintion be filed with the City that includes Lots 5-7, Block 1. beine: zoned to TN-C. and Lots 1. 3 and 4. Block 1. being zoned to C-C. Development Am-eement: UDC Il~5B-3D2 and Idaho Code ~ 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Because the applicant has not submitted elevations or a list of uses that may be built in the commercial area (TN~C and C-C areas) of this development, and to ensure that this Knight Sky Estates Subdivision AZ~06.005/PP.06..Q04 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 project builds out consistent with the Comprehensive Plan, staff recommends that the applicant enter into a Development Agreement with the City. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The apolicant shall contact the City Attornev. Bill Nary. at 888~ 4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Knight Sky Estates as follows; 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and C-C zoned lots be subject to Design Review approval, and that all TN-C lots contain structures that are at least twowstories tall. 3. That all future development of the subject property shan be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chin den Boulevard will be abandoned. 9. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 10. That a maximum of 125 single-family residential dwellings be allowed on the subject property. 11. Prior to signature on the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20-foot wide sanitary sewer easement through the out-parcel located in the northwest corner (indicated on the preliminary plat to be RI065270110) of this development or move the lift station to insure that it does not dead end (coordinate with the Public Works Department). Coordinate with the Public Works Denartmeot an acceptable alternative plan to facilitate decommissionin2 the lift station and the pressure sewer that Iloes aloo!!: with it when &avitv sewer becomes available to this site. The Homeowners Association shall own and operate said lift station. The costs of decommission in!!: the lift station shall be borne bv the developer and not the future Homeowners Knight Sky Estates Subdivision AZ-06.005/PP-06-004 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Association. 12. That tbe applicant bas volunteered to construct eatewav siena2e near the corner ot' Linder Road and Chinden Boulevard, in accordance with the Gatewav Committee's standards. 2. Preliminary Plat and Private Street Applications: Staff believes that the proposed preliminary plat and private streets substantially complies with the Zoning Ordinance. Special Considerations: Development Alon!! State Hil1hwavs: The applicant is proposing one access to State Highway 20~26 (Chinden Boulevard). Staff is supportive of this proposal as it aligns with Long Lake Way across Chinden and is located at the !Ii mile (ODC I1M3H-4B2). The applicant should acquire a permit from ITD for this proposed access (ODC 11- 3H4Cl). The applicant is proposing a public street, Knights Park Drive, that generally parallels the highway and provides access to properties fronting the highway (UDC 11-3H-4B3). The applicant should be required to construct noise abatement in compliance with UDC 11-3H4D and ITD's design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion (100~feet from centerline proposed). A note should be placed on the face of the plat restricting direct lot access to Chinden Boulevard. Kni!!hts Park Drive: The applicant is proposing to construct a local commercial street, Knights Park Drive, that will connect Linder Road to Chinden Boulevard. Staff has been contacted by neighbors in Brnndt Subdivision that are concerned about the location of Knights Park Drive. ACHD has recommended that Knights Park Drive intersect Linder Road as proposed by the applicant. Staff recommends that the Commission take into account any public testimony that may be provided regarding the location and design of Knights Park Drive, as it does come fairly close to the back side ofthe adjacent I-acre properties. The applicant is proposing to construct detached sidewalks with 6Mfoot wide parkway strips between the curb and sidewalk along Knights Park Drive. UDC 11-3AM17 requires parkways to be at least eight feet wide and planted with Class II trees. However, the planter width may be reduced to six feet if there are root barriers installed on the trees. The applicant should either construct eight-foot wide parkways, or six~foot wide parkways with root barriers around all trees within the parkway. Because the applicant is proposing to limit access points to Knights Sky Drive, the applicant should provide a cross parking/cross access agreement for all of the TN-C and C-C zoned lots within the subdivision to use the driveways and parking aisles. Private Street: The applicant has submitted a private street application, proposing to construct two private streets in this development. Staff is generally supportive of the private streets for the mew lots, but not for Lots 29-32, Block 1 as they do not "front" on a mew as the other private street townhouse lots do (see required findings in Exhibit D below). The applicant should either modify the plat bv ensurin!! that all lots that take access to a private street also have frontal!e on a mew (conunon open soace that is at least 50-feet wide), or dedicate W. Castle Canyon Lane as a public street. The applicant is proposing to construct the private streets with a 33-foot wide street section (measured back of curbs) and sidewalks on both sides, within a 43-foot wide Knight Sky Estates Subdivision AZ-06-00SfPP-06-004 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 easement. Gates are prohibited on private streets (UDC 11.3F-4A4). Prior to signature of the final plat, the applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11-3F-3B4). The private street easements shall be depicted on the face of the final plates) (ODC 11-3F-3B3). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. Common Drivewavs: The applicant is proposing to use a common driveway for Lots 33-36, Blocl< 1. Staff is generally supportive of the common driveway proposal. However, rather than flagging the buildable lots through the amenity pond, at least 10- feet of frontage for each lot should be provided using the common driveway easement (make the lots flag at a 90-degree angle to Knights Park Drive). UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the adjacent sidewalk. Further, UDC 11-3C-6 requires every single-family detached dwelling to have a two- car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All of the lots adjacent to the common driveway should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained 011 the face of the fmal plat. Comply with all corrunon driveway provisions listed in UDC 11-6C-3D. Lots 23 and 28, Block 7: The applicant is proposing to create an irrigation easement that encroaches into buildable Lots 23 and 28, Block 7. Staff recommends that these lots be reconfigured to remove the easement from being within the buildable lots. Stub Streets: The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three-acre parcel to the northwest. The ACHD is also requiring the applicant to provide access to the Chinden access, to the 13-acre parcel to the west. Staff believes that a stub to either the Aguirre or Petty property to the north should be provided as well. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development. According to Eagle's Western Area Plan, the existing five-acre parcels to the north are eligible to re-develop with one-acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Density: As mentioned earlier in the report there are existing rural size lots to the north and east of this site. To better transition from the five-acre lots to the north, staff recommends that at least one of the lots in the northwest comer of the development be removed. To provide a better transition between the subject development and the 5- acre lots to the north, staff recorrunends that all of the perimeter lots between Lot 18 and Lot 32, Block 7, maintain at least a 15,000 square-foot lot size. Micro-paths: The applicant is proposing to construct several micro-paths within this development. The micro-paths on Lots 1 and 42, Block 7, also serve as emergency access for emergency service providers. Therefore, the micro-paths/emergency access on Lots 1 and 42, Block 7, shall be improved with either grass-crete or asphalt at least 20-feet wide and constructed in accordance with the Meridian Fire Department's Knight Sky Estates Subdivision AZ-06-005/PP-06.004 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF MAY 23,2006 requirements. All other micro-paths shall be constructed in accordance with UDC 11- 3A~8. Landscaping adjacent to aU micro-paths should comply with UDC 11-3B. Amenities/Open Suace: UDC 11-3G requires common open space and site amenities for developments of five acres or more. The applicant is proposing to set aside approximately 3.5 acres of common open space. Several micro-paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds are proposed within this development. Staff believes that the applicant has provided enough open space and amenities to comply with the UDC. However, details of the water features and the clubhouse are not provided on the landscape plan. Staff has concerns over stagnant water and these water features and ponds becoming mosquito breeding grounds. Therefore. staff reauests that the applicant describe. at the public hearinlZ. how the amenitv ponds and clubhouse will be constructed. how the ponds will not become a nuisance for nearbv property owners. and what the clubhouse and Donds will look like. Landscaping; The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes: · Provide a 35-foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25-[00t wide landscape buffer along Linder Road, an arterial street (ODC 11-2A). Provide a 10-foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN~C and C~C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in conunon lots or in permanent easements, maintained by the property owners association (UDC 11-3B-7C2b). All street buffers shall be designed in accordance with UDC 11- 3B-7. · Provide landscaping in compliance with UDe 11-3B-12, adjacent to all micro-paths. · Provide detailed pictures and/or drawings of how each water feature will be constructed. · Provide detailed elevations and/or pictures of how the clubhouse will look. · Provide details of how the fountain area on the northwest comer of the ChindenlLinder intersection will look. · Provide amenities and open space as proposed; 3.5 acres of cornmon open space, several micro-paths, a club house, a fountain at the ChindenlLinder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The applicant is proposing to construct a six~foot wooden fence around the residential portion of this project. A mix of four-foot tall open~vision and solid fencing is proposed adjacent to micro-paths and interior common spaces. A detailed fencing Knight Sky Estates Subdivision AZ.06-00S/PP-06.004 PAGE 14 CITY OF MBRIDIAN PLANNING OEP ARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MAY 23, 2006 plan should be submitted upon application of the final plat. Ifpermanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro.path fencing shall be designed according to UDC 11-3A-7. Almaden Acres & Brandt Subdivisions: Staff has received several letters from adjacent neighbors in Almaden Acres Subdivision to the north, and has talked with others in Brandt Subdivision to the north and east. The neighbors' main concerns appear to be: the location and design of Knights Sky Drive; the 25-foot wide grass strip along the northern border of the project, and this becoming a nuisance; density; and a request for a six-foot tall vinyl fence along the northern boundary of the project. Staff recommends that the Commission review all letters received by the City regarding this project. Common Areas: Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Associations. Ditches. Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered Pressure IrrilZation: The City of Meridian requires that pressurized irrigation systems be supplied by a year.round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with the entity providing water service to allow a single-point c01U1ection to the culinary water system. If a single-point connection to the City of Meridian's water line is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A~I5 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ.06- 005 and PP-06-004. with the conditions listed in Exhibit B of the StaffReoort for the hearing date of April 6. 2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06 &. 4~5-06) 2. Landscape Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Knight Sky Bstates Subdivision AZ-06-005/PP-06-004 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Zoning Ordinance Knight Sky Estates Subdivision AZ-06-00S/PP.06-004 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23,2006 A. Drawings 1. Preliminary Plat (dated; 1-3-06, Revised 1-27-06 & 4-5-06) 'I III/ 'I I., 1!1,I'lllIl!h~ ~. IIHli;Ili!IIWHl1lllllllllllJlI ~ !...llq...,".... r'~' .:./i I J ~l ~l : ~~~t ,j, .. i:'" . I ~!: ~ ~;~~ ;':1.\ ->:, ~.>/ ~ ~I, ~,;" , 1 ~, i~~~ ~ ~~.. u.rJ ~ ' Ei~ ,".j 'I . ~~~.< ' '. I " . ,'. ,) I ti' -.- , .: . _-.' i~':'r';I~:~ ;;-: f l if. ~,~ ~:t."I~... ~ t j,.. .. I....... lJ....'..:. -.........'J.-'oI.....r....._to_WIo.." ...I.......H;I'.. ...t....,_.._~I'I_,..."'~.....,._.Jp.... .'_,1Io1ll1.._.....~ ~11..._..,..'h.,. _1...-....,..-.,.1._,... 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"..f,., ,./, -:' - I , I' ,,". I , ,:';>.. f.. ~- ~ t ~,. .(, -,," J!";M ~. 'i:l, .1.;\ :"~f~gz.$'I'-" -if,!. ./" I--.~. ).JP I, ~,!..,:.i,:f~.. ,". ~... ~._~ ..:;;;:....:: r:T -'I 1;" njj~1 ~~T'T-i ~,.~ ";7 . ~ . <"l h~ r :i Exhibit A - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (pP-06-004) 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering Company, dated January 3, 2006 (revised 1-27-06 & 4-5-06) is approved, with the conditions listed herein. All conunents and conditions of the accompanying Annexation and Zoning (AZ-06-00S) application shaH also be considered conditions of the Preliminary Plat (PP-06-004). No more than 126 residential lots are approved with this plat. 1.1.2 The landscape plan prepared by The Land Group, Inc., on 14-06, labeled Sheets LI.O, L1.1, L1.2 and L1.3, is approved with the fonowing modifications/notes: · Provide a 35-foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25-foot wide landscape buffer along Linder Road, an arterial street (UDC ll.2A). Provide a 10-foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN-C and C-C) lots (UDC 11-2A). The landscape buffers along the streets shaH be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11.3B- 7C2b). All street buffers shall be designed in accordance with UDC 11-3B-7. · Per UDC 11-3G-3EI, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. · Per UDC 11-3B-IO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. · Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro-paths. · Provide detailed pictures and/or drawings of how each water feature will be constructed. · Provide detailed elevations and/or pictures of how the clubhouse will look. · Provide details of how the fountain area on the northwest comer of the Chinden/Linder intersection will look. · Provide amenities and open space as proposed; 3.5 acres of common open space, several micro-paths, a club house, a fountain at the ChindenlLinder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Pinal Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The applicant shall acquire a permit from ITD for the proposed public street access to Chinden Boulevard. Construct noise abatement in compliance with UDC 11-3H-4D and ITD's design requirements adjacent to the residential uses on Chinden Boulevard. Dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion (lOO-feet from centerline proposed). Exhibit B - Page J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 1.1.4 The applicant shall construct a public street (Knights Park Drive) that C01U1ects Linder Road to Chinden Boulevard, as proposed. The applicant shall either construct 8-foot wide parkways, or 6- foot wide parkways with root barriers around all trees within any parkways with detached sidewalks. Direct lot access to Knights Park Drive shall be restricted as proposed; provide a cross parking/cross access agreement for all of the TN-C and C-C commercial lots within the subdivision to use the driveways and parking aisles. 1.1.5 Either modify the plat by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50-feet wide), or dedicate W. Castle Canyon Lane as a public street. Construct any and all private streets for the mew/townhouse lots, with 33-foot wide street sections (measured back of curbs) and sidewalks on both sides, within a 43-foot wide easement. Gates shall be prohibited on private streets. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private street easements shall be depicted on the face of the final plates). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. 1.1.6 Construct a common driveway for Lots 33-36, Block L Provide at least lO-feet of frontage for each lot using the common driveway easement (make the lots flag at a 90-degree angle to Knights Park Drive). All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks, building envelopes, and orientation of the lots and structures that use the common driveway on the face of the final plat. Provide a two-car garage and a 20' X 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with an common driveway provisions listed in UDC 11-6C-3D. 1.1.7 Reconfigure Lots 23 and 28, Block 7, to remove the irrigation easement from being within the buildable lots. 1.1.8 Proviae a 13l::lblie smb street to either the A-g1:lirre ar PeU)' property to the north. This will aIla'.\' tae lets witffin :\lmadea .'\cres aeeess ta Ghiaaefl Be1:l1evara &ad the proposed oommunity eemmefeial1:lses iB. this development, '.:hea taey re dcyelop. 1.1.9 Remove at least one of the lots in the northwest corner of the development. All of the perimeter lots between Lot 18 and Lot 32, Block 7, shall maintain at least a 15,000 square foot lot size. 1.1.1 0 All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.11 The micro~paths on Lots 1 and 42, Block 7, shall also serve as emergency access for emergency service providers. The micro~paths/emergency access on Lots I and 42, Block 7, shall be constructed with grass~crete, or asphalt at least 20~feet wide, in accordance with the Meridian Fire Department's requirements. AU other micro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths, including Lots 1 and 42, Block 7, shall comply with UDC 11-3B. 1.1.12 Provide a 6-foot tall solid fence alone: the entire boundary of this develoument, as proDosed. A detailed fencing plan should be submitted upon application of the final plat. If permanent Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 fencing is not provided before issuance of a building pennit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro- path fencing shall be designed according to UDC 11-3A-7. I .1 .13 Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Association. 1.1.14 Place a note on the face of the final plates), stating that direct lot access to Chinden Boulevard and Linder Road is prohibited. 1.1.15 Per UOC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Provide irri2ation water to the Brandt Subdivision homeowners. where tbev want it to be delivered. as proposed. 1.1.16 Underground, pressurized irrigation must be provided to aU lots within this development. 1.1.17 Prior to recordation of an annexation and zoning ordinance, provide revised legal descriptions for the TN.C and C-C zones, as described in the Development Agreement. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances, unless otherwise deemed an amenity. All storrnwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards ofUDe 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or tenns of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via a temporary lift station that will discharge sewer to mains in N. Long Lake Way. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer manholes shall be allowed in the landscape islands in the cul-de-sacs. If sewer mains are to be routed under the landscape islands in the cul-de-sacs then no trees shall be allowed in the landscape island. 2.3 Water service to this site is being proposed via extension of United Water mains located near to this site. Ifnegotiations between the City of Meridian and United Water do not include United Water providing service to this property then the applicant shall be responsible for extending City of Meridian water mains to and through this deveropment. The applicant would coordinate main size and routing with the Public Works Department. 2.4 Provide a 20' easement for all public sewer mains outside ofthe public right of way. The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. If the water system is to be via extension ofthe City of Meridian's system then this condition shall apply to water mains as well. 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. Ifit is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with jurisdiction providing water service to allow a single-point connection to the culinary water system. If a single-point connection to a City of Meridian water main is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that details who will own the private streets and how they will be maintained. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shan be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets will be disposed. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10.1-91) for all off-street parking areas. Stonn water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated by the entity having jurisdiction over it, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fITe hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. B>:hibit B - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2,2006 3. Fire Department 3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. A turnaround will be required if the length of the common drivewav exceeds 150 feet. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". NO parkin!!: will be allowed around the oarkin!!: in the cul~de~sacs. 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. The applicant shall provide access via the two micro-paths from Knights Park Drive to the north. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than Exhibit B ~ Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RBPORTFOR THB HBARING DATB OF MARCH 2, 2006 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.15 The proposed 126-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 365 residents at build out. 3.16 Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. 3.17 Provide a Knox box entry system for the complex prior to occupancy. 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.22 There shan be a fire hydrant within 100' of all Fire Department connections. 3.23 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. 3.24 Pool chemicals shall be stored in compliance with the International Fire Code. 3.25 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.26 Where a pOltion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on~site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). · For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). . For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department Bxhibit B - Page 7 CITY OF MBRIDIAN PLANNING DBPARTMENT STAFF REPORT FOR THB HEARING DATE OF MARCH 2, 2006 4,1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic, 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11~3B-I0) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B.I0) will be followed 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888M3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 6.2 SSC will notorovide trash Dick-un services utilizing the conunon driveway. The develooer shall install a concrete nad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shan be of sufficient area to accommodate the receptacles of the residences that take access from the common drivewav. 7. Ada County Highway District 7.1 Dedicate a total of 60-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right~of-way. NOTE: The right-of-way will taper beyond the intersection to the north. The applicant shall coordinate the taper length and total right-of-way needs with Development Review staff. 7.2 Construct a SMfoot detached concrete sidewalk abutting the site on Linder Road located a minimum of 53-feet from the centerline ofthe roadway. 7.3 Comply with the requirements of the Idaho Transportation Department for right-of-way, access, and improvements to Chinden Boulevard (US 20/26). All signal modifications including relocation of utilities and irrigation at the intersection of Loog Lake Way and Chinden Boulevard, will be the responsibility of this applicant. 7"4 Construct Knights Park Drive, the frontage road paralleling Chinden Boulevard, as a 40~foot commercial street section with vertical curb, gutter, and 5-foot detached sidewalks. Provide a minimum 21-foot street section on each side ofthe proposed center islands. Any landscape islands/medians within the public right-or-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Bxhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 7.5 Construct the internal residential roadways as 33-foot street sections (or 34-feet if required by the Meridian Fire Department) with rolled curb, gutter, and 5-foot concrete sidewalks. The applicant shall obtain Fire Department approval for the reduced street width. 7.6 Construct the proposed private streets in accordance with the standards set f011h by the City of Meridian. The private streets shall be required to meet the minimum offset standard of 125-feet centerline to centerline at their intersections with the public street system. 7.7 Construct a local stub street to the 2.99-acre out-parcel that is currently undeveloped and is located at the nOl1hwest comer of the development. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.8 Construct a stub street to the Spurwing property to the west. This stub street shoall intersect the entrance mad, Long Lake Way, without changing the current configuration of that entrance road. 7.9 Construct the entrance road on Linder Road, Knights Park Drive, approximately 550-feet north of Chinden Boulevard (centerline to centerline). Construct a left turn bay on Linder Road for vehicles entering the site at Knights Park Drive, in accordance with the submitted Traffic Impact Study. The curb radii shall be 30 feet or greater to accommodate right turning traffic at the site entrance. 7.10 Locate the commercial driveways along Knights Park Drive, at the shared property lines of the commercial Jots, as proposed. The driveways are restricted to a maximum width of 36-fee1. 7.11 Construct the residential turnarounds to provide a minimum turning radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall coordinate with District Development Review and Traffic Services staff on the design of the parking within the center islands within the turnarounds. 7.12 Vacate 01' exchange the 25-foot wide un-opened roadway easement along the site's north property line through a separate public hearing process. 7.13 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 7.14 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run~off is not to create a mosquito breeding problem. Exhibit B - Page 9 CITY OF MERJDlAN PLANNJNG DEPARTMENT STAFF RBPORTFOR THE HEARING DATE OF MARCH 2, 2006 .' 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stom1 water disposal and design a stOlm water management system that is preventing groundwater and surface water degradation. 9. Settlers' Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral (40' easement), and the Almaden Lateral. Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing itTigation system such as relocation, water delivery, tiling, and landscaping must be approved the SID Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B - Page J 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 C. Annexation and Zoning Legal Descriptions I) TOOTHMAN-ORTON ENGINEERING COMPANY C:Ol'o"SlIHlsa 1'''1111'1:'1:R5. 5URVJi.YOR.~ At'll) PI ANNERS Q777 CII,'IIJlM 80IJ,IVMt) "nl~', JOA,IO "'71.,-)01)8 ~Oll }~~,22S8 ' H\X 2Il',J2J.:lWl l.,ui ~c ~Oi-:-d' f\flr.:;t ,f..a 1 n F'mj'xl: 05037 Li<ll~ .1;-'11,,<11: 1:'.201)(, Pugt. I oi': EXHlBrr "N' Total RezoIl~ .<\l<:a ' De~criplioll A. p.:\f<:c'! of land ~iLullted ill Ihe SOll1l1 1/2 of lile SoulheaSI Quurlcr of''lccliN, 2). r"~~llShip -+ Konh. Range I We~l. Boise Meridian: being a pof/ion 01'J.nl I. Block I Brandl SUb<J;1 ision. lC1;('fded in Book 59 of PllIIs. Pages 5'785-5786. rcc"rd oj' Aria Cl)\ml~'. Idaho: and oil or th;;ll p,:lTc~1 of land as ~hOI\ll on Rel;ord of Snrve~ IrlSlnllllCnr No. 94079j92, Rccoxds or Ada Lounly, Idaho. being lUorc pllrlicularly describ<:d as fol1ow~; UEGJ~lNG ill fOLlnd aluminum cap. morking the: ~omer common \0 Sec:lions 23. ~4. 25 and 26. T Ol~rl~hip 4 North. Ronge I West. Boise Meridian: rrom which II rl'und i1b1l11num cap. mnrklng Ihe 1.'4 C('lJll;'r cuml1\{)Jlto Sc:ctions 23 and 26 bellrs N.N9'38'4T'W.. .:!629.97 feel; thence. /lIons. lh~ se.:riolllinc cummon 10 s:\ltl Sectiolls ~J ;t:ld '::-L II S.OO"54'5l)"W.. 0.10 (eel 10 a poinl on a curvll in the centcrJinl: or W. Clliuden fl.mle\'ard: thence. 1) :--lonhwesterl)' along :\llid CUI'\'C. hal-ing II radius or 3ol.:rn..18 lee:!. un an: length of 80.R9 feel, thwugh a celllrallloj!le ofOO"Og'OS". 'lnd n chOnl bUllring !llld di~tllflcC or1".89"3 7'44"W" 80.89 feel tu II point ofclulgency on the $celiuo line common to said Sections 23 amI :6: t}\lmce. along said section lirw. J) >-l.89"3lr4TW.. 2516.07 CeellO a poinl on rhe SOul]u:rrl)' extension 0f Ihc II eSled;.' Iin<: of said [.,11 I: thellce. UlllIlg. said soUtherly 1;;I;Iension and saiJ \\'esler1~' lir.c of Lot I. .1) \'JlO'H'09"E.. 841.Q6 tC<:l I.(l U point. l:larking Ihe soulh\\'esb:rl~ c~lmer of ro p.lr'~l oflr'lld dt::<<:ribed inlJccd los;lumcm !'\o. 10] 118387: ,herlce. ak'ng rhe sc".I\hcrl~ and ....es!erl~ lines of S:IIJ parcel. Ihc foHowinl! cours",(<: 5. S,S9'4)'-i-.fT. 27!.OO fe..' IQ p,~inT; ther.ct:. 61 ;..;.!JO"2TIjIl"E" -I80.eo l~et;o ro pC'll~1 un the nonher!} line ol\aid 1."1 1: lheueC', ah>lIg said no;>nh.::rl} lin... I~ i.~tl\j...Ar-:1l'"1S.\fI\~."(l-\~ ........I;'.r\lR.CZi);\.. ~~l;.-\~.I.:. BOISE . COEt.:R .1..-\t.,,1'-1:: . CALDWELL Exhibit C - Page I CITY OF MBRrolAN PLANNING DEPARTMENT STAFF RBPORT FOR THE HEARING DATE Of' MARCH 2, 2006 TOOTHMAN-ORTON ENGINlmRING COMPANY I) o Exhibit C - Page 2 I'mj.:cl. 05'187 rhi~' lnlHlar.\ 12. :lfl{i{> ?ige: ~ 01":: 7; S.S9~41''::;'T,. J39; l.t i;;~IIO <llouncll 'T' r<?bnr\\ilh plil~lic Clip. nmklrl!i tl:~ north~ .:,ICI'J.- \:(lmer uf 1.Ot 10. B1l,1ck I I3mndl S.,bdJ\ is.illn: Ihel~Ct'. "J(>nf' the '\C$I:;r!~ line t,~'lQIS 6 lh;Qug.n I{L Block 1 ofsllid Brall.:!~ Snbdi\ hi(llL 81 SI:(I'-I8':':}"\L 9(13.'-1'; kd 1011 i'tiir:l: l:lcn~t', nlong tht' ~\lulh.:rl~' !:t~e ()r~~,i" 1."1 () and till;' \(,ulhcrl~ lhe of tol 5, Block I (If snid Brand: Subdi \ i;wr:. 'h s, 830 5{!' .'TE.. .1011.2(0 J'eet 10 U pOInt: thence, lJlollg 1111.' l'1.werly linc vh:m.: Lo( '>. 101 KOO"'I1' 19nE., '196.4U led 10 a poinl; Ihence. along the souther!)' lin~ of Lt'l5 2 lmd 3. lJJ6ck 1 of s;1iJ Brllodl Sllbdi\"isior.. 11,1 5.89"12') I''E. .198.6 J re~t to the cenlerline of N. Linder Road: thence 1Ilo11g suid cemcr!in~. 12J S.OO";J7'2')'\V.. 605.00 feel to the POINT OF UEGlNNI:iG. CONTAINING 58.56 ucres. Illore lIrless SUB;,n~cr TO all Cu\'cnallts. J{lghl,;. f{iglm.of- War. E.ascm(:nl~ of l{eeOt(l,lm.l iln~' lllcumbl'il!lce~ It U.r,I~ q.il, ,?:;I.:~:t~ ~\ ~'t' ......\;~ .~~rnr \i.. ~!!,~ 1'\( \it::.~ .:.-<. CITY OF MERIDIAN PLANNING DEPARTMENT STAFf' REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C - Page 3 -, :.:.,' " t.l' ,.. ii' '::::1' ~. g ~I ~I ~ 21 >'0 Ij 8 !l!. .. :1' ! ~' S t:: ~ .~ ~ i li ~I' ~ ~I o ~ '" :- ~ Ii :$ ~ :$ ;., :2: !!: ~ !i' ~ ~ '" '" ~"! 'I t~ ~ ~ f i ai Cl aVOH U8(]JlJ'J "J{ ~ ojo If> yl _47'.alI~ -'QQ' ~ CIl.j': ~.~.:;f~:~ ,N, t..-;:t.. , ul i ~ --- - OI;Ir., ~.."U'~?fo__ ~'. Jr---.--A. ~ _ ~ In r .~rr""" - -_.~ (II --- e ~ f! - N ; I vi ~ I/: .. <3::if: ci g S! "'_. I B; 0' ~ ..",+--. 6 :7. 0 E " ~Ilt;- ~ ~I~ fIl t .... ~ ~ = ~ \ @ @ ~ ..L i e-~' - "-"- r...... ,g,.'1Gl 161.U'.DaN o @ -, . -, '"1 \ ,I e lei, l" -'-ll.. ~:! I~ @) <'i) :... I;l ~ Q g: II> t~iI'lt'l. . ~,~, .'S~"" !:':'J~ '1':<< ~ 'UJ:;.'jt.l D,Ir'~ ~g ~e! ;::;.' Q III a ijl" ~~ Q@ i~ .. ~ .. ~tJ M'" z;~ ~'" l:l~ .,."> I p: ~ U "'l ! ~, .(1.>'_ . ,I.. H I' ;. I~[rlf.:. u:.\ VN I.~~IW]$NI :1:. ""~'N.'+J{:hli~t 1(11~~fl ~ ~ =:~ I Y).U-n:J . ,10"1 r.I :~ ' .;If"; ....Clt...Crl V ~ ._~-~-~ .~.~~~~~ -~, . -- ~ ,~- _". ~ol.', 1.11.:7':' ,,;.iJ""'" i, .. l'I'01a ''G'l .:,:)" N01SIMoans DNllUifldS , i 0. I' I,~,I !@ 5 ~I~ ~ < g~ ~: i..; _I tt >. Lh u i~ ~:. I 'i. ~ ~~! 1 ~ ;;~!~j' ill' I ~ ~uH !l '.'$''',,: ~: i " . l- - "! ' ~ !~ :... I~ ~ ~~ ..'-.:.' " t ., ;..R " ':' rn ":;~ :'~ ;j~ }< Ii;. ~ ,"< !i !:~a :g II >".ft! i 11:\ cO Ii It) ~.. H "' fo1'!< ~ l5~ :llt ~ -, j "1 .. ! 0_ ~ I ~ t: . ~ I g ~ , .., >, II I, , l.(.O.UD:?":._, ...f~ l? 10 '" N .0 g . .," ~ Ci o "'C".IC1': U 51<.: ~ I !~ I .... ~I:\;::~ ~. iE"2'7~ Cil ~ "" . ~ .~g~,1 Oll../~ ~~, z~~~,il r:r11:, . ~ ZI~';f8 ~ O~~N"} ~ "~~' ~ o i''l''', ~I': roZ!1 ..., ~g", ~ S i~ ~ ~I o z,..;t; 'T j ~ ""<;>11 ''', aT ,r, I o o _ ~) <:> ." ::> -< N ~ ~ ea~~ ....0 rn-=l' ~m z r.;.. s; I:i::I A 0 0 Z~ Z .eJ Otr.l~ ;:j~ N~&-- Sl ~~ ~ .... j::O n.>> ..., u OJ ~I'T\~ ~....:o .....rnw VII ~ 7.Iu..~ot ......Ql-o:-e r:.......~>-~z-~ ~t) ~o~wz 00 lLJ ~::.J r:.......~ f5t:ll!~o t;""""' tJ) => a;; u .. f~ W <( .-l Jiz;, 1ii r.= t ~ E-<O u..ir o 00 ...U::) z .::- p:: c:-.I ml%.o ,'t ~OU .-a. :: ~ VlX z~ VI o z ~e:r:... ~ """'"'~o 8 e3~~ ~-<Q r:a::l ~ lr crry OF MBRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Pwjt.:t.:l No: 05087 Dttlc: J)cccUlbor Hi. 200.~ I'ng": 1 orl TOOTHMAN~ORTON ENGINEERING COMPANY !:t)NSUCfINO t;N(llNI:!J1RS. SL'ltvCYORS ANn r'LJ\NNERS 1777 u IINo[N eOULEVAlm AO:SE. II Jf\HO IIJ1I4.20ns ~Oll JH "llll . ~^X 2L\3-]~J.J.l'J'i ~s:e310~i1.E:..';i).c;'tIt;1 1!:XUlliLT "A" Lmd De:scriplion [or R-4 Rezone A parcel of land located in !he S v" of the BE Yo of Section 2:1, TO"...nship 4 Norlh, Range 1 Wesl, Boise Mcridillll. Ada Counly, Idcl1o, heing a purtlon On.lll I. Block 1 of RR AN!)'I' ~ODDrvlSION. descrioed l.\,'; folluws: CO!\1MI!:NCING ala point. marking the cOnlcreoml'nlln [n Sections 23.24.25 :md 2(i. Township 4 North, .R.'\t\ge I WeSL, Boise Meridi~n. frOItJ whk.h rhe ';' COTner commVI1 LO s.11d Section!l2:l und 26 beurs N.89"38'I\7"W., 2629.97 feet; (himCl::. alOlI!:; rhe line common (0 saic! Sections 23 wId 26, A) NJI9u::\S'47"W., 2596.97' fl':et to a poinl on lht: southerly extension oflhe we:iL~'Tly lint ofsaid Loll, Block I or ARANDT SUBDlVISIOK; ~hen..:~, ;dlll'l~! said somberly exteusion therec.ll' and the WllSlCrly line of said Lm 1. H) N.OU"27'O!>"E., 381 J? felll to the POINT OF BEGTNl't."TNG; thC!\c(:, cOlltiuuinB along llaid westerly line, I) N.OO"27'09"E., 459.69 feet; thence, along the southerJy I1lld easterly line of f\ parcel orland described in Dced InstrumenL No. 101128387. recorrls of ArlQ County, ldilho, the following courses: 2) S.8904I'4S"E., 272.00 feet, thene!:, 3) N.Ooo27'09"E., 480.00 l'eellothe northerly liM orll:l.id Lot I; thence, along said northerly line, 4) S89u41'4S"E., 1393.14' tathe Dorthw~lerly COmet afLot 10, Block I, BR.AJ."\fDT SUllDfVlSION; thenc,;. along the westerly lin!: ofLoLS 10.9.8.7, and 6. Ulack I of said subdivision and tbe southerly extension thereof, 5) S.Ooo48'23"W., 939.88 feel; thence, G) N.8904I'2S"W.. 1659.34 feeL to the POiNT OF BEGrJ'Io'NING. CONTAINING: 32.86 Acres, Olore or 1e:;,'1. SUBJECT TO: All cLwenants, RighL'I, Rights-of-Way. Ellllemcuts of Records and an)' F.ncumb[3!Jces. H.\iISU87\\\'Pfi)O$\'lURVEYIf"lM-R4It1lZOl'IE (}1',SL1UI'L1ON de>: 80JSF. . CQWR d'..../..ENI! . CALDW1:;U. Exhibit C - Page 4 CITY Of MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 TOOTHMAN-DItTON ENGINEERING COMPANY Q>>;SULTlSO F.NOrNll!:RS, SURYm'OM AND PI.ANNEkS 9777 CHINOEN BOULEVARO RaISE, Io.~H(l Jl37 H 2006 20R.323.~1~ . ~AX 'OUn2J~ bol!<~urn~rC<>.<O'l Projecl K(\; 05087 Dale: JUllC 1,2006 Page: \ of I EXHIBIT "A" 1.and Description for TN-C R~.(lne A parcel of land localed in the S Yz of the SE Yo of8ettion 23. T()wDsllip 0+ Nonh. Rmlge 1 WC5t, Boise Meridinn. Ada Count)'. Idaho, being 11 portion ofT.Ot I, Block I of BRANDl SUBDrVrSION. described as f(\lIoW5: COM!\1ENCL"G at a point. marking the corner common to Seclion~ 23, 24, 25 and 26, Town~hip 4 },'onh, Range I West, Boise Meridian, from whicb the V. cprner common 10 said Sections 23 and 26 benlS N.1l9038'4T'W., 2629.97 feet; thence, along the line c:omm(ln to said Sectiolls 23 and 26, A) ~.89038'4 7"W., 498.62 feet 10 !he POINT 01;' BF-GrNNING, thence, continuing along said coounan line (aIM) the eenlerlin~ ufW. Chinden Boulevw), I} N.89"38'4T'W., 2098.35 fuel to 11 point on the so\lthec1y extension oflhe westerly line of ~ajd loOt l; thence, along sllid southerly extension and said welltcrly line of l.ot I, 2) N.OO"2?'09"E.. 381.37 feel; thence. leaving said westerly litle. 3) S. 89041.2S"E., 1659.34 feet to II pl)iot on the southerly extension of the westerly line of1.ot 6, Block 1 of said subdivision; thence, ail'mg said southerly extension, 4) N.OO"4S'23"E., 35.95 feel 10 \he soulhwcst:erlY cornerufsaid Lot 6; Ihence, along !he southerly line of said Lol6 and the southerly I ine ofT .01 5. Block I of said subdivision. S) 8.88050'33"8.,441.26 fel::t LO Ihcsouthea!;terlY!;(lmer of said Ll'lt 5; tbence. wong the soulhtlrly extension of lhe eastt:rly line of said Lot 5, 6) S.OO'"47'29"W., 412.41 foct to the POlNT OF BEGINNING. CONTAlNING: 18.75 acres. mure or less. :iUBJECT TO: All cnvtlnants, 'Rights, Rights-of.Way, Easenumls of&:corlls end any 'Encumbrances. H'\050.1'.WPIlIo."Wlt""f.V'J'JCI'~.TN'C REZONE DF.SCll:.l' I toN 2-010< BOlSE . coeUR lI'At.~Nl:: . C,\WWELL Exhibit C - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 TOOTHMAN.ORTON ENGINEERING COMPANY CONlM.TDlO ENO'I\'ESlS. SURVEYORS AND P!..ANNBkS 9777 (HlNDE"l BOUl fVAAO lII'ilSf. IO^HO.'l17'~.200~ lfIn.12J.128l1 . r..., ~IJB.)J'J.2J99 boise<<l<""~rm.(om Prujccl No: 05087 Dall" June I, 2006 Pag~; J of 2 t:XffiBIT "A" LMd Description for C-C RCZ(lfil: A plU"cd of Land located in 1he S ~ ofthe SE v.. nfSection 2J, Township 4 Nortil, Runge I West, Boise Meridian, Ada COW\ty, Idaho, being a portion ofT.nt I. Bl.ock lof DRANDT SLI;lDMSION. ll1'ld allthal pattel of Imd, as shown on a Record of Survey, recorded us InSlnlnlent No. 94079392. records of Ada County. Cdnho, de.~crihoo liS follow~; BEGINNING at a poinl, marking the comer common to Sections 23, 14. 25 and 26, Township 4 Nortll, Runge I Wesl, Boise Meridian, from which the V. conter COU:UIlon to said Sections 23 and 26 bearsN.890JS'47'.W., 2629.97 feel; thence, along the line comOlon 11.1 said SfCtiollS 25 and 26, I) S.OO~54'56"W., 0.10 feet to Q poinl on a elm/e, marking the ccnlerlillc of W ChinJ;;;n Boulevard; thence, nJong said centerline, non-Wlgenl ~"'itb the previous course; 2) Northwesterly along l18id curve to the left, having a rndilU of 34,377.4B f...'CI, an an: kogth of 80.89 feel.., through a cenlml angle aiOOoOS.OS", and;1 chord bearing rmd disUlncl: ofN.R9"34'44"W" 80.89 fee1to /l point of tangency, thence. conlinuing along smd cenlerline, 3) ~,89038'4rW., 417.73 feet to a p~,inl on the sClulhcrly extension ofthe westerly lillC of La I 5, Block \ or said subdivilsion; thence, olong said southerly extension thereof. 4) N.Ooo47'29"E., 412.41 feet to the soutlllr~ICfly comcr ofsaid tot S; thoneI':, alnng the easterly line of said L:lt 5, 5) N.Ooo47'29''E., 196.40 feet lo the southweSlerly comer of Lot 3. ntock I of said subdivision; thence, slong the soulherJy line of stUd Lot 3 ond Lot 2, Block I 01" said subdivision, 6) S89~ 12'31"E. 498.61 t"\=t.111) lhe centerline of N. Linder Road; thence, clong !laid cOlller-line, 1"'.c~t'TI'.VPIIl<S\.~l:jlYC'l"4>llo\..c.c REZONE Ul\lICRJl"llUN l.d... !lOlSE . cot:L:& (I.M.ENE . CALmvJ;.LJ.. Exhibit C - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA IE OF MARCH 2.2006 TOOTHMA.'\l.ORTO~ E:.'lGINli:Io:aJNG COMPANY Project No: 05087 Date::: De:ccmher 27. 2005 P~gc; I on 7) S.tlO"47'29"W., 60S.00 feel to the POINT OF BEGINNING. CONTAL~lNG: 6.95 acre.q, more or leslL Sml.1ECT TO: All covenunts, Rigbts, Rights-<lf-Way. Easero~nts of Records and allY Ellcuolhrallce~ . H\o~na7l"'1'f"""'SUR.VI:Y\~'<bJ\..C.l: Rf:ZONE DESCRII'TlON 1 do. 2 Exhibit C - Page 7 CITY OF MERIDIAN PLANNING DEPARTMBNT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 ~I !, ~I , ~;i !I I" I l<' ~ ~I ~I 11 ~ ~ ~ ); I., g 01 :0; S, fj ;] E 9 ~. 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Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds that the proposed zoning designations of R-4, TN-C and C-C comply with the Comprehensive Plan and recently amended Future Land Use Map. Council finds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts ofTN-C and e-c. lfthe applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings, Council fmds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. Th~ map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this fmding. 4. The map amendment shall not result in an adverse impact upon the delivery of sel'vices by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in tbe best of interest ofthe City (UDC 1l-SB-3.E). The R-4, TN-C and C-C zoning amendments will provide both residential and commercial uses in this area. Council frnds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Annexation and ZoninlZ of this property to R-4, TN-C and C-C would be in the best interest of the City. 2. Preliminary Plat Findings: Exh ibit D - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the declsion-maldng body shall make the following fmdings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available 01. can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more detai Is.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACIID, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or importance. 3. Private Street Findings: Exhibit 0 - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 1. The Design of the private street meets the requirements of this Article; Council finds that the design of the private streets meets the standards as set forth in UDC 11.3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the DDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location ofthe proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. ACHD has reviewed the private street request and is supportive. Exhibit D - Page 3 -""