HomeMy WebLinkAboutHollybrook Subdivision
PARTIES:
1.
2.
DEVELOPMENT AGREEMENT
City of Meridian
Hollybrook, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of , 2005, by and between City of
Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Hollybrook, LLC, hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development ofthe 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, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential, (Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owner" 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
WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
1.6
PAGE 1 OF 10
1.7
1.8
1.9
1.10
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
recei ved further testimony and comment; and
WHEREAS, City Council, the 4th day of October, 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 "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNER/DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan ofthe 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 ofthe 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 ful1.
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 2 OF 10
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 ofthe presentation of the same requires otherwise:
3.1
3.2
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 of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNER/DEVELOPER": means and refers to Hollybrook, LLC,
whose address is 1150 E. U stick Road, Meridian, ID 83642 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-8 (Medium Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
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 (D) 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-8 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-026 application.
No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated May 3, 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
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 3 OF 10
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.
"Owner/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.
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 shall agree to the building footprints and elevations as
submitted to the City Council on October 4, 2005 for all lots listed in
Block 4 of the September 21, 2005 preliminary plat.
2.
3.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subj ect Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE~ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/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:
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 4 OF 10
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "OwnerIDeveloper", prior to the third
reading ofthe Meridian Zoning Ordinance in connection with the re-zoning ofthe "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.
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 5 OF 10
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
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 "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/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 "Owner/Developer" agrees
to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de-
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 6 OF 10
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Hollybrook, LLC
1150 E. Ustick Road
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements ofthis 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.
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 7 OF 10
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 "Owner/Developer" ofthe "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing re-zoning 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.
DEVELOPMENT AGREEMENT (AZ 05-026) ROLL YBROOK SUBDIVISION
PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
CITY OF MERIDIAN
BY:
MA YOR TAMMY de WEERD
Attest:
CITY CLERK
DEVELOPMENT AGREEMENT (AZ 05-026) HOLL YBROOK SUBDIVISION
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada, )
On this l day of J~($I):ZO05, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~f't\> ~ fe;.~~
on behalf of Hollybrook, LLC, known or identified to me to be the
MEIA ~..z..- 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.
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STATE OF IDAHO)
County of Ada
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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 05-026) ROLL YBROOK SUBDIVISION
PAGE 10 OF 10
...
Annexation Description
Hollybrook LtC
A parcel located in the SW X of Section 31, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southwest corner of said SW X of
Section 31 (Section Corner), from which 5/8 inch diameter iron pin marking the
southeast corner of said SW X of Section 31 (X Corner) bears N 89°58'55" E a
distance of 2406.48 feet;
Thence N 89°58'55" E along the southerly boundary of said SW X a distance of
1630,09 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNIN~;
Thence leaving said southerly boundary N 0°24'59" E along the easterly boundaries of
Sundance Subdivision No.4, as shown in Book 89 of Plats on Pages 10,226 and
10,227, records of Ada County, Idaho, and Sundance Subdivision No.2 as shown in
Book 86 of Plats on Pages 9,772 and 9,773, records of Ada County, Idaho, a distance
of 1919.30 feet to a 5/8 inch diameter iron pin marking the northeast corner of said
Sundance Subdivision No.2;
Thence along the southerly boundary of Sundance Place Subdivision No.3 as shown in
Book 91 of Plats on Pages 10,640 and 10,641, records of Ada County, Idaho, the
following described courses;
Thence N 89°59'47" E a distance of 320.60 feet to a 5/8 inch diameter iron pin;
Thence S 33°47'07" E a distance of 280.75 feet to a 5/8 inch diameter iron pin;
Thence S 80°10'04" E a distance of 298.83 feet to a 5/8 inch diameter iron pin on
the westerly boundary of Quenzer Commons Subdivision No.4 as shown in
Book 88 of Plats on Pages 10,105 thru 10,107, records of Ada County, Idaho;
Thence S 0°16'52" Walong said westerly boundary a distance of 307.74 feet to a 5/8
inch diameter iron pin on the northerly boundary of Weaver Acres No, 2 as shown in
Book 38 of Plats on Pages 3,203 and 3,204, records of Ada County, Idaho;
Thence S 89°49'28" W along said northerly boundary of Weaver Acres No.2 and the
northerly boundary of Weaver Acres No.1 as shown in Book 28 of Plats on Pages
1,745 and 1,746, records of Ada County, Idaho, a distance of 653.56 feet to a 5/8 inch
diameter iron pin marking the northwest corner of said Weaver Acres No.1;
Thence S 0°19'41" W along the westerly boundary of said Weaver Acres No.1 a
distance of 708.20 feet to a 5/8 inch diameter iron pin;
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Thence leaving said westerly boundary S 0°13'57" W a distance of 144.20 feet to a
point;
Thence N 89°58'43" E a distance of 328.02 feet to a 5/8 inch diameter iron pin on the
westerly right-at-way of Curt Drive;
Thence S 0°18'51" W along said westerly right-at-way a distance of 472,76 feet to a
point on the southerly boundary of the SW X ot said Section 31;
Thence S 89°58'55" W along said southerly boundary a distance of 450.82 feet to the
POINT OF BEGINNING,
This parcel contains 15.62 acres and is subject to any easements existing Or in use.
Clinton W. Hansen, PlS
land Solutions, PC
March 23, 2005
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MERIDIAN PUBl.lC
WORKS DEPT.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 15.32 Acres from RUT/Rl (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Fïfty~three (53) single
family residential lots and Eleven (11) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Developl11ent Consisting of reduced frontage and reduced setbacks,
for Hollybrook Subdivision, by Hollybrook, LLC.
Case No(s). AZ-O5~O26, CUP~O5-033, and PP-OS-O2S
For the City Council Hearing Date of: October 4, 2005
A. Findings ofFset
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 fust publication appearing and written notice
mailed to property Owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the October 4, 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 reconunendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and cluJ y considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15~5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
£K Vll~~ ~
CITY OF MERIDIAN FrNDINGS OF FACT, CONCLuSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-026/ PP-OS-O25 j CUP-O5-033- Þ AGE 1 of 4
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of i::;suance of these
fmdings is Hollybrook, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached staff report for findings related to all 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
hnpact 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 ITom the govenunental
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, the Prelitninary Plat dated
September 21,2005, the Site Plan dated July 14, 2005, the Annexation and Zoning
Comments, the Preliminary Plat Site Specific and Standard Conditions of approval, and
the CUPIPD Site Specific and Standard Conditions all contained in the attached staff
report. 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-O26 / PP-OS~O25 / CUP.OS-O33- PAGE 2 of 4
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 September 21, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July
14,2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions contained in the attached staff report
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit 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 pennit holder must commence the use as permitted in accordance with the
conditions of approval, satisfY the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of pennanent footings or
strllctures on or in the ground. In this context "structures" shall include sewer and
water lines, 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 (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future 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
deveJoper shall have one year within which to file the request for approval of the fmal
plat. After approval of final plat, the Owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & c.)
Notice of Final Action and Right to 'Regulatory Takings Analysis
E,
1. 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 mote than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-O5-026/ PP-OS-O25 / CUP-O5-033- PAGE 3 of 4
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the govenúng body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional Use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code,
F.
Exhibits: See attached Staff Report
By action of the City Council at its regular meeting held on the
Ð r>\-o~ , 2005.
'-{-£tv
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED -1lkJl4t, t
VOTED~
VOTED ~
VOTED -
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
Attest;....
and City Attorney.
By: Shtlf/ (!7 (Þu~
City Clerk's Office
/0 - () 7- d~
Dated:
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-026 / PP-O5-025 / CUP-OS-O33- PAGE 4 of 4
A. Drawings
1. Preliminary Plat (dated: July 14, 2005)
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Høllybrook Subdivision
Meridian. Idaho
Hollybrook Subdivision
Drawings
EXHIBIT A
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crry OF MERiDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTfONS? CALL (208) 884-5533
1.1 Rcvised Preliminary Plat (dated SePtember 21. 2005\
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Rol1ybrook Subdivision
Drawings
EXHIBIT A
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT ST M'p REPORT, QUESTIONS? CALL (208) 884-5533
2. CUP Site Plan (dated: July 14, 2005)
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Hollybrook Subdivision
Meridian, Idaho
Hollybrook Subdivision
Drawings
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CAL,L (208) 884-5533
3. Landscape: Plan (dated April 15, 2005)
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Drawings
EXHIBIT A
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
B. Conditions of Approval
I
1.1
Planning Department
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1
The preliminary plat labeled as PP-l prepared by Erickson Civil mcorporated, dated September
21, 2005, is approved, with the conditions listed herein. AU comments/conditions of the
accompanying Annexation/Zoning (AZ-05-016) and Conditional Use Pennit (CUP-05-033) and
Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-025).
Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-
feet as measured from the property line or the back of sidewalk, whichever is more restrictive,
Prior to the City Engineer's signature of a final plat containing all structures not contained on a
designated lot shall be removed.
The submitted landscape plan prepared by Ericnon Civil Incorporated., dated April 15, 2005 is
not approved as submitted. The following should be included in a revised landscape plan prior to
[mal plat:
Depict and construct a lO-foot wide gravel shoulder on Ustick Road abutting the site, with the
remaining portion of the right-of-way being landscaped with lawn or other vegetative
groundcover,
] .1.2
All micropaths within the proposed subdivision (Lot 17 Block Il) shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian
Walkways," Micropath fencing shall be constructed per MCC 12-13-15-9.
All common lots being used for traffic calming purposes shall be landscaped in accordance to
MCC 12-13
All amended lot locations of the approved Preliminary Plat dated September 21, 2005 sha11 be
landscaped as per MCC12-13. A landscape plan shall be submitted prior to final plat showing the
landscaping in relation to these changes.
Other than the changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Plarming & Zoning Department.
All areas approved as open space shall be free of wet ponds or other such nuisances. All storm
water 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 staff has reviewed such plan,
the landscaping shall be consistent with the preliminary plan with modifications as proposed by
staff If the storm water detention facility cannot be incorporated into the approved open space
and still meet the standards ofMCC 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 of final construction.
1.1.11 All road drainage shall be contained on site in the drainage lots or in roadside swales as depicted,
1.1.12 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless
otherwise approved by Settlers Inigation District. Plans will need to be approved by the
appropriate inigation/drainage district, or lateral users association (ditch owners), with written
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
1.2.4
1.2.5
1.3
1.3.1
1.3,2
1.3.3
1.3.4
1.3.5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884,5533
approval or l1on-approval subtnitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and appmved by the City Engineer
prior to tmal plat signature.
1.1.13 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing
is not provided, temporary construction fencing to contain debris must be installed around the
perimeter prior to issuance of building permits. All fences shaH taper down to 3-feet maximum
within 20 feet of all right&of-way. All fencing shall be installed in accordance with MCC 12-4-10.
1.1.14 Maintenance of all common areas shall be the responsibility of the Hollybrook Homeowners'
Association.
1.1.15 Other than the public street access approved by ACHD, direct lot acces s to U stick Road and Curt
Drive are prohibited. A note shall be placed on the final plat restricting access to Ustick Road and
Curt Drive.
1,1.16 The applicant shall contact the street naming conunittee to determine the names for the unnamed
cul~de-sacs and the connection of Curt Drive and North AtTowwood Way contained in the revised
preliminary plat dated July 14, 2005.
1.1.17 The applicant shall revise the drawing dated September 21,2005 to reflect twelve (12) lots along
Block 4.
1.2
1.2.1
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12~13.1O-8.
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that Were removed,
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
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 shall be subject to the expiration provisions set forth ÍI1 MCC 12-2-4,
SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT
1.2,2
1.2.3
The Planned Development site plan labeled as PD-l, prepared by Erickson Civil Incorporated,
dated July 14, 2005, is approved, with the conditions listed herein. All comments/conditions of
the accompanying Annexation/Zoning (AZ-05-026) and Conditional Use Permit (CUP-OS-O33)
and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-
025)
The project shall conform to the R-8 dimensional standards, except as follows for Lots 2-17 of
Block 4:
Minimum frontage: 55~feet
Minimum lot dimensions: 4,428 sq ft.
The front setbacks for living spaces shall be fifteen feet for all lots contained in Hollybrook
Subdivision with a minimum of twenty feet to garages from the back of sidewalk.
Hol1ybrook Subdivision
Conditions of Approval
EXHIBIT B
CITY OF MERIDIAN "PLANNING AND ZON ING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.3.6
Construction within Hollybrook 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 Unifoun Building
Code.
1.3.7 All construction within Hollybrook Subdivision shall be single family detached homes and built
within the limitations outlined within this report.
1.3,8 All amenities proposed for Hollybrook Subdivision shall substantially comply with the designs
proposed on the site plan labeled PD-1, dated July 14, 2005.
1.3.9 All traffic control structures shall be designed and landscaped in accordance with Meridian City
Code. These structures shall be maintained by the Hollybrook Homeowners Association. There
shall be no on street parking within fifty feet of any traffic control structure, the applicant shall
appropriately mark and sign these areas.
1.3.10 A gazebo shall be added to one of the landscaping lots located along Block 4 of the plat
dated September 21,2005.
2 PUBLIC WORKS DEPARTMENT
2,1
Sanitary sewer service to this site is master planned to drain to the White Trunk, and is being
proposed via an extension of mains located in Sundance Subdivision. The applicant will be
responsible to construct sewer mains to and through this proposed development. Su1)division
designer to coordinate main sizing and routing with the Public Works Department. Applicant shall
execute City of Meridian standard fonns of easements, for any mains that are required to provide
service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of
the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials
shall be used per the Meridian Public Works Department's Standard Specifications.
Water service to this site is being proposed via an extension of water mains located in Sundance
and Quenzer Subdivisions and Ustick Road. This proposed development is situated directly north
of Us tick Road. Ustick Road is a boundary line between two zones of differing pressures. The
applicant shall be responsible to install a PRY vault, location to be coordinated with City of
Meridian Public Works. The applicant shall construct water mains to and through this proposed
development. Applicant shall execute City of Meriilian standard fonus of easements, for any mains
that are required to provide service, Coordinate main size and routing with Public Works.
2.2
2.3
The applicant has not indicated who will own and operate the pressurized irrigation system within
this development. Underground year-round pressurized inigation must be provided to all lots
within this development. The City of Meridian requires that pressurized inigation systems be
supplied by a year-round source of water, If the pressurized inigation system within this
development is to remain a private homeowners' association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the development plan
review process. A draft copy of the pressurized irrigation system O&M manual shall be subnùtted
prior to plan approval. The applicant shall 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 shall
be responsible for the payment of assessments for the conunon areas prior to signature on the final
plat by the City Engineer. .
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTlONS? CALL (208) 884-5533
2.4
All existing domestic wells and/or septic systems appurtenant to the existing stmcÍllfes within this
project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wens
may be used for non.domestic pUrposes such as landscape irrigation.
The applicant shall be responsible for the payment of sewer and water assessments, as well as the
actual physical connection to the municipal services for the existing home on Lot 5, Block 1.
2.5
2,6
2.7
All grading of the site shall be perfonned in confonnance with MCC 11-12-3H.
A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
2.8
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennits,
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized inigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
2,9
2.10 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
2.11 Two-hundred-fifty and one-hundred-watt, high-pressUre sodiutIl streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design
locations and quantity are determined after pOWer designs are completed by Idaho Power
Company. The street light contractor shall obtain design and pennit from the Public Works
Department prior commencing installations.
2.12 Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils
scientist, to the Public Works Department for review.
2.13 The applicant shall coordinate mailbox locations with the Meridian Post Office,
2.14 Compaction test results must be sub11Útted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.15 Applicant's engineer will be required to submit a signed, stamped statement certifying that all
street finish centerline elevations are set a mi:nUnum of three feet above the highest established
nonnal groundwater elevation. This is to ensure that the bottom elevation of crawl spaces is one-
foot above this elevation. '
2.16 The applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as deteImined during the plan review process, prior to signature on the final plat
per Resolution 02.374.
2.17 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.18 Applicant shall be responsible for application and compliance with and NPDES PermittÏ1:1g that
may be required by the Environmental Protection Agency.
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
3.4
3.5
3.6
3.7
3.8
3.9
CITY Of MERIDIAN PLANNING AND ZONING DEPARTMEN'f STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Cmps of Engineers,
2.20 All grading of the site shall be perfonned in confonnance with MCC I I-] 2-31-1,
2.21 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
3
3.1
MERIDIAN FIRE DEPARTMENT
One and two family dwellings will require a fIfe-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire proj eeL Fire hydrants shall be placed an average of 500'
apart. Intematio!1al Fire Code Appendix C
Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2
3.3
3.3.1
3,3.2
3.3.3
3.3.4
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the' curb painted red IO' to each side of the hydrant
location.
3.3.5
3.3.6
3.3.7
3.3.8
Fire Hydrants shall be placed on comers when spacing permits.
Fire hydrants shall not have any vertical obstructions to outlets within 10',
Fire hydrants shall be place 18" above finish grade.
Fire hydr~nts shall be provided to meet the requirements of the IFC Section 509.5.
The phasing plan may require that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have an approved nun around.
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
All conunon driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a
29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension.
The proposed 55-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 165 residents at build out.
3.10 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
Hóllybroók Subdivisión
Conditions of Approval
EXHIBIT B
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
CITY OF MERIDIAN PLANNING AND ZONfNG DEPARTMENT STAFF RE1'ORT, QUESTIONS? CALL (208) 884-$533
3.10.1
3.10.2
measured by;m approved route around the exterior of the facility or bUilding, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler systelTI installed in accordance with Section
903.3,1.1 or 903.3,1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U Occupancies, the distance requirement shall be 600 feet (183 ill).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903,3.1.1 or 903.3,1.2, the distance requirement shall be 600 feet (183
ill).
3.11 Emergency response routes and fire lanes shall not be allowed to have speed bum.ps.
4
PARKS D EP AR TMENT
4.1
Standard for Mitigation of trees: The standard established in the City ofMeridiall Landscape
Ordinance (Mce 12-13-13-6) will be foIlowed,
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.
4.2
4.3
The open ditch along Ustick Road shall be tiled and maintained in accordance with the City of
Meridian Landscape Ordinance.
5
ADA COUNTY HIGHWAY DISTRICT
5.1
5.1.1
ACRD Site Specific Conditions of Approval
Dedicate 40-feet of right-of~way from the centerline of Ustick Road abutting the parcel by means
of recordation of the final plat. The right-of-way purchase and sale agreement must be completed
and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building pemút (or other required permits), whichever
occurs first. Allow up to 30 business days to process the right-of-way dedication afteI receipt of
all requested material. The owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of.way if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance
in effect at that time (cUlTently Ordinance #200), if funds are available.
Construct a 5-foot concrete sidewalk on Ustick Road abutting the entire site. Construct the
sidewalk a minimum of 41-feet frOttl the centerline ofUstick Road and provide the District with
an easement for the sidewalk.
Construct Curt Drive as one-half of a 36-foot street section with vertical curb, gutter and
sidewalk, as proposed.
Extend Washakie Street from the west property line approximately 395-feet south of the north
property line, as proposed.
Extend Washakie Street from the east property line approximately 130-feet north of the south
property line, as proposed,
Construct the internal streets as 33.foot street sections with rolled curb, gutter and 5-foot attached
COncrete sidewalks on both sides of the roadway within 50-feet of right-of-way with the exception
of Washakie Street, as proposed. Submit a letter from the Meridian Fire Department that approves
the reduced street section.
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
CITy OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5.1.7
5.1.13
5.2
5.2,1
. 5.2.2
Construct Washakie Street as a 33-foot street section with rolled curb, gutter and a 4 or 5-[00t
detached COncrete sidewalks on both sides of the roadway within 50-feet of right-of~way. Submit
a letter from the Meridian Fire Department that approves the reduced street section.
Construct West Árrowwood Way to illtersect Ustick Road at the west property line to
DIRECTLY align with a roadway that is located on the south side of Us tick Road.
Construct one knuckle without a center island within the subdivision, as proposed.
Construct two cuI-dc-sac turnarounds without center islands within the subdivision, as proposed.
Construct the turnarounds to provide a minimum turning radius of 45-fee1.
5.1.11 Modi/y the site plan to include traffic calming devices on Washakie Street and An-owwood Way
and submit the design to District staff for filial approval.
5.1.12 Other than the access point that ha,; specifically been approved with this appliCation, direct lot
access to Ustick Road is prohibited. A note stating the access restriction to Ustick Road will be
required on the final plat.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
5.1.8
5.1.9
5.1.10
5.2.3
Any existing irrigation facilities shall be relocated outside of the right-or-way.
AU utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Constmction Services at 387-6280 (with file
number) for details.
Utility street cuts in pavement less tban five years old are no' allowed unles, approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplexnents, Construction Services procedures and all
applicable ACIID Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy,
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-ot-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall he required to call DIGLINE (1.800-342-1585) at least two full business days
prior to breaking ground within ACHD right-at-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are coIUpromised during
any phase of construction.
5.2.4
5,2.5
5.2.6
5.2.7
5,2,8
5.2.9
HoUybmok Subdivision
Conditions of Approval
EXHIBIT B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF R.EPORT. QUESTIONS? CALL (208) 884.5533
5.2.10
No change in the tenns aru! conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be Upon the applicant to
obtain written conf1l111ation of any change ÍÌ"om the Ada County Highway District.
Any change by the applicant in the planned Use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its Sl¡çceSSors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in Use is sought.
5.2.11
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
C. Legal Description
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Boundary Description
Hollybrook LtC
A parcel located In the sw Y. of SectIon 31. Township 4 North, Range 1 Ea!it, Boise
Meridian, Ada County. Idaho, more particularly described as follows;
Commencing at a brass cap monument m$rking the SOUthwest comer of said SW Y. of
SectiOn 31 (SectIon Comer), from which 518 Inch diameter iron pin marking the
southeast comer of said SW % of Section 31 (% Corner) bears N 89"58'55" E a
dl8b!1nce of 2406-48 feet;
Thence N 89"58'55" E along the southerly boundary of said SW Y. a distance of
1830.09 feet to a 518 Inch dianJeler Iron pin and the POINT Or: BEGINNING;
Thence leaving said southerly boundary N OG24'5S" ~ along the easterly boundaries of
SUndanœ Subdivision No.4, as shown In Book B9 of Plats on Pages 10,226, and
10,227, I'eCOrds of Ada County, leIaho. and Sundanœ Subdivision No.2 8S shown in
Book ae of Plats on Pages 9,772 and 9,773. records of Ada COUnty, Idaho, 8 distance
of 1919.30 feet to a 518 inch diameter iron pIn marting the northeast c:omer of saId
Sundance SubdivisJon No- 2;
Thence along the SOulher1y boundary of Sundance Place Subdivision No.3 as shown in
Book 91 of Plats on Pages 10,640 and 10,641. records of Ada County, Idaho, the
following described courses;
Thence N 89°59'47" E a distance of 320.60 feet to a 51B inch diameter Iron pin;
Thence S 33"47'07" E a distance of 280.75 feet tQ a 518 inch diameter iron pin;
Thence S BO"10'O4" E a distanCe of 298.83 feet 10 a 5IB Inch diameter iron pin on
the wealeny boundary of Quenzer Commons Subdîvislon No.4 as shown in
Book 88 of Plats on Pages 10.105 thl\l10, 107, records of Ada County, Idaho;
Thence S 0~16'52" W along said westerly boundary a distance of 307.74 feet to 8 51a
inch diameter Iron pin on the northefty boundary of Weaver Aaes No, 2 as shown in
Boote 38 of Plats on PegeS 3,203 and 3,204. records of Ada County. Idaho;
Thence S 89~49'28. W along said northerly boundary of Weaver Acres No.2 and the
northerly boundary of Weaver At;:res No.1 as shown in 8001( 28 of PIat8 on Pages
1,745 and 1,146, records of Ada County, Idaho, a diGtanœ of 653.56 feet to II 5IB inch
diameter iron pin marking the northwest OOI11ef' rif said Weaver Açres NO.1;
Thence S 0"19'41" W along the westerly boundary of said Weaver Acres No, 1 a
distance of 708.20 feet to a 518 inch diameter Iron pin;
Ho]lybrook Subdivision
EXHIBIT C
CITY OF MERfDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS'! CALL (208) 884-5533
'-"-"""--~'" - ..".." -..
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Thence leaving said westerly boundary S 0°13'57" Wa distance of 144.20 feet to a
point;
Thence N 89°58'43" E a distance of 328.02 feet to a 518 inch diameter iron pin on the
westerly right-of-way (a{ Curt Drive;
Thençç, S 0°18'51" Wa/ong said westerly right-of-way a distance of 432,76 feet to a 5/8
inch diameter iron pin on the nol1herty right-of-way of Ustick Road; -
Thence 5 89.58'õ5" W along said northerly right-of-way a distanoe of 328.04 feet to a
518 inch diameter iron pin;
Thence leaving said northerly right-of-way S 0°18'59" W a distance of 40,00 feet to a
5/8 Inch diameter iron pin on the southerly boundary 0' the SW X. of said Section 31;
Thence S 89°58'55- Walong said southerly boundary a dIstance of 122.79 feet to the
POINT OF BEGINNING.
This parcel contaIns 15.32 aaas ønd is SUbject to any easements exiSting or in Use.
Clinton W. Hansen, PLS
Land Solutions, PC
March 22, 2005
Hollybrook Subdivision
EXHIBIT C
Cl1Y OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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Hollybrook Subdivision
EXHIBIT C
D. Required Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zoning amendment in tenus of the following standards and shall find adequate evidence
answering the following questions about the proposed 2;oning amendment."
The following is the list of standards found in J J -15-11 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 Hollybrook Subdivision staff report item
#7 above. The Council supports the zoning and finds the proposal in accordance with the
Comprehensive Plan.
B.
Is the area Included in the zoning amendment intended to be rezoned in the 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 he developed in the fashion that
would be allowed under the new zoning -for example, a residential area turning into a
commercial area by means of conditional use permits;
Council finds that single-family residential uses are allowed within the requested zoning district
of R~8. Medium. Density Residential pennits the establishment of residential uses and is designed
to protect the integrity of residential development by prohibiting the intrusion of incompatible
nonresidential uses. 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.
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 siIUilar to the proposed
rezone area;
Council finds that recent residential developments to the north and west have been approved for
development similar to the proposed subdivision, with single-family residences, Development in
the area has limited the main trunk sewer locations. Currently sewer is available in E. Washakie
Street via Sundance Place Subdivision.
Based on the ACHD Long Range 2030 proposal, Ustick Road is anticipated to eventually be a
three lane roadway abutting this site. However, Ustick Road between Meridian Road an Locust
Grove Road is not currently included within AC!ID's Five Year Work Program or in the
currently adopted la-year Capital Improvements Plan for roadway improvements. The applicant
shall comply with all ACfID conditions of approval for the site.
Hollybrook Subdivision
EXHlB IT D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Local Streets Washakie Street and Curt Drive are ACHD rights-of-way and provide stub
connection to the property ACHD and the City of Meridian will require the proposed
development COlU1ect these roadways as proposed.
E.
WiD 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;
Council fmds that the requested zoning and proposed density is within the anticipated range for a
medium density urban project. Based on the Comprehensive Plan, staffbeJieves that the existing
parcels in the area (south and north and west) have already developed with similar densities and
allowances for alternate products and designs are encouraged. Staff also fmds that the proposed
zoning/uses can be designed and constructed in a manner that will be hannonious with, and
appropriate in appearance with, the existing and intended character of the surrounding area.
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "conunon space shall eq~al or exceed five percent of the gross land area of the
subdivision. This requirement shall apply to all single family residential subdivisions of five
acres or more." The common lots provide 39,766 sqlft of open space which is approxitnately 6%
of the site.
The existing character of the area will not change as this is one of the final infill developments :in
the vicinity. Council does not find that the proposed zoning or USes will adversely change the
essential character of area. The Commission and Council rely on staff's analysis, public
testimony received and any conunents submitted from any other agencies or departments
regarding whether this property should be annexed as proposed.
F.
Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
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 UstickRoad shall be taken through the extension of AITowwood Way as designed.
The proposed design creates a roadways section along the western properties in Weaver Acres
Subdivision. Council fmds the layout as proposed as all the lots within Weaver Acres are on
ISTS which have a life expectancy of approximately 30 years. These Jots were platted in the
1970's and colU1cil anticipates the need for future connections and annexations of Weaver Acres
Subdivision, The road layout should be the most cost effective solution and encourage
redevelopment of these properties.
The Comnñssion and Council rely on any public testimony (oral and written) when detennining
whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the
existing or future neighboring Uses.
G.
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,
Hollybrook Subdivision
EXHIBIT D
CITY OF MERIDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS'~ CALL (208) 884-5533
sewer or that the person responsible for the cstabJishment of proposed zoning amendment
shall be able to provide adequately any of such services;
The applicant wil] 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 and/or future property owners will be required to pay park and highway impact
fees.
On June 17, 2005, a joint agency/department comm.ents 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, COuncil fmds that the public services listed above
can be made available to accommodate the proposed development. The Commission and Council
reference any written and/or verbal testimony submitted by any public service provider, regarding
their ability to adequately service this proj ect.
H.
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;
The developer wí1l be f1llancing the extension of sewer, water, local street in&astructure, utilities
and irrigation services to serve the project. The primary public cOsts to serve the future residents
will be rtre, police and school facilities and services. Council fmds there will not be excessive
additional requirements at public cost and that the proposed zoning and subsequent development
will not be detrimental to the community's economic welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any penons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
Council finds that the proposed annexation and the development of single-family homes on this
site will not involve uses that will create nuisances that would be detrimental to the general
welfare of the surrounding area.
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 detritnental to the
general welfare of the public. Council does not anticipate the proposed annexation and
subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J.
Will the area have vehicular approaches to the property which shall be so designed as not to
create an inteñerence with traffic on surrounding public streets;
The applicant is proposing to construct one public street extension into the site from Sundance
Place Subdivision and continue the extension to Quenzer Commons Subdivision which will
COIU1ect Meridian Road with Locust Grove Road for further roadway connections. ACfID is
supportive of the proposed stub street extensions as previously approved, The landscaping should
be designed in a manner to slow traffic flow to Ustick Road and reduce any traffic to Curt Drive
(the OlÙy connection for Weaver Acres Subdivision) If is designed and constructed as approved
by the ACHD and the City, council does not believe that the subdivision will create interference
with traffic on the sWTounding public streets.
HoHybrook SubdivÎsíon
EXHIBIT D
CITY OF MERIbIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
K.
Will not ..esult in the destruction, loss or damage of a natural or scenic feature of major
importance; and
There are some mature trees on tills propeliy, Any existing trees larger than 4" ca.liper that are
removed should be mitigated for, per the Landscape Ordinance, Council finds that the proposed
development will not result in the destruction, Joss or damage of any natural feature(s) of major
importance if developed under these conditions.
The Commission and Council reference any public testimony that may be presented to detennine
whether or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which staff is unaware.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)1
The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in
the near vicinity. Council fmds 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 compHance with the City's
Comprehensive Plan. Council does not approve lot sizes that would be invasive to the properties
to the east of the subject property but the lot sizes should be transitional in nature and allow
additional residential densities and product opportunities for the general vicinity. Subdivisions of
medium density have already been approved for development to the north and west and this is a
logical expansion of the City limits for an infiH project. In accordance with the findings listed
above, Co il fin that anne atio and oDin of this ro crt would be in the best interest of
the Citv.
2. PRELIMINARY PLAT FINDINGS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed
subdivision, the Commission 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;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council supports the proposed layout as a practical solution to address the
constraints of infill development which pas design criteria dictated by previous developments,
Please see Annexation and Zoning Analysis "A".
B.
The avaßability of public services to accommodate the proposed development;
Council finds that public services are available to acconunodate the proposed development, (See
finding "G" under Annexation and Zoning Analysis for more detail,)
C.
The c:ontinuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
Council finds that the subdivision will not require the expenditure of capital improvement funds.
HoUybrook Subdivision
EXHIBIT D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D.
The public financhd capability of supporting sel"vices for the proposed development;
The Commission and Councìll'ely upon ConUhents from the public service providers (i,e,- police,
rITe, ACHD, etc,) to detennine this finding. (See finding "G" under -A.nhexation 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 Council's
attention.
The proposed design creates a unique situation for properties in Weaver Acres Subdivision to the
east of the property. The nonnal subdivision design would not allow creation of double &onted
lots (Arrowwood Way and Curt Dr). However the proposed design will allow existing lots to
have access to public services and provide a path of annexation for future development. Until
such a time as annexation would occur as these lots require fencing along their rear yards as
proposed by the applicant.
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that have be brought to the Council or Commission's attention.
ACHD considers road safety issues in their analysis. The Cotnmission and Council reference any
public testimony that may be presented to determine whether or not the proposed subdivision may
cause health, safety or envirorunental 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 tenns of the following and may approve a conditional use pennit if
they shall fl11d 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;
As part of the Planned Development (PD) the applicant is requesting relief ÍÌ"om the standard
street frontage requirement, lot size requirement and standard setbacks, as required by Meridian
City Code. See Special Consideration #1 below for detailed analysis.
Council fmds that the subject property is large enough to accommodate the requested use and all
other required features. Although the site is large enough to acconunodate all of the features
required by ordinance, the applicant has asked. through the Planned Development, to modify
specific development standards for Lots 2-17 of Block 4. The narrow nature of the north south
connection of the property creates a unique situation which would not have been able to be
addressed through nonnal R-8 standards. The Council finds that the considerations are approved
as requested. See Special Consideration #1 below for detailed analysis.
B.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the l"equiremeots of this OrdiDimce;
Council finds that the proposed single-family residential subdivisio~ with a gross density of 3.59
dwelling units per acre, is generally hannonious with and in accordance with the 2002
Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium Density
Hollybrook Subdivision
EXHIBIT D
G.
H.
1.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTI"ONS? CALL (208) 884-5533
Residential" and "Low Density Residential" (provided the Commission and Council grant the
requested plalll1ed development). Please see Annexation & Zoning Analysis "A" above.
c.
That tile design, construcdon, operation, and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will Dot adversely change the essential character ofthe 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 other property in the vicinity;
The Commission and Council rely upon public testimony, staff's analysis, and other agency
comments when determining if the proposed uses will 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 "R" above, the "Other AgencylDepartment
Comments and Conditions" at the end of this 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 Annexation & Zoning Analysis "H" above.
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.
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 "J" above. The Conunission and Council review any
comments received from the ACHD provide for this project when determining this finding.
That the proposed use will not result in the destruction, loss or damage of a natural, scenic
or historic feature considered to be of major importance.
Please see Annexatioll & Zoning Analysis "K" above.
Hollybrook Subdivision
EXHIBIT D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
City Council hearing for October 4, 2005
p & Z Conmussion and Hearing Dates:
July 1, 2005, continued to August 4,
2005, continued to September 1, 2005
C:ife;;di~ \
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TO:
FROM:
Planning & Zoning Comnussion
Joe Guenther, Associate City Planner
Michael Cole, Development Services Coordinator
Hollybrook Subdivision
. PP-05-025
, -
SUBJECT:
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55 Single family residential lots and on 15,32 acres
. AZ-05-026
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Annexation of 1532 acres with proposed R-8 zoning
. CUP-05-033
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A Planned Development for reduced lot sizes and frontage requirements in
an R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hollybrook, LLC-Bond Campbell, has applied for Annexation and Zoning (AZ) and
Preliminary Plat (PP) approval of Fifty-three (53) Building Lots and Eleven (11) Common/Other Lots on
15.32 acres. The site is located on the north side of Us tick Road approximately one-quarter of a mile east
of Meridian Road. This site is currently agricultural with farm buildings and one single family residential
building. The site has not been previously platted.
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Planning Area, The subject applications (AZ CUP, and
PP) were subnùtted concun-ently to the Planning & Zorung Department for review, Staff reconunended
approval of the amended preliminary plat August 21, 2005 for Hollybrook Subdivision submitted as AZ-
05-026, CUP.05.033, and PP-o5-025 with the conditions of approval as outlined in this report.
The Meridian Planning and Zoning Commission heard the item on August 4, 2005 and recommended the
applicant work with the neighborhoods of Weaver Acres and Sundance Place as weB as ACHD to provide
a solution to traffic calming along block 4 of the plat dated July 14, 2005, The applicant returned with a
revised plat dated September 1,2005. At the public hearing they moved to recommend approval with
changes to the plat dated September 1. 2005,
a. Summary of Public Hearing:
i. In favor: Donald Kelso, Brian Cooper, Kevin ChurclIDlan, Mark Smith
ii. In opposition: None as of September 1, 2005
iü. Opposed as of the August 4,2005 hearing,
Commenting as of the September 1, 2005:
1. Hal Putnam, 3424 Curt Drive
2. Florence Witticker, 3378 North Weston
3. Letha Quinn, 456 East Patagonia
4, Sally Alexander, 3360 North Weston Avenue
5. Jady Pierce, 33842 North Weston
HOLL YBROOK SUBDIVISION
CUP-O5-033/ PP-O5-025/AZ-05-026
PAGEl
CITY OF MERJDJAN PLANNING AND ZONING DEPARTMENT STAPP REPORT. QUESTJONS? CALL (20&) 8&4-5533
6. Kathy Sherman, 3458 Weston Way
7. Joe Shale, 3476 North Weston Way
8. Shawn Funkhouser, 3644 North Pistato
9. Linda Roberts, 3525 Cun Drive
iv. Staffpresenting application: Joe Guenther
v. Other staff conUl1enting on application: Anna Canning, BilJ Nary
b. Key Issues of Discussion by Commission:
i. - Design ofN. Arrowwood Way to slow down tTaffic ftom subdivisions located
north of the proposal.
ii. - size and number of lots in Block 4
Hi. - connection to Ustick road at Curt Drive, left to ACHD approval
iv, -fixing and continuing drainage and irrigation piping
c. Key Commission Changes to Staff RecoDlDlendation:
i. - All single family residential lots listed as Block 4 of the plat dated August 21,
2005 shall be designed as to have shared access to N, Arrowwood Way.
ii. ~Elevations and building footprints for the single family residential lots in Block
4 shall be submitted prior to the City Council hearing date. Elevations and
building footprints shall be a part of the Development Agreement.
iii. - The number oflots along N. Arrowwood Way as depicted on the August 21,
2005 preliminary plat shall be reduced to a total of twelve lots.
iv. -Inclusion of a gazebo in the amenity Jot in either Block 1 or Block 4 of the plat
dated August 21, 2005.
d. Outstanding Issue(s) for City Council:
i. - None
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
540 E. Ustick / Ustick and Curt
SE ~ of SW ~ 4NIE31
b. Owner:
Bond Campbell
Hollybrook LLC
1150 E. Ustick
Meridian, Idaho 83642
c. Applicant:
Bond Campbell
Hollybrook LLC
1150 E. Ustick
Meridian, Idaho, 83642
d. Representative: Shawn Nickel, SLN Planning, Inc.
e. Present Zoning: COUNTY RUT
f. Present Comprehensive Plan Designation:
Medium Density Residential, Low Density Residential
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI):
2, Date of CUP site plan (attached as Exhibit A2):
July 14,2005 Sheet PP-I, ECl.
July 14, 2005 Sheet PD-I, ECL
HOLL YBROOK SUBDIVISION
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PAGE 2
cYrY OF MERIDIAN PLANNING AND ZONING DEPAR"IMENT STAÞF REPORT. QUESTJONS? CALL (208) 884-5533
3. Date oflandscape plan (attached as Exhibit A3):
h. Applicant's Statement/Justification:
Shawn L. Nickel, Land Consultants has submitted a statement of purpose with the application,
dated April 15, 2005 and revised May 24,2005. The applicant has also made amendments to
the site plan due to ACHD concerns and has addressed the north/south connection in response
to City of Meridian staff, ACHD staff, and neighbors concerns with the submittals dated July
14,2005.
4. PROCESS FACTS
8. The subject application will in fact constitute an annexation as determined 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,
b. The subject application will in fact constitute a preliminary plat as determined 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.
c. The,subject application will in fact constitute a planned development as detennined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a
public hearing is required before the City Council on this matter.
d. Newspaper notifications published on:July 4, 2005. June 20, 2005(for P & z
Commission meeting) and September 12th and 26th, 2005 for City Council.
e. Radius notices mailed to properties within 300 feet on: June J 0, 2005(for P&Z
Commission meetíng) and September 9,2005 for City Council.
f. Applicant posted notice on site by: July 24. 2005(for P&Z Commission meeting)
and September 24, 2005 for City Council.
April 15, 2005 Sheet L~I, ECI.
5. LAND USE
a. Existing Land Use(s): RUT Ada County - Agricultural
b. Description of Character of Surrounding Area:
c. Adjacent Land Use and Zoning
1. North: Sundance Place Subdivision R-8 with a Planned Development
2. East: Quenzer Commons, Heritage Commons Subdivision R -8 with a Planned
Development. Under development.
Weaver Acres Subdivîsion- R-l Ada COmIty.
3. South: Bedford Place Subdivision- R-8
4. West: Sundance Place Subdivision R-8 with a Planned Development
d. History ofPrevîous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
From Sl.Uldance Place Subdivision, WashaIde Street 8"
From Ustick Road, 12" main connection.
Issues or concerns:
HOLL YBROOK SUBDIVISION
CUP-OS-OJ3! PP-OS-02S! AZ-OS-026
PAGE 3
CITY OF MERIDIAN ÞLANNTNG AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Vegetation: Existing vegetation should be brought into compliance with
maintenance standards ofNMID. Applicant shalJ contact City Arborist for tree
mitigation.
3. Flood plain: NA
4. Canals/Ditches. Irrigation: Tiling and relocation of existing agricultural irrigation
ditches will need coordination with Settlers Irrigation District.
S. Hazards: None Identified
6. Proposed Zoning: R-8 - with Planned Development for Lots 2-18 Block 4
7. Size of Property: 15.32 acres
8. Description of Use:
f Subdivision Plat Information
I. Residential Lots:
Single-Family Residential
S3
2. Non-residential Lots:
3. Total Building Lots:
4. Common Lots: 11
0
53
5. Other Lots: 8 of the common lots are for traffic control and direction
6, Total Lots: 66
7. Open Lots: N/A
8. Residential Area: 15
9. Gross Density: 3.59 units per acre
g. Landscaping
]. Width of street buffer(s): 25' on [¡stick Road Lot 1 Block 2
10' on Curt Drive Lot 1 Block 2
10' on east side of Arrowwood Way Loti Block 2
5' on west side of Arrowwood Way, ROW
2. Width ofbuffer(s) between land uses: 0' with 6' solidfencing
3. Percentage of site as open space (PP and PD applications):
6% 39, 766 square feet.
4. Other landscaping standards: All common lots to be included with PD amenities
shall comply with the landscape plan dated April 15, 2005, with considerations for design amendments
dated July 14, 2005.
h. Conditional Use Information
1. Non-residential square footage: square feet
2. Proposed building height: Lesj' than 35' of R~8 standard
3. Percentage of site devoted to building coverage: 15.32 acres
4. Percentage of site devoted to landscaping: 1.27 acres
HOLt YBROÜK SUBDIVISION
CUP-O5-033/ PP-OS-O25/Az-O5-026
PAGE 4
CITY OF MERJ DIAN PLANNING AND ZONING })EP ARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
5. NUInber of Residential units; 55
i. Planned Developlnent - Lots 2-18 of Block 4 of Hollybrook Subdivision
j. AmeIÙties - Lot 1 Block 3, Lot 18 Block 4, Lot 2 Block 4, Lot Block 11 will have additional
Landscaping, Pathway connections to multi-use pathway in Sundance Place Subdivision, and seating
areas along all pathways.
I, Proposed and Required Residential Standards
Multi-use Pathway Connection with seating areas
R-8 standards apply to all lots except Lots 2-17 ofBJock 4 ofHol1ybrook Subdivision as
shown below:
k. Summary of Proposed Streets and/or Access (private, public, Common drive, etc,):
All roadways have been designed according to ACHD standards and wílI be public streets.
All common areas used for traffic control shall be landscaped and maintained by the
1I01Iybrook Homeowners Association.
For a detailed report on the public streets and access points to public streets, the attached staff
report ÛOlIl the Ada County Highway District (Exhibit C).
6. AGENCY COMMENTS MEETING
On June 17, 2005 staff held an agency COtnments meeting. Further meetings were held with the
Meridian Fire Department on July 22, 2005 to address the redesign of the Preliminary Plat dated
September 21,2005. Staff has inc1uded all comments and recommended actions as Conditions of
Approval from the meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Setbacks Proposed Required
Front Living Area of 15 20
Front Accessed Garage 20 15
Side 5 5
Rear 15 15
Frontage 55 65
Lot Size 4,800+ 6500
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-
family homes at densities of three to eight dwelling units per acre, Staff finds that the requested
zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive
Plan and Future Land Use Map, which designates the land to be "Medium Density Residential"
and "Low Density Residential". The 3.59 dwelling units per acre proposed with the preliminary
plat are consistent with previous Commission and Council actions and generally co11Íonn to the
goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition,
in the applicant's cover letter (dated April 15, 2005, revised May 24, 2004) lists several
Comprehensive Plan poHcies, all of wruch support the annexation and proposed residential use of
the property.
In Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas including single-
family homes at densities of three dwellim! units or less Der acre. The applicant is requesting that
HOLLYBROOK SllBDTVISroN
cuP-OS-O33! pp.O5.025/ AZ-OS-O26
PAGE 5
CITY OF MERTDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QlJESTJONS? CALL (208) 884-5533
aU the subject site be zoned R-8 (Medium Density Residential). The R-8 district al1ows for a
maximum of eight (8) dwelling units per acre (MCCl1-7-2.C), however the design mOre closely
resembles an R-4 development. The applicant's requested design provides for larger lots
consistent with a lower density transitional area. The comprehensive plan also states on Page 104,
Objective D- Plan for appropriate uses within nu-aI areas; "Require new urban density
subdivisions which abut or are proximal to existing low density residential land uses to provide
land-r¡caped screening or transitional densities with larger, more çomparable lot sizes to buffer
the inteiface between urban level densities and rural residential densities." Weaver Acres
Subdivision is located immediately east, north, and south of the property with seven lots of
approximately one acre parcels and is classified as low density residential, Lots. 2-5 of Block 1
and all of Block 1 have a calculated residential density of 2.45 dwelling units to the acre which is
consistent with the allowance within the Low Density Residential Designation.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this
application (r;taff analysis is in italics below policy);
Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and
pedestrians can decrease road congestion and add to the community's quality of life, The
proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in tills plan are adopted.
Although a designated Multiuse pathway is not located on this site the applicant has propose a
connection through to the pathway system in Sundance Place via Lot 17Block 11.
Require that development projects have planned for the provision of all public services (Chapter
VIT, Goal ill, Objective A, Action 1)
When 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 fiJI/owing manner:
. Sanitary seWer and waler service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares reSOurce and personnel with the
Meridian Rural Fire Department, Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles
of the recently opened Meridian City Fire Station #3 and lie within the Meridian
Fire Department '.f five-minute response zone.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office, Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adJacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Men'dian School District #2. This
service will not change.
The .r¡ubject lands are currently serviced by the Meridian Library District. This
SelViCe will not change and the Meridian Library District should suffer no
revenue loss as a result qfthe subject annexation.
.
.
.
.
.
HOLLYBROOK SU8DIVlSION
CVP-05-033/ PP-O5-025/AZ-05-026 '
PAGE 6
CITy OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QlJESTIONS? CALL (208) 884-5533
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department) the Meridian Water Departme11t, 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 IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated jor medium or low density
residential uses on the Comprehensive Plan Future Land Use Map. The applicant has made
the best attempt to mix low and medium density lots with the appropriate single famíly
residential productsfor the site,
.
Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter vll, Goal IV,
Objective C, Action 10)
.
The subject property is mostly designated Medium-Density Residential on the Future Land
Use Map which idennfies this area as an appropriate area for medium~density residential
development. This proposal meets the Comprehensive Plan definition of medium-density,
with a gross density of 3.59 dwel/ingunits per acre.
Develop policies and incentives to encourage infill and contiguous development. (Chapter V
Goal I Objective A Action 8)
The subject property has a unique design due to limited property width at the north/south
connection and is surrounded by existing and proposed developments which would classifY
for infill development. The proposed design meets the criteria for an R~8 development and
the applicant has been diligent in meeting the agency requirements and providing a quality
product near a mix of residential uses.
.
Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to surrounding development. Increased densities on random vacant lots
should be considered if: Development of uses other than single-family struCtures are
compatible with sUlTounding development as it complies with the cUlTent comprehensive
plan. (Chapter vn Goal V Objective A Action 10)
The proposed density, size of lots and unique roadway design will allow for an illcrease in
density for the proposal with smaller lots under a Planned Development where the mojority
of the lots are not requiring special considerations within the ordinance and comprehensive
plan, see also findings above.
Apply design and perfonnance standards to infilling development in order to reduce adverse
impacts upon existing adjacent development. (Chapter vn Goal V Obj ective A Action 11)
.
Staff does not foresee negative impact on surrounding development outside of the
construction phase, The site has an existing residence which will be incorporated and the
size, number, and quality of the houses is similar in nature to the surrounding developments
that the proposal should be indistinguishable upon build out as an attractive neighborhood
within a neighborhood.
HOLL YBROOK SUBDIVISION
CUP-O5~O331 PP-OS.O25/ AZ.O5.026
PAGE 7
CITY OF MERIDJAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
Staff finds that the proposed R-8 zoning designation is ha1111onÎous with and in accordance with
the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-11i8ts Planned DevelopDlent
modifications as conditional use in the R-8 zoning district. Single Family Residential uses
are permitted in the R-8 zoning district
b. Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose of the R-
8 district is to pennit the establishment of single- and two-family dwellings at a density not
exceeding eight (8) dwelling units per acre. This district delineates those areas where such
development has or is likely to occur in accord with the comprehensive plan of the city and is
also designed to permit the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the municipal water and
sewer systems is requit-ed.
c. General Standards: According to MCC 11~17-1, the City should impose any condition(s)
deemed necessary to inSlU'e compatibility of the development (CUP) with other uses in the
vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance.
Please see Conditions of Approval in Exhibit B.
9. ANALYSIS
a, Analysis of Facts Leading to Staff Recommendation
As noted above, the applicant is proposing to subdivide the subject site into fifty five
single family residential lots. Each lot contains a minimum 4,400 square-feet. The fifty
five proposed building lots range in size from 4,432 square-feet up to 18,081 square-feet.
There are three distinct areas on the site with a variety of housing types. The southern
most area is designated Low Density Residential while the western edge and northern
area is Medium Density Residential. The southern area has the largest lots, contains the
existing residence, and meets the overall gross density at 2.45 dwelling units per acre.
The northern area is consistent with medium density residential in an R-8 zoning
designation with lots ranging from approximately 7,000 square feet to over 10,500 square
feet. The last area is the westem boundary along the continuation of N. Arrowwood
Way. The site creates a constriction and a unique constriction at this area. The lots are
requested to have reduced Û'ontage and reduced lot sizes. These lots will be single family
detached products with the elevations subtnitted with the packet. All housing types are
proposed as single-family residential.
The applicant has requested all of the property be zoned R-8 (Medium Density
Residential). The applicant has indicated a gross density of the proposed subdivision at
3,59 gross dwelling units per acre. This presented density is in accord with the proposed
R.8 zoning district. This is allowable for the R-8 district with the Low Density area
directly colTesponding to the Comprehensive Plan which calculates at 2.45 gross
dwelling units per acre. Please see Armexation & Zoning Analysis below, The applicant
is requesting modifications to the dimensional standards of the requested R-8 zone (i.e.-
building setbacks, lot size, frontage, etc.) for Lots 2.17 of Block 4, These lots have
requested the following planned development standards:
HOLL YBROOK SUBDIVISION
CUP-O5-033/ PP-O5-025/ AZ-O5-026
PAGE g
CITY OF MERIDIAN PLANNING AND ZONING DEPAR1MENT STAFF REPORT, QUESTfONS? CALL (208) 884-5533
Setbacks Proposed Required
Front Living Area of 15 20
Front Accessed Garage 20 15
Side 5 5
Rear 15 15
Frontage 55 65
Lot Size 4,800+ 6500
1.1.1
ANNEXATION & ZONING ANAI,YSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compJiance of the proposed development with the
Zoning Ord:inance, staff believes that this is a good location for the proposed single
family residential products. Please see Exhibit D for detailed analysis of facts and
fl11dings.
1. The annexation legal description submitted with the application (stamped on 3/23/05 by
Clinton Hansen, 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 annexation of this
property. Prior to the annexation ordinance approval, a DA shall be entered into between
the City of Meridian, the property owner(s) (at the time of annexation ordinance
adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at
888-4433 to initiate this process. 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 project
will have to be removed úom their domestic service, per City Ordinance Sectio1l5-7-517,
when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape in-igation.
That all future development of the subj ect 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 shall agree to the building footprints and elevations as submitted to the City
Council on October 4, 2005 for all lots listed in Block 4 of the September 21, 2005
preliminary plat.
.
.
fRELIMJNARY PLAT ANAI,YSIS: The preliminary plat provides a good mix of
residential products with a wide range of mid siZied lots. The site complies with both the
medium and low density calculation with a mix of housing sizes. The applicant has
proposed a uIÙque design for a non-standard lot configuration on a property which by
shape would be difficult to develop.
HOLL YBROOK SUBDIVISION
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PAGE 9
CITY OF MER! DIAN I>LANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Based on the policies and goals contained iQ the Comprehensive Plan and the general
compliance oft11e proposed development with the Zoning 01'diuance, staff believes that
this is a good location for the proposed single family residential products, Please see
Exhibit D for detailed analysis of facts and findings.
1. Public Streets and Access:
Connectivity (Ustick Road to Washakie Street): The stub streets from Sundance Place
Subdivision and Quenzer COnunollS Subdivision, Washakie Street shall connect to
through with the cottunon street sections and completing the midsection connection of
Meridian Road and Locust Grove Road. The subdivision is constrained by previous
development in the area and is balmd by ACHD policies of inter connectivity. No direct
lot access to Ustick Road is approved with this subdivision.
Connectivity (Curt Drive): There are no services available in Curt Drive and concerns
have been raised about the increase in traffic from Curt Drive as a cut across street
connection witlùn the subdivision. ACHD has detennined a connection £Com Curt Drive
to AITowwood Way is appropriate and half of curt drive will be Î11lproved with this
project.
2. Landscaping: Staff is generally supportive of the proposed landscaping design with the
following considerations: Ustick Road landscaping shall be designed according to MCC
12-13 Landscaping and maintained by the home owners association. All common lots
which will provide traffic calming shall contain landscaping according to MCC 12-13,
See Site Specific Condition #7 below.
3. Doen SDace: MCC 12~13-16 requires five percent of open space to be set aside for
subdivisions of at least five acres in size. The applicant is proposing to set aside 39,766-
sq ft of the site for open space. Most of this open space is at the ends of Arrowwood Way
and provide traffic calnùng and glare prevention. Lot 1 7 provides a connection from the
development and makes opens space accessible to all lots of the subdivision and through
to the multiuse pathway. (MCC 12-13-16-3). See Site Specific Condition #5 below.
Tree MitÌ!ration: There are several large trees on this site that the applicant is proposing
to remove or relocate. Any tree OYer 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 Site Specific Condition #7 below,
4. Ditches. Laterals. and Canals: Per MCC 12-4-13, all inigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying aq¡ acent and contiguous to
the area being subdivided shall be tiled. Staff is unaware of the official status of the
drainage ditch; it appears to be maintained by Settlers Inigation and is considered an
off site natural feature. See Site Specific Condition #8 below
5. Pressure Irrigation: 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 prilnary source, If a swface
or well source is not available, a single-point connection to the culinary water syste.1i1
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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, pressm-ized 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 #9 below.
6. Fencing: The applicant is proposing to construct a six-foot tall solid fence around the
perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan
should be submitted upon application of the [mal plat (MCC 12-4.10.F.3). 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 12-4-10.
CONDITIONAL USE PERMIT 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 allowing a unique
design for single family residential products. Please see Exhibit D for detailed analysis of
facts and findings.
1. Reduced Standards: As stated earlier, the applicant is requesting modifications from
standard ordinance requirements for street frontage, lot size and setbacks.
Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary plat
has Lots 2-18 of Block 4 below the 6,500 square-foot minimum size. Therefore, a
modification to the standard R-8 lot size of 6,500 square-feet is applicable. The proposed
lot sizes range from 4,428 square~feet to 18,081 square~feet.
Lot Frontaee: The minimum requested street frontage is 55pfeet. There are 14 lots that are
at 55.feet of frontage (65-feet is the minimum for the R-8 zone). Staff is supportive of
reducing the frontage for these lots as it provides a practical use to these lots where the
property depth is minimal.
Setbacks: The applicant's submittal July 14,2005 requests that this development have a
front setback of 15 . The front setback would need additional defmition as to be 15' to
living space only and a minimum front setback of 20' to a garage entry way. Rear and
interior setbacks will be R-8 standards. Staff reconnnends approval of the setbacks as
requested.
2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of
each planned development. The proposed amenities for the subject planned development
include: The proposed open space makes up 6% of the site, 5% minimum is required and
it takes 10% to count open space as an amenity. Landscaped open space means land
exclusive of street rights-of-way and street buffers, except for right-of-way specifically
dedicated for landscaping within a subdivision. No drainage lots, required street buffers,
or canal buffers have been included in this calculation. The applicant is counting the
additional landscaping along the open space lots, a multi-use pathway connection into
Sundance Place Subdivision, and seating areas as amenities. Staff supports these
ameniti es as listed and believes they are adequate for the size of the property,
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3. Elevatìol1s; The applicant has submitted two ITont elevation drawings for the proposed
dwelling units included with the f>D. Staff believes that the dwelling units will be
compatible with the adjoining uses, if the buildings are constructed as shown all the
submitted elevations. Construction within Hollybrook 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 Unifonn Building Code. See Site Specific Condition #4
below.
b. Staff Recommendation: Staffreconunends approval ofCUP-05-033/ PP-O5-025/AZ-O5-
026 for Hollybrook Subdivision as presented in the staff report dated August 4,2005 and
September 1, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the
conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared
findings consistent with this reconunelldation.
10. PROPOSED MOTIONS
Approve
I move to approve File Nwnbers CUP-05-033/ PP-05-025/AZ-OS-026 for Hollybrook
Subdivision as presented in the staff report and the plat dated (September 21,2005) with the following
modifications to the conditions of approval: (add any proposed modifications)
Deny
I move to deny File Numbers CUP-05-033/ PP-05-025/AZ-05-026 for Hollybrook Subdivision
for the following reasons: (you must state specific reasons for denial. They should address how the
applicant might fe-do the application to gain your recommendation for approval.)
11. EXHIBITS
A. Drawings
1. Preliminary Plat - Dated July 14, 2005 shown as Sheet PP-l, prepared by ECI
(Erickson Civil Incorporated)
Revised September 21, 2005
2. CUP Site Plan- Dated July 14, 2005 shown as Sheet PP-l, prepared by ECI
3. Landscape Plan- Dated April 15, 2005 shown as Sheet L-l prepared by ECI
B. Conditions of Approval
1. Planning Department
2, Public Works Department
3. Fire Department
4. Parb Department
5, Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
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