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Kenai Subdivision AZ 06-021 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/a1/06 02:23 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City of Meridian AMOUNT .00 57 III 1111111111 111111111111111111 " 1II1 106141056 ',,---- .,- DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Kenai Partners, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~ day of Al.~US-l. , 2006, by and between City of Meridian, a municipal corporation of the State Idaho, hereafter called "CITY', and KenaI Partners, LLC, whose address is 6223 N. Discovery Way, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract ofland 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. ~ 67-65l1A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the 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 ofland; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R -15) High Density Residential, and (C-G) General Commercial District (Municipal Code ofthe City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 1 OF 11 "Property" will be developed and what improvements will be made; and 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 18th day ofJuly, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes [mal action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. 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 06-021) KENAI SUBDIVISION PAGE 2 OF 11 3. DEFINITIONS: For all purposes ofthis 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 of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Kenai Partners, LLC, whose address is 6223 N. Discovery Way, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-15 (High Density Residential District) and C-G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Unified Development Code which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-15, and C-G zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-021 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 3 OF 11 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That all future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the owner/developer will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City 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 development of the residential and commercial lots, along with the orientation and relationship to the street, particularly the auto court, shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of June 27, 2006. 8. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 4 OF 11 9. That the maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40' in height. 10. That the owner/developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C-G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. 11. That the owner/developer shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 12. That the owner/developer shall coordinate with the Meridian Parks Department the transfer by dedication of the 2.035 acre addition to Kiwanis Park. The owner/developer shall also be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "OwnerslDevelopers" heirs, successors, assigns, to comply with Section 5 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: "OwnerlDeveloper" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 5 OF 11 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner/Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "OwnerlDeve1oper", prior to the third reading ofthe Meridian Zoning Ordinance in connection with the re-zoning ofthe "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 06-021) KENAI SUBDIVISION PAGE 6 OF 11 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach ofthis Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, ifrequired by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de- DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 7 OF 11 annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ill 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 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. DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 8 OF 11 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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. DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER KENAIPARTNERS,LLC I'~~/II~ CITY OF MERIDIAN J~~ By: MAYOR ./Jl''p:/lJ~ ,. I~,'t t}6~~ ,"\"\ """ Of MEfi>b-.'ifi ~::.,,:-' /\ --..---..........~ "-:I~/ ..::- (j ,/" r.IrlPO;" 1"", .'/, :2 .r]J" ", i>11; 'Y '~. ... ~,'"" (:'0 ..- 2 ~ ~ - ..- - - j'-22--1J6 Attest: CITY CLERK E::J~;;~~ .~ -~~~I .s;jJ ~ ~ 'Y., " '"(.~,, "G';" 'I ~:" .... '~"~ 'C,'..... 1 '31" '/ ~I,- ''::" .., . ,-.,~..,,,: J / 'e' '(.. ~ ~ ,... 'f}/..: C{.,., :~~. ~~ ~) ," <,,~: ~/lj/I"U'I1n ' \\\\\\' . (11/11/1'1111\\\\ DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 10 OF 11 STATE OF IDAHO ) : ss County of Ada ) On this l:L day of A u..~ kSf , 2006, before me, the undersigned, a Public in and for said State, personally appeared '''"g, -::r h r\,s on behalf of Kenai Partners, LLC, known or identified to me to e ., r>1,.J, er- of said corporation, who executed the instrument on behalf of said corpor tion, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "........". ", O"t ....' 'BONe t"" ...... ~ y......... <: ',,"" "r" ~~ (S~~. ~~y . \ .. ~. 0'" .. :<!::,-' CJ :0: :'"$. ~ ::1:5 ~ ", ..,\)~ I ~ ~ ~ ~ ..~~ ~.. .... .. ... G '" ..~ .... .... 0" ...... """ Sr A T~ ....,.... "................ ?!!:tOh~JIL) 0( ~ Not Public for Idaho Residing at: e,-,' 'a "- 2 n My Commission Expires: ~ 1- 08 STATE OF IDAHO ) : ss County of Ada ) On this ~d n:a day of A~uEd- ,2006, before me, a Notary Public, personally appeared Tammy de Weerd aM 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 ........ j cull .. 1\.RA .. .... ;J~-O-#,Q... Ci.h.fl. . A l tl ~ (SEAL) : ,/ "1~'~.~ Notary Public for Idaho : r ~ :~: Residing at: Cl \du..dJ I ID ~\ ,: : Commission expires: ~b~n.ll ~~' ;/ .. DEVELOPMM~ ~~..(AZ 06-021) KENAI SUBDIVISION ~... Afi~.. .... PAGE 11 OF 11 March 6, 2006 Kenai Subdivision Proposed Annexation A parcel ofland located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.IB., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, the REAL POINT OF BEGINNING, from which the Northeast comer of said section bears North 89046'02" East, 2656.88 feet; Thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the extension thereof South 01042'39" West, 2649.87 feet to the Southwest corner of said subdivision lying on the North boundary of Thousand Springs Subdivision No.5, as same is recorded in Book 79 of Plats at Page 8535, records of Ada County, Idaho; Thence along said North boundary South 89054'13" West, 1247.79 feet to the Center of said Section 20; Thence along said North-South mid-section line and the East boundary of Resolution Subdivision No.1, Valencia Plaza Subdivision and Riverbirch Courtyard Condominiums, as same is recorded in Book 82 of Plats at Page 9041, Book 91 of Plats at Page 10764 and Book 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00024'04" East, 2645.54 feet to the Point of Beginning. Containing 77.66 acres, more or less. ~"'?PR 'oJA V1 RE.V . B'{ . '"' 1\ \.) '\ :j2DQo ",\~i\.P ?UB\..\C t-J\ER\O\~~ oEP'. \NOR" 51115/51115-anx.doc March 6, 2006 Kenai Subdivision Proposed R-15 Zone A parcel ofland located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, from which the Northeast corner of said section bears North 89046'02" East, 2656.88 feet; thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; thence along the West boundary of said subdivision and the extension thereof South 01042'39" West, 1556.20 feet to the REAL POINT OF BEGINNING; Thence continuing South 01042'39" West, 1093.67 feet to the Southwest comer of said subdivision lying on the North boundary of Thousand Springs Subdivision No.5, as same is recorded in Book 79 of Plats at Page 8535, records of Ada County, Idaho; Thence along said North boundary South 89054'13" West, 1247.79 feet to the Center of said Section 20; Thence along the North-South mid-section line of said Section 20 and the East boundary of Resolution Subdivision No.1, as same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho, North 00024'04" East, 1104.23 feet; Thence South 89035'56" East, 1023.14 feet to a point of curvature; Thence 46.80 feet along the arc of a curve to the right, said curve having a radius of75.00 feet, a delta angle of35045'14", and a long chord bearing South 71043'19" East, 46.05 feet; Thence North 36009' 18" East, 17.42 feet; Thence South 89035'56" East, 195.60 feet to the Point of Beginning. Containing 31. 78 acres, more or less. 51115/51115-r15.doc ( March 6, 2006 Kenai Subdivision Proposed C-G Zone A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, the REAL POINT OF BEGINNING, from which the Northeast corner of said section bears North 89046'02" East, 2656.88 feet; Thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the extension thereof South 01 042'39" West, 1556.20 feet; Thence North 89035'56" West, 195.60 feet; Thence South 36009' 18" West, 17.42 feet to a point on a curve; Thence 46.80 feet along the arc of a non-tangent curve to the left, said curve having a radius of75.00 feet, a delta angle of35045'14", and a long chord bearing North 71 043'19" West, 46.05 feet; Thence North 89035'56" West, 1023.14 feet to a point on the North-South mid- section line of said Section 20 and the East boundary of Resolution Subdivision No.1, as same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho; Thence along said North-South mid-section line and the East boundary of said Resolution Subdivision No.1, and of Valencia Plaza Subdivision and Riverbirch Courtyard Condominiums, as same is recorded in Book 91 of Plats at Page 10764 and Book 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00024'04" East, 1541.32 feet to the Point of Beginning. Containing 45.88 acres, more or less. 51115/51115-cg.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER " ~~-~ "i-;'~' .. ~,- '-~, ~ ~O ./" C,l'IY t,f. ~!'tl,,_ ."_ " "-7VltJr/dian i; , ':~i , I:'l-,\HO I' --.f.'_ I'I "'t,f,,, ~/- '-,j~~{i4.. . i L):~r ~~ -d!.lVl~~~::~,Ii-..' ",":! , ~'" In the Matter of Annexation and Zoning of 77.66 acres from RUT to R-IS (Medium IDgh Density Residential) (31.78 acres) and C-G (General Commercial) (45.88 acres) AND PreliJninary Plat approval for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi-family cesidentiallots, 25 common lots, and 32 commercial lots on 77.66 acres. ' Case No(s). AZ-06-021 and PP-06-019 For the City Council Hearing Date of: JUDe 27,2006 (findings on July 18, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached St<:t-ffReport for the hearing date of June 27,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 4. Required Findings per the Unified Devt:lupment Code (see attached Staff Report for the hearing date of June 27,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plamring Act of 1975," codified at Chapter 65, Title 67, Idaho Code (Ie. ~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 ~.uIring maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the C;ty 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 9 ll-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-06-021 and PP-06-019 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and service::; rtx}uired 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 June 27, 2006 incOIporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a. condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 II-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated Revised, June 27, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant shall be responsible for continuJn2 the proposed pathway (alone: Ridenbaullh Canal on the southern property boundarv to Lot 8 Block 3) alone the western prooerty boundarv to the area where the proposed R-l5 zone transitions to the C.G zone. The pathway shall then connect to the prooosed detached sidewalks alonl! S. Kenai Wav and continue internally throue:h the site to connect with E. Overland Road. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 27, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of CITY OF MERIDIAN FINDINGS OF F ACf, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06-021 and PP-06-019 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary phi.t approval. Upon written request and filed by the applicant prior lo lhe tennination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the fmal plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use pennit 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-cight (28) days after tile [mal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 27,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06.021 and PP-Ofi.019 IO-l'!-- By action of the City Council at its regular meeting held on the _1/ - day of ,2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER JOE BORTON VOTED /f6~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBDR KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) ~/ Attest: d'f.dL.=.J.. &-..., 8;:::,1, William G. Berg, Jr~ty ~erk ~ 74.. fJ J -;;. ~ ,~-"" '\..0 " ~ '~' ~r 1\J1 . ~.:- ~ tar,,: ~ "',. -.;:>" ~ ," Copy served upon Applicant, The Phuuiliyg,kb....rLn~Jl'tiblic Works Department and City W,r.~I~I~:~ \ \' Attorney. By: Jo\.l\ ffi.-b~ D ,0 . Clerk Dated:-.J.20 p OV1 CITY OF MERIDIAN FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-021 and I'r-06-019 CITY or MERIDIAN PLANNING DEPARTMENT STAFF Rt:PORT FOR THJ:.: HEARING DATE OF6/2712006 STAFF REPORT TO: FROM: Hearing Date: June 27,2006 Mayor & City Council Joe Guenther/Jenny Veatch Associate City Planner 208-884-5533 , ," .~ . ,_. ~~lf' ,. , t{ ~""'~~16~,; · I"""'..... 0 / my"" lntl ',~. \.../YLtJr/ditlfl . ~,(~, \: ,. 1,1.\H() .!-, '<\'.F,)i", i-' i".../;:I' .....=!-~~ 1.I":'IL,,1 '.,,,, ,j_:~J.~'l-"<1o . ~1"" Kenai Subdivision. All applications are for Kenai Subdivision by Kenai Partners LLC. AZ-06-02l - Annexation and Zoning of 77.66 acres from RUT to R-15 (Medium High Density Residential) (31.78 acres) and C-G (General Commercial) (45.88 acres). PP-06-0l9 - Preliminary plat for 64 single family detached residential lots, 24 alley loaded/attached single family residcntiallots, 9 lllulti-family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. 1. SUMMARY DESCRIPTION OF Al'PLICANT'S REQUEST SUBJECT: The applicant, Kenai Partners LLC, is requesting Annexation with a Preliminary Plat to construct retail/restaurant/and office uses as well as a mixture of attached, del<u.;hooll.lld townhouse residences on approximately 77.66 acres within the Kenai Subdivision development located approximately ~ mile west of the intersection of Overland Road and Eagle Road/SH-5S. 2. SUMMARY RECOMMENDATION Staff recommends approval of Kenai Subdivision w ifu lIluuifications to the proposed layout as follows: . Lots 56~59 of Block 3 shall be amended. These lots do not have road frontage and do not meet the m.i.n..UUWll stamlan.1s of the UVC. Meridian Parks Department has requested a pathway spur at this location to connect to the Ridenbaugh Canal. The bulk of these 10ts may be transferred to Lot 60 Block 3 with a common lot being created to provide the ~pur c:onnection. . Lot 8 Block 3 contains a multi-use pathway through the addition to Kiwanis Park. The pathway should be extended along the western property boundary to the area where the urolJosed R-15 zone transitions to the C-G zone. The pathwav shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internaBv through the site to connect with E. Overland Road. . A conditional use permit shall be required for all multifamily units and must comply with the standards ofthe UDC 11-4.3.27. . A private street application shall he required for the 42' wide private driveway in the commercial portion of the project and must comply with the standards of the UDC 11- 3F. Staff therefore recommends approval with conditions of the subject applications (AZ-06-021, PP-06- 019) as detailed in the staff report dated June 27, 2006. The Meridian Plannine and Zonine Commission heard the item on ~av 4. 2006. At tbe public hearing thev moved to recommend aporoval. NOTE: ....1$ efthe uriBt dea.n:-e fer tllis ltBdatell gt;effReJJeri. the al'plisaBt ha5 Bat submitted 11 Fe,<ised ~FeIimiBllrv Blat "lith tile madifiea$ieBs Beied Han. On .June 27. 2006 Citv Council annroved the subled annlieatioDs. a. Summary of Publie Hearing: 1. In favor; Deeky McKay (Applicant's Representative), David Koga, Andy Brstad ii. In opposition: Ralph Ingle, Dan Curtis, Gloria Fern Kenai Subdivision AZ-06-021 IPP-06-0 19 Pllge 1 CITY or MERIDIAN PLANNING DEPARTMENT STAFF RllPORT l"OR THE HEARING DATt:: OF6/27/2006 iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. variance for setbacks on alley-loaded products; ii. clarification of south boundary elevation on auto court units c. Key Commission Changes to Staff Recommendation: 1. None d. Outstanding Issue(s) for City Council: 1. None PROPOSED MOTIONS (to be considered after tbe public hearing) Approve I move to approve File Numbers AZ.06-021!PP-06-019 as presented in Staff Report for the hearing date of June 27, 2006 with the following- modifications: (Add any proposed modifications. ) Deoy I move to deny File Numbers AZ~06.021!PP-06-019 as presented in the Staff Report for the hearing date of June 27,2006 for the following reasons: (You should state specific reasons for denial ofthe annexation and you must state specific reason(s) for the denial of the plat.) Condouance I move to continue File Numbers AZ-06-021!PP-06-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: W1/2 of the NE 1/4 Township 3N, Range IE, Section 20 b. Owners Kenai Partners LLC 6223 N. Discovery Way Boise Id 83713 c. Applicant: Kenai Partn~ LLC 6223 N. Discovery Way Boise Id 83713 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT-Ada County f. Present Comprehensive Plan Designation: Mixed Use~Regional- 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit Al (prepared by Engineering Solutions) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site pIan which depicts the lot layout, building, parking and access locations with adjoining subdivisions and building elevations. Kenai Subdivision AZ-06-021JPP-06-019 Page 2 CITY 01' MI!RIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF6/27/2006 h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture ofRetaillRestaurant/ OfficeIDrive through and other Commercial uses oriented around automobile traffic, the central portions of the site are designed around transitional uses of office sites into a mix of !lingle-family detached units and multi-family residential units. The applicant notes that the site is an ideal location for a retail/residential complex and will provide the additional landscaping along drive aisles, a park site, and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning (including rezones) as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as detennined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chaptc;r 6, a public hearing is required bt:[un: lhe City Council on this matter. c. Newspaper notifications published on: Council - December 19 and January 2, 2005 (for P & Z Commission heariug) and JWll;: 5 and June 19, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: Council- December 19, 2005 (for P & Z Commission hearllig) and June 2, 2006 (for City Council hearing). e. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and June 17, 2006 (fur City Council hearing). 5. LAND USE a. Existing Land Use(s); Bare land, existing single family residence with out buildings. b. Description of Character of Surrounding Area: lot residential. highway.oriented services, rapidly urbanizing commercial/office projects, high school. c. Adjacent Land Use and Zoning 1. North: Undeveloped commercial, C-G 2. West: MOWltaiu View High School R4, Office Park L-Q 3. South: Thousand Springs Subdivision, R-4 4. East: Developing CommerciallRetail (El.Dorado Business Campus), C-G d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is a sewer main stubbed to this property from Overland Road. Location of water: There is a water main stubbed to this property from Overland Road, E. Gala SlIt:t:, and E. Blue Horizon Drive. Issues or concerns: None 2. Vegetation: AgriculturaVIrrigated Kenai Subdivision AZ~06-021IPP.06..o19 Pas" 3 CITY Of MBRlDlAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF6127/2006 3. Floodplain: N/A 4. Canals/Ditches Trriga.tion: Several unnamed ditches cross the property. 5. Hazards: None identified. 6. Size of Property: 77.66 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Overland Road. Attached townhouse and single family residential, front accessed (shared driveway) and alley accessed residential products. f. Subdivision Plat Information The submitted plat includes an R-15 proposed zone with 64 single-family residential lots which are to share common driveways and are in the 4,122 to 6,868 square-foot range. The 28 alley acccssed homes arc located in Blocks 6 and 8 amI Me in the 3,440 to 4,300 square foot range. These lots are designed to meet the minimum standards of the R-15 district with common lot lines (zero lot line setbacks). The submitted plat also includes nine lots in an R.15 proposed zone. These R.15 products are designed around a modified townhouse/apartment design and each huilding would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has not included a conditional use permit request for the multifamily writs. The submitted plat also contains 32 lots in a C-G proposed zone with commercial/office uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Overland Road is designated as "Entryway Corridor" to the edge of the site. The overall site is not required to provide entryway corridor landscaping. As such, the UDC (Table 11-2B-3) requires a 25~foot wide street buffer adjacent to arterial roadways. The landscape plan (Sheet Lt.1) proposes a 35.foot wide huffer along Overland Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width ofbuffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-4 (Meridian Joint School District), properties to the east are zoned C-G, and the properties to the south are zoned R-4 and have existing residential sepRTRted hy the Ridenhaugh Canal and future regional multiuse pathway. Lots adjacent to the site on the west and south as shown on the landscape/site plan include greater than the 25' standards and no additiona.llandscaping shall be required if the landscape plan is installed. as proposed. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along internal roads should be constructed in accordance with UDC Chapter 3, Article B. Kenai Subdivision AZ-06-021IPP.06-019 P/lgc4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF6/27/2006 h. Planned Development Characteristics - N/ A i. Conditional Use Information (The applicant has not applied for a conditional use for multi- family at this time. However, it is part of their concept plan. The following information is provided as a guide for future application of the conditional use): 1. Non-residential square footage: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C-G standards 3. Percentage of site devoted to building coverage: Not defmed 4. Percentage of site devoted to landscaping: 3.627 acres, 11.4% (residential only) 5. Percentage of site devoted to paving: 10.677 acres (right of way, entire site) 6. Percentage of site devoted to other uses: 2.035 acre park 7. Number of Residential units; 128 multifamily j. Amenities - The applicant is providing a clubhouse in either Lot 1 or Lot 3 Block 4, recreational facilities in the public park and additional open space for the rcsidc::ntial 8.l.uenilit:s (BBQ pit, Benches, picnic areas). The applicant is also proposing to install the multiuse pathway along the Ridenbaugh Canal as well as pathway spurs into the site. k. Off.Street Parking (residential uses) - provided within the R-15, to meet the multi~family standards set forth in UDC 11.4.3.27 and to be determined by future CUP. 1. Proposed and Required Residential Standards -R-15 bulk standards apply as found in UDC 11- 2A. R-15 (Standards) Setbacks (*a11 streets 10eal) Proposed Requirt:u Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 10{flag lots) Lot Size 3,440 2,400 Maximum building height 40 40 m. Proposed and Required Non-Residential Parking - One off.street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per upc ll-3C.8). The total number of parking spaces has not been calculated. This may be addressed during detailed CUP review and building design review but the lot sizes should be sufficient to meet the minimum standards of the UDC parking requirements if appropriately designed. n. Summary of Proposed Streets and/or Access (private, public, conunon drive, etc.): The applicant is proposing one new public access point to Overland Road/SH55 to serve the Kenai project at approximately 593 feet west of the eastern most property line. Kenai Subdivision AZ.06-021IPP-06.0 19 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE REARING DATE OF6/27/2006 This project will connect with the EI Dorado Subdivision, at a public street (Blue Horizon) co:rm.ecting to Eagle Road and at Gala Street to Valencia Plaza Subdivison. The internal road, S. Kenai Way will serve as a collector road for the site, the applicant has proposed appropriate widths and landscaping for S. Kenai Way. In addition, the applicant is requesting two new access points to Overland Road at the following locations: · Driveway #1 - 306 feet west of eastern property line (right-inJright-out) · Driveway #2 - 317 feet east of western property line (right-inJright-out) Overland Road, from Eagle Road to Locust Grove Road, including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes to the interstate. For a detailed report on ACHD's actions and comments. please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On April 14, 2006, staff held an agency couunents meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, Meridian Parks Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter vn of the Comprehensive Plan, this designation is defined in part as an area that is situated in higWy visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential. uses and is intended to allow a broad range of uses. The Comprehensive plan also shows a Regional Multiuse pathway at this location to connect to Overland Road and also along the Ridenbaugh Canal. The southeastern most corner of thtl sile is designated Public/Quasi public and provides tor a park site with a school connection. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): · Require that development projects have planned for the provision of all public services. (Chapter VII, GoalllI, Obj ective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Depurtment (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada Cnunty Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. Kenai Subdivision AZ-06-021IPP.o6..o 19 p~e6 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE REARING DATE OF6/27/2006 · The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should s~tfer no revenue loss as a result of the subject annexation. Municipal, fee-stpported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designatedfor MU-R on the Comprehe~..ive Plan Future Land Use Map. The designs of the products meet the overall goals of the Mixed use Regional designation. '/he applicant has shown a mix of residential products, with an office and retail component tu their design. · Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Overland Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from the public streets and shows micro paths and sidewalks which will provide future connection to residential areas south and west of the site along Overland Road. Staff believes that the commercial areas proposed complement the existing and planned residential areas in the vicinity. . Chapter vn, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Overland Road and Eagle Road). · Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACHD 's standards. Please see the ACHD staff report and Exhibit B for the conditions from ACHD. Kenai Way provides a collector system to the arterial roadway for the internal circulation of residents. . Protect existing residential properties from incompatible land use development on adj acent parcels (Chapic:r VII, Gual IV, Objective C, Action 1) The properties adjacent to the subject site are designated/nr a wide variety of uses. South of the site is developed with residential uses, east of the site are proposed commercial developments also tied in with this project by a collector roadway and west of the site is the MUlJ.ntain View High School. These uses are expected to continue as per the Comprehensive Plan Future Land Use Map as the proposal is the last phase of development between Eagle and Locust Grove Road pm the snuth side of Overland. The project provides a transition from the intense commercial uses along Eagle and Overland Roads into a mix of residential densities from the C-G District to the R-15 District. The applicants have included residential to residential use buffers along the north and west boundaries by providing a park corridor and pathway connections. Kenai Subdivision AZ-06-021 /PP-06-0 19 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF6/27/2006 · Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By ordinance, a minimum 251'oot wide landscape buffer is required adjacent to residential uses and 35-foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. The City !lhoulrl cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter YD, Goal I, Obj. B, #7, page 102) "Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) . . . . 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B.2lists retail store/restaurant! drive thruI office/ financial institute uses as permitted uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures acconunoduted in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail and Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or artcrialstrccts; to fulfill the need oftravcl.rclated services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive PIan. Connection to the City ufMeridian wala 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. Residential land uses are also allowed within the O.T, TN-C, and IN-R districts as set forth in Chapter 3 Article D d. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists multifamily development uses as conditional uses in the R-15 zoning district. Kenai Subdivision AZ-06-021 /I'p-Q6-0 19 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF6/27/2006 e. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. f. Architectural Character-Multifamily Development (11-4-3.27.E): All structures in Multifamily Development are subject to the design standards listed in tbis section. The overall elevation shall be reviewed by staff and shall be approved prior to issuance of a Certificate of Zoning Compliance. g. Landscaping (1l-4-3.27.F) Additional landscaping standards for street facing elevations apply to thill site. h. 11-4.3.27. G All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the dcvelupment, including but not limited to structures, parking, common areas, and other development features. i. General Off-Street Parking Standards (from UDC 11-3C.S): The following standards shall apply for off-street vehicle parking for llonHlsidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) SQuare feet of gross floor area. j. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design. of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 9. ANALYSIS 9.. Analysis of Facts Leading to Staff Recommendation The PP/ AZ applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to the site pIan. building elevations, and amenities. Below are several special considerations for the P&Z Conunission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ.06-021) Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good 10eation for the proposed development. Please see; Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal descriplion submitted with the application (stamped on 3/7/06 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or fleptic systems within this project will have to be removed from their domestic service when services arenavailable from the City of Meridian. Wells may be used for non~domestic purposes such CllO IHndscape irrigation. All future development of the subject property shall be constructed in accordance with Cily of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of Kenai Subdivision AZ-06-021IPP-06-019 Page 9 CITY Of MI:;KlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF6127/2006 operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 1l.5B-3D provides the P&Z Conunission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written conunitment for all future uses. Due to the complexity of the proiect. mix of uses. Dublic dedications. and Droximity of existinll: and future residential uses (the mu1ti~fami1v cOlllooncut). I>laff believes that a Development Alrreement is necessary to ensure that this property is developed in a fasmon that is consistent with th,,_ _comprehensive plan desi~ation and doe... not negatively imDact nearbv Droperties. Staff believes that the Development Agreement should include the following provisions: · Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the conunercial lots near the Overland Road including the park site with 12 the residential products and then continue development to the south and east. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office 10ts should include either a pcrmanent casement or be redesigned to include landscaping in common lots along Overland Road. . Non-Residential Buildings: The applicant has not requested a waxiIllwn square footage of retail/restaurant/office spaces. Staff does not propose to limit the applicant to allow greater flexibility for more marketable conditions. The maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40' in height. These standards are to mitigate anticipated concern from adjoining I'l;ll>idtmlial uses. . Residential Buildings: The applicant has shown several elevations for both alley accessed l-csidcntial, luwnhouses, and detached single family residential products. Staff supports these elevations but would also support better clarification ofthe specific height, bulk, types of materials. and locations proposed fOT each type to address the concerns of adjoining property owners and to include within the DA. . Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western propeny boundary to the area where the nrooosed R-15 zone transitions to the C-G zone. The oathwav shall then connect to the oroDosed detached sidewalb slont! S. Kenai Wav aDd continue internallv through the site to connect with E. Overland Road. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A.8 unless specifically waived by the Meridian City Council. . Park: The applicant shall also coordinate with the Meridan Parks Department the transfer by dedication of the 2.035 acre addition to the Kiwanis Park. The applicant shall also be responsible for all costs of dedication, construction, Kenai Subdivision AZ06-021/PP-06-019 Page 10 CITY OP MERIDIAN PLANNING DEPARTMENT STAPP REPORT to'OR THE HEARING DATE OHf27f2006 Kenai Subdivision AZ-06-021 fPP.o6-0 19 landscaping and pathway construction as agreed upon. l That the applic~ will be responsible fOT all costs associated with the sewer and water service extension~(bny 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 seIVices are available from the City of Meridian. Wells may be used for nonMdomestic purposes such as landscape irrigation) (That all future development of the subject property shall be constructed in accordance 'with City of Meridian ordinances in effect at the time of developmen~{A11 future uses shall not involve uses, activities, processes, materiab, 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 odor~ 2. PP Application (pP-06-019): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5.foot wide sidewalks on sumt: uf the internal streets/drive aisles. The sidewalks may be detached from the curb with an 8-foot wide landscape strip as shown on the collector road cutouts. The proposed landscape strips include trees and grasses. The applicant is proposing to plant trees between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more' attractive. 111t: second commercial collector design would incorporate median strips with trees planted in the center of the road. The width of the planter strip between the sidewalk and the curb shall be a minimum of 8Mfeet wide and include Class II trees. Since the applicant has submitted a plan which details these items staff would support the sidewalk designs as shown on the landscape plan. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between sing1e~family homes and C-O zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intemlity use has not provided the buffer. The applicant is showing a transition area between the single-family homes and the detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan. The applicant should be required to create an appropriate landscape buffer along the lots that transition from commercial to multifamily. The single-family lots would then not need a land use buffer from the multifamily 10ts. Said buffer shall contain materials in accordance with UDC 11-3B.9 and not include impervious surfaces such as parking areas or driveways. The nature of the land use buffer sha11 be reviewed when the applicant proposes to develop the multifamily lots through conditional approval. The western and southern boundaries are proposed to be buffered by the park and pathways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B.12 which will meet the buffer requirements. See Exhibit B below. Landscaoe Street Buffers: Arterials: UDC 11-213 requires a 25-foot wide street buffer along classified arterial roadways. Overland Road is classified as an Arterial Road. On the submitted landscape pIan, the applicant is proposing to construct a 35-foot wide street buffer along Overland Road. The applicant should be required to depict the Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF6/27/2006 required street buffers on the face of the fmal plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC Il-2B requires a lO-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct an 8-foot wide street buffer along both sides of Gala Street, Blue Horizon Drive and Kenai Way. The internal lots shall be required to provide the additional1andscape buffer to the proposed sidewalks. The applicant shall revise the design to include the street buffer easements on the plat. The applicant should be required to depict the required lO-foat wide street huffer easements along collector and local roads on the face of the fmal plat. Ditches. Laterals. and Canals: There are several inigation laterals that hisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area bcing subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site with the exception of the Ridenbaugh Canal. See Exhibit B below. Pressure Irri2ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (lIDe 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlUlection to the culinary water :tystero shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Fencing; The applicant is not showing a fence along the perimeter of the property which would meet the standards of the UDC. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A~ 7). If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. See Exhibit B below. Cross-access Intemal: There are some conunercinllots that do not have frontage 011 a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. The Meridiau Fire Department and Planning Department require that private streets as proposed must obtain Private Street approval as per UDC 11 ~3F. The purpose of the commercial private streets is to provide addressing for emergency services to these intemallots. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Elevations: Neighboring properties havc expressed concems with prior projects and in relation to higher density residential (R -15) proposals in the general neighborhood. To mitigate the anticipated concerns staff recommends that design review standards apply to the site; the applicant's commercial products shall be subject to design review if the proposed buildings meet either of the following criteria: Kenai Subdivision AZ-06-021IPP-06-0 19 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAff RJ::PORT FOR THE HEARING DATE OF6/2712006 · The total square footage of the building is greater than 60,000 square feet; or · The building height is greater than 40 feet. The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fal?ade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length ofthe facade. b) Rooflines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roOfR; c) two (2) or more foof planes; d) varying parapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service areas in the C-G sites will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Common/Ooen SDace: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of S% open space. Multi-Use pathwav: The applicant is not showing, but will be required to install, a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall he (JIang the Ridenbaugh Canal in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. CUlTently, NMID has a 50' easement upon which the applicant is proposing to install the pathway. All NMID standard conditions sha11 be applied to this site and all pedestrian access easements shall be enacted. The applicant shall be responsible for continuing the pathway along the western property boundary to the area where the Drooosed R-15 zone transitions to the C-G zone. Tbe pathwav shall then connect to the orooosed detached sidewalks alonl! S. Kenai Way and continue internallv tbroullh the site to cunnect with E. Overland Road. Staff will req\l.ire the applicant to construct or bond fOf improvements to the multi-use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from the Ridenbaugh Canal pathway to the Locust Grove Overpass which will be the essential North/South transition point for pathway interconnectivity in the City of Meridian. The pathway with the associated landscape standards will also buffer the future conunercial uses and the transitional residential lot sizes to the existing Thousand Springs Kenai Subdivision AZ-Ofi.O?.lIPP.06-0 19 Page 13 t.:1TY OF MERIDIAN PLANNING DEPARTMHNT STAFF REPORT to'OR THE HEARINli DATE OF6/2712006 Subdivision which is north of the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11-3G-3C-l - Quality of life amenities - Picnic area in Lot 1 Block 7 11.3G.3C-2 - Recreation amenities - Public Park with Multiuse Pathways, Open Space 1l-3G-3C-3 - Bicycle circulation amenities - Several blocks are connected with an intema1S' pathway which will be required to connect to the required Multi-use Pathway along the Ridenbaugh Canal. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Kenai (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZlPP applications substantially conform with the Comprehensive Plan policies and UDC standards. As noted under "Spt:cial Cunsideratiuns," wt: n:CUIllIUtlm.l that luts 56-59 uf Bluck 3 btl n:uesignt:d with a paLhway stub, building elevations be submitted in compliance within the required design standards, conditional approval be reviewed for the multifamily products, and a private street section for cross access between Gala Street and Kenai Way be submitted. On Mav 4.2006 the Planninl! and Zoninlil: Commission voted to recommend annroval of the subiect annlication with the conditions listed in Exhibit B of the StaffRCJlort. On .Tune 27. 2006 Cjty Council aooroved tbe subject annUeatlons. 10. RXHmTT!'il A. Drawings 1. Preliminary Plat (dated MareS. 1 Q Revised June 27. 2006 prepared by Engineering Solutions. 2. Landscape Plan (dated March 7 2006) prepared by The Land Group. 3. ElevationslPictures B. Legal Descriptions C. Conditions I. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD g. Central District Health Department 9. Nampa & Meridian Irrigation District D. Required Findings from UUC - 1. Annexation 2. Preliminary Plat Kenai Subdivision ~-06-021(PP-06~19 Page 14 CITY OF MI!RIDIAN PLANNING DEPARTMENT STAff REPORT FOR TIlE IItARING DATE Or612712006 Exhibit A1: Preliminary Plat dated Marek:H) Revised June 27,2006 POOR COpy , '" i !I ~ Ii II . I! . , - , II · \ \ ~ I ~ Ii I I !I ! . ~ a . I I't ~ pO,.... ,. ,. IIII""SI-II II 1.111 ~ ... F. II! 1- " i ~ II DMAI SUBDIfBOII' E"""ff"",, -.... - "........ 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II l~ "~ _-11&1 '-...,~ CITY Of' MERIDIAN PLANNING DEPARTMENT STAff REPORT }lUR THE HEARING DATE or 6/27/06 . 6RAMIRCY at KENAI . erstad AR(HIr(C.l S E:B~NEf~l!'l. gtlWTIOIIS", II ,],1.1t...~DOIIiI""1~ Kenai Subdivision Exhibit A Page 7 POOR COpy residential pre'cedents Oufo,CIlUrt ' .~.compleie<lbyol""" ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THI:: HI::ARING DATE OF 6/27/06 . IiRAMI RCY at KENAI . erstad ....C'MlflCl'.5 ENGINEERING SOtUr"NS: II ~t(* l.AIrID Uao\I?o IN~ Kenai Subdivision Exhihit. A Page g i POOR COpy . resldenliol precedents quad elevatio\l$ rrrem. and regr) !", " . , '. . ~ofo>c"~,,",,'bvoloo.:. . . OR THE BEARING DATE OF 6/27/06 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT F Exhibit B: Legal Description. Annexation Mar~h 6, 2CI()6 Kenai Sl\odi"i,ioll Propused ADuxalioD A parcel ortancllociltd In the Wc,~t 117 of Ihe NE 1/4 of See Ii un 20, T.3N., R.l 11.., 13.M., Ada County, Maho, more pllrtkularty del;cribed as follows: Conunencing at the North 1/4 comer ofsa.id Section 20, the REAl. POINT OF BEGINNING, from which the Northca.$t comer of s:lid scclioll bear~ North 89046'02" East, 26'6.68 feet, Thence along the north lil1C: of said Section 20 North 89"46'02" Casl, 1308.39 feel 10 a point on the: exlend\:u weslerly houndary of Bonito Sut>division, all same i~ retord(;l\ in Bwk 86 of Plats al f'agl! 9783, records orAdll COunlY. Idaho: Thel'lce alo1\g the West boundary of ga.id subdivision and the eXlension thereof South 0 I 042 '39" W~t, 2649.ll7 feet to the Soulhwest comer of said subdivision lying on the North boundary of Tho Wland Springs Subdivision No.5, as same is recorded ill Book 79 ofPlal5 at Page 8535, records of Ada County, Idaho: Thence along said I'oIorth boundary South 89"54'13" West, 12.47.79 feet to the Center of said Seclion 20; Thence along said :-.lorth-South mid-section IinQ and lhe East boundary of Resolution Subdivision No.1. Vlllenc-i~ PlalI.8 Subdivision and Riverbirch C.ourtyard CondOB1inium~. ;u $an", i. rCQordc:d ill Book 82 of t'lats at PlIge 9041, Book 91 ot"Plats at pagt: 10764l1nd Book 91 ofPllIts at Page 10671. respectively, records of Ada County, Idaho, North 00"24 '04" East, 2&4~i.S4 Feet to the point of Beginning. Containing 77.66 l:ICI"es, more or less. ;t ,~pfl0"';'j.",.', . roE." N ,,,' '.r _.~_:'; /- -./.,~'",'" - ~ tI~ ~"jt~ d;..:i~r~ ~.e~ QE\--;1. IN.I" . ~III 'i ~1115..n.~.d"c Kenai Subdivision Exhibit B Page , CITY Of MERIDIAN PLANNING DEPARTM~NT STAff REPORT FOR THE HEARING DATE OF 6/27/06 I~""'-"-""'- --;.-+-=-'~~ - .,~, ~"'T<o=-o&~ ~,.....~ _ _ _ _ _.' _ _ _ RA~I$ ry 9EARI~ICS / N89'46'1f2"r2656.8Il'~ - - - ~- "'- _20/1/4- _ _ --!JJe&'~"E..1~ _ _ ~() 21 2~ --r rll'iERllND ROAD' :~I'._ V,O.B,- ANNDA1lIN I 29 28 I R.P.O.8.- CG lOtE I i i I t f~ :i ,.. , ~ C-G I I ;1 '.... I~ I: I~ I~ I~ III I ~I 2i Iii. I I loll = , ~~ S 3S'09',S"W :; 17.42".""\ g 8 '~'~"Yi......lW.!f _ . \ Z Cl / I N 89'JS'Ss-wJ ' l ,,~.,. i r R-15 , I I , t ~C1/4 ________--L.- S 89'54'1'- W 1247.7g' R.P.o.e.- IH5 2M ~ 8~~~~~t~~. . CIJM' ~ADtUS c, 75.00 CIIM' DATA DELTA AI\: 3$4SH" 4&,80 .y--.! ~1.:I,\.,\i tJ'UB.L1C .': .~;-I,.'~ .>~~j. CHQR!) llWlNG 4fi.ai II 7r4J"9' W SCAl!: '"='100' ANNEXATION AND REZONE PROPOSED KENAI SUBDIVISION ENBINEERING SOLUTIONSup ()W~DATE QJ/1 Q/06 bkb P~OJ, 1\0. 5111 ~ SHEET 1 OF 1 51' 15-il1'l~,D.vC LOCA"TEO IN T\o4F; W 1/2 OF THf NE 1/4 SECTION 20, T.JN.. R, I E., a.IJ.' MEROlA:>! ADA COUNTY IDAHO I SO ;:. Alv(E;Il~ STI(t;CT, SUiTt:. B &.CI.E. IDAHO enG 1 ~ Pto:or. (tOO) 9:l1l-~~ he (203) 9J8-094' Kenai Subdivision Exhibit R PRge 2 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT to'UK TH.B HEARINU VAlb Of 6/27/06 Exhibit B: Legal Description - C~G (General Commercial) MOireh 6, 20()(i Kenai Subdivision Proposed CoG Zone ApW"Ccl oflal\d located ill the West If2 nftheNE 114 of See lion 20. T.3N., R.l E., 8.M., Ada County, Idaho, more particularly dcscrihed as follows: Commencing at the North 1/4 c<Jrner of said Section 20, thl.' REAl. POINT OF BEGlNSING, from which tht: l'orthcasl comer of saId section bears North 89046'02" East, 2656.88 feet; Thence along the nortb line of Sll.id Section 20 North Rl)<>4G'02" ElIllt, I30B.3') Cc:"t to II poinl on the extended westerly boundary of BonilO Subdivision. as same is recorded in Book 86 of PlllL~ at Page: 9783, roool'ds of Ada County, Idaho; Thence alollg lhe We..~t boundary of sail! subdivision and the extension thereof South 01042'39" West, 1556.20 feet; 'lh~"ce North 89035'56" West, 195.60 feel: Thenee Sou1l136009'18" W~t, 17.42 feel to a point on a curve; Thence 46.80 fcet along the arc of ll. non-tangent curve to the: Idl. sl'Iid curve having a radius of 75.00 feet. a delta angle of 35045' 14", Gild It long choIl! bearing North 71u4:)' !9" WI.:Sl, 46.0$ feet; Thence North 81)u35 , 56" West, 1023.14 fC<'lI (0 n point on the North-South mid- section line ufsaid Section 20 and the East boundary of Resolution Subdivision No.!, 1;15 same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho; Tl11:n08 along said North-SO~llb mid-section line and the East boundary of said Resolution Subdivision No. t, and QfValenc.ia Pl;u:ll. Subdivision and Riverbirch Courtyard Condominiums. as same is recorded in BOQk 91 vfPlats at Page 1\J764 and !look 91 uf Plats at Page 10671, res?ccLiliely, records of Ada County, Idaho, North 00<>24'04" East, 1541.32 feet to the Poinr of Beginning. Containing 45.88 acres, n,ore or less. Kenai Subdivision Exhibit B PAge 3 CITY OF MERIDIAN PLANNING DEPARTMENT S'fAFF REPORT FOR THE HEARING DATE OF' 6/27/06 . n 15 (M d" m High Density Residential) Exhibit B: Legal Description - ,&- e III \111rch 6. 2D06 Kenai Subdivision Proposed R-J5 Zone A parcel ofland located ill the West 1/2 ofthc NE 114 of Section 20, T.3N., R.I E., 8-M.. Ada Cnunty, [uaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, from wl1ich tht; Nonhcast comer of said sllction bears ."Vorth 89046 '02" East, 2fl56.88 f(Xt; thence along the north line of said Section 20 'North 89046'02" East. 1308.39 feet to a point on the extcnded westerly boundary of Bonito SubdiVision, as same ili recorded in nook 86 of Plats at }'age 9783, records of Ada Counly.ldaho; thence along the West boundllry of said slJbllivision and the extension thereorSouth 01 "42'39" West. 1556.20 fl:et to the REAL PO(N'r OF BEGINNING: Thence continuing Sotlth 0] "42 '39" WesL 1093.67 feel 10 the SOllthw~st comer ofsaid slJhdivisionlying on the t'orth boundary of Thou.wxl. Springs Suhdivi~ion Ko. 5. a~ !lame is reQorded in Book 79 of PInts at Page 8535, records of Ada County, Idaho; Thence alung said North bolmdary Somh 89054 '13" West, 1247.79 fecllo thl: Cl1ntl:r of \Said St:\;lion 20: Thence along the North-South mid-section Iin~ of allid Section 20 and nIl;' Ellst boundary of Rellollltion Subdivision No. t, lIS same is recorded in Book 82 of Plats at Page 904), records of Ada CounlY, Idaho, North 00"24 '04" East. 1104.23 feet; Thence South 89935'56" East. 1023.14 feet 10 n point of curvature; Them.:t: 46.80 feet along the: lirc of a curve tn the right, said curve having;i radius 0[75.00 feet, a delta angle: 005045'14", and a long chord hearing South 71 ~43'19" East, 46.03 feeL; Thence North 36009' IS" East, 17.42 feet; Thence South 89035'50" Ei\llt, 19'.60 feet to the Pllint of Beginning. Containing 31.18 acres, more ur less. SII '~')1115-rlSdr", Kenai Subdivision FlChibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF 6127/06 C. Conditions of Approval 1. Planning Department At the June 27. 2006 City Council bearinll. the Council reauired the applicant to enter into a Development Am-cement with the Citv. See Section 9a ofthe Staff Reoort for the DA provisions. SITE SPECIFIC REQUIREMENTS- (Kenai Subdivision) 1.1.1 1.1.2 The preliminary plat labeled as PRE prepared by Engineering Solutions, Dated 3/10/ga Revised 6/27/2006 approved, with the conditions listed herein. All comments/couditions of the accompanying Atmexation and Zoning (AZ-06-021) shall also be considered conditions of the Preliminary Plat. Create a pathway connection from Lot 8 Block 3 to Overland Road. A multi.use pathway shall be located as depicted on the Future Land Use Map. The pathway may be contained in a common lot or a permanent platted easement. The aooHcant shall be resoonsible for continuiDIl tbe oathwav aloDIl the western orooertv boundary to the area wbere tbe orc)Dosed R-15 zone transitions to the C.G zone. The oathwav shall thcn connect to the prooosed detached sidewalks alon!! S. Kenai Way and continue internally throu!!h the site to connect with E. Overland Road. The construction of the pathway shall comply with DOC 11-3A-8. 1.1.3 Graphically depict on the face of the plat, the proposed. 35.foot wide landscape buffer along Overland Road. Depict the required 10.foot wide street buffer easements along collector and local roads in the commercial portions of the site. The easements shall be placed on the face of the final plat. Said landscape buffers shall be in either a common 10t or an cascment adjacent to tht:: rights of way. 1.1.4 The landscape pIan prepared by The Land Group, labeled Sheets Ll.OO, Ll.Ol and Ll.03, llrlj nut approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the fmal plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. 1.1.5 A detailed fencing plan shall be submitted consistent with UDC 11-3A. The detailed fencing plan shall show fencing along the multiuse pathways and pathway spurs consistent with UDC 11-3A- 7. All other fencing shall remain consistent with the landscape plan dated March 7,2006. 1.1.6 The applicant shall redesign Lots 56-59 of Block 3 to provide the required frontage fOf flag lots or incorporate the lots into the multifamily project in Lot 60 Block 3. The second component of the redesign is to provide a pathway stub to the Ridcnbaugh Canal Rljgiunal Multi-use Pathway. 1.1.7 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or Q surety agreement shall be in placc. 1.1.8 Construction or bonding for the multi-use pathway shall be completed prior to issuance of any certificate of occupancy for Kenai Subdivision. 1.1.9 Maintenance of all common areas shall be the responsibility of the Kenai Subdivision BusinessIHome Owners Association(l'I). 1.1.10 Any roof-mounted mechanical equipment will be screened from view from any public right.of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1. 1.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-l1. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. Kenai Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFP REPORT FOR THl: HEARING DATE OF 6/27/06 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1.1.14 Prior to the City Engineer's signature of the :final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Kenai Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACHD, direct lot access to Overland Road is prohibited. A note shall be placed on the final plat restricting access to Overland Roau. 1.1.1 7 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 1.1.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfIll, where footing would sit atop fill mal~ria1. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater 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~vcgctatcd surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-18. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requ~ents at the time of final construction. 1.1.21 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.24 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to he mitigated. 1.1.25 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the arca being subdivided shall be tiloo, unless otherwise approved by the lITigation District(s). Plans will need to be approved by the appropriate Kenai Subdivision Exhibit C Page 2 CITY OF MERIDIhN PLANNING D~PARTMENT STAFF REPORT to'OR THe HEARING DATE OF 6/27/06 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, al.lt:rn.ate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.26 StaWs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.27 Pn:liminary plat approval shall be subject to the expiration provisions set forth in UDC 11.6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Overland Road. 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 fonus 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 le!s than three feet than wLtmlate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Overland Road, E. Gala Street and E. Blue Horizon Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The water mains shown on the preliminary plat are all shown as 8.inch, however the stub from Overland road is 10-inch. The applicant shall be required to continue the water main as 10-inch down S. Kenai Way and the outennost loop road aroWld the residential portion of this development. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1.13 and 9-4-19, which includes the preliminary agreewt:Ill (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amoWlt shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). These easements mayhe dedicated via the plat or as a separate document. 2.6 Staff recommends not dedicating 5~feet public utility, drainage and irrigation e.asements along the interior lot lines of the conunerciallots, unless the applicant is sure that the lot lines are in their ultimate location. 2.7 Prior to signature on the final plat the applicant shall submit a copy of a recorded document that outlines maintenance of any residential private streets. 2.8 Prior to signature on the fmal plat dedicate an ingress/egress easement on the common driveways. 2.9 The applicant has indicated Nampa and Meridian hrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for Lhe primary source. If a surface or well source is not available, a single-point cOlUlection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment. of assessments for the common areas prior to signature on the final plat by the City Engineer. Kenai Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINU UATE OF 6/27/06 2.11 All existing stnlctures shall be removed prior to signature on the final pI at by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the rightMof-way. The additional width needs to be sufficient 10 allow for 10 feet of easement past the sidewalk. 2.14 AJJ.y existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non- domestic pmposes such as landscape irrigation. 2.15 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users associatio11 (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.16 The applicant has not indicated how the storm drainage from the proposed private streets and alleys will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10.1-91) for all off- street porking areas. Stonn water treatment and disposal shall be d"'l>igIlOO 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 fLlillg all IlIXC:illary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 Street signs arc to be ill placc, water system sha11 be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,landscaping, amenities, pressurized irrigation. sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolutiun 02-374. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with tilt: Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Kenai Subdivi5ion Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFf' REPORT FOR THE HEARING DATE OF 6/27/06 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop :fill material. 2.26 The engineer shall he 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. 2.27 One hundred watt and two.hundred and fifty watt high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fIXtures is 2S.feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typieal1ocations are at street intersections and/or fire hydrants. Final design 10eations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fue protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Depl1rlmenL a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall nul face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. :rire hydrants shall be pruviuc::u to meet the requirements of the !Fe Section 509.5. 3.4 All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 3.5 The phasing plan may require that any roadway greater than 1 SO feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 3.8 For all Fire Lanes, provide signage ''No Parking Fire Lane". 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 Building setbacks shall be per the International Building Code for one and two story construction. Kenai Subdivision Exhibit C Page 4 CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 3.12 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. 3.13 The proposed 220-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 638 residents at build out. 3.14 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.15 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fIre and emergency medical ScMce vehicles. This cost of this installation is to be borne by the developer. 3.16 Maintain a separation of 5' from the building to t~ll;: trash dwnpster enclosure. 3.17 Provide a Knoxbox entry system for the complex prior to occupancy. 3.18 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.19 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.20 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this conce.rn prior tu th~ public hearing. 3.21 All portions of the buildings located on this project must be within 150' of a paved surface as measurc::d around tbe perimeter of the building. 3.22 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to c.;vmply with the International Fire Code. 3.23 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.24 There shall be a fire hydrant within 100' of all fIre department connections. 3.25 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D 1 05. 3.26 Emergency response routes and fire lanes shall not be allowed to have speed humps. 3.27 Pool chemicals shall be stored in compliance with the International Fire Code. 3.28 Buildings or facilities exceeding 30 r~et (9144 mm) or three stories in height shall have, at least three means of ftre apparatus access for each structure. (Remoteness Required) 3.29 Duildings or facilities having a gruss building area of more than 62,000 square feet (5760 m') shall be provided with two separate and approved:fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 or) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.30 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped Kenai Subdivision Exhibit C Pago 5 CITY OF MeRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Prior to release of building pennits on the multifamily lots, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas in Lot 8 Block 3. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discu:ss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.3 If there are proposed after-hours walk-up facilities (e.g. ATM) it shall not have limited visibility from a public street. Prior to final approval, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to future facilities. 4.4 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All common areas shall also be adequately lit. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Pathway and Trail standards: The proposed pathwayand/or trail shall be constructed in accordance with the Meridian Park Department's requirementR. 5.3 Standard for City to assume Maintenance ofa section of Pathway: The pathway must connect from one major arterial to another. and either an ea'lement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.4 Parks requests a micropath stub as detailed in the Planning Department Site Specific Conditions of approval. 5.5 Parks requests a multiuse pathway extension as detailed in the Planning Department Site Specific Conditions of Approval. 6. Sanitary Senice Company 6.1 Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Kenai Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 6/27/06 7. ACHD Site Specific Conditions of Approval 7.1 Install the mast arms and the signal heads for the three affected legs at the intersection of the site entrance and Overland Road when the interRection meets signal warrants. Install the proper Opticom devices on the signal. The applicant's traffic engineer shall submit an analysis of the proposed development phasing to detennine when the signal meets warrants. The applicant will be required to install the signal improvements at the beginning of the development phase in which the signal is projected to meet warrants. 7.1 Close the two existing curb cut driveways on Overland Road with matching vertical curb, gutter, and attached sidewalk. 7.2 Construct the main entrance road as a collector street with vertical curb, gutter, 8-foot planter strips, and 5-foot detached concrete sidewalks within 72-feet ofright-of~way, as proposed. Provide 21-foot street sections on each side ofthc all of the proposed center islallds. Install "No Parking" signs along the collector roadway, per District policy. 7.3 Construct the two stub street extensions (Bluc IIori:i:on and Gala Street) as cummercial roadways with vertical curb, gutter, and 5-foot detached sidewalks, as proposed. Provide 21-foot street sections on each side of the all of the proposed center islands. 7.4 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the fmal plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct the interna1local streets in the residential portion of the development as 34-foot !ltreet sections with curb, gutter, and 5-foot attached concrete sidewalks, as proposed. Receive written Fire Department approval for the reduced street section. 7.6 The applicant shall construct the two proposed east-west alleys to the following standards: . Dedicate a minimum of 16.feet for all alleys. All alleys flhall he paved a minimum of 16- feet in width. . Parking off the alley shall be designed !In the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22.feet for perpendicular parking. . Access to an alley shall be located a minimum of 2S-feet from the nearest public street. 7.7 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road and sha11 be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shan he relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged cwb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Kenai Subdivision Exhibit C P~ge 7 CITY OF MERIDIAN PLANNING DEPARTMENT :STArt: REPORT FOR THE HEARING DATE OF 6/27/06 7.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for detai1:s . 7.14 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Sezvices procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.15 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design l:hanges. 7.16 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District priur tu District approval for occupancy. 7.17 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as AJa County Highway District Impact :Fee Ordinance. 7.18 It is the respoIlBibility ofthe applicant to verify all existing utilities within the right.of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342.1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constmctiun. 7.19 No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by tht: applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada COWlty Highway District. 7.20 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District ofits intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 Envirownental Quality: central sewage and central water. 8.3 RUll-offis not to create a mosquito breeding problem. 9. Nampa & Meridian Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank. 2) The Coleman Lateral that requires a tota130' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements. Contact SID for additional requirements. 9.2 A Land Use Change Application must be on tile prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or Kenai Subdivision Exhibit C Page 8 CITY Of MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 6/27106 within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water ddivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 9.5 All stonn drainage mUBt 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 dt:veloper wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Kenai Subdivision Exhibit C rage 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11-5B-3E. AnnexationlRezone 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: A. The map amendment complies with the applicable provisions of the comprehensive planj In Chapter VII of the Comprehensive Plan, 'Mixed Use Regional' is defmed as areas including commercial and residential development consistent with auto and service oriented uses. Council finds that the requested General Commercial (C.G) and Medium High Density Residential zoning designations are in accord with the Comprehensive Plan'R Future Land Use Map, which delineates the subject property as "Mixed Use- Regional". The purpose of the CoG district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are 10cated in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." While the Medium-High Density Residential provides a higher density product in rclation to buffering lower density residential units to the south. COWlcil finds that the proposed zoning is in general conformance with thc comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (pP-06-019). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Council finds that the various proposed conunercial uses would be allowed (permitted) within the requested C-G zone. The site is being proposed as two portions of commercial, and medium low density residential and upon build out COUllcil wuulJ nul anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, aDd welfare; The applicant has submitted clevations for the proposed commercial and residential units and will be required to use the design guidelines for commercial projects along gateway corridors when designing building facades as detailed in the Annexation analysis. Council finds that the proposed C-G and R-15 zones with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be hanuonious and appropriate ill appea.ram;l;: with the intended character of the vicinity. The site is intended for mixed uses which, based on the Comprehensive Plan description. will have such uses as retail, wholesale. service and office uses, as well as appropriate public uses such as government offices and residential components. Kenai Subdivision Exhibit D Page I CiTY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 Kenai Subdivision Exhibit D PlI.ge Z Council finds that the R~15 zoning designation along a C-G General Commercial will be an appropriate use buffer. Council finds that the proposed development will not change the existing character of the area, which is largely urban. The proposed development is generally harmonioWl with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Fwther, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. D. The map amendment shall not result in an adverse impact upon the delivery of services by any poUtical subdivision providing public services within the City inClUding, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Overland Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other W'ban services, such as water, are near to this site and thc applicant should be ablt: to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD baa :flat S\leml-ttea a staff rBf'eR 'NitS site speei:fie Me. staneare. eeaditisB8 ,+.w.eh '.vill Be a~aehe8 83 EJEfit13k C prior to the hearing date of JWle 27, 2006. On April 14, 2005, a joint agency/department conunents meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other conunents received from agencies/departments, Council fmds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposeu uevt:lupment. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council fInds there will not be excessive additional requirements at public cost and that the proposed :louning i:Uld subsequent development will not be detrimental to the community's economic welfare. E. The aum:ntioD is in tbe best of Interest of the City (UDC 11-5B-3.E). If the aooUcant enters into a Develooment Al!l'eement IDA) with the Citv. Council nnds tbat the annexation and zonin2 oftbis orODertv to e-G. and R-15 would be in the best interest ofthe Citv. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27106 2. Preliminary Plat Findings: UDe 11-68-6 In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above c.:. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit C of the Staff Report for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACHD considelll 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. F. The development preserves significant natural, scenic or hiltoric features. Council is not aware of any natural, scenic or historic teatures which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthennore the applicant shall define with the Parks Department the location of a multi-use pathway which will further enhance the natural features of the Ridenbaugh Canal as well as providing an additiona1land use buffer. Kenai Subdivision E.iliibit 0 Page 3