HomeMy WebLinkAboutArnke Subdivision AZ
PARTIES:
1.
2.
3.
DEVELOPMENT AGREEMENT
City of Meridian
2070, LLC, Owners
MCA Construction, Inc., Developer
THIS DEVEL~NT AGREEMENT (this "Agreement"), is made and
entered into this , day of ~&MlJfL.2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and 2070, LLC,
hereinafter called "OWNERS" and MCA Construction, Inc., hereinafter called
"DEVELOPER" .
1.
RECITALS:
1.1
-, WHEREAS, "OWNERS" are the sole owners, in law and/or equity,
of certain tract ofland in the County of Ada, State ofIdaho, 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. § 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners" and/or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owners" and/or "Developer" has submitted an
application for annexation and zoning of the "Property's" described
in Exhibit A, and has requested a designation of (R -40) High Density
Residential District, (Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owner" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 1 OF 11
1.6
1.7
1.8
1.9
1.10
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
WHEREAS, City Council, the 20th day of September, 2005, 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
WHEREAS, the Findings require the "Owners" and/or "Developer"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
~~OWNERS" and/or "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
WHEREAS, "City" requires the "Owners" and/or "Developer" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 2 OF 11
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
3.2
3.3
3.4
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERS": means and refers to 2070, LLC, whose address is
1301 N. Forestdale Place, Eagle, Idaho 83616, the parties who own
the said "Property" and shall include any subsequent owner(s) ofthe
"Property" .
"DEVELOPER": means and refers to MCA Construction, Inc.,
whose address is 1301 N. Forestdale Place, Eagle, Idaho 83616, the
party developing said "Property" and shall include any subsequent
developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A" describing the parcels to be annexed and
zoned R-40 (High Density Residential) 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 11-7-2 (F) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the R-40 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-028 application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
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5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has
submitted to "City" an application for conditional use permit site plan dated May 23,2005,
and shall be required to obtain the "City'" approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That the applicant will be responsible for all costs associated with the
sewer and water service extension. Any existing domestic wells and/or
septic systems within this project will have to be removed from their
domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental
to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
3. The applicant has submitted elevation drawings for the proposed dwelling
units included with the CUP. Staff believes that the dwelling units will
be compatible with the adjoining uses, ifthe buildings are constructed as
shown on the submitted elevations. Construction within Amke
Subdivision should substantially comply with the elevations submitted by
the applicant. Construction materials used on the structures should be
approved by the City of Meridian Building Department and in accordance
with the most recent Uniform Building Code.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 4 OF 11
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.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owners" and/or "Developer" and if the "Owners"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
9. INSPECTION: "Owners" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owners" and/or "Developer", "Owners" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owners" and/or "Developer"
of anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
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"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or
"Developer", prior to the third reading of the Meridian Zoning Ordinance in cormection 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners" and/or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners" and/or "Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owners" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount oftime of
such delay.
14. 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 § 12-5-3, to insure that installation of the improvements,
which the "Owners" and/or "Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
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15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances ofthe City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
MCA Construction, Inc.
1301 N. Forestdale Place
Eagle, Idaho 83616
OWNERS:
2070, LLC
1301 N. Forestdale Place
Eagle, Idaho 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 7 OF 11
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owners" and/or "Developer" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owners" and/or "Developer" has fully
performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 8 OF 11
"Owners" and/or "Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
MCA Construction, In .
OWNERS:
2070, LLC
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 9 OF 11
CITY OF MERIDIAN
BY:
MA YOR TAMMY de WEERD
Attest:
CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada,
)
On this IS day of ffp V ,2005, before me, the undersigned,
a Notary Public in and for said State, personally appeared Michael Amke, on behalf of2070,
LLC, known or identified to me to be the :.&'~:I". of said corporation, who
executed the instrument on behalf of said co oration, and acknowledged 'to me that he
executed the same.
(SEAL)
N otarfP:~::> - -
Residing at: ~eu.~ ~o E,LWk
PAGE 10 OF 11
My Commission Expires: OS(OCi '7.01'2.
STATE OF IDAHO, )
: ss:
County of Ada,
)
On this IS" day of 4/tJ/ ,2005, before me, the undersigned,
a Notary Public in and for said State, personally appeared Michael AnY;Ie, , be,half ofMCA
Construction, Inc., known or identified to me to be the AI'-5' /hJ¿ of said
corporation, who executed the instrument on behalf of said corporation, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
Nota,(;~aCy..uP ~
Residing at: Wf'u.~ ~o g~1<--
My Commission Expires: os-/o9./7..o,;¿
STATE OF IDAHO)
: ss
County of Ada
)
On this day of ,2005, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 11 OF 111+
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
C. Legal Description
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claiborn... waite consulting~
engineers & SUI\'eyors
1461 S. Teare Avœue
Meridian, Idaho 113642
(208) 288-2693
Fax(208)8~8002
P.N.2234
May 4, 200S
ANNEXATION '" REZONE DESCRIPTION FOR
PROPOSED ARNlΠSUBDMSION
A parcel orland located ill the Northeast 114 of Section 1 I, T.3N., R.IW,. 8_M..
Meridian, Ada County, Idaho, and beins more particularly described as foUows:
Commencing at the Eut 1/4 wmer of said Section 11, &om which the Center 1/4 comer
bears N 89"10'36" W, 2655, JO tèet;
thence N 89"10'36" W along the South boundaty of said Northeast 1/4, also being the
c:cmcrIiDe ofW. Pine AvenuCI for a distance of 143 us filet to the REAL POINT OF
BEGINNING;
thence l-.ving said South boundary N 00"29'24" E for 8 dil1lnœ cñ264.17 feet
(fonnerty described ItS N 00002' E, 263.6 feet);
thence N B~8'27" W for a distanoc of 46.97 feet;
thence N 76°41'50" W for B distaDce of94.49 feet (formerly described as N 77°39' W,
95.1 feet);
thence N 83"29'OT' W for a distance 0£218.62 feet (formerly described al N 84°33' W,
218.4 feat);
tbenœ S OO"S 1 '32" W for a distance oneS.88 feet (formerly described as S 00"02' W,
304.6 feet) to a point on the South boundaJy of said Northeul 1/4, also beins the
centerline ofW. Pine Avenue;
thence S 89"10'36" E for a dÌItaIlœ of358.50 feet to the POINT OF BEGINNING;
containing 2.34 acres orland, more or las,
BR.fjW AP~R;;tJ ~
Prepared by: Todd It, Waite P.L.S.
i-Il, , .( - :-, 1"';
MER"""'" PUB~IC
W(1RIIS OEP".
'\Spud I ~ (2234 )\DocumeaI5\ARNJŒADIItJCdac.doc-l
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 2,06 acres from RUT (Ada County) to R-40
(High Density Residential) AND Preliminary Plat Approval of 18 building lots and 3
common lots on 2,06 acres AND Conditional Use Permit Approval for 18 townhouses in a
proposed R~40 zone, for Arnke Subdivision, by Michael Arnke,
Case No(s): AZ-OS-029, PP-05-028, CUP-OS-037
For the City Council Hearing Date of: September 20, 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')
ofthe 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 September 20, 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 §67-6S09, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5.029 / PP-O5-028 I CUP..Q5-037- PAGE I of5
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
verified that the property owner(s) of record at the time ofissuance of these
findings is Don and Betty Heffel.
4. Required Findings per Zoning and Subdivision Ordinance
a. See the staff report attached as Exhibit A for the findings required for these
applications.
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 Descriptions in Exhibit A, the Preliminary
Plat dated May 3, 2005 as shown in Exhibit A, the Site Plan dated May 4, 2005 as
shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A, and the
CUPIPD Site Specific and Standard Conditions as shown in Exhibit A. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS.029 / PP.05.028 / CUP-05-O37. PAGE 2 of 5
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 Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated May 3,2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May
4, 2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibit A.
4. The following modifications to the site specific conditions for the Conditional Use
Permit were made at the September 20, 2005 City Council hearing;
i. Add a Condition which states: "The applicant shall construct a 6 foot
solid vinyl fence on the exterior perimeter of the property."
ii. Add a Condition which states: "The approved elevations shall include
brick on the rear of the buildings."
D. Notice of Applicable Time Limits
.1. Notice of Eighteen (18) Month Conditional Use PeITl1it Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as pennitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of penn anent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water tines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (I 8) 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 year from the original
date of approval by the council. Ifthe successive phases are not submitted within one
year intervals, the conditional approval ofthe fu.ture phases shall be null and void.
(MCC 11-17-4.B.)
2.
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
CITY Of MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS.O29/ PP.OS-O28 / CUP-OS.O37. PAGE 3 of 5
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice afFinal Action and Right to Regulatory Takings Analysis
E.
L The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 toIl the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meddian, 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 pennit 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.
Exhibits
Exhibit A: Staff Report
By action of the City Council at its regular meeting held 011 the ..:LO~
5f-pb-m ~y- , 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED Yf a-
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~I (ì .
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-
:;,~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ.O5-029/ PP-OS-O28 / CUP-O5-037- PAGE 4 of 5
Attest:
William G. Berg, Jr., Ci CI rk ; SEAL. §
. 1". ,.C.J-
%. 'V.. ~~ "~J¡'> j
-;. 4:)~ ~r lß"t . .$
~,"Y ~ ~
Copy served upon Applicant, The PIåÍ'~~l}.~)'ýèpartment, Public Works Department
1111 1\1
11111/1 /111"\\
and City Attorney.
By: ShM fY7 8nù~
City Clerk's Office
Dated:---LO"- 11- 0'5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-029 I PP.O5.028 I CUP-O5-037- PAGE 5 of 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. ~UESTiONS? CALL (2011) 11114-5533
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STAFF REPORT
TO:
FROM:
SUBJECT:
City Council Hearing
Hearing Date: 9/20/2005
Mayor, City Council
Josh Wilson, Associate City Plalmer
Michael Cole, Development Services Coordinator
Arnke Subdivision
.
AZ-05-029
2.06 acres from RUT (Ada County) to R-40 (High Density Residential)
PP-05-028
.
.
18 building lots and 3 common lots on 2.06 acres
CUP-05-037
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
18 townhouses in a proposed R-40 zone
The applicant, Michael Amke, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and
Conditional Use Pennit (CUP) approval of 18 building lots and 3 common/other lots on 2.06 acres. The
site is located on the north side of W. Pine Avenue approximately one-quarter of a mile west of Linder
Road. This site is currently rural residential with one single family residential building and accessory
buildings. The site has not been previously platted.
2, SUMMARY OF PLANNING AND ZONING COMMISSION HEARING
.
On August 18, 2005, the Plamung & Zoning Commission made a recommendation for approval
on the subject application, as reflected in the Clerk's record and the minutes and duly considered
the evidence and the record in this matter.
Staff presenting application: Josh Wilson presented the application.
In favor: Shawn Nickel, applicant's representative and Michael Arnke, applicant
.
.
.
In opposition: None.
CO1mnenting: Paul Geile
Key Commission Changes to Staff Recommendation:
0 Accept changes to staff report as outlined in the memo from Josh Wilson, dated August
18, 200S, with the following changes:
. Modify Item #2 to include the requirement for a cross-access agreement with
the LDS church property to the east, prior to submittal of the final plat.
. Modify Item #4 to read "The request for the installation of a security gate at the
entrance to the service drive from E. Pine Avenue is approved, and the applicant
shall work with PlatU1ing and Zoning staff to provide an acceptable escape route
for vehicles that do not have access to the development."
Outstanding Issues for City Council:
0 Staff is not in support of the request for a security gate at the entrance to the
.
.
.
Amke Subdivision- AZ-O5-029. PP.OS.O28, CUP-O5~O37
PAGE I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
development from E. Pine Avenue. The applicant should detail at the hearing how the
gate will be designed to minimize interference with traffic on E. Pine Avenue. The
applicant should address stacking capacity, demonstrate an escape route for vehicles that
do not have access to the development in order to prevent vehicles from backing out
onto E. Pine Avenue, and address Fire Department concerns.
3, APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2070 W. Pine Ave. / N. side ofW. Pine Ave., W. ofN. Linder Road
3N1 WIt
b. Owner:
Don and Betty Heffel
8401 Justine Court
Las Vegas, Nevada 89128
c. Applicant:
Michael Amke
8401 Justine Court
Las Vegas, Nevada, 89128
d. Representative: Shawn Nickel, SLN Planning, Inc.
e. Present Zoning: COUNTY
f. Present Comprehensive Plan Designation:
High Density Residential
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): 5/03/05
2. Date of CUP site plan (attached as Exlùbit A2): 5/04/05
3. Date of landscape plan (attached as Exhibit A3): 4/24/05
h. Applicant's Statement/Justification (reference submittal material):
Shawn L. Nickel, SLN Planning, Inc. has submitted a Letter of Intent with the
application, dated May 15, 2005 for the AZ and PP, and July 14, 2005 for the CUP. The
applicant states that the request is consistent with the Comprehensive Plan and will benefit the
public interest by providing a diverse housing type.
4, PROCESS FACTS
a.
The subject application will in fact constitute an armexation and/or rezone as detennined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11
Chapter 16, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a
public hearing is required before the City Council on this matter.
The subject application will in fact constitute a conditional use as determined by City
b.
c.
Amkc Subdivision- AZ-OS-029, PP~O5.028, CUP-05-037
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a
public hearing is required before the City Council on this matter.
d. Newspaper notifications published on: July 18 and August 1,2005
e. Radius notices mailed to properties within 300 feet on: July 20, 2005
f. Applicant posted notice on site by: July 26, 2005
5, LAND USE
a. Existing Land Use(s): Rural Residential
b. Description of Character of SulTounding Area:
c. Adjacent Land Use and Zoning
1. North: Existing residence and vacant land (for future expansion of Meridian High
School), zoned R-4.
2. East: LDS Seminary and Meridian High School, zoned R-4.
3. South: W. Pine Avenue and Menywood Subdivision, zoned R-8.
4. West: Existing Residence and vacant land, zoned RUT (Ada County).
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Sewer service is available via an existing main located in the
Meridian High School property.
Location of water: Water service is being proposed via an extension of an
existing main located in W. Pine Avenue.
Issues or concerns: The preliminary plat indicates that sewer service for this
proposed development would be via extension of proposed sewer mains to the
north. At this time, the Public Works Department has not received any plans that
show this line being installed.
2. Vegetation: N/A
3. Flood plain: N/A
4. Canal sID itches ,Irrigation: N/A
5. Hazards: N/A
6. Proposed Zoning: R-40 (High Density Residential)
7. Size of Property: 2.06 acres
f. Subdivision Plat Information
1. Residential Lots: 18
2. Non-residential Lots: N/A
3. Total Building Lots:
18
4. Common Lots:
5. Other Lots: N/A
3
Arnke Subdivisîon- AZ-O5-029, PP-O5-028, CUP-O5-0J?
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
6. Total Lots: N/A
7. Open Lots: N/A
8. Residential Area: 2.06 acres
9. Gross Density: 8.74 units per acre
g. Landscaping
I. Width of street buffer(s): 20 feet on W, Pine Avenue required (Urban Collector);
applicant has shown 25 feet on Preliminary Plat.
2. Width of buffer(s) between land uses: MCC states that the required buffers between
land uses of differing intensity shall be provided by the more intense use. The
Meridian High School parcel on the north will be required to provide a 20 foot land
use buffer at time of development.
3. Percentage of site as open space (PP and PD applications):
10% is required, 10.90% was provided
h. Conditional Use Infonnation
I. Non-residential square footage: N/ A
2. Proposed building height: Within 40' R-40 height limit
3. Percentage of site devoted to landscaping: 23,130 square feet (26.8%)
4. Number of Residential units: 18
1. Proposed and Required Residential Standards
R-40
Setbacks Proposed Required
Front 25 20
Street side N/A 20
Side 10 0
Rear 10.44 15
Frontage 0 0
Lot Size 2,752 sq. ft. 0
PLEASE NOTE: The applicant has not submitted a Planned Development
application; therefore all setbacks and dimensional standards are to be per the R-40
zone. The setbacks and dimensional standards proposed by the applicant do not
meet the R-40 zone minimums and cannot be approved. The required R-40 setbacks
shall be measured from the external boundaries ofthe property as a whole.
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
1. The applicant has proposed a private "service drive" which is 26 feet from back of
curb to back of curb, with 24 feet of asphalt and has a sidewalk on one side. For a
detailed report on the public streets and access points to public streets, please refer to
the staff report from the Ada County Highway District.
6, AGENCY COMMENTS MEETING On July 1, 2005 staff held an agency comments meeting.
Arnke Subdivision- AZ-O5-029, PP-05-028, CUP-05-037
PAGE4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Staff has included all comments and recommended actions as Conditions of Approval [Tom the meeting
attached as Exhibit B.
7, COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning
designation, R-40, is hanuonious with and in accordance with the 2002 Comprehensive Plan and Future
Land Use Map, which designates the land to be High Density Residential. There is a maximum density of
40 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Amke Subdivision is
8.71 dwelling units per acre. I got 8.74??
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff
analysis is in italics below policy):
. Require that development projects have plalUled for the provision of all public services
(Chapter VII, Goal III, Objective A, Action I)
fJ'hen the City established its Area of City Impact, it planned to provide City services to the
subject properties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rw"al Fire
Department. Fire and Emergency Medical Services will be provided by Meridian City
Fire Station #2 and the project lies within the Meridian Fire Department's five-minute
response zone.
. The subject lands currently lie within the jurisdiction of the Ada County She,"iff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should stiffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by tlte Meridian Building Departmen(, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services,
and Sanitary Services Company.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal N, Objective C, Action 1)
The properties to the west and east of the subject site are designated for high density residential
uses on the Comprehensive Plan Future Land Use Map. The land to the north is designated for
Public/Quasi~Public uses for expansion of Meridian High School. These surrounding uses are
compatible with the proposed development.
.
Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
An1ke Subdivisiol1- AZ-OS.O29, PP-OS-O28, CUP-OS-O3?
PAGES
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
providing the City with a range of affordable housing opportunities (Chapter VII, Goal rv,
Objective C, Action 10)
The subject property is designated High-Density Residential on the Future Land Use Map which
identifies this area as an appropriate QJ'ea for high-density residential development. This
proposal meets the Comprehensive Plan definition qf high-density, with a gross density of 8.71
dwelling units pe,' acre.
. Chapter VII Goal N Objective D Action 2. Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one 24 foot curb cut on W Pine Avenuefor all of the units in the
development.
2,
Chapter VII Goal IV Objective D Action 5. Require appropriate landscape and buffers along
transportation corridor (setback, vegetation, Jow walls, berms, etc.).
The applicant has provided a 25 foot landscape buffer along W. Pine Avenue, which exceeds the
required bujjèr along Urban Collector roadways, such as W. Pine Avenue. The blifJer will be
planted with vegetation consistent with Meridian City Code.
Chapter VII Goal V Objective A Action 1. Designate specific areas with adequate public
services for lùgh density residential.
The proposed development is adequately se",ed by public services.
Chapter VII Goal V Objective A Action 14. Locate high-density development, where
possible, near open space colTidors or other pennanent major open space and park facilities,
Old Town, and near major access thoroughfares.
The proposed development is near Old Town and is located on an Urban Collector roadway.
Chapter VII Goal V Objective A Action 4. Provide for a wide diversity of housing types
(single-fat1Úly, modular, mobile homes and multi-family arrangements) and choices between
ownersJùp and rental dwelling units for all income groups in a variety of locations suitable for
residential development.
The applicant has proposed a townhouse development, which adds to the diversity of housing in
Meridian.
3.
4.
5.
Staff finds that the proposed R-40 zoning designation is hannonious with and in accordance with
the Comprehensive Plan.
S, ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code l1w2-1 lists Townhouses as conditional
use in the Rw40 zoning district.
b. Purpose Statement of Zone:
R-40 High Density Residential District: The purpose of the R40 district is to permit the
establishment of high density residential uses at a density not exceeding forty (40)
dwelling units per acre. Connection to the municipal water and sewer systems of the
city is required.
c. General Standards: According to MCC 11-17-1, the City should impose any condition(s)
deemed necessary to insure compatibility of the development (CUP) with other uses in
the vicinity and such additional safeguards as are necessary to uphold the intent of the
Arnke Subdivision- AZ-OS-O29, PP.OS.O28, CUP-05-037
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
ordinance. Please see Conditions of Approval in Exhibit B.
9, ANALYSIS
a. Analysis of Facts Leading to StaffRecol11l11endation
ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1. The aIU1exation legal description submitted with the application (stamped on 5/04/05 by
Todd Waite, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
3. A Development Agreement (DA) will be required as part of an aIU1exation of this
property. Prior to the alUlexation ordinance approval, a DA shall be entered into between
the City of Meridian, the property owner(s) (at the time of alUlexation ordinance
adoption), and the developer. The applicant shall contact the City Attornev. Bill Nary. at
888-4433 to initiate this DfOcess. The DA shall incorporate the following:
.
That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this proj ect
will have to be removed from their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape iJTigation.
CI
That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses
shall not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
.
The applicant has submitted elevation drawings for the proposed dwelling units
included with the CUP. Staff believes that the dwelling units will be compatible with
the adjoining uses, if the buildings are constructed as shown on the submitted
elevations. Construction within Arnke Subdivision should substantially comply with the
elevations submitted by the applicant, Construction materials used on the structures
should be approved by the City of Meridian Building Department and in accordance
with the most recent Uniform Building Code.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and fIDdings.
1. Street Buffer alone: W. Pine AvenuelLots 2-4 and 16-21: The applicant has proposed a
25 foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by
Arnke Subdivision- AZ-05-029, PP-05-028, CUP-05-037
PAGE?
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
ordinance. In order to make the proposed development f1Jnction and meet the required
building setbacks, this buffer should be reduced to the required 20 feet and Lots 2~4 and
16-21 should be shifted 5 feet to the south. See Site Specific Condition 1.1.2.
2. Buildine Locations: Staff recommends that the applicant should relocate the open space
and drainage area. of Lot 5 and the visitor parking spaces to align with the entrance to the
development from W. Pine Avenue. This could be accommodated by "flip-flopping" the
location of Lots 9, 10, and 11 and the drainage area, so that the drainage area lies at the
end of the entry drive and Lots 9, 10, and 11 are moved adjacent to Lot 12. The applicant
should also add trees to the drainage lot behind the parking spaces to provide a more
pleasing backdrop to the visitor parking. These changes will improve the appearance of
the development to vehicles traveling on W. Pine Avenue and to vehicles entering the
site. See Site Specific Condition 1.1.3.
3. Landsc8oine: and Open Space: Staff is generalJy supportive of the proposed landscaping
design with the exception of the lack of trees in the drainage lot behind the visitor parking
spaces. See discussion under Conditional Use Pennit Analysis #4 for further detail.
MCC 12-13~16 requires ten percent of open space to be set aside for multi family
subdivisions regardless of size. The applicant is proposing to set aside 9,788-sq ft (10.9%
of the property), exclusive of required landscaping, for open space. AU common lots
which are approved as open space and will function as drainage areas shan be vegetated
and usable by residents. See Standard Condition 1.2.2.
4. Tree Mitil!ation: There are several large trees on tills site that the applicant is proposing
to remove or relocate. Any tree over 4" in caliper that is removed from the property shall
be replaced by installing additional trees, being the equivalent number of caliper inches
of trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed (MCC 12~13-13-3). The applicant
should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park
Department. See Standard Condition 1.2.6.
5. Pressure ÙTil!ation: The City of Meridian requires that pressurized icrigation systems be
supplied by a year-round source of water (MCC 12~13-8.3). The applicant should be
required to utilize any existing surface or wen water for the primary source. If a surface
or wen source is not available, a single~point connection to the culinary water system
shall be required. If a single-point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas prior to signature on
the 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
MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition 1.2.3.
6. Fencine:: The applicant shall submit a detailed fencing plan with the final plat application
for the subdivision. If pennanent fencing is not provided, temporary construction fencing
to contain debris must be installed around the perimeter prior to issuance of a building
pennit. All fences should taper down to 3 feet maximum within 20 feet of all right-of~
way. All fencing should be installed in accordance with MCC 12-4~1O. See Site Specific
Condition 1.2.5.
CONDITIONAL USE PERM.IT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Amke Subdivision- Al-05.029, PP-05-028, CUP-05-037
PAGE 8
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
Ordinance, staff believes that this is a good location for allowing a unique design for single
family residential products. Please see Exhibit D for detailed analysis of facts and fmdings.
1. Lots 13. 14. 17. and 18: Due to the shape of the property, staff has concerns about the
function of the common drive to Lots 13, 14, 16, and 17. The applicant shalll1laintain a
distance of 30 feet from the face of the garage on Lot 14 to the face of garage on Lot 16
in order to ensure that the common drive functions as intended. See Site Specific
Condition 1.3.3.
2. Service Drive: The proposal shows a 26 foot back-of-curb to back-of-curb service
drive to access the residences in the development. The applicant has extended this
drive to the western edge of Lots 12 and 18 and shows six units using a common
driveway for access to their individual garages. The applicant should be required
extend the service drive to the western edge of Lot 15, to ensure adequate vehicular
access to all units in the development. See Site Specific Condition 1.1.4.
3. No Parking: Due to the width of the service drive, there will be no "on street" parking
anywhere in the development. AIl vehicles shall be either parked within the garage ofthe
residence or in the provided visitor parking spaces. The developer shall mark the service
drive "No Parking- Fire Lane", See Fire Department Condition 3.4.
4, Setbacks: The applicant has not submitted a Planned Development application and all
setbacks and dimensional standards shall be per the R-40 zone. The rear setback
proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R-40 zone
and is not approved as submitted. Staff does not support a Variance application for this
setback and the applicant can comply with required setbacks by shifting the building
footprints on Lots 12 and 13 to the south so that the garage is at the edge of the service
drive. The applicant shall modify the building footprints on Lots 12-14 to meet the
required 15 foot rear setback. See Site Specific Condition 1.3.4.
5. Buildinl! Locations: Staff recommends that the applicant should relocate the open space
drainage lot and the visitor parking spaces to align with the entrance to the development
from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of
Lots 9, 10, and 11 and the drainage lot, so that the drainage lot lies at the end of the entry
drive and Lots 9, 10, and 11 are moved adjacent to Lot 12. The applicant should also add
trees to the drainage lot belúnd the parking spaces to provide a more pleasing backdrop to
the visitor parking. These changes wilt improve the appearance of the development to
vehicles traveling on W. Pine Avenue and to vehicles entering the site, and will also help
visitors locate the visitor parking more readily. See Site Specific Condition 1.1.3.
6. Elevations: The applicant has submitted elevation drawings for the proposed dwelling
units included with the CUP. Staff believes that the dwelling units will be compatible
with the adjoining uses, if the buildings are constructed as shown on the submitted
elevations, Construction within Arnke Subdivision should substantially comply with the
elevations submitted by the applicant. Construction materials used on the structures
should be approved by the City of Meridian Building Department and in accordance
with the most recent Uniform Building Code. See Site Specific Condition 1.3.5.
10, PROPOSED MOTION
Approve
Amke Subdivision- AZ-05-029, PP-OS-O28, CUP.OS-037
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
I move to approve File Number AZ-05-029/PP-O5-028/CUP-05~037 as presented in the staff
report for the hearing date of September 20, 2005, and the preliminary plat dated May 3, 2005, with the
following modifications to the conditions of approval: (add any proposed modifications)
Deny
I move to deny File Number AZ-05-029/PP~05-028/CUP-O5-037 as presented in the staff report
dated for the hearing date of September 20, 2005, and the preliminary plat dated May 3, 2005 for the
following reasons: (you must state specific reasons for denial for the CUP. They should address how the
applicant might fe"do the application to gain your recommendation for approval.)
11, EXHmITS
A. Drawings
1. Preliminary Plat (dated: May 3, 2005)
2. CUP Site Plan (dated: May 4, 2005)
3. Landscape Plan (dated: April 24, 200S)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Arnke Subdivision- AZ-OS-O29, PP-OS-O28, CUP.OS-O37
PAGE 10
CITY or MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Preliminary Plat (dated: 5/03/05)
I
1 'Ü;ff
r n (
. .......
, J r II
. r '( I 'f
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"'-.. + -, . I ,,1. II, ! dlli!~ Ii
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CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. CUP Site Plan (dated: 5/04/05)
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3. Landscape Plan (dated: 4/24/05)
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1.1.1 The preliminary plat labeled as PP~l prepared by Munger Engineering, dated May 3. 2005, is
approved, with the conditions listed herein. All comments/conditions of the accompanying
AJmcxationlZoning (AZ~05-029) and Conditional Use Pennit (CUP-OS-037) and Development
Agreement shall also be considered conditions of the Preliminary Plat (PP-OS-028).
1.1.2 The applicant has proposed a 25-foot landscape buffer along W. Pine Avenue and a 20 foot
buffer is required by ordinance. In order to make the proposed development function and meet
the required building setbacks, this buffer shall be reduced to the required 20 feet and Lots 2,
3,4, 16, 17, 18, 19,20, and 21 shall be shifted 5 feet to the south,
The afl 9lieant shall reeanfigure Let § ta aliga the Elmiœgelapei'l 9 9f10Q area wit :¡ the catraRCO
drive te tlte develøpmeat Bad l'ft(;)'!:e Lets 9, 1 e, aac;) 11 18 the east to be atijaceat to Let 12.
The aopHcant shall extend the service drive to the eastern orODertv line and provide a secondary
emergency access which connects with the driveway on the LDS Dropertv to the east. The
access shall meet all Meridian Fire Department standards and shall be closed with bollards ;~d
a chain with a Knoxbox per the Meridian Fire Deoartment. The applicant shall submit Droof of
a recorded cross access easement with the LDS Church prooertv to the east prior to submittal of
the final plat"
The apDlicant shall extend the sidewalk located on the south side of the service drive to the
western edge of Lot +é 17.
Prior to the City Engineer's signature of a final plat all structures not contained on a designated
lot shall be removed.
1.1.3
1.1.4
1.1.5
1.1.6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. PLANNING DEPARTMENT
].1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report.
1.1.8 Other than the changes listed above, the approved landscape plan is not to be altered without
prior written approval of the Planning & Zoning Department.
1.1.9 All road drainage shall be contained on site in the drainage lots as depicted.
1.1.10 Maintenance of all common areas shall be the responsibility of the Amke Subdivision
Homeowners' Association.
1.1.11 Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue is
prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue.
1.1.12 The request for the installation of a securitv gate at the entrance to the service drive from E. Pine
Avenue is armroved. and the applicant shall work with Planning and Zoning staff to provide an
accevtable escape route for vehicles that do not have access to the development.
1.1.13 The aDDUcant shall olace the extended service drive within a cross access easement across Lots
12.13.14.16.17 and 18.
1.1.14 The applicant shall construct a 6 foot solid vinyl fence on the exterior perimeter of the orooerty.
1.1.15 The approved elevations shall include brick on the rear of the buildiO!!s.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
B. I
1.2.6
1.2.7
1.2.8
1.2.9
1.3
1.3.1
B" 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.2.1
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
All areas approved as open space sha] I be tree of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to MCC 12-
13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under MCC 12-13-
14. Where the applicant has submitted a preliminary landscape plan and where staffhas reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time affinal construction.
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 utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer will be responsible for the payment of assessments for the
common areas prior to signature on the 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 MCC 12-13-8 and MCC 9-1-28.
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this repol1, shall be submitted for the subdivision with the final plat application.
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with MCC 12-4.10.
1.2.2
1.2.3
1.2.4
1.2.5
Any tree over 4" in caliper that is removed from the property shall be replaced by instalJîng
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees wiIJ not be considered as replacement trees for those trees that have to
be mitigated.
All ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless
otherwise approved by Settlers Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
Preliminary plat approval shaH be subject to the expiration provisions set forth in MCC ] 2-2-4.
SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT
The CUP site plan labeled as PP-2, prepared by Munger Engineering, dated
May 4, 2005, is approved, with the conditions listed herein. AH comments/conditions of the
2.5
2.6
B-3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
accompanying Annexation/Zoning (AZ-05-029) and Preliminary Plat (PP-O5-028) and
Development Agreement shall also be considered conditions of the Conditional Use Pe:tmit
(CUP-05-037).
1.3.2 The rear setback proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R-
40 zone and is not approved as submitted. The applicant shall modify the building footprints on
Lots 12 and 13 to meet the required 15 foot rear setback.
1.3.3 The applicant shall maintain a distance of30 feet trom the face of the garage on Lot 14 to the face
of garage on Lot 16 in order to ensure that the se:tvice drive functions as intended.
The project shall confonn to the R-40 dimensional standards and setbacks.
Construction within Al11ke Subdivision shall substantially comply with the elevations submitted
by the applicant. Construction materials used on the structures shall be approved by the City of
Meridian Building Department and in accordance with the most recent Unifonn Building Code.
1.3.6 All construction within Amke Subdi.vision shall be townhouse homes and built within the
linùtations outlined within this report.
2 PUBLIC WORKS DEPARTMENT
2.1 Meridian City Code 12-5-2.N requires that any new development shall provide pressurized
irrigation. The applicant has not indicated who will own the pressurized irrigations system in this
proposed development. If it is to be owned and operated by an Irrigation District than a license
agreement sha1l be entered into prior to the scheduling of a pre-construction meeting.
1.3.4
1.3.5
If it is to be a private system owned and maintained by the Homeowners Association, a draft copy
of the operations and maintenance manual shall be submitted prior to plan approval, with a final
copy to be submitted prior to signature on the final plat by the City Engineer.
2.2
All existing buildings shall be removed prior to the City Engineer's signature on the final plat.
2.3
Any existing domestic well and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape iITigation with approval for Idaho Department of Water
Resources.
2.4
Revise plat note I to include a 10-foot wide Public Utilities easement on all lot lines common to
Lot 5 Block 1.
The preliminary plat indicates that sewer service for this proposed development would be via
extension of proposed sewer mains to the north. At this time, the Public Works Department has
not received any plans that show this line being installed. The approval of this project shall be
contingent on the applicant's ability to acquire the necessary easements to facilitate the extension
of sewer mains to this property. The applicant shall coordinate sewer main size and routing with
the Public Works department. 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 the
pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard
Specifications.
Water service to this site is being proposed via extensions of mains located in Pine Street. The
applicant shall be required to install all mains necessary to serve this site, Coordinate main size
and routing with the Public Works Department. The applicant shall execute City of Meridian
Standard forms of easement for any mains that are required to provide service.
2.8
2.9
2.10
2.ll
2.12
2.13
2.14
2.15
2.16
2.17
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.7
The applicant has not indicated how they will dispose of stoml drainage, other than to say it will
be removed via surface facilities. A drainage plan designed by a State of Idaho licensed architect
or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas, and private roadways. Stonn water treatment and disposal shall be designed
in accordance with Depal1ment of Envirorunental Quality 1997 publication Catalog of Stonn
Water Best Management Practices for Idaho Cities and Counties alld City of Meridian standards
and polices. Off~site disposal into a surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to development plan
approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, 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% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etd., prior to
signature on the final plat.
All development improvements, including but not limited to sewer, fencing, núcro-paths,
pressurized irrigation and landscaping shaH be installed and approved prior to obtaining
certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
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.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
All grading of the site shall be perfonned in conformance with MCC 11-12-3H.
Compaction test results shaH be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
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 crewl spaces of homes is at least l~foot above.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
8. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
2.18
B-4
3.8
3.9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3.2
All common driveways shall be straight or have a fuming radius of28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.3
Provide a 20' wide Fire Lane for all intemal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
3.4
For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane".
3.5
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.
3.6
Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.7
The proposed 18-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 52 residents at build out.
The first digit of the Apartment/Office Suite shall correspond to the floor level..
All portions of the buildings located on tills project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.10 All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered.
4, POLICE DEPARTMENT
No comments received.
5, PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) wilJ be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13~13) will be followed.
6, SANITARY SERVICE COMPANY
7,
No comments received,
ADA COUNTY HIGHWAY DISTRICT
8-5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
8-6
3.
Other Access
Pine Avenue Is a collector roadway, Olher Ihan the access point that has been specifically
approved wilh this application, direct lot ac:cess 10 Pine Avenue Isprohlblled and should be noled
on the final pial
C- Site Specific Conditions of Approval
1.
Dedicate rIghI-or-way 10 lotal as-reel from the centerline of Pine Avenue abuWng Ihe site. Widen
the pavement to one half of ¡¡ 46-foot street seCfioo and construCt vertical curb, gulter, and a 5-fool
detached concrete sidewalk abutting (he sIte 00 Pine Avenue, Pine Avenue shall be signed for -NO
PARKING"-
OR
Dedicate righI-of-way 10 lotal 3Neel righI-of-way from the centerline of Pine Avenue abulling Ihe
site. Widenlhe pavement 10 one half of a 46-loot street sectIon and oonsln.ict vertical curb. gutter,
and a 7-foot atlaehed conc;rale sidewalk abulting the slle on Pine Avenue. Pine Avenue shall be
signed for 'NO PARKING",
Dedicate by means of reCOrdation of a final subdivision pia! or execution of a warranty deed prior to
Issuance of a building permll (or olher required permits), whIchever occun: fItS!. Allow up 10 30
business days to process Ihe right-of-way dedication after receipt of all requested material The
owner will nOI be compensated for this additional right-or-way because Pine Avenue Is dasslfled as
a collector roadway and is 10 be broughlto adopted standards by the developers of abuUing
properties,
2,
Locale the driveway to Intersect Pine Avenue as proposed. approximately 115-feet easl of the west
property line. Provide written approVal from the City or MeridIan that doc;uments their approval of
the 3-unit attached dwelling proposal.
Construct a 24.fool wide driveway, as proposed. with 15-foot curb radii,
3-
4,
Olher Ihan the access point lhat has been spec:ifically approved with this application, dlrecllot
access to Pine Avenue Is prohibited and shaU be noted on the final plat.
Comply with all Standard CondiUons of Approval.
5.
D, Standard Conditions of Ar:mroval
1.
2,
Any e~ÎsUng Irrigation facilities shall be relocaled outside of (he right"'Of-way.
All uUlity relocation costs associated wilh Improving streel fronlages abutting Ihe site shall be borne
by Ihe developer.
3.
Replace any exlsling damaged curb. gutter and sidewalk and any that may be damaged during Ihe
construction of the proposed developmenl. Contact Construction Services at 387-6280 (with file
number) ror detaUs.
Utility streel c;uts In pavemenlless than five years old are not allowed unless approved In wriUng by
Ih8 District. Conlact the District's Ulility COordinator at 387-6258 (with file numbers) ror details
4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
8.7
.".,...,.~~"--,--".".~..
..'""",c,~.c."",""
5
All design and construction shall be in accordance with Ihe Ada County Highway District Policy
Manual, ISPWC Siandards and approved Supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered In Ihe State
of Idaho shall prepare and certjfy all Improvement plans,
6,
The applicant shall submit reVised plans for staff approval, prior to Issuance of building permit (or
other required permils), which incorporales any required desIgn changes.
Construction. use and property development shall be In conformance wi/h all applicable
requirements of Ihe Ada County Highway District prior to Discricl approval for oCc;upancy.
7.
8,
Payment of applicable road impact fees are required prior to building COnslruclion in accordance
with Ordinance #200, a/so known as Ada County Highway District Road Impacl Fee Ordinance.
It is Ihe responsibility of !he applicant to verify all e)( sting uUlities wllhin Ihe right-of-way. The
applicant at no cost to ACHD shall repair existing utl/illes damaged by Ihe applicant. The applicant
shall be required to call DJGLlNE (1-800.342-1585) at least two full business days prior 10 breaking
ground wilhln ACHD right-at-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised cJuring any phase of construction.
9.
10,
No change in the terms and conditions of this approval shall be valicJ unless they are in writing and
signed by Ihe applicant or Ihe applicant's authorl:zed representative and an authori:zed
representaUve of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation or any change from the Ada County Highway District.
Any change by (he applicant In thl! planned use of Ihe property which Is the subject of this
application. shall require Ihe applicant to comply with all rules, regulations, ordinances. prans, or
other reguiatol}' and legal reslrfclions in fol't:e at the time the applicant or its Successors In inlerest
advlaes the Highway District of its inlent to change the planned use of the subject property unless a
walverlvariance of said requlremenls or other legal rerief Is gran led pursuant to Ihe law In effect at
the time the change in use Is SOught.
11.
E, Conclusions of Law
1.
The proposed site plan is approved. if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2,
ACHD requirements are IntendecJ to assure Ihal the proposed USe/development wilr not place an
undue burden on fIle existing vehlwlar Iransportatlon system within the vicinity Impacted by the
proposed development.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAfF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
""""""",--,--~"",""""'";""",,,,~c,,,,'...."
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claiborn.. waite consultingl lie
",n;Jjn,~er>. Ii, surveyor;'
1461 S. Teare Avenue
Meridian, Idaho 83642
(208) 288.2693
Pax (208) 884-8002
P.N,2234
May 4. 2005
ANNEXATION & REZONE DESCRIPTION FOR
PROPOSED ARNKE SUBDIVISION
^ parcel ofland located in the Northeast 1/4 of Section 11, T.3N., R IW, BM_.
Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at the East 114 comer of said Section II, ftom which the Center 114 corner
bears N 89"10'36" W, 2655.10 feet;
thence N 89°10'36" W along the South boundary of said Northeast 1/4, also being the
centerline ofW. Pine Avenue for a distance of 1431.35 feet to the REAL POINT OF
BEGINNING;
thence leaving said South boundary N 00"29'24" E for a distance of264.11 feet
(fomlerly described as N 00.02' E, 263_6 feet);
thence N 89°38'21" W for a distance of 46. 97 feet;
thence N 7ðQ4I'SO" W for a distance of94A9 feet (fonnerly described as N 77"39' W,
95.1 feet);
thence N 83Q29'01" W for a distance of218.62 feet (formerly described as N 84"33' W.
2184 feet);
thence S 00°51'32" W for a distance of30H8 feet (formerly described as S 00°02' W.
304,6 feet) to a point on the South boundary of said Nonheast 1/4, also being the
centerline ofW, Pine Avenue;
thence S 89"10'36" E for a distance onS8.S0 feet to the POINT OF BEGINNING;
containing 2.34 acres orland, more or less.
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11-1 Sk 11, General Standards Applicable to Zoning Amendments, both the
P&Z C0111OÚssion and Council are required "to review the particular facts and circumstances of each
proposed zoning amendment in tenus of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
The/allowing is the list of standards found in J 1-1 5-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive Plan
and, if not, has there been an application for a Comprehensive Plan amendment;
See Comprehensive Plans and Policies as listed in the Arnke Subdivision staff report item #7
above. City Council finds the proposal in accordance with the Comprehensive Plan.
B,
Is the area included in the zoning amendment intended to be rezoned in tbe future;
City Council does not anticipate that the applicant intends to rezone the subject property in the
future.
c.
Is the area included in the zoning amendment intended to be developed in the fashion that
would be allowed under tbe new zoning -for example, a residential area turning into a
commercial area by means of conditional use permits;
City Council finds that townhouses are a conditional use within the requested zoning district of
R-40. The accompanying plat demonstrates the land will be developed with lot sizes, housing
types and other dimensional requirements that confonn to the proposed zoning designation,
provided that the accompanying Conditional Use Pennit application for townhouses is approved.
D,
Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned, For example, 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 subject property is the first property within the High Density
Residential designation on the north side of Pine Avenue, west of Linder Road, to request
annexation and zoning for a multi-family development. City Council fmds that a substantial
portion of the land around the site has been developed in a ma1U1er harmonious to the proposed
subdivision. The neighboring Ada County parcel to the west is very large and contains
agricultural uses. This development is proposing significantly smaller lots, but within the
acceptable limits for a high density development.
Pine Avenue is not cun-ently included within ACHD's Five Year Work Program or in the
currently adopted 20wyear Capital Improvements Plan for roadway improvements. The applicant
shall comply with all ACHD conditions of approval for the site.
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 vicinity and that such use will not change the essential character of the same area;
D- J
F,
G,
H.
D.2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
City Council finds that the requested zoning and proposed density is within the anticipated range
for a high density urban project. City Council also finds that the proposed zoning/uses can be
designed and constructed in a manner that will be harmonious with, and appropriate in
appearance with, the existing and intended character of the sUlTounding area.
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "multi-faßÚly developments shall provide cornman open space that equals or exceeds
ten (10) percent of the gross land area of the development." The common lots provide 9,788 sq/ft
of open space which is approximately 10.9% of the site.
City Council does not find that the proposed zoning or uses will adversely change the essential
character of area.
Will the Pl"oposed uses uot be hazardous or disturbing to existing or future neighboring
nses;
City Council does not anticipate that the proposed residential uses will be hazardous as long as
the conditions outlined in this report are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code.
Access to W. Pine Avenue shall be taken through the service drive as designed.
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 person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
The applicant will be responsible for the extension of all sewer and water mains necessary to
serve this proposed development. Sizing and routing shall be coordinated with the Public Works
Department.
The applicant andlor future property owners will be required to pay park and highway impact
fees.
On July 1, 2005, a joint agency/department comments meeting was held with representatives of
key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, staff finds that the public services listed above
can be made available to accommodate the proposed development.
Will not 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
infrastructure, utilities and irrigation services to serve the project. The primary public costs to
serve the future residents will be fire, police and school facilities and services. 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 conununity's econoßÚc welfare.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
I,
Will the proposed uses 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 0." odors;
City Council finds that the proposed atUlexation and the development of single-family homes on
this site will not involve uses that wiU create nuisances that would be detrimental to the general
welfare of the surrounding area.
City Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, staff does not believe that the amount generated will be detrimental to the
general welfare of the public. City Council does not anticipate the proposed annexation and
subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J,
WiJ] the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
ACHD is supportive of the curb cut on W. Pine Avenue provided that the City of Meridian
approves the toW1Ùlouse use on the property. If townhouses are not approved, ACHD has
requested written approval from the City of Meridian that documents approval of 3~unit attached
structures. If is designed and constructed as approved by the ACHD and the City, City Council
does not believe that the subdivision will create interference with traffic on the surrounding
public streets.
K,
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
There are some mature trees on this property. Any existing trees larger than 4" caliper that are
removed should be mitigated for, per the Landscape Ordinance. City Council finds that the
proposed development will not result in the destruction, loss or damage of any natural feature(s)
of major importance if developed under these conditions.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian, (Ord, 592,
llR17R1992)?
The R-40 zoning amendment will provide diversity of housing product for the City of Meridian.
Staff finds that all essential services are available or will be provided by the developer to the
subject property and will not require unreasonable expenditure of public funds. The applicant is
proposing to develop the land in general compliance with the City's Comprehensive Plan and
this is a logical expansion of the City limits. In accordance with the findings listed above, staff
finds that annexation and zoning oftbis DI:opertv would be in the best interest of tile City.
2, PRELIMINARY PLAT FINDINGS
Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed
subdivision, the Conunission and Council shall consider the objectives of this title and at least the
following:
A,
The conformance of the subdivision with the Comprehensive Development Plan;
City Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the
D.3
C,
D-4
CITY or MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
constraints of infill development which has design criteria dictated by previous developments.
Please see Annexation and Zoning Analysis "A".
ß,
The availability of public services to accommodate the p.'oposed development;
City Council finds that public services are available to accommodate the proposed development.
(See finding "0-' under Annexation and Zoning Analysis for more detail.)
C.
The continuity of the proposed development with the capital improvement program;
Because the developer is instaUing sewer, water, and utilities for the development at their cost,
staff finds that the subdivision wi1I not require the expenditure of capital improvement funds.
D,
The public financial capability of supporting services for the proposed development;
(See finding "0" under Atmexation and Zoning Analysis above, and the Agency Comments and
Conditions at the end of this report for more detail.)
E,
The other health, safety or environmental problems that may be brought to the
Commission's attention,
City Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's attention.
ACHD considers road safety issues in their analysis. Staff recommends that the Commission and
Council reference any public testimony that may be presented to detennine whether or not the
proposed subdivision may cause health, safety or environmental problems of which staff is
unaware.
3, CONDITIONAL USE FINDINGS
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terns of the following and may approve a conditional use permit if
they shan find evidence presented at the hearing(s) is adequate to establish (11-17~3):
A,
That the site is large enough to accommodate the proposed use and all yards, open spaces,
parking, landscaping and other features as may be required by this ordinance;
City Council finds that the subject property is large enough to accommodate the requested use
and all other required features, subject to the conditions and comments contained in the staff
report for Amke Subdivision.
B,
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
City Council fmds that the proposed multi-family residential subdivision, with a gross density of
8.71 dwelling units per acre, is generally hannonious with and in accordance with the 2002
Comprehensive Plan and Future Land Use Map, wlùch designates the site to be "High Density
Residential". Please see Annexation & Zoning Analysis "A" above.
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
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
vicinity and that such use will not adversely change the essential character of the same area;
Please see Annexation & Zoning Analysis "E" above.
D,
That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect otller property in the vicinity;
City Council fmds that the proposed uses will not adversely affect other properties in the
vicinity.
E,
That the proposed use will be served adequately by essential public facilities and services
such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional
use shall be able to provide adequately any such services;
Please see Annexation & Zoning Analysis "G" and "H" above, the "Other Agency/Department
Comments and Conditions" at the end ofthis report, and any comments that may be submitted to
the City Clerk regarding this project.
F,
That the proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
Please see AIU1exation & Zoning Analysis "H" above.
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 general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Analysis "I" above.
H.
That the proposed use will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
Please see Annexation & Zoning Analysis ")" above. The Commission and Council should
review any comments received from the ACHD provide for this project when detennining this
finding.
I,
That the proposed use will not result in the destruction, loss or damage of a natural, scenic
or histone feature considered to be of major importance,
Please see A1mexation & Zoning Analysis "K" above.