Bienville Square Subdivision AZ 05-057 RZ 05-019
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03129/07 01 :49 PM
~~~~;~E~:a~~~~:l OF 1111111111111111111111111111111111111
MerIdian CIIV 107044347
AMOUNT
.00
74
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Mason Creek LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this I 'fI!: day of 111. ~ , 2007, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and Mason Creek, LLC,
whose address is 2060 South Eagle Road, Meridian, Idaho 83642, hereinafter called
OWNERlDEVELOPER.
1.
RECIT ALS:
1.1 WHEREAS, Owner/Deve10per are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.e. 9 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer m~e 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 Ordinance 11-5B-3, 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), R-15
(Medium High Density Residential and C-G (General Commercial),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 1 OF 12
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 2nd day of May, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNERIDEVELOPER 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 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 fTOm 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 Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 2 OF 12
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 OWNERlDEVELOPER: means and refers to Mason Creek LLC,
whose address is 2060 South Eagle Road, Meridian, Idaho 83642, the
party that owns and is developing said Property and shall include any
subsequent 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 R-8
(Medium Density Residential), R-15 (Medium High Density
Residential and C-G (General Commercial), attached hereto and by
this reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed under City's
Zoning Ordinance codified at Meridian Unified Development Code 9 11-2A-2 and 11-2B-2
which are herein specified as follows:
Construction and development of up to 54 Single Family
Residential lots, 22 Multi Family Residential lots, 14 common lots
and up to 7 commercial/office lots (to include up to 65,000 square
feet of retail/restaurant I and office uses in the proposed C-G zone)
pertinent to AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and
CUP-05-052 applications.
Part of the 28.48 acre site was approved for annexation with a
Development Agreement in April, 2004 under the name of Kissler
Annexation (file no. AZ 03-018). The DA, instrument no.
104107406, requires that any future use be approved either though
DEVELOPMENT AGREEMENT (AZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 3 OF 12
a site specific CUP application or a Planned Development. A
concept planfor the overall site was submitted with the application
for informational purposes.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has
submitted to City an application for conditional use pelmit site plan dated February 13, 2006,
and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning
and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on th.e Property that
require a conditional use permit. No new buildings are approved for construction under this
conceptual CUPIPD application. Except for the single family lots, all future buildings on this
site shall require approval of design review at staff level prior to submittal of any Certificate
of Zoning Compliance application and/or building permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. Owner/Developer shall develop the Property m accordance with the
following special conditions:
1. The site has an existing development agreement Instrument No.
104107406. The entire 28.48 acres shall have a new development
agreement which shall incorporate the DA from the prior approval of
2003-2004 and include any further restrictions as detailed in this report.
2. 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.
3. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of the
development.
4. That the applicant be responsible for all costs associated with the sewer
and water service extension.
DEVELOPMENT AGREEMENT (AZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 4 OF 12
5. 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.
6. That the maximum square footage of the C-G portion of the project shall
not exceed a 20% increase or decrease of 54,000 sq. ft. for a minimum of
43,200 sq. ft. and a maximum of 65,000 sq. ft. That the maximum square
footage of one single building in the C-G portion of the project shall not
exceed 32,500 square feet, which is approximately V2 of the maximum
allowable commercial square feet on this property.
7. That prior to issuance of any certificate of zoning compliance all
landscaping shall be constructed along the southern and eastern property
boundary and along Eagle Road to the point of connection with adjoining
projects. The commercial/office lots should include either a permanent
easement or be redesigned to include landscaping in common lots.
8. The applicant has committed a plan to provide a pathway with specific
fencing along the southern and western boundaries. The fencing plan
shall be constructed as detailed at the public hearing on April 4, 2006.
9. The applicant has shown several elevations for both the alley accessed
residential, condominium, and detached single family residential
products. The elevations shall be in substantial confonnance to the
elevations presented at the April 18, 2006 hearing. These elevations shall
have similar modulation and treatments to the elevations presented to
council as determined by the Planning Director.
10. The elevations for the commercial/office buildings shall substantially
comply with the elevations submitted by the applicant at the April 18,
2006 hearing. Further, the applicant shall coordinate with the developer
of Sadie Creek Promenade to create a unified appearance throughout both
projects.
11. The applicant shall coordinate with the Meridian Parks Department and
Nampa Meridian Irrigation District to define the location ofthe multiuse
pathway, bridge maintenance, and landscaping along the Finch Lateral.
DEVELOPMENT AGREEMENT CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 5 OF 12
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owner/Developer or OwnerslDevelopers heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development of Subject Property" of
this agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code 9 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
OwnerfDeveloper consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the City provide written notice of any failure to comply with this
Agreement to OwnerlDeveloper and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
9. INSPECTION: Owner/Developer shall, immediately upon completion of
any 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.
10.
DEF AUL T:
10.1 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 ofthe
Zoning Ordinance.
10.2 A waiver by City of any default by Owner/Developer of anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
DEVELOPMENT AGREEMENT (AZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 6 OF 12
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to OwnerlDeveloper, prior to
the third reading of the Meridian Zoning Ordinance in connection with the fe-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.
12. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the patty 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 CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 7 OF 12
14. SURETY OF PERFORMANCE: The City may require irrevocable
letters of credit, cash deposits, certified check as allowed under Meridian City Code
Section 11- 5-C, to insure installation of any unfinished improvements that are not in
conflict with Section 15 of this Agreement. At the City's sole discretion the
Owner/Developer agrees to provide surety in the form as required by the City, if
necessary.
15.
CERTIFICATES OF OCCUPANCY:
15.1 For Residential Developments or for the Residential Phases of
Mixed Use Developments:
The Owner/Developer agrees that no Certificates of Occupancy will be
issued until all improvements within each phase are installed, completed
and accepted. Improvements are defined as those expressly noted in the
Conditions of Approval for this development, and all others required by
Code.
15.2 For Commercial Developments or for the Commercial Portions
of Mixed Use Developments:
The Owner/Developer agrees that no Certificates of Occupancy will be
issued on any commercial parcel until all life safety, health, and irrigation
improvements are completed. Temporary Certificates of Occupancy may
be issued by the City on any commercial parcel in which the required
improvements have not been installed, completed, and accepted by the
City, if the Owner/Developer provides surety pursuant to Section 14 of
this agreement. The Owner/Developer agrees that no Permanent
Certificates of Occupancy will be issued until all improvements on each
commercial parcel are installed, completed and accepted. Improvements
are defined as those expressly noted in the Conditions of Approval for this
development, and all others required by Code.
16. 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..
DEVELOPMENT AGREEMENT CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 8 OF 12
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, retmn receipt
requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Mason Creek, LLC
2060 South Eagle Road
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall smvive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shan be binding on the OwnerlDeveloper of the Property, each subsequent owner
DEVELOPMENT AGREEMENT CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 9 OF 12
-:.-~
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 has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between 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.
22.1 No condition governing the uses and/or conditions governing re-zoning ofthe
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 10 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERIDEVELOPER
MASON CREEK, LLC
BY:
~~
CORY S.. ~:ging Member
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CITY OF MERIDIAN
ATTEST:
BY~~/
MAYORTA YdeWEERD
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DEVELOPMENT AGREEMENT CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 11 OF 12
STATE OF IDAHO, )
: ss
County of Ada, )
On this 4- day of !'!1 atl!.j}] , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared CORY SWAIN,
known or identified to me to be the Managing Member of Mason Creek LLC, acknowledged
to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
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MY COMMISSION EXPIRES
September IS 2012
BONDED THRU NOTARY PUBLIC llNDERWJtITERS
STA TE OF IDAHO )
: ss
County of Ada )
On this t'6+I 1 day of m (1/\ ct'\ , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, 11'., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
(SEAL)
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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Notary Public for Idaho
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Commission expires: /O-/,\-/f
DEVELOPMENT AGREEMENT CAZ 05-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION
PAGE 12 OF 12
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
ANNEXATION
OCTOBER 24, 2005
A PARCEL OF LAND BEING A PORTIONS OF THE NE y.a OF SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, 1. 3 N.., R. 1
E., B.M., THENCE S 00000'00" E 955..14 ALONG THE EAST LINE OF SAID
SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 00000'00" E 691 ,06 FEET ALONG SAID SECTION LINE TO A
POINT;
THENCE N 90000'00" W 78..21 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY OF EAGLE ROAD;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING:
THENCE N 44005'18" W 227.63 FEET TO A POINT;
THENCE N 72024'04" W 221..28 FEET TO A POINT;
THENCE S 77026'30" W 667..38 FEET TO A POINT;
THENCE N 72035'42" W 233..35 FEET TO A POINT;
THENCE N 00015'11" W 569,,21 FEET ALONG SAID BOUNDARY TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: ~
THENCE N 87006'00" E 335.19 FEET TO A POINT; REVl A OVAL
BY _ --
THENCE N 7r06'00" E 267.75 FEET TO A POINT;
MAR 0 9 2007
THENCE S 79007'00" E 319,,00 FEET TO A POINT;
THENCE N 89054'00" E 200..00 FEET TO A POINT;
MERIDIAN PUBliC
. VVORKS OEPT
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
R8 ZONE
OCTOBER 13, 2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF
SURVEY NO" 6418 AND OF THE NE"Ys OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T" 3 N.., R 1
E.., B.M.., THENCE S 00000'00" E 677.57 ALONG THE EAST LINE OF SAID
SECTION 5 TO A POINT;
THENCE N 83054'00" W 567,57 FEET TO A POINT;
THENCE N 71028'10"W 609.64 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE N 71028'10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF
CAROL'S SUBDIVISION;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOllOWING:
THENCE S 00015'11" E 1129,,35 FEET TO A POINT;
THENCE S 72035'42" E 233,35 FEET TO A POINT;
THENCE N 7r26'30" E 73.22 FEET TO A POINT;
lEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE N 00037'20" E 132..52 FEET TO A POINT;
THENCE S 89022'40" E 105.87 FEET TO A POINT OF CURVATURE;
THENCE 87,,11 FEET ALONG A CURVE TO THE lEFT, SAID CURVE HAVING
A RADIUS OF 50,,00 FEET, A DELTA ANGLE OF 99049'13", A TANGENT OF
59.40 FEET AND A CHORD BEARING N 40042'43" E 76.50 FEET TO A POINT
OF TANGENCY;
THENCE N 09011'53" W 171.74 FEET TO A POINT OF CURVATURE;
THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20028'023", A
BIENVILLE-R-8
TANGENT OF 103.81 FEET AND A CHORD BEARING N 01"02'08" E 204,,31
FEET TO A POINT OF TANGENCY;
THENCE N 11"16'08" E 53,,21 FEET TO A POINT OF CURVATURE;
THENCE 232,,28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21"17'37", A
TANGENT OF 117..49 FEET AND A CHORD BEARING N 00"37'20" E 230..94
FEET TO A POINT OF TANGENCY;
THENCE N 10"01'28"W 111.52 FEET TO A POINT OF CURVATURE;
THENCE 69..25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79021'123", A TANGENT OF
41.48 FEET AND A CHORD BEARING N 49042'04" W 63..85 FEET TO A POINT
OF TANGENCY;
THENCE N 89"22'40" W 148..60 FEET TO A POINT OF CURVATURE;
THENCE 23,,81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13038'38", A
TANGENT OF 11,,96 FEET AND A CHORD BEARING N 82033'21" W 23.76
FEET TO A POINT OF TANGENCY;
THENCE N 75044'02" W 41.56 FEET TO A POINT ON A CURVE;
THENCE 18..13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03027'42", A
TANGENT OF 9.07 FEET AND A CHORD BEARING N 15"59'49" E 18.12 FEET
TO A POINT OF REVERSED CURVATURE;
THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 300..00 FEET, A DELTA ANGLE OF 17"48'08", A TANGENT OF
46.98 FEET AND A CHORD BEARING N 08049'36" E 9284 FEET TO THE
REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11
ACRES, MORE OR LESS.
~~@Rov~
MAR 0 9 2007
MERIDIAN PUBLIC
WORKS DEFt
BIENVILLE-R-8
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
C-G ZONE
OCTOBER 13, 2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF
SURVEY NO. 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N.., R. 1
E., B.M.., THENCE S 00000'00" E 677.57 ALONG THE EAST LINE OF SAID
SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 00000'00" E 968,,63 FEET ALONG SAID SECTION LINE TO A
POINT;
THENCE N 90000'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY OF EAGLE ROAD;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING:
THENCE N 44005'18" W 227..63 FEET TO A POINT;
THENCE N 72024'04" W 213,,51 FEET TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: "
THENCE N 00037'20" E 786..75 FEET;
THENCE S 83054'00" E 434.01 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS.
'iAN PUBLIC
~: :<5 OEPT.
:&OVAL
~t> 9 2007
BIENVILLE-COMMERCIAL
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
R15 ZONE
MARCH 9, 2007
A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF
SURVEY NO" 6418 AND OF THE NE % OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N", R 1
E.., RM", THENCE S 00000'00" E 677,,57 ALONG THE EAST LINE OF SAID
SECTION 5 TO A POINT;
THENCE N 83054'00" W 434..01 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE S 00037'20" W 786.75 FEET;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOllOWING:
THENCE N 72024'04" W 7.77 FEET TO A POINT;
THENCE S 7r26'30" W 594.16 FEET TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE N 00037'20" E 132.52 FEET TO A POINT;
THENCE S 89022'40" E 105.87 FEET TO A POINT OF CURVATURE;
THENCE 87.11 FEET ALONG A CURVE TO THE lEFT, SAID CURVE HAVING
A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99049'13", A TANGENT OF
59..40 FEET AND A CHORD BEARING N 40042'43" E 76..50 FEET TO A POINT
OF TANGENCY;
THENCE N 09011 '53" W 171.74 FEET TO A POINT OF CURVATURE;
THENCE 205..40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RAD! US OF 575.00 FEET, l!. DELTA ANGLE OF 20028'02", A
TANGENT OF 103.81 FEET AND A CHORD BEARING N 01002'08" E 204.31
FEET TO A POINT OF TANGENCY;
THENCE N 11016'08" E 53.21 FEET TO A POINT OF CURVATURE;
BIENVTI.,LE-R-15
THENCE 232..28 FEET ALONG A CURVE TO THE LEFT. SAID CURVE
HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21017'37", A
TANGENT OF 117.49 FEET AND A CHORD BEARING N 00037'20" E 230..94
FEET TO A POINT OF TANGENCY;
THENCE N 10001'28'W 111,52 FEET TO A POINT OF CURVATURE;
THENCE 69..25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 50,,00 FEET, A DELTA ANGLE OF 79021'123", A TANGENT OF
41..48 FEET AND A CHORD BEARING N 49042'04" W 63.85 FEET TO A POINT
OF TANGENCY;
THENCE N 89022'40" W 148,,60 FEET TO A POINT OF CURVATURE;
THENCE 23..81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13038'38", A
TANGENT OF 11.96 FEET AND A CHORD BEARING N 82033'21" W 23,76
FEET TO A POINT OF TANGENCY;
THENCE N 75044'02" W 41..56 FEET TO A POINT ON A CURVE;
THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 300,,00 FEET. A DELTA ANGLE OF 03027'42", A
TANGENT OF 9,,07 FEET AND A CHORD BEARING N 15059'49" E 18..12 FEET
TOA POINT OF REVERSED CURVATURE;
THENCE 93..21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 300.00 FEET. A DELTA ANGLE OF 1r48'OS", A TANGENT OF
46.98 FEET AND A CHORD BEARING N 08049'36" E 92.84 FEET TO A POINT
ON A CURVE;
THENCE S 71028'10" E 609..64 FEET TO A POINT;
THENCE S 83054'00" E 133..56 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS..
:r~~OVAL
MAR 0 9 2007
MERIDIAN PUBLIC
WORKS DEPT.
BIENVILLE-R-15
USTICK ROAD 32 33
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ANNEXATION EXHIBIT FOR
BIENVILLE SQUARE SUBDIVISION
LOCA TED IN THE NE 1/4 OF SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST, 8..M"
ADA COUNTY, IDAHO
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MAR 0 9 2007
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DATE: 10/20/05
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1940 S" BONITO WAY
SUITE 140
MERIDIAN, IDAHO 83642
208-288-0573
JOB NO. BIENVlLLE
SCALE: 1 '" 300'
USTICK ROAD
32 33
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MAR 0 9 2007
MERIDIAN PUBLIC
CURVE
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C-3
C-4
C-5
C-6
C-7
CURVE TABLE
DEL TA TANGENT CHORD BEARING
17'48'08" 46 98' N 08'49'36" E
3'27'42" 9.07' S 15'59'49" W
13'38'38" 1196' S 82'33'21" E
79'21'12" 41..48' N 49'42'04" W
21'17'37" 117.4-9' N 00'37'20" E
20'28'02" 103.81' S 01'02"08" W
99'49'13" 59.40' N 40'42'43" E
CHORD
92.84'
18.12'
23.76'
6385'
23094'
204.31'
76.50'
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69.25'
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LOCATED IN THE NE 1/4 OF SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M..
ADA COUNTY, IDAHO
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SCALE: 1 '" 300'
LINE TABLE
LINE LENGTH BEARING
L-l 41.56' N 75'44'02" W
L-2 148_60' N 89"22'40" W
L-J 11152' S 10'01'28" E
L -4 53.21' S 11'16'08" W
L-5 171.74' S 09'11'53" E
L -6 105.81' S 89"22'40" E
L-7 132.52" S 00"37'20" W
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Stanley Consultants INC.
1940 S.. BONITO WAY
SUITE 140
MERIDIAN, IDAHO 83642
208-288-0573
JOB NO. 19281 (18801)
DESCRIPTION FOR NORTH PARCEL
BIENVILLE SQUARE ANNEXATION
MARCH 22, 2007
A PARCEL OF LAND BEING A PORTION OF PARCEL "0" OF RECORD OF
SURVEY NO, 6418 AND ROAD RIGHT OF WAY, LOCATED IN THE NE % OF
THE NE % OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, 1.. 3 N., R.. 1
E., B..M", THENCE S 00000'00" E 677..57 ALONG THE EAST LINE OF SAID
SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 00000'00" E 277.57 FEET ALONG SAID EAST LINE TO A POINT;
THENCE N 83054'00" W 144,,00 FEET TO A POINT;
THENCE N 64011 '00" W 79.87 FEET TO A POINT;
THENCE S 89054'00" W 200.00 FEET TO A POINT;
THENCE N 79007'00" W 319.00 FEET TO A POINT;
THENCE S 77006'00" W 267.75 FEET TO A POINT;
THENCE S 8r06'OO" W 335..19 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF CAROL'S SUBDIVISION NO.2;
THENCE N 00015'11" W 560,,14 FEET ALONG SAID BOUNDARY TO A POINT;
THENCE S 71028'10" E 803,,90 FEET TO A POINT;
THENCE S 83054'00" E 567..57 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION, COMPRISING 10,43 ACRES, MORE OR LESS..
19281-NORTH-PARCEL
US~CK ROAD 32 33
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1940 S BONITO WAY
SUITE 140
MERIDIAN, IDAHO 83642
208-288-0573
I JOB NO, 19281
I DATE: 03/22/07
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
APR 2 8 2006
~_eridian
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In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8
(Medium Density Residential), R-15 (Medium High Density Residential) and C-G (General
Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22
multi-family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND
CUP-05-052 - Conditional Use Permit for mixed use development within 300-feet of a
residence AND PS-06-002 for a Private Street to provide frontage to Multi-Family units,
For Bienville Subdivision by Red Cliff Development Inc.
Case No(s). AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and CUP-05-052
For the City Council Hearing Date of: May 2, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 2,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 2,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 2,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 2,2006 incorporated by reference)
B. Conclusions of Law
l. 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.e. S67-6503).
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 of the 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 NOCS). AZ-05-057, PP-05-059, RZ-05-0 19, PS-05-002 and CUP-05-052- PAGE 1 of 4
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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.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of May 2,
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
Submitted and REVISED February 13, 2006 is hereby conditionally approved; and,
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
Submitted and REVISED February 13,2006 is herby conditionally approved; and
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 2, 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 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-057, PP-OS-059, RZ-OS-019, PS-05-002 and CUP-OS-OS2- PAGE 2 of4
,
.<.
and filed by the applicant prior to the tennination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension oftime to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminaIY 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 afFinal 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 9 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of May 2,2006
By action of the City Council at its regular meeting held on the
(Jz ttp- , 2006.
2n..e{
-- day of
COUNCIL MEMBER KEITH BIRD
VOTEO$A.J
V6TED~
VOTED ~
VOTED ~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
TIE BREAKER
MAYORTAMMYde~ERD
VOTED
-
CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-057, PP-05-059, RZ-05-0 19, PS-05-002 and CUP-05-052- PAGE 3 of 4
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., Applicant ("iii/1m'll'
~ Planning Department
~;Public Works Department
V City Attorney
By: ~~ l\..o aJ-J
~Clerk's Office
ATTEST:
Copy served upon:
Dated: 5~2.0t.D
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-057, PP-05-059, RZ.05-019, PS-05-002 and CUP-05-052- PAGE 4 of 4
"
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
~.
STAFF REPORT Hearing Date: May 2,2006
City Council Hearing Dates: April 18, 2006
Continued from: March 14, 2006
Planning & Zoning Commission Hearing Dates: February 16, 2006
Continued from: February 2,2006
Continued from: January 5, 2006
TO: Meridian CityCouncil
FROM: Planning Commission
Staff: Joe Guenther, Associate Planner
Meridian Planning Department
208-884-5533
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Bienville Square Subdivision. All applications are for Bienville Square
Subdivision by Red Cliff Development, Inc.
AZ-05-057 - Annexation and Zoning of 18.43 acres from RUT and R1 to R-8
(Medium Density Residential), R.15 (Medium High Density Residential) and C-
G (General Commercial).
RZ-05-019 - Rezone of 10.05 acres ofC-G (General Commercial) to R-8
(Medium Density Residential) and R-15 (Medium High Density Residential).
PP-05~059 - Preliminary plat for 54 single family residential lots, 22 multi-
family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres.
CUP-05-052 - Conditional Use Pennit for mixed use development within 300-
feet of a residence.
PS-05-002 ~ Private Street for providing frontage to multi-family site.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
SUBJECT:
The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary Plat with a
Conditional Use Pennit (CUP) to construct retail/restaurant/and office uses as well as a mixture of
attached, detached and alley-accessed residences on approximately 27.36 acres within the Bienville
Square Subdivision development located approximately 14 mile south of the southwest comer of Us tick
Road and Eagle RoadlSH-55.
A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ-03-018 and a
corresponding Development Agreement (DA). (Similarly, a portion of the Sadie Creek Promenade
Subdivision project immediately north of this site was also in that annexation application.) The DA
(Instrument No. 104107406) requires that any future use be approved either through a site specific CUP
application or a Planned Development. A concept plan for the overall site was submitted with the
application for infonnation purposes (not for fonnal approval).
The overall design of the site is paramount on City Council and ITD approval of the Eagle Road
approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed
conditions and an amended Development Agreement for the 27.36 acres could sufficiently address
interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade
Subdivision property to the north provides one public street access to U stick Road, and staff is proposing
cross access to the two other approved Ustick Road approaches.
Bienville Square Subdivision
AZ-05-057/PP-05-059/CUP-05-052/RZ-05-0 19/PS-05-002 Page]
,"
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
"
2. SUMMARY RECOMMENDATION
History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the
January 5,2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade
property at one time. The original intent was to have a full hearing of both projects at that time and to
address issues common to both development proposals. On January 5, 2005 the Commission voted to
table the item at the applicant's request until the February 2,2006 hearing. The applicant was considering
redesigning the site, but has instead decided to proceed with the original configuration as advertised for
the public hearing; therefore no changes to the site layout were proposed prior to February 2,2006. On
February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission
discussion ofPebruary 2,2006.
Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral
as the applicant is no longer proposing to tile the ditch as submitted for the February 16, 2006 hearing
date. The Conunission has noted that the applicant has submitted a Variance application and has made
recommendation that the site plan dated February 13,2006 be approved as submitted with approval of the
variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55,
for one right-inlright-out access driveway. Idaho Transportation Department (ITD) has not approved any
approach pemrits on this site. The Variance application pertains only to the right-in/right-out access lying
approximately 1,300 feet south of Us tick Road.
Staff is recommending approval with conditions of the subject applications (AZ-05-057, PP-05-059, RZ-
05-019, PS-05-002 and CUP.05.052). Staffis recommending denial of the variance application (V AR-
05-023)
The Meridian Planning and Zoning Commission heard the item on February 16, 2006, At the public
hearing they moved to recommend approval.
a. Summary of Public Hearing:
1. In favor: Bob Unger, Red Cliff Development
11. In opposition/conunenting:
Billy Knorpp, 2972 Leslie Drive - Opposed to increased traffic
Steve Grant 1534 Leslie - wanted masonry fence on west property boundary.
Candy Seeley 1567 North Leslie Way- Fencing and change Multi-family to
office.
Linda Morris. 1374 Leslie Way - P encing and pathway issues
Betty Rosso 2832 Leslie Drive - Canal tiling; multifamily, traffic
David Thurston. 1470 Leslie Way - Canal and irrigation
iii. Staff presenting application: Joe Guenther, Associate
iv. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
1. -Eagle Road Access;
ii. -Perimeter buffers including landscaping, screening, elevations, pathways, canals
and fencing material;
111. -Cross access requirement to other properties to the north
c. Key Commission Changes to Staff Recommendation:
i. -Revise Condition 1.1.16 to read that Eagle Road access is essential and a full
access at the 'l4 mile is preferred.
i1. -Revise Condition 1.1.4 to read that no changes to the landscaping along Eagle
Road are required.
d. Outstanding Issue(s) for City Council:
Bienville Square Subdivision
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1. Eagle Road access conditioning in this report has not changed with the Planning
Commission Recommendation. Planning Staff is recommending denial of the
access point to Eagle Road and to maintain consistency with Staffs
recommendation the staff report dated March 14, 2006 has not been altered with
respect to modifications to the Eagle Road right of way.
11. The Planning Commission made a recommendation based on the site design
dated February 13,2006. The Commission requested that ifthe City Council
Denies the Variance then the site design dated February 13, 2006 be remanded to
the Commission in order to make a revised recommendation on a site plan
showing no access to Eagle Road.
Staff recommended approval of the subject applications (AZ-05-057/PP-OS-059/RZ-05-019/PS-05-002
and CUP-OS-052) with the conditions noted in this report and denial of the access variance V AR-05-023
to the Planning Commission on February 16, 2006.
PROPOSED MOTIONS (to be considered after the public hearing)
Approve-Project
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
05-057/PP-05-059/CUP-OS-052/RZ-05-019/PS-05-002 as presented in Staff Report for the
hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.)
Deny-Variance
After considering all staff, applicant and public testimony, I move to deny File Nwnbers V AR-
05~023 as presented in the Staff Report for the hearing date of May 2, 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
After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-
05-057/PP-05-059/RZ-05-019/PS-05-002/CUP-05-052 and V AR-05-023 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific
reason(s) for continuance.)
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SW comer of Us tick Road and Eagle Road/SH55
Township 3N, Range IE, Section 5
b. Owners
Red Cliff Development, INC
2060 South Eagle Road
Meridian Id 83624
Jo1m Ewing
1500 El Dorado Street, Suite 4
Boise Id 83704
c. Applicant:
Red Cliff Development, INC
2060 South Eagle Road
Meridian Id 83624
d. Representative: Ashley Ford, WRG Design, INC
Bienville Square Subdivision
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e. Present Zoning: General Retail and Commercial (C~G), Meridian, RUT-R1-Ada County
f. Present Comprehensive Plan Designation:
Mixed Use-Regional- 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. See Exhibit Al (prepared by Stanley Consultants) for a copy of the proposed plat,
Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan
which depicts the lot layout, building, parking and access locations with adjoining
subdivisions.
h. Applicant's Statement/Justification: The application notes that the mixed use regional
designation provides for the overall site to be developed with a mixture of Retail/Restaurant/
Office/Drive through and other Commercial uses oriented around automobile traffic, the rear
portions of the site are designed around transitional uses of a mix of single-family detached
units and multi-family residential units. The applicant notes that the site is an ideal location for
a retail/residential complex and will provide the additional landscaping along drive aisles, the
design review for structures along the gateway corridor, and develop the new public street to
improve traffic movement in the area.
4. PROCESS FACTS
a.
The subject application will in fact constitute an annexation and zoning (including
rezones) as detennined by City Ordinance. By reason of the provisions ofthe Unified
Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required
before the City Council on this matter.
The subject applications will in fact constitute preliminary plats as detennined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 6, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a conditional use / planned development as
determined by City Ordinance. By reason of the provisions of the Unified Development
Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City
Council on this matter.
Newspaper notifications published on: Council- December 19 and January 2,2005
Radius notices mailed to properties within 300 feet on: Council ~ December 19, 2005
Applicant posted notice on site by: December 26, 2005
b.
c.
d.
e.
f.
5. LAND USE
a. Existing Land Use(s): Bare land, two single family residences.
b. Description of Character of Surrounding Area: Large lot residential, highway-oriented
services, rapidly urbanizing
c. Adjacent Land Use and Zoning
1. North: Future pad sites within Sadie Creek Promenade proposal zoned C-G and
Ada County RI.
2. West: Residential Subdivision zoned Meridian City R.2 and Ada County R1
3. South: Residential Subdivision zoned Meridian City R-2 and Ada County R1
4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle
Bienville Square Subdivision
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Road.
d. History of Previous Actions: In April 2004, the owners and City entered into a Development
Agreement for various High Density Commercial, Multi-family Residential, transitional, and
office uses under File AZ-03-018. Some property was annexed and zoned to General Retail
and Commercial (C~G) with a Development Agreement while other portions ofthe property
were not included in the annexation leaving out parcels which were addressed with the original
conceptual plan. The 18.43 acre out parcel immediately south of the C-G site is included with
this project.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade
Location of water: Extension of mains in U stick Road/Sadie Creek Promenade
Issues or concerns: None
2. Vegetation: Agricultural/Irrigated
3. Flood plain: N/ A
4. CanalslDitches Irrigation: The Finch Lateral courses the southern part of property
and the Milk Lateral courses the northern part of the property
5. Hazards: None identified
6. Size of Property: 27.3 acres
7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated
parking and landscape improvements along Eagle Road. Attached townhouse and single
family residential, front accessed and alley accessed products.
f. Subdivision Plat Information
The submitted plat includes an R-8 proposed zone with 54 single-family residential lots
of which 20 units with street side garages along the western property line are located in
Block 2 (lots 20-40) which are in the 6,000 to 8,000 square foot range. The 34 alley
accessed homes are located in Block 3 and are approximately 4,500 square foot in area.
These lots are designed to meet the minimum standards of the R-8 district.
The submitted plat also includes 2210ts in an R-15 proposed zone. These R-15 products
are designed around a modified townhouse design and each building would be contained
on a lot with potential for a future condominium plat on the individual units. The
applicant has included a clubhouse and additional parking contained in common lots.
The submitted plat also contains seven lots in a C-G proposed zone with commercial
uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with
two approximate 12,000 square-foot buildings and five approximate 6,000 square-foot
buildings.
g. Landscaping
1. Width of street buffer(s): per the Future Land Use Map, both Ustick Road and Eagle
Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3)
requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan
(Sheet L1.1) proposes a 35-foot wide buffer along Eagle Road. If the applicant
proposes to construct the "Entryway Corridor" buffers in easements they must meet
Bienville Square Subdivision
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the landscaping standards required in the UDC.
2. Width ofbuffer(s) between land uses: Table 11~2B-3 requires a 25-foot wide buffer
between commercial uses on C-G-zoned land and residential uses. The properties to
the west are zoned R-2 (City of Meridian) and R1 (Ada County), and are currently
residential. Lots adjacent to the site on the west and south as shown on the
landscape/site plan shall include a 25-foot permanent easement or the 25 feet shall be
included in a common lot as defined by the landscaping standards of the UDC.
3. Percentage of site as open space: The UDC does not require open space or site
amenities for commercial uses. The open space contained in the residential uses is
shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This
calculation should be reduced to not include any landscape buffers. The applicant
shall clarify these calculations to be consistent with the amenity standards found in
UDC Chapter 3, Article G.
4. Other landscaping standards: The landscape buffer along Eagle Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Planned Development Characteristics - N/ A
1. Conditional Use Information:
1. Non-residential square footage: To be detennined, 44,000 square feet shown
2. Proposed building height: 65 feet, or C-G standards
3. Percentage of site devoted to building coverage: Not defined
4. Percentage of site devoted to landscaping: 3.53 acres, 12.9%
5. Percentage of site devoted to paving: Not defined
6. Percentage of site devoted to other uses: N/ A
7. Number of Residential units: N/A
J. Amenities - The applicant is providing a clubhouse in Lot 12 Block 1, recreational facilities in
Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also
proposing a water feature in the turnabout in Block 6.
k. Off-Street Parking (residential uses) -provided within the R-15, to meet the multi-family
standards set forth in UDC 11-4~3.27
1. Proposed and Required Residential Standards - R-8 and R~l-5 bulk standards apply as found in
UDC 11-2A.
R~8 (Standards)
Setbacks (*all streets local) Proposed Required
Front Living Area 15 15
Side Accessed Garage 15 15
Front Accessed Garage 20 20
Street side 15 15
Side 4 4
Rear 12 12
Bienville Square Subdivision
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Frontage-alley loaded 45 40
Frontage-garage fronted 60 50
Lot Size~alley loaded 4,630 4,000
Lot Size-garage fronted 6,023 5,000
Lot Size~ Comer 5,188 5,000
R-15 (Standards)
Setbacks (*all streets local) Proposed Required
Front Living Area 10 10
Front Accessed Garage 20 20
Street side 20 20
Side 4 4
Rear 12 12
Frontage 20 0
Lot Size 8,424 2,400
Maximum building height 40 40
m. Proposed and Required Non~Residential Parking - One off.street parking space required for
every 500 square feet of gross floor area. Also, one Type A and one Type B parking space
required for the loading area (per UDC 11-3C-8). The proposed total building floor area is
40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been
calculated. This may be addressed during detailed CUP review and building design review
but the design appears to meet the minimum standards of the UDC parking requirements.
n. Summary of Proposed Streets and/or Access (private, public, COl11111on drive, etc.):
The applicant is proposing one new access point to Eagle Road/SH55 to serve the Bienville
Square project at approximately 1,000 feet south of the UsticklEag1e Intersection.
As noted previously, ITD must issue a right-inlright-out pennit for this access, and the access
is further contingent on the Meridian City Council granting a variance to UDC 11- 3H. In
addition, the recorded DA between the applicant and the City requires either a public or
private street be constructed parallel to Eagle Road/SH55 that may connect to the north
boundary and may also connect to Eagle Road, if allowed by ITD at a point to be detennined
by ACHD. This project will connect with Sadie Creek Avenue, a proposed public street
connecting to Ustick Road through the Sadie Creek property, to meet the frontage road
requirement and possibly connect to Eagle Road.
In addition, the applicant will be required to cormect to and provide cross access to the three
new access points to Ustick Road at the following locations in the proposed Sadie Creek
Promenade Subdivision applications:
· Driveway #1 - 400 feet west of Eagle (right-inlright.out with center median)
· Driveway #2 - 600 feet west of Eagle (full access)
· Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue)
with proposed traffic signal)
Bienville Square Subdivision
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Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the
Eagle Road intersection, has just been widened and improved to 5 lanes. The intersection was
widened to include dual left turn lanes.
The applicant's CUP site plan shows a connection with the new public, commercial street
extending south of Us tick Road, beginning approximately ~ mile west of Eagle Road/SH55.
The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50-foot street
section, continuing as a public street in a loop design around the R-8 development with
private streets providing frontage for the townhouse development. The area (Kissler
Annexation site) concept plan shows the road connecting to the property south of the site with
a looped design and possible connection to Eagle Road through this site. The area plan shows
private, internal driveways connecting to this public street; such driveways run mostly
north/south connecting Sadie Creek Avenue to Ustick Road.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters/reports submitted with the application materials.
6. AGENCY COMMENTS MEETING On October 28th 2005, staff held an agency comments
meeting. The agencies and departments present included: Meridian Fire Department, Meridian
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all
comments and recommended actions as Conditions of Approval in Exhibit C.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. ill Chapter VII of the Comprehensive Plan, this
designation is defined in part as an area that is situated in higWy visible or transitioning parts of
the City where innovative and flexible design opportunities are encouraged. The MU-R has no
upper limit on the square footage of non-residential uses and is intended to allow a broad range of
uses.
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):
· Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
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.
Bienville Square Subdivision
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· The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should stiffer 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 VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities
within the Impact Area.
Staffflnds that the site is designatedfor MU-R on the Comprehensive Plan Future Land Use
Map. Although strictly commercial uses have not been specifically planned for this property
on the Comprehensive Plan Future Land Use Map and through the Development Agreement
from the annexation. the overall site plan when combined with the proposed Sadie Creek
Promenade Subdivision meets the general classifications for mixed use regional.
· Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas.
Ustick Road is classified as an arterial roadway. The applicant is proposing access from the
adjoining commercial areas from micropaths, sidewalks and shared streets which will
provide future connection to residential areas west of the site along Ustick Road. Staff
believes that the commercial areas proposed compliment the existing and planned residential
areas in the vicinity.
· Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the adjoining transportation
corridors (Ustick Road and Eagle Road).
· Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of
the arteriallcollector roadways, The proposed access points to the arterial streets generally
comply with ACHD's standards. Please see the ACHD staff report and Exhibit B for the
conditions from ACHD. This site does not front on an ACHD controlled arterial road
although Sadie Creek Avenue provides a collector system for the internal circulation of
residents.
The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal
Arterial will be at intersections only, and spaced at one-half mile intenJals in urban areas.
ITD allows approaches (other than intersections) in special cases and on a temporary basis.
The Eagle Road access shall be eliminated from this project if the Meridian City Council
does not grant a variance and/or if ITD does not approve an approach for this site.
· Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1)
The properties adjacent to the subject site are designated for a wide variety of uses. North of
the site is planned for commercial uses, east of the site are proposed commercial
Bienville Square Subdivision
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developments also tied in with this project by development agreement, and west and south of
the site are very low density uses and expected to continue these uses as per the
Comprehensive Plan Future Land Use Map. The project provides a transition from the
intense commercial uses along Eagle and Ustick Roads into a mix of residential densities
from the C-G District to the R~8 and R-15 Districts. The applicants have included residential
to residential use buffers along the south and west boundaries as well as additional open
spaces along the commercial corridors by providing amenities and open spaces.
. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc.).
The applicant is proposing to construct appropriate buffers along all of the adjacent arterial
streets. By ordinance, a minimum 25-foot wide landscape buffer is required adjacent to
residential uses and 35-foot wide landscape buffer to Gateway Corridors. The landscape
plan shows the appropriate landscape buffers,
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
. "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal
III, Obj. D, #3, page 43)
. "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the nwnber and location of private driveway access
connections to this important roadway. The City should recognize, adopt, and help implement
the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71)
. "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACIID to minimize access
points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page
72)
. "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
. "Identify transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
. "Restrict curb cuts and access points on. . . arterial streets." (Chapter Vll, Goal IV, Obj. D,
#5, page 107)
8. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists retail store/restaurant!
drive thrul office/ fmancial institute uses as pennitted uses in the C-G zoning district.
b. Purpose Statement of Zone: The purpose ofthe Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C-G General Retail and Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed 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 pennanent motoring public. All such
districts shall be connected to the municipal water and sewer systems ofthe city, and shall not
Bienville Square Subdivision
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constitute strip commercial development and encourage clustering of commercial
development.
c. General Off-Street Parking Standards (from UDC 11-3C-5):
The following standards shall apply for off-street vehicle parking for nonresidential uses: In all
Commercial Districts the requirement shall be one (1) space for every five hundred (500) square
feet of gross floor area.
d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an
entryway corridor (UsticklEagle Roads) are subject to the design standards listed in this section.
e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HV AC equipment, trash
dumpsters, trash compaction and other service functions shall be incorporated into the overall
design of buildings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets.
f. Development along Federal and State Highways: Unified Development Code (UDe) 11-3H-l,
Purpose. One of the three purpose statements is to "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."
g. ODC 11-3H-4.B, Standards: Access to State Highway 55- "Use of existing approaches shall be
allowed to continue provided that the following conditions are met:
1. The existing use is lawful and property permitted effective September 15, 2005.
2. The nature of the use does not change (for example a residential use to a commercial use).
3. The intensity of the use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space)."
h. ODC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of
use, the owner shall develop or otherwise access to a street other than the state highway. The use
of the existing approach shall cease and the approach shall be abandoned and removed.
4. No new approaches directly accessing a state highway shall be allowed.
5. Public street connections to the state highway shall only-be allowed at:
a. the section line road; and
b. the half-mile mark between section line roads. These half-mile connecting streets shall
be collector roads."
1. UDC 11- 3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the
state highway, be designed to accommodate future connectivity and access to all properties
fronting the state highway that lie between the applicant's property and the nearest section line
road and! or half mile collector road."
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation
The PP/AZ/RZ/CUPIPS applications appear to substantially comply with the Unified
Development Code. However, there are several areas of clarification and some modifications
required to both the site plan, cross access, public road design, and building elevations. Below
Bienville Square Subdivision
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are several special considerations for the P&Z Commission to review at the public hearing:
Analysis of Facts Leading to Staff Recommendation
1. AZ Application (AZ-05-057) Rezone (RZ-05-019): Based on the policies and goals
contained in the Comprehensive Plan and the general compliance of the proposed
development with the Zoning Ordinance, Staff believes that this is a good location for
the proposed development. Please see Exhibit D for detailed analysis of the required
facts and findings for a Zoning Amendment.
The annexation legal description submitted with the application (stamped on
10/24/2005 by Michael Marks, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
The applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
All future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development. All future uses shall
not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
UDC 1l.5B-3D provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses. Due to the
close proximity of existinll and future residential uses, staff believes that a
Development Aln"eement is necessary to ensure that this property is developed in a
fashion that is consistent with the comprehensive plan desilffiation and does not
nellativelv impact nearbv properties.
Staff believes that the Development Agreement should include the following
provisions:
Prior Development Alrreement: The site has an existing development agreement
Instrument No. 104107406. The entire 28.48 acres shall have a new development
agreement which shall incorporate the DA from the prior approval of 2003-2004 and
include any further restrictions as detailed in this report.
Phasing; Plan: Generally, the applicant anticipates the phasing plan to begin with the
commercial lots near the Eagle Road intersection and then continue development to
the south and east. Construction is anticipated to reflect market demand and
construction needs. Staff is supportive of this request but believes that some of the
amenities proposed with the development should be constructed prior to the
development build out. Therefore, that prior to issuance of any certificate of zoning
compliance all landscaping shall be constructed along the southern and eastern
property boundary and along Eagle Road to the point of connection with adjoining
projects. The commercial/office lots should include either a permanent easement or
be redesigned to include landscaping in common lots.
Fencing/t>athwya: The applicant has committed a plan to provide a pathway with
Bienville Square Subdivision
AZ-OS-OS7/PP-OS.059/CUP-05-052/RZ-05-0 19/PS-05-002 Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
specific fencing along the southern and western boundaries. The fencing plan shall be
constructed as detailed at the public hearing on April 4, 2006.
Non-Residential Buildinl!s: The applicant has requested a maximum of 54,000 square
feet of retail/restaur anti office spaces. Staff proposes to limit the applicant to their
request with an allowance of up to 20% additional commercial square footage
(65,000) for more marketable conditions. The maximum square footage of one single
building shall not exceed Y:z of the maximum request.
Residential Buildings: The applicant has shown several elevations for both the alley
accessed residential, condominium, and detached single family residential products.
Staff supports these elevatiofls but would also Sl:li3port bett~r clarification of the
specific height, hulk, types of materials, aflEl. locations proposed for @ach type to
address the cenceras of adjoining pmf)@rty O'1{R@rs and to include '::ithin the DA.
The elevations shall be in substantial conformance to the elevations presented at the
April 18, 2006 hearing. These elevations shall have similar modulation and
treatments to the elevations presented to council as detennined by the Planning
Director.
Pathways: The applicant shall coordinate with the Meridian Parks Department and
Nampa Meridian Irrigation District to define the location of the multiuse pathway,
bridge maintenance, and landscaping along the Finch Lateral. The applicant shall
comply with all design and maintenance standards as defmed by UDC ll-3A-8 unless
specifically waived by the Meridian City Council.
That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this
project will have to 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 all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses
shall not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
2. PP Application (PP-05-059): The proposed preliminary plat substantially complies
with the Zoning Ordinance.
Special Considerations:
Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of
the internal streets/drive aisles. The sidewalks may be detached from the curb with a
5-foot wide landscape strip. The proposed landscape strips do not include trees, only
grass. The applicant is proposing to plant trees on the back side of the sidewalks, but
staff believes that the trees should be planted between the curb and the sidewalk to
provide the pedestrians with cover and to make the streetscape more attractive, The
width of the planter strip between the sidewalk and the curb should be increased to a
minimum of 8-feet wide and include Class II trees. Since the applicant has submitted
a plan which is conceptual in nature staff feels the sidewalk locations shall be made
Bienville Square Subdivision
AZ-05-057/PP-05-059/CUP-05-052/RZ-05-0 19/PS-OS-002 Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
consistent with the UDC including drive aisles which shall include at a minimum a 5'
attached sidewalk or 4' detached sidewalk.
Land Use Buffers: UDC requires landscape buffers between different land uses. Per
UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family
homes and C-G zoned property. The UDC requires the land use buffer to be provided
by the higher intensity use and to be located on the building site of the higher
intensity use, unless the adjacent and higher intensity use has not provided the buffer.
The applicant is showing a 30-foot wide buffer between the single-family homes and
the detached single family residential lots, as well as the commercial and multifamily
lots on the landscape plan, but the buffer is not shown on the preliminary plat. The
applicant should be required to create a 30-foot wide landscape buffer lot along the
lots that abut the single-family lots. Said buffer shall contain materials in accordance
with UDC 11-3B-9 and not include impervious surfaces such as parking areas or
driveways. The pathway proposed shall be landscaped in accordance with UDC 11-
3B-12. See Exhibit B below.
Landscape Street Buffers:
Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified
arterial roadways and entryway corridors. Eagle Road is classified as an Arterial
Road. On the submitted landscape plan, the applicant is proposing to construct a
35-foot wide street buffer along Eagle road. The applicant should be required to
depict the required street buffers on the face of the final plat in an easement or
place the required buffers in common lots as per UDC 11-3B. See Exhibit B
below.
Commercial Streets; UDC 11-2B requires a lO-foot wide street buffer along
commercial roadways. On the submitted landscape plan, the applicant is
proposing to construct a lO-foot wide street buffer along both sides of W.
Bourbon Street and Cajon Court. However, the street buffer easements are not
labeled on the plat. The applicant should be required to depict the required 10-
foot wide street buffer easements along local roads on the face of the [mal plat.
Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this
parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying adjacent and contiguous to the area
being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation
facilities located on site with the exception of the Finch Lateral. See Exhibit B below.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water (UDC 11-3A-15). The applicant should
be required to utilize any existing surface or well water for the primary source. If a
surface or well source is not available, a single-point 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 final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in
accordance with City Code. See Site Exhibit B below.
Fencing: The applicant is showing a six foot cedar and block fence along the
perimeter of the property which would meet the standards of the UDC. A detailed
fencing plan should be submitted upon application of the [mal plat (UDC 11-3A-7).
If permanent fencing is not provided, temporary construction fencing to contain
Bienville Square Subdivision
AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
debris must be installed around the perimeter prior to issuance of a building pennit.
All fencing should be installed in accordance with City Code. The applicant has
submitted a revised fencing request as directed by the Planning Commission on
2/2/06, The request is for a six foot open vision fence along the Finch Lateral and a
composite fence along the southern boundary, The Planning Commission approved
the redesigned fencing plan along the finch lateral and a consistent block fence along
the western property boundary with a consistent fence approved in the Sadie Creek
Subdivision project. See Exhibit B below.
Cross-access Internal: There are some commercial lots that do not have frontage on a
public street. Instead the applicant is proposing to provide cross-access easements to
the lots that do not have public street frontage. Because several of the proposed lots
do not have frontage on a public street, the applicant should provide a cross
parking/cross access agreement for all of the lots within the office and commercial
portions of the subdivision to use the driveways and parking aisles. The site will be
redesigned if not granted access to Eagle Road by the Meridian City Council and/or
lTD. The Commission has conditioned the Sadie Creek Project to provide at least one
of the non-signalized access points to Ustick Road to be designed to serve as a
commercial collector for interconnectivity to the north and south and vehicular
movement in the north/south direction. Maintenance of the drive aisles and parking
areas should be provided for in a note on the face of the fmal plat, AND/OR in a
document such as CCRs. See Exhibit B below.
Cross-access North: The applicant shall be required to provide cross access to the
parcels north of the site. The project is a portion of a larger site project (Kissler
Annexation) and the sites shall maintain consistent traffic flow for the entire site.
Eagle Road Access: The Idaho Transportation Department (ITD) has a policy for
access to a Type N Principal Arterial will be at intersections only, and spaced at one-
half mile intervals in urban areas. ITD allows approaches (other than intersections) in
special cases and on a temporary basis. The access point shown at approximately
1,000 feet south of the Ustick Eagle Road intersection shall be eliminated as it does
not meet criteria of either ITD or the Meridian Comprehensive Plan. However, the
this property immediately south of the site has been developed by Ada County which
makes a break in the area which does not allow for a frontagelbackage road to be
created on the south west side of Eagle and Ustick. The applicant has an open
application with ITD for the access to Eagle Road.
3. CUP Application (CUP-05-052): The proposed Conditional Use request substantially
complies with the Zoning Ordinance.
1. Elevations: The applicant has submitted building elevations of the proposed structures.
The application lists the proposed building materials, including stone, brick, stucco and
timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19
requires all structures on property adjacent to an entryway corridor to comply with the
design standards listed in this section. Staff s interpretation of the UDC is that the
applicant may choose to place the "primary entrance" on an elevation other than the
public street side. However, the public street elevations (Ustick Road and the new road
on west boundary) must still meet the other standards listed in 11-3A-19 (except for the
primary entrance standards).
The elevations will need to be reviewed prior to issuance of CZC to comply with the
Bienville Square Subdivision
AZ-05-057/PP-05-059/CUP-05-052/RZ-05-019/PS-05-002 Page 15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-IEARING DATE OF 05102/06
following ordinance standards:
a) Facades: Facades visible from a public street shall incorporate modulations in the
fayade, roof line recesses, and projections along a minimum of twenty percent
(20%) ofthe length ofthe facade.
b) Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices.
c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall
be screened to the height of the unit as viewed from the property line.
d) Color and Materials: Exterior building walls shall demonstrate the appearance of
high-quality materials of stone, brick, wood or other native materials. Smooth-
faced concrete block, tilt-up concrete panels, or prefabricated steel panels are
prohibited except as accent materials,
2. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if
the refuse/service area on the west side of the buildings will be screened. UDC 11-3A-12
requires the visual and acoustic impacts ofthese functions are fully contained and out of
view from adjacent properties and public streets. The applicant's CZC application must
clearly demonstrate how this standard is met.
3. Cross Access: The property to the north will be providing two points of access for
interconnectivity and is directly tied with the existing Development Agreement for
providing a frontage road to Eagle Road. The applicant has provided a design consistent
with two points of access, one point at Sadie Creek Avenue and the second point for the
drive aisle approximately 700 feet west of the UsticklEagle intersection. There shall be
cross access with a section designed to meet private street standards with the second point
of access not designated as a public street.
4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access
N. Castille Street. The applicant has submitted a Private Street application as required
by UDC ll-3F-3. The private street standards are listed in UDC 11-3F. The applicant
shall design and construct the private streets in compliance with the standards listed for
Private Streets in UDC 11-3F Private Streets. See Exhibit B. The Meridian Fire and
Police Departments are requesting a minimum of 24' paved sections for alleys which
shall not apply to the R-15 district as this would exceed the standards set forth by ACHD
and the UDC.
5. Common/Open Space: The applicant has a qualified application meeting the
requirements ofUDC 11-3G. The proposal is showing 16.4% of qualified open space in
the residential district which meets the requirements of a minimum of 5% open space.
6. Multi-Use Pathway; The applicant is not showing but will be required to install a
multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along
the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa
Meridian Irrigation District. Currently, NMID has a 40' easement upon which the
Bienville Square Subdivision
AZ-05-057 fPP-05-059!CUP-OS-052/RZ-05-0 19/PS-OS-002 Page 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05';02/06
applicant is proposing to install the pathway. All NMID standard conditions shall be
applied to this site and all pedestrian access easements shall be enacted.
Staff will require the applicant to construct or bond for improvements to the multi~use
pathway prior to occupancy of any commercial building. The pathway connection is
listed as an amenity to the residents and users of the site and will be essential for
pedestrian connection from U stick Road to Eagle Road. The pathway with the associated
landscape standards will also buffer the future commercial uses and the transitional
residential lot sizes to the existing large lot Ada County Subdivision which surrounds the
site. Therefore, the pathway shall be a priority to be completed as soon as practical with
the future development ofthe site.
7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant
is showing qualified site amenities as follows:
ll-3G~3C-l - Quality oflife amenities - Picnic area/basketball court in Lot 10 Block 2
ll-3G-3C-2 - Recreation amenities - Clubhouse, in Lot 12 Block 1, temris courts in Lot
10 Block 2
11-3G-3C-3 - Bicycle circulation amenities - Several blocks are connected with an
internal 5' pathway which will be required to connect to the required Multi-use Pathway
along the Finch Lateral.
Amenities are generally located centrally and in common lots. These common lots shall
be maintained by the Bienville Square (Home or Business) Owners Association. The
landscape architect shall certify that one tree per 8,000 square feet of lawn has been
provided on the landscape plan.
Variance Application (V AR-05-022) the proposed access variance does not comply with the
Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for
V AR-05-023 for further analysis.
Listed below are various documents in the public record pertaining to this application. The
relevant point within each document and an analysis of those points follows (staff's analysis in
italics). For additional analysis, see the Variance Findings in the staff report for V AR,-05-023 for
the hearing date of March 14, 2006.
· Eagle Road Arterial Study - Pinal Report (April 2004)
This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of
the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric
Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The
study includes the following recommendations:
Para. 3.2.5, pg. 4: "!TD and ACHD should work together with the municipalities to
identify the specific public streets and private approaches on Eagle Road to be
closed, over time, via access consolidation, provision of secondary access, etc. . ."
ACHD has provided three access points to the site which lie along the broadest
dimension of the site, The depth of the site would preclude any access to Eagle Road
which would consolidate the accesses to the new public street (Sadie Creek Avenue)
Bienville Square Subdivision
AZ-05-0S7/PP-OS-059/CUP-OS-OS2/RZ-05-019/PS-OS-002 Page 17
...:.
CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF 05/02/06
or the approved approaches to Ustick Road. These approaches all lie within 570
feet of Ustick Road which would be an acceptable length of which commercial users
would expect public road access.
Para. 3.2.6, pg. 4: "The existing circulation network within and between existing
developed parcels should be reconfigured to reduce the number of access points to
Eagle Road and to allow more local trips to be made without the need to travel on
Eagle Road, This concept should be incorporated into municipal planning and zoning
policies. . ."
Meridian's adoption of the UDe, Article H, demonstrates the City's commitment to
reducing the number of trips and potential accidents on Eagle Road.
. Traffic Accident Data
Finally, to conclude staffs analysis, we obtained 2004 accident data from the Meridian Police
Department for the Eagle Road corridor. Ofthe top 10 intersections in Meridian for total
number of accidents, six of those intersections were along Eagle Road/SH55 (Overland,
Magic View, 81. Luke's, Franklin, Lanark and Fairview).
BienvilIe Square Subdivision
AZ-OS-OS7 fPP-OS-059/CUP-OS-052/RZ-OS-0 19fPS-OS-002 Page 18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE/FAIRVIEW 82
FAIRVIEW/LOCUST GROVE 46
MERIDIAN/OVERLAND 44
EAGLE/FRANKLIN 41
FAIRVIEW/RECORDS 39
EAGLE/MAGIC VIEW 30
EAGLE/LANARK 28
EAGLE/ST LUKES LN 26
MAIN/FRANKLIN 23
EAGLE/OVERLAND 20
h12004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a
direct correlation between the number of access points/intersections along a roadway and the
potential for accidents. The higher the accessibility, the lower the mobility. While staff is not
arguing that every new driveway or public street access to Eagle Road will cause or be
directly responsible for accidents, we do believe restricting the number of new accesses helps
to ensure a safer roadway.
9b. Staff Recommendation: Based on the above analysis, staff finds the AZ//RZ/PP/CUPIPS
applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC
standards. As noted under "Special Considerations," we recommend the building elevations be
submitted in compliance with the entryway corridor standards, the access point to Eagle Road be
eliminated and redesigned, and a private street section for cross access provided to the south be
added to the preliminary plat in place of the proposed Eagle Road access. We recommend
approval of the AZIRZIPP/CUP/PS application with the conditions shown in Exhibit B.
10. EXHIBITS
A. Drawings
1. REVISED Plat (by Red Cliff Development, no date - Stamped February 13, 2006)
2.Preliminary Plat (by Stanley Consultants, no date)
3. Landscape Plan (by The Land Group, dated October 13, 2005)
4. Site Plan (dated July 9,2005)
B. Legal Descriptions
C. Conditions
1. Planning Department
2. Public Works
3. Fire Department
4. Police Department
5. Parks Department
Bienville Square Subdivision
AZ-05-057/PP-OS-059/CUP-05-052/RZ-05-0 19/PS-OS-002 Page \ 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
6. Sanitary Services
7. ACHD
D. Required Findings from UDC-
1. Annexation
2. Rezone
3. Preliminary Plat
4. Conditional Use Permit
5. Private Street
Bienville Square Subdivision
AZ-05-057/PP-05-059/CUP-05-052/RZ-05-0 19IPS-05-002 Page 20
":
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
Exhibit AI: Amended Site Plan Dated February 13, 2006 (Red Cliff Development)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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Exhibit A Page 4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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Exhibit A3: Landscape Plan Ll.l(The Land Group) Dated October 13, 2005
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Bienville Square Subdivision
Exhibit A Page 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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Exhibit A Page 6
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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Exhibit B: Legal Description - Subdivision
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
OCTOBER 13, 2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL "Dn OF RECORD OF
SURVEY NO. 6418 AND OF THE NE ~ OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1
E., 8.M., THENCE S 00000'00" E 677,57 ALONG THE EAST LINE OF SAID
SECTION 5 TO A POINT;
THENCE N 83"54'00" W 57,36 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE S 01014'39" W 974.96 FEET ALONG SAID RIGHT OF WAY TO A
POINT;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING:
THENCE N 44"05'18" W 227.63 FEET TO A POINT;
THENCE N 72024'04" W 221,28 FEET TO A POINT;
THENCE S 77"26'30" W 667.38 FEET TO A POINT;
THENCE N 72~35'42" W 233.35 FEET TO A POINT;
THENCE N 00015'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A
POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE S 71 "28'1 0" E 803.90 FEET TO A POINT:
THENCE S 83'54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION. COMPRISING 27.36 ACRES. MORE OR LESS.
SADlli-PARCEL r\
Bienville Square Subdivision
Exhibit B Page 1
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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Exhibit B Page 3
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- CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05102/06
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Exhibit B: Legal Description ~ Annexation
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
ANNEXA nON
OCTOBER 24, 2005
A PARCEL OF LAND BEING A PORTIONS OF THE NE Y. OF SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T 3 N., R.1
E., 8.M., THENCE S 00.00'00" E 955.14 ALONG THE EAST LINE OF SAID
SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION:
THENCE S 00"00'00" E 691.06 FEET ALONG SAID SECTION LINE TO A
POINT:
THENCE N 90000'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY OF EAGLE ROAD;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOllOWING:
THENCE N 44"05'18" W 227.63 FEET TO A POINT;
THENCE N 72"24'04" W 221.28 FEET TO A POINT;
THENCE S 77"26'30' W 667,38 FEET TO A POINT:
THENCE N 72035'42" W 233.35 FEET TO A POINT;
THENCE N 00015'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE N 87"06'00" E 335.19 FEET TO A POINT;
THENCE N 77006'00" E 267.75 FEET TO A POINT;
THENCE S 79"07'00' E 319.00 FEET TO .A POINT:
THENCE N 89"54'00" E 200.00 FEET TO A POINT;
BIENVILLE-ANNEX
'.
\. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
Exhibit B: Legal Description - C~G (General Commercial)
DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION
C-G ZONE
OCTOBER 13,2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF
SURVEY NO. 6418 AND OF THE NE ~ OF SECTION 5, TOWNSHIP 3
NORTH. RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDfAN, ADA
COUNTY, IDAHO. BEING MORE PARTfCUlARl Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N" R. 1
E., B.M" THENCE S 00.00'00" E 677.57 ALONG THE EAST LINE OF SAID
SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 00"00'00" E 968,63 FEET ALONG SAID SECTION LINE TO A
POINT;
THENCE N 90"00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY OF EAGLE ROAD;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOllOWING:
THENCE N 44"05'18" W 227.63 FEET TO A POINT;
THENCE N 72024'04" W 213.51 FEET TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE N 00037'20" E 786.75 FEET;
THENCE S 83"54'00" E 434,01 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION, COMPRISING 8.73 ACRES. MORE OR lESS.
BIENV111,E.n)\1;\iiERCfAL
~ "
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
Exhibit B: Legal Description - R-15 (Medium High Density Residential)
DESCRIPTION FOR 81ENVILlE SQUARE SUBDIVISION
R15 ZONE
OCTOBER 13, 2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF
SURVEY NO. 6418 AND OF THE NE ~ OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R 1
E., B.M., THENCE S 00'00'00" E 677.57 ALONG THE EAST LINE OF SAID
SECTION 5 TO A POINT;
THENCE N 83054'00" W 434.01 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE S 00037'20" W 786.75 FEET;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING:
THENCE N 72024'04" W 7.77 FEET TO A POINT;
THENCE S 77"26'30" W 594.16 FEET TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE N 00037'20" E 132.52 FEET TO A POINT;
THENCE S 89022'40" E 105.87 FEET TO A POINT OF CURVATURE;
THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99049'13", A TANGENT OF
59,40 FEET AND A CHORD BEARING N 40"42'43" E 76.50 FEET TO A POINT
OF TANGENCY;
THENCE N 09011'53" W 171.74 FEET TO A POINT OF CURVATURE;
THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 57500 FEET, A DELTA ANGLE OF 20'28'023", A
TANGENT OF 103.81 FEET AND A CHORD BEARING N 01"02'08" E 204,3'\
FEET TO A POINT OF TANGENCY;
HiENCE N 11 "1608' 0,5:321 Ff.:ET TO A POINT Of O.lRV!\TunE
BIENVILl E"R-15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
THENCE 23228 FEET ALONG A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21"17'37", A
TANGENT OF 117.49 FEET AND A CHORD BEARING N 00"37'20" E 230.94
FEET TO A POINT OF TANGENCY;
THENCE N 10"01'28"W 111.52 FEET TO A POINT OF CURVATURE:
THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79021'123", A TANGENT OF
41.48 FEET AND A CHORD BEARING N 49"42'04" W 63,85 FEET TO A POINT
OF TANGENCY;
THENCE N 89022'40" W 148.60 FEET TO A POINT OF CURVATURE;
THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13'38'38", A
TANGENT OF 11.96 FEET AND A CHORD BEARING N 82033'21" W 23.76
FEET TO A POINT OF TANGENCY;
THENCE N 75044'02" W 41.56 FEET TO A POINT ON A CURVE;
THENCE 18,13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 300.00 FEET. A DELTA ANGLE OF 03027'42", A
TANGENT OF 9.07 FEET AND A CHORD BEARING N 15'59'49" W 18,12 FEET
TO A POINT OF REVERSED CURVATURE;
THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17'48'08", A TANGENT OF
46.98 FEET AND A CHORD BEARING N 08049'36" E 92.84 FEET TO A POINT
ON A CURVE;
THENCE S 71 "28'10" E 609.64 FEET TO A POINT;
THENCE S 83054 '00" E 133.56 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR lESS.
BrENVILLE-R-l5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02106
Exhibit B: Legal Description - R-8 (Medium Density Residential)
DESCRIPTION FOR BIENVllLE SQUARE SUBDIVISION
R8 ZONE
OCTOBER 13,2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL ~D" OF RECORD OF
SURVEY NO, 6418 AND OF THE NE Y. OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PART!CULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5. T. 3 N., R 1
E., B.M., THENCE S 00000'00" E 677.57 ALONG THE EAST LINE OF SAID
SECTfON 5 TO A POINT;
THENCE N 83054'00" W 567.57 FEET TO A POINT;
THENCE N 71028'10'W 609.64 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE N 71028'10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF
CAROL'S SUBDIVISION;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING:
THENCE S 00015'11" E 1129,35 FEET TO A POINT;
THENCE S 72035'42" E 233.35 FEET TO A POINT;
THENCE N 77"26'30" E 73.22 FEET TO A POINT;
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION:
THENCE N 00037'20" E 132.52 FEET TO A POINT;
THENCE S 89022'40" E 105.87 FEET TO A POINT OF CURVATURE;
THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING
A RADIUS OF 50,00 FEET, A DELTA ANGLE OF 99'49'13", A TANGENT OF
59.40 FEET AND A CHORD BEARING N 40042'43" E 76.50 FEET TO A POINT
OF TANGENCY;
THENCE N 09011'53" W 171.74 FEET TO A POINT OF CURVATURE;
THENCE 205 40 FEET .ALONC:; A CtFNE TO THE F~!(3HT SAJD CURl/I::'
H.;I/JNG;.\ PAO:US (IF 515.00 FEEf./\ DELTA !',NGLE OF 20'280<'3', i\
BIENVILLE.R.g
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
TANGENT OF 103.81 FEET AND A CHORD BEARING N 01 "02'08" E 204..31
FEET TO A POINT OF TANGENCY;
THENCE N 11"16'08" E 53.21 FEET TO A POINT OF CURVATURE;
THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 62500 FEET, A DELTA ANGLE OF 21017'37", A
TANGENT OF 117.49 FEET AND A CHORD BEARING N 00"37'20" E 230.g4
FEET TO A POINT OF TANGENCY;
THENCE N 10'Ol'28'W 111.52 FEET TO A POINT OF CURVATURE;
THENCE 69,25 FEET ALONG A CURVE TO THE LEFT, SArD CURVE HAVING
A RADIUS OF 50,00 FEET, A DELTA ANGLE OF 79021'123", A TANGENT OF
41.48 FEET AND A CHORD BEARING N 49~42'04" W 63,85 FEET TO A POINT
OF TANGENCY;
THENCE N 89"22'40" W 148,60 FEET TO A POINT OF CURVATURE;
THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 100,00 FEET. A DELTA ANGLE OF 13"38'38", A
TANGENT OF 11,96 FEET AND A CHORD BEARING N 82033'21" W 23.76
FEET TO A POINT OF TANGENCY;
THENCE N 75'44'02" W 41.56 FEET TO A POINT ON A CURVE;
THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SArD CURVE
HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03"27'42", A
TANGENT OF 9.07 FEET AND A CHORD BEARING N 15059'49" E 18.12 FEET
TO A POINT OF REVERSED CURVATURE;
THENCE 93.21 FEET ALONG A CURVE TO THE LEFT. SAID CURVE HAVING
A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 1r48'08". A TANGENT OF
46.98 FEET AND A CHORD BEARING N OB~49'36" E 92.84 FEET TO THE
REAL POINT OF BEGINNING OF THIS DESCRIPTION. COMPRISING 10,11
ACRES. MORE OR LESS.
BIENVILLE-R-8
CTTY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT POR THE HEARING DATE OF 05/02/06
C. Conditions of Approval
1. Planning Department
SITE SPECIFIC REQUIREMENTS- (Bienville Square)
The preliminary plat labeled as I prepared by Stanley Consultants, with no date, is approved, with
the conditions listed herein. All comments/conditions of the accompanying Annexation and
Zoning (AZ~05-057) and Conditional Use Permit (CUP-05-052) applications shall also be
considered conditions of the Preliminary Plat.
Create an open space lot for the proposed 30-foot wide landscape buffer along the south and west
boundaries. Said buffer area shall contain materials in accordance with ODC Il-3B and not
include impervious surfaces such as parking areas or driveways. A multi-use pathway shall be
located as depicted on the master site plan submitted February 13, 2006 and dated February 8,
2006, the construction of the pathway shall comply with UDC 11-3A-8
Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Eagle
Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides ofW.
Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an
easement adjacent to the rights of way.
The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with
these applications a landscape plan consistent with UDC 11-3B shall be submitted with the fmal
plat which reflects any changes made to the preliminary plat to redesign the subdivision
consistent with approved access points. ffie1l'laing but Rot lifl:Jited to full landscaping along Eaglo
Road ';:lrieh. e-lMfeRtly is listed as a right ia/right out aeeess.
A detailed fencing plan shall be submitted consistent with the master site plan dated February 8,
2006 and stamped received on February 13,2006 for fencing along the Finch LateraL All other
fencing shall remain consistent with the landscape plan dated October 13, 2006.
Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be
installed or a surety agreement shall be in place. Construction or bonding for the multi-use
pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville
Square Subdivision.
With the final plat application, submitted revised copies of the landscape plan with the changes
listed above.
Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision
Business/Home Owners Association(s).
Any roof-mounted mechanical equipment will be screened from view from any public right-of-
way. The applicant shall submit drawings at the time of CZC submission that demonstrate this
condition is complied with.
The applicant shall comply with the outdoor lighting standards shown in UDC 11- 3A-11.
The awnings on the east elevations shall extend at least 20 feet beyond the entry doors, measured
from the building face to the outer edge of the awning for the retail buildings. The applicant shall
submit a drawing at the time of CZC application submission to demonstrate compliance with this
condition.
1.1.12 Comply with DUC 11-3A-12 regarding a screen for the refuse/service area.
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
1.1.11
,.
~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for
the site, it must be located outside of any required street buffer. Impervious surfaces are
prohibited in said buffers.
1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed
from the site.
1.1.15 Provide cross access/cross parking agreement(s) for all lots in Bienville Square Subdivision. All
cross access drive aisles shall only approach the ACHD approved points of access to the public
street system. Maintenance of the aisle and parking areas shall be provided for in a note on the
face of the final plat, AND/OR in a document such as CCR's.
1.1.16 Other than the points of access approved by ACIID, City of Meridian, and ITD, direct lot access
to Eagle Road, is prohibited. A note shall be placed on the [mal plat restricting access to Eagle
Road. The planning commission supports the access point to Eagle Road as shown on the site
plan stamped February 13, 2006,
1.1.17 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
1.1.19 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to City Code.
1.1.21 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff.
1.1.22 All areas approved as open space shall be free of wet ponds or other such nuisances. All
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 11-3A-18.
If the stormwater detention facility cannot be incorporated into the approved open space and still
meet the standards of DUC 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.
1.1.23 The applicant shall submit a detailed fencing plan with the [mal plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.1.24 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
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1.1.25 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled, unless othetwise
approved by the Irrigation District(s). 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.
1.1.26 Staff s failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.1.27 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in
Sadie Creek Subdivision, Currently there is no sewer adjacent to this site and the City of
Meridian does not guarantee service in the timelines outlined in the UDC.
2.2 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.
2.3 Water service to this site is being proposed via extension of mains in Sadie Creek Subdivision.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10-inch
main,
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). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
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
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
2.7 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 use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
cOlll1ection 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 [mal plat by the City Engineer.
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2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users 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.
2.10 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.
2.11 The applicant has not indicated how the storm drainage from the proposed private streets will be
disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off.street parking areas
and private roads. Storm water treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and 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, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.14 All development improvements, including hut not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.15 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.16 It shall be the responsibility ofthe 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 Pennitting
that may be required by the Army Corps of Engineers.
2.19 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.20 All grading ofthe site shall be performed in conformance with MCC 11-12-3H.
2.21 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.
2.22 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
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elevation of the crawl spaces of homes is at least I-foot above.
2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense, Typical
locations are at street intersections and/or 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 permit from the Public Works Department prior to
commencing installations.
3. Meridian Fire Department
3.1 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.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location,
e. Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above fmish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3.3 All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI03.6 Signs.
3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping.
3.6 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.
3.7 Commercial and office occupancies will require a [rre-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 The new connnerciallot will have an unknown impact on Meridian Fire Department call volumes.
The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2800 in the year 2005 and 3800 by the year 2010.
3.9 The frre 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.
3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure.
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3.11 Provide a Knoxbox entry system for the complex prior to occupancy.
3.12 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection( s).
3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to
address this concern prior to the public hearing.
3.14 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.15 There shall be a ftre hydrant within 100' of all fire department connections.
3.16 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. Police Department
4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant
shall work with the Ada County Highway District to provide traffic calming design to decrease
travel speeds on Sadie Creek Avenue.
4.2 The proposed drive through has limited visibility from a public street. Prior to the next public
hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility
to the facility.
4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the
public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or
Planning Staff to discuss features that increase visibility, including but not limited to: doors and
windows that look out on the public areas, front porches, and adequate nighttime lighting. The
site plan and/or landscaping plan shall be revised in accord with those discussions.
4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street.
Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods
of increasing visibility to the facility.
4.5 The loading areas shall be separated from all public parking areas.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance 11-3B will be followed.
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I:; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance
5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron,
French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box
with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and
Recreation Department for specifications and tree box construction drawings.
6. Sanitary Service Company
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. ACHD
Site Specific Conditions of Approval
7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway
from a 40-foot commercial street section to a 36-foot wide street within 50-feet of right-of~way,
with curb, gutter and 5-foot wide concrete sidewalk.
7.2 Sadie Creek Avenue north of this site to U stick Road will need to be constructed and dedicated
prior to, or in conjunction with final plat approval for this site.
7.3 All local streets in the subdivision should be constructed as 36-foot street sections within 50-feet
of right-of-way with curb, gutter and 5-foot wide concrete sidewalk.
7.4 The proposed alley maybe constructed as a public alley if it is paved 16-feet wide within 20-feet
of right-of-way. OR The proposed alley may be constructed as a private drive/street, if it is
signed accordingly.
7.5 Bourbon Street shall tenninate in,a culdesac and shall not extend to SH-55.
7.6 Public road access to SH-55 is prohibited.
7.7 Provide a letter from ITD stating required improvements and access decisions.
7.8 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.11 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.12 Replace any existing damaged 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.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
7.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.14 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.
7.15 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.
7.16 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.
7.17 Payment of applicable road impact fees will be required prior to building construction in
accordance with Ordinance #200, also known as Ada County Highway District hnpact Fee
Ordinance.
7.18 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 (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.19 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 Disttict.
7.20 Any change by the applicant in the planned use of the property which is the subj ect 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.
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% CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
Exhibit D. Required Findings from Zoning Ordinance
UDC 11-5B.3E. Annexation/Rezone Findings:
The commission and council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
A. The map amendment complies with the applicable provisions of the comprehensive
plan;
In Chapter VII of the Comprehensive Plan, 'Mixed Use Regional' is defmed as areas
including commercial and residential development consistent with auto and service
oriented uses. The Council fmds that the requested General Commercial (C-G) zoning
designation is in accord with the Comprehensive Plan's Future Land Use Map, which
A..::lt.l~_o"'+.c:ton .1,L:to n''')....;'''''........ __r.._I"lI.-i-....,........ "1\ Jf..:_r........:J TT_ T'liI
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1< CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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Exhibit D. Required Findings from Zoning Ordinance
UDC 11-5B.3E. Annexation/Rezone Findings:
The commission and council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
A. The map amendment complies with the applicable provisions of the comprehensive
plan;
In Chapter vn of the Comprehensive Plan, 'Mixed Use Regional' is defined as areas
induding commercial and residential development consistent with auto and service
oriented uses. The Council fmds that the requested General Commercial (C-G) zoning
designation is in accord with the Comprehensive Plan's Future Land Use Map, which
delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district
is "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."
The Council fmds that the proposed zoning is in general conformance with the
comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;;
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary that proposes commercial products for the subject site (PP-05~059! CUP-05-
052). The Council does not anticipate that the applicant plans to rezone the subject
property in the future if the accompanying PP application is approved.
The Council fmds that the various proposed commercial uses would be allowed
(permitted) within the requested C.G zone. The site is being proposed as three portions
of commercial, high density residential and medium low density residential and upon
build out staff would not anticipate changes of usage for this site.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The applicant has submitted elevations for the proposed commercial and residential units
and has agreed to use the design guidelines for commercial projects along gateway
corridors when designing building facades. Staff fmds that the proposed C-G zone with
the proposed retail, office and restaurant uses, if designed, constructed and operated in
accordance with adopted city ordinances, should be harmonious and appropriate in
appearance with the intended character of the vicinity. The site is intended for
commercial uses which, based on the Comprehensive Plan description, will have such
uses as retail, wholesale, service and office uses, as well as appropriate public uses such
as government offices.
The Council finds that the R.15 zoning designation along a C-G General Commercial
will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation
along the western boundary of the site further transitions these uses from the low density
residential uses west ofthe site.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
The Council finds that the proposed development will change the existing character of
the area, which is still largely rural. However, the proposed development is generally
harmonious with the intended character envisioned by the Comprehensive Plan. The
Council does not find that the proposed zoning/uses will adversely change the essential
character of area.
The Commission and Council rely on public testimony (oral and written) to determine
whether or not the proposed use will be disturbing or hazardous to the existing or future
neighboring uses. The Council does not anticipate that the proposed uses will be
disturbing to future or existing neighbors, as long as landscaping, fencing and other
recommended conditions are exercised. Further, the Council does not anticipate that the
proposed uses will be hazardous as long as the applicant complies with the conditions
contained in Exhibit C and all City Code provisions.
D. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The applicant will be responsible for the extension of all utilities necessary to serve this
proposed development. Permanent sanitary sewer service to this development is to be
provided by the extension of sewer in Ustick Road and extended south through Sadie
Creek Avenue to be looped with extensions in Eagle Road. The applicant will be
responsible for the extension of utilities to and through this proposed development.
Sizing and routing shall be coordinated with the Public Works Department.
Other urban services, such as water, are near to this site and the applicant should be able
to extend such services to the site. Staff fmds that the subj ect site is proposed for
development in a fashion similar to other properties in the area.
The applicant and/or future property owners will be required to pay park and highway
impact fees.
ACHD had not submitted a staff report with site specific and standard conditions which
will be attached as Exhibit C prior to the hearing date of November 17, 2005.
On December 13, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments, the
Council fmds that except for sanitary sewer, the public services listed above can be made
available to accommodate the proposed development. The Commission and Council
reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police and school facilities and services.
The Council fmds there will not be excessive additional requirements at public cost and
that the proposed zoning and subsequent development will not be detrimental to the
community's economic welfare.
E. The annexation is in the best ofinterest ofthe City (UDc 11-5B-3.E).
If the applicant enters into a Development Alrreement (DA) with the City. the Council
finds that the annexation and zoning of this property to C-G. R-15 and R-8 would be in
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
the best interest ofthe City.
2. Preliminary Plat Findings: UDC 11-6B-6
In detennining the acceptance of a proposed subdivision, the Commission shall consider the objectives of
this Title and at least the following:
A. The plat is in conformance with the Comprehensive Plan;
Please see Annexation Findings Item A above.
B. Public services are available or can be made available and are adequate accommodate the
proposed development;
Please see Annexation Findings Items C and D above
C. The plat is in conformance with scheduled public improvements in accord
the City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost, the
subdivision will not require the expenditure of capital improvement funds.
D. There is public financial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The development will not be detrimental to the public heath, safety or general welfare; and
The Council is not aware of any health, safety or general welfare problems associated with the
development of this subdivision that should be brought to the Councilor Connnission's attention.
ACHD considers road safety issues in their analysis. Staff recommends that the Commission and
Council 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 staff is
unaware.
F. The development preserves significant natural, scenic or -historic features.
The Council is not aware of any natural, scenic or historic features which require preservation. The
applicant will be required to maintain, fence, and improve the waterways which are existing on this
site. Furthermore the applicant shall defme with the Parks Department the location of a multiuse
pathway which will further enhance the natural features of the Finch Lateral as well as providing an
additional use buffer.
3. Conditional Use Findings UDC 11-5B-6E
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use pennit if
they shall find evidence presented at the hearing( s) is adequate to establish:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
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'f, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
The Council finds that the site is 27.3 acres and is large enough to accommodate all required
parking, landscaping, loading and other standard regulations required by the une.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Council finds that the proposed residentiaVretaiVrestaurantloffice uses meets the objectives
of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the
UDC are not currently being shown by the applicant's site plan and building elevations.
Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building
elevations need to be submitted in compliance with the entryway corridor design standards. If
the applicant makes these changes, or an access variance is granted, this finding will be met.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area.
The Council finds that the proposed retail uses complies with the uses permitted in the C.G
zone and those uses allowed under the Development Agreement. The building height, parking
layout, landscape buffer widths and other dimensional standards shown in the application
generally comply with the UDe. The property adjacent to the west boundary to approximately
320 feet south of Us tick Road is zoned R-2 and is proposed as low density residential uses. The
applicant will be required to construct the proposed buffer between land uses to address this
less intensive use where commercial lots abut. The multifamily proposal is an appropriate
transition from the Commercial uses to the lower density residential uses which surround the
site.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Council fmds that the proposed development will not adversely affect other property in the
vicinity if the applicant complies with all CUPIPP/AZ /RZ conditions and constructs all
improvements and operates the use in accordance with the UDC standards. Traffic volumes
will significantly increase. However, both ACHD and ITD have reviewed the application and
placed special conditions on the applicant. These standards may include lighting, screening,
landscaping and other areas intended to mitigate potentially hannful effects.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation are available to the subject
property. A recently completed public-private partnership to improve Ustick Road to five lanes
and ACHD includes planning to install a traffic signal at the west boundary of the site shown at
Sadie Creek Avenue. The commercial land use should not have any impact on the school
system. Please refer to other comments prepared by the Meridian Fire Department.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
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6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Council finds that the applicant will pay to extend the sanitary sewer and water mains into
the site. No additional capital facility costs are expected from the City. The additional
commercial structures will improve the tax base for the City of Meridian. The applicant and/or
future property owners will be required to pay highway impact fees.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, staff does not believe that the amount generated will be detrimental to
the general welfare of the public. The Council finds the future buffer between land uses along
the property boundary and the use and Eagle Road buffers will help to mitigate noise, fumes
and glare created by the additional traffic.
8. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The applicant will be required to comply with all state and local ordinances regarding
conveyance of water and maintaining historic points of access. The Ada County Historic
Preservation Council's Site Inventory does not show any structures or places listed for the
subject property. The Council is unaware of any other scenic or historic features.
4. Private Street - UDC 11-3F-5
A. The Design of the private street meets the requirements of this Article;
The applicant will have to certify that the Ada County Street Naming Committee has accepted
the private street names. The design of the streets meets the standards as set forth in UDC 11-
3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on
site. The street width shall be a minimum of 26 feet of paved surface for all private streets
other than alleys.
B. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons property, or uses in the vicinity; and
The Council does not anticipate any hazard, nuisance or other detriment from the private
streets if they are installed and maintained as designed.
C. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
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~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06
The Council does not anticipate any conflict with the comprehensive plan. See findings above
for comprehensive analysis.