Regency at River Valley AZ 08-004ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 86 ~~
BOISE IDAH012109I08 11'02 AM '
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIILIIIILI'IILII~IIIILIIII'~~
Mei idian Ciry 10$131099
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; &
JACOM, LLC,. Owners
3. ~~~ == ~21~~., Dev to er
~~y ~o~r ~~~er ~a~~
S~THIS DEVE OPMENT AGREEMENT (this Agreement), is made and entered
into this day of (~C~OID~ / , 2008, by and between City of Meridian, a municipal
corporation of the State of Idaho, Hereafter called CITY, RAMI, LLC, whose address is11650
South State Street, Suite 300, Draper, UT 84020; MBRJ, LLC, whose address is 2689 West
Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is 414 East 11400 South,
Draper, UT 84020; Eagle Coulter, LLC, whose address is 414 East 11400 South, Draper, UT
84.020; & JACOM, LLC, whose address is 12570 South 3600 West, Riverton, UT 84065,
hereinafter called OWNERS and Mason & Stanfield, Inc., whose address is 314 Badiola Street,
Caldwell, ID 83605, hereinafter called DEVELOPER
RECITALS:
1.1 WHEREAS, Owners 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 acondition of re-zoning that the Developer
and/or Owners make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
the Meridian Unified Development Code, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Developer has submitted an application for annexation and
re-zoning of the Property described in Exhibit A, and has requested a
designation of R-40 (High Density Residential District) and C-C
(Community Business District), Municipal Code of the City of Meridian;
and
1.5 WHEREAS, Developer and/or Owners made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 1 OF 16
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
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 1'7~' day of June, 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 Developer and/or Owners to enter
into a development agreement with relation to the R-40 (High Density
Residential District) and C-C (Community Business District) before the
City Council takes final action on annexation and zoning designation; and
1.9 WHEREAS, the Developer and/or deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at their urging and requests; and
' 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a
development agreement for the purpose of ensuring that the Property is
j developed and the subsequent use of the Property is in accordance with the
~ terms and conditions of this development agreement, herein being
I established as a result of evidence received by the City in the proceedings
~ for zoning designation from government subdivisions providing services
I
! within the planning jurisdiction and from affected property owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 2 OF 16
3. DEFINITIONS: For all purposes ofthis Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government subdivision
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 83b42.
3.2 DEVELOPER: means and refers to Mason & Stanfield Inc., whose
address is 314 Badiola Street, Caldwell, ID 83605, the party developing
said Property and shall include any ,subsequent developer(s) of the
Property.
3.3 OWNERS: means and refers to RAMI, LLC, whose address is 11650
South State Street, Suite 300, ; MBRJ, LLC, whose address is2689 West
Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is
414 East 11400 South, Draper, UT 84020; Eagle Coulter, LLC, whose
address is 414 East 11400 South, Draper, UT 84020; & JACOM, LLC,
whose address is 12570 South 3600 West, Riverton, UT 84065, the parties
that own said Property and shall include any subsequent owner(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be re-zoned R-40 (High Density Residential
District) and C-C (Community Business District) attached hereto and by
this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian City Code Section
11-2-A and 11-2-B which are herein specified as follows:
Construction of a multi family residential development in the proposed
R-40 zoning district on 10.56 acres The pertinentprovisions of the City
of Meridian Comprehensive Plan are applicable to this AZ 08-003
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 3 OF 16
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Developer/Owner and/or Owner shall develop the Property in accordance
with the following special conditions:
a. A rnaximurn of 204 multi-family residential units shall be allowed to be
constructed on the site.
b. A minimum - 4,805 square foot clubhouse and 755 square foot cabana shall be
constructed on the site, as proposed.
c. At a minimum, amenities shall be constructed on the site as proposed on the
site plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot,
gazebos, etc.).
d. All multi-family structures shall comply with the architectural standards listed
in UDC 11-4-3-27E. Structures shall be constructed on the site in accordance
with the elevations attached in Exhibit A of the staff report.
e. The site/structures shall comply with the Specific Use Standards listed in UDC
11-4-3-27 for multi-family developments.
f. The applicant shall eornply with the parking standards listed in UDC 11-3C-6
for multi-family developments as follows: for 1 bedroom units, there shall be
two parking spaces with at least one in a covered carport or garage; and for
units with more than one bedroom, 2 parking spaces shall be provided, both in
a covered carport or garage. No variance to this standard is granted.
g. A legally binding document shall be recorded that states the maintenance and
ownership responsibilities for the management of the development, including,
but not limited to, structures, parking, common areas, and other development
features, per UDC 11-4-3-27G.
h. Access to this site shall be provided from E. River Valley Road and an
emergency only access shall be provided from Allys Way. Access to Eagle
Road is prohibited.
i. The applicant shall dedicate right-of--way and construct Allys Way in
accordance with ACRD standards, in alignment with Allys Way north of the
site, on the north side of Ustick Road, prior to release of occupancy of any
structure on this site.
j. The applicant shall construct (or have available) at least half the street section
of E. River Valley Road (24 feet of pavement and 7-foot wide sidewalk) in
accordance with ACHD standards, prior to release of occupancy of any
structure on this site.
k. All existing buildings on the site shall be removed prior to release of building
permits for this development.
1. Twenty-six foot wide private streets shall be provided within the site in
accordance with the standards listed in UDC 11-3F-4.
m. A 20-foot wide street buffer will be required along the future extension of E.
River Valley Road, per UDC Table 11-2A-8. Landscaping shall be provided in
said buffer in accordance with the standards listed in UDC 11-3B-7C,
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 4 OF 16'
Landscape Buffers along Streets. If NMID will not allow landscaping (i. e.
trees) within their easement for the Downey Sublateral and if there is not
sufficient room outside of the easement for the street buffer, the applicant shall
provide an additional S foot wide strip for landscaping outside of the NMID
easement, per UDC 11-3B-7C1 b.
n. The Downey Sublateral easement along the southern boundary of the site shall
either be relocated so that structures do not encroach within the easement OR
the structures shall be relocated outside of the easement, prior to submittal of
the first Certificate of Zoning Compliance application for the parking and
common areas.
o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table
11-2A-8. Landscaping shall be provided in said buffer in accordance with the
standards listed in UDC 11-3B-7C, Landscape Buffers along Streets.
p. Landscaping shall be provided on the site in accordance with the specific use
standards for multi-family developments listed in UDC 11-4-3-27F.
q. The applicant shall construct 6-foot tall vinyl fencing along the west property
boundary and 6-foot tall chain link fencing along the north side of the property
adjacent to the South Slough as depicted on the landscape plan. Temporary
construction fencing is required to be installed where permanent fencing is not
proposed, around the residential portion of the site prior to issuance of building
permits to contain debris during construction. Fencing shall be constructed in
accordance with the standards listed in UDC 11-3A-7.
r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to
parking and vehicular use areas along the north boundary of the site and
adj acent to the existing residence on the west boundary of the site, per UDC 11-
3B-8C. Said buffer is required to be planted with one tree per 351inear feet and
shrubs, lawn, or other vegetative ground cover. If NMID will not allow trees
within their easement for the South Slough, the applicant may apply for
Alternative Compliance in accordance with UDC 11-SB-S.
s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be
constructed on the site in accordance with the Parks Department conditions
contained in Exhibit B and the standards in the Master Pathways Plan and UDC
11-3A-8.
t. With the first CZC application, include mitigation details for the 9 existing
trees on the site, consisting of 120 caliper inches, proposed to be removed, in
compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579
for snore details.
u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for
approval of all of the parking and common areas on the site prior to submittal
of CZC's for structures.
v. A Certificate of Zoning Compliance is required prior to issuance of a building
permit for any and all of the proposed multi-family structures within this
development. All structures must substantially comply with the building
elevations submitted with this application (see Exhibit A), the architectural
standards listed in UDC 11-4-3-27E for multi-family developments, and
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 5 OF 16
conditions of approval and DA provisions listed in Exhibit B of this report.
NOTE: A CZC application may include multiple/all multi family structures
within the development.
w. A Certificate of Zoning Compliance is required prior to issuance of a building
permit for the commercial portion of the development. Because the commercial
portion of the property is located adjacent to an entryway corridor (Eagle
Road), the future structure(s) and site shall be subject to the design standards
listed in UDC 11-3A-19C.
x. Development of the C-C zoned portion of the site shall not occur until such
tune as access is provided to/from E. River Valley Road or some other
frontage/backage street; direct lot access to Eagle Road is prohibited.
y. A backage road shall be constructed on the east side of the C-C zoned portion
ofthe site and across-access/ingress-egress easement shall be provided to the
properties to the north and south for an extension of the backage road and
future access to E. River Valley Road. A copy of said cross-access/ingress-
egresseasement shall be provided to the Planning Department prior to issuance
of the issuance of a certificate of zoning compliance application for the first
multi-family building.
z. The City will not approve the ordinance for annexation of the requested parcel
.until one of three contingencies occurs:
1) The CenterCal North Parcel fka the Kleiner North Parcel DA is signed
and the annexation ordinance is approved.
2) The ROW for River Valley Street is dedicated to ACRD with access to
Eagle Road.
3) The ROW for Alleys Way/Records Road is dedicated to ACRD with
access to Fairview Avenue or Ustick Road. This would allow
temporary use of the eastern emergency access until such time as River
Valley Street is constructed.
Note: The City does notguarantee that any of these conditions may occur
within the one year time frame of the DA approval. These conditions may
be modified through the DA modification process.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this
agreement within two .years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 6 OF 16
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Developer and/or Owners consent upon default to the reversal of the zoning
designation ofthe Property subject to and conditioned upon the following conditions precedent to-
wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer and/or Owners and if the Developer and/or
Owners fails to cure such failure within six (6) months of such notice.
8. INSPECTION: Developer and/or Owners shall, immediately upon completion of
any portion or the entirety of said development of the Property as required bythis 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 Developerand/or Owners, or Developer and/or Owners' 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 byDeveloperand/or Owners 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 ofCty
or apply to any subsequent breach of any such or other covenants and
conditions. .
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer
and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, 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 after one of the
contingencies referred to in Section S.l.z occur.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 7 OF 16
12. ~ REMEDIES.: This Agreement shall be enforceable in any court of competent
jurisdiction by the City or Developer and/or Owners, or by any, successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree that
City and Developer and/or Owners shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with diligence
be cured within such thirty (30) day period, if the defaulting party shall
commence to cure the same within such thirty (30) day period and
thereafter shall prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended for such period
as may be necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed hereunder
by either Developer and/or Owners or City is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code, to insure that installation of the improvements, which the Developer and/or
Owners agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that
no Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Developer and/or Owners have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners agree
to abide by all ordinances of the City of Meridian and the. Property shall be subject to de-
annexation ifthe owner or his assigns, heirs, or successors shall not meet the conditions contained
in the Findings of Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 8 OF 16
16. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY: DEVELOPER:
c/o City Clerk Mason & Stanfield.
City of Meridian 314 Badiola Street
33 E. Idaho Ave. Caldwell, ID 83605
Meridian, ID 83642
OWNERS:
RAMI, LLC, JACOM,~LLC
11650 South State, Suite 300 12570 South 3600 West
Draper, UT 84020 Riverton, UT 84065
MBJR, LLC Eagle Coulter, LLC
2689 West Bountiful Lane 414 East 11400 South
Tucson, AZ 85742 Draper, UT 84020
Eagle Mesa, LLC
414 East 11400 South
Draper, UT 84020
with copy to:
City Attorney
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other .relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 9 OF 16
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Developer and/or Owners of the Property, each
.subsequent owner and any other person acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees, upon written request of Developer and/or Owners, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Developerand/or Owner have fully performed its obligations
under this Agreement. -
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer and/or Owners
and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between Developer
and/or Owners 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
subj ect Property herein provided for can be modified or amended without the
approval ofthe 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 arnendrnent to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the. Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 10 OF 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF-, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
~ ~Isbac,ltit,v~. {M, V~,
" By: ~<1vt~11slacdw,W ~ ~IVI. Yt~
~~~ ~~~~
lbw, LLC
v
By: A ~-~ ~~ ~ .
EAGLE MESA, LLC
1 c~~~ o~-. ~Czt~t~
By:
EAGLE COULTER, LLC
- ~~~~
/~~~ ~~~
By:~
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 11 OF 16
JACOM, LLC
r
C
,_
By:
CITY OF MERIDIAN
By:
MAYOR TA de WEERD
Attest:
JA
` ``~~~~;~ pf MER~~%~''
q .,
~o
.~-~~ EAL
L. HOLMAN, CITI~ CL $~K ~~
,,~ q ~Q`~ `~.
DEVELOPMENT AGREEMENT (AZ 08-009 REGENCY AT RIVER VALLEY) PAGE 12 OF 16
STATE OF
County of Ada,
ss
On this
Public in and for said State, p
known or identified to me to be
acknowledged to me that they
IN WITNESS
of , 2008, before me, the undersigned, a Notary
~sonally appeared
of Mason & Stanfield, Inc.,
the same on behalf of said corporation.
official seal the day and year in this
(SEAL)
hereunto set my hand and affixed my
>t above written.
Notary Public fd'~
Residing at:
My Commission
Idaho
STATE OF V l ~i ~ )
ss
County of , e )
On this ISt day of ~ Y , 2008, befo e me, the (fundersigned, a Notary
Public in and for said State, personally appeared K ~~ n ~ i ~ b- ~ e / ,
known or identified to me to be the ' ,~ t rvl r ~' of RAMI,
LLC and.the person who signed above an ackn wl ged to me that he executed the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
NOTARY PUBUC
AMIE ROTHEY
/ t13A1 CARRIE RIM CIRCIE
is SOUTH JORDAN, UT 840Bb
COMMISSION EXPIRES
o~~o~oi,l Notary Public r
STATE OF UTAH
Residing at: ~ a r
My Commission Expires: 7
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 13 OF 16
STATE OF ~IZv~~i~nii ~- )
ss
County of ~ , )
On this 3 day of 0~(,,(jt, , 2008, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~/~,~, .g . .16N S ErJ ,
~ or identified to me to be the ~,«, ~~>' of lam,
LLC and the person who signed above and acknowledged to me that he executed the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
SEAL wHwfw cHOI
) Commission # 1.629701
Notary Public - Calttomla
' ~ , : ~ e Orange County
My Comm. Expires Dec t3, 2009
Notary ublicfor_~,~ar~•~--
Residing at: ('~p~q.,n, S ~ ~ S
My Commission Expires: / 2 - (? - ?.~J 9
STATE OF ~`~ )
ss
County of ~ Q, )
On this ~ ~ day of ~ be r , 2008, efore , th undersigned, a Notary
Public in and for said State, personally app red ~~ ~~e r ,
known or identified to me to be the l~ ~ V1 ~ of EAGLE
MESA, LLC and the person who signed ab ve an ac wiled ed to me that he executed the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
NOTARY PUBLIC - I
AMIE ROTHEy /
11341 CABBIE RIM CIRCIF -'
sourf+.loRanN, ~'~ Not Pub is or
1Ea Residing at: ~ V ~ r
STATE OF UTAM
My Commission Expires: ~ ~ ~ d
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 14 OF 16
rna~~~
d
STATE OF
ss
County of e )
On this ~ day of~~~I fir) )L 1-, 200 b ore me the ersigned, a Notary
Public in and for said State, personally ap ared r ,
known or identified to me to be the ~~ ~ Q of EAGLE
COULTER, LLC and the person who sign d abo e an ackn ledged to me that he executed
the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
r
NOTARY PUBLIC
AMIE ROTHEY /
(SEA ) ~ 11341 CABBIE RIM CIRCLE
SOUTW JORDAN, UT 84095
COMMISSION EXPIRES No ary Pu he or
STATE OF UTAH ReSlding a : U' C
My Commissi n Expires:
STATE OF T~~ 1 )
ss
County of , I ~~ t ~. )
On this ~ day of el', 200 befo m , he nder igned, a Notary
Public in and for said State, personally ap eared ~Q i n~ ~~ I S • ~e ~ ,
known or identified to me to be the I R -'V1 t w' of JACOM,
LLC and the person who signed above an ac wl ged o me that he executed the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
NOTARY PUBLIC I
(S AMIE ROTHEY
11341 CABBIE RIM CIRCLE
'" SOUTH JORDAN, UT 84095 Nota ~ Publ>, r
COMMISSION EXPIRES
o~ioarzoii Residi~n at:
STATE OF UTAH g .
My Commssi n Expires: J
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 15 OF 16
STATE OF IDAHO )
ss
County of Ada )
On this 2"J~ day of ~~~e'Q~(1~3Q~ , 2008, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I. have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
~,,. •
(SEAL) .' ;' I N Q?,~.~G~ ~
;1 ~ ; .
~.;~
.~, ; ~.
~ ~ . •
'~' IC_ - '~ ~i
'•:DAHO~~ .•'•
~•....~
~-Notary Public for Idaho
Residing at: ~~Gc~ ~ lie ~~
Commission expires: ~ [~-~ ~ ~
DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 16 OF 16
MASON & $TANFIELD, INC.
PROFESSIONAL EIVGINEERSj LAND SURVEYORS ~c PLANNERS
314 BADIOLA STREET
CALDWELL, IDAH083605
FOR: Bach Builders
JOB NO.: NV 1205
DATE: April 18, 2006
REVISED ANNEXATION
PROPERTY DESCRIPTION
DETERMINED BY RECORD DATA
TELEPHONE: (208) 454-0256
FAx: (208) 454-0979
Email: dholzhey@mseng.us
A pazcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of
Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the
Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more
par•.ticularly described as follows:
Commencing at the NW comer of said SW 1/4 NW 1/4, (North 1/16 corner common to sections 4
and 5), said comer bears S. 00° 36' 08" W., a distance of 1291.17 feet from the NW comer of said
Section 4;
Thence S. 00° 36' 11" W., a distance of 776.26 feet, (formerly South), along the westerly boundary
of said SW 1/4 NW 1/4 to the POINT OF BEGINNING; -
Thence S. 89° 23' 49" E., a distance of 70.00 feet, (formerly East), to a point on the easterly
boundary of that certain Warranty Deed recorded as Instrument No.95018434 in the Office of the
Recorder of Ada County, Idaho, said point monumented with a found S/8 inch diameter iron pin,
marked "ASG PLS 7314";
Thence along the boundary of said Record of Survey No. 6638 the following courses and distances:
Thence continuing S. 89° 23' 49" E., a distance of 230.00 feet, (formerly East), to a found 5/8 inch
. diameter iron pin marked "ASG PLS 7314";
Thence N. 00° 36' 11" E., a distance of 218.08 feet, (fonmerly North 218.05 feet), to a point on the
southerly boundary of that certain "Determination of Heirs", Case No. SP IE 0300520M, recorded
as Instrument No. 104047079 in the Office of the Recorder of Ada County, Idaho, said point
witnessed S. 00° 36' 11" W., a distance of 40.00 feet with a found 5/8 inch diameter iron pin
marked "ASG PLS 7314";
Thence continuing along the boundary of said Record of Survey No. 6638 and along the southerly
boundary of said Instrument No. 104047079 the following courses and distances:
Thence N. 84° 26' 11" E., a distance of 17.43 feet, (formerly N. 83° 50'E.) to a point;
MASON & STANFIELD INC.
PROFESSIONAL ENGINEERS, /rlND SURVEYORS, do PLANNERS
Page 2 of 3
Bach Builders, Multi Family-NV 1205\SurveyVegals~Revised Annex.doc
Thence S. 66° 18' 49" E., a distance of 264.00 feet,(formerly S. 66° 55'E.), to a point, said point
referenced S. 45° 26' 11" W., a distance of 30.00 feet with a found 5/8 inch diameter irpn pin
marked "ASG PLS 7314";
Thence S. 34° 48' 49" E., a distance of 227.70 feet,(fonnerly S. 35° 25'E.), to a point, said point
referenced S. 86° 44' 15" W., a distance of 11.50 feet with a found 5/8 inch diameter iron pin
marked "ASG PLS 7314";
Thence S. 71 ° l 6' 49" E., a distance of 132.00 feet,(fonmerly S. 71 ° 55'E. ), to a found 5/8 inch
diameter iron pin mazked "ASG PLS 7314";
Thence S. 85° 33' 49" E., a distance of l 74.90 feet,(formerly S. 86° 10'E.), to a point, said point
referenced S. 27° 42' 23" W., a distance of 30.00 feet with a found 5/8 inch diameter iron pin
mazked "ASG PLS 7314";
Thence S. 40° 43' 49" E., a distance of 364.98 feet, (formerly S. 41° 20'E., a distance of 366.30
feet), to a found 5/8 inch diameter iron pin mazked "ASG PLS 7314";
Thence S. 72° 58' 49" E., a distance of 99.29 feet,(formerly S. 73° 35'E., a distance of 98.34 feet),
to a point on the easterly boundary of said SW 1/4 NW 114, said point witnessed S. 00° 40'48" W.,
a distance of 20.00 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314";
Thence leaving the southerly boundary of said Instrument No. 104047079 and continuing along the
boundary of said Record of Survey No. 6638, S. 00° 40'48" W., a distance of 111.65 feet,(formerly
South a distance of 112.86 feet), along the easterly boundary of said SW 1/4 NW 1/4 to the SE
comer of said SW 1/4 NW 1/4, (center west 1/16 corner), said comer monumented with a found
5/8 inch diameter iron pin marked "PAT PLS 4347";
Thence N. 89° 45' 21" W., a distance of 978.27 feet,(formerly West a distance of 979.24 feet),
along the southerly boundary of said SW 1/4 NW 1/4 to a found 5/8 inch diameter iron pin marked
"ASG PLS 731.4" which bears S. 89° 45' 21" E., a distance of 350.00 feet from the SW corner of
said SW 1/4 NW 1/4,( 1/4 corner common to sections 4 and S);
Thence N. 00° 36' 11" E.; a distance of 180.00 feet, (formerly North), to a found 5/8 inch diameter
iron pin marked "ASG PLS 7314";
Thence N. 89° 45' 21" W., a distance of 49.86 feet,(formerly West), to a point on the easterly
boundary of that certain Warranty Deed recorded as Instrument No. 7741806 in the Office of the
Recorder of Ada County, Idaho, said point monumented with a found 5/8 inch diameter iron pin
mazked "ASG PLS 7314";
Thence N. 00° 36' 1 l" E., a distance of 145.00 feet, (formerly North), along the easterly boundary
of said Instrument No. 7741806 to a point, said point witnessed S. 00° 36' 11" W., a distance of
1.00 foot with a found 5/8 inch diameter iron pin marked "ASG PLS 7314";
MASON ~[ $TANFIELD INC.
PROFETSION.4l ENGINEERS, LAND SURVEYORS, & PLANNERS
Page 3 oi3
Bach Builders, Multi Family-NV 1205~Survey~egals~Revised Annex.doc
Thence N. 89° 45' 21" W., a distance of 230.14 feet,(formerly West) along the northerly boundary
of said Instrument No. 7741806 to a point on the easterly boundary of that said Warranty Deed
Instrument No. 95018434, said point monumented with a found S/8 inch diameter iron pin mazked
"ASG PLS 7314";
Thence continuing N. 89° 45' 2l" W., a distance of 70.00 feet, along the extension of said
northerly boundary to a point on the westerly boundary of said S W 1 /4 NW l /4;
Thence N. 00° 36' 1 l" E., a distance of 218.94 feet along the easterly boundary of said Warranty
Deed Instrument No.95018434 to the POINT OF BEGINNING.
This parcel contains 12.06 acres more or less.
All according to the record of survey as recorded in the Office of the Ada County Recorder.
SiJBJECT TO: All existing rights of way and easements of record or implied appearing on the
above-described parcel of land.
This Legal Description was written without the benefit of an actual boundary survey. The courses
shown hereon were prepared from that certain Record of Survey for "6638", Recorded as
Instrument No. "104124018" in the Office of the Recorder of Ada County, Idaho.
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314 Badiola St. Caldwell, ID 83605
~a ~~f e! U, Jnc. Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dholzhe~(a~msen .us
PROPERTY DESCRIPTION
PARCEL 1
C_ G
A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of
Survey No. 663$, recorded as Instrument No. }04124018 on Sept. 28, 2004 in the Office of the
Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more
particularly described as follows:
Commencing at the SW corner of said SW1/4 NW1/4, (W1/4 corner of Section 4), said corner
monumented with a brass disk;
Thence N. 00° 36' 08" E. a distance of 543.94 feet along the westerly boundary of said SW1/4
NWl/4 to a point;
Thence S. 89° 23' S2" E. a distance of 70.00 feet perpendicular to said westerly boundary to the
POINT OF BEGINNING, said point monumented with a found 5/8-inch diameter iron pin;
Thence continuing S. 89° 23' S2" E. a distance of 230.00 feet to a found 5/8-inch diameter iron pin;
Thence S. 00° 33' S4" W, a distance of 217.06 feet to a found 5/8-inch diameter iron pin;
Thence, N. 89° 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said
SWl/4 NW 1/4 to a found 5/8-inch diameter iron pin;
Thence N. 00° 36' 08" E a distance of 218.50 feet parallel with the westerly boundary of said
S W 1 /4 NW 1 /4 to the POINT OF BEGINNIl~IG.
This parcel contains 1.15 acres more or less.
Also, this parcel is subject to all easements and rights-of--way of record or implied.
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`- 314 Badiola St. Caldwell, ID 83605
~~ ~ ~f ~ 1 ~ Jn~. Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dholzhey(c~msen~us
PROPERTY DESCRIPTION
PARCEL 2
~ -~o
A parcel of land being a portion of the SW 1J4 NW 1/4 of Section 4, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of
Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the
Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more
particularly described as follows:
Commencing at the SW corner of said SWl/4 NW1/4, (W1/4 corner of Section 4), said corner
monumented with a brass disk;
Thence S. 89° 45' 23" E. a distance of 350.01 feet to the POINT OF BEGINNING, said point
monumented with a found 5/8-inch diameter iron pin;
Thence N. 00° 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary of said SW
1/4 NW 1/4 to a found 5/8-inch diameter iron pin;
Thence N. 89° 45' 23" W. a distance of 49.86 feet parallel with the southerly boundary of said
S W 1 /4 NW 1 /4 to a found 5/8-inch diameter iron pin;
Thence N. 00° 36' 08" E. a distance of 145.00 feet parallel with the westerly boundary of said SW
1/4 NW 1/4 to a found 5/8-inch diameter iron pin;
Thence N. 00° 33' S4" E. a distance of 217.06 feet to a found 5/8-inch diameter iron pin;
Thence N. 00° 36' 08" E. a distance of 2.18.08 feet parallel with the westerly boundary of said SW
1/4 NW 1/4 to a point that falls in the South Slough;
Thence along said South Slough the following courses and distances;
Thence N. 84° 26' OS" E. a distance of 17.43 feet to a point;
Thence S. 66° 18' S2" E. a distance of 264.00 feet to a point;
Thence S. 34° 48' S2" E. a distance of 227.70 feet to a point;
Thence S. 71 ° 16' S2" E. a distance of 132.00 feet to a point;
Thence S, 85° 33' S2" E. a distance of 174.90 feet to a point;
Thence S. 40° 43' S2" E. a distance of 364.98 feet to a point;
MASON & STANFIELD, INC.
SURVEYORS, ENGINEERS & PLANNERS
Page 2
Thence S. 72° 58' S2" E. a distance of 99.25 feet to a point on the easterly boundary of said SW 1/4
NW1/4;
Thence leaving said slough S. 00° 37' S2" W. a distance of 111.66 feet along said easterly
boundary to the SE corner of said SWl/4 NWl/4, said corner monumented with a found 5/8-inch
diameter iron pin;
Thence N. 89° 45' 23" W. a distance of 978.33 feet along the southerly boundary of said SWl/4
NW 1/4 to the POINT OF BEGINNING.
This parcel contains 10.56 acres more or less.
Also, this parcel is subject to all easements and rights-0f--way of record or implied.
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REVS A
BY
SAN 25 2~~
MEWoRK ~ PT G
CITY OF MERIDIAN ~~E~ ' ~pZA~~`
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND LUAHC
DECISION & ORDER
In the Matter of Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40
(High Density Residential) (10.56 acres) and C-C (Community Business) (1.5 acres) zoning
districts; Conditional Use Permit. for amulti-family residential development in a proposed
R-40 zoning district; and Variance to UDC Table 11-3C-6 for a reduction in the number of
covered parking spaces required for multi-family dwellings, by Mason & Stanfield, Inc.
Case No(s). AZ-08-003; CUP-08-004; VAR-08-002
For the City Council Bearing Dates of: Apri122, May 20, and May 27, 2008 (Findings on
the June 17, 2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 20, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 20, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 20,
2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 20, 2008, incorporated by reference) .
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Tittle 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. U2-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City•Code §
11-SA.
CITY OF MERIDIAN FIIVDIIVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-003; CUP-08-004; VAR=08-002
-1-
4. Due consideration has been given to the comment(s) received from the governmental
subdivisioris 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 aze imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and Ciay 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, Site Plan, Landscape Plan,
Building Elevations, Development Agreement, and the Conditions of Approval all in the
attached Staff Report for. the hearing date of May 20, 2008, incorporated by reference.
The conditions aze 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 aze herein adopted, it is hereby
ordered that:
1. The A.ppl:icant's Annexation anti Zoning request, as evidenced by having submitted the
legal description and exhibit rnap, stamped and dated June 14, 2006, by Darin Holzhey,
PLS, included in the attached Staff Report for the hearing date of May 20, 2008
incorporated by reference, is hereby. conditionally approved.
2. A Development Agreement is required with approval of the subject Annexation &
Zoning application and shall include the provisions noted in the attached Staff Report
for the hearing date of May 20, 2008 incorporated by reference.
3. The Applicant's Conditional Use Permit request as evidenced by having submitted the
Site Plan (dated 3/12/08), Landscape Plan (dated 1/08), and Building Elevations
included in the attached Staff Report for the hearing date of May 20, 2008, is hereby
conditionally approved.
4. The Applicant's Variance request for a reduction in the number of covered parking
spaces required for multi-family developments is hereby approved.
5. The site specific and standard conditions of approval aze as shown in the attached Staff
Report for the hearing date of May 20, 2008, incorporated by reference:
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AIVD DECISION & ORDER
CASE NO(S). AZ-08=003; CUP-08-004; VAR-08-002
. -2-
Please take notice that the conditional use permit, when gc~nted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the .ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Conunission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
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 tune period within which a Petition for
Judicial Review maybe 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. Attacled: Staff Report for the hearing date of May 20, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-003; CUP-08-004; VAR-08-002
-3-
~] 1 " ~'
By a tion of the City Council at its regular meeting held on the / day of
~l.~,v~.JL , 2008..
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VO'I'ED~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED -~~
(TIE BREAKER)
`````,~~r~rj~~~or~Ta a Weerd
Attest: ````,~`~~,~'l ~ ~~~~9,j,~'%,,,
r~~
Jaycee rnan, City Clem ~ `~
~ ,~ o
'% 9 T tst • QZ` ~~`~
Copy served upon Applicant,~'{"~e,~~~~#[f~i D~@}~artment, Public Works Department and City
~~rrarrrr nN~~c
Attorney.
By: c. J(ly C ~ Q.Q~) Dated: ~- ~^~ g
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-003; CUP-08-004; VAR-08-002
-4-
CITY OF MERI~DIAIV PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
STAFF REPORT Hearing Date: May 20, 2008
(Continued from Apri122, 2008)
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Regency at River Valley (Revised)
E~ IDIAN
IDAHO
• AZ-08-003
Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40
(High Density Residential) (10.56 acres) and C-C (Community Business) (1.5
acres) zoning districts
• CUP-08-004
Conditional Use Permit for amulti-farrrily residential development in a
proposed R-40 zoning district
Withdrawn
• VAR-08-002
Variance to UDC Table 11-3C-6 for a reduction in the number of covered
parking spaces required for multi-family dwellings
• PS-08-004
Request for. approval of arivate streets within. the proposed development
The Commission heard these applications at the public hearing on March 6,. 2008. At the meeting on
March. 6"', the applicant decided to withdraw the Variance (VAR-08-001) request for a. temporary
access to SH 55/Eagle Road. At that meeting, the Commission voted to continue the project until the
March 20'" meeting so sta ff could update the conditions of approval .(Staff had originally included
draft conditions of approval because Staff was recommending several signifccant changes to the site
plan); so the site plan. could be revised by the applicant; and so comments/conditions could be
obtained from ACHD. On March 6'"'. the maker of the motion for continuance stated that they would
like to see the following changes made to the site plan: 1) Add an emergency access only driveway to
Allys Way; 2) .Provide a 10-foot wide multi-use pathway on the site in accordance with Parks
Department comments; and 3) Remove the temporary access to Eagle Road. The maker of the motion
also stated that their recommendation for approval would be prefaced on the applicant and NMID
reaching an agreement pertaining to the relocation of the Downey Sublateral. T'he Commission
supported the Variance (VAR-08-002) request for a reduction. in .the number of covered parking
paces required. The applicant has submitted a .revised site plan, which staff' has reviewed and .made
modifications to the staff report according.
Changes to the staff report since the March 6`h version. are in Bold, italics and underline.
. Comments have been received from ACRD and are
included in .Exhibit B of this report.
Regency at River Valley (revised) PAGE 1
C1TY OF MERIDIAN PLATT ING DEPARTMENT STAFF REPORT FOR THE IIEARING DATE OF MAY 20, 2008
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Mason & Stanfield, Inc., has applied for Annexation and Zoning (AZ) of 12.06 acres
from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community
Business) (1.5 acres). Concurrently, a Conditional Use Permit (CLIP) is requested for amulti-family
residential development on 10.56 acres in a proposed R-40 zoning district. ~e A variances (VAR) to
the Unified Development Code are is also requested as follows: 1) "°~°~~°'~ rr„n ,, zu ~n
. ;. Variance to UDC Table 11-3C-6
for a reduction in the number of pazlcing spaces required for multi-family dwellings in covered
carports or garages
The applicant is proposing 204 multi-family living units within 9 apartment buildings, a clubhouse,
swimming pool azea, a putting green, several gazebos, an entry. water feature, pathways, extensive
landscaping, and a playground area.
The site is located at 2500 N. Eagle Road, approximately 'h mile north of the Fairview/Eagle
intersection on the east side of Eagle Road. The subject property is currently located within the
Urban Service Planning Area.
2. SUIVIlVIARY RECOI~IENDATION
The subject applications (AZ, CUP, & VARY) were submitted to the Planning Department for
concurrent review. By city code, the Planning & Zoning Commission is not required to hold a
hearing on or act on the twe variance applications. However, because the variance requests-aye is
integral to the project, staff recommends that the Commission, as part of their action, state a
preference on the tyre variance requests, Below, staff has provided a detailed analysis of the
proposed applications. Staff is recommending approval of the subject AZ, CUP. and PS
~.plications per the conditions of approval in Exhibit B and the Development Agreement
provisions in Section 10 Staff is recommending denial of the VAR application per. the analysis
in Section. l0 and the findings in Exhibit D.
~Agl~Li~il .i iTil' vs* ra-~e~uue$t~g"C~eias tiu~.l~,~rE1lf,~,,~be~tl~-tl~
9 v Fa~sna~~cacTVa~:varvci~-acs:6a-1~Ter~c~t9-srVe-t~e'-R~~1~fRBt-the-to-n3@ke
f
CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Lars Anderson._Bach Homes;.Scott Stanfield. Mason Stanfield
Engineering
ii. In opuosition:. None
iii. Commenting: Andrew Wilk
iv. Written testimony: David Kleinert Andrew Wilk
v. Staff aresenting aaalication: Caleb Hood; S.onva Watters
vi. Other staff commenting on application: None
b. Kev Issue(s). of Discussion by Commission:
i. The addition of an emergency access. driveway to the site from Allys Wav;
ii. Support of the request for annexation of 1.5 acres with a C-C zoning designation if
the. Variance request for a temuorarv access to Eagle Road is withdrawn;
iii. Removal of one of the multi-family structures in order to provide covered. parking
Regency at River Valley (revised) RAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
. iv. The request for a variance for a reduction in the number of coveredparking spaces
required
v. The encroachment of structures .and landscaping within the easement for the
Stokesberrv/Downey Lateral along the south boundary and the proposed relocation
of the lateral and easement further to the south;
vi. Allowance of a S-foot wide multi-use pathway through the site within a public use
easement and signage identifying it as a public pathway if. a 10-foot wide pathway is
constructed. along Allvs Wav and E. River Valley Road. as approved by the Parks
Department.
c. Key Commission Change(s) to Staff Recommendation:
i. Required an emergency access only driveway to Allys Wav:
ii. Required amulti-use pathway on the site.in accordance with Parks Department
comments.;
iii. Removed the. temporary access request (Variance) to Eagle Road; and
iv. Recommendation of approval is based on the applicant and N1VIID reaching an
agreement pertaining to the. relocation of the Downey Sublateral.
d. Outstanding Issue(s) for. City Council:
i. The Commission. was supportive of the requested variance for a reduction in the
number of covered parking spaces. required; staff is not supportive. If the .parking
variance is not granted a new site plan should be submitted.
ii. Comments from AC1~D have been received and are included in Exhibit B of this
report.
iii. The applicant has submitted a .private street application as required by Condition of
Approval #1.2.3 (see Exhibit B).
g, Summary of Ci Council Public Hearin:
j. In favor: Lars Anderson, Bach Homes (Aoo icantl,; .Scott Stanfield
ji. In o~oosition: None
jjj. Commentine: Christie Little. ACRD
~ Written testimony David Kleiner~ Lars Anderson (m resppnse to Mr. Kleiner's
y, Staff nresenting annlication: Anna Canning
yy Other staff com_menNnQ on anplication: None
1L Key Issues..of Discussion by Council:
L $~ning_behind the variance reoLect for a reduction in the n ember of ren n
covered RarjtiAg maces to allow the pang areas within the irrigation district's
easement for the South Slough to be uncovered:
ji. The timing of the dedication and conctruction of .. River Vall~v Road:
jjj, The timing of installation of a traffic signal at the future 'ntersection of Eagle Road
and E. River Valley Road:
lY. Anoroval from ITD for accecc to H 55 .a le Road via the future E. River Valley
y. The number of vehicle tri~ner hour at ~c Imnac
Study ITI~ for the t~pQsed deyeloQment and warrant for a signal at the
intersection based oe the TIS;
yj. If annexation of the ~p~y iic in the hest interest of the Cih+ with'the access issues
that exist to/from the site:
Regency at River Valley (revised) PAGE 3
CITY OF IVIERIDIAN PLANNIIV.G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
1.
The City will not an~rove the ordinance for annexation of the requested parcel
until one of three contingencies occurs:
~ The Reiner Nort h Parcel DA is si gned and .the annexation ordinance is
-~
bl The ROW for Riv
er Vallev Street
is dedicated to ACRD wit
h access to EaQI
l~d<
cl The. ROW for All
eys Wav/Record
s Road is dedicated to AC
RD with access to
Fairview Avenue or Ustick Road. This woad allow tempora ry Lse of the eastern
emerPenev access Lnt'1 such time as River Valley Street is e onstrLCted.
Note:. The City does not Quarantee t hat anv of these conditio ns may occur
' in the one-vear time frame of th e DA avnrovaL These co nditions maybe
iced throuQ~ th e DA modificati on vroee
3. PROPOSED MOTION
Partial ApprovaUPartial De®ial
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08-
003, CUP-08-004, and PS=08-004 ;
~A8-9~3 and ~A~-A8-89~-~ deny File Number VAR-O8-002, as presented in the staff report for
the hearing date of May 20, 2008 with the following modifications: (Add any proposed
modifications.)
Approval
After considering all staff, applicant, and public testimony, I move to approve File Numbers AZ-08-
003, CUP-08-004, ~-88-9A~ VAR-08-002, and PS-08-004 as presented during the hearing, with
the following modifications: (Add any proposed modifications.) (You should state specific reasons
for approval of the variance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-003,
CUP-08=004, ~E~-98-98 VAR-08-002, and PS-08-004 as presented during the hearing, for the
following reasons: (You should state specific reasons for denial of the annexation, conditional use
permit, and variance, and what the applicant could do to gain your approval in the future.)
Continuance
I move to continue File Numbers AZ-08-003, CUP-08-004, -08-9~1, VAR-O8-002, and PS-
08-004 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 Addcess/Location:
2500 N. Eagle Road (Parcel #S1104233914 & #51104233920)
NW '/ of Section 4, T.3N., R. l E.
b. Owners:
RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; JACOM, LC
Regency at River Valley (revised) PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
c. Applicant:
Mason & Stanfield, Inc.
314 Badiola Street
Caldwell, Idaho 83605
d. Representative: Lars Anderson, Bach Homes
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Mixed Use -Regional
g. Description of Applicant's Request:
From the applicant's narrative: "We are requesting annexation of two zones and an
accompanying CUP. The annexation request includes 1.5 acres (for C-C zone) for the westerly
portion adjacent to Eagle Road and 10.91 acres for an R-40 zone. The request cornpl:ies with the
current Comprehensive Plan. The project will comply with the UDC with the exception of
covered parking ." (See Applicant's letter for more
detail.)
1. Date of Site Plan (attached in Exhibit A): *~~-~A6 3/12/08 (stamped by R. Scott
Stanfield, P.E., and Darin Holzhey, P.L.S.~n~34,~98)
2. Date of Landscape Plan (attached in Exhibit A): 3an~ta~3~88•~ 1/08 (prepared by Lars
Anderson, Bach Hornes)
5. PROCESS FACTS
a. The subject application will in fact constitute an Annexation & Zoning as determined by City .
Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the
Commission and City Council on this matter.
b. The subject application wil•1 in fact constitute a Conditional Use Permit as determined by City
Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the
Commission and City Council on this matter.
c. The subject applications wi•11 in fact constitute a Variance as determined by City Ordinance. By
reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on
this matter.
d. Newspaper notifications published on: February 18, 2008 and March 3, 2008 (Commission);
March 31, and. Auri114, 2008 (City Council)
e. Radius notices mailed to properties within 300 feet on: February 12, 2008 (Commission); March
28,.2008 (City Council)
f. Applicant posted notice on site by: February 22, 2008 (Commission); Apri19, 2008 (City
Council •
6. LA1VD USE
a. Existing Land Use(s): This property is currently vacant with some existing outbuildings
associated with a former residence.
b. Description of Character of Surrounding Area: This area contains a mi.x of single-fanvly
residential properties, commercially zoned vacant land, and office uses..
c. Adjacent Land Use and Zoning:
Regency at River Valley (revised) PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
1. North: Vacant commercial property, zoned C-G
2. East: Vacant conunercial property, zoned C-G and single-family residences in Redfeather
Estates subdivision, zoned R-4 .
3. South: Vacant property (in the process of being zoned C-G -Meridian Town Center), zoned
RUT (Ada County)
4. West: Single-farruly residence and vacant property, zoned RUT (Ada County); office uses
(on the west side of Eagle Road), zoned L-O; and vacant property, zoned C-G
d. History of Previous Actions:
The following applications were submitted for this property in 2006 and all were denied by the
City Council:
• Annexation and Zoning (AZ-06-035) of 12.06 acres to GC (Community Business District)
(1.50 acres) and R-40 (High Density Residential) (10.56 acres)
• Conditional Use Permit (CUP-06-022) for a multt.-fatnily development consisting of 204
multi-family residential units
• Private Street (PS-06-006) request adjacent to the proposed multi-family units
• Variance (VAR-06-014) request to iJDC 11-3C-6A to provide less than the required number
of covered parking stalls for multi-family dwellings
• Variance (VAR-06-015) request to iJDC 11-4.3.27B3 to provide less than 80 square feet of
private, usable open space for each multi-family dwelling unit
• Variance (VAR-06-016) request to UDC 11-3h-4B2 to construct a vehicular access to a state
highway at a location other than a section line road or the half mile mark between sections
e. Existing Constraints and Opportunities:
1. Public Works: •
Location of sewer: This property is proposing to connect to sewer mains located in Eagle
Road.
Location of water: This property is proposing to connect to water service mains located in
Eagle Road.
Issues or concerns: None
2. Canals/Ditches Irrigation: The South Slough runs along the northern boundary of this site.
The Downey Sublateral runs along the south boundary of the site. •
3. Existing trees: There are existing trees on the site that are proposed to be removed. The
applicant shall comply with the nutigation requirements listed in UDC 11-3B-lOC.
4. Fl'oodplain: This property does not lie within the floodplain or floodway.
5. Hazards: The South Slough is located along the northern boundary of this site and may
create a water hazard for small children as it will remain uncovered.
6. Proposed Zoning: R-40 (High Density Residential) (10.56 acres) & C:C (Community
Business) (1.5 acres)
7. Size of Pioperty: 12.06 acres
f. Landscaping
Regency at River Valley (revised) PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H- FARING DATE OF MAY 20, 2008
1. Width of street buffer(s): A 35-foot wide buffer is required along Eagle Road/SH 55, an
arterial street; a 20-foot wide buffer is required along Allys Way, a collector.street, and a 20-
foot wide buffer will be required along the future E. River Valley Road, a collector street.
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
11-3B-7C.
2. Width of buffer(s) between land uses: A 25-foot wide buffer is required in commercial
districts adjacent to any existing residential uses. There is currently an existing residence
(parcel # 1104234102) located at the south boundary of the portion of the property proposed
to be zoned commercially. If the residential use of this property exists at the time of
development (i:e. CZC submitta•1), a 25-foot wide buffer shall be provided along that
boundary. Buffers to adjoining land uses shall be installed in accordance with the standards
Fisted in UDC 11-3B-9C.
3. Percentage of site as open space: 18% or 1.91 acres of useable open space
4. Other landscaping standards: Parking lot landscaping shall be installed per the standards
listed in UDC 11-3B-8C.
g. Arneni~ties: Per UDC 11-4-3-27D.2, 4+ amenities are required for this development with at least
one from each category (i.e. quality of life, operi space, recreation). The following amenities are
proposed: walking trails, clubhouse, water feature, swimming pool, a putting green, several
gazebos, and a tot lot. The applicant has complied with this requirement.
h. Off--Street Parking: UDC 11-3C-.6 requires multi-family dwellings with 1 bedroom to have 2
parking spaces per unit, 1 in a covered carport or garage. The site plan shows 481-bedroom units,
which requires 48 covered spaces and 48 uncovered spaces. Multi-family dwellings with more
than 1 bedroom are required to have 2 parking spaces per unit in a covered carport or garage. The
site plan shows 156 units with more than 1 bedroom, which requires 312 covered spaces. A total
of 360 covered spaces and 48 uncovered spaces are required on the site for a total of 408 spaces.
The applicant has provided X299 covered spaces and X3109 uncovered spaces for a total of
408 spaces. A variance is requested, for a reduction in the number of covered parking spaces
required.
i. Required Dimensional Standards for Multi-family Residential Use in the R-40 Zone, per UDC
11-4-3-27B and 11-2A-8:
1. Minimum Building Setback: A minimum 20-foot wide setback is required along the south
and east property boundaries adjacent to E. River Valley Road and Al`lys Way because of the
required 20-foot wide street buffers (per UDC Table 11-2A-8) and a minimum 10-foot wide
setback is required along the north and west property boundaries (per UDC 11-4-3-27B).
2. Maximum Building Height: 60 feet
Summary of Proposed Streets and/or Access: Access to the site is proposed from two access
points to/from the future extension of E. River Valley Road.
;-
The applicant is proposing to
construct ~ 26' drive aisles within the multi-family development; Staff is requesting that
the applicant submit a private street•application and that minimum 26-foot wide private
streets are provided. The applicant is proposing to construct a segment of Allys Way on the east
boundary of the site in alignment with the existing Allys Way north of the site, on the north side
of LJstick Road; Staff is supportive of Allys Way being constructed. An emergency only access
to Allys Way to the east is ~ proposed; Staff is
supportive of this access.
Regency at River Valley (revised) PAGE 7
CITY OF MERIDIAN PLAN 1NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
,:
Further, as of the print date of this report, comments have not been received from ACIID.
However, Staff spoke with Matt Edmonds at ACRD and he stated that the applicant will be
required to construct half the street section of E. River Valley Road abutting the site consisting of
24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant). The applicant is
proposing to dedicate and construct the whole right-of way for Allys Way'on the eastern portion
of the site. Matt did not think that an emergency access point to Allys (as required by City Staff)
to/from the site would be a problem. Further, ACRD is requiring a road trust deposit for half of
the construction cost of the bridge over the South Slough.
Please see Section 10, Analysis, and Exhibit B of this report for more information
7. COMMENTS MEETING
On February 15, 2008 ~a joint agency and department meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this~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 MU-R designation allows for over 200,000 square feet of non-
residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use
neighborhood and mined use commercial uses, as well as regional commercial uses such as
entertainment and employment centers and clean industry. Staff believes that the requested C-C and
R-40 zoning of the property with 17.86 dwelling units per acre planned for the multi-family portion of
the development, complies with the MLJ-R designation for this property (please see Analysis, Section
10 below for more information).
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The Ciry of Meridian plans to provide municipal services to the subject
property 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.
Regency at River Valley (revised) PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
- The subject lands currently lie within the jurisdiction of the Ada County Sheri~''s Ogee.
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 (ACRD). This service will not change.
The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along
waterways.
The applicant is proposing to construct a section of multi-use pathway on the site that will
connect to the future master pathway planned along the north side of the South Slough via a
pedestrian bridge at the northwest corner of the site.
• Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five 1VIi1'e, Eight
Mile, South Slough ...etc.) throughout commercial, industrial, and residential areas.
The South Slough, which runs along the northern boundary of ..this site, should be improved
and protected during development of the site. .
• Chapter V, Goal I, Objective A.1 -Preserve and conserve our waterways, wetlands, wildlife
habitat, and other natural resources.
The South Slough, a natural waterway, runs along the northern boundary of this site. As a
natural waterway, it will remain open and should be preserved.
• Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
The applicant is proposing to construct a 6 foot tall chain link fence along the north property
boundary adjacent to the South Slough in accordance with UDC 11-3A-6B3. Six foot tall
vinyl fencing is proposed along the west property boundary. Temporary construction fencing
shall be constructed prior to release of building permits in all areas where permanent fencing
is not proposed, to contain debris during construction.
• Chapter V, Goal III, Objective D, Action 3 -Require all new parking lots to provide
landscaping in internal islands.
Landscaping is shown on the landscape plan within the parking areas in planter islands for
the residential portion of the development. A11 parking lot landscaping shall be installed per
the standards listed in UDC I1-3B-8C.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone adjacent to Redfeather Subdivision, a
residential subdivision, at the east boundary of the site and the existing residence at the
Regency at River Valley (revised) PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
southwest corner of the site. The extension of Allys Way also separates this site from
Redfeather Subdivision. If the property adjacent to Eagle Road is zoned commercially as
proposed, a 2S foot wide landscape buffer is required to be constructed adjacent to
residential uses. Staff finds that the proposed residential development should be compatible
with the existing residential properties in the area.
• Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet
development standards regarding landscaping, signage, fences, and walls, etc.
The Applicant will be required to construct a 20 foot wide landscape buffer along E. River
Palley Road that complies with UDC 11-3B-7, Landscape Buffers along Streets. All signage
proposed for the site must be approved through a sign permit and shall comply with UDC 11-
3D-10, Table 2. Fencing proposed on the site shall comply with UDC 11-3A-7.
• Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories
(low-, medium-, and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
Staff believes that the proposed high-density multi family residential development will assist
in providing a variety of residential housing opportunities in the City.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists multi-family developments as
a conditional use in the R-40 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to
multi-family developments; please see Section 10, Analysis below for more information. iJDC
Table 11-2B-21ists several uses that are principal permitted uses, conditional uses, and prohibited
uses in the proposed C-C zoning district. Among the principal permitted uses aze animal care
facilities; indoor/outdoor arts, entertainment or recreation facilities; building material, garden
equipment and supplies; churches, group daycares, education institutions, financial utstitutions,
flex space, fuel sales facility, healthcare or social services, information industry, Laundromat,
mortuary, nursery or urban farm, pazks, personal or professional service, public/quasi-public use,
restaurant, retail store, minor vehicle repair, vehicle washing facility, vertical integrated
residential project, etc.
b. Purpose Statement of the Proposed Districts:
Residential Districts: Per UDC 11-2A-1, 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 aze distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
Commercial Districts: Per iJDC 11.2B-1, 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 aze 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
a r ~r ar
Regency at River Valley (revised) PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTH°E HEARING DATE OF MAY 20, 2008
,
~~.
1. Annexation & Zoning (AZ): Based on the policies and goals contained in the
Comprehensive Plan and the Future Land Use Map designation of Mixed Use -Regional,
Staff believes that the requested R-40 and C-C zoning districts are appropriate for this
property. l~e;veve~-;
fellewieg~eeseo-- Staff believes that access to the portion of the property proposed to be
zoned C-C and all of the properties fronting Eagle Road/SH 55, south of the South
Slough' should be provided from the south via a backage road that connects, to the
future E. River Valley Road and that across-access/ingress-egress easement should be
provided to the properties to the north and south from the .subject property.~-tilt
Until
the residential property to the south re-develops, the proposed commercial portion of
the property will not be able to access E. River Valley Road, and should not use Eagle
Road aS access. lamer', c-vc~~velieyes~''°` °" " °f "'° "'~- Toatia~n~~=~
.Staff is recommending approval
of the annexation and zoning of 1.5 acres to C-C (see legal description & exhibit map for
C-C zone in .Exhibit C.3).
Staff is Ireweve~ supportive of the requested R-40 zoning designation for the eastern
portion of the property proposed for multi-family residential use for the following
reasons: The Comprehensive Plan future land use designation for this property of MU-
R allows for residential densities of 3 to 40 units per acre. The applicant is proposing
204 residential units within a proposed R-40 zoning district, which allows for the
property to develop within the desired densities stated in the Comprehensive Plan for
this area. Further, Staff believes that amulti-family development would be appropriate
and would contribute to the variety of uses in this area. For these reasons, Staff is
recommending of approval of the annexation and zoning of 10.56 acres to R-40 (see
legal description & exhibit map for R-40 zone in Exhibit C.2).
Please see Exhibit D for a detailed analysis of the required facts and findings for an
annexation & zoning request.
The legal description submitted with the application (stamped on June 14, 2006 by Darin
Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho
State Tax Corrunission.
UDC I 1-SB-3D2 provides the Planning & Zoning Commission and City Council the
authority to require a property owner to enter into a Development Agreement (DA) with the
City of Meridian that may require some written commitment for all future uses. Because of
the nature of the development and the high density zoning district proposed by the
applicant, Staff believes that a DA is necessary to ensure that the site develops in a
manor that is consistent with said plans. Staff has included a list of recommended DA
provision below. If the Commission or Council feels additional developrent agreement
Regency at River Valley (revised) PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
provisions are necessary, staff recommends a clear outline of the commitments of the
developer being required.
Development Agreement: A Development Agreement (DA) will be required as part of
annexation of this property. Prior to annexation approval, a DA shall be entered into between
the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and
the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within ~
me~l3s of City Council approval to initiate this process. The DA shall include, at
minimum, the fol°lowing:
a. A maximum of 204 multi-family residential units shall be allowed to be constructed
on the site.
b. A minimum 5,868 square foot clubhouse shall be constructed on the site, as
proposed.
c. At a minimum, amenities shall be constructed on the site as proposed on the site
plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos,
etc.).
d. All multi-family structures shall comply with the architectural standards listed in
UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the
elevations attached in Exhibit A.
e. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-
3-27 for multi-family developments.
f. The applicant shall comply with the parking standards listed in UDC 11-3C-6 for
multi-family developments as follows: for 1 bedroom units, there shall be two
parking spaces with at least one in a covered carport or garage; and for units with
more than one bedroom, 2 parking spaces shall be provided, both in a covered
carport or garage. No variance to this standard is granted.
g. A legally binding document shall be recorded that states the maintenance and
ownership responsibilities for the management of the development, including, but
not limited to, structures, parking., common areas, and other development features,
per UDC 11-4-3-27G.
h. Access to this site shall be provided from E. River Valley Road and an emerQency
only access. shall be provided from Allys Way. Access to Eagle Road is prohibited.
i. The applicant shal'1 dedicate right-of--way and construct Allys Way in accordance
with ACHD~ standards, in alignment with Allys Way north of the site, on the north
side of Ustick Road, prior,to release of occupancy of any structure on this site.
j. The applicant shall construct (or have available) at least half the street section of E.
River Valley Road (24 feet of pavement and 7-foot wide sidewalk) in accordance
with ACID standards, prior to release of occupancy of any structure on this site.
k. All existing buildings on the site shall be removed prior to release of building
permits for this development.
1. Twenty-six foot wide private streets shall be provided within the site in accordance
with the standards listed in UDC 11-3F-4.
m. A 20-foot wide street buffer will be required along the future extension of E. River
Valley Road, per UDC Table 11-2A-8. Landscaping shall be provided in said
buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape
Buffers along Streets. If NMID will not allow landscaping (i.e. trees) within their
easement for the Downey Sublateral and if there is not su, fficient room outside of the
easement for the street buffer, the applicant shall provide an additional S foot wide
strip for landscaping outside of the NMID easement, per UDC 11-3B-7C1 b.
Regency at River Valley (revised) PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2U08
n. The Downey Sublateral easement along the southern boundary of the site shall
either be relocated so that structures do not encroach within the easement OR the
structures shall be relocated outside of the easement, prior to submittal of the first
Certificate of Zoning Compliance application for the parking and common areas.
o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table 11-
2A=8: Landscaping shall be provided in said buffer in accordance with the standards
listed in UDC 11-3B-7C, Landscape Buffers along Streets.
p. Landscaping shall be provided on the site in accordance with the specific use
standards for multi-family developments listed in iJDC 11-4-3-27F.
q. The applicant shall construct 6-foot tall vinyl fencing along the west property
boundary and 6-foot tall chain Link fencing along the north side of the property
adjacent to the South Slough as depicted on the landscape plan. Temporary
construction fencing is required to be installed where permanent fencing is not
proposed, around the residential portion of the site prior to issuance of building
permits to contain debris during construction. Fencing shall be constructed in
accordance with the standards listed in UDC 11-3A-7.
r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to parking
and vehicular use areas along the north boundary of the site and adjacent to the
existing residence on the west boundary of the site, per UDC 11-3B-8C. Said buffer
is required to be planted with one tree per 35 linear feet and shrubs, lawn, or other
vegetative ground cover. If NMID will not allow trees within their easement for the
South Slough, the applicant may apply for Alternative Compliance in accordance
with UDC 11-SB-S.
s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be
constructed on the site in accordance with the Parks Department conditions
contained in Exhibit B and the standards in the Master Pathways Plan and UDC 11-
3A-8.
t. With the first CZC application, include mitigation details for the 9 existing trees on
the site, consisting of 120 caliper inches, proposed to be removed, iri compliance
with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more
details.
u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for approval
of all of the parking and common areas on the site prior to submittal of CZC's for
structures.
v. A Certificate of Zoning Compliance is required prior to issuance of a building
permit for any and all of the proposed multi-family structures within this
development. All structures must substantially comply with the building elevations
submitted with this application (see Exhibit A), the architectural standards listed in
UDC 11-4-3-27E for multi-family developments, and conditions of approval and
DA provisions listed in Exhibit B of this report. NOTE: A CZC .application may
include multiple/all multi family structures within. the development.
w. A Certificate of Zoning Compliance is required prior to issuance of a building
permit for the commercial portion of the development. Because the commercial
portion of the property is located adiacent to an entryway corridor (Eagle
Road). the future structure(s) and site shall be subiect to the design standards
listed in UDC 11-3A-19C.
x. Development of the C-C zoned portion of the site shall not occur until such time
as access is .provided to/from E. ,River Valley Road or some other
frontage/backage street; direct lot access. to Eagle Road is prohibited.
Regency at River Valley (revised) PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
y. A backage road shall be constructed on the east side of the C-C zoned
portion of the site and across-access/ingress-egress easement shall be
provided to the properties to the north and south for an extension of the
backage road and future access to E. River Valley Road. A copy said cross-
access/ingress-egress easement shall be provided to the Planning Department
prior to issuance of the issuance of a certificate of zoning compliance
application for the first multi-falruiy building.
z. he City will not aoorove the ordinance for annexation of the reauested~arcel
until one of three contin>?eneies occurs:
1) The leiner North Parcel DA is signed .and the annexation .ordinance. is
~_) The ROW for River Valley Street is dedicated to ACRD with access to
F.a lie Road• ~ - -
3) The ROW for Alleys Wav/Records Road is dedicated to ACRD. with
accecc to Fairview Avenue or Ustick Road .This would allow temnorarv
uce of the eactern emergency access until sueh_tim_ a as River Valley
Street is constructed.
Note: The City does not euarantee that a~tv of these conditions may
' in the one-year time frame of the. DA ap~xovaL These
conditions may b_e modified through the. DA modircation process.
2. Conditional Use Permit (CUP): The applicant has submitted a site plan (stamped by Scott
Stanfield on ~3~98 3/12/08, included as Exhibit A.2). The site plan depicts 9multi-family
residential structures consisting of a total of 204 residential units and a 5,868, square foot
clubhouse for the portion of the site proposed to be zoned R-40. These units consist of 28 1-
bedroom units consisting of 833 square feet (s.f.) each; 20 1-bedroom Executive units
consisting of 871 s.f. each; 104 2-bedroom units consisting of 1,037 s.f. each; 28 2-bedroom
Executive units consisting of 1,110 s.f. each; and 24 3-bedrom units consisting of 1,228 s.f.
each (see floor plan ofmulti-family units in Exhibit A.10). The overall square footage of
residential uses proposed for the property is 209,144 s.f. The applicant states that this project
will not be phased but may take a couple of years to construct.
Parking is provided on the site for the multi-farruly units as follows: There are 7 garage
structures depicted on the plan that contain 6 parking spaces each for a total of 42 enclosed
spaces; ~3-3257 carport parking spaces are provided that allow for a total of X95299 covered
spaces; and ~1-1-3109 open stalls are provided for a total of 408 parking stalls provided on the
site (see covered parking analysis below for more information on compliance with UDC
standards).
' .Per UDC 11-3C-SB, all off-street parking areas
shall be provided with a substantial wheel restraint to prevent cars from encroaching
upon abutting private and public property or overhanging beyond the designated
parking stall dimensions. Wheel stops are not depicted on the site plan. The applicant
must either install wheel stops for all parking adjacent to sidewalks or landscaping or
the sidewalk or landscape area may be widened 2 feet to allow for vehicle overhang, and
the stall length may be reduced by 2 feet (from 19' to 1'7'). Bicycle parking is also
required on the site as follows: 1 bicycle parking space 'is required for every 25 proposed
vehicle parking spaces or portion thereof, per UDC 11-3C-6G. Because 408 parking
stalls are proposed on the site, l6 bicycle spaces are required to be provided. As a
provision of the DA, the applicant shall submit a Certificate ojZoning Compliance (CZC)
Regency at River Valley (revised) PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
for approval of all of the parking and common areas on the site prior to submittal of CZC's
for structures.
Several amenities are proposed on the site in compliance with UDC standards (see amenities
analysis below for more information).
The property proposed to be zoned C-C is included on the site plan with a conceptual plan of
how the property may develop in the future; however, no development of the 1.5 acre C-C
property is proposed at this time. If the property is annexed, a backage road should be
constructed along the east boundary of the commercial district, in compliance with the
standards listed in UDC 11-3H-4B3. Further, across-access/ingress-egress easement
should be provided to the properties to the north and south of the site. No development
of this site should occur until the backage road is connected to River Valley Road.
Per UDC 11-2A-2, Multi-family Developments require conditional use permit approval and
must comply with the Specific Use Standards listed in UDC 11-4-3-27 as follows:
a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater
setback is otherwise required by the UDC. (iJDC Table 11-2A-7 requires a greater
setback of 15 feet in the rear.) The building envelopes shown on the site plan meet the
minimum setback requirements stated. However, the structures shown along the south
boundary encroach approximately 12 feet into the Nampa Meridian Irrigation
District's easement for the Downey Sublateral. (See discussion below under "ditches,
canals, & laterals.')
b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal
facilities, and transformer or utility vaults shall be fully screened from view from any
public street. The Applicant shall comply with this requirement.
c. Private, usable open space: A minimum of 80 square feet of private, usable open space
shall be provided for each unit. This requirement can be satisfied through porches, patios,
decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not
count toward this requirement. Private usable open space is proposed for each unit that
exceeds the minimum amount required by the UDC. (1 bedroom units contain 84 square
feet of deck area, and 2 & 3 bedroom units contain 81 square feet of deck area.)(See
floor plan attached in Exhibit A.10.) Staff is supportive of the proposed private, usable
open space.
d. Developments with 20 units or more s6a11 provide the following: A property
management office, a maintenance storage area, a central mailbox location (including
provisions for parcel mail), and a directory and map of the development at a convenient
location. This development does contain more than 20 units and will comply with this
requirement. A property management office and central mailbox location with parcel
storage is proposed within the clubhouse (see clubhouse floor plan in Exhibit A.I1). A
directory and map of the development is shown at the entrance of the development on the
landscape plan (see Exhibit A.3). The applicant states that the maintenance storage area
will be located within garage building #1. Staff is supportive of the proposed amenities.
e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide
parking as follows: for 1 bedroom units, there shafil be two parking spaces with one in a
covered carport or garage; and for units with more than one bedroom, 2 parking spaces
shall be provided in a covered carport or garage. The site plan shows 481-bedroom
units, which requires 48 covered spaces and 48 uncovered spaces. The site plan shows
1 S6 units with more than 1 bedroom, which requires 312 covered spaces. A total of 408
stalls; 360 covered spaces and 48 uncovered spaces are required on the site. The
Regency at River Valley (revised) PAGE 15
CITY OF MERIDIAN PLANNING DEPARTM~EIVT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
applicant has provided 395 299 covered spaces and ~-3109 uncovered spaces. A
variance is requested for a reduction in the number of covered parking spaces required
from 360 to 395 299. Staff is not supportive of the proposed parking variance. (see
Variance analysis below.)
f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of
250 square feet of outdoor common open space for each unit containing more than 500
square feet and up to 1,200 square feet of living area, and 350 square feet for each unit
containing more than 1,200 square feet of living area. (The common open space shall be
not less than 400 square feet in area, and shall have a minimum length and width
dimension of 20 feet.) Based on the square footage of the proposed units, a total of
53,400 square feet of common open space is required] 83,312 square feet of open space
is proposed on the site plan, which complies with this requirement.
f. Amenities: UDC 11-4-3.27 requires that multi-family developments with 75 units or
more provide 4 amenities with at least one from each category (i.e. quality of life, open
space, or recreation). Further, for multi-family developments with more than 100 units,
the decision making body shall require additional amenities commensurate to the size of
the proposed development. Because 204 units are proposed with this development at
least 4 amenities are required. Staff believes that the applicant more than complies with
this requirement byproviding the following qualifying amenities: 1) walking trails, 2)
clubhouse, 3) water feature, 4) swimming pool, S) a putting green, 6) several gazebos,
and 7) a tot lot.
g. Elevations: Elevations are required to meet the architectural standards set fortlt in iJDC
11-4-3-27E. The applicant is proposing 9 multi family structures, S of which consist of
different elevations (they aren't all the same). The structures are all proposed to have
brick veneer masonry, stucco, stone veneer, and fiberglass-reinforced asphalt shingles.
All of the structures are 2-3 stories in height, have the same architectural design and
appearance but are different in size based on how many units they contain. One single-
story clubhouse structure is also proposed with the same construction materials as the
multi family structures. No colors are listed for the structures on the elevations but the
colored drawing the applicant submitted contained in Ezhibit A.6 depict 4 different
colors on one structure. All of the structures within the development should have a mix of
colors and materials as depicted on the colored elevation and architectural elevations
contained in Exhibit A. The proposed elevations appear to comply with the architectural
standards. If approved, full compliance with the elevation requirements cited in UDC 11-
4-3-27E, and the elevations submitted with the subject CUP, will be required with the
future issuance of Certificate of Zoning Compliances on this site.
h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping
along their foundation. The foundation landscaping shall meet the following standards:
- The landscaped area shall be at least 3-feet wide;
- For every 3 linear feet of foundation, an evergreen shrub having a muumum mature
height of 24 inches shall be planted; and
-~ Ground cover plants shall be planted in the remainder of the landscaped area.
i. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding
document shafil be recorded that states the maintenance and ownership responsibilities for
the management of the development, including, but not limited to, structures, parking,
common areas, and other development features.
Regency at River Valley (revised) PAGE 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
Access: Access to the site is proposed from
the future River Valley Road and an emergency only access to/from
Allys Wav.
.
However, Staff spoke with Matt Edmonds at AC1-ID and he stated that the applicant
will be required to construct half the street section of E. River Valley Road abutting the site
consisting of 24 feet of pavement and a 7-foot wide sidewallc (as proposed by the applicant).
The applicant is proposing to dedicate and construct the whole right-of--way for Allys Way on
the eastern portion of the site. Matt did not think that an emergency access point to Allys (as
required by City Staff) to/from the site would be a problem. Further, ACRD is requiring a
road trust deposit for half of the construction cost of the bridge over the South Slough.
Stub Streets:.. .The Fire Department is
requesting that a stub street be provided from the site to Allys Way because of fire code
requirements for the number of dwellings proposed; the applicant has revised the site
plan to include an emergency only access to Allvs Wav. which staff is supportive of.
Staff has included a condition requiring construction of and access to Allys Way for this
development.
Ally's Way: The future alignment of Ally's Way, which exists north of the site, north of
Ustick Road at the'/< mile, lies along the eastern boundary of the subject property. As part of
the development of this site, the applicant will be required to dedicate right-of--way and
construct Allys Way in accordance with ACRD standards. Further, staff has included a
DA provision that an emergency only access be provided to/from Allys Way for this
development.
Existing ResidencesBuildings: The site currently contains some existing outbuildings that
were associated with a previous residence. The remainder of the site consists of vacant land.
Ali-existing buildings shall be removed prior to release of building permits for this
development.
Fencing: The applicant is proposing to construct 6-foot tall vinyl fencing along the west
property boundary and 6-foot tall chain link fencing along the north side of the property
adjacent to the South Slough. Temporary construction fencing is required to be installed
where permanent fencing is not proposed, around the residential portion of the site prior to
issuance of building permits to contain debris during construction. Fencing shall be
constructed in accordance with the standards listed in iJDC 11-3A-7.
Landscape Plan: The applicant submitted a conceptual landscape plan for the residential
portion of the site dated -1-~3f8~ 1/08. The applicant should note the following and/or make
revisions to the landscape/site plan as follows:
• Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along the
future extension of E. River Valley Road, as proposed. f NMID will not allow
landscaping (i a trees) within their easement for the Downey Sublateral and if
Regency at River Valley{revised) PAGE 17
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 2U, 2008
there is not sufficient room outside of the easement for the street buffer, the
applicant shall provide an additional 5 foot wide strip for landscanin~2 outside of
the NMID easement, per UDC Il-3B-7Clb;
• Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along Allys
Way;
• Per [JDC Table 11-2A-8, a 35-foot wide street buffer will be required along Eagle
Road/SH 55, an entryway comdor (upon development of the commercial portion of
the site when annexed).
• If the property proposed to be annexed with a C-C zoning district is annexed, and at
the tune of CZC submittal there is a residence adjacent, a 25-foot wide buffer shall be
provided along the east and/or south boundaries of the commercial site.
• Per UDC 11-3B-8C, a 5-foot wide perimeter landscape buffer is required
adjacent to parking and vehicular use areas along the north boundary of the site
and adjacent to the existing residence on the west boundary of the site. Said
buffer is required to be planted with one tree per 35 linear feet and shrubs,
lawn, or other vegetative ground cover. If NMID will not allow trees within their
easement for the South Slough, the applicant may apply for Alternative Compliance
in accordance with UDC 11-SB-5.
• A 10-foot wide multi-use pathway and bridge over the South Slough shall be
.provided on the site in accordance with the Parks Department conditions contained in
Exhibit B and the standards in the Master Pathways Plan and UDC 11-3A-8.
• With the first CZC application, include mitigation details for the 9 existing trees on
the site, consisting of 120 caliper inches, proposed to be removed, in compliance with
UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details.
• A detailed landscape plan shall be submitted with the CZC application per the
requirements on the CZC checklist, the conditions of approval noted in Exhibit B, in
accordance with the standards listed in UDC 11-3B.
A detailed review of the final landscaping on this site will take place with the first
Certificate of Zotung Cornpliance(s) application for the parking areas on this site. The
aforementioned notes/revisions should be reflected on a revised plan submitted with the
CZC application.
Mitigation: The site plan depicts 9 existing trees, consisting of 120 caliper inches, on the site
that are proposed to be removed upon development of the property. Per UDC 11-3B-10,
mitigation is required for all existing trees 4-inch caliper or greater removed form the site
with equal replacement of the total calipers lost on site up to an amount of 100% replacement.
Staff reconunends that the applicant comply with the mitigation standards listed in UDC 11-
3B-IOC.
Multi-Use Pathway: The Parks Department has submitted the following analysis on the
multi-use pathway required on this site:
The Meridian Pathways Master Plan depicts a future public pathway along the north side
of the South Slough (aka Finch Lateral or Finch Creek), which crosses the canal near the
location of the future Pedestrian Bridge depicted on the site plan, continues south
through the subject property and connects to the intersection of River Palley Road and
Eagle Road.
Regency at River Valley (revised) PAGE 18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 2U, 2008
With the recent annexation of the Meridian Town Center property, we expect to have a
future pathway built in the proposed 60-acre park along the south side of the South
Slough, east of Alley's Way/Records Drive. This will provide for another future pathway
connection point. To connect with the future pathway in 60-acre park site, we
recommend constructing the sidewalk along the north side of River i~alley Street as a 10-
foot, detached multi-use pathway.
A norfh/south public pathway connection through the project, '
is also required between River Palley Street and the pedestrian
bridge. The applicant has agreed to make the connection, but has requested that this
connection be allowed to be S feet wide (on the proposed sidewalks) instead of the
standard 10 feet wide due to potential impacts to the project. s~
. ~ Staff suuaorts this request ti7rovided the a>anlicant
maintains the narrower pathway. sign. it for the public. and construct a 10-foot
north-south connection along Ally's Wav. (Please see conditions of approval in Exhibit
B.)
Ditches, Laterals, and Canals: The South Slough runs along the northern boundary of this
site. The Downey Sublateral runs along the southern boundary of the site. Per UDC 11-3A-6
all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect,
cross or lie within the area being subdivided shall be covered. The South Slough is a natural
waterway and will remain open; the Downey Lateral shall be covered Per the
Comprehensive Plan, the South Slough should be improved and protected with
development of this property.
Note: The structures depicted on the site plan along the southern boundary encroach
approximately l2 feet within Nampa Meridian Irrigation District's easement for the
Downey Sublateral. Staff spoke with Steve Earl, Mason & Stanfeld, regarding this issue
and he stated that the lateral was going to be relocated 25 feet to the south. If the lateral is
relocated, the structures would no longer be within the easement: At the time of CZC
application, the easement should have already been relocated, OR the structures shall be
relocated outside of the easement The applicant should submit a letter from NMID prior to
the next Commission action on this project documenting that they are amenable to
relocating the lateral and easement ,
. IfNMID
will not allow landscaping (i.e. trees) within their easement for the Downey Sublateral and
i/'there is not sufrcient room outside of the easement for the street buffer, the applicant
shall provide an additional 5=foot wide stria for landscaping outside of the NMID
easement, per UDC ll-3B-7CIb;
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 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 used,. the developer will be responsible for the payment of assessments for
the common areas prior to signature on the final plat by the City Engineer. An underground,
pressurized irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28.
Regency at River Valley (revised) PAGE 1.9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
Certificate of Zoning Compliance (CZC): Staff is requesting as a DA provision, that a
CZC application be submitted for approval of all parking and common areas on the site
prior to submittal of CZC's for structures on the site. Additionally, a Certificate of
Zoning Compliance is required prior to issuance of a building permit for any and a ~l of the
proposed multi-family and/or eornmercial structures within this development. All structures
must substantially comply with the building elevations submitted with this application (see
Exhibit A), the architectural standards listed in UDC 11-4-3-27E for multi-family
developments, and conditions of approval and DA provisions listed in Exhibit B of this
report. Additionally, any future structure(s) proposed on the commercial portion of the
development is required to comply with the design standards listed in UDC 11-3A-19C for
structures located along entryway corridors. NOTE: A CZC application may include
multiple/all multi family structures within the development.
Private Streets: The applicant is not proposing private streets within this development. For
addressing purposes, the Fire Department and Public Works is requesting that private
streets be provided within this development. The applicant shall submit a Private Street
application to the City prior to the City Council meeting. Per i7DC 11-3F-
4., all private streets shall be designed and constructed to the following standards:
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is' to a
public street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area
for emergency vehicles as determined and approved by the Meridian Fire
Department.
4. Gates: Gates or other obstacles shall not ~be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the Fire
Marshal'1:
a. All drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. For all other private streets:
a. Roadway and storm drainage: The private street shall be constructed in
accord with the roadway and storm drainage standards of the Transportation
Authority or as approved by the City of Meridian based on plans submitted
by a certified engineer.
b. Street width: The private street shall be constructed within the easement and
shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet
as determined by the Fire Marshal relative to the height and size of the
proposed structures that adjoin the private street. Due to the height of the
proposed structures, the Fire Department is requiring a travel lane of 26
feed
riequet~e~xe~ The site plan submitted with the private street application
reflects this requirement:
Regency at River Valley (revised) PAGE 20
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 20, 2008
c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached
sidewalk shall be provided on one side of the street in commercial districts.
This requirement may be waived if the applicant can demonstrate that an
alternative pedestrian path exists. Five foot wide detached sidewalks are
proposed in front of the structures adjacent to parking.
d. Fire lanes: All drive aisles shall be posted as fire lanes with no parking
allowed. In addition, if a curb exists next to the drive aisle, it shall be painted
red.
s~et~~~ig}wv~ys:
ire-d}st~st;
• ;
,.
Applicant
withdrew request for temporary .access at the Commission hearing on March 6, 2008.
4. Variance (VAR-08-002): The applicant is requesting approval of a Variance to UDC Table
11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings
in covered carports or garages. UDC 11 3C-6 requires multi-farnily dwellings with 1
Regency at River Valley (revised) PAGE 21
CITY OF MERIDIAN PLAM~IING DEPARTMENT STAFF REPORT FOR THE HEARING DATE.OF MAY 20, 2008
bedroom to have 2 parking spaces per unit, 1 in a covered carport or garage. The site plan
shows 48 -bedroom units, which requires 48 covered spaces and 48 uncovered spaces.
Multi-family dwellings with more than 1 bedroom are required to have 2 parking spaces per
unit in a covered carport or garage. The site plan shows 156 units with more than 1 bedroom,
which requires 312 covered spaces. A total of 360 covered spaces and 48 uncovered spaces
are required on the site (408 total spaces required). The applicant has provided ~S 299
covered spaces and X31.09 uncovered space (408 total spaces proposed). A variance is
requested for a reduction in the number of covered parking spaces required from 360 spaces
to ~9-S 299 spaces. The reason for the variance is that an 80-foot wide Nampa Meridian
Irrigation District (1VMID) easement exists along the entire northern boundary of the site
where the South Slough is located. NMID does not allow permanent structures to be built
within their easement.
In order to grant a variance, the City Council is required to make the following findings (per
UDC 11-SB-4E):
a. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district;
b. The variance relieves an undue hardship because of characteristics of the site; and
c. The variance shall not be detrimental to the public health, safety, and welfare.
Staff has reviewed these findings and while Staff does not .believe that granting the requested
variance would be detrimental to the public health, safety, and welfare, Staff does find that
granting the sulijeet variance would allow a right or special privilege that is not otherwise
allowed in the district for multi-family developments. Further, Staff does not believe an
undue hardship exists because of characteristics of the site in which the City should grant a
variance. Staff believes that a residential structure(s) could be removed and the site
redesigned in order to have additional room for the amount of iJDC required covered
parking spaces.
For these reasons, Staff recommends that the requested variance for a reduction in the
number of covered parking spaces required be denied and the required parking'be
provided on the site per UDC requirements. (Please see Ezhibit D for a detailed analysis
of the required facts and findings for a variance request.) .
5 Private Street (PS-08-004)• The Applicant submitted a Private Street application on
4/18/08 requesting approval of private streets within the development. per requirement
of Staff for addressing purposes. The applicant is proposing 26-foot wide streets within
the site. per requirement of the Fire Department. Staff is supportive of the proposed
private street application The proposed private streets shall. be constructed in
accordance with the standards listed above.. per UDC 11-3F-4.
b. Staff Recommendation:
Staff is generally supportive of the requested annexation &
zoning of 10.56 acres to R-40, and the request for annexation & zoning
of 1.5 acres to C-C (see Ar-alysis, Section 10, for more information). Further, staff is generally
supportive of the CUP for amulti-family development, but is not supportive of oid~-e€ the
requested Variance applications. Staff is supportive of the request for private street (PS-08-
Regency at River Valley (revised) PAGE 22
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THEE HEARING DATE OF MAY 20, 2008
004) within the development Therefore staff recommends approval of the subiect AZ.
CiJP and PS applications and denial of the sub,~ect VAR application. See the Analysis in
Section 10 and the Findings in Exhibit D of the staff report.
and CUP request. The Merid'an City ounc'1 heard these •items on Anr~?.. Mav 20: and
1~]'~. 2008. At the public hearing on Mav 27.2008 the Council.annroved the subiect A7, .
and CLJP request.
11. EXI~ITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: gl45/86 3/12/081
3. Landscape Plan (dated: ' "~ 1/08
4. Elevations for Building A
5. Elevations for Buildings B & C
6. Colored Elevations for Buildings B & C (24 unit structure)
7. Elevations for Buildings D, E, & F
8. Elevations for Buildings G & H
9. Elevations for Building I
10. Floor Plans of Multi-Family Units
11. Clubhouse Elevations & Floor Plan
12. Gazebo Elevations
13. Garage Buildings #1 8i #7 -Elevations & Floor Plan
14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plan
B. Comments/Conditions of•Approval
1. Planning Department (DRAFT)
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District E€ez~se~
C. Legal Descriptions & Exhibit Maps
1. Proposed Annexation Area
2. Proposed R-40 Boundary
Regency at River Valley (revised) PAGE 23
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF.MAY 20, 2008
3.. Proposed C-C Boundary
D. Required Findings from LJnif ed Development Code
Regency at River Valley (revised) PAGE 24
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
A. Drawings
1. Vicinity/Zoning Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR "T E HEARING DATE OF MAY 20, 2008
2. Site Plan (dated: x/96 3/12/08)
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CITY OF MERIDIAN PLAN ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
4. Elevations for Building A
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CITY OF MERI°DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
5. Elevations for Buildings B & C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT'FOR THE HEARING DATE OF MAY 20, 2008
6. Colored Elevations for Buildings B & C (24 unit structure)
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Elevations for Buildings D, E, & F
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8, Elevations for Buildings G & H
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9. Elevations for Building I
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
1 U. Floor Plans of Multi-Family Units
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
11. Clubhouse Elevations & Floor Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
12. Gazebo Elevations
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CITY OF MERIDIAN PLANIVIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
13. Garage Buildings #1 & #7 -Elevations & Floor Plan
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CITY OF MERIDIAN PLAMdING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plans
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
B. fen{s/Conditions of Approval
1. PLANNING DEPARTMENT (DRAFT)
1.1 Annexation & Zoning Comments
1.1.1 The legal description submitted with the application (stamped on June 14, 2006 by Darin
Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State
Tax Commission
1.1.2 The applicant's request for annexation and zoning of 10.56 acres to R-40 is approved. The
applicant's request for annexation and zoning of 1.5 acres to C-C is n~ approved.
1.1.3 .Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement
with the City. Said Development Agreement shall be signed within ~~s 11,l~ of the City
Council's approval of this application. See section 10 above for analysis and comments regarding
the Planning Department recommended Development Agreement provisions.
1.2 Site Specific Requirements -Conditional Use Permit
1.2.1 The site plan, labeled as Sheet 1 of 1, prepared, by Mason & Stanfield, Inc., stamped by Scott
Stanfield on -~3f{98 3/12/08, is rret approved with the conditions stated herein.
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comments of the accompanying Annexation & Zoning (AZ-08-003) application shall also be
considered conditions of the Conditional Use Permit (CUP-08-004).
1.2.2 The landscape plan, prepared by Bach Homes, dated 1/08, is approved with the following
modifications/notes:
a. Per iJDC Table 11-2A-8, a 20-foot wide street buffer is required along the future extension of
E. River Valley Road. IfNMID will not allow landscaping (~.e. trees) within their easement
for.the Downev Sublateral and if there is not sufrcient room outside of the easement for
the street buffer, the applicant shall provide an additional S-loot wide strip for landscaping
outside of the NMID easement, per UDC 11-3B-7Clb;
b. ~ Per UDC Table 11-2A-8, a 20-foot wide street buffer is required along Al.lys Way;
. c. Per UDC Table 11.2A-8, a 35-foot wide street buffer will be required along Eagle Road/SIi
55, an entryway corridor (upon development of the commercial portion of the site when
annexed).
d. A 25-foot wide. buffer shall be provided along the east side of the C=C zoned portion of
the site adiacent to the multi-family development and along the south side of the C C
zoned portion of the site IF a residence exists at the time of CZC submittal
e. Per UDC 11-3B-8C, a 5-foot wide perimeter landscape buffer is reauired adiacent to
parking and veWcular use areas aionQ the north boundary of the site and adiacent to
the existnns? residence on the west boundary of the site Said buffer is required to be
planted with one tree per 351inear feet and shrubs lawn or other vegetative around
cover.
f. Include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches,
proposed to be removed, in compliance with UDC 11-38-10.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
g. Per LJDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation.
The foundation landscaping shall meet the following standards:
• The landscaped azea shall be at least 3-feet wide;
• For every 3 linear feet of foundation, an evergreen shrub having a minimum mature
height of 24 inches shall be planted; and
• Ground cover plants shall be planted in the remainder of the landscaped area.
h. A 10-foot wide multi-use pathway and bridge over the South Slough shall be provided on the
site in accordance with the Parks Department conditions contained below in Section 5, the
standards in the Master Pathways Plan, and UDC 11-3A-8.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the Certificate of Zoning Compliance application(s).
1.2.3
Twenty-six foot wide private streets shall be constructed within this development in accordance
with the standards listed in UDC 11-3F-4. Further. the applicant shall comply with all of the
standards listed in UDC 11-3F-4 for private streets.
1.2.4 The applicant must either install wheel stops for all parking adjacent to sidewalks or landscaping
or the sidewalk or landscape azea may be widened 2 feet to allow for vehicle overhang, and the
stall length may be reduced by 2 feet (from 19' to 17'), per UDC 11-3C-SB.
1.2.5 Bicycle parking is required to be provided on.the site. Per UDC 11-3C-6G, 1 bicycle pazking
space is required for every 25 proposed vehicle parking spaces or portion thereof.
1.2.6 The applicant should submit a letter from Nampa Meridian Irrigation District bier-te-t~e
documenting that they are amenable to relocating the Downey
Sublateral and easement that currently exists along the southern boundary of the site. If
1VMID is not amenable to relocating the easement, the site plan shall be revised so that
structures are located outside of the easement Additionally, if 1VMID will not allow
landscaping (i.e. trees) within their easement and there is not sufficient room outside of the
easement for the required street buffer along River Valley Road, an additional S foot wide strip
shall be provided for street buffer landscaping.
1.2.10 The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACRD
standards, in alignment with Allys Way north of the site, on the north side of Ustick Road. A stab
sheet driveway shall be constructed for emergency access only to/from the site to/from
Allys Way that meets the Fire Department's turning radius requirements stated below in
#3.3.
1.2.13 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department prior to construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
1.2.16 All signage for the site requires approval of a sign permit. All signage must comply with UDC
11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs.
1.2.17 An underground, pressurized irrigation system shall be installed to all landscape areas within the
development per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-
1-28.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in North
Eagle Rd. The applicant shall install mains to and through this subdivision; the 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 Eagle Road. 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 shal'1 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.
2.4 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 a
plat, but rather dedicated outside the plat process 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 EXHIBIT A) and an 81/2" x 11"map with
bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and
dated by a Professional Land Surveyor. DO NOT RECORD.
2.5 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 prunary 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
issuance of building petiruts.
2.6 Ali existing structures that are required to be iemoved shall be prior to issuance of building
permits.
2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6~.
Plans shall be approved'by the appropriate iirigation/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 issuance of building permits.
2.8 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.
Exhibit B
CITY OF MERIDIAN PLAM~IING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 2U, 2008
2.9 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.
2.10 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.
2.11 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
issuance of building permits
2.12' 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.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review .process, prior to issuance of building
permits
2.14 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.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 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 the multifamily buildings is at least 1-foot above.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shal'''l provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.21 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.
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meiidian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '/~" 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 all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All common driveways shal'1 be straight or have a fuming radius of 28'' inside and 48' outside and
shall have a clear driving surface which is 20' wide. Tti- *-'~~~ ~ -- * ~- ~.
"r"
3.4 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.
3.5 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project, which serves more than 50 homes. The two entrances should be separated
by no less than '/: the diagonal measurement of the full development. The applicant shall provide
a stub street to the property from Allys Way at the east boundary of the site. See fire code 503.1.2 for
multi-family developments over 200 units. The applicant has revised the site clan to include an
emergency access to Allvs Way: however in order for this to meet the aforementioned
requirement, a street connection needs to be provided either north to Ustick or through the
CenterCal proiect to Fairview
3.6 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.
3.7 The fire department requests that any future signalzation installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 Provide a Knox box entry system for the complex prior to occupancy.
3..10 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.11 The Fire Dept. has concerns about the addressing of the existing house and the address being
visible from the street which the project is addressed off of. Please contact the Addressing
Specialist at 898-5500 to address this concern prior to the public hearing.
3.12 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903..3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 20, 2008
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).
3.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.14 There shall be a fire hydrant within 100' of all fire department connections.
3.15 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D:105. The 26' wide roads shall be required to be a max of 30'
from the building, and shall be positioned parallel to one entire side of the .building. The fire
sprinkler system is required to be upgraded to a NFPA 13; contact the Fire Department.
3.16 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3...17 Pool chemicals shall be stored in compliance with the International Fire Code.
3.:18 Multi-Family and Commercial projects shal'1 be required to provide additional 60" wide access
point to the building from the fire lane to allow for the movement of manual fire suppression
equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided
so that building access is~provided in such a manner that the most remote part of a building can be
reached with a length of 150' fire hose as measured around the perimeter of the building from the
fire lane. Code complaint Handicap parking stalls may be included to assist meeting this
requirement. Contact the Meridian Fire Department for details per IFC Section 504.1.
3.19 Private streets are required within the development for addressing purposes.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 Applicant shall construct the sidewalk along the north side of Rivcr Valley Street as a 10-foot
wide, detasl~e~multi-use pathway. A detached pathway is strongly preferred pending
approval by ACRD and NMID Applicant shall cover the cost of replacing the detached
pathway if necessary due to future irrigation facility maintenance
5.2 Applicant shall construct
the sidewalk along the west side of Ally's Wav as
a 10-foot wide multi-use pathway.
5.3 Applicant shall construct a 5-foot wide minimum multi-use pathway through project
connecting between River Valley Street and the pedestrian bridge Applicant shall
~ma~ntain the. 5-foot path section and sign it for public access
5.4 Applicant shall design a pedestrian crossing at the South Slough/Finch Lateral, secure necessary
permits from the imgation district and City floodplain administrator, prepaze cost estimates, and
provide funds in a trust for half the cost of constructing the crossing.
5.5 All pathways,. except as .noted in these conditions of approval shall be built to the minimum
standards published in the Comprehensive Pazks & Recreation System Plan, pgs. 3-2 through 3-4,
sections B and C.
5.6 An easement shall be provided for public access to and maintenance of the pathways. The City
will not assume maintenance of the pathway until it connects from one major arterial road to
another, unless otherwise agreed to by the Pazks & Recreation Department. .
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 20U8
6. SANITARY SERVICE COMPANY
nnnt~irinrr /~I;p-•• Fin A A. . 1 1 t 1, . .
°°'^-~ixixixiaax vrvvZS-avxxcar vxvm-aaoczvr~aoxrvv~curr'tvrT
0
• r
The.site plan has been revised to comply with SSC reauirements
7. ADA COUNTY HIGHWAY DISTRICT
In response to your request for comment on VAR-08-002, the Ada County Highway District (ACRD)
Planning Review staff has reviewed the submitted application and site plan. It has been determined that
there are no site specific requirements for you at this time due to the fact that:
• This development will generate less than 10 vehicle trips per day (VTD).
If the site plan or use should change in the future, ACRD Planning Review will review the site plan and
may require improvements to the transportation system at that tune.
• Prior to final approval you will need to submit construction plans to the ACRD Development
Review Department to insure compliance with the conditions identified above or for traffic
impact fee assessment. This is a separate review process that requires direct plans submittal to the
Development Review staff at the Highway District.
• A traffic impact fee may be assessed by ACID and will be due prior to the issuance of a building
permit. Contact ACRD Planning & Development Services at 387-6170 for information regarding
impact fees.
7.1 Site Specific Conditions of Approval
7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road (S'H-55) frontage.
Subnut to the District a letter from ITD regarding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits), whichever occurs first.
Contact the District III Traffic Engineer at 334-8340.
7.1.2 In the right-of--way to be provided by the development to the south, construct the portion of River
Valley Street abutting the site's south property line as a half street section with a minimum 24-
feet of pavement, vertical curb and gutter on the north side, and a 3-foot gravel shoulder with a
barrow ditch on the south side of the roadway.
7.1.3 Dedicate a minimum of 40-feet ofright-of--way from the east property line out to Eagle Road for
the construction of River Valley Street prior to plans approval or issuance of a building permit.
7.1.4 Construct a 10-foot wide multiuse pathway along the south boundary of the site, inside a public
sidewalk easement, north of and parallel to River Valley Street. Pipe the Stokesberry Lateral
wherever it runs between the path and the River Valley Street right-of--way. If any portion of the
Exhibit B
CITY OF IvIERIDIAN PLANIViNG DEPARTMENT STAFF REPORT FOR THE HEARI°IVG DATE OF MAY 20, 2008
path lies within an imgation easement, the sidewalk easement shall be recorded prior to the
irrigation easement.
7.1.5 In the right-of--way to be provided by the development to the south, construct the portion of River
Valley Street between the site's southwest corner and Eagle Road as an off-site street
improvement, with a minimum of 24-feet of pavement and minimum 3-foot gravel shoulders and
borrow ditches on either side.
7.1.6 Provide ACRD with a road trust deposit for one-eighth of the cost of installing a traff c signal and
full intersection improvements at Eagle Road /River Valley Street.
7.1.7 Construct Allys Avenue intersectir-g River Valley Street at the east property line as a complete
collector street section with vertical curb, gutter, and 7-foot attached concrete sidewalk. Extend
the section from River Valley Street to the south easement line of South Slough irrigation ditch.
Dedicate 64-feet ofright-of--way containing the constructed portion of Allys Avenue by means of
recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of way dedication after receipt of all requested material.
7.1.8 Construct an emergency access on Allys Avenue approximately 140-feet north of River Valley
Road. Install a restrictive device to allow emergency access only (i.e. gates, bollards, etc.) to be
approved by the Fire Department
'7.1.9 `To accommodate the extension of Allys Avenue across the South Slough irrigation ditch, either:
a. Provide ACI-iD with a road trust deposit for one-half of the cost of constructing the crossing of
the South Slough irrigation ditch at the northern terminus of Ally's Avenue, or
b. Construct a ~briclge over South Slough and extend Ally's Avenue as a full collector street
section to the north bank. One-half the cost of the bridge construction maybe used to offset
the road trust deposit required in condition 6 for the signalization of the Eagle Road/River
Valley Street intersection.
7.1.10 Locate the western driveway on River Valley Street no closer than 500-feet east the centerline of
Eagle Road. Construct it as a curb return with minimum 15-.foot radii, 46-feet wide (back-of curb
to back-o.f--curb) with a center island, and paved its entire width and'at least.30-feet into the site
7.1.1. l Locate the eastern driveway on River Valley Street no closer than 175-feet from the western
driveway or the intersection of Allys Avenue (near-edge to near-edge). Construct it as a curb
return with nvnimurn 15-foot radii, to be no greater than 36-feet wide (back-of curb to back-of-
curb), and paved its entire width and at least 30-feet into the site.
7.1.12 Coordinate all germane design and timeline functions with I'I'D, ACRD, the adjacent property
owners, and Meridian City.concerning the connection and alignment of River Valley Street to
Eagle Road.
7.1..13 Provide access (and all necessary easements) to all adjacent parcels with frontage on Eagle Road
to ensure them fuhtre access onto River Valley Street through the site.
7.1.14 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 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 unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 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.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibi°lity 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 be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 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 confirmation of any change frorn the Ada County Highway District.
7.2.13 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARLNG DATE OF MAY 20, 2008
C. Legal Descriptions & Exhibit Maps
1. Proposed Annexation Area
•MA.SON & STANFI:ELD,, INC.
PRD~'ESSlONAl.E1gClN~ERS, L4•~m.SbR:vEyoR:s&P~xs
3;t4 I;~AD1U.1:A';S17EEET 't'eU~f!ITOT`~':•.(:08).A54A256
Cn4iiweLL; iiinsfi $]tUS FXxi;(30lij:AS4=A9'f9
E'meil: dDdlzhey®mseng:us
°FOR BacA :Builde%3•
~J:qB°..JJO.a TN:1205
DATE; Apia `i:8, 2006'
RE V SED • A1!1NEXATION
•IPROPERTY DESCRIP'I'I.ON
AE~'ERiVI]v;CD:BY .RECORD :DATA.
A.parcel of.land beings portion of the S'W 1/4 •Nw 1!4' of`Secfion 4,'Iowashp'3 Noi!th; Range 1
East,, $oise Nferid}ar, C-ty ofMeirdiea, Adn County'Idaho,,as.shown. oa tliai ceitsin Reeoid ol;
tiSurvey No,. 6638,, recorded as. Insti:tiinent No. 7041.2401:8 on Sept 28,.2004' in the Of1'iee of the•
Recorder otAda County, Idaho, by.Aadetscn Sun!ey,Group, fiic i'oi•,Brian. Weiss,:.more~
pa#iculitrly:•descnbed as follo`+vs
Co~encipg:at~theNW cornei of.sad $W 1•%4NlU 1/4,.~IVotib ]/1~.6•.comercommon'~to sections 4
and ~Sj, said: comer hears S, ~11.t)° 36:' 08" W:, a distance of..1391, 17 •fcet Porn the N W comer of•said.
Section.4.
Tbence S: 00" 3:6~' l:T"'W:, a distaiicg of'776:26 feet.:Lfdi~erty Soufli), along`4he• westerly boundary
of said' S..1!V-3/4 NW :1°/4 fo ttiePOII~T OF BEGINN~NGa
...
'ibence.S.,89°'23'' 49"`E:.;;a=disiaiice of 70.Q;O:feet;.(fotmerly:East),..to a point.on.the easteily
boundary of that certain ~Watrauty Decd recorded as Instrument No.950:Y8434 .in the Office of the•
Recorder of Ada County, Idaho, sand pourt monumenfed wiih a found S/8' inch diameter •iron..pin
Iu~'lced "ASG.PIS 73~P4";
...
'I<hence along.tlie boundary:ofsai~d: Record~of Stuyey~IVo..6638 the followiiigooneses aad~distaaces:
7'henoe ¢ontinuing S: 89°•23'• 49" E:,:a distance of•23:11.00. feeta..(former#y:Eastj, to_a found 3/8 ihcl
diem"e_ter ~roa pm martted "ASG PLS: 73~L4":
`Ihence;N~.'00° 36' l l" E..;;a:~distanoe:ot; 2L8:08. feet;:(formerly:Noth 21'8':05 feet); to a point o11:t}ie
southerly botmdary of that ce>•tam "Deemvnation ofHeirs", •Case No . SP 7E 030.0520IN; recorded
as Ins4rument~lVo 104'047b7S1 >.n the Office of the Recorder of Ada County..,.Idaho, sard~ point .
witnessed S~ •00° 3:6' •1,1" W.;: a distance of.40:00 feet wifh.8"found. SI8 iac'Ldiameter.iron pin
;marked.' ASCrPIS:2334";
Thence continuing along the'liouni3ary ofsad'Iteoord~.of $urveyNo: 6638 and°alons•thc:soutfierly
Boundary of.said Inst~mentN..bc 1;040470Z9~the following;courses and'dstances: -
Thenee N•. 84° 26' :l .I~":E.,. a di iance. of 1'7.:43 feet; {fbmderly N..8.3° •50.'E.j #o a• pon4;
Exhibit C
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
.~ .r.~
r
PeottSsl0lv~it:ExGiR~as",::Ur~Suaverox~:~' Pt.+K7vEirs.
~Page,2~.of:3_
'Datli Btiildera:Multi.Fsit~ily:TN.IZpSS~rj~cy~legelslRcvis~Apiiex:dgr
'Thence S .d6° 18~ 49" E.;.a• distance•of 264,.OQ feet;(formely S,, ti6° SS'E.), to a point, saidpoi:nt
referl:nced S. 45°.2(i~' 11:'' ~V1r,; a.dist~nce of 3.0.OQ feet,w~th a:found 5/8 tnch.diamete rgn.pin;
marked "AS.G,~PLS 7374";
'7'herice.:S:. •3;4"° 4'8r 49~' ~:, .a disiatice of 227.70 feet;(~'oimerly S': 35° 2S'E:)= to~ a .point, said point.
refcreticed~ 5.85°' 44' 1 S" ~ VI!., a di ranee of 11 50 feat° with a found' S/8 inch diameter iTOn. pin
;marked "ASG.PLS 7.3:1..6.";
°l'lienco.S:. 71'°' 16' 4.9" ir,.a distance..of 13:2U0 feet;(foimei]y 5::.7.1° S5'E`: ),.to a found Sl8.inch
di~erer iron pin marked "A$G PLS 7314"
Thence S.'8S°.33:' 49'' :E.,. a distance of1.74~Q0 feet;(foaneriy 5. $f ° 1:0'1;.),. to, a.point, said ;point
referenced S; 27° 42' .23" Wy a~ distance. of 30:00 ~fcet~ with s found, SL8 .inch :diameter iron, pin.
marked "ASG PT~S 73~~1:4";.
'Thence ~S.:40° 4:3' 49''~£., a `distance of 364;98 feet; {foimerly~ S; 4:1:' 2q'E.; a distance of~3b6.30
feet); to a Found .5/.8 uyclt dfametei ron~pin:rnatked ".A:3G•~PIrS 7314";
Thence $. 7.2° 38' 49." E:,. a distance of"99:29 feet;(farinerJy S..'73° 35'E:, a distance.bf 98.34 .feet),
to a~point on the.eastei:ly bouiidary<tif said SW 1/4:NW 1/4, said poixtt witnessed S. 00° 4.Q'48" W:;
a•cli'staace•Qf'20.OQfeetv.-h~;a found 5/8 incb diaIIte-er;ironpin marked:"ASG PLS 73.14";
Thence having the southerly. •boundary of said lnstriiment No: i;0404.70a9 and• continuiiag' along the
boundary of said Record, of:Survey No 6538.; S 00' 40'48" V1/.,. a distance.o€~111~.65 :feet;(fonnesly
South a,distance of,11`2.86~feet), along the easterly Boundary o€:said SW 1'%4 NW 1t4 to the S
corner of`said SW Il4.Ngi. ]/4, (oente~west ]/16 cotnex),-said' comer monumented'~wiih a found
;$B' inch di$meter.iron.pin..inacked'"PA'TPLS 4347'
7~teace N> '89°:4'S' 2`i" Vh:; a distance of 978.27.fce1;(fortnerly West a:distance :of 97:24 feet),
along~thc:southerlyl~oundary' of said SW .l%4 TIW_ I/4 to~•s found `3l8 .inch diaine'ter :iron ~pin::marked.
"ASa PbS.731°4" which hen=s' S.- 89° 4S' :21~' E„ a~:distance of 350,00 feet from. the S W oonier of
satd:sw ira Nw I4( I/4~cotner,.commonto sixtons 4 and:3};
'rhence~N. ~°.3:6' :l~l"':E:;.~~distance of 180;00 feet;. (fotmerly.NtyrtYt), to a:found S%8':inch diameter
:icon :pin mal4ed "ASG 1?LS '73°:14";
Thence N: 89° 45'''21" VV:; a distance of'49`.85~ feet;(fomerly'Westj; to. a point on:the easterly
boundary of.thar certainli~arranty. Deed.recorded as.2»stn~eat:No. 774~1806•:in the•Ot~ce of~the
Recorder of t~da..Couniy; Idaho, said' point trronuinenfed. vyitlt;a..foimd'.5%8 iticfi diainete iign _pin
ndalted "ASG PLS 7314"
Thence N 00°.3d' J 1" E.; a~. distance .of' 1;43..00 feet; ~(fomnerly North); along 1;;e. easterly boundary,
of said.lnstrurrient No:. ?741806 tQ a'paint, said point whtnessed S. 00° 3:6' 11" W., .a distance of
:1:00 foot vi!ith .a found S/8. arch. diameter iiion.pin marrked "AS.G PL$° 731 4' ;:
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
:1'&OIO;Villi.P,J1`GINif~YS,; L4ND Sf1IPVE7'ORS, & :PI,A,Y~~RS
Pegc 3. of 3 _
gt-ch Biiilde`s; Mufti'TamilyNV12031SuryeyjlegglsYRevisedAimex,dgc
Ttience N,,:8Q'~45' 2l"' VtT:;.a distance of 230:14 feei,(focuierl`y 1Ne5L):algng ihe.northe:rlv~boundary
ofsatd lrlstrumeitt Nc- 7:7.4„I~806 to a poitit ori. the easterly boundary oft6at~ said Warranty Deed.
U±strumen No 95U18434,. said ,pciint moniiinented wiili a found ~S/8~ inch drariieter iron pin. marked
"ASG PLS 7314'; -
Thence con~yng 1~,~$9° .45' 2'I" W.,.s~ distance of 7g0U` feet, along the extension:of said
riortlterly~~b4undargtp a: pont:ori~the wcsterly'boundary of,said ~.W 1/4 NW :IJ4;
Then:e.N:.UQ9 3'6' 11~"-E., a. distance of2~~8.94feet along tlie:easterly boundary gf.said Wanaiaty
:peed .IrisOrirment ldo 95a'1~8434 .to the• POINT OF B.E~D,vNNG.
11~us :parcel; contains 1.2:06 :acres More: or less.
All,aecordng to the~record of stavty.as.t+ecorded ia~the Oflyce: of the Ada Couonry Recorder.
.SUBTECT" CO: All cxistin ~ ri ~ , cs of~wa and ~ .
.: $ ~ !3h . y . easements. of record or: ~irnplied appearing. on the
alove~descritied~:pircel dfland
7`his legal.l?e~ciption. was written without the ~ticae.~it of an. actual boundary .survey. T?ie.cpurses
shown hereoa were prepared frdni thaf.e~tain. ~ecord~ of $urvcy for ~"66.38", Recorded as
~nstrurnent:No "•1.Oq 1244a $" in.,the Office oftlic Recorder of Ada:~Courity, Idaho.
_ VAL
9Y ~ 4
~~pN.~S
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 20, 2008
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Found 5/8 inch d'a: iron .pin
pL5' 733.4°, unless othsrwtse w/plcsiic ccp "ASG
noted.
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
2. Proposed C-C Boundary
~~~~ ~ P-ofessional Engineers, Land Surveyors and Planners
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FOR: Bach Builders
JOB' NO.: NV 1205
DATE: June 8; 2006
ANNEXATION
PR®PERTY DESCItIP1`ION
PARCEL 1
A parcel of land being a portion of the S W 1/4 NW 1 /4 of Section 4; Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of
Survey No. 6638, recorded as Instrument No.104T24.018 on Sept. 28, 2004 in the OilYce of the
Recorder of Ada County, Idaho, by Anderson Survey Getup, Inc. for.Brian Weiss, more
particulazly described as follows:
Commencing at the SW comer of said $Wl/4 NWl/4, (Wl/4 corner of Section 4), said comet
monumented with a brass disk;
Thence N. 00° 36' 08" E. a distance of 543.94 feet along the westerly.boundary of said SW l/4
IVW.1/4 to the PUIN'1' OP BEGINNING,;
Thence. S: 89' 23' S2" E. a distance of 70:00 feet perpendicularto said westerly boundary to a point
monumented with a found.5/8-inch diameter iron pin;
Thence continuing S'. 89° 23' S2" E. a distance of 33.0:00 feet do a found 5/8-inch diameter iron pin;
Thence S. 00° 33' 34" W. a distance of 217.06 feet to a found 5/8-inch diameter iron pin;
Thence, N. 89° 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said
S W 1 /4 NW 1/4 to a found 5/8-inch diameter iron pin;
Thence, N. 89° 45' '23" W. a distance of 70:00 feet parallel with tie southerly boundary. of said
SWl/4 NWl/4 to a found 518-inch diameter iron pin;
Thence N.'00° 36' 11" E a distance of 218.94 feet pazallel with the westerly boundary of said
SWI/4 NWl%4 to the POINT OF BEGIOVNING.
This parcel contains 1.50 aCr!eS more or less.
Also, this.parcel' is subject to all easements andrights=of=way of record or implied.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
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Exhibit C
CITY OF MERIDIAN PLAN VING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
3. Proposed R-4.0 Boundary
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. ,..a~~.S~:n ~ fyrofesSional Engineets, Land Surveyors and Rlanners
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PItOP:ERTY bESCRIPTION~
PACE:iL'3'
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A parcel of land .bein,~=a portion-of the SW :-1.14. NW T/4 of Section 4, 7'ownslrup 3 North; Range 1
EasC, Boise Meridian, City of Meridian, Ada: County fiditlto, •as shown Qn that~certain:Recoid of
•Survey No. 6638,.rocortied as;'lristrumesit N.o. 1:g41240:1~.8~ on: Sept 28, 2004 .in. the :Qff ce of the
Itecoider of Ada: Cbtitity; Idaho; by Anderson,~Suivey Group; [no. ,t'or• >Brian Weiss, more
particularly des~ri'bed`•as follows:
Commencing at i}ie. S:W~corne of•said: SW II4 NvvU4,: (GV'1/4 comet .oi::Section 4), said coiner
monumented~4!ith :a.br-ass •disl;
Thence. S, 89°45; 23". E: a.disiaince.of33(j.0`1 feet:tgthe•P(SIlVTOF.BEGI~]V1~11NG, Said.poiiat
;monnmented with: a found 5/8-ioc.~i dia~e~ter'iron pin;-
Tlience.N: UO° 36'.08" Et a distance:of 1:80.00:feet,paraflel withalie westerly boundary ofsaid.SW'
I/4;NW' 1:/d tq~a found 3/8=iicli:diai;neter iron pin;
'Thence N 89°4.5' 23" W:a distance df 49:86,feet paraU.e1 witti the southcily.bountlarry of said
SW.1Id:NWl~4 to a:found S/8=ineli•diameteiron pin;:
Thencc.N. Q'll°'3'6.' Oa" E, a distances of 445.00 •feet parallel:~wit611te westerly boundary of said SW
'1l4 NW 1 /4 ~to a foitind 3/8=rock diamet~i iron..Piny ~ •
Thence<N, .0,0° 33' S4" E, a. distance of 21:7:06:feet fo. a Tognd •5/8=inch diftineter: iron pin;
'Thence N; :O:Q9' 3.6' 08:'•'.)x; a: distance of 2]8,08 feel ~'rallel wit}! the westerly °boundary of said, SQV
I/4,TTVV~ 114: to apoint~:t&nt_fal:ls~in the South~5fough;
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Theace:along said Soutli SPougti::the follovyipg.co and distances;
Thence Tl;. 84°:26~' 0.8" ~Zr.. a:distance: of 1.7:43 feet Ito a point;
77ience. S,.66°'l:8'' S2" E`: a di."stance of 264:0:0.feet~o:a.point•;
'Thence 5:..3.4° 4:8' S2"'E, a;discance~of:227.70''fee.to:a'pginfi.
Ttience:S: 9;1° .1:6''5.2".E; a distance of1~3.200' feet :to;a;point;
Thence.$: 85° 33` 'S2" E.:a:distance:of 174:9Ufeet to a.point;.
Thence :S: 40° 43' S2" :E. a dislence:of 3.64:98 feet•_to:a poim
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FIEARING DATE OF MAY 20, 2008
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T1ienee~.S. 72°`:5$' $2" E, a disagce of:99:25 feef'.to:a point on~~ihe ~asteirly boundary of said:SW.!/.4
NW~1'%4, ~
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'I'fient:e leaving:said.slough S. OU° 37' S2" W'. a.distaitce of ! 11 66feet along said.easterly
bbtutdary~to~the~SE comer of said SWl/4 NWT/4, said comer:inonumentet! w-th a found SY8=ine~i.
diameter trori~°pins
7`henee~ N", =~9° 4~5'~ 23"' W'. a .distance of 978:33 fe'et.' alang.the ~so'ullierlq ~houndeiy of said .S W l /.4
N?01!~U4 tq t}~ePQIN~' OF BEG1Nr7IlY:G.
`1'his;:~rcel: conta~ins;1Q:56 .sense more gr'l'e~s_ ~
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A1sO,: taus parcel .is~ subject io.:al! easements and:.rights-of way of.record~ or in7plied:
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
D. Required Findings from Unified Development Code
1. Annexation 8c Zoning Findings:
iTpon recommendation from the Commission, the Council shall make a full
investigation and shall, at the .public hearing, review the application. In order to grant
an. annexation and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
Plan;
The applicant is proposing to annex and zone the eastern 1;0.56 acre portion of the
property R-40 and the western 1.5 acre portion of the property adjacent to Eagle Road, C-
C. The City Council finds that the proposed zoning map amendment complies with the
applicable provisions of the Comprehensive Plan.
.,
(see Analysis, Section
10 of this report for more information). Please see Comprehensive Plan Policies and
Goals, Section 8, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that future development of the residential portion of this property
will comply with the established regulations and purpose statement of the R-40 zone and
' future development of the C-C uortion will comely with the nuroose statement of
the commercial districts. ~~ -'
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
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The City Council finds that the'proposed zoning map amendment will not be detrunental
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
fording.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including; but not limited to, school districts; and,
The City Couneil finds that the proposed zoning amendment should not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site. ~,
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds that the annexation of the 10.56 acre portion of this property
with an R-40 zoning designation and the 1.5 acre portion of this aroperty with a C-
C .zoning :designadon is in the best interest of the City. ,
phis-time: - i, - - -- - ----- --- -- --
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Conditional Use Permit Findings:
The Commission and Council shall review the particular fact's and circumstances of
each proposed conditional use in terms of the following, and may approve a conditional
use permit if.they shall find evidence presented at the hearing(s) is adequate to
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Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
establish: I,
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district~in which the use is located.
The City Council finds that if the site is designed according to the conditions of approval
in Exhibit B, the site will be large enough to accommodate the proposed use and meet
the dimensional and development regulations of the R-4Q district and the multi-family
Specific Use Standards. ''
Note.• The applicant is requesting a variance to the cove ;ed parking standards in UDC
11-3C-6. However, StafJ`'believes that if a structure(s) is ~emoved, the applicant will be
able to comply with the required parking standards. i
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title. ~'
The City Council finds that the proposed multi-fatnily residential use in the proposed R-
40 zone will be harmoniows with and meet the objectives of the Comprehensive Plan.
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c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area. ~'
The City Council finds that the proposed multi-family development is compatible with
other uses in the general area and will not adversely change jthe character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity. i,
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the iJDC standards.
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e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies. i
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f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
f
The City Council finds that the applicant will pay to extend,the sanitary sewer and water
mains into the site. No additional capital facility costs are 'expected from the City. The
applicant and/or future property owners will be required to pay highway impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
Exhibit D
`;
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
~.
The City Council finds that the proposed development ,will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
Staff reco
gnizes the fact that traffic and noise will increase with the approval of this
development; however., Staff does not believe that the amount generated will be
detrimental to the general welfare of the public.
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h. That the proposed use will not result in the destruction; loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council fmds that the proposed development will; not result in the destruction,
loss or damage of any natural 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.
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4. Variance (VAR-08-002) Findings: ~
a. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district;
The City Council is supportive of the request for a variance'.for a reduction in the number
of covered parking spaces required by UDC 11-3C-6 from 360 to 295. Further, City
Council finds that granting a variance as requested would' not grant a right or special
privilege that is not otherwise allowed in the district for multi-family uses.
Exhibit D
f r
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008
I.
b. The variance relieves an undue hardship because of characteristics of the site;
Staff believes there are no topographical lunitations or other physical characteristics of
this lot which would prevent full compliance with UDC 11-6C-3B.4.
c. The variance shall not be detrimental to the public health, safety, and welfare.
The City Council finds that granting the variance should not be detrimental to the public
health, safety, and welfare.
5. Private Street Findines:
a. The design of the private street meets the requirements of this Article•
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b. Granting approval of the private street would not cause damage hazard or
nuisance, or other detriment to persons property or uses in the vicinity and
If the Applicant complies with the conditions listed in Exhibit B of this staff report
pertaining to private streets Staff does not anticipate any hazard nuisance or other
detriment from the private streets if they are designed and constructed as required
by UDC 11-3F-4.
c. The use and location of the private street shall not conflict with the Comprehensive
Plan. and/or the regional transportation plan
Staff finds that the use and location of the proposed private streets do not conflict
with the Comprehensive Plan and/or the regional transportation plan
Exhibit D