Tanana Valley Subdivision AZ 06-015
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/21/06 01 :39 PM
DEPUTY Palli Thompson
RECORDED-REQUEST Of
City 01 Meridian
AMOUNT
,00
63
1111111111111111111111111111111111111
106151214
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Marty Goldsmith, Owner
Farwest, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~'B~ day of AI ~s \- , 2006, by and between City of Meridian, a
municipal corporation of the State daho, hereafter called "CITY", Farwest, LLC, whose
address is 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714, hereinafter called
"DEVELOPER", and Marty Goldsmith, whose address is 4487 N. Dresden Place, Ste. 102,
Garden City, Idaho 83714, hereinafter called "OWNER".
1.
RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, 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. ~ 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Developer" and/or "Owner" make a written commitment concerning
the use or development 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 of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density Residential
District, (TN-R) Traditional Neighborhood Residential District, and
(C-N) Neighborhood Business District (Municipal Code of the City
of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owner" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA V ALLEY SUBDIVISION
PAGE 1 OF 12
subject "Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include 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 22nd day of August, 2006, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and/or "Owner"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use 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:
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA VALLEY SUBDIVISION
PAGE 2 OF 12
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Farwest, LLC, whose address
is 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714, the
party developing said "Property" and shall include any subsequent
developer(s) of the "Property".
3.3 "OWNER": means and refers to Marty Goldsmith, whose address is
4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714, the party
that owns said "Property" and shall include any subsequent owner(s)
of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 (Medium Density Residential District), TN-R (Traditional
Neighborhood Residential District), and C-N (Neighborhood
Business District) attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY TIDS 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 Section 11-5B-1B which are herein
specified as follows:
Application for a Certificate of Zoning Compliance shall be
submitted to the City of Meridian prior to afuture development in
the C-N zone, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 06-015 application.
DEVELOPMENT AGREEMENT (AZ 06~015) TANANA VALLEY SUBDIVISION
PAGE 3 OF 12
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. "Developer" and/or "Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1.1 That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
5.1.2 That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
5.1.3 That the applicant be responsible for all costs associated with the
sewer and water service extension.
5.1.4 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5 That prior to issuance of any building permit, the subject property
shall be subdivided in accordance with the City of Meridian Unified
Development Code.
5.1.6 That future uses within the C-N area will comply with the schedule of
use for the C-N zone in effect at the time of the building permit
submittal; that prior to issuance of any building permit within the C-N
zoning area, a re-subdivision of the C-N lot be recorded, and that with
the re-subdivision application, the applicant agrees to submit
elevations for approval by the City Council; and that the construction
of any subsequent structure(s) in this area shall be generally
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA VALLEY SUBDIVISION
PAGE 4 OF 12
compatible in appearance and bulk with the Council approved
pictures/elevations.
5.1.7 That the applicant agrees to construct and provide for the
maintenance of a 20- foot wide landscape buffer along the west side of
the C-N zoned property, where it abuts residential zoning.
5.1.8 That the applicant agrees to annex the Rumple Lane property and
include it within the boundary of the concurrent subdivision.
5.1.9 That, except for emergency access as required by the Fire
Department, the applicant agrees to relinquish any interest this
property may have in Rumple Lane.
5.1.10 That one public street access will be allowed to Meridian Road,
located lIz mile south of Victory Road; direct lot access to Meridian
Road shall be prohibited. Said public street access shall align with
Harris Street, across Meridian Road, and use the public street
stub/right-of-way provided from Reflection Ridge to the south.
5.1.11 That public street access will be allowed to Victory Road, as
approved by ACHD; direct lot access to Victory Road shall be
prohibited.
5.1.12 That the applicant should construct sidewalk adjacent to the out
parcel on Victory Road and adjacent to the out parcel on Meridian
Road. NOTE: If the construction and easement for the pathway is
not allowed in writing by the owner of the out parcel, the applicant
agrees to bond or provide another city-approved method for providing
assurance that the pathway improvements in that area are construction
when the out parcel redevelops.
5.1.13 That the applicant agrees to construct a multi-use pathway through
this site from the southeast corner of the property to Meridian Road.
5.1.14 That a maximum of 548 single family lots shall be platted on this
property.
5.1.15 That the applicant agrees to provide commercial design, building
massing and construction materials for this development as proposed
during the public hearings on July 11, 2006 and August 8, 2006.
DEVELOPMENT AGREEMENT (AZ06-015) TANANA VALLEY SUBDIVISION
PAGE 5 OF 12
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs,
successors, assigns, to comply with Section 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 DEMANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Developer" and/or "Owner and if the "Developer"
and/or "Owner" fails to cure such failure within six (6) months of
such notice.
8. INSPECTION: "Developer" and/or "Owner" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of
anyone or more of the covenants or conditions hereof shall apply
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA VALLEY SUBDIVISION
PAGE 6 OF 12
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer"
and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection
with the re-zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation
and zoning of the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA V ALLEY SUBDIVISION
PAGE 7 OF 12
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
"Developer" and/or "Owner" agree to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner"
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or
"Owner" agree to abide by all ordinances ofthe City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16 NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Farwest, LLC
4487 N. Dresden Place, Ste. 102
Garden City, Idaho 83714
OWNER:
Marty Goldsmith
4487 N. Dresden Place, Ste. 102
Garden City, Idaho 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA V ALLEY SUBDIVISION
PAGE 8 OF 12
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.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owner" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
"Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA V ALLEY SUBDIVISION
PAGE 9 OF 12
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval. of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
Farwest, LLC
~~
By:
OWNER
Marty Goldsmith
~~
DEVELOPMENT AGREEMENT (AZ 06-015) TANANA VALLEY SUBDIVISION
PAGE 10 OF 12
CITY OF MERIDIAN
Attest:
BY: ~cf7
MAYOR TA de WEERD
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STATE OF IDAHO )
: ss
County of Ada )
On this 5th dayof Scpt-cm~.....- ,2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOP~~~ENT (AZ 06-015) TANANA V ALLEY SUBDIVISION
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Notary Public for Idaho
Residing at: .fu1.d ll't'l L 1 D
Commission expires: l a -1\-1/
PAGE 11 OF 12
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~day Of~, 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared
W\Q.r~ en \0. SM\ +h. , known or identified to me to be the
V'\t\tM-nt..r of Farwest, LLC, acknowledged to me that they
executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
~~f.~
Notary Public for Idal}.o
Residing at: WAl_
My Commissio~lfes: 9lfljl'J
: ss
County of Ada, )
On this ~ <b~ day of , 2006, before me, the
undersigned, a Notary Public in and for said State, ersonally appeared Marty Goldsmith,
known or identified to me and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
c:;1J\A~~ f c.mrL
Notary Public for a
Residing at: R..
My Commission Exp' s: S'/IQ! l-;l
DEVELOPMENT AGREEMENT (AZ06-015) TANANA VALLEY SUBDIVISION
PAGE 12 OF 12
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ntEHCE CONTINUING N .-.(.2'45" E 292.50 FEET TO ^ POINT;
lliEHeE S 00".17'15' E 335.00 FEET to A POINT OF CURVATURE;
1HB4CE JJ.bNG A CURVE TO 1lE RlGl-lT.3.21K1 FEET, SAID CURVE tiA~ A AADruS
OF 117.50 FEET, Ac:amw..AHOlEOFWOO""'3", TANGENTSOF17e.04 PEEr, NlO.A
CHORD WHCtt ~ 8 26"43'Oi" W 307.81 FEET TO ^ POINT Of T~eHGY:
TliENCE nr~"28" W BO.OO FEET TO ^ POINT Of CURYAlURE;
THENCE ALONG A cuRVE TO 1liE lEFT 126.91 FEET, SAID CURVE ~v.n:'G" RADCUS OF
e82..BO FEET, A ceNTRAL ANGLE bF 1cr'39"14", TANGENTS OF eU4 FEET,1J.I0 A CHORD
VMlCH eeAAS 8 ~'5f'W 126.72 FEET 10 A POINT: '
lliENCE N 00'17'15" W 707.so FEET TO THE REAL. POWT Of' BeOWNlNO OF llirs
DESCFlJPnON.
SAlO PAACa COlfrAlt4S!.t4 AcRES. ...oRE OfI.lfSS,
WA ~E K. BARBER
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MAY 2 5 2006
MEl'IIOr.t,N PuU
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DESCRlP11QH FOR ANNEXAnON TO CITY OF MERIDIAN
PROf"OSED TANAHA VA1..l.EY SUBOMSlON
ZONETN-R
May 3, 2l;lO6,
^ l'ARCBL OF UNO BmNG PORTIONS 'OF THE NOR'J'HEAST i/4'OF THE,
NORnIWBST 1/04 AND tHE NORntWEST 114 OF TIlE NOI,tnmA$T 1/4 Of
SJ3CI1ON 30, TOWNSHIP 3 NORlH; RANCm l.BAST,:BOlSEMERIDIAN, ADA
d>umY, IDAHO, MOlE PARTIc:uL.ARL Y DESCRJBED AS FOIJ.OWS:
CX>MMENClNG ^ T nm NdR'l'liWPsT CORNER OF SBCl'ION 30. T. :iN.. R I E.,
BJ.t. ADA COUNtY, mAHO; THENCE .Al(jNG THB NORtH ImE OF 1"JI?.
NW 1/4 OF SAID S;EC'nON30 N ar4i;4S" E 2051.75 FE!TTO UlRltEAL POINT
OF,BEOINNINGOF THIS OBSOuniON:
tHENCE CO}./"(:DlltJJNG ALONG nIB NORTH UNB OF 1HB NW 'ii4 OF SAID
SECllON 30 N '~"2'4S"' B 398.97 fEE't TO THE. NOilniEAS'i' CORNER OF ~
NW 114 OF SIJD SBC1)ON 30; . "
THENCE ALONG THE NOR1H LINE OF THe NW 1/4 OF nIB NE 1/4 OF SAID
SECTION 30 N 89~42'3T E 270.13 FEBr . . . ,'."
ra:nNCECONI1NUINGS OO~I7'28'~ E2-8S.02 FE.ETTo.A POINT;
l11ENCE S OO"I7'lS~ E 447.99 fEEl'TO A PoINT:
lHENCE S 89"42'4S~ W 6.19.12 FEET 1'0 A POINT;'
ntENCE N' oool1'IS' W 733.00,FEBT TO 1HE REAL POINT OF BEGINNING OF-
ntISDBSClUPllON. SAJIlPARCELCOJl,;j'A1NS IO.42ACRE$. MORE OR LESS.'
PLS &444
B~ ~t' ("12..-.,
t.4AY 25 2lXIS
MliRIDl4N PUBUC;;
WORKS DEPT,
~0823.^NNF.x.1. 'TN.'R..doc
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
AUG 2 t 2006
~~ty 0 Meridian
, rk Office
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In the Matter of Annexation and Zoning of 192.26 acres from RUT (Ada County) to R-8
(Medium Density Residential)(177.90 acres), TN-R (Traditional Neighborhood-
Residential)(10.42 acres) and C-N (Neighborhood Business)(3.94 acres), AND Preliminary
Plat approval of 548 single--family residential lots, 1 commercial lot, 1 school lot, and 20
common lots on 177.94 acres in proposed R-8, TN-R and C-N zones, for Tanana Valley
Subdivision, by Farwest, LLC.
Case No(s).: AZ-06.015 and PP.06.013
For the City Council Hearing Date of: July 11 and August 8, 2006 (Findings approved on
August 22, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 11,
2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 11, 2006, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSiONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-0 15 I PP-06-013 . PAGE I of 4
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, 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 July 11,
2006, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated March 7, 2006, revised on May 21,2006, is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 11, 2006, incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approvaL Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-0I5 / PP-06-013 - PAGE 2 of 4
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 11, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-015 I PP-06-0l3 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the
~.tJt' ,2006.
COUNCIL MEMBER SHAUN WARDLE
22-~ day of
COUNCIL MEMBER JOE BORTON
VOTED$^"
VOTED ~fA...,
VOTED ---ffi- /L..I
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
Copy served upon:
ATTEST:
JAL-A
v'"
./
BY.~l\I m ~ au..}
1 Clerk's Office
Dated: "8~d4-01Jl
CITY OF MERIDIAN fiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-06-015 / PP-Q6-0l3 -PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
STAFF REPORT
Hearing Date: 7/11/2006
(aDDroved 00 8.8.06)
Mayor & City Council
C. Caleb Hood
Current Planning Manager
Meridian Planning Department
208-884-5533
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SUBJECT:
Tanana Valley Subdivision
AZ-06-015
Annexation and Zoning of 192.26 acres to R-8 (Medhun Density
Residential)(177.90 acres), TN~R (Traditional Neighborhood-
Residential)(10.42 acres) and C-N (Neighborhood Business)(3.94 acres).
PP-06-013
Preliminary Plat approval of 548 single-family residential lots, 1 commercial
lot, 1 school lot, and 20 common lots on 177.94 acres in proposed R-8, 'IN-R
and C.N zones.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Farwest, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium-
Density Residential), TN-R (Traditional Neighborhood-Residential), and C-N (Neighborhood
Business) for 182.60 acres of property currently zoned RUT in Ada County. The site is located on
the southeast comer of Victory Road and Meridian Road. Currently, there is a single~family home
and associated outbuildings on this' site. The majority of this site is currently being used fot
agricultural purposes. The existing home is to remain on site, on a proposed lot. The site is
composed of four tax parcels and has not been previously platted. The subject property is within
the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis and recommended conditions of approval
for the requested Annexation and Zoning and Preliminary Plat applications. Staff is
recommending approval of the proposed Tanana Vallev Subdivision (AZ-06-015 and PP-06-013)
with the conditions listed in Exhibit B of the StaffReoort. The Meridian Planning and Zoning
Commission heard the item on June 1 '\ 2006. At the public hearing they moved to reconunend
approval. NOTE: Since the original submittal. the applicant has submitted a revised preliminary
121at that reflects most oftbe Planning Staff and Commission's recommendations. The
Commission voted to recommend approval of this revised plat. Also as Staff requested. the
applicant has acauired the pro,pertv for Rumple Lane. A maioritv of the area currently being used
for Rumph~ Lane. a private street. will be dedicated to ACHD with the plattinS!: of this propertv.
With the addition of the Rumple Lane pronerty. no additional property owners lie within the 300-
foot radius reauirement for receiving notice of the develooment: no buildible lots have been
added to this proiect, The revised Dreliminarv plat and ~pdated le~al descriptions for this uroject
have been scanned into the Staff Reoort for the hearinl! date of Julv 11th. 2006,
a. Summary of Comissioo Public Hearing:
i. In favor: Justin Martin
ii. In opposition: Lorelie Smith, Russell Cheney, Mert Logue, Lisa Sullivan
Tanana Valley Subdivision AZ-06-01 SIPP-06-01 3
PAGE 1
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT fOR TIrE HEARING DATE OF JULY 11,2006
iii. Commenting: None
iv. Staff presenting application: Caleb Hood
v. Other staff commenting on application: Mike Cole, Ted Baird
b. Key Issues of Discussion by Commission:
L Dedication of school lot and improvements being made to said lot with this
development (e.g. - construction, or not constructing landscape street buffer);
ii. Construction of pedestrian path along the out parcel on Meridian Road;
Hi. Types of housing products proposed;
iv, Anticipated uses in the CoN zoned lot; and,
v. Expected build~out date.
c. Key Commission Changes to Staff Recommendation:
i. Recommend approval of the modified preliminary plat;
ii. Granted the applicant's request to delay construction of the landscaping around
the school lot and the conunerciallot, until they develop; and,
iii. Accepted the applicant's proposal to construct a pool, construct a pathway
adjacent to the out parcel on Meridian Road, and maintain a maximwn of 548
single-family lots on this property.
d. Outstanding Issue(s) for City Council:
i. Prior to the City Council hearine:. the aoolicant was 20m2 to aooroach the owner
of the out oarcel on Meridian Road to see if that owner would allow the applicant
to construct a Iledestrian Dathwav alone: the frontae:e oftheir prooertv. Staff
reconunends that the Council get an update from the aPDlicant as to anv
discussions the apDlicant mav have had with the owner ofthe out DarceL
3. PROPOSED MOTION (to be considered after the public hearing)
Approval .
After considering all staff, applicant and public testimony, I move approve File Numbers AZ-06-
015 and PP-06-013 as presented in staff report for the hearing date of July 11,2006 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06-015 and PP-06-013 as presented during the hearing of July 11, 2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state
specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers AZ-06-015 and PP-06-013 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: Southeast comer of Victory and Meridian Road (SH 69) in
Section 30 Township 3 North Range 1 West
b. Owner:
Justin Martin
4487 N. Dresden Place, Ste. 102
Garden City, ill 83714
Tanana Valley Subdivision AZ.06-01SIPP-06-013
PAGE 2
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
c. Applicant:
Farwest, LLC
4487 N. Dresden Place, Ste. 102
Garden City, II) 83714
d. Representative: Ben Thomas, Briggs Engineering, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Land Use Designation: Medium Density Residential & Mixed
Use - Neighborhood
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning ofthe subject 182.60 acres to TN-R, R.8 and C-N and Preliminary
Plat approval of 548 single-family buildable lots, 1 school lot, 1 commercial lot, and 20
common lots. The average lot size in the development is 8,750 square feet. The gross density
of the project is 3.09 dwelling writs per acre. About 24 acres (13.5%) of the site is being set
aside for open space.
1. Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
3/7/06
1/19/06
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constiMe a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: May 15th and 29th, 2006 (for Planning & Zoning
Commission hearing), and June 191h and July 3rd, 2006 (for City Council hearing)
d, Radius notices mailed to properties within 300 feet on: May 12th, 2006 (for Planning &
Zoning Commission hearing), and June 16d" 2006 (for City Council hearing)
e. Applicant posted notice on site by: May 22M, 2006 (for Planning & Zoning Commission
hearing), and July 1 S\ 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There is a single-family home and some associated outbuildings on
this site, The existing home is to remain.
b, Description of Character of Surrounding Area: This area contains a mix of uses. To the
north, across Victory Road are a commercial nursery and other conunercial businesses and
single-family homes in Observation Point Subdivision. To the south and east are recently
approved subdivisions in the City. To the west, across Meridian Road, are large parcels and
single-family homes in the County. This section is rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Single-family homes within Observation Point Subdivision, zoned R4;
Commercial nW'sery, convenience store and feed store, zoned CoG
Tanana Valley Subdivision AZ-06-0ISIPP-Q6-013
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
2. East: Grange Hall, zoned Rl (Ada County); Single-family homes within Tuscany
Village Subdivision, zoned R.8
3. South: Approved Sicily Subdivision, zoned Ra8; approved Reflection Ridge
Subdivision, zoned R-8; Storage facilities; zoned RUT (Ada County)
4. West: Single-family homes and agriculture on large parcels, zoned RUT & R6 (Ada
County)
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There are existing mains in Tuscany Village and a private
lift station that flows to observation point.
Location of water: There are existing mains in E. Victory Road.
Issues or concerns: The need for an "Off-Peak Pumping" station.
Redundancy concerns for the new high zone. Sewer trunk routing.
2. Vegetation: There are some existing trees on this site that should either be preserved
or mitigated for. The rest of the site is primarily used for agricultural purposes.
3. Flood plain: N/A
4. CanalslDitches Irrigation: The Ridenbaugh Canal bisects the subject property.
There are a couple of other ditches and/or drains that abut this site. Except for the
Ridenbaugh Canal, the applicant should cover all ditches and laterals that cross,
intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B
below for requirements related to the irrigation ditches, laterals and canals on this site.
5. Hazards: The Ridenbaugh Canal is deep and wide and could be hazardous to
children.
6. Proposed Zoning: R-8, TN.R and CoN
7. Size of Property: 182.60 acres
8. Description of Use: Single~family, alternative school site, and future commercial
f. Subdivision Plat Information:
1. Residential Lots:
548
2. Non-residential Lots:
3. Total Building Lots:
4. Common Lots: 20
5. Other Lots: 0
6. Total Lots: 570
7. Gross Density: 3.09 units per acre (net density is 4.09 d.u.lacre)
g. Landscaping
1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25-foot wide landscape
buffer is required adjacent to arterial streets. Victory Road and Meridian Road (SH 69)
2 (1 school lot and I commercial lot)
550
Tanana Valley Subdivision AZ-06+015IPP-06-013
PAGE 4
CI1Y OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
are both classified arterial roadways. Meridian Road is designated as an entryway
corridor; a 35.foot wide landscape buffer is required. Street buffers are not required on
any of the internal, local streets.
2. Width ofbuffer(s) between land uses: Per UDC (Table 11-2B~3) a 20-foot wide
landscape buffer is required between C-N zoned property and residentially zoned
property. A 20-foot wide landscape buffer should be provided along the western
boWldary of the proposed C.N lot (Lot 2, Block 1)
3. Percentage of site as open space: 13.5%/24.05 acres
4. Other landscaping standards: Landscaping adjacent to multiuse pathways and
micropaths should comply with UDC 11-3B~12. Common open space lots should
include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2).
h. Amenities: Open space and pathways.
i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad between access and garage.
J. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public
street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat,
two public streets are shown to intersect Victory Road, and one public street is shown to
intersect Meridian Road. However, the applicant has stated that the eastern most access to
Victory Road will not be constructed. The ACHD is requiring that Standing Timber Way be
constructed as a residential collector, with no front-on housing. All of the other internal streets
are proposed local streets with 33-foot wide street sections (measured back of curb to back of
curb) and contain 4.foot wide detached sidewalks. There are two blocks in the center of the
project that propose access to the units from the alley. The applicant is proposing to provide
stub streets to the previously approved Sicily Subdivision to the south, Reflection Ridge to the
east, and one to the Grange Hall. Staff is generally supportive of the proposed street system
(see Analysis below). ACHD's conditions are included in Exhibit B ofthe Staff Report.
7. COMMENTS MEETING
On March 17,2006, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, Meridian Police Department, and the
Sanitary Services Company. Staffhas included comments, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" and "Mixed Use - Neighborhood" on
the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated
to contain between three and eight dwellings per acre. The purpose of the mixed use designation
is "to provide a blend of high-density residential, small-scale commercial, entertainment, office
and open space uses that are geared to serve all residents within a one to two square mile area.
The centers should offer an internal circulation system that connects with adjacent neighborhoods
or regional pathway(s). They will also serve as public transit locations for future park and ride
lots, bus stops, shuttle bus stops or other alternative modes of transportation." (see Page 95 of the
Comprehensive Plan.)
This property is also designated for a Neighborhood Center on the Comprehensive Plan Future
Land Use Map. Some of the key concepts of a Neighborhood Center include: short blocks,
commercial area located at the Yz mile and not at the arterial intersection, schools located mid.
T WlWla Valley Subdivision AZ-06-0 lS/PP-06-0 13
PAGE 5
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
section, intercoIUlected circulation that is convenient for automobiles. pedestrians, and transit,
variety of housing choice, housing arranged in a radiating pattern of lessening densities, residents
can access neighborhood commercial services without being forced onto arterial streets,
facilitates more efficient transportation along arterials, grid street pattern, connects and integrates
with the larger street and pathway system, providing public open spaces. Staff believes that these
concepts are already designed into the project, or have been conditioned by staff. Staff believes
that this project generally complies with the Neighborhood Center designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter vn, Goal ill, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property, The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in theIollowing manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense,
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office,
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the '
Ada County Highway District (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter VI, Goal II, Objective A, Action 3 - Consider '.Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient,
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
Chapter VI, Goal II, Objective A, Action 6 . Require street cOIUlections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
Tanana Valley Subdivision AZ.06-01S/PP.06-013
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
The submitted preliminary plat proposes to extend two stub streets provided to this property from
previously approved subdivisions. In addition, a stub street is being proposed to the eastern
parcel (Grange Hall) currently zoned in Ada County Rl, which staff anticipates wilt re-develop in
the near future. Staff believes that the applicant has done a nice job of connecting and extending
the existing stub street as well as providing/or future connectivity to the east and west. NOTE:
The location of the Nyack Avenue stub street does not appear to directly align with Caesar
Avenue to the south.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above,
Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a six-foot tall fence along Meridian Road. No other
fencing is shown on the submitted landscape plan, Prior to house construction, fencing should be
constructed around the perimeter of this site.
Chapter VI, Goal II, Objective A. Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct four-foot wide sidewalks adjacent to all of the proposed
streets, which connect to adjacent properties. The applicant is also proposing to constmct a
micro path so the lots in the nonhernportion of this development have easy access to the
proposed park area. Staff is generally supportive of the proposed pedestrian connections to the
adjacent properties.
Chapter VII, Goal N, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
To promote better connectivity, staff is recommending that additional micro paths be provided to
tie into the multi-use pathway along the Ridenbaugh Canal.
Chapter VII. Goal N, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
In accordance with the Comprehensive Plan and ACHD 's standards, the applicant is proposing
public street access to Victory Road and Meridian Road, To ensure that the out~parcels
surrounded by this development have access to local streets. staff is recommending that access be
provided from the subject property,
Chapter vn, Goal N, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Tanana Valley Subdivision AZ-06.0 15IPP.06-0 13
PAGE 7
CITY OF MERIDIAN PLANNING DfP ARTMENT STAFF REPORT FOR TIlE HEARING DA IE OF JULY 11.2006
The applicant is proposing residential zoningfor most of the property. Staff finds that the existing
single-family residential properties to the north, south, east and west, as well as the Grange Hall
to the east are compatible with the proposed development.
Staff believes that the proposed development generally complies with the Comprehensive Plan. Staff finds
that the proposed density, land uses and zoning for this property are consistent with the goals and
objectives of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any
verbal or written testimony that may be provided at the public hearing when determining if the
applicant's zoning and development request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: The Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as pennitted uses in the R.8 and TN-R zoning districts. There are several principally
permitted, accessory and conditional uses allowed in the C-N zoning district.
b. Purpose Statement of Zone;
. R-8 Medium-Density Residential: The putpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian
Comprehensive Plan. Connection to the City of Meridian water and sewer
systems is a requirement for all residential districts. Residential districts are
distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range,
. TN-R Traditional Neighborhood Residential: The putpose of the TN-R District is
to provide for a variety of residential land uses including attached and detached
single-family residential, duplex, townhouse, and multifamily. A TN-R District
includes open spaces and promotes pedestrian activity through well-designed and
varied streetscapes that also provide for the safe and efficient movement of
vehicular traffic. Most dwelling units should be accessed from alleys. The
maximum density of the TN-R District is fifteen (15) units per acre. The
minimum density is eight (8) units per acre. Density should decrease away from
the center and closer to conventional residential districts. The TN-R District
should be generally located: adjacent to a TN-C District, along a transit corridor,
or within a mixed use neighborhood. For the putposes of this Title, the term
residential district shall also include the Traditional Neighborhood Residential
District.
. C-N Neighborhood Commercial: The putpose of the Commercial Districts is to
provide for the retail and service needs of the community in accord with the
Meridian Comprehensive Plan, Four Districts are designated which differ in the
size and scale of commercial structures accommodated in the district, the scale
and mix of allowed commercial uses, and the location of the district in proximity
to streets and highways.
c. General Standards: ODe 11.2D.6 - The standards of the Traditional Neighborhood
District are to be negotiated by the Planning Commission and the City Council. The
following are the standards approved by the City Council for TN-R developments (see
Analysis Section 10 below for additional standards).
Tanana Valley Subdivision AZ-06-0IS/PP-06-013
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
I ,"'- ,I, ' , ,-,,' I"~"~ . %.IlIIIRr~{l' ','" . - -.- -- --~r;""""~r.1~"'" '~""'U:lli~::JlII!;~J1
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Minimum front setback
for alley accessed properties' (in feet)
for street accessed properties' (In feet)
10
20 to garage
10 to livin area
Minimum rear setback
for alley accessed properties' (in feet)
20 to garage if alley width 16 feet
18 feet to garage if alley width 20 feet
12
5
o
with Class II trees and 5' sidewalk
with Class II trees and 5' sidewalk
Lighting. In addition to the standards as set forth in Section 11- 3A -11, the following standards
shall apply within the TN~R district: All dwelling unit~ shall have a minimum of two (2) lights at
the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two
(2) lights along the alley, All lighting required in this section shall be on a photocell that activates
the lighting at dusk and turns it off at dawn.
Fencing: Rear yard of alley accessed properties and alley side yard properties: All fences within
the required rear shall be open vision. Fences shall be setback a minimum of five-feet (5') from
the alley (measured from property line). Side yard fences that follow the side yard property line
shall only be allowed where the side setback is five feet (5') or greater.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R.8. TN-R and C-N zoning is appropriate for
Tanana Valley Subdivision AZ-06-0l5/PP-06-013
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
tbis property. Please see Exhibit D for detailed analysis of the required facts and
findings for annexation.
The annexation legal description submitted by the applicant (stamped on May 3, 2006
by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
Special Considerations:
Development AlZteement: UDC 1l-SB-3.D.2 and Idaho Code ~ 6S-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this nropertv is developed in a fashion that is consistent with the
comprehensive plan desilDlation and does not neeativelv impact nearbv
nroperties.
Rumple Lane: Originally the area containing Rumple Lane was not part of the
subject applications. It is staffs understanding that the applicant has
subsequently acquired Rumple Lane. In order to facilitate a future public street
extension to this property from Meridian Road, staff recommends that the
applicant abandon Rumple Lane as an access to the public roadway system
(Rumple may be used as a temporary emergency access if approved by the Fire
Department.) Any interest that the subject properties have in Rumple Lane
should be surrendered upon annexation. Further. prior to the City Council
hearine on this oroiect the aOl'licant should submit new leg-al descriptions for this
proiect that describe the parcel for Rum91e Lane. AND submit new copies of a
preliminarY olat showin~ the revised location of Harris Street.
Access to Arterials: Except for the public street accesses approved by ACHD, all
other vehicular access to Meridian Road and Victory Road should be prohibited
for this site.
Multi-use Pathwav: On the Comprehensive Plan Future Land Use Map, a multi-
use pathway is depicted on this property. The applicant is proposing to construct
the multi.use pathway on the south side of the Ridenbaugh Canal from the east
property line to Meridian Road. Staff is generally supportive of the location of
the pathway.
Sidewalk: There are two out parcels that will create gaps in the sidewalk system
along Victory Road and Meridian Road, once this property develops. This could
become a hazard to pedestrians using the sidewalk facilities. Consistent with
ACHD's Site Specific Condition #4, the applicant should construct sidewalk
along the out parcel on Victory Road and adjacent to the out parcel on Meridian
Road.
Conunercial Lot: Staff originally thought that a TN-C zone would be appropriate
for a portion of this site. However, due to the close proximity of the planned
conunercial uses at Victory Greens, staff believes that it may not be appropriate
in this case. Staff believes that the proposed C-N zoning for 3.94 acres ofthis site
is also consistent with the Comprehensive Plan. However, no details of how this
lot will/may develop have been submitted. Staff has concerns over the lack of a
concept for this commercial area and is reconunending that details be provided to
Tanana Valley Subdivision AZ-06-015IPP-06-013
PAGE 10
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
Staff and the Council prior to construction of any commercial buildings on this
site.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
aIUlexation ordinance adoption), and the developer. The aDDlicant shall contact
the Citv Attornev. Bill NlU)'. at 888-4433 to initiate this orocess within 18
months of City COWlCil aDDroval of the annexation request. The DA shall
incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
· That all future development of the subj eet property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
. That the applicant will be responsible for all costs associated with the
sewer and water service extension.
. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Gode.
. That all future uses within the C-N area will comply with the schedule of
use for the CoN zone in effect of the time of building permit submittal;
that prior to issuance of any building pennit within the C-N zoning area,
a re-subdivision of the C-N lot be recorded, and that with the re-
subdivision application, the applicant agrees to submit elevations for
approval by the City Council; and that the construction of any
subsequent structure(s) in this area shall be generally compatible in
appearance and hulk with the Council approved pictures/elevations.
. That the applicant agrees to construct and provide for the maintenance of
a 20-foot wide landscape buffer along the west side of the C-N zoned
property, where it abuts residential zoning.
. That the applicant agrees to annex the Rumple Lane property and include
it within the boundary of the concurrent subdivision.
. That, except for emergency access as required by the Fire Department,
the applicant agrees to relinquish any interest this property may have in
Rumple Lane,
. That one public street access will be allowed to Meridian Road, located
Yz mile south of Victory Road; direct lot access to Meridian Road shall
be prohibited. Said public street access shall align with Harris Street,
across Meridian Road, and use the public street stub/right-of-way
provided from Reflection Ridge to the south.
. That public street access will be allowed to Victory Road, as approved
by ACHD; direct lot access to Victory Road shall be prohibited.
. That the applicant should construct sidewalk adjacent to the out parcel
Tanana Valley Subdivision AZ-06-01 SIPP-06-013
PAGE II
CITY OF MERIDIAN PLANNING OEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY II, 2006
on Victory Road and adjacent to the out parcel on Meridian Road.
NOTE: If the construction and easement for the oathwav is not allowed
in writinl! bv the owner of the out parcel. the aoplicant al!rees to bond
or provide another citv-aooroved method for oroviding assurance that
the oathwav imorovements in that area are constructed when the out
parcel redevelopS.
. That the applicant agrees to construct a multi-use pathway through this
site from the southeast corner of the property to Meridian Road.
. That the City has acceoted the aoolicant's orooosal to construct a 0001
within this develooment.
. That a maximum of 548 sinl!le-familv lots shall be olatted on this
propertv.
. That the applicant aerees to provide commercial desien. buUdin,
massine and construction materials for this development as
oroDosed durin!! the public hearlnes on Julv 11.2006 and AUl!USt 8.
2006.
2. PP Application: The proposed preliminary plat substantially complies with the Unified
Development Code. Below are specific considerations and changes that should be made
to the submitted preliminary plat.
Ditches. Laterals. and Canals: The Ridenbaugh Canal and the Kennedy Lateral
traverse through this site. There are other irrigation/drainage laterals that bisect this
parcel. The City has historically not required the Ridenbaugh Canal to be piped (it
would take a large diameter pipe,) Per MCC 12-4-13, all irrigation ditches, laterals or
canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and
contiguous to the area being subdivided should be tiled. Staff recommends that
exclusive ofthe Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled,
Pressure IrrilZation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should
be required to utilize any existing surface or well water for the primary source. If a
sw'face or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is used, the developer will be
responsible for the payment of assessments for the common areas prior to signature on
the fmal plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in
accordance with MCC 12-13-8 and MCC 9-1-28.
Fencimz: Except for along Meridian Road, the applicant is not proposing to construct
fencing within the development. UDC 11-3A-7A7 requires the developer to construct
fencing adjacent to micro-paths to distinguish common from private areas. All fencing
adjacent to micropaths and internal couunon lots should be restricted to either a 4-foot
tall solid fence or a 6-foot tall open-vision fence. Further, staff recommends that an
open-vision fence (or a 4-foot tall closed fence) be installed along the buildable lots
that are adjacent to the Ridenbaugh CanaL A detailed fencing plan should be
submitted upon application ofthe final plat (MCC 12-4-10.F.3). If permanent fencing
is not provided prior to issuance of building permits, temporary construction fencing
to contain debris must be installed around the perimeter. Perimeter, common open
Tanana Valley Subdivision AZ-06-0 15/PP.06-013
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TIlLY II, 2006
space, and micro-path /multi-use fencing shall be designed according to UDC ll-3A-
7.
Multi.use Pathwav: The applicant is proposing to construct the multi-use pathway that
is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal.
The applicant is proposing to construct the pathway 10-feet wide along the entire
length of the property. Staff is supportive of the proposal to construct the multi~use
pathway as depicted. However, staff has concerns with fencing and landscaping
adjacent to the pathway. City Code ll-3B-12 requires a 5-foot wide landscape buffer
along the pathway. The submitted landscape plan depicts only a couple of feet of sod
and no trees directly adjacent to the south side of the pathway. Staff recommends that
the applicant be required to construct a 5-foot wide landscape buffer (including trees)
along the south side of the multi-use pathway and fencing on the south side of the
landscaping (north side ofthe buildable lots.)
Microoaths: The applicant is proposing to constnlct some micropaths with this plat.
Staff is generally supportive of the pedestrian connections between the different
subdivision blocks. However, staff is recommending that additional micropaths be
provided. UDC 11-6C.3F prohibits blocks from being longer than 1,300 feet without a
pedestrian connection. Block 8 exceeds the maximum block length without a
pedestrian connection. The applicant is not proposing to provide any micropath
connections to the multi-use pathway along the Ridenbaugh Canal. Staff is
recommending that a micro-path be added near the bulb-out in Block 1 (near Lots 76
and 77) and between Lots 7 and 8, Block 12, To enhance pedestrian access to the
future school site on Lot 41, Block 20, a pedestrian connection from Rising Sub Street
to Pistioa Street should also be provided. This micropath should be located in general
alignment with Nyack Avenue/Caesar Avenue. In the Comprehensive Plan,
neighborhood centen; are supposed to have commercial uses that are geared towards
pedestrian access. The proposed C-N zoned lot does not provide a good relationship to
the residential uses swrounding it. Therefore, staff recommends that the applicant
provide a pedestrian connection from Thunder River Avenue to the proposed
commercial Lot 2, Block 1. This micro-path shall be located approximately between
Lots 7 and 9, Block 1. All micropaths shall be constructed at least 5 feet wide, with 5
feet oflo.ndscaping on each side of the path (UDC 11-3B-12).
Detached Sidewalks: The applicant is proposing to construct 4-foot wide detached
sidewalks on the internal streets. The sidewalks are detached from the curb with a 5-
foot wide (varies) landscape strip. In accordance with the recently passed ACHD
planter width standards and UDC 11-3A-17E, the width of the planter strip should be
constructed 8-feet wide and include Class II trees OR 6-feet wide with root barrier
around the trees, if the parkway is being counted towards the open space requirement.
Common Areas: Maintenance of all common areas shall be the responsibility of the
Tanana Valley Home Owners' Association.
Landscapinll: The landscape plan prepared by Harvest Design, on 1-19-06, labeled
Sheets #LS.l through LS-4 is approved with the following modifications/notes:
. Construct a minimum 25-foot wide street buffer along the entire length of
Victory Road (including adjacent to the school lot), exclusive of ACHD right-
of-way. Said buffer should be constructed in accordance with UDC ll-3B-7.
Tanana Valley Subdivision AZ-06-0 15/PP-06-0 13
PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11.2006
· Construct a minimum 35~foot wide street buffer along the entire length of
Meridian Road, exclusive ofnD right~of-way. The applicant shall provide a
landscape design in Lot I, Block 1 and Lot Ill, Block 1, consistent with noise
abatement standards for residential uses along state highways in accordance
with UDC 11~3H-D. (Berming at a 2:1 slope is not approved,)
. Per UDC 11-3B-9 and UDC Table lI-2B-3, constmct a minimum 20-foot
wide landscape buffer on the west side of Lot 2, Block 1.
. In accordance with the submittal, set aside at least 11 % of the site for useable
open space.
. Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
. Per UDC 11-3B-I0, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. Maintain at least a 5-foot wide landscape strip on both sides of all micropaths,
and the Parks Department required multi-use pathway, and construct trees at a
rate of I tree per ever 35 linear feet.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the final plat application(s).
Access: Access to this site is currently provided from Meridian Road via a private
lane. Except for the proposed and approved public streets, direct lot access to
Meridian Road and Victory Road should be prohibited; place a note on the fInal plat.
The applicant should abandon any vehicular access interest this property has in the
private lane to Meridian Road. Staff recommends that prior to signature of the fmal
plat by the City Engineer, the applicant be required to submit a copy of a recorded
document, a release of dominant parcel interest, for the interest that the subject parcels
have in the private lane (coordinate the drafting of this document with the City's Legal
Department.)
NOTE: Several of the neighbors in this area have expressed concern over the lack of
entrances into this development. Staff believes that the concerns from the adjacent
neighbors are due to the main entrance of Tanana aligning with the entrance to
Observation Point and funneling all of the traffic to a single intersection. Staff is
typically supportive of limiting access points to classifIed roadways. Staff
recommends that the Commission and COWlcil determine if another public street, and
not just a secondary emergency access be provided to this site from Victory Road
(please see Secondary Access below).
Secondary Access: The Police and Fire Departments have concern over the lack of
secondary emergency access into the northwest portion of this development. There are
more than 50 homes that are being served on a single access. The Police and Fire
Department recommend that secondary/emergency access be provided to this site from
Victory Road, in general alignment with Swan Creek Avenue.
Tanana Valley Subdivision AZ.06-0ISIPP-06-013
PAGE 14
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
Stub Streets: There are foW' stubs streets provided to this property from the adjacent
developments. Staff recommends that all of the stub streets be extended. Staff has
concerns about the extension of the public street stub from Reflection Ridge at
Rumple Lane. The submitted preliminary plat does not show the extension of this
street into the subject property and continuing out to Meridian Road. Staff
recommends that this street be extended into the site, and that Lots 1 and 2, Block 11,
be designed so they are not double-fronted lots. Coordinate the design of the Harris
Street/Reflection Ridge Street intersection with ACHD staff. The applicant should be
required to extend the other public stub streets as proposed.
There are two out parcels that are surrounded by the subject development. One of the
out parcels is on Victory Road, the other is on Meridian Road. Both of these out
parcels currently take direct access to the adjacent arterial roadway. To allow for
access to these parcels to be provided from a local road, staff recommends that Pol a
Lake Court be extended as a stub street to Parcel No. S1130233652 and that public
street access be provided to Parcel No. S1130120800 by extending Tahoe Street where
Lots 20, 21 and 22, Block 20 currently are. NOTE: Providing access to Parcel
Sl130l20800 may cause the applicant to lose a lot in that area.
Develooment ~one: State Hil!:hwavs: UDC 11-3H-l is intended to achieve three
purposes: 1) limit access points to state highways in order to maintain traffic flow and
provide better circulation and safety within the community and for the traveling
public, 2) to preserve right-of-way for future highway expansions, and 3) design new
residential development along state highways to mitigate noise impacts associated
with such roadways. Staff believes that the applicant has met the purposes mentioned
above. The applicant should obtain an access permit from ITD for the Hanis Street
access. The applicant should construct a 10-foot wide multiuse pathway with a public
use easement along Meridian Road. In accordance with UDC ll-3H-4D, the applicant
should construct noise abatement along Meridian Road.
Flal!: Lots/Common Drives: UDC Il-2A-3 requires street frontage for 2 properties
sharing a common drive to be 15 feet and street frontage for 3 or 4 properties sharing a
common drive to be 10 feet. Lots 10 and 11, Block 17, shall have at least IS-feet of
frontage and share a common drive and Lots 12~15, Block 1, Lots 23~26, Block 12,
Lots 7-9, Block 20 and Lots 19-21, Block 20, shall have at least 10-feet of frontage
and share a common drives. When a common drive is being used, UDC ll-6C-3D7
requires setbacks, building envelopes, and orientation of the lots and structures to be
shown on the plat; building setbacks should be measured from the edge of the
common drive easement or property lines, whichever is more restrictive. Further,
UDC Il-3C.6 requires every single-family detached dwelling to have a two-car
garage and a 20' x 20' parking pad on the lot. The asphalt for the common drive
should not count towards the required parking pad area.
Allevs: The applicant is proposing to construct two alleys in this development. The
UDC requires the following for alleys:
a. Alleys shall have a minimum of sixteen feet (16') of paving.
b. All alleys shall serve as fire lanes.
c. All alleys shall be concrete or asphalt with a concrete ribbon curb.
d. The entrance to the alley from the public street shall provide a minimum
twenty-eight foot (28 ') inside and forty-eight foot (48') outside turning
Tanana Valley Subdivision AZ-06-015/PP.06.013
PAGE 15
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF JULY 11, 2006
radius, No parking shall be allowed on either side of the street within fifty
feet (50') of the alley entrance as measured from the centerline of the alley.
e. Alleys shall be designed so that the entire length is visible from a public
street,
TN-R Lots: All TN.R zoned lots shall comply with the recently adopted standards for
the TN-R zone, including: the dimensional standards/setbacks, all dwelling units shall
have a minimwn of two lights at the front of the unit and all dwelling units on alley
access properties shall have a minimum of two lights along the alley, operated by
photocell. All fencing should comply with UDC 11-3A-7C.
b. Staff Recommendation: Staff recommends anoroval of the subiect applications AZ-06-
015 and PP-06-OI3. with the conditions listed in Exhibit B oflbe Staff RepoIt for the hearing
date of June 1. 2006. On June 1. 2006 the Meridian Plannimz & Zoning Commission voted to
recommend approval of the subiect applications. with the modified Conditions listed in
Exhibit B.
11. EXHIBITS
A. Drawings
1. Preliminary-Plat (dated: 3-7-06 REVISED 5-21-06)
2. Landscape Plan (dated: 1-19-06)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Idaho Transportation Department
10. Nampa & Meridian hrigation District
C. Undated Legal Description
D. Required Findings from Unified Development Code
Tanana Valley Subdivision AZ-06-0 I SIPP-06-0 I 3
PAGE 16
CllY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF illL Y II, 2006
A. Drawings
1. Preliminary Plat (dated: 3-7-06 REVISED 5-21-06)
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CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of JANUARY 19,2006
B. Conditions of Approval
1. Planoing Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (pP-06-013)
1.1.1 The preliminary plat labeled as Sheet 1 - 4, prepared by Briggs Engineering, Inc., dated March 7,
2006. revised on Mav 21. 2006. is approved, with the conditions listed herein. All comments and
conditions of the accompanying Annexation and Zoning (AZ-06-015) application shall also be
considered conditions of the Preliminary Plat (PP-06-013). The applicant shall comulv with the
urovisions listed in the recorded Develoument Aereement with the City (see Section 10.a.1 of the
Staff Reuort).
1.1.2 The landscape plan prepared by Harvest Design, on 1-19-06, labeled Sheets #LS-l through LS-4
is approved with the following modifications/notes:
. Construct a minimum 25-foot wide street buffer along the entire length of Victory Road
(Adjacent to the school lot the aoolicant shall install5-foot wide sidewalk an urovide the
~sement for landscauiUlz. The School District will be responsible for the construction of
the 1andscapinl! when the lot develops), exclusive of ACHD right-of-way. Said buffer
should be constructed in accordance with tIDC 11-3B-7.
. Construct a minimum 35-foot wide street buffer along the entire length of Meridian
Road, exclusive of IT'D right-of-way. The applicant shall provide a landscape design in
Lot 1, Block 1 and Lot 111, Block 1, consistent with noise abatement standards for
residential uses along state highways in accordance with UDC 11-3H-D. (Benning at a
2: 1 slope is not approved.)
. Per UDC 11-3B-9 and UDC Table t 1-2B-3, construct a minimum 20-foot wide
landscape buffer on the west side of Lot 2, Block 1. Provide said easement with the
recordation of the final plat. and construct the landscaping when the commercial lot
develops (prior to occupancv of anY commercial building).
. In accordance with the submittal, set aside at least 11 % of the site for useable open space.
. Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square feet of
common open space shall be planted, and conunon areas should be improved with lawn,
either seed or sod.
. Per UDC 11-3B-IO, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site. .
. Maintain at least a 5-foot wide landscape strip on both sides of the proposed micropaths,
and the Parks Department required multi-use pathway, and construct trees at a rate of 1
tree per ever 35 linear feet. If the NamDa-Meridian Im2anon District does not allow
trees to be Dlanted between the Dathwav and the toP of bank of the Ridenbau2h
Canal. the 8Dulicant should not be required to install trees.
. A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan. All standards of installation
shall apply as listed in UDC 11-3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the fmal plat application(s).
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19.2006
1.1.3 Construct fencing adjacent to micro-paths to distinguish common from private areas. All fencing
adjacent to micropaths and internal common lots should be restricted to either a 4-foot tall solid
fence or a 6-foot tall open-vision fence. Construct an open-vision fence (or a 4-foot tall closed
fence) along the buildable lots that are adjacent to the Ridenbaugh Canal. A detailed fencing plan
should be submitted upon application of the final plat (MCC 12.4~10.F.3). If permanent fencing
is not provided prior to issuance of building pennits, temporaIY construction fencing to contain
debris must be installed around the perimeter. Perimeter, common open space, and micro-path
/multi-use fencing shall be designed according to UDC Il-3A-7.
1.1.4 Construct a 1 O~foot wide asphalt multi-use pathway along the south side of the Ridenbaugh
Canal, from the eastern boundary to Meridian Road. Construct a 5-foot wide landscape buffer
(including trees) along the south side of the multi~use pathway and fencing on the south side of
the landscaping (north side of the buildable lots.) The multi-use pathway shall be constructed in
accordance with the Meridian Park Department's requirements. The pathway must COIUlcct from
one major arterial to another, and either an easement or ownership deed must be granted before
the city will assume the maintenance of any section of pathway.
1.1.5 Provide a micro-path COIUlecting Squaw V alley Avenue and Soda Springs Avenue through Block
8. Provide a micro-path near the bulb.out in Block 1 (near Lots 76 and 71) and between Lots 7
and 8, Block 12. To enhance pedestrian access to the future school site on Lot 41, Block 20, a
pedestrian cOIUlection from Rising Sub Street to Pistioa Street shall also be provided. This micro-
path shall be located in general alignment with Nyack Avenue/Caesar Avenue. Provide a
pedestrian cOIUlection from Thunder River Avenue to the proposed conunercial Lot 2, Block 1.
This micro-path shall be located approximately between Lots 7 and 9, Block 1. All micro-paths
shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path.
1.1.6 Construct 4-foot wide detached sidewalks along all of the internal streets, Detached sidewalks
shall be separated from the curb by at least 5 feet of landscaping (sod or groundcover). Or if the
parkway is being counted towards the open space calculation, they should be widened to 8 feet
and includes Class II trees OR be 6-feet wide with root barrier around the trees.
1.1.7 Place a note on the face of the final plat that prohibits direct lot access to Victory Road and
Meridian Road. Access to Lot 2, Block 1, is approved as shown on the preliminarv plat
labeled Sheet 1-4. dated March 7. 2006. revised on Mav 11. 1006.
1.1.8 The applicant shall abandon any vehicular access interest this property has in the private lane
(Rumple Lane) to Meridian Road. Prior to signature of the final plat by the City Engineer, the
applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for
the interest that the subject parcels have in the private lane (coordinate the drafting of this
document with the City's Legal Department.)
1.1.9 Provide secondary/emergency access to the northwest portion of this development from Victory
Road, in general alignment with Swan Creek Avenue.
1.1.10 Extend the stub street from Reflection Ridge, at the south property line, into the subj ect property
and out to Meridian Road. Lots 1 and 2, Block 11, shall be reconfigured so they are not double-
fronted. Coordinate the design of the Harris StreetJReflection Ridge Street intersection with
ACHD staff. The applicant shall extend the other public stub streets as proposed.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
1.1.11 Extend Pola Lake Court as a stub street to Parcel No. S1130233652. Extend Tahoe Street as a
public stub street to Parcel No. S1130120800. Extend Snow Pass Street (not Mesa Avenue) to
Parcel No. 81130120700, as proposed.
1.1.12 The applicant shall obtain an access permit from ITD for the Harris Street access. The applicant
shall construct a 10-foot wide multiuse pathway with a public use easement along Meridian Road.
The applicant shall construct noise abatement along Meridian Road, in accordance with UDC 11-
3H-4D.
1.1.13 Lots 10 and 11, Block 17, shall have at least 15pfeet of frontage and share a common drive, and
Lots 12.15, Block 1, Lots 23~26, Block 12, Lots 7~9, Block 20 and Lots 19-21, Block 20, shall
have at least 10-feet of frontage and share common drives. The common drive easements shall be
depicted and explained on the face of the flnal plat; building setbacks shall be measured from the
edge of the common driveway easement or property lines, whichever is more restrictive. In
accordance with UDC 11-6C-3D7, depict the required setbacks, building envelopes, and
orientation of the lots and structures on the lots mentioned above, on the face of the final plat. In
accordance with UDC 11-3C-6, provide each single-family detached dwelling with a two-car
garage and a 20' x 20' parking pad between the garage face and the common driveway (the
asphalt for the common driveway shall not count towards the required parking pad area.) Comply
with all common driveway provisions listed in UDC 11-6C-3D.
1.1.14 Access to the lots in Block 21 and 22 shall be from the alley, and not the adjacent public street.
All alleys shall have a minimum of sixteen feet of paving. All alleys shall serve as flre lanes. All
alleys shall be concrete or asphalt with a concrete ribbon curb. The entrance to the alley from the
public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48')
outside turning radius. No parking shall be allowed on either side of the street within fifty feet
(50') of the alley entrance as measured from the centerline of the alley. Alleys shall be designed
so that the entire length is visible from a public street.
1.1.15 All TN-R zoned lots shall comply with the recently adopted standards for the TN-R zone,
including but not limited to: all dimensional standards/setbacks; all dwelling units shall have a
minimum of two lights at the front of the unit and all dwelling units on alley access properties
shall have a minimum of two lights along the alley, operated by photocell; and, all fencing shall
comply wilh UDe 11-3A~7C.
1.1.16 Maintenance of all common areas shall be the responsibility of the Tanana Valley Home Owners'
Association.
1.1.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal,
that intersect, cross or lie within the area being subdivided shall be covered, Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non.approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.1.18 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06~OI3)
1.2.1 A detailed. landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
Exhibit B - Page 2
CITY Of MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE Of JANUARY 19.2006
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A.17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards ofUDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staff's failure to cite specific ordinance provisions or tenns of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. Public Works Department
2.1 'This property is master planned to sewer to the Black Cat Trunk main, since they are proposing to
temporarily sewer this development out of shed the applicant shall be responsible to install a
temporary off-peak pumping station in a location coordinated with the Public Works Department.
The station design and capacity shall be coordinated with the Public Works Department; the
design shall include communication capabilities that are consistent with the City of Meridian's
SCADA system. If new information arises from ongoing modeling exercises or other subsequent
sources, then this condition may be rescinded by the City Engineer.
2.2 The applicant is showing approximately 137 lots flowing to mains in Tuscany Village. The
applicant shall be responsible to install a second off-peak pumping fltation in this location. or
enlarge the wet well at the primary location to handle the effluent from Observation Point. The
number of building permits allowed in tbis development will be directly proportional to the
number of ERU' s that are storable in the off peak pumping station.
2.3 An ongoing study of the Master Sewer Plan is being accomplished at this time. There may be a
need to route a main line trunk through this project. Prior to construction plan submittal the
applicant's engineer shall meet with Public Works to coordinate this routing in the construction
plans.
2.4 The applicant shall install sewer mains to and through this project; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.5 Water service to this site is being proposed via extension of mains in Victory Road. The
applicant shall be responsible to install water mains to and through this development wbich
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of JANUARY 19,2006
includes a 12-inch main in the frontage along Meridian Road. or as otherwise allowed bv the
Public Works Deoartment; coordinate main size and routing with Public Works.
2.6 The applicant shall be required to install a flushing station along the Ridenbaugh Canal, design
and location to be coordinated with the Public Works Department. The Public Works
Deuartment will work with Namoa-Meridian Irri2atioD District for 8uuroval ofthe 8usmne:
station.
2.7 Due to existing topography, this development will have two separate water pressure zones. The
applicant shall be required to install pressure reducing vaults to ensure the separation between the
two zones is not compromised.
2.8 A portion of this development is serviceable by the existing pressure zone; however the
remainder of the property cannot be served by municipal water until two sources for the new zone
are established. The first source would be from a 150' x ISO' well lot which the developer would
donate to the City of Meridian or a connection to the high zone being established in the
development to the south. The second source would be a booster station which would be installed
at the applicant's expense if a well or connection to the him zone bein2 established in the
develooment to the south is Dot available. The applicant shall coordinate with Len Grady at the
Public Works Department regarding this condition and he may waive the requirement for one of
the two sources if subsequent development warrants it.
2.9 Any potential water or sewer line reimbursement agreements must comply with all requirements
of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes
footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval.
The detailed agreement with the reimbursable amount shall be approved by Council prior to plat
signature.
2.10 The applicant has indicated N ampa and Meridian Irrigation 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.
2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
sOllfCe of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.12 If "stair step" grading of lots is constructed then the side lot lines shall be laid out as to allow for
the sloped portion of the lot to be owned by the lower lot.
2.13 Any retaining walls greater than three-feet in height shall be engineered.
2.14 All existing structures not meeting setbacks or dimensional standards in the UDC shall be
removed prior to signature on the fmal plat by the City Engineer.
2.15 Meridian Public Works specifications do not allow any large landscaping within a five foot mdius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.16 Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.17 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9.1-4 and 9-4.8. Wells may be used for non-
Exhibit B - Page 2
CITY OF MeR.IDIAN PLANNING D8PAATMENT STAFF REPORT FOR THE HEARlNO DATE OF JANUARY 19.2006
domestic purposes such as landscape irrigation.
2.18 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh
Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall
be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district,
or lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can't be obtained, alternate plans
shall be reviewed and approved by the Meridian City Engineer prior to final plat signature.
2.19 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennils.
2.20 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.
2.21 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shan be installed and approved prior to obtaining
certificates of occupancy.
2.22 Applicant shan be required to pay Public Works development plan review, and construction
inspection fees, as detemrlned during the plan review process, prior to signature on the fmal plat
per Resolution 02-374.
2.23 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.24 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.25 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.26 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.27 Compaction test reRultl! shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.28 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.29 One hWldred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections andlor fIre hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
3. Fire Department
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
3.1.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.1.3 Final Approval of the f1fe hydrant locations shall be by the Meridian Fire Department.
Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works specifications.
Fire Hydrants shall be placed on comers when spacing permits.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Fire hydrants shall be place 18" above finish grade.
Fire hydrants shall be provided to meet the requirements of the !FC Section 509.5.
Show all proposed or existing hydrants for all new construction or additions to existing buildings
within 1,000 feet of the project.
3.1.4 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved twn around.
3.1.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.1.6 All conunon 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.
3.1.7 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section Dl03.6 Signs. No parking will be allowed in cul-de-sac
lots.
3.1.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.1.9 Fire lanes and streets shall have a vertical clearance of 13'6". Ibis include!'; mature landscaping.
3 .1.1 0 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 .1.11 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project, which serves more than 50 homes. The two entrances should be
separated by no less than Y2 the diagonal measurement of the full development. The applicant
shall provide a stub street/emergency access to north, in general alignment with Swan Creek
Avenue.
3.1.12 Building setbacks shall be per the International Building Code for one and two story construction.
3.1.13 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension, The roadway shall be
able to accommodate an imposed load of 75,000 GVW.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
3.1.14 Commercial and office occupancies will require a fire-flow consistent with the hltemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.1.15 The proposed subdivision with an estimated 2.9 residents per household would have a total
estimated population of 1,589 residents at build out.
3.1.16 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer,
3,1.17 All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
3.1.18 All portions of the buildings located on this proj eet must be within 150' of a paved surface as
measured around the perimeter of the building.
3.1.19 There shall be a fire hydrant within 100' of all Fire Department connections.
4 Police Department
4.1 To increase emergency access to the site, the applicant shall provide a street to Victory Road
from the property access by Sierra Meadows Drive. Prior to the next public hearing, the applicant
shall submit a revised plat/site plan to reflect this requirement.
4.2 Lots 9 and 19, Block 20 and Lot 10, Block 17, create a residence that will be isolated from their
sWTounding neighbors. Such areas have an increased crime potential. The applicant shall work
with the Police Chief and/or Planning Staff so the plat/site plan such that the houses/dwelling
units in the general area are oriented toward one another and encourage interaction between more
neighbors. The plat/site plan shall be revised in accord with those discussions. Applicant has met
with Lt. Stowe and al!reed to adjust Lot 19. Block 20. Annlicant is reauesting: not to make
anv ehanRes to Lot 9. Block 20 and Lot 10. Block 17.
4.3 Any interior fencing next to common open space shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
4.4 Adequate lighting should be provided along all pathways.
4.5 A school site bordering Victory Road creates a safety concern.
s. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARV 19,2006
5.3 Pathway and Trail standards: The applicant should be required to construct a lO-foot wide multi-
use pathway through this site to/from Meridian Road. The required pathway and/or trail shall be
constructed in accordance with the Meridian Park Department's requirements.
5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
6. Sanitary Service Company
6,1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they
intersect a public street.
7. Ada County Highway District
Site Specific Conditions of Approval
1. The City of Meridian, the applicant and ITD should work together to determine if additional
right.of.way or improvements are necessary on Meridian Road (SH 69),
2. Dedicate a total of 48-feet (or 38-fcet with the sidewalk in an easement) of right-of-way from the
centerline of Victory Road abutting the parcel by means of a warranty deed. The right -of-way
purchase and sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to issuance of a
building pennit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of-way dedication after receipt of all requested material. The owner will be
paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD
right-of-way,
3. Constnlct a S.foot detached concrete sidewalk abutting the site on Victory Road located a
minimum of 41-feet from the centerline of the roadway. If any portion of the sidewalk is located
outside the public right-of-way, the applicant shall provide the District with an easement.
4, TIle District rcconnncnds that the applicant construct a 5-foot concrete sidewalk across the two
out-parcels along Victory Road on either side of the proposed school site. This sidewalk should
either be constructed within the existing right-of-way or within an easement provided by the
property owners.
5. Construct an eastbound right turn lane and a westbound left turn lane on Victory Road into the
site at the intersection with Standing Timber Way. Dedicate the additional right-of-way
necessary for the turn lanes without compensation. The widening of Victory Road for the
auxiliary turn lanes may necessitate the widening of the bridge west of the proposed entrance
road. If the bridge widening is necessary to construct the pavement tapers required for the turn
lanes the applicant shall be required to design and construct the bridge widening at that time.
6. Constnlct the entrance road, Standing Timber Way (intersecting Victory) as a residential collector
with vertical curb, gutter, and S-foot concrete sidewalk, from its intersection with Victory to its
crossing of the Ridenbaugh Canal. The street should be constructed as a boulevard style with a
27-foot wide islands and 2 I-foot street sections on each side of the island. The center islands
shall be owned and maintained by the homeowner's association. If any portion of the sidewalk is
located outside of the public right-of-way, the applicant will be required to provide an easement.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
The applicant shall re.design the center island (to be no wider than 12-feet) at the intersection of
Standing Timber & Victory to allow for simultaneous left and right turns (eastbound and
westbound) on Standing Timber Way.
7. Harris Street. entrance street intersecting Meridian Road, will be required to be constructed as a
standard residential collector with a 36-foot street section (vertical curb, gutter, and 5~foot
concrete sidewalks) from its intersection with Meridian Road to its intersection with the stub
street being extended from Reflection Ridge
8. Provide a road trust deposit with the District for one-half of the cost for the design and
construction of the signal for the intersection of Harris Street and Meridian Road (SH 69). When
the property on the west side of Meridian Road develops. the road trust deposit funds can be
utilized to construct the signal at that time OR at the time when lID approves a signal in that
location. Design Harris Street to accommodate a future signal at the intersection with Meridian
Road.
9. District staffreconunends that the private lane, Rumpel Lane, be closed and/or incorporated into
the new public street, Harris Street, and that all access be taken to the new public street. The City
of Meridian and ITD should coordinate on the future closure of this roadway to ensure that only
one street intersects Meridian Road at the half-mile.
10. Construct the internal local streets as 33-foot street sections with rolled curb, gutter, 4-foot
detached concrete sidewalks within 50-feet ofright-of~way. Receive written approval from the
Meridian Fire Department for the reduced street section OR construct the streets as standard 36-
foot street sections,
II. Construct two 20-foot wide alleys in Block 21 & 22, as proposed. The alleys shall comply with
the following policies:
. Minimum right~of~way width is to be 16-feet.
. Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking
shall be designed so the minimum clear distance from the back of the parking stall to the
opposite side of the alley is 22-feet for perpendicular parking.
. An access to an alley shall be located a minimum of 25.fcet from the nearest public street.
. A lllll11Il1Wll of back- of-curb radilU of 15~feet is required at all alley intersections.
12. Extend a stub street from the east and from the south from within Tuscany Village Subdivision.
13. Extend a stub street from the east and from the south from within Reflection Ridge Subdivision.
as identified on the revised site plan.
14. Construct a new stub street to the south and one to the east to the undeveloped parcel. Install a
sign at the tenninus of the roadways stating, "TIllS ROAD WILL BE EXTENDED IN THE
FUTURE." If the stub streets are greater than ISO. feet in length, provide a temporary turnaround
at the tenninus of the roadways.
15. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Standing Timber Way) for
review and approval prior to the pre-construction meeting and plat approval.
16. Other than the access specifically approved with this application, direct lot access to Victory
Road is prohibited and shall be noted on the final plat.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
17. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing inigation facilities shall be relocated outside ofthe right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right~of.way .
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District, Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building pemrit
(or other required permits), which incorpomtes any required design changes.
9. Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable rond impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800~342-158S) 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 dwing
any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HBARlNG DATE OF JANUARY 19,2006
advises the Highway District of its intent to change the planned use of the subj ect 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 Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
9. Idaho Transportation Department (see Letter dated March 27,2006)
9.1 Provide a stub to the parcel (shown as "RA.P.") which is located off of S. Meridian Road.
9,2 Provide noise abatement for Residential Development.
9,3 A permit will be required for any pedestrian walkways within IID right.of-way.
NOTE: City Staff has discussed !TD's comments relZardina this nroiect and they are alp'eeable to
proceed with the oroiect. with the nrovisions mentioned herein.
10. Nampa & Meridian Irrigation District
10.1 Applicant shall apply for a land use change application prior to final platting.
10.2 All laterals and waste ways must be protected.
10.3 The District's Ridenbaugh Canal and Kennedy Lateral course through this proposed project.
These easements must be protected and any encroachment without a signed License Agreement
and approved plan, before any construction is started, is unacceptable.
10.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District must review drainage plans.
10.5 The Developer must comply with Idaho Code 31-3805.
10.6 NMID recommends that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
C. Uodated Legal Description
DESCRF110N FOfI, ANNEXAtiON, TO CI1Y OF MERIDIAN
"PROPOHD TANANA VAUBY SUBDIVISION
zoNe R.a
Msy31, ?006
A PARCEL Of lAND ~NG FORllONS OF THE'N6RTHwesT 114 AND THE NORTHWEST
114 OF 1'HE NORTHEAST 114 OF SECTIoN 30, TOWNSHIP 3 NOR1H. RANGe 1 EAST,
BOISE MERlI;)IAN, IDA COUN1Y,lDAHO. MORE PARTICULARLY DESCRIBED N:. '
FOU.pWS:
CC1MM6Nql~ATTHENORTHWesrCORNER, OF'SEC1loN ~T. aN., R.1 E., ..fVI."AOA
OQUt:m'.,IOAHO, lliE REAL POIn' QI'I"II!GINNING OF ntlS DI!BCRIPTION;
TlENCE Al.Q'ofG THE NORTH UI'E OF'ntE NW 114 or: SAID SECTION 30
N "42'~ E 1514.25 FeEt TO A POINT:
llENCE l.EA\!INGSAJQNORTH UNE S 00'17'15' E 707,80 FEET TO A FtOINTON A CUlM::;
11:lENCE ALONG A CURVE 10 THE RIGHT 126.91 FEET, $AID ~RVE IiAVlNG,A ~lUS
OF 11I2;.60 FeET, A OEN1lW.ANalE OF 10-39'W.TANGE/'lTSOFBs.84 FEET, AND A
CHORD'WHICH IEAR8 N82"23',,' E 126.72 FEET TO A POINT OF TANGENCY;
lHEHCE N 57'43'28' E 8O.ao FEeT TO A POINT Of tUFwA'llJREj
TtiENCE AlONG A CURVE TO TfIEUiFT321.47fEfT"SAIDCORVe HAYING A RADIOS OF
81'1.50 ,FEI;T, A CENTRAL ANGLE OF 58W43;, TANGEJtlT8 OF 11U4,FeET, AND A
QiORD WHICH BEARS N 2e"43vr' Eaor.91 FI;ET T9 ~ POINT DF TANGENCY;
TlENCE N 00"11'16' W 335.00 FeET TO A POINT ON THE NORTH UNE OF $AID NW 11-4:
THENce N W42'46" E 1MoOG FEET TO A POlH!'j
tHENCE s 00'1 1'16" E 733.00 FEET TO A POItfT;
TtENCE N"42'46-o E 61112 FEET 10 A POtN"t,
THENCE N 00-17'15" W 441.88 FEET TO A POINT;
THENCE N 74"'28'S7'" E 118.78 FEEfTO A POUoIT;
THENCE N 61'1.'llO" E 30..' FeET TO A FiOWT;
~N'48'62'34'E97..?; FEET TO A PoINTl
THENCe N 1cnR1" Ii! Ua.:ia FEET TO A POINT ON 1liE SAID NORTH UNE OF THE NW
1'-4 OF THE NE 114: '
lliEHCE,AlONG SAID *,RTH UNE N iQ"G'32'.e 600,85 'FEET TO A PofNr:
THeNCE S 0'1"48-<<1" e 490.11 FeET TO A-PQINT:
THENcE N 89"42'32".E 21.4.00 F!ET TP,,~,P()tlfT;
THeNce 5'00"03'33" W 30-110 FEET TOA POI,N,T;'
S0823'Anllex- 3 -R-8 ;doc
Exhibit C - Page I
CITY Of MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARINQ DATE OF JANUARY 19,2006
Exhibit C - Page 2
THENCE 'CONTINUING N 850$9'21- E 89.71 FBBr TO A POINT;
1HENCE CQNTlNUINO N SMS'19"E 430.98 FEET TO A POINt:
THENCE: LEAVING SAID SOUTHBRLY RiGHT OF WAY NQO'17'lS' W 32.0(1.
FBBTlP 1:HB REAL PO~ 0.... BEGINNING OF ~ I:?ESCRIPiION.' "
SAID PARCEL CONI'AINS 177.90 ACRBS, MOM OR LBSS. AND lNCLUPES
SOMBPRP.SCRlPTIVBlIGlffoPWAY ALO}lfGE. ~Y'KOAD.
WAYNE Ie. BARBER
"~ .~P~~ft..'-/ '
I!Y d'
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,.,..!lIDI,II.~ ~~f'
'1l01'.1l
51Jll:~J.Sl.!.!:l.DI;SC;d':K
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
DESCRIPTION fOR ANNEXATION TO CITY OF MERIDIAN
, PROPOSED LOOKQUT RIDGE SUBDM8lOtI '
ZONE CoN
F~U!JfY Ii, ,2006
A PARCEL qF lAND ~ A. ~TION OF THE NORTHWE$T 1/4 OF SECTK)N,30.
TOWNSHIP,3 NOImI, RANGE 1 EAST.ItOISE MERIDIAN, ADA COUNTY, IDAHO, MoRE
PARTICULARLY DESCRlBEO AS FOLLONS: '
.COMMeHCINGAT T1iE NORnMIEST CORNER OF SECnON ao, T. 3N., R.1 E., B.M.;ADA.
COUIfJY, IDAHO; THeNCe ALONG THE NORTH UHE OF THE tfN 114 OF ~D SECTIbN 30
N 6.42'45" E 1594.25 FEET TO THE REAL POINT Of BEGIlIIiIHO OF THIS QE,SCRIPTIQN:'
THENCE CONTlNUING H ."42'46" E 292.50 FEET TO ^ POINT;
THENCE S 00"17'15' E m.DO FEET TO A POINT OF CURVATURE;
1HENCE AlONG A CURVE TO 'THE RlGHi", 321,47 FEET, SAID CURVE HAVING A RADIUS
OF 817,50 FEET, A~ANGLeOF WOO'4$", TANGENTS OF 176,fi4 FEET, AND A
CHORD WHICH ~s s Vl'4rrr w 307,91 FEEr TO A POINT 01" TANGeNCY;
TliENcE nrG'28" W 5D,QO FEET TO A POINT OF CURvATURE;
lliENCE ALONG ^ CuRVE TO THE LEFT ,126,91 FEET, SAID CURVE HAVING A R.AoIUS OF
8&50 FEET, A CENTRAL ANGLE OF 10.39'14', TANGENTS OF SU4 FEET, AND A CHORD
WHICH BSAAs S 62"23'51' W 128.12 FEET TO A POINT;' '
THENCE N 00.'7'15" W 707.60 FEET TO THE REAL POINT OF BEGINNING OF THIS
Dl!SCRIPTlON,
~D PARCa CONTAINS 3.84 AcRes. MORE OR Wis_
WAYNe: It SAA8ER
B~EVP ~'c, i-.
'~AY 25 2006
~ERI0l4N POlWC:
WORICS DEPT.
"':lft:,\.rl\f'\!W.....' ..'l.~.un:.
Exhibit C - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF JANUAR.Y 19,2006
DESCRlP1lQN FOR ANNEXATION TO CITV OF MERlDJAH
PROPOSED TAMANA VALLEY SUBDMSlON
ZONE TN-A.'
May 3,2006,
A 'PARCBL OF LAND BEING PORTIONS 'ciF TIm NORTHBAST i/4'OF 11:tE,
NORTHWEST 1/4 AND nIB NORTl-IWI3ST 114 Of THE NOR'J'HEA$T 1/4 OF
SSCIlON 30, TOWNSHIP 3 NORm. MNGB 1 ,EAST.:BOISE MERIDIAN, ADA
COUNTY, IDAHO, MORE PARTICULARLY DESCRlBED AS FOLlPWS:
COMMENCING AT mE Nd1lniWEsT CORNER. Of SBCTJQN 30, T. iN., R.. 1 E.,
8.M.. ADA COUNtY, IDAHO; l'1iEN(:B ALONG THE NORTH LINE OF 11I?
NW 114 OF SAID SHCnON 30 ~ i9042'4-S" E 2OS1.75 FBBT TO TIm'REAL POINT
OFBEOlNNINGOF THIS DBSCRlPTION:
THENCE CONTINUING ALONG THE NORTH LINE OF 'J'HB NW '1i4 OF SAID
SECI10N 30 N8~42'4f' 8398.97 FEEt TO THE NORniBAsr CORNER OF ~
NW 114 OF ~ SEcnoN 30; , "
THENCE ALONG THE NORTH IJNE OF TH.1l NW 1/4 OF TIlE NE 114 OF SAID
SECTION 30 N 89"42'32" E 220.13 FEBr ' , , , "''-
lHB'NCE CONTINUING S 00"17'21" E 28S.02 FEET TO A POINT;
lHENCE S 00"17'15" E 447.99 FEEl'To. A PoJr.rr:
lHENCE S 89"42'45" W 619. 12,FBET TO A POINT;
mENCE!'IT 00"1 TIS" W 733-.00,FEET TO THE REAL POINT OF Bf.GINNINO Of
rius,DBSCRlPTION. SADlPARCELCOlll"'IAlNS IO.42ACRBS, MORE OR LEsS.-
l'tS S444
~ APPAb~
c' "-,,
MAY 2 5 2006
MERIDIAN I'UBLIC
WORd DEI'T,
S0823.ANNEx~1. TN~R.d()C
E,mibit C - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF JANUARY 19,2006
fllhibit C - Page 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
D. Required Findings from Unified Development Code
1, Annexation Findings:
Upon recommendation from the Commission, the Council sball make a full investigation
and shall, at tbe public hearing, review tbe application. In order to grant an annexation
and/or rezone, tbe Council sball make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone the subject property to R.8, TN-R and CoN. Council
finds that the proposed zoning map amendment complies with the applicable provisions
of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8,
of the Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-8, TN-R and C-N zones, if the applicant
enters into a development agreement with the city and develops the property in
accordance with the Staff Report.
3. The map amendment shall Dot be materially detrimental to the public health, safety,
and welfare;
COWlcil finds that the proposed zoning a~endment will not be detrimental to the public
health, safety, or welfare, The Conunission and Council should rely on any oral or
written testimony that may be provided when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
Council fmds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
5. The annexation is in the best ofinterest ofthe City (UDC 1l-SB-3.E).
The proposed zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. Council finds that all essential services are available or
will be provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. Ibis is a logical expansion
of the City limits. In accordance with the findings listed above, Council finds that
Annexation and Zoom!! oftms oropertv to R-8. TN-R and C-N would be in the best
interest of the Citv. if the aoolicant enters into a Develonment Agreement (DA) with the
City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following f"mdings:
Exhibit D - Page 1
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council generally supports the proposed plat layout as it generally
complies with the provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 8, and Analysis, Section 10 ofthe Staff Report,
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council fmds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. Tbe plat is in conformance witb scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
The Commission and Council should rely upon comments from the public service
providers (I.e., police, fire, ACHD, etc.).to determine this finding. (See finding Items 3
and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for
more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD and ITD consider 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 envirownental problems.
6. The development preserves significant natural, licenic or historic features.
The Ridenbaugh Canal bisects this property. Council finds that the Ridenbaugh is a
waterway that should be preserved through the development of this site, Council is
unaware of any other natural, scenic or historic features on tbis site. Therefore, if the
Ridenbaugh Canal is preserved, Council finds that the proposed development will not
result in the destruction, loss or damage of any natural, scenic or bistotic feature(s) of
major importance. The COnmllssion and Council should reference any public testimony
that may be presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance.
Exhibit D - Page 2