Three Corners Subdivision AZ 07-017ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 74 `;
BOISE IDAHO 02/28/08 01:41 PM
R€CORDEDa REQUEST OF ILI II~I~~IIII~~~~~~~~~~~~~~IIIIIII ~~~
Ciry of Meridian 1080~2~87
----
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. David J. Dean and, Luane I. Dean, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this 31S day of , 2008, by and between City of
Meridian, a municipal corporation of the State of I aho, hereafter called CITY, and David
J. Dean and Luane I. Dean, whose address is 1746 E. Dunwoody Court, Meridian, Idaho
83642, hereinafter called OWNERS/DEVELOPERS.
RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owners/Developers have submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested adesignation of C-C, Community Business District; R-
8, Medium Density Residential District; and R-2, Low Density
Residential District (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners/Developersrnade representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 1 OF 11
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 8~' day of January, 2008, 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 Owners/Developers to enter
into a development agreement before the City Council takes finial
action on annexation and zoning designation; and
1.9 OWNERS/DEVELOPERS 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 Owners/Developers to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian 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.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 2 OF 11
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 OWNERS/DEVELOPERS: means and refers to David J. Dean and
Luane I. Dean, whose address is 1746 E. Dunwoody Court, Meridian,
Idaho 83642, the parties that owns and is developing said Property
and shall include any subsequent owner(s) or developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-C, Community
Business District; R-8, Medium Density Residential District; and R-2,
Low Density Residential District, attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2A and § 11-2B which are herein specified
as follows:
Construction of 33 residential lots, 11 commercial lost and 10
common lots in the proposed C-C, R-8 and R-2 zoning districts on
40.4 acres. The pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 07-017 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owners/Developers shall develop the Property in accordance with the
following special conditions:
1. Development of the property shall substantially comply with the residential
elevations and building materials (stucco and fiber cement siding, concrete the or
architectural composition shingles and brick or stone accents painted in earth
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 3 OF 11
tone colors) and the conceptual site plan submitted with the subject application
(see Exhibit A), including the concepts outlined below.
- Pedestrian connections shall be constructed between commercial
buildings in the form of pathways distinguished from vehicular
driving surfaces through the use of pavers, colored or scored concrete,
or bricks;
- Commercial structures shall be built adjacent to roadways with
parking to the rear and sides of the structures;
- Minimum of 8 buildings with no one building exceeding 33,600
square feet. The maximum allowable non-residential square footage
for this development, excluding the private school, shall be 100,000
square feet.
- Provide the amenities as shown on the concept plan including but not
limited to a pond with water feature, a common pathway along the
perimeter and internal to the proposed development, picnic shelter
with barbeques, entry feature on Lot 1 Block 5 and an entry feature
highlighting the entrance into the development. The applicant shall
also provide an additional plaza area within the commercial portion
of the development to include sitting benches and a water feature.
- Windows, awnings, or arcades totaling at least 30% of the length of
the facade shall be provided for facades that are viewable from other
structures;
- Exterior building walls shall demonstrate the appearance of high
quality materials of stone, brick, wood, or other native materials
(acceptable materials include tinted or textured masonry block,
textured masonry block, textured architectural coated concrete panels,
or stucco or stucco like synthetic materials -smooth faced concrete
block, tilt-up concrete panels, or prefabricated steel panels are
prohibited except as accent materials;
- The commercial building design shall incorporate at least 2 changes
in one or a combination of the following: color, texture and materials;
- Rooflnes shall demonstrate 2 or more of the following: overhanging
eaves, sloped roofs, two or more roof planes, varying parapet heights,
and cornices;
- The primary building entrances shall be clearly defined by the
architectural design of the building.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. The Applicant shall be responsible for all costs associated with sewer and water
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 4 OF 11
service installation.
4. The following shall be the allowed uses on this property: Permitted and
accessory uses within the C-C zone. All conditionally permitted uses on the
subject site shall be subject to CUP approval.
5. 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.
6. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit and administrative design review approval from the Planning
Department prior to any commercial building construction on the subject
property.
7. Except for one full-access for the private school and one public street access to
Locust Grove Road, no other access points to Locust Grove Road or Chinden
Boulevard shall be allowed.
8. Construct a 35-foot wide landscape street buffer along Locust Grove Road and
Chinden Boulevard as proposed. Include the construction of a 10 foot wide
pathway adjacent to Chinden Boulevard in accordance with UDC 11-3H-4.
9. Construct a minimum 25-foot wide landscape buffer between all C-C zoned
property and residential uses.
10. Preserve a minimum 70-foot wide right-of--way for Chinden Boulevard, and
construct a minimum 10-foot wide pathway adjacent to the site.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns,
to comply with Section 5 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the City
has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or
any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION: Owners/Developers consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 5 OF 11
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owners/Developers and if the Owners/Developers fail
to cure such failure within six (6) months of such notice.
8. INSPECTION: Owners/Developers shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Owners/Developers, or Owners'/Developers' heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owners/Developers of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners/Developers, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 6 OF 11
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owners/Developers shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owners/Developers or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which
the Owners/Developers agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developers/Owners has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agrees
to abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY: OWNERlDEVELOPER:
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 7 OF 11
c/o City Engineer
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
with copy to: City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
David J. Dean and Luane I.. Dean
1746 E. Dunwoody Court
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 8 OF 11
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developerand City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the Meridian
Zoning Ordinance in connection with the annexation and zoning of the Property and
execution of the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
EVELOPERS
.f
DavidlJ.
~~
ua a I. Dean
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 9 OF 11
i
By:
MAYOR TA de WEERD
Approved by City Council
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STATE OF IDAHO, )
ss
County of Ada, )
On this ~~ s~ day of GI,YI V1 2008, before me, the
undersigned, a Notary Public in and for said State, perso ally appeared David I. Dean,
known or identified to me to be the person who signed the above and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL) ,,,,~„ ~-
Q~ gpR ~ otary Public for Idaho
,~~ ~, Residing at: ~aY' ~ ~ pl Ot
aOTA,~~, '~ My Commission Expires: ~ U 3b a 3
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DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 10 OF 11
STATE OF IDAHO, )
ss
County of Ada, )
S~
On this ~~ day of 2008, before me, the
undersigned, a Notary Public in and for said State, pers ally appeared Luane I. Dean,
known or identified to me to be the person who signed the above and acknowledged to me
that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL) N~anu~~~
~+`~ ~ NORp~, otary Public fo I aho
~? ~ Residing at: A~Ir' ~ ~ ~u' w
~ NOTARY ~
.. ~~ My Commission Expires: ~D 3
A~TB Oi' ~~* ,
STATE OF IDAHO )
ss
County of Ada
On this ~ day of , 2008, before me, a Not ry 3-a~ ~.~c
Public, personally appeared Tammy de Weerd and ~ know or ~Od1~1~
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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal .the da~ and year in this certificate first above written.
•~~. ~~~i~~~
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(SEAL) ;~''; ~'+ • ~~ ~ otary Public for Id~ah~o~ ~"~ ~
~ ', ~ O: Residing at: ~iou~eQ9 , 1'P
;••~`•, ,;`~~~G•~ • Commission expires: ~,b-11-11
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DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 11 OF 11
Legal Description
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULi'INO ENGINEERS, SURVEYORS AND PLANNERS
9777 CHIIJDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
Boise®cceogrco.com
Project: 071.21
Date: September 7, 2007
Revised: October 4, 2007
Page: 1 of 1
EXHIBIT "B"
Land Description of Properry for Annexation
To the City of Meridian, Idaho
A parcel of land located. in the North Half of the Northwest 1/4 of Section 29,
Township 4 North, Range 1. East, Boise )\4eridian, Ada County,:Idaho, being more
particulazly described. as follows:
BEGINNING at~the corner common to Sections 19, 20, 29 and 30; thence, along the
northerly boundary of said Section 29,
1) 5.89°26'41"fi:;~ 1326.49 feet to W 1/16 comer common to Sections 20 and 29;
thence,
2) 5.00°31'59"W., 1324.64 feet to the east-west centerline of the NWl/4 of said
Section. 29; thence. along said. centerline,
3) N.89°36'20"W., 1328.58 feet to the IV 1./16 corner common to Sec"tions 29 and
30; thence, along the westerly boundary of said Section 29,
4) N.00°37'24"E., 994.36 feet; thence,
5) N.00°37'24"E., 334.00 feet to the POINT OF BEGINNING.
CONTAIMNG: 40.4. acres, more or less.
SUBJECT TO all. Covenants, Rights, Rights-of--Way, Easements of Record, and any
Encumbrances.
EXHIBIT "C" attached, .and by this reference, made a part hereof.
REVIE ~ PP VAL
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MERIDIAN PU6LIC
VJGRKS DEPT.
(T17is description is based on record survey data and is for Annexation purposes only. A
field survey was not conducted.)
Fl:\07121\RRfilcs'.S~rvey\ExnB-Nw Parcel-Annea.da:
BOISE - COEUR d'ALGNE - CALDWELL
TOOTHMAN-ORTON ENGINEERING COMPANY
C~ONSUL'rINO ENGINEERS,~SURVEYORS,AND PIANNE1tS
9777 CHINDEN BOULEVARD
•BOISE, IDAH083774.2008
208-323-2288 FAX 208-323-2399
Boise®icengrco.com
Project: 07121
Date: September 7, 2007
Revised: October 4, 2007
Page: 1 of 2
EXHIBIT "ll"
Land Description of Property for Rezone to C-C Gone
A parcel of land located in fhe North half of the Northwest 1I4 of Section 29,
Township 4 North, Range 1. East, Boise Meridian, Ada County, Idaho; being more
particularly described as follows:
BEGI]VNING at the comer common to Sections 19, 20, 29 and 30.; thence, along the
northerly boundary of said Section 29,
].) 5:89°26'41."E., 1326.49 feet to W 1/16 corner common to Sections 20 and 29;
thence,
2) S.00°31'59"W., 342.50 feet; thence,
3) 5.58°l 1'08"W., 240.00 feet; thence,
4) N.24°02'58"VJ., 39.52 feet; thence,
5) Northwesterly along -a curve to the left having a radius of 300.00 feet, an arc
length of 342.45 feet, through. a central angle of 65°24'11 ", and a chord
beazing and distance of N•.56°45'03"W., 324.16 feet; th.:nce,
6) N.89°27'09"W., 187.49 feet; thence,
7) Southwesterly along a curve to the left having a radius of 300.00 feet, an arc
length of 269.24 feet, through a central angle of 51 °25' 19", and a chord
bearing anal distance of. 5.64°50'.1..1 "W., 260.30 feet; Thence,
8) S39°07'32"W., 15.56 feet; thence,
9) S.44°26'45"E., 1.83.17 feet; thence,
10) Southwesterly along a curve to the left having a radius'of 12].00 feet, an azc
length of 70.79 feet, through a central angle of 33°3.1'09", and a chord bearing
and. distance of 5.17°18'49"W., 69.78 feet; thence,
11) S.00°33'15"W., 14.83 feet; thence,
]2) 5.89°59'56"W., 3.09 feet; thence,
13) S.00°37'20"W., 730.62 feet to the east-west centerline of the NW 1/4 of said
Section 29; thence, along said east-west centerline,
H:\011? 1\WPfiles4Survey\Ex.hD-NUV Parcel-Rhone C-N.doc
BOISE • COEUR d'ALENE CALDWELL
TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 07121
Date: September 7, 2007
Revised: October 4, 2007
Page: 2 of 2
14)N.89°36'20"W.,~510.00 feet to the N l/.1.6 comer common to Sections 24 and
30; thence, along the westerly boundary of said Section 29,
15)N.00°37'24"E., 1328.36 feetto the POINT OF BEGINNING.
CONTAINING: 21.3 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of--Way, Easements of Record, and any
Encurubralices.
EXHIBIT "G" attached, and by this reference, made a part hereof
(This description is based on record survey data and is for Rezoning purposes only. A
field survey was not conducted,)
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Ii:107121\WPfilec\SurvejlEahD-NW Pazccl•Rezone C-N.doc 2
TOOTHMAN-ORTOlV ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777~CHINDEN BOULEVARD
BOISE; IDAH0837r4 2008
208-323-2288 FAX 206.323-2399
6oisegtoengrco.cam
Project: 07121
Date: September 7, 2007
Revised: October 4, 2007
Page: 1 of 2
EXHIBIT "E"
Land Description of Property for Rezone to R-2' Zone
A parcel of land located in. the North Half of the Northwest 1 /4 of Section 29,
Township 4 North, Range :l. East, Boise Meridian, Ada County; Idaho, being more
particularly described as follows:
COMMENCING at the corner common to Sections.l9, 20, 29 and 30; thence, along
the northerly boundary of said Section 29,
A) 5.89°26'41."E., 1.326.49 feet to the VJ ]/16 corner conunon to Sections 20 and 29;
thence,
$) S.00°31'59"W., 342.50 feet to the POINT OF BEGINNING; thence;
1) 5.00°31'59"W., 982.14 feetto the east-west centerline..,ftheNWl/4 of said
Section 29; thence, along said east-west centerline,
2) N.84°36'20"W., 818.58 feet; thence, leaving said east-west centerline,
3) N.00°37'20"E., 730.62 feet; thence,
4) N.89°59'56"E., 3.09 feet; thence,
5) S.00°33'15"VJ., 24.55 feet; thence,
6) Southeasterly along a curve to the left having a radius of 221.61 feet, an arc
length of 663.27 feet, through a central angle of 171°29'01", and a chord
bearing and distance of 5.89°26'45"E., 442.00 feet; thence,
7) N.00°33'15"E., 39.38 feet; thence,
8) Northwesterly along a curve to the left,having a radius of 121..00 feet, an azc
length of 1.8.48 feet, through a central angle of 08°45'07", and. a chord. bearing
and distance ofN.03°49'19"W.; 18.46 feet; thence,
9) 5.87°26'30"E., 169.18 feet; thence;
10) Northeasterly along a curve to the left having a radius of 125.00 feet, an arc
Length of ].9.47 feet, tluough a central .angle of 08°55'3", and a chord. bearing
and distance ofN.02°09'59"E.., 1.9.45 feet; thence,
H:\0712:11\~'Pfiles~Survey~ExhE~'VV Parcel-Rozone R-2.doc
BOISE • COEUR d'.4LENE CALDWELL
TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 07121
Date: September 7, 2007
Revised: October 4', 2007
Page: 2 of 2
11) Northwesterly along a curve to the left having a radius of 29.50 feet, an arc
length of 14.48 feet, through a central angle of 28°07'02", and a chordbearing
and. distance of 7\r.16°21'].8"W.,,14.33 feet; thence,
12) N.30°24'49"W., 36.25 feet; thence,
13) N.24°02'58"W., 15.69 feet; thence,
14)N.58°11'08"E., 276.33 feet to the POINT OF BEGINNING
CONTAINING: 12.87 acres, more or less.
SUBJECT TO al] Covenants, Rights, Rights-of--Way, Easements of Record, and 'any
Encumbrances.
;CXfIlBIT "G" attached, uid by ilv reference, made a part hereof.
(This description is based on record survey data dnd`is for Rezoning purposes only. A
field survey tivas not conducted.)
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H:\07121\WPfileal5un~ey\Fxh&I<tW Parcel-Raone R-2.doc
TOOTHMAN-ORTON ENGINEERING .COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83774-2008
208.323.2288 FAX 208.323-2399
lwiserJtoengrco:com
Project: 07121
:Date: September 7, 2007
Revisedt October 4, 2007
Paee: 1 of 2
EXHIBTT "F"
Land Description of Property £or Rezone to R-8 Zone
A parcel of land located in the North Half of the Northwest 1/4 of Section 29,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly described as follo~+'s:
COMMENCING at the corner conunon to Sections 19, 20, 29 and 30; thence,
along the northerly bounda7y of said Section 29,
A) 5.89°26'41"E., 1326.49 feet to the W 1/16 corner com3non to Sections 20 and 29;
thence,
$) S.00°31'59"VJ., 342.50 feet; thence,
C) 5.58°11'08"W., 240.00 feet to the POINT OF BEGINNING; thence,
1) 5.58°11'08"W., 36.33 feet; thence,
2) 5.24°02'58"E., 15.69 feet; thence,
3) S.30°24'49'E., 36.25 feet; thence,
4) Southeasterly along a curve to the right having a radius of 29.50 feet, an arc
length of 14.48 feet, ti3rough a central angle of 28°07'02", and a chord bearing
and distance of. S.16°2]' 1.8"W., 14.33 feet; thence,
5) Southwesterly along a curve to the right having a radius of 125.00 feet, an a7•c
length of 19.47 feet, through a central angle of 08°55'33", and a chord bearing
and. distance of S.02°09'59"W., 1.9.45 feet; thence,
6) N.87°26'30"W., 169.18 feet; ffience,
7} Southeasterly along a curve to the right having a radius of 121.00 feet, ari arc
length of 18.48 feet, through a central angle of 08°45'07", and a. chord bearing
and distance of S.03°49' 19"E., 18.46 feet; thence,
8) S.00°33'15"W., 39.38 feet; thence,
9) Northwesterly along a curve to the right having a radius of 221:61. feet, an arc
length of 663.27 feet, through a central angle of 171 °29' O 1 ", and a chord
bearing and distance ofN.S9°26'45"W., 442.00 feet; thence,.
H:\07121\WPfilesVSurveyUixhF-NW Parcel•Rezone R-S.doc
BOISE • COEUR d'AI.EI~TE CALDINELL
TOOTIiMAN-ORTON ENGINEERING COMPANY
Project: 07121
Date: September 7, 2007
Revised: October 4, 2007
Page: 2 of 2
10)N.00°33'15"E., 39.35 feet; thence,
11)I~rorthwesterly along a curve to the right having a.radius of 121.00 feet, an arc
length. of 70.79 .feet, tlvough a central angle of 3:3°31'0 ", and a chord bearing
and distance ofN.17°18'49"E., 69.78 feet; thence,
12)N.44°26'45"W., 183.17 feet; thence,
13)N.39°07'32".E., 15.56 feet; iheuce,
] 4) Northeasterly along a curve to the right having a radius of 300:00 feet, an arc
length of 269.24 feet, through a central angle of S] °25' 19", a~~d a chord
beazing and distance ofN.64°50'11"E., 260.30 feet; thence,
] 5) 5.89°27'09"E., 187.49 feet; thence,
16) Southeasterly along a curve to the right having a radius of 300.00 feet, an arc
length of 342.45 feet, through a central angle of 65°24'11", and a chord
bearing and distance of 5.56°45'03"E., 324.] 6 feet; thence,
17) S.24°02`58"E., 39.52 feet to the POINT OF BEGINNrNG.
CONTEIWING: 6.27 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way,.P.asements o.f Record, and any
Encumbrances.
EXI3TBIT "G" attached, and by this reference, made a part hereof.
(This description is based on record survey data and is for Rezoning.purposes only. A
field survey was noT conducted.)
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H:\07121 \R'Pfites`Survey\ExhF-tJ4V Parcel-Rewne R-S.doc 2
.. .. _.
CITY OF MERIDIAN ~
orrcLUSIONS ~ E ~ LDIAN~~=
FINDINGS OF FACT, C I `D A H O
OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 40.4 acres from RUT (Ada County) to
C-C (Community Business District) (21.3 acres), R-8 (Medium Density Residential) (6.27
acres) and R-2 (Low Density Residential) (12.87 acres); preliminary Plat of 541otss 33
residential lots,ll commercial lots and 10 common lots in the proposed C-C, R-8 and R-2
zoning districts; and alternative compliance for the 10 foot wide landscape buffer adjacent
to local streets, by David Dean.
Case No(s). AZ-07-017, PP-07-021 and ALT-07-015
For the City Council Hearing Date of: December 18, 2007 (Findings on the January 8, 2008
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 18, 2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 18, 2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 18, 2007 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon ii by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of
Meridian has, by ordinance, established the 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 FiNDLNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-017, PP-07-021., ALT-07-015
-1-
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governrnentai
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 i.n 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 Flat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of December
18, 2007 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 § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated October, 2007 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of December 18, 2007 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 obtain the city
engineer's signature on the 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
i~n an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, maybe considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
CITY OF MERIDIAN FRVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-07-017, PP-07-021, AL.T-07-015
-2-
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council Inay require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe 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 December 18, 2007.
CITY OF MERIDIAN FINDRVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-017, PP-07-021, ALT-07-015
-3-
By action of the City Council at its regular meeting held on the ~ ~ day of
~, 2007.
COiJNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~
COUNCIL MEMBER KEITH BIRD VOTED~_
TIE BREAKER
MAYOR TAMMY de WEERD VOTED ~~~
~.
\`~ ~ ~, DE WEERD
ATTEST: Teo
= 8~~~ =
~i
WILLIAM G. BERG, JR., CI '- T ~~ ,Ap ,~~
t ~ ~ dr
Copy served upon: Applicant
arming Department
ublic Works Department
City Attorney
By; Dated: ~ -~~''~g
': Clerk's Office
CITY OF MERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-0i7, PP-07-021, ALT=07-O15
-4-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
STAFF REPORT
Hearing Date:
TO:
FROM:
December 18, 2007
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
_~ E. IDIAN~--
IDAHQ
SUBJECT:
Three Corners
• AZ-07-017
Annexation and Zoning of 40.4 acres from RUT (Ada County) to
C-C (Community Business District) (21.3 acres), R-8 (Medium Density
Residential) (6.27 acres) and R-2 (Low Density Residential) (12.87 acres)
• PP-07-021
Preliminary Plat of 54 lots: 33 residential lots, 11 commercial lots and 10
common lots in the proposed C-C, R-8 and R-2 zoning districts
• ALT-07-015
Alternative compliance for the 10 foot wide landscape buffer adjacent to
local streets (LJDC 11-2B-3)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
'The applicant, David Dean, has applied for Annexation and Zoning of 40.4 acres from RUT (Ada
County) to C-C (Community Business District), R-8 (Medium-density Residential) and R-2 (Low-density
Residential); preliminary plat approval of 54 lots consisting of 3'3 residential lots, 11 commercial lots and
10 common lots; and alternative compliance to allow the proposed officeJretal buildings to front along E.
Three Comers Trail with the center medians serving as the requirement for ten foot wide landscape buffer
adjacent to local streets.
In addition to the preliminary plat, the Applicant has submitted a conceptual site plan of how this site may
be developed with a mix of retail and office uses, a private school, patio homes and three quarter acre
estate lots. The site is expected to develop with office and retail uses with total square footages between
40,000 and 80,.000 square feet along Chinden Boulevard and a Private K-12 School adjacent to Locust
Grove Road is expected to have enrollment of 300 students. The proposed residential potion of the
development will transition from higher density residential patio homes located internally, to three-
quarter acre estate lots adjacent to the existing county subdivisions located along the southern and eastern
property boundaries. On the submitted conceptual plan, the Applicant has depicted one full-access
driveway to Locust Grove Road for the school site and one public street access for the remainder of the
development. There are a total of three public roads; one street provides full access to Locust Grove utto
the proposed development and provides internal connectivity with the proposed commercial and
residential developments and is stubbed in the southeast corner for future connectivity. The other two
public streets are a looped roadway providing access to the patio homes and a cul-de-sac roadway to
additional estate lots. The applicant has not proposed access to Chinden Boulevard with this application.
On November 1, 2007, the Planning and Zoning Commission recommended approval of a
Comprehensive Plan Map aznendment for this property (CPA-07-01.1) to change the future land use
designation from Medium-density Residential to Mixed-Use Community. The approval of the subject
applications is contingent upon Council approval of CPA=07=011.
Three Comers -qZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THEE HEARING DATE OF DECEMBER 18, 2007
The subject property is located at 6380 N. Locust Grove Road, at the southeast comer of Chiaden
Boulevard and Locust Grove Road in Section 29, Township 4 North, Range 1 East, B.M. Currently, the
site is agricultural land with an existing barn which is proposed to remain as part of the development. The
subject property is within the City's Area of Impact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT)
applications were subnnitted to the Planning Department for concurrent review. By City Ordinance, the
Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP
applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of
Three Corners Subdivision (AZ-07-017/PP-07-021/ALT=07-015); as presented in the Staff Report
for the hearing date of November 15, 2007, subject to the Findings of Fact listed in Exhibit D and
subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning
Commission heard these items on November 15 2007 At the public hearing the Commission moved
to recommend approval of the subiect AZ and. PP applications.
a Summary of Commission Public Hearing:
i. In favor• Tim Mokwa Representative John and Patricia Gridley
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Caleb Hood
bs Kev Issue(s) of Discussion by Commission:
i. The width of the proposed center medians.
ii. The. existing barn on the site.
iii. An entryway feature located in the center median entering the Patio Home
portion of the development rather than a water feature.
s, Kev Commission Change(s) to Staff Recommendation:
center medians.
ii. Condition 1 12 was changed to allow an entryway feature on Lot 1. Block 5 in
lieu of a water feature.
iii. Conditions 1 2 4 and 2 7 allows the existing barn to remain until time of final
platting for the portion of the development where the barn is located.
d, Outstanding Issue(s) for City Council:
i. None
The Meridian City ('onnctl heard these items on December 1$ 2002 At the n ~blic hearin .fie
Co nail annroved the subiect A7 and PP request.
i Tr fwnr• Tim Mnlr~ra (AT)nlicant's Representative)
vii. In opposition _None
viii. CQTnmenting: None
ix. Written testimony None
x. Staff presenting application• Caleb Hood
xi. Other staff cornrnentin~? o~anulication• None
g, Kev Issues of Discussion by Council:
i. None
L KgX Council Chan~ec to Staff/Commission Recommendation
_ n LYQl~.
Three Corners -AZ-07-017 / PP-07=01..21 /ALT-07-09 S PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant and public testimony, I move to recommend approval to the
City Council of File Numbers AZ-07-017 and PP-07-021 as presented in the Staff report for the
hearing date of November 15, 2007, with the following modifications to the proposed
development agreement and/or conditions of approval: (add any proposed rnodif cations.)
Denial
After considering all Staff, Applicant and public testunony, I move to recommend denial to the
City Council of File Numbers AZ=07-017 and PP-07-021 as presented during the public hearing
on November 15, 2007, for the following reasons: (you should state specific reasons for denial of
the AZ and PP requests.)
Continuance
After considering all Staff, Applicant and public testimony, I move to continue File Numbers
AZ-07-017 and PP-07-021 to the hearing date of (insert continued hearing date here) for the
following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 6380 N. Locust Grove Road, Section 29, Township 4 North, Range
1 East
b. Property Owners of Record:
David Dean
174.6 E. Dunwoody Court
Meridian, Idaho 83642
c. Applicant:
Same as above
d. Representative: Tim Mokwa, Toothman Orton Engineering
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Future Land Use Designation: Medium Density Residential
g. Description of Applicant's Request: The Applicant is requesting annexation and zoning,
preliminary plat approval for 54 commercial, residential and common lots on approximately
40.4 acres and alternative compliance for the ten foot wide landscape requirement adjacent to
local roads.
h. Applicant's Statement/Justification (see Applicant's application and letter): The subject
property is intended to develop with a mix of retail and office uses, patio homes, a private
school site and estate lots. Three distinct zoning designations are being requested to
accommodate the mixed use development. The C-C zoning district would allow for the
development of the school site along Locust Grove and professional offices and limited retail
uses adjacent to the Chinden Corridor. The residential component of the proposed
development also transitions from a higher density (Patio Homes) to estate lots. It is the
intention of the developer to create a Waxed use community that is pedestrian oriented by
providing pedestrian pathways through out the development and providing such amenities as a
pond, tot lots, gazebos and picnic areas. Please see Applicant's submittal letter for more
information.
Three Corners -AZ=07-017 / PP-07-0121 /ALT-07-O15 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
5. PROCESS FACTS
a. The subject application will in fact constitute an Annexation as determined'by City Ordinance.
By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public
hearing is required before the Planning & Zoning Corrunission and City Council on this
matter.
b. The subject application will in fact constitute a Preliminary Plat as determined by City
Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5,
a public hearing is required before the Planning & Zoning Commission and City Council on
this matter.
c. The subject application will in fact constitute an Alternative Compliance review as determined
by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11,
Chapter S, a public hearing is not required on this matter.
d. Newspaper notifications published on: October 29, 2007 and November 2, 2007 (Planning &
Zoning Commission); November 26 2007 and December 10 2007 (Gifu Council)
e. Radius notices mailed to properties within 300 feet on: October 19, 2007 (Planning & Zoning
Commission); November 21, 2007 (Gifu Council)
f. Applicant posted notice on site by: November 5, 2007 (Planning & Zoning Commission);
December 8.2007 (City Council)
6. LAND USE
a. Existing Land Use(s): There is an existing barn proposed to remain on site; the remainder of
the property is vacant agricultural land.
b. Description of Character of Surrounding Area: The subject site is surrounded by residential
subdivisions located on the north, east and south sides of the parcel. A church site and
Meridian Joint School District school site are located to the west of the property.
c. Adjacent Land Use and Zoning:
1. North: Single-family Residential, Banbury No. 6; zoned R-1-P (City of Eagle)
2. South: Single-family Residential Dunwoody Subdivision; zoned RUT (Ada County)
3. West: Church site and Central Academy High School; zoned RUT (Ada County) and
R-4
4. East: Single-family Residential, Fuller Ranehettes Subdivision; zoned Rl (Ada County)
d. History of Previous Actions: none
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is an existing main in Locust Grove.
Location of water: There is an existing maim in Locust Grove.
Issues or concerns: None.
2. Vegetation: There are some existing trees on the subject properties that should
either be preserved or mitigated for.
3. Flood plain: N/A
4. Canals/Ditches Irrigation: The Fuller Drain and the Karnes Lateral do exist on the site
and will require tiling per code.
5. Hazards: N/A
Three Comers -AZ-07-017 / PP-07=U121 /ALT-07-O15 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
6. Proposed Zoning: C-C, R-8, R-2
7. Size of Property: 40.4 acres
f. Summary of Proposed Streets and/or Access: The submitted Preliminary Plat shows afull-
access driveway on Locust Grove Road for the school site. The applicant is also proposing a
public street access onto Locust Grove located 240 feet south of Chinden Boulevard.No direct
lot access to Chinden is proposed. The internal public streets are all public. ACRD has not
provided Staff with comments regarding the proposed development. When cornrnents are
received, staff will include in Exhibit B.
g. Landscaping:
1. Width of street buffer(s): A thirty-five foot wide landscape buffer is required on Locust
Grove Road and Chinden Boulevard. Both roadways are designated as entryway comdors.
By ordinance, a 35-foot wide landscape buffer is required. Furthermore, iJDC 11-2B-3
requires a minimum 10 foot landscape buffer along local commercial streets. The applicant
has requested alternative compliance for this section of the code to allow the center medians
to meet the intent of this section of the code (analysis is provided in Section 10 below).
2. Width of buffers between land uses: A twenty-five foot wide land use buffer is required
between C-C zoned properties and residential properties. There are residential properties to
the south and east of the subject site.
3. Percentage of landscaped area: 40% for the commercial portion of the development and
future scliooi site. Although this calculation is high, majority of the landscaping will be the
3S foot landscape buffers adjacent to Locust Grove and Chinden Boulevard and playing
fields for the school site. The residential portion is providing 13% of open space for the
proposed development. This is exceeding the 10% requirement in accordance with UDC 11-
3G-3.
4.. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within
and around parking lots and micro pathways. The landscaping standards for parking lots will
be applied as part of the issuance of a Certificate of Zoning Compliance permit and the
micro pathways standards will be applied at the final platting of the project (see Exhibit B,
Development Agreement Provision$ and Conditions of Approval).
h. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross
floor area in commercial districts, per UDC 11-3C-6B. (See UDC 11-3C-6 for required
number of off-street parking spaces for residential use.)
i. Required Dimensional Standards for the C-C, R-8, and R-2 zones:
C-C Dimensional Standards
Front setback:0
Rear setback: 0
Interior side setback: 0
Maximum building height: SO feet
Maximum building size without design standard approval: 60,000 square feet
R-8 Dimensional standards:
Front setback: 20' to garage and 1 S' to living area
Rear setback: 12'
Interior side setback: S'
Three Comers -AZ-07-0'171 PP-07-012.1 /ALT-07-OI S PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
Maximum building Height: 35 feet
Lot Frontage: SO'
Minimum Lot Size: 5,.000 square feet
R-2 Dimensional standards:
Front setback: 20'
Rear setback: 15'
Interior side setback: 7.5' per story
Maxunum Building height: 35 feet
Lot Frontage: 80'
Minimum Lot Size: 12,000 squaee feet
j.. Subdivision Plat Information
1. Residential Lots: 33
2. Non:residential Lots: 11
3. Total Building Lots: 44
4. Common. Lots: 10
5. Other Lots: N/A
6. Total Lots: 54
k. Amenities: The applicant is proposing a variety of amenities on the site. Amenities include: a
pond, amulti-use pathway around the perimeter and internally to the site, a picnic shelter with
bazbeques, a water feature into the entrance of the patio homes, several grassy azeas adjacent
to a tot-lot and an entry feature highlighting the entrance into the development. See the
concept plan and landscape plan for details.
7. COMMENTS MEETING
On October 26, 2007, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Public Works Department, and Meridian Police Department. All of the received comments have
been included within this report (Exhibit B).
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is currently designated "Medium Density Residential" on the Comprehensive
Plan Future Land Use Map. However, the Applicant has requested a Map amendment to change
the designation of this site to "Mixed Use -Community" (CPA-07-011). On November 1, 2007,
the Planning and Zoning Commission forwarded on a recommendation of approval to change
the land use designation for this site from Medium Density Residential to Mixed Use -
Community. Prior to the City Council hearing date, all of the applications associated with this
site will be heard concurrently by the City Council. The conditions of approval for the AZ and PP
application are subject to the City Council's approval of the CPA on this site. Staff is assuming
Council approval of CPA-07-011.
)n Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area
that is situated in higlily visible or transitioning parts of the City where innovative and flexible
design opportunities are encouraged. The Mixed LJse -Community designation allows residential
density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential
building area, and is intended to allow a broad range of uses.
Three Corners -AZ-07-0'17 / PP=07-0121 /ALT-07-0IS PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends,
desirable goals and objectives, or desirable future situations for each planning component." Staff
has reviewed the subject CPA, AZ and PP applications and offers the analysis and
recommendations contained herein for the Comrnission and Council's consideration (Staff
analysis in italics).:
• When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
• Sanitary sewer. and water service will be extended to the project at the developer's expense.
• The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed, the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
• The subject lands currently lie within the jurisdiction of the Ada County Sheriffs 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 (ACFID). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
• The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of
the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
N, Objective D, Action item 2)
On the submitted concept plan, the Applicant is proposing two access points to Locust Grove
Road. One will provide access to the private school site and the other is a public street which
provides access and inter-connectivity to the mixed use development. Sta~`'is supportive of
both access points. However, Staff has not received comments from ACRD regarding the
proposed access points. No direct lot access to Chinden was proposed, and none is approved
with these applications.
• "Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)" (Chapter VII, Goal N, Objective D, Action item 4)
Chinden Boulevard and Locust Grove Road are designated as entryway corridors. By City
Ordinance, a 35 foot wide landscape buffer is required adjacent to both Locust Grove Road
and Chinden Boulevard.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
Three Comers -AZ-07-OI7 / PP-07-0121 /ALT-07-015 PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
The subject site will be responsible for installing and maintaining the appropriate landscape
buffers, parking lot landscaping and streetscape landscaping at the time said parcel is
developed.
• "Permit new ...commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staf, jbelieves that the future proposed education institution and associated office/retail uses
will, in fact, contribute to the variety of services located within the area and will complement
the existing and future residential developments.
• Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for
non-residential uses; up to 200,000 square feet of non-residential building area; residential
densities of 3 to 15 units/acre.
As part of PP and AZ applications, the applicant is proposing approximately 21 acres
(including the school site) for non-residential uses. The commercial portion of the
development is proposing non-residential building areas between 40, 000 and 80, 000 square
feet of offce and retail space. The applicant is proposing R-8 and R-2 zoning for the
residential portion of the mixed use community. Staff calculates the net density of the
proposed project at 2.8 units to the acre which is slightly below the Comprehensive Plans
standards for amixed-use community. However, due to the existing county subdivisions in
this area, staff believes the proposed density is appropriate. Staff is supportive of the mixed
use designation and f:nds the proposed development to be insubstantial compliance with the
City's Comprehensive Plan.
• Mixed Use standards, pages 102 and 103, Chapter VII:
Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to
identify key areas which are either infill in nature or situated in highly visible or
transitioning areas of the city where innovative and flexible design opportunities are
encouraged.
The highly visible location of this property, at the corner of Chinden Boulevard and Locust
Grove Road, makes it a good candidate for a quality mixed use development.
Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium
density residential uses, a transitional use is encouraged.
Staff believes that the proposed "M~xed-Use Community" land use designation jor this
property will be compatible with the surrounding properties adjacent to the site. The site is
expected to develop with office and retail uses along Chinden Boulevard and a Private
School site adjacent to Locust Grove Road. The proposed residential potion of the
development will also transition from higher density residential patio homes located
internally, to three-quarter acre estate lots adjacent to the existing county subdivisions. With
Three Comers -AZ-07-017 / FP-07-Ofi21 /ALT-07-OLS PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
the commercial uses along the major roadways to the transitioning of medium density
.residential to low density residential, staff believes the future development ojthe site will not
have an adverse impact on the surrounding uses.
Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office,
professional or residential) and at least one other type of land use. Exceptions may be granted
from smaller site on a case=by-case basis.
Staff is supportive of the proposed mix of retail/commercial and residential uses on this site.
Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to
neighborhoods within the section by both vehicles and pedestrians.
The conceptual plan provided by the Applicant shows excellent connectivity between the
residences and businesses as well as from the adjacent sidewalks on the streets.
Staff recommends that the Commission rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's development request is
appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory,
and conditional uses in the C-C zoning district. Personal and Professional Services and retai'1
stores are listed as principally permitted uses in the C-C district. There is a maximum building
size in the C-C district of 60,000 square feet before administrative design review is required.
However, due to their location on Entryway Corridors (Locust Grove Road and Chinden
Boulevard), design review will be required for all of the commercial buildings on this site.
b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide
for the retail and service needs of the community in accord with the Meridian Comprehensive
Plan. Four Districts are designated which differ in the size and scale of commercial structures
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. Residential Schedule of Use Control: UDC Table 11-2A 2 lists single-family dwellings as
principal permitted uses in the R-8 and R-2 zoning districts.
d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
AZ Applications: The annexation and zoning of this site is contingent upon City Council
approval of CPA-07-011 (see Section 8 above).
The applicant is proposing C-C, R-8 and R-2 zoning designations, which aze generally consistent
with the proposed Mixed Use -Community Map designation for this site. Approval of the subject
annexation and zoning request would allow the Applicant to obtain commercial (C-C) and
residential (R-8 and R-2) zoning designation for the subject property. According to UDC 11-2B-1
Three Comers -AZ-07-0fi7 / PP-07-0.121 /ALT-07-015 PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
and UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, a private
school, and single family residential are principal permitted uses in the proposed C-C, R-8 and R-
2 zoning districts. The Applicant has submitted a preliminary plat, a conceptual development plan
and building elevations showing how this site may develop with a mix of limited retail and office
uses, a private school site, patio homes and estate lots.
Based on the policies and goals contained in the Comprehensive Plan and the proposed
Future Land Use Map designation of Mixed Use -Community for this property, Staff
believes that the requested C-C, R-8 and R-2 zoning districts are appropriate for this
property. Please see Exhibit D for a detailed analysis of the required facts and findings for an
annexation.
The annexation and zoning legal description prepared by Daniel S. Young, PLS, dated October 4,
2007 and submitted with the application, is accurate and meets the requtrements of the City of
Meridian and State Tax Commission.
Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission
and City Council with the authority to require a property owner to enter into a DA with the City
of Meridian that may require some written commitment for all future uses. Due to the highly
visible location of this site, and the proposed mix of commercial and residential uses, Staff
believes that a DA is necessary in this instance. If the Commission or Council believe that
additional or different DA provisions then are provided herein are necessary to ensure that this
property is developed in a fashion that is consistent with the Comprehensive Plan and does not
negatively impact nearby properties, Staff recommends a clear outline of the commitments of the
developer be made.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) (at the tune of annexation ordinance adoption), and the
developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate
this process. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report
and be approved by the Council within 6 months.
Concept Plan: The Applicant has submitted a concept plan for this site demonstrating how both
the commercial portion and the proposed Private School site is to develop for this project. The
concept plan shows nine office buildings and a retail pad (NOTE: no building proposed on the
retail pad of the concept plan) located in the northwest corner of the commercial portion of the
development, at the comer of Chinden and Locust Grove. The applicant has indicated in the
application that cumulative square footages for the commercial site is expected to range from
40,000 to 80,000 square feet which is well below 200,000 square feet allowed for commercial
uses within the Mixed-Use Community designation. The concept plan also illustrates the
residential lot layout for the site. Internal to the development will be patio home lots transitioning
to custom home estate lots which staff finds compatible with the surrounding County
Subdivisions to the east and south of the subject site.
The concept plan for the school site illustrates the site design of the building and the associated
playground and play fields for future students. Staff is generally supportive of the conceptual site
design for this parcel. However, all commercial buildings including the school will require
future CZC and DR approval (see below for additional analysis).
Phasing Plan: The applicant is proposing to phase the project based on market demand. Phase 1
is to include the development of the school site (NOTE: the school site is proposing to phase the
property). Phase 2 will be the commercial portion of the development and Phase 3 and 4 include
Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
the residential portions (Patio Homes and Custom Homes) of the proposed development. Staff is
supportive of the phasing plan proposed by the applicant.
As mentioned above, the Private School site is proposing a phasing plan as well. The phasing
plan indicates phasing for future school expansions. All other improvements including the
parking lot, the ball fields and the playground should be bonded for and installed prior to
occupancy.
Access: Chinden Boulevard, a state highway, and Locust Grove Road aze both classified as
arterial roadways. The City typically tries to limit the number of access points to arterial streets
and linits access .points on Chinden Boulevard to the half mile. Except for one full-access
driveway to Locust Grove Road for the school site, and one full-access public street to Locust
Grove Road, no other access points to Locust Grove Road or Clinden Boulevazd should be
allowed with development of the subject property.
Amenities: The Applicant has .provided several amenities for the site. The concept plan shows an
entry way featue into the development, amulti-use pathway around the perimeter and internal to
the site, a pond, landscape street medians, tot-hot, abundant grassy open space, and picnic shelters
with bazbeques for the future residents. Staff is generally supportive of these amenities, and is
requu-ing such as a provision in the DA. Staff believes the applicant has done a great job
providing amenities to this development; however a central plaza with sitting benches and a
water feature should be required within the commercial portion of the development along
Chinden.
The Applicant has also done a great job of proposing pedestrian connections between the
proposed development and the adjacent future residential uses. The pedestrian walks should be
constructed as shown on the concept plan. However, in accordance with the requirements of
the UDC, the pathway along Chinden Boulevard should be constructed 10' in width (1,290
feet currently shown).
1Design Review (DR) and Certifcate of Zoning Compliance (CZC): According to the UDC, no
building or other structure shall be erected, moved, added to or structurally altered, nor shall any
building, structure or land be established or changed in use without a certificate of zoning
compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued
only in conformity with the provisions of this Title and shall be required before the issuance of a
building permit.
In addition to the residential structures that do not require CZC or DR approval, there are 9
office buihiiings, one retail building and 1 private school site proposed for this site. Because the
buildings will be located along Locust Grove Road and Chinden Boulevazd (both Entryway
Corridors), all of the commercial buildings on this site should be subject to design review
approval (see UDC Table 11-3A-19). The Applicant shall be responsible to obtain DR and CZC
permits from the Planning Department for all new commercial construction on the site prior to
issuance of building permits.
Building Elevations/Sizes: Front and rear building elevations were submitted for the Patio
Homes. proposed for this development. Building materials for the proposed homes include
stucco and fiber cement siding, concrete the or architectural composition shingles and brick or
stone accents painted in eazth tone colors. Staff is supportive of theses building elevations and
building materials.
As stated earlier, there are 11 commercial lots (including the private school lot) proposed for
this site. The applicant has submitted conceptual streetscape plans for the commercial portion of
Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE I l
CITY OF MERIDIAN PLATY ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007
the site and front elevations for the Private School but does not call out building materials. As
mentioned above the commercial buildings and the Private School for the proposed subdivision
will require design review. UDC11-3A-19C lists the design standards for buildings along
entryway corridors. The standards are as follows: 1) facades visible from public streets shall
incorporate modulations in roofline, roofline recesses and projections along 20% of the length
of the facade, 2) the primary building entrance shall be clearly defined by the architectural
design of the building. Windows and awnings or arcades shall total 30% of the facade facing
the public street, 3) roof design shall demonstrate two or more of the following: overhanging
eaves, sloped roofs, two or more roof [planes, varying parapet heights and cornices, 4) at least
two changes color, texture and materials shall be incorporated into the building design, 5) ail
ground level and rooftop mechanical equipment shall be screened to the height of the units, 6)
exterior building wails shall demonstrate the appearance of high quality materials of stone,
brick, wood or other native materials, and 7) no more than 70% of the off street parking area
for the structure shall be located between the front facade of the structure and the abutting
streets, unless the principal building and/or parking is screened from view by other structures.
All residential buildings on this site should substantially comply with the above mentioned
residential building materials and colors and all commercial buildings, including the
private school, should be subject to full compliance with future Design Review (UDC 11-
3A-19).
PP Application:
Dimensional Standards: The applicant is proposing three different zoning districts for this
I~ development. The commercial (C-C) portion of the development does not have dimensional
standards. The residential zoning districts (R-8 and R-2) require minimum lots sizes. The
minimwn lot sizes for the detached single family residences in an R-8 zone is 5,000 square feet
~ with a minimum of 50 feet of frontage; the R-2 standards require lot sizes of 12,000 with
' frontages of 80 feet. UDC 11-2A-2B1 allows properties fronting on cul-de-sacs have a minimum
frontage of 30 feet. The preliminary plat submitted indicates Lots 10 and 11 of Block 1 do not
meet the cul-de-sac frontage requirement and Lots 5, 6 and 8 of Block 6 do not the minimum
5,000 square feet requirement. These con: ections should be made prior to signature on the final
~ plat; al`1 residential lots should conform to the minimum dimensional standards of the UDC.
Access: As mentioned eazlier, the Applicant is proposing afull-access public street to Locust
Grove Road and a fall driveway access to the Private School site. Except for the driveway and
public roadway to Locust Grove Road, a note shah be placed on the Seal plat prohibiting direct
lot access to Chinden Boulevazd and limiting access to Locust Grove Road. In addition, across-
access/cross-parking easement/agreement shall be recorded for all commercial lots within the
~ subdivision.
Landscaping:
Locust Grove Road and Chinden Boulevard are designated as an Entryway Corridors. A 35-foot
wide landscape buffer is required adjacent to Entryway Corridors (LJDC Table 11-2B-3). The
Applicant is proposing a 35-foot wide landscape buffer along both Locust Grove Road and
Chinden Boulevard.
UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along locaUcommerciai streets. The
applicant has requested alternative compliance to allow the center medians serve as the required
landscaping adjacent to local streets. The intent of this request is to create an urban streetscape by
constructing the future office /retail buildings up to the street as submitted on the concept plan. In
Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 12
i
I
i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
i
Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-015
associated with the findings in Exhibit D. However, the proposed center medians should be
constructed a minimum of 10 feet in width measured inside of curbs and contain materials
j as shown on the landscape plan.
There are existing trees on this site. The applicant states some are to remain and be protected
during construction and others are to be removed. Any existing on-site tree over 4" in caliper that
is rernoved from the property shall be replaced by installing additional trees, being the equivalent
nurnlier of caliper inches of those removed. Required landscaping trees will not be considered as
replacement trees for those that are removed. The Applicant should coordinate a mitigation
plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed.
If the subject annexation and zoning application is approved, commercially-zoned property will
be adjacent to existing and proposed residential properties to the south and east. To buffer the
existing and proposed residential land uses to the south and east from future commercial (C-C)
uses on this site, a minimum 25-foot wide landscape buffer should be installed (LJDC Table 11-
2B-3). The applicant is proposing trees to be planted within the 25' sewer and irrigation easement
along the south and east side of the school site. City Code (UDC 11-3B-7) requires an additional
5'' buffer width where the buffer is encumbered by easements or other restrictions. An additional
5'of buffer width should be required to allow for the planting of trees along the southern
boundary of the school site. Landscape materials should be installed in accordance with UDC
11-3B-9 and create a barrier where the trees touch at the time of maturity.
The submitted landscape plan fails to show landscaping within the parking lots. Particularly trees
and other landscape materials should be installed within and at the ends of all the parking islands.
All internal and parking lot landscaping should be installed in accordance with UDC 11-3B-8.
Open Space: The applicant has provided 13% of landscaped usable open space, meeting the 10%
minimum required by UDC 11-3G-3A-1. With the above mentioned amenities and Staff s
recommendation of adding a plaza to the commercial portion of the development, Staff
finds the applicant in substantial compliance with [JDC 11-3G-3.
Pathways: As stated earlier, the proposed development is adjacent to Chinden Boulevard: State
Highway 20/26. The submitted concept plan illustrates a pathway spanning the entire length of
development along Chinden Boulevard. UDC 11-3H-4 requires the applicant be responsible for
constructing a 10 foot multi use pathway along Highway 20/26. Staff believes the applicant
should construct a ten foot pathway along Chinden Boulevard in accordance with UDC 11-
3H-4.
Development along State Highways: LJDC 11-3H-3 regulates any development along state
highways. Tlus section of the code also regulates access to State and Federal highways and future
right of way reservations for ITD. Chinden Boulevard linuts access to the half mile mark between
section lines. The applicant has not proposed any access points to Chinden Boulevard with the
submitted AZ and PP applications. As indicated on the preliminary plat for the project, the
applicant is responsible for reserving 70 feet of right way for future expansion of Chinden
Boulevard. Staff has conditioned this in Exhibit B below.
Existing Structures: The site currently contains an existing bam that the applicant is proposing
to remain. Because the existing barn is considered an accessory structure and is not
accompanied by a main living (principal) structure, it should be removed prior to the City
Engineer's signature on the final plat.
Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted
plans. Permanent fencing is not required. However., if permanent fencing is not provided,
Three Comers -AZ=07-017 / PP-07-012] /ALT-07-015 PAGE 13
CITY OF MERIDIAN PLANNING DBPARTMENT STAFF REPORT FOR THE }(FARING DATE OF DECEMBER 18, 2007
temporary construction fencing to contain debris must be installed around the perimeter prior to
issuance of a building permit for this site. Staff recommends that the Applicant, at the public
hearing, testify as to whether any permanent fencing will be installed on this site,
particularly around the perimeter.
Ditches, Laterals, and Canals: The Fuller Drain and the Karnes Lateral run through/along this
property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle=
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the fmai plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Staff recommends approval of Three Corners Subdivision (A7r07-017/PP-07-021/ALT-07-
015), as presented in the Staff Report for the hearing date of November 15, 2007, subject to the
Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B.
The Meridian Planning & Zonin Commission heard these items on November 15.2007. At the
public hearing the Commission moved to recommend approval of the subject AZ and PP
applications. ThP Mpr;~lian (`icy C~•~•+ctl heAr~1 these items on December 18.2007.. At_the oubLic
hearing the C'~~~ncil annroved the subject AZ an request.
11. EXHIBITS
A. Drawings
1. Vicuuty Map
2. Preliminary Plat (dated: October, 2007)
3. Landscape Plan (dated: October, 2007)
4. Phasing Plan
5. Site Plan for School Site (Phase 1)
6. Concept Plan
7. Elevations for School Site
8. Elevations for Office Buildings
9. Elevations for Patio Homes
10. Streetscape of Commercial Area
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
4. Police Department
5. Ada County Highway District (no comments received)
6. Settler's Irrigation District
7. Central District Health Department
C. Legal Descriptions & Exhibit Maps
D. Required Findings from Unified Development Code
Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
Vicinity Map
Exhibit A -Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
Preliminary Plat
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER I8, 2007
Phasing Plan
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Exhibit A - pagel2
CITY OF MERIDIAN PLANNINGDEPARTM.ENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
B. Conditions of Approval
1. p'I,ANNLNG DEPARTMENT
1.1 ANNEXATION/ZONING
1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on October
4, 2007 by Daniel S. Young, PLS) is accurate and meet the requirements of the City of Meridian
and Idaho State Tax Commission.
1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property.
Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the
City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption),
and the developer. The applicant shall contact the City Attorney, BiU Nary, at 888-4433
within 6 months of Council approval to initiate this process. The DA shall include, at a
minirnurn, the following:
Development of the property shall
building materials (stucco and
composition shingles and brick c
conceptual site plan submitted wii
concepts outlined below.
substantially comply with the residential elevations and
fiber cement siding, concrete the or architectural
r stone accents painted in earth tone colors) and the
i the subject application (see Exhibit A), including the
Pedestrian connections shall be constructed between commercial buildings in
the form of pathways distinguished from vehicular driving surfaces through the
use of pavers, colored or scored concrete, or bricks;
Commercial structures shall be built adjacent to roadways with parking to the
rear and sides of the structures;
Minimum of 8 buildings with no one building exceeding 33,600 square feet. The
maximum allowable non-residential squaze footage for this development,
excluding the private school, shall be 100,000 squaze feet.
Provide the amenities as shown on the concept plan including but not limited to
a pond with water feature, a common pathway along the perimeter and internal
to the proposed development, picnic shelter with barbeques, water entry feature
on Lot 1 Block 5 and an entry feature highlighting the entrance into the
development. The applicant shall also provide an additional plaza area within
the commercial portion of the development to include sitting benches and a
water feature.
Windows, awnings, or arcades totaling at least 30% of the length of the facade
shall be provided for facades that are viewable from other structures;
Exterior building wal•Is shall demonstrate the appearance of high quality
materials of stone, brick, wood, or other native materials (acceptable materials
include tinted or textured masonry block, textured masonry block, textured
architectural coated concrete panels, or stucco or stucco like synthetic materials
- smooth faced concrete block, tilt-up concrete panels, or prefabricated steel
.panels are prohibited except as accent materials;
The commercial building design shall incorporate at least 2 changes in one or a
combination of the following: color, texture and materials;
Rooflines shall demonstrate 2 or more of the following: overhanging eaves,
sloped roofs, two or more roof planes, varying parapet heights, and cornices;
Exhibit B -Paget
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
- The primary building entrances shall be clearly defined by the architectural
design of the building.
• All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
• The Applicant shall be responsible for all costs associated with sewer and water service
installation.
• The following shall be the allowed uses on this property: Permitted and accessory uses
within the C-C zone. All conditionally permitted uses on the subject site shall be subject to
CUP approval.
• All fuhue 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.
• The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit and administrative design review approval from the Planning Department prior to any
commercial building construction on the subject property.
• Except for one full-access for the private school and one public street access to Locust Grove
Road, no other access points to Locust Grove Road or Chinden Boulevard shall be allowed.
• Construct a 35-foot wide landscape street buffer along Locust Grove Road and Chinden
Boulevard as proposed. Include the construction of a 10 foot wide pathway adjacent to
Chinden Boulevard in accordance with UDC 11-3H-4.
• Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and
residential uses.
• Preserve a minimum 70-foot wide right-of--way for Chinden Boulevard, and construct a
minimum 10-foot wide pathway adjacent to the site.
Preliminary Plat
Site Specific Conditions
1.2.1 The 54-lot preliminary plat prepared by Toothrnan-Orton, dated October, 2007 (attached in
Exhibit A), is approved, with the conditions listed herein. Any future development agreement
shall also be considered conditions of the Preliminary Plat (PP-07-021). ,All lots, including Lots
10 and 11, Block 1 and Lots 5, 6, and 8, Block 6, shall meet the minimum dimensional
standards of the zoning distract.
1.2.2 Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and
Locust Grove Road, except for the full-access driveway to Locust Grove Road for the school
site and the public street access into the development. Said public street (E. Three Comers
Trail) shall be stubbed into the southeast corner of the property for future connectivity, as
proposed.
1.2.3 Across-access/cross-parking easement/agreement shall be recorded for all commercial lots
within the subdivision. All lots within the subdivision shall have access to the access points
approved in this application. This agreement shall be recorded and a copy of said agreement
Exhibit B -Page 3
CITY OF MERIDIAN PLAMdING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be
added to the face of the final plat granting said cross-access.
1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed.
The existine barn may remain until the portion of the development containine the barn is final
lap teed.
1.2.5 The landscape plan prepared by Toothman-Orton, dated October 07, labeled Sheets 6 8i 7
(attached in Exhibit A), is approved with the following notes/changes:
• Provide a minimum 35-foot wide landscape buffer along Locust Grove Road and Chinden
Boulevard. A 10 foot wide pathway shall be ~ constructed along Chinden Boulevard. All
landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street
Buffers.
• Provide a 25' landscape buffer adjacent to the existing and proposed residential uses to the
south and east of the school site and at the northeast corner of the site (along Lot 2, Block 9).
An additional 5 foot wide buffer width shall be added to the southern and eastern boundary of
the school site to allow the trees to be planted outside of the sewer and irrigation easements
per UDC 11-3B-7C-lb. All landscape material shall be installed in accordance with UDC 11-
3B-9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the
time of maturity.
• In lieu of the 10-foot wide street buffer adjacent to E. Three Corners Trail, construct center
medians (ALT-07-015). Said medians should be constructed at a minimum of ~-A 9 feet in
width. measured inside of curbs and contain materials as shown on the landscape plan.
• Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
• A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan. All standards of installation should
apply as listed in UDC i 1-3B-14.
Submit revised landscape plans to the Planning Department with the submittal of the final plat
application.
1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If a creek or well
source is not available, asingle-point connection to the domestic water system shall be
required. If a single-point connection is utilized, the developer shall be responsible for the
payment of assessments for the imgable landscape areas prior to signature on the final plat by
the Meridian City Engineer.
1.2.7 Per LJ"DC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the
area being subdivided shall be tiled. 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 prior to construction plan approval. If
lateral users association approval ean not be obtained, alternate plans will be reviewed and
approved by the City Engineer.
1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized
irrigation shall be installed and approved prior to obtaining Certificates of Occupancy.
1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
Exhibit B -Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final
plat.
1.2.10 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.
1.2.12 Maintenance of all common areas shall be the responsibility of the developer or assigns.
Record legally binding documents that state the maintenance and ownership responsibilities
for the management of the development, including but not limited to structures, parking,
common areas, private streets, and other development features.
General Conditions
1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets
pursuant to UDC 11-3.A-17.
1.3.2 The Applicant shall comply with the outdoor lighting standards shown in L1DC 11-3A-11.
1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the fmal plat application. 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.
l .3.4 The Applicant shall subrrut a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. Ali fences shall taper
down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or
preliminary plat does not relieve the Applicant of responsibility for compliance.
1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-
7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Locust
Grove Road. The applicant shal'1 install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road. The
applicant shall be responsible to install two water connections from N Locust Grove Road due to
fire flow requirements. The applicant shall be responsible to install water mains to and through
this development, coordinate main size and routing with Public Works.
2.3 The applicant may be required to install a PRV at any location needed to control the risk of
conflicting pressure zones. Coordinate size and location with Public Works.
2.9 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
Exhibit B -Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 1.8, 2007
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 (on the form available from Public Works), a legal
description, which must include the area of the easement (marked EXHIBTT A) and an 81/2" x
11"reap with bearings and distances (marked EXI3>BIT 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 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, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
The existing barn may remain until the portion of the development containing the barn is final
lap tted.
2.8 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-ti.
Plans shall be approved by the appropriate imgation/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 fmal plat signature.
2.9 Any existing domestic well system within this project shall be removed from domestic service
per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering
Department at (208)898-5500 for inspections of disconnection of services. Wells may be used
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources Contact Robert B. Whitney at (208)334-2190.
2.10 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.11 .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.
2.12 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.
2.13 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 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.
2.1.5 It shall be the responsibility of the Applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
Exhibit B -Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT' FOR THE 1.1EARING DATE OF DECEMBER 18, 2007
2.17 Developer shall coord'i~nate mailbox locations with the Meridian Post Office.
2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.19 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfi:ll, where :footing would sit atop fill material.
2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.21 The Applicants design engineer shall be responsible for inspection of ali irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or the ACRD. The design engineer slia°ll provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required before
a certifcate of occupancy is issued for any structures within the project.
2.22 At the completion of the project, the Applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.23 One hundred watt, high-pressure sodium streetlights shal'1 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 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in
Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by
Appendix C of the International Fire Code.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall'not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for ail new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to
have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
Exhibit B -Page 6
CITY OF MERIDIAN PLAN I.NG DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF DECEMBER 18, 2007
3.6 For all Fire Lanes provide signage "No Parking Fire Lane".
3.7 Insure that all yet undeveloped pazcels are maintained free of combustible vegetation.
3.8 Fire lanes, streets, and structures including the canopy Height of mature trees shall have a vertical
clearance of 13'6.
3.9 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.
3.10 Building setbacks shall be per the International Building Code for one and two story
construction.
3..11 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. Streets with less than a 29' street width shall have no parking.
Streets with less than 33' shal'1 have pazking only on one side. These measurements shall be
based on the back of curb dimension. The roadway shall be able to accommodate an imposed
load of 75,000 GVW.
3.12 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3..13 The fire department requests that any future signaiization 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
bonne by the developer.
3.14 Maintain a separation of 5' from the buildug to the dumpster enclosure.
3.15 Provide a Knox box entry system for the complex prior to occupancy.
3.16 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.17 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).
3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.19 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.20 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.21 There shall be a fire hydrant within 100' of all fire department connections.
3..22 Buildings over 30' in height are required to have access roads in accordance with The International
Exhibit B -Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2U07
3..23 The fire department is opposed to any landscape island in the middle of a cui-de-sac that may
.prevent a fire truck from turning around on the end of the court.
3.24 Buildings or facilities exceeding 3'0 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of the access roads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property
or azea to be served, measured in a straight line.
3..25 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is snore than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route azound 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).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3..1.1 or 903.3..1.2, the distance requirement shall be 600 feet
(183 m).
4. Meridian Police Department
4.1 The police department has no concerns related to the site design of this project.
5. ADA COUNTY HIGHWAY DISTRICT
5.1 SPECIFIC CONDITIONS OF APPROVAL
5.1.1 Comply with requirements of TTD and City of Meridian for the US 20/26 - Chinden Frontage.
Submit to the District a letter from TTD regarding said requirements prior to District approval of
the final plat or issuance of a building permit or other required permits, whichever comes first.
Contact the District III Traffic Engineer at 334-8340.
5.1.2 Dedicate 47 feet of right of way from the centerline of Locust Grove Road for the first 100 feet
south Of Locust Grove/Chinden intersection abutting the parcel. The right of way purchase and
sale agreement and deed must be completed and sighed by the applicant prior to the scheduling
the final plat for signatwe by ACRD Commission or prior to issuance of a building permit or
other required permits, whichever comes first. Allow 30 business days to process the right of way
dedication after receipt of all requested material. The District will purchase the right of way
which is in addition to existing right of way from available Corridor Preservation Funds.
5.1.3 Construct center left turn lanes on Locust Grove Road at the site approaches for E. Three Corners
Trail and the school.
5.1.4 Construct a 5 foot concrete sidewalk 40 feet from the centerline of Locust Grove Road for the
first 100 feet south of Locust Grove/Chinden intersection. The sidewalk will then taper to 28 feet
from centerline, as proposed. Provide an easement for any segment of the sidewalk located
outside of the right of way.
5.1.5 Construct one roadway to intersect Locust Grove Road, E. Three Corners Trail, located
approximately 450 feet south of the northern property line, as proposed.
Exhibit B -Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
5. i .6 Construct one 300 foot driveway approach on Locust Grove Road located approximately 750 feet
south of the northern property line, as proposed. Pave the driveway its full width and at least 30
feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15
foot radii abutturg the existing roadway edge.
5.1.'1 Construct E. Three Comers Trail from its intersection with Locust Grove bacj to its transition to a
residential roadway with two 21 .foot travel lanes, 9 foot center landscape islands, vertical cub,
and gutter, 6 foot planter strips, and 4 foot detached sidewalks within the 64 feet right of way, as
proposed. Provide a minimum 21 foot street section on either side of the center landscape islands,
Provide an easement for any segment of the sidewallc located outside of the right of way.
5.1.8 Construct the residential section of E. Three Corners Tram] as a 29 foot street section with vertical
curb and gutter, 6 foot planter strip and 5 foot detached sidewalks within the 50 feet of right of
way. Provide an easement from any segment of the sidewalk located outside of the right of way.
5.1.9 Construct E. Hawk Creek Court as a 29 foot street section with vertical curb and gutters, 6 foot
planter strip and 5 foot detached sidewalk within the 50 feet of right of way. Provide an easement
for ant segment of the sidewalk located outside of the right of way.
5.1.10 Construct N. Sweet Valley Circle as a standard 29 foot street section within the 42 feet of right of
way, as proposed.
5.1.11 Construct one cul-de-sac turnaround with center landscape island, as proposed. Provide a
muumum inside curb radius of 28 feet, and a minimum outside radius of 45 feet for the cul-de-sac
turnaround.
5..1.12 Construct one stub street to the south, E. Three Comers Trail, located approximately 1,070 feet
east of the western property line, as proposed. Construct one temporary turnaround on the
property to the south, as proposed.
5.1.13 Construct one driveway to intersect E. Three Corners Trail, located approximately 200 feet east
of the western property line, as proposed. Pave the driveway its full width and at least 30 feet into
the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot
radii abutting the existing roadway edge. The driveway will be restricted to a maximum width of
36 feet.
5.1.14 Other than the access specifically approved with this application, drrect lot access is prohibited .to
Locust Grove Road and Chinden Boulevard shall be noted on the final plat.
5.1.15 Comply with all Standard Conditions of Approval.
5.2 STANDARD CONDITIONS OF APPROVAL
5.2.1 Any existing irrigation faci.Tities shall be relocated outside of the right-of--way.
5.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of way.
5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5.2.5 Comply with the District's Tree Planter Width Interim Policy.
Exhibit B -Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
5.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the D.istrict's Utility Coordinator at 387-6258 (with file numbers) for
details.
5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances utiless speci.ficaily waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required perrruts), which incorporates any required design changes.
5.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
5.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
5.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall lie required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirntation of any change from the Ada County Highway District.
5.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
6. SETTLERS IRRIGATION DISTRICT
6.1 All irrigation /drainage facilities along with their easements must be protected and continue to
function. The facilities involved are the Fuller Drain and the Karnes Lateral. Please Contact Don
Alloway of the Karnes Lateral at 323-04.64.
6.2 A Land Use Change Application must be on file prior to any approvals.
6.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
6.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be
approved by Settlers Irrigation District's Board of Directors.
6.5 Ali storm drainage must be retained on-site.
Exhibit B -Page 8
CITY OF MERIDIAN PLAM~FING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
6.6 A pressure irrigation system must be provided to service all lots within the above-mentioned
subdivision from the current delivery point.
7. CENTRAL DISTRICT HEALTH DEPARTMENT
7.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
7.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfaze, Division of Environmental Quality: central sewage and central water.
7.3 Run-off is not to create amosquito-breeding problem.
7.4 Central District Health will require plans be submitted for a plan review for any: food
establishments, grocery store, beverage establishment and child caze center.
Exhibit B -Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
C. Legal Description
Exhibit C -Legal Descriptions & Exhibit Maps
Exhibit B -Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
~ .~
r
TOOTHMAN-ORTON ENGINEEWNG COMPANY
. - OONSUL'lrNO ENO1NEEi{S. SURVEYORS AND P1J~1iNERS
• 9777 GWINOEN aOULEVARO
BOISE, IpAHO 83774.2008
208.323--2388 • FAX.20B~323-2399
tioise®ioengrco.com
Project: 071 L 1
Date: September 7., 2007
Revised: October 4,2007
.Page: 1" bf 1
E7~Tf `B"
Land Description of Property'for Annexation
To the City of Meridian; Idaho
A parcel of lend located in the North Half of the Northwest 1/4 of. Section 29,
'Township 4 North, Range :1 East; Boise Meridian, Ada County, Idaho; being more
particularly described as follows:
BEGINNING at the comes common to Sections .19,'20, 2.9 and 30; thence, along the
norther" ly boundary of said Section 29;
1') S.89°2.6'41"E., ]:326.49 feet to W 1/16 corner common to• Sections 20 and 29;
thence,
2) 5.00°31'5.9"W., 1324.64 feet to the east-west centerline of the NW I:/4 of said
Section 29; thence; along said centerline;
3) N.89°36'20"ViW., 1328.58 feet to the N 'I /16 comes common to Sections 29 and
3.0 thence, along the westerly boundary of said Section 39.,
4) N.OU'~7'24"E., 994.3'6 feet; thence,
5) N.00°37'24"E., 3'34.U0 feet to the POITIT OF BEGINNING.
CONTAIMNG: 4.0.4 acres, more or less.
SUBJECT TO all Covenanu, Righu; Righu-of--Way, Easements of Record, and any
Encumbrances.
E?C]E~IT "C" attached, and by this reference, made a part hereof ,, •~Np LANp e,
REYI AP VAL
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OCT 12 20Q7 +
~9~ of
MERIDIAN:PUBLIC
WORKS DEPT
(Th"ts description is based on record SYtrvey diao dnd is for Annexation p+vposes only. A
field survey wqs not.conclucted"".")
H:107121\WPfilesl$urvey~ExAB-N~V Fera4Ahnac.doc'
'BO'IS'E • COEtlR d'ALE1Vf CALDWELL
Exhibit C -Page t
CITY OF MERIDIAN PLANTIING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
T
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• EilllJi~lll ~Cr
• .4NNE.Y4TION ~P
fOR PROPERTY lOCA1Eb IN THE
NW1/4 OF SECTION 29, TOWNSHIP 4 NOFt7H,. RANGE 1 EAST, B.M., ADA
COUNTY, IDAHO .
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--- RIGHT-Of-WAY LINE
- SECTION UNE ~'
PROPERTY BOUNDARY
B.~ POINT OF BEGINNING ~
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TOOTHMAN-ORTON ENGINEERING CO.
ENG~67EEgS SURJErOpS PLANPIERS
9777 CHwOEN BOULEVARD BWSE. IDAHO 83TtIa-20.08
PHONE: 20¢-J23-2288 FAX: 208-323'-2399
r-nt m[_,vatE71 tuva.o al[:a0-~-oi Ati:OTtl
Exhibit C -Page 2
Ap.p OVA4
REVI _
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OCrt 12 3007
M WORKSbEPTIG
CITY OF MERIDIAN PLANNING DEPARTMENT S7-AFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
-~, '~
TOOT)EIOVIAN=ORTON .ENGINE_ERING. COMPAN1l
. CONSULTni~ QJOINPFRS,'SUaYtiYORS AND'PI~INNERS
' 9777 CHINDEN °V.U.tEVARD
B06.E,, IDAHO 83714-2008
308.323-2288 fAll2p8.323-2399
boise®tdengro°.com
Project: 071'21
Date: September 7, 2007
Revised: October 4, 200'7
Page: 1 of l
EXHIBIT "A"
Tliiee Comers Subdivision
Preliminary Plat Description
A parcel' of land located in .the North Half of the Northwest 1/4 of Section. 29; •
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly'de5cribed as follows:
BEGINNING at the comer common to:Sections 1'9, 20, 29 and 30; thence, along the
nortlierly boundary of said Section 29,
1) 5.89°26'41"E., 1326.49 feet to W 1/16 corner common to Sections 20 and 29;
thence,
2) .5,00°3l'S4"VV., 1324..64 feet to'ttie east-west centerline of fhe NW 114 of said
~Seetign 29; thence, along said Fenterline,
3) TI.~9'36'2Q"VJ., 1328.58 feet to the N 1/16 cotaer common to .Sections 29 and
30; theater, .aloag the westerly boundary of said Section 29,
4) T1.00°3'7'24"E., 494..3.6, feet; thence,
5) N.00°37'24"E., 334.00 feet to the POIrTT OF BEGINNING.
CUNTAINJNG: 40.4 acres, more or less.
SUBJECT TO all Covenants; .Rights, Rights-of--Way, Easements of Record, and any
Encumbmaces.
REVI PR VAL
BY _
OCT 12 2007
MERIDIAN PUBLIC
WORKS DEPT
(This description is based on'record Survey flora and is for
Preliminaiy.Platputposes only. A' field survey was .nor conducted)
fi:\D7121.\WPfileslSyrvtylFx6A-~ Comus Sub-Pre:Ple~.da
BOISE • COEtIR d'ALEIVE • CAI;1)WE1.L
Exhibit C -Page 3
CITY OF MERIDIAN PLANiVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
^, ,".~
TOOT1RYlAN-ORTON ENGINEERt~NG COMPANY
Ql)]VSUL'fiTiO El'llr+1NPLaS.•~1AYEYURS AND P1A/.INEpS
' 9777 CHINDEN 110ULEVARO
BOISE, IDAHO'677143008
. 308.323.2388 f.AX 308s32b3399
tioise®tcengr[o.¢oin
Project: 07421
Date:.Segielitlier 7,.2007 ,
Revised: October 4, 7007
Page: l oft .
EXHIBTI' "D" -
Land Description of:Property 1'or Rezone to C-C Zone
A parcel of land lacated• in the North Half of the Northwest 1/4 of Section 29,
"I'owitship 4 North, Range 1• East, Boise Meridian,.Ada County, Idaho, being raoie
part-cularly desdribed as followsc
BEGIlyIVING at fhe comer common to Sections 19, 20, 29 and 30; thence, along the
noitherly boundary of said Section 29;
1) 5.89°26'41"E., 1328.49 feet to W 1/l6 comer common to Sections 20 and 29;
thence,
2): 5.0:0°31'59"W.,, 342.50 feet; thence,
3) 5.58°l l'08"V/:, 24.0.00 feet; thence,
4) N.24°02'58"W., 39.52 feet; thence;
5) Northwesterly along a curve to the left having a radius of 300.00' feet, an arc
leng~ of 342.45 feet, through a central. angle of 65°24'' 11 `', and a chord
bearing. and'distance ofN~.56°45'03"W., 324.16 feet; t>ience,
6) 1V.89°27'09"VIW., 187.49 feet; thence,
7) Soitthwesterlj+ along a curve to the left having a radius of 300.00 feet, an arc
length of'289.24 feet,'through a central angle of 51 °23' 19", and a chord
bearing and distance of S:84°50' 1' 1'"W., 280.3Q feet; thence,
8) S.39°07'32"W., 15,56 feet; thence;.
9) 5.4:4°26'4'5"E., 183:17 feet; thence;
10) Southwesterly along a curve to the left having a radius of 121.00 feet, sit arc
length of 70.79 feet, thtough.a central angle of 33°31'OQ", and a chord bearing
and distance of S.17°18'49"W., t'9.7$ feet; t}ience,
ll)S.00°33''15"VJ., 14.83 feet; thence,
I2) S:89°59'56"W., 3.09 feet; Utence,
13) 5.00°37'20"W., 730.82 feet to the east-west centerline of the.NW1/4 of said
Section 29; thence, along, said east-west centerline,
H:107.121\WPfilalS~m¢j~Fx6DNW'P°ieebairm+e C-N.doe
BOISE' • COEUR d'ALENE • ~CAL:DWEI:L
Exhibit C -Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007
.-~ '~
T007'H1NAN-OR'ION. ENCt1YEERIN.G COMPANY
Project: 07121
Date: September 7,.2007
Revised: October 4; 200'1
Page: 2 of 2
1.4) N..89°36'20"W., S 1 b.00 feet to~the N 1l16 coiner comrllon to Sections 29 and
30'; thence, along the.westerly.boundary of said Se¢tion29,
15) N;00°37'24"E„ 1.3.26.36 feet•to .the POINT OF' BEGI~VMNG.
CONTP-INING: 21.3 acres, more or• less.
SUBJECT TO.all Covenants, R~igbts, Rights=of--Way, Easements of Record; a>}d any
Encymbrances.
EXEI)BI`C "G" attached,, and by this reference, made a part hereof.
(This description is based on iecord survey data and is for Rezoning purposes only. A
field survey was not eonduc~ed)
Pa vat.
REV1
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MEW~RKS t)EPj`G
H;107.121lV~IeslSurveYlExhUtJW Peial+RyioneC-N.dx
2'
Exhibit C -Page 5
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
~^~ ~
' TbOT'HiKpN-ORTON ENGINEERING COMPANY
. oonrsucnivo•errau~eas. svxveroRS nrm Purmverts
9277 CHINC)l:N BOULEVARD
BOISE. IDAHO 8371A-3008
2o6-i23-YlBB • FAX 208.323-2399
boieQtcenB~co,com
Pioje¢t: 071.21
Date: September 7,.2007
Revised:O...ctober 4., 2007
Page: 1 of 2
EXHIBTp "Ef0
!rend Description. of Property for Rezone to It-2 Zone
A parcel of land located in the North Half of the Northwest 1 /4 of'Section 29,
Township 4 North, Range 1 East, BoiseMeridian, Ada•County, Idaho, being more
particularly described as follows:
COMMENCING at the comercor~mon to Sections 19, 20, 29 and 30; thence, along
the northerly boundary of said Section 29,
A) $.89°26'41"E., 1326.49 feet to fhe W 1/16 comer coirtmon to Sectipns 20 and 29;
thence,
$) '5.0'0°31'59"W., 343:SU feet'to the POINT OF BEGINNING; thence,
1) S.0.0°31'59"W., 982..14• feet to.the east-west centerline wfthe NW I/4 of said
'Section 29; thence, along said east-west centerline,
2) N.89°36'20"VJ., 8"18.58 feet; thence, leaving said east-wrest centerline,
3) N.00°37'20"E., 730:62 feet; thence,
4) IV,89°59'56'7;., 3.t)9 feet; thence,
S) $.OU°3'3':1 S"W., 24.55 feet; thence,
6) Southeasterly algag acurve to the left having-a radius of 221.61 feet, an arc
length of 663.27.feet, through a central.angle of 171 °29'O:l ", and a chord
bearing and distance ofS:89°2t''4`5"E., 442.00 feet; thence;
7) N.00°33' 1S"E., 39.38 feet; thence,
$) Northwesterly along a curve to .the IeR having a radius of 12'1.;00. feet, an arc
length of 18.48 feet, through a central. angle of 08°45'07", and a chord bearing
and' di stance of N.03 °49' 19"W„ .18.46 feet; thence,
9) 5.87°26'30"E., 169.18 feet; .thence,
l 0) Northeasterly along a curve to the left Having a iaditis of 125.00 feet, an arc
length of 1.9.47 feet, through a central angle of 08°SS'3?", and a chord bearing
and. distance of N..02°Q9'S9"E., 19:45 feet; thence;
Hsl07J 21 \WpfileslSw%ey\EzI,F~TJNr Pyq~;~ R-2.doc
BOISE • •COEUR d'ALENE. • CALDINELL
Exhibit C -Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
r'~. `~
TOOTAII~IAN-ORTOIV ENGII~ING COMPANY •
. ~ . .
Project: 071.21
Date: September 7, 20U7
Revised: October 4, 2007
Page: 2 of 2
l ])Northwesterly along a curve to the left having a radius of 29.50 feet, an arc
Length of 14:.4.8 feet, through a central angle of 28°07'02", and a chord bearing
and distance ofN.I i°2.1'1.8"W.,;14.33:feet; thence;
12)N.30°24''49"W., 36:2'5 feet; thence,
13)1V.24°Q2'S8"W., 15.69 feel; thence;
14) N.58°11'08" E., 276.33 feet to the POINT'OF .BEGINNING
CONT'AINIIVG: 1:2.87 acres, mole or less.
SUBJECT TO all Covenants, Rights, Rights=of-Way, Easements of Record, and any
Encumbrances.
E)~IT "Cs" attached, and by this reference, made a part Hereof.
(This description is based on retort! survey data and'is jor Rezoning purposes only. A
field survey was:nol conducted)
RdNI R Al
CY
OCj 12 20x1
WORKS t)EPT~C
.Fr;1DIi21\WRfiluVSurrey~ERA~.pIVy Pgdtl•ReraerR-2.d«
2
Exhibit C -Page 7
CITY OF MERIDIAN PLAIVIViNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
}~'•. '1
'I'OOT'I~IAN-ORTON EN.GIiVEERWG COMPANY
COIJSUL77Nty @In1NFEtLS, SURVBYgRS AND P1:71NNPA3
' 9777CMINOEN BOl14EVARD
BOISE, JDAHO 83774-2008
208-323.2288' ! FAX 208.323-239,9
bolseihcengrco.tom
Project: 07131
Date: September 7, 2007
Revised: October 4, 2007
Page: l of 2
EX~BIT "F"
Land Description' of Property for Reione to R-8 Zone
A parcel of land 1'ocated in the North Hal£ of the Northwest 1/4 •of Section 29,
Township 4. North, Range 1 , Boise Ivleiidiari, Ada County, 3dafio, being more
particularly described as follows:
COMMENCING at the corner common to Sections 19, 20, 29' and 30; thence,
along the •northerly boundary of said, Section 29,
A) 5.89°26'41 "E., 1326.49 feet•to.tlie W' l/16 comer common to Sections 20 and 29;
thence;
B) .S.00°31'59"V/., 342.50 feet; thence,
C) S.5'8°11'06"W., 240.00 fee[to the.POIIVT'OF BEGINN1iN.G; thence,
l) 5..5'8"11'08"W„ 36.33 feet; thence,
2) S.24°02'S8'"~., 1.5.69 feet; thence,
3) S.30°24'49"E., 3G.2S feet;.thence,
4) Southeasterly along a curve to :the right having a radius of 29.50 feet; an arc
length of 14,4.8 feet, through a central eagle of 28°07'02'`, and a.chord bearing,
and, distance bf S..1 ti°2.1'1.8"aV.,.14.33 feet; thence,
5) Southwesterly along• a curve to the righ"t having a radius of 125:00 feet, an arc
length of 19:47 feet, through a centra) angle of 08°SS'33",, and a chord bearing
and distance pf'S.02.°U9'S9"W., F9'.45 feet;.thence,
6) N.87°26'3t)''W., 1.69.1!8 feet;'theace,
7) Southeasterly along a curve to the right having a radius of 121.00 feet, an arc
length of 18.48 feet; through a. central angle of 08'45'07"; and a chord bearing
and distance of 5.03°49' 19"E.., 18.46 feet; thence;
8) 5.00°33' 15"W., 39.38 feet; thence,
9) Northwesterly along a curve to the right •having a Padius of 221:61 feet, an arc
length of 6.6.3.27 feet, through a central angle 8f 171 °29'01 ", and a chord
bearing and distance"ofN,89°26'4$"W., 443'.00 feet; t$enc..e,
H:10.7121.\WPfilea\$ur4er~P.~e1iE.NW Peice}Rema~e.R•B.Ccq
BOISE • COEUit d'AL,ENE • CALDWEId.
Exhibit C -Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
,'" . .-1.
T001'HMAN=OR7'ON EN.GIiVF~RIIVG COMPANY .
Project: 07121
'Date: September 7, 2007
Revised: October 4; 2U0:7
Page: 2 of 2
1.0) N:0:0°33'' 15"E., 39.38: feet; thence,
11)Northwesferlyalong. acurve to tlie:right having a radius of ]21.00 feet; aq ar>r
length of 70.79 feet,, through a central. angle of 33°31'OS+", and a chord bearing
and d'i`slaace bf N..17°18'49" E., 69:78 feet; thence,
12) N.4:4°26'4S"W., 183.17 feet; thence,
13)N.39°07'32"E., lS.S6 feet; thence,
14):Northeasterly along a curve.to the right having a radius of 300.00 feet, an arc
length of 269.24 feet, through a central: angle of S l °25' 19", and a chord
bearing and distance of N.64°50'I 1'3r., 260.30 feet; thence,
1 S) 5.89°27'09"E., 187.49, feet; :thence,
16) Southeasterly along a curve.to the right having. a radius of 300.00 feet, an arc
length of 342.4'5 feet, through a central angle of 65°24' 11~", and a chord
bearing and distance of $.56°45'p3"E., 324. L6 feet; thence,
17) S.24°02'38"E., 39.52 feet to the POINT OF'BEGINNING.
CONTAI1vIIVG..: 6.2Tacres, more or less.
SUBJECT TU all Coven.ants, Rights, Rights-of-Way, Easements of Record, and any
Encumbrances.
EXFIIBIT "G" attached, and by this reference, made a paR heieof.
(This. descsiption is based on record survey dota and is fob Rezoningpwposes only. A
REVIEW Vh4
BY
OCT 12 2~0~
M WORKS ePY!~
freld survey was rro! conducted)
H:10.7d 21lWPCilei~Surveyl~ZhF.1.7.1y pc!eel•Rq°ae A$.dac
2~
Exhibit C -Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF DECEMBER 18, 2007
r:.
NW1/4 OF SECL•ION '29.
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~E'ZONE ..ifAP
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- - - --~ .PROPERTY BOUNDARY '!
'P,0.8.' POINT Of BEGINNING I
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°i, URV LENGTH RADIUS. DELTA. TANGENT :'CHORD _
BEARING
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io.33 516'21'18"E
99.47 }25.00 08'5533" 9.76 99,45 S02'09'ti9•tiV
.G3 1.8:48 t 21:00 08'45 07" 9.26 1'.8.46 . 503'99~'t 9"E
G4 663.27 22'9.69 179'29Oi" 2976.36 ab2:00 .
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. }00.00 . .ST' S 1 144,45 260.30 ,N6a 50'1 i"'E
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REVIE R . Al
,8Y 0 200 400 •800 1:200
OCT. 1 ~~ 2007
MERIO1gN:P.UBUC TOOTHMAN-ORTON ENGINEERING CO.
W9RK$DEPL ENCIN~ERS $1{RVEVOR$ PLANNERS
9777 "CWNOEN BOULEVARD • 'BOLSE, IOANO 83714.=2008
PHONE: 208-323-2288 FAX: 208'-323-2399
_ c-cu: tzt¢,pEZWrt IND.d~y 9Mti:: to/eNt +61i:wlt,
Exhibit C -Page f0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
D. Required Findings from Unified Development Code
Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following fndings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The Applicant is proposing to zone the subject property to C-C, R-8 and R-2. The City
Council finds that the proposed zoning map amendment will comply with the applicable
provisions of the Comprehensive Plan if the proposed Comprehensive Map Amendment
is approved by City Council. Please see Comprehensive Plan Policies and Goals, Section
8, of the Staff Report for more information.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that professional offices, retail uses, private schools and medical
clinics would be permitted uses within the C-C district and single family detached units
are allowed in the R-8 and R-2 district (single-family attached units are allowed in the R-
8district only). The City Council finds that future development of this property should
comply with the established regulations and purpose statement of the C-C, R-8 and R-2
districts, if the DA provisions are adhered to.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that a zoning amendment to C-C, R-8 and R-2 will not be
detrimental to the public health, safety, or welfare. Staff recommends that the
Commission and Council rely on any oral or written testimony that may be provided
when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that a zoning amendment to C-C, R-8 and R-2 for this site will not
result in any adverse impact upon the delivery of services by any political subdivision
providing services to this site.
5. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds that all essential services arse available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. In accordance with the findings listed above, City Council finds that
Annexation .and Zoning of this property to C-C, R-8 and R-2 would be in the best
interest of the City, if the Applicant enters into Development Agreement (DA) with
the City, as mentioned in the Staff Report.
ExhibitD-Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007
Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan subject to approval of the CPA by City Council. Staff
supports the proposed plat layout, with recommended changes, as they comply with the
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and
Goals, Section 8, of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, The City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B
for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council is not aware of any health, safety, or environmental problems
associated with the development of this subdivision that should be brought to the Council
or Commission's attention. ACRD 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 envii'onrnental problems of which Staff is unaware.
6. The development preserves significant natural, scenic or historic features.
The Ciry Council is unaware of any nahual, scenic, or historic features on this site.
Therefore, Staff finds that the proposed development will not result in the destruction,
loss or damage of any natural, scenic or historic feature(s) of major importance. Staff
recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which Staff is unaware.
Exhibit D-Page 2
CITY OF MERI•D1AN PLANIYIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER L8, 2007
2. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
a. Strict adherence or application of the requirements is not feasible; OR
The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for
the design of this proposed development. Staff believes the submitted landscaping plan meets
the intent of the City's landscaping code and provides increased buffering to the future
residential portion of the development.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The City Council finds the alternative compliance does provide a superior means for meeting
the City's landscaping requirements. City Council f nds the conceptual landscape plan
incorporates innovative design by using center medians as the proposed buffer adjacent to
local streets. Additionally City Council finds this design contributes urban streetscape of the
proposed mixed use development. Therefore, City Council supports the proposed concept
landscape plan, as depicted in Exhibit A.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The City Council finds that the proposed alternative will not be detrimental to the public
welfare or impair the use /character of the surrounding properties.
Exhibit D -Page 3