Cope Subdivision AZ 06-037
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 42
BOISE IDAHO 01/12/07 09:24 AM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED - REQUEST OF 113713135525
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Ronald W. Van Auker, Owner/Developer
THIS D~OPMENT AGREEMENT (this "Agreement"), is made and entered
into this 2t'I,{dayof .~p...r/Z, 2006, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called "CITY", and Ronald W. Van Auker, whose
address is 3084 E. Lanark, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as the
Property; and
1.2 WHEREAS, I.c. ~ 67 -6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the 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, Owner/Developer has submitted an application for
annexation and zoning of the Property's described in Exhibit A, and has
requested a designation of (C-G) General Commercial District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 1 OF 10
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 3rd day of October, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and Order,
set forth in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
development agreement before the City Council takes final action on
ann~xation and zoning designation; and
1.9 OWNERlDEVELOPER deems 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 Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with
the terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the proceedings
for zoning designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 2 OF 10
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 A venue, Meridian,
Idaho 83642.
3.2 OWNERlDEVELOPER: means and refers to Ronald W. Van Auker,
whose address is 3084 E. Lanark, Meridian, Idaho 83642, the party
developing said Property and shall include any subsequent developer(s)
or owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be annexed and zoned C-G (General
Commercial District) attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Unified Development Code codified as Meridian City Code
Section 11-2B-l, which are herein specified as follows:
Construction and development offour commercial building lots on 4.31
acres in the proposed C.G zone pertinent to this AZ 06-037 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
2. All future development of the subject property shall be constructed in
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 3 OF 10
accordance with City of Meridian ordinances in effect at the time of
the development.
3. The applicant will be responsible for all costs associated with the
sewer and water service extension.
4. 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. Prior to issuance of nay building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
6. All proposed off-site road improvements to S. Country Terrace Place
and associated landscape buffer proposed on the site/landscape plans
dated June, 2006 shall be constructed prior to any certificate of
occupancy.
7. Development of the property shall comply substantially with the
conceptual elevations to be provided by the applicant at the Planning
and Zoning hearing and prior to the approval of the preliminary plat b
by the Commission. Provide staff with elevations ten (10) days prior
to City Council meeting.
8. Per UDC 11-3A-19, all structures within the development shall be
subject to administrative design review and a Design Review
application shall be submitted concurrently with the applications for
Certificate of Zoning Compliance.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
default of the Owner/Developer or Owner/Developer' s 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.
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 4 OF 10
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNA TION:
Owner/Developer consents upon default to the reversal of the zoning designation
of the Property subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances of the City that
apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection with
the Property, this Agreement may be modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of anyone or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 5 OF 10
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 Owner/Developer. or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party shall commence
to cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code, to insure that installation of the improvements, which the Owner/Developer
agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 6 OF 10
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
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:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Ronald W. Van Auker
3084 E. Lanark
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
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
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 7 OF 10
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 Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer have fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning 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.
DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OVVNEIVDEVELOPER
RONALD V AUKER
CITY OF MERIDIAN
BY:--~
MAYOR Y de WEERD
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DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDIVISION
PAGE 9 OF 10
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~#lh day of fr~~ , 2006, before me, the
undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van
Auker, 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.
~
N t Public for Idaho
R siding at: .AI~tt-
My Commission ExpIres: 7-.;2/ --dOlO
STATEOFIDAHO )
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County of Ada )
On this 9'th day of --=:JliUU.ll..r\....A , 200bJ before me, a Notary
Public, personally appeared Tammy de W~erg, 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~' .' (AZ 06-037) COPE SUBDIVISION
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PAGE 10 OF 10
~
Legal Description
~IQibo~n ... waite consulting. tic
engineers & surveyors
120 N. Curtis Road
Boise, Id. 83706
(208) 376-8555
Fax (208) 429-9862
P.N.2274
JUNE 13. 2006
ANNEXATION DESCRIPTION FOR
COPE PROPERlY BOUNDARY
A PAR.CHL OF LAND BHING A PORTION OF mE SOUTHWEST QUARTER OF
nIB SOU1HWEST QUARTER (GOVERNMENT LOT 4) OF SECTION] 8.
TOWNSHIP 3 NORm. RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO, AND MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENcrno AT 1HE S01.mfWEST CORNER OF SAID SECTION 18, THBNCE
NORm 890 43']2" EAST ALONG TIm SOUlH BOUNDARY OF SAID SECTION
18 FOR A DISTANCE OF 174.30 FEET, TO TIm REAL POINT OF BEGINNING;
THENCE NORTII 89" 43"32" BAST ALONG SAID SOUI'H BOUNDARY FOR A
DIS! ANCE OF 457.98 FEET;
1lreNCE NORTII 0016"21" WEST FORA DISTANCE OF 45.00 FEET;
1liENCE. NORm 39"3S'14'"EAST (FORMERLY SHOWN OF RECORD AS NORlH
39"33 '22" EAST) FOR A DISTANCE OF 15.96 FEET;
-
THENCE NORm 0045'10" EAST (FORMHRL Y SHOWN OF RECORD AS NORm
0"13" WBST)FOR A DISTANCE OP 368.65 FEET;
THRNCE soum g9~8'41" WEST (FORMERLY SHOWN Of RECORD AS SOUTH
88042' WEST) FOR A DISTANCE OF 569.41 FEET;
THENCE SOUTH 52004'56" EAST (FORMERLY SHOWN OF RECORD AS SOUTH
53"07' EAST) FOR A DISTANCE OF 29.41 FEET;
'IlIENCE soum 25042'56"' EASt (FORMERLY SHOWN OF RECORD AS soum
26045' EAST) FOR A DISTANCE OF 60.00 FEET;
THENCE SOUTH 9"02'04" EAST (FORMERLY saoWN OF RECORD AS soum
10004' EAST) FOR A DIST ANtE OF 300.02 FEET, TO THE NORm RIGHT OF
WAY LINE OF OVERLAND ROAD,
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ANNEX.doc-2
THENCB soum OOOI6':lS" EAST FOR A DISTANCE OF 54.50 FEET TO l1tE
It.BAL POINT OF BEGINNING;'
CONTAINING 4.85 ACRES OF LAND, MORE OR LESS.
PREPARED BY:
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CITY OF MERIDIAN
FlNDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 4.85 acres from R.l to C.G (General Retail and
Service Commercial District) AND Preliminary Plat approval for 4 commercial building
lots on 4.31 acres in a proposed C.G zone, by Ronald Van Auker, representing Van Auker
Properties, for Cope Subdivision
Case No(s). AZ.06w037 and PP.0~035
For the City Council Hearing Date of: September 19, 2006 (findings on October 3, 2006
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 19, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 19, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 19, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the hnpact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-037 and PP-06-035
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public 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 September
19, 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 S 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated June, 2006 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of September 19,2006 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years ofthe approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved 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
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-037 and PP-06-035
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Pinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67.8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take 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 September 19,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-037 and PP-06-035
By action of the City Council at its regular meeting held on the
tJ't:.{-d /:).C't-- ,2006.
:2 rt(
i:) - day of
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED ~
VOTED r
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED --
MA YO~ ~/;wEERD
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ATTEST: /""(j~~() """\
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WILLIAMG.BERG:m.~~TY(;LE~ ~ ~r ow1'....D f
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Copy served upon: V _ Applicant 11'''ffllll\\I\\
-r Planning Department
----r Public Works Department
../ City Attorney
By: .1. "~,, ~~ oW Dated: ID..lQ-OLr
~!~ce
CITY OF MERJDIANFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06.037 WId PP-06-035
CITY OF MERIDIAN PLANNING DEPAR.TMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19.2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 9/19/2006
Mayor & City Council
Jermy Veatch, Associate City Planner
Cope Subdivision
. AZ-06.037
Annexation and Zoning of 4.85 acres from R-l to C~G zone
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· PP-06-035
Preliminary Plat of 4 commercial building lots on 4.31 acres in a proposed C-
G zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ronald Van Auker, representing Van Auker Properties, has applied for
Annexation and Zoning of 4.85 acres from R~l (Ada County) to CoG (General Retail and Service
Commercial) and Preliminary Plat approval of 4 commercial building lots on 4.31 acres. The site
is located on the northeast comer of S. Meridian Road and E. Overland Road.
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 Cooe Subdivision (AZ-06-037 and PP-06-035) with the
conditions listed in Exhibit B of the Staff Report. The Meridian Plannine: and Zoning
Commission heard these items on AUllUst 17. 2006. At the public hearing thev moved to
recommend aoproval. On September 19. 2006 the Meridian City Council voted to approve
tbe subiect applications with a reauirement in the Development Aueement to extend the
entrvwav corridor desien standards to aD lots on the prODertv.
a. Summary of Commission Public Hearing:
i. In favor: Ron Van Auker
ii. In opposition: None
iii. Conunenting: None
iv. Staff presenting application: Jenny Veatch
v. Other staff conunenting on application: Caleb Hood
b. Key Issues of Discussion by Commission:
1. Importance of conceptual design/elevation for site located near gateway road into
Meridian;
ii. Discouragement of buildings that look like boxes or blank: slates facing the street;
c. Key Commission Changes to Staff Recommendation:
i. Delete second to last bullet of Development Agreement that stated:
A 25..Joot wide commercial drive aisle. sewer, and water shall be stubbed to the
property located at 130 E. Overland Road.
ii. Add to Development Agreement: Provide Staffwith elevations ten (10) days
prior to City Council meeting.
iii. Move preliminary plat condition 1.2.6, related to the Design Review requirement,
to the Development Agreement provisions and add that Lot 4 is also subject to
Design Review.
Cope Subdivision AZ-06-037. PP-06.035
PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
d. Outstanding lssue(s) for City Council:
i. Whether or not the Council wants to incorporate the proposed elevations and/or
site plan into a Development Agreement provision. Or if there are certain aspects
of the buildings that the Council believes should be consistent throughout the
development of this property, which should be included in the DA.
3. PROPOSED MOTIONS (to be considered after the public hearing)
Recommend Approval
After considering all staff, applicant and public testimony, I move to approve File Nwnbers AZ-
06-037 and PP-06.035 as presented in staff report for the hearing date of September 19, 2006
with the following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers AZ-06-037 and PP-06.035 to the hearing date of (insert
continued hearing date here) for the following reason( s) : (You should state specific reason( s) for
continuance. )
Recommend Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-
037 and PP-06-035 as presented during the hearing on September 19, 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.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
130 E. Overland Road, northeast comer of S. Meridian Road and E. Overland Road,
Section 18, T3NR1E
b. Owners:
Ron Van Auker
3084 E. Lanark Street
Meridian, Idaho 83642
c. Applicant;
Van Auker Properties
3084 E. Lanark Street
Meridian, Idaho 83642
d. Representative: Matt Munger, Munger Engineering, Inc.
e. Present Zoning: R.1
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request;
1. Date of Preliminary Plat (attached as Exhibit AI): June, 2006
2. Date of Landscape Plan (attached as Exhibit A2): June 15, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
Cope Subdivision AZ-06-037. PP-06-035
PAGE 2
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF SEPTEMBER J 9,2006
By reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City
Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason of the provisions ofUDC 1I-6B-2, a public hearing is required before
the City Council on this matter.
c. Newspaper notifications published on: July 3151 and August 1411>, 2006 (for P & Z
Commission hearing) and August 28th and September 11th, 2006 (for City Council hearing)
d. Radius notices mailed to properties within 300 feet on: July 2151, 2006 (for P & Z Commission
hearing) and August 25th, 2006 (for City Council hearing)
e. Applicant posted notice on site by: August 71h, 2006 (for P & Z Commission hearing) and
September 7th, 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): Vacant land
b. Description of Character of Surrounding Area: The property sits on the northeast comer of S.
Meridian Road and E. Overland Road, which are both major roadways in the area and carry
large amounts of vehicular traffic. The property is sWTounded. primarily by other commercial
properties to the north, south. east and west.
c. Adjacent Land Use and Zoning
1. North: Travelers Comer Subdivision, zoned C.G.
2. East: Agricultural land, zoned C-G.
3. South: Southern Springs Subdivision, zoned L.Q and Country Terrace Subdivision,
zoned R-6 (Ada County).
4. West: Agricultural land, zoned C.G.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There is a sewer trunk on the west side of the Ten Mile
Drain.
Location of water: There is a water main stubbed to this property from the water
main in E. Overland Road, and there is also a main in S. County Terrace Place.
Issues or concerns: There is a portion of this site in the AE flood plain.
2. Vegetation: None.
3. Flood plain: 500 year floodplain.
4. Canals/Ditches Irrigation: The Ten Mile Drain traverses the western bowulary of the
site.
5. Hazards: There is a floodway traversing the site and a 500 year floodplain.
6. Proposed Zoning: C-G
7. Size of Property: 4.8Sacres
f. Subdivision Plat Infonnation
Cope Subdivision AZ.06.037, PP-06.035
PAGE 3
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF SEPTEMBER 19,2006
1. Residential Lots: 0
2. Non-residential Lots: 4
3. Total Building Lots: 4
4. Common Lots: 0
S. Other Lots: N/A
6. Total Lots: 4
7. Open Lots: 0
g. Landscaping
1. Width of street buffer(s): 25 feet on E. Overland Road, 10 feet on S. Country Terrace
Place.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0%
4. Other landscaping standards: landscape islands and associated vegetation as required
by UDC 11-3B-8C2
h. Proposed and Required Non-Residential Setbacks: per the C-G zone
C.G Standard
Front o feet
Side o feet
Rear o feet
Max. Building Height 6S feet
Min. Lot Size None
Min. Street Frontage None
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from S. Country Terrace Place to the east. The applicant is proposing
to construct one half of a 40-foot street section with 54-feet right-of-way. Improvements exist to
the cul-de.sac abutting the site along the northern boundary. The applicant will need to make the
remaining improvements to match those already in existence. The subject property does have
frontage along E. Overland Road but is not proposing direct access to that road. Access shall be
restricted to right-in and right.out only. Please see ACHD Connnents included for further
analysis.
7. COMMENTS MEETING
On July28, 2006 Planning Staff held an agency comments meeting. The agencies and departments present
included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian
Public Works Department, and the Sanitary Services Company. Staff has included all comments and
recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
lbis property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Commercial areas are anticipated to contain a full range of commercial and retail services (see Page 99 of
the Comprehensive Plan.)
Cope Subdivision AZ.o6.037, PP-06-035
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
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 VII, Goal ill, Objective A, Action I - 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 the following manner;
· Sanitary sewer and water service will be extended to the project at the developer's expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
· 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 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The applicant proposes to construct one half of a 41-foot street section within 54-feet of right-or way
which aligns with the public stub streetfrom Country Terrace Subdivision to the south.
. Chapter VII, Goal IV, Objective D, Action 2 . Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one driveway to take access on E. Overland Road. which will be
restricted by ACHD. Staff is in support of ACHD 's recommendation.
· "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal 1, Objective B)
The proposed use does contribute to the variety of commercial uses in this area, as envisioned with
the Comprehensive Plan Amendment.
Staff believes that the proposed zoning for this property is appropriate. 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.
Cope Subdivision AZ-06.037, PP-06-035
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNQ DATE OF SEPTEMBER 19, 2006
9. ZONING ORDlNANCE
a. Zoning Schedule of Use Control: UDC 11.2B-2 allows large scale and a broad mix of retail,
office, service and light industrial uses as Permitted. Uses in the C-G zone.
b. Purpose Statement of Zone: Purpose Statement of Zone: The ptupose of the Commercial
Districts is to provide for the retail and service needs of the community in accord with the
Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale
of commercial structures accommodated in the district, the scale and mix of allowed
commercial uses, and the location of the district in proximity to streets and highways. C-G
General Retail and Service Commercial District: The pwpose ofthe C-G district is to provide
for commercial uses which are customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed commercial uses which are auto
and service oriented and are located in close proximity to major highway or arterial streets; to
fulfill the need of travel-related services as well as retail sales for the transient and permanent
motoring public. All such districts shall be connected to the municipal water and sewer
systems of the city, and shall not constitute strip commercial development and encourage
clustering of commercial development.
10. ANALYSIS
a. Analysis ofFaets Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed commercial development. Please see Exhibit
D for detailed analysis offaets and fIndings.
The annexation legal description submitted with the application (prepared on June 15, 2006 by
Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
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 annexation ordinance adoption), and
the developer. The applicant shall contact the Citv Attornev. Bill Nary. at 888-4433 to initiate this
process within 1 g mamAS 90 davs of City Council aoproval of the annexation request. The DA
shall incorporate the following:
· 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.
· All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
· The applicant will be responsible for all costs associated with the sewer and water service
extension.
· Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance 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.
· Prior to issuance of any building pennit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
· All proposed off.site road improvements to S. Country Terrace Place and associated
landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed
Cope Subdivision AZ-06-037, PP-06-035
PAGE 6
,.-"
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
prior to any certificate of occupancy.
· A 2S feet '.viae eemmefeiel Eirive aisle, seWllr, aBa ".vater shaY ell stl.itieea to thB JlfSJlefly
1aeatea at 139 E. Or:9f\l&nEI. Read.
· Development of the property shall comply substantially with the conceptual elevations to be
provided by the applicant at the Planning and Zoning hearing and prior to approval of the
preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City
Council meeting.
· Per UDC 11-3A-19. the aU struttures within the develolJment along E. O'lBrlaaa R1:laa Mia
that fase Merieliaa ReBel (Lets 2 1) shall be subiect to administrative desim review and a
DesieD Review aoolication shall submitted concurrently with the aDDlications for
Certificate of Zonin!! Comoliance.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed commercial development.
Please see Exhibit D for detailed analysis of facts and fmdings.
1. Access to a Princioal Arterial roadwav (E. Overland Road): The submitted preliminary
plat dated June, 2006 shows access to E. Overland Road. Access shall be restricted to
right-in and right--out only. Direct lot access to East Overland Road shall be prohibited
and should be noted on tbe final plat.
2. Parking Lot Landscaping: Landscape plans shall be submitted with the Certificate of
Zoning Compliance applications for the development which comply with City Code.
Specifically, the submitted conceptual site plan does not provide landscape islands and
associated vegetation as required by UDC 11-3B-8C2.
3. Design Review: Per UDC 11-3A-l9, the structures within the development along E.
Overland Road shall be subject to administrative design review and a Design Review
application shall submitted concurrently with the application for Certificate of Zoning
Compliance. The applieaet has set saemittlla aa)' eeae~tl.tal elevatieBB Elr 19laas at this
time:- Although such concepts are not required by the UDC, staff anticipates that the City
Council will want to see them prior to their hearing.
4. Stub Streets: Staff is supportive of the connection to the stub street from the south from
Country Terrace Subdivision. The applicant will be responsible for constructing
remaining improvements to S. Country Terrace Place that match the existing
improvements on north, abutting cul-de.sac.
5. The applicant shall modify the plat to include a cross access/parking easement for all lots
within the subdivision.
6. Pressure hrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any
existing surface or well water for the primary source. If a swface 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 conunon areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-15
andMCC 9-1-28.
Cope Subdivigion AZ-06-037, PP-06-035
PAGE 7
CITY Of MERIDIAN PLANNING DEPARlMENT STAFF REPORT fOR mE HEARING DATE OF SEPlEMBER 19.2006
7. FloodwavlfloodDlain: The Ten Mile Drain traverses the western boundary of the site.
The applicant shall provide base flood elevation and floodway data from a professional
engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall
provide Base Flood Certification prior to obtaining building permits.
b. Staff Reconunendation: Staff reconunends aDProva1 of the subiect applications AZ-06-026
and PP-06-025 with the conditions listed in Exhibit B of the Staff Report for the hearine: date
of SePtember 19, 2006. The Meridian Planninl!: and Zoninl!: Commission heard these items on
Au~st 17,2006. At the public hearin~ thev moved to reconunend approval.
On September 19. 2006 the Meridian Citv Council voted to approve the Sllbiect
applications with a reauirement in the Develooment Ae:reement to extend the entrvwav
corridor deshm standards to aU lots on the property.
11. EXHIBITS
A Drawings
1. Preliminary Plat (dated: June, 2006)
2. Landscape Plan (dated: June 15,2006)
3. Conceptual Site Plan and Elevations (dated: September 13, 2006)
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
C. Legal Description
D. Required Findings from Zoning Ordinance
Cope Subdivision AZ.06-037. PP-06-035
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IfEARING DATE OF SEPTEMBER] 9, 2006
A. Drawings
1. Preliminary Plat (dated: June, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
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CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF SEPTEMBER 19.2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
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 annexation ordinance adoption), and
the developer. The applicant shall contact the City Attorney. Bill Nary, at 888-4433 to initiate this
process within 1 II mamas 90 davs of City Council 8Dl'roval of the annexation reauest. The DA
shall incorporate the following:
· 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.
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
· The applicant will be responsible for all costs associated with the sewer and water service
extension.
. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services are available
from the City of Meridian. Wells may be used for non-domestic purposes such as landscape
iITigation.
. Prior to issuance of any building permit, the subject property be subdivided in accordance
with the City of Meridian Unified Development Code.
. All proposed off-site road improvements to S. Country Terrace Place and associated
landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed
prior to any certificate of occupancy.
. ,,. 25 feet wide eammersial 6rive aisle, sewer, and water shaH ae Naila til tHe }:Jraperty
leeates at 130 E. Overlafl6 Reaa.
. Development of the property shall comply substantially with the conceptual elevations to be
provided by the applicant at the Planning and Zoning hearing and prior to approval of the
preliminary plat by the Commission. Provide Staff with elevations ten (10) davs urior to
Citv Council meetio2.
. Per UDC 11-3A-19. the aU structures withiD the develooment aleag K O\'erlana ReaEi and
that rase MeriEiiaa ReaEi (Lats 2 1) shaD be subject to administrative desi20 review and a
Desilln Review auulication shall submitted concurrentlv with the aDulications for
Certificate of Zooio!! ComDUanee.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat prepared by Munger Engineering Inc., dated June, 2006, is approved, with
the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning
(AZ-06-037) shall also be considered conditions of the Preliminary Plat (pP-06.035).
1.2.2 The applicant shall modify the plat to include a cross access/parking easement for all lots within
the subdivision.
1.2.3 The proposed driveway on East Overland Road shall be right-inlright-out only. Direct lot access
to East Overland Road shall be prohibited and should be noted on the final plat.
EJl:hibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
1.2.4 Construct South Country Terrace Place as one half of a 41-[00t street section within 54-feet of
right-of-way to align with the public stub street from COWltry Terrace Subdivision to the south
and construct curb, gutter and sidewalk to match existing improvements.
1.2.5 The landscape plan prepared by South Landscape Architecture, P .C., on June 15, 2006, is
approved with the following modifications/notes:
. Landscape plans shall be submitted with the Certificate of Zoning Compliance
applications for the development which comply with City Code. Specifically, the
submitted conceptual site plan does not provide landscape islands and associated
vegetation as required by UDC 11-3B-8C2.
. Per UDC 11-3B-1O, 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.
. 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 ll-3B-14.
1.2.6 The applicant shall provide base flood elevation and floodway data from a professional engineer
licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base
Flood Certification prior to obtaining building permits.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11.3A-17.
1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaNound
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the flnal plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 andMCC 9-1-28.
1.3.3 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.
1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed aroWld the perimeter prior to issuance of a building pennit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with UDC ll-3A-7.
1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A~, unless othenvise approved by Nampa Meridian Irrigation District. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
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.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B.7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of the trunk main
located on the west side of the Ten Mile Drain. The applicant shall install all mains necessary to
provide service; applicant shall coordinate main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in E. Overland Road and S.
Country Terrace. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 A portion of this site is encumbered by an AE flood zone, the final plat for this development shall
include the Firm map number that shows this flood plain. All lots that are affected by the flood
plain shall provide Base Flood Certification prior to obtaining building permits.
2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 94.19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft:
copy" of the operations and maintenance manual will be required prior to plan approval with the
"fmal draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.7 The City of Meridian requires that pressw1zed irrigation systems be supplied by a year.round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
coxmection 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.
2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.9 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
Exhibit B - Page 3
CfIY OF MERIDIAN PLANNING OEPARlMENT STAFF REPORT FOR mE HEARING DATE OF SEPTEMBER 19.2006
2.10 Per UDC 11-3A.6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the
Ten Mile Drain, that intersect, cros:! or lie within the area being subdivided shall be covered.
Plans will need to he approved by the appropriate inigationldrainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Department prior to plan approval. H lateral users association approval can not he obtained,
alternate plans will be reviewed and approved by the City Engineer.
2.11 As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal shall be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for
Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant is responsible
for filing all necessary applications with the Idaho Department of Water Resources regarding
Shallow Injection Wells.
2.12 Street signs are to be in place, water system shall be approved and activated, and the road base
shall be sufficiently installed to allow for emergency vehicle access, prior to applying for building
permits.
2.13 A letter of credit or cash surety in the amoWlt of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.14 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
fInal approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy.
2.15 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.16 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny COIpS of Engineers.
2.19 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.
2.40 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall he required on all public
residential streets. Two.hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall he installed at subdivider's
expense. Typical locations are at street-intersections and/or rue hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and pennit from Building Department prior to
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPleMBER 19,2006
commencing installations.
3. FIRE DEPARTMENT
1. 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.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3. The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
5. All common driveways shall he straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
6. For all Fire Lanes, provide signage "No Parking Fire Lane".
7. Operational:fire hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
8. Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
9. Maintain a separation of S' from the building to the dumpster enclosure.
10. Provide a Knox box entry system for the complex prior to occupancy.
11. The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
12. The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact the Public Works Dept.
Addressing Specialist at 898~5500 to address this concern prior to the public hearing.
13. All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
14. Provide exterior egress lighting as required by the International Building & Fire Codes.
IS. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
mea8W'ed by an approved route around the exterior of the facility or building, on-site fire hydrants
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF SEPTEMBER 19,2006
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
16. There shall be a fire hydrant within 100' of all Fire Department COIUlCCtiOns.
17. Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section 0105.
4. POLICE DEPARTMENT
1. The loading areas shall be separated from all public parking areas. Access to E. Oveland Road
should not be permitted.
s. PARKSDEPARTMENT
1. Standard for Mitigation of trees: The standard established. in the City of Meridian Landscape
Ordinance (UDC 11.3B-I 0) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDe 11-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate ofzoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
Site SDecific Conditions of ADDroval
1. Restrict the turning movement of the driveway located at the south property line to right-in and
right-out only by means of a center median. The applicant may enter into a road trust with the
district for the actual installation of the median with the intersection proj eet.
2. Construct South Country Terrace Place as one half of a 40-foot street section within 54-feet of
right-of-way complete with vertical curb, gutter and 5-foot attached concrete sidewalk to match
the existing improvements.
3. East Overland Road is classified as a Principal Arterial roadway: all access points to East
Overland Road will be closed except the access specifically approved with this application: direct
lot access to West Overland Road is prohibited and should be noted on the fmal plat.
4. Comply with District Driveway Policy.
S. Comply with District Tree Planter Width Interim Policy.
6. Comply with all Standard Conditions of Approval.
Standard Conditions of AVDroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR 1HE HEARING DATE OF SEPTEMBER 19.2006
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 Policv.
District's Tree Planter Width Policy prohibits all trees in planters less than 6.feet in width. In
addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum
planter width of 6-feet for class IT tress with the installation of root barriers on both sides of the
planter strip or a minimum planter width of 8-feet without the installation of a root barrier. The
policy also requires Class I and Class III trees to provide a minimum planter width of 10.feet.
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 pennit
(or other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees is required prior to building construction:in accordance
with Ordinance #200, also known as Ada County Highway District Road hnpact 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 DIG LINE (1-800-342wI585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or :filled) are compromised during
any phase of construction.
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
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.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING PATE OF SEPTEMBER 19,2006
C. Legal Description
clOibor:,n ... waite consultin~
liiInglneel"8 & 8urveyors
120 N. Curtis Road
Boise, Id_ 83706
(208) 376-iSSS
Fax (208) 429-9862
P.N. 2214
ruNE 13, 2006
ANNEXATION DESCRJPTJON FOR
COPE. PROPERlY BOUNDARY
A PARCEL OF LAND BEING A PORTION OF THE SOUlHWEST QUARTER OF
TIm SOUTHWEST QUARTER (GOVERNMENT LOT 4) OF SEcnON ) 8,
TOWNSHIP 3 NORTH, RANGE 1 BAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO, AND MORa PARTlCULAIlY DESCRIBED AS FOLLOWS:
C-oMMENCINO AT THE SOUTHWEST CORNER OF SAID SECTION 18, mENCE
NOR.TH 89" 43'32" BAST ALONG THE soum BOUNDARY OF SAID SECTION
18 FOR A DISTANCE OF 174.30 FEET, TO TIm REAL POINT OF BEGINNING;
THENCE NORTH 89" 43'32" BAST ALONG SAID soum BOUNDARY POR A
DISTANCE OF 457.98 FERT;
mENCE NORm 0"16'28" WEST FOR A DISTANCE OF 45.00 FEET;
TIlENCE NORTH 39"3S'14"BAST (FORMERLY SHOWN OF RECORD AS NORm
39"33 '22" BAST) FOR A DISTANCE OF 15.96 FEET;
-
nmNCE NORlH 0<'45'10" BAST (FORMERLY SHOWN OF REl:ORD AS NORTH
0"13' WEST) FOR A DlSTANCE OF 368_65 FEET;
THENCE soum 89"28.4]" WEST (FORMERLY SHOWN OF RECORD AS SOUTH
88"42' WEST) FOR A DISTANCE OF 569.41 FEET;
'l"HENCE SOUTH 52"04'56" EAST (FORMERLY SHOWN OF RECORD AS soum
53"07' EAST) FOR A DISTANCE OF 29.41 FEET;
THENCE SOUTH 25"42'56" BASt (FORMERLY SHOWN OF RECORD AS soum
26"45' :EAST) FOR A DISTANCE OF 60.00 FEEl;
TIlENCE SOUI'H 9"02'04D EAST (FORMERLY SHOWN OF RECORD AS soum
10"04' EAST) FOR A DISTANCE OF 300.02 F'EET, TO THE NORTH RIGHT OF
WAY LlNE OF OVERLAND ROAD;
C;\Projects\Cope Property. Van Auker (2274)\Documents\COPE. BOUNDARY.
ANNEX.doc-2
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
THENCB sourn 00"16'28" :EAST FOR A D1S1 ANCB OF 54.S0 FEET TO TaB
REAL POINT OF BEGINNfNG;
CONTAINING 4.85 ACRES OF LAND. MORE OR LESS.
:PREPARED 'By;
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Exhibit C
CITY OF MERIDIAN l'LANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
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CrrvOF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of'SEPTEMBER 19, 2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shaD make a full investigation
and shan, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shan make the foUowing findings:
1. The map amendment complies with the applicable provisions oftbe comprehensive
plan;
The applicant is proposing to zone all of the subject property to C-G. 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 the proposed C-G zone, if designed, constructed and operated in
accordance with adopted city ordinances, should be harmonious and appropriate in
appearance witb tbe intended character of the vicinity.
3. The map amendment sbaD Dot be materially detrimental to the public healtb, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare.
4. The map amendment shaD not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but Dot limited to, scbool 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.
S. The annexation is in the best of interest of the City ({]DC 11-5B-3.E).
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. This is a logical expansion of the City limits. In accordance with
the findings listed above, Council finds that Annexation and Zoninll: of this propertY to C-
G would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or sbort plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprebensive Plan;
The applicant has not submitted elevations for the proposed commercial business park.
The applicant will be required to use the design guidelines for commercial proj eets along
gateway corridors when designing building facades as detailed in the Annexation
analysis. Council generally supports the proposed plat layout as it complies with the
Exhibit D
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR TIlE HEARING DATE OF SEPTEMBER 19,2006
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and
Goals, Section 8, of the 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. The plat is in conformance with scheduled public Improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council fmds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public tlnandal capability of supporting services for the proposed
development;
The Commission and Council should rely upon comments from the public service
providers (Le., police, fire, ACHD, etc.) to detennine this finding. (See finding Items 3
and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for
more detail.)
S. The development will not be detrimental to the public health, safety or general
welfare; and
A portion of this site is encumbered by an AE flood zone. Council believes the applicant
should provide base flood elevation and floodway data from a professional engineer
licensed in the State of Idaho to determine whether the proposed development may result
in physical damage to any property. ACHD considers road safety issues in their analysis.
The Commission and Council should reference any public testimony that may be
presented to determine whether or not the proposed subdivision may cause health, safety
or environmental problems of which Council is unaware.
6. The development preserves significant natural, scenic or historic features.
The Ten Mile Drain runs through the western portion of the property and two of the
proposed building lots. The Commission and Council should reference any public
testimony that may be presented to determine whether or not the proposed development
may destroy or damage a natural or scenic feature(s) of major importance of which
Council is unaware.
Exhibit D