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HomeMy WebLinkAboutSeventh Day Adventist Church AZ-05-024 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning Approval of 5.0 Acres from RUT (Ada County) to L~O (Limited Office District), by Hawkins Companies Case No(s): AZ-05-024 For the City Council Hearing Date of: August 9 and September 6, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the August 9 and September 6,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-024- PAGE 1 of 4 verified that the property owner(s) of record at the time of issuance ofthese findings are GRH Ten Mile LLC, and Halker Properties LLc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan dated March 17, 2005 as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated March 17, 2005 is hereby conceptually approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-024- PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Approved Conceptual Site Plan Exhibit B: Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings Exhibit E: IngresslEgress Easement Area Agreement By action of the City Council at its regular meeting held on the ~~þ¿- , 2005. z(}~ day of . VOTED~ VOTED ~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) -- VOTED ~.#~ Mayo y de Weerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-024- PAGE 3 of4 Attest: SEAL = William G. Berg, f., City Cl k \ "Ib~r 1$1. ,I'. ,p ,/ "" "1 b.: ~ ".. ("\.... '6)~ - " <~/// -UUHT"l. \"" /1, \\\ 11111'11 1,1./.\1\\\ Copy served upon Applicant, The Planning and Zoning uepartment, Public Works Department and City Attomey. BY:æ.-~ ity Clerk's Office Dated:~' - 05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-024- PAGE 4 of 4 EXHIBIT A Seventh Day Adventist Church Annexation AZ-05-024 Legal Description .--_.~- . 1-150 ta<rW",c"o,"", ". Sui« 150 Mo.riJi.n, ¡d.h" 036-;2 IDAHO SURVEY GROUP Phone ÇJ\J8¡ 8>\6.-aS7D Fa.< {lOB) SIH-5399 Project No. 05-021 February 7, 2005 DESCRIPTION FOR STAFFORD PROPERTY A tract of land in the Southeast Quarter of the Southeast Quarter of Section 4, T.3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at a point on the section fine which bears North 00'17'10" East, 653.28 feet from the section corner common to Sections 3, 4, 9 and 10, T.3N., R.1W., 8.M., Ada County, Idaho; thence North 00" 17' 10" East along the section line, 411.34 feet to a point; thence North 89"39'20" West, 529.54 feet to a steel pin; thence South 00°17'10. West, 411.34 to a steel pin; thence South 89"39'20" East, 529.54 feet to the POINT OF BEGINNING, containing 5.00 acres, mora or less. ~J-- Gregory G. Carter, P,LS. l;\i'-I (, ú NP\)6\,G N'ËH\r.I"~OEP'T \Ntl"Ko . S"ISG PtOiøctsIHaiM<m-BIa", Cal (O5-043}1Da<:u1T1OK11o',DESC.doc .......~._......",-- REZONE EXHIBIT FOR HA WKINS COMPANIES A PORTlON OF THESE 1/4 OF THE SE 1/<4- OF SECTION 4-. T,3N., R.1W.. 8./,1., ADA COUNTY, IDAHO 2005 : i {{' ~. t~~" "'_A ~: "- I' -- -j . mr-."'~""r-------------~ ~ _._~. 1: _w -----------. , I : ! ! ! i , ),1 ~ ) I ;1 '. "'I ~<» oaIß I;I¡ 1>1 ,<= ~I 'I. rl .. 81 ~ zi Ii:: I i~ ¡ I"' ; I I I : I L----- J 9 -------~ om2ii""ii5ii50"l-------- I ~ j J" .; -I ~... -..~... .. -. ~~~_.".... rfc ~ ~ ~ "'¡ ~r ~ ~ -- "'- u,¡ -,- aëfu N ~ i ".. 1m . " "" IICAI..E: I" - 80' JJ:IIEICI .. -.....-- 0 --....-. e '"'1/8"""'" .....,. --------- --- -...-..-- _1M ~~ ~ oJ :1", <::>0. OJ", "-0 zø <oc 9~ ffiš :¡;: IDAHO """..,.,.."""""""", SURVEY ~~~~~ GROUP. P.C. ",,",......, EXHIBIT B Seventh Day Adventist Church Annexation AZ-05-024 Conceptual Site Plan I""'" ""-" -,._u_---- -----------"'--_u_." -"""'l I I I ¡ ¡ ¡ ¡ ¡----- I, 'J -- ¡ ¡ _,-J_i 1-----_, I,_~! .. ~:'1\ I , .¡ ,~,I :¡::':c_--., """' , I f ..,-- -- """".""-" '",-.,"" ,'. - ,- I _c., "I ""I" -i--Jo.; . ,: :l.-~~'~' --~¡;N;Ðn~ ~r[.;5:.~,,' ,I ! , ~. :,r 1j!ljIJ--~!¡jl' c£;¡1ll! ~~'~- 'l-!'~:d, ~ !í ~ ~I~ml ~! " ; I'~~í ,mi <' 'i! I ¡~i¡ ~'¡:! I"I" I' uG ¡!~~ i 1j' ~,I-I' I. 1..t\!~/" ;"'ìtí,i¡31!a¡'I'~:'it ~ 0>. ¡ fÓ~'! ~ I I l ".'J ;§ I ¡~!;!¡i~ ' Ii ;~; I!~~~ 5 ll'I""II,,¡ol '1=! ~~, ~!la¡, i ; !1il ',~ ~ "'a¡:) '~, I- 1 " ~ ;; ;¡ 31' I ~ --~-,~ ~ I ~- ¡ Ii \~ I ,,~ ": I' : ,-:-í :;b~T I ,~l I "<,.' , .,: I, T II '1 v- ~ , #:::~i:,~Ìq~~ IpFt~I-.<,-,,¿ç-,=, ,,1, ,"" ë:t:'Æ~;' 'I l ..: ~ : l - . ~] ! , .", í!I¡!!i~¡li!!f~!¡lli~ .¡ i¡l~i.!II:~;iilqi !i ;~Hd,q .'qï!,. ! , " " \ I' ~...<... !' ~ ~ :ë ~ ~ , ~8~ ~~~~ í,rnz " '"' i~~; , "r) "~(" ~ ~~"~<:J ,~ ="~ II!! ~¡(I "--" -c, -;0;;;;-11' , ' -",' "]1' ~"':;"!l".~EiiI£l:'JI':~~ -'::::~- soi .~¡""V",NTH DAY ADY"'NT';;¡:¡: i',...., IH"-iH~lr;;;-"(';¡--"1 ~~;:";':J .:.~~~/ ~~è;'~:~!:t{\;,t" ~---' ~ "', ~ '~~~~,~~~i~~~,~:',I~~~~I~~ EXHIBIT C Seventh Day Adventist Church Annexation AZ-05-024 Annexation and Zoning Comments Recommended deletions are strikøtmoughs and additions are in bold and underlined. ANEXA nON & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (stamped 4-26-05 by Gregory G. Carter) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That no alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc. . That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . That the following shall be the only allowed uses on this property: churches and associated activities. . That the applicant agrees to provide reasonable and fair means for the parcel to the west (Parcel No. S 1204449300) to acquire and improve, as a street, the 25-foot wide area containing the existing ingress and egress easement. and further a2rees to sell to the parcel to the west an additional 25-feet south of the existin2 25-foot wide easement for a future street. The means for the acquisition of the ~50-foot wide area are attached as Exhibit E, which shall be included in the development agreement. . That prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant agrees to provide a vehicular cross-access easement to the property to the south, if a driveway is constructed near the south property line. That vehicular access to this site shall be restricted to those approved by ACHD and the City. That the applicant shall construct a 6-foot tall solid fence along the west property line. Said fence shall not be constructed of cedar. That future building setbacks from the access easement shall be in compliance with the setback of the L-O zone for streets. . . . EXHIBIT D Seventh Day Adventist ChurCh Annexation AZ-Os...O24 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance II-IS-It, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenus of the following standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in II-IS-II and analysis: A. Will the new zoning be hannonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". However, the applicant has applied for office zoning on behalf of the Seventh Day Adventist Church. While the Comprehensive Plan Future Land Use Map does not explicitly support an office zoning of this property, City Council fmds that there are Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VB, Section C, "Future Conditions" states the following: "Figure VB-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." The property directly north of the subject site is designated "Public/Quasi-Public" on the Future Land Use Map, Chapter VB of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. NOTE: The City does not have a zoning designation that closely cOlTesponds to the public/quasi-public designation shown on the Comprehensive Plan Future Land Use Map. Therefore, several properties that are designated for public/quasi-public uses are zoned L-O, including the LDS Church to the north. City Council recognizes that the land use designations on the Future Land Use Map are conceptual. Because the Comprehensive Plan is a "guide" when determining land uses and can be applied generally to areas, City Council believes that this is an instance to expand the public/quasi-public designation slightly south of where it is depicted on the Future Land Use Map. City Council finds the following Goals, Objectives. and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arteóal streets." (Chapter Vll, Goal IV, Objective D. Action item 2) On the submitted conceptual plan, the applicant is proposing two access points to Black Cat Road, an arterial roadway. ACHD has approved two access points for this property, but not as shown on the conceptual plan. See the ACHD stqffreport and Finding UJ" for further analysis. . "Require appropriate landscape and buffers along transportation co1TÍdors (setback, vegetation, low walls, benns. etc.)." (Chapter Vll, Goal IV, Objective D, Action item 4) Black Cat Road is designated as an arterial street. By City Ordinance, a 25- foot wide landscape buffer is required a4jacent to Black Cat Road (MCC 12- 13-10-4). Landscaping will be required by the City with CZC/Subdivision approval. . "Require that development projects have planned for the provision of all public services" (Chapter Vll, Goal III, Objective ~ Action items 1 and 4) On June 17, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. The applicant has also listed some Comprehensive Plan policies that support the annexation and proposed use of the property (see applicant's letter dated May 5, 2005). If the applicant enters into a development agreement to develop the property with a church and not professional offices, clinics or other commercial uses, City Council finds that L-O zoning of this property will be harmonious and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. This site plans depicts a church and associated parking on this property. City Council does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated church use is principally permitted in the requested L-O zone. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that churches, as well as professional offices, laboratories, libraries and medical clinics are culTently permitted uses within the requested L-O zone. Further, there are several uses in the requested L-O zone that can occur with conditional use permit approval. There is no detailed development plan proposed for this property at this time. City Council is concerned that this area may turn into a commercial retail site, and is limiting the uses that can operate on the site to church type uses. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For exampl~ have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the recent annexation and zoning of Milliron Subdivision, and the construction of the LDS Church directly north of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and Black Cat Road and Cherry Lane are not in the current ACHD Five- Year Work Program or CIP for roadway improvements. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vieinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future church building(s) in accordance with City Code. Although residential uses were envisioned for this area when the 2002 Comprehensive Plan was adopted, City Council finds that an L-O zone also complies with the Comprehensive Plan (see F. G. Finding "An above). City Council finds that the design of the submitted conceptual layout for a church building could be harmonious with the adjacent properties if cross-access is provided to the parcels to the west (single-family home) and north (LDS Church) and/or south (single-family home), and appropriate landscape buffers are installed along the perimeter of the property, City Council further finds that the proposed office zone and church use will change the existing character of the area,. but that the proposed zone and future use should be harmonious and appropriate in appearance with the character of the overall area. City Council finds that any future uses. if designed. constructed and operated in accordance with adopted city ordinances. should be harmonious and appropriate in appearance with the intended character of the vicinity- Will the proposed u~ not be hazardous or disturbing to exisông or future neighboring uses; The 2002 Comprehensive Plan Future Land Use Map designates the property to the north as public/quasi-public; the property to the east is medium density residential; and. the properties to the south and west are designated for low residential densities. City Council finds that the zoning of this property to L~ for a future church should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City. and all development and landscaping ordinances are exercised. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the penon responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is cuITently being constructed in Black Cat Road as part of the improvements for Milliron Subdivision to the west. Water mains are readily available in Black Cat Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On June 17, 2005. a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received ITom agencies/departments. City Council finds that the public services listed above can be made available to accommodate the proposed development. L J. H. WiD Dot create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street (driveway) inftastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/Subdivision approval process. The primary public costs to serve the future uses will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. WiD the proposed uses not involve uses, activi~ processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive prodnction of traffic, noise, smoke, fumes, glare or odors; If the subject annexation and zoning application is approved, the applicant intends to construct a church building on this site. ACHD staff estimates that a church will generate approximately 400 additional vehicle trips per day- City Council finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact developing this site will have on the public will depend upon the type of use(s) approved and the square footage of the building(s). City Council recognizes that traffic and noise will increase with the approval of this annexation application/development; however, due to churches historically having a low impact on the surrounding area, City Council does not believe that the amount traffic and noise generation will be detrimental to the general welfare of the public. Further, City Council does not anticipate the proposed annexation and subsequent church use will create excessive smoke, fumes, glare, or odors. City Council finds that the proposed L-O zoning and church use should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, City Council believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the public/quasi-public designation of the Future Land Use Map and does not negatively impact nearby properties. Will the area have vehicular approaches to the property which shall be so designed as not to create an inteñerence with traffic on surrounding public streets; L. On the submitted conceptual plan, the applicant has depicted two access points to Black Cat Road. The proposed driveways are located near the north and south property lines. The ACHD consider access points in their analysis of development applications. The ACHD has not approved the driveway locations as shown on the conceptual site plan. The ACHD has given the applicant two options for access: 1) construct one driveway at the south property line and provide cross- access to the properties to the south and west, and construct a second driveway in alignment with Milliron Drive, or 2) construct one driveway at the north property line and provide cross-access to the properties to the north (LDS Church) and west, and construct a second driveway in alignment with Milliron Drive. Because the property to the west does not have frontage on a public street, City Council believes that a cross-access easement between the subject property and the property to the west should be provided. If cross-access is provided to the west, then the property to the west can redevelop and access Black Cat Road. City Council believes that the proposed uses (and potential access) should not be hazardous to neighboring uses or traffic flows if they are constructed as required by ACHD. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if cross-access between the subject property and the adjacent properties are provided. See the ACHD staff report for more analysis. K. Will not result in the destnaction, loss or damage of a natural or scenic feature of major importance; and City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. All existing trees larger than 4" caliper that are removed from the site, that the City Atborist deems necessary for mitigation, shall be mitigated for. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ont. 592, 11-17-1992)" The legal description submitted with the application, prepared by Idaho Survey Group, shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. The subject property is within the Urban Services Planning Area. The land directly north, and east of the subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, City Council finds that the annexation/zoning of this property would be in the best interest of the City. NOTE: City Council has included Development Agreement stipulations for annexation and zoning of this property. EXHIBIT E Seventh Day Adventist Church Annexation AZ-05-024 Ingress/Egress Easement Area Agreement GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability company, (collectively, "Grantors") hereby agree that Grantors, and its successors and assigns shall sell fee title, for "fair market value" (as determined below), to the Northerly ~ 50 feet of the Property [either derIDed term earlier in Development Agreement or insert description] (the "Easement Area") to the owners ("Benefited Owners") of the benefited property of the Easement Area, (such property depicted on the map attached hereto as Exhibit "A1" and made a part hereof, and more particularly described on Schedule I attached hereto and made a part hereof), if so requested by the Benefited Owners or their successors or assigns, for the installation and construction of a public road and only upon the approval by the City of Meridian of an annexation and re-subdivision of the benefited property, or a portion thereof, consistent with the City of Meridian Comprehensive Plan in effect at the time of request or otherwise with specific notice to Grantor. A portion of t+he Easement Area is subject to an existing easement for ingress and egress, as evidenced by that certain Warranty Deed, recorded October 9, 1975, as Instrument No. 7530794, in the Official Records of Ada County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon the fair market value for the fee title to the Easement Area, said valuation shall be determined in the following manner: Grantor and the Benefited Owners shall each appoint an appraiser to determine the fair market value of the fee title to the Easement Area and improvements. If those two appraisers' determination of fair market value are within five percent (5%) of each other, then the "fair market value" shall be the average thereof. If the two determinations for fair market value are greater than five percent (5%) apart, then the parties shall jointly select and hire a third appraiser and thereafter the "fair market value" shall be the average of the two closest valuations whether such valuation be the determination of Grantor's appraiser or the Benefited Owners' appraiser or the third appraiser. Each party shall pay for the cost of their own appraisal and shall pay for one- half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or otherwise do not accept the final determined fair market value, Grantor shall be released from its obligation to sell the Easement Area as set forth in this paragraph. The City of Meridian is not a party of interest to this transaction and will not be involved in any part of the detennination of fair market value. If other vehicular access to Black Cat Road and/or Cherry Lane is acQuired bv the Benefited Owners to the west. then the reQuirement of the Grantors to sell the Easement Area sha!!..be null and void. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFf REPORT STAFF REPORT: Hearing Date: September 20, 2005 Transmittal Date: September 15,2005 ~.. ;"i' ' , ',", ,', cU"e;ìdi ~~ ,~ " " 'Ii i!)SIH' " '~~<:_"¡'\~!"_"I...t...",.~ S"~!>- ,___(11' .. ..- --..- '~11 TO: Mayor & City Council Sonya Watters, Assistant City Planner .sw Michael Cole, Development Services Coordinator Me FROM: SUBJECT: Bridgetower Crossing Subdivision No. 13 Request for a Final Plat Approval of Bridgetower Crossing Subdivision No. 13 Consisting of 55 Single-family Residential Building Lots and 5 Common Lots on 20.81 Acres in an R-4 Zone by Primeland Development, LLP (File# FP-O5-058) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has applied for final plat approval of the thirteenth phase of Bridgetower Crossing Subdivision, This phase includes 55 single-family residential building lots and 5 common lots on 20.81 acres, The gross density of this phase is 2,64 dwelling units per acre and the net density is 3,18 dwelling units per acre, This phase is located approximately Y2 mile west ofN, Linder Road and Y2 mile north ofW, Ustick Road, in the E Y2 of Section 35, TAN" R.1 W. The subdivision is located in an R-4 zone and has been approved as a planned development. The minimum house size within the subdivision is 1,400 square feet, excluding the garage, The Preliminary Plat was approved under the name of Bridgetower Crossing East Subdivision, The approved Planned Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69 feet for single family residential lots in this subdivision, The common area lots within the subdivision consist of landscape and pathway lots, and will be maintained by the Bridgetower Crossing Homeowners Association. The pressillized irrigation system within this development is to be owned and maintained by the Bridgetower Crossing and Verona Homeowners Associations. The final plat for this phase shows a total of nine building lots more than was approved with the preliminary plat and the lots were subsequently made smaller. Also, a drainage lot that was proposed in Block 42 was removed as drainage is now located in roadside swales. Staff has no concerns because the proposed total number of lots is still consistent with the number of lots approved for the preliminary plat. (Previous phases of the preliminary plat removed building lots,) Therefore, staff finds that the proposed final plat substantially complies with the preliminary plat. Staff recommends approval of Bridgetower Crossing Subdivision No, 13 with the comments and conditions stated in this report, FP-O5-058 Bridgetower Crossing Sub13 FP,doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenns of the approved Preliminary Plat (PP-02-014), Conditional Use Permit (CUP-OI-006) and Development Agreement (Inst. No, 101117652). 2, Sanitary sewer service to this site is being proposed via sewer mains installed in previous phases of this development. The applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe, If cover is less than 3-feet from the sub- grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications, 3. Water service to this site is being proposed via existing mains installed in previous phases of this development. The applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 4. Underground pressurized iITigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association, Since the system is being proposed as a private system, plans and specifications for the iITigation system shall be reviewed by the Public Works Department as part of the development plan review process, A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 5, Submit a copy of the executed encroachment agreement with Settler's Irrigation District, for all of the lots along the northern boundary of this phase in Block 33 than encroach within the 35-ft. wide Coleman Lateral easement indicating how the land underlying the easement may be used, prior to signature on the final plat by the City Engineer. If encroachment is not granted, the easement area will need to be removed from the building lots, 6. The portion of the Settlers Irrigation Coleman Lateral Easement that falls into this phase and is graphically depicted on the plat may cause some to believe there is a graphically depicted 5~foot wide easement that supersedes the standard 10-foot wide back property line easement. Either graphically depict the 10-foot wide Public Utilities, Drainage and lITigation Easement or specifically name those lots, in a plat note, to be subject to the standard 10-foot wide Public Utilities, Drainage and Irrigation easement. 7, All fencing shall be in compliance with MCC 12-4-10, 8. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridgetower Crossing Subdivision. 9, The Landscape Plan, prepared by Harvest Design and dated 8/22/05, is approved as submitted. 10, All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year stonn event. Side slopes within drainage areas must be less than 3:1 for accessibility and maintenance, Stonn drainage facilities must be in compliance with MCC 12~13- 14.2, FP-O5-058 Bridgetower Crossing Sub13 FP,doc PAGE 2 2. 3, 4. 5. 6. 7. 8, 9, 10, CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to confonn, 12, Complete the Certificate of Owners and its accompanying Acknowledgement. 13. The Certificate of Owners appears to be missing the "bearings and distances" of a portion of the western outer boundary of this proposed development. The applicant shall confirm this infonnation and make the necessary corrections. 14. Staffs failure to cite specific ordinance provisions or tenns of the approved Preliminary Plat, Conditional Use Pennit or Development Agreement does not relieve Applicant of responsibility for compliance, GENERAL REQUIREMENTS 1. 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 City Ordinance 12-4- 13, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation, 250 and 100.watt, high.pressure sodium streetlights will 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 detennined after power designs are completed by Idaho Power Company, Street light contractor to obtain design and permit from the Public Warks Department prior commencing installations. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures, Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. Developer shall coordinate mailbox locations with the Meridian Post Office, FP-O5-058 Bridgetower Crossing SubI3 FP,doc PAGE 3 14. 15. 16. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374, 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for reVIew, 13, Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% well be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 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. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 13 with the above stated comments & conditions. FP-O5-058 Bridgetower Crossing Sub13 FP,doc PAGE 4