HomeMy WebLinkAboutMessina Meadows AZ
PARTIES:
DEVELOPMENT AGREEMENT
1.
2.
3.
4.
City of Meridian
Harold Long & Teressa K. Long, Owners
Lynn B. Asay & Suzanne W. Asay, Owners
Tuscany Development, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of ,2006, by and between City of Meridian, a
municipal corporation of the State ofIdaho, hereafter called "CITY', and Harold & Teressa
K. Long, and Lynn B. Asay & Suzanne W. Asay, hereinafter called "OWNERS" and
Tuscany Development, Inc., hereinafter called "DEVELOPER".
1.
1.3
1.4
1.5
RECITALS:
1.1
WHEREAS, "OWNERS" are the sole owners, in law and/or equity,
of certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2
WHEREAS, 1. C. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner" make a written commitment concerning the use or
development of the subject "Property"; and
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
WHEREAS, "Owners" have 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
WHEREAS, "Owners" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject "Property" will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 1 OF 14
1.6
1.7
1.8
1.9
1.10
WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the lih day of July, 2005, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owners and Developer" to
enter into a development agreement before the City Council takes
final action on amlexation and zoning designation; and
"OWNER" 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 "Owners and 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 ftom
government subdivisions providing services within the planning
jurisdiction and ftom affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 2 OF 14
3. DEFINITIONS: For all purposes of this Agreement the following words,
tenns, and phrases herein contained in this section shaH be defined and interpreted as herein
provided for, unless the clear context ofthe presentation of the same requires otherwise:
3.3
3.4
4.
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2
"OWNER": means and refers to Harold R. Long and Teressa K.
Long, husband and wife, whose address is 2636 E. Amity Road,
Meridian, Idaho 83642, LynnB. Asayand Suzanne W. Asay, husband
and wife, whose address is 4651 S. Asay Lane, Meridian, Idaho
83642, the parties developing said "Property" and shall include any
subsequent developer(s) of the "Property".
"DEVELOPER": means and refers to Tuscany Development, Inc.,
whose address is PO Box 344, Meridian, Idaho 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) attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (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 05-017 application.
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 3 OF 14
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted
to "City" an application for conditional use pemlit site plan dated April4, 2005, and shall be
required to obtain the "City'" approval thereof, in accordance to the City's Zoning and
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
That the developer 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
fÌ'om their domestic service, per City Ordinance Section 5-7-517,
when services are available ITom 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.
That development of Phases 1 and 4 located within a floodplain shall
not commence until FEMA approves the proposed Letter of Map
Revision and the flood designation has been revised for Ten-Mile
Creek. If the flood plain and floodway boundaries presented with this
application are not approved by FEMA, the developer shall have two
options: 1) remove any lots within the FEMA-approved floodplain
boundaries or 2) resubmit for preliminary plat approval of Phases 1
and 4.
The developer shall construct multi-use pathways as required by the
Comprehensive Plan and presented on the preliminary plat dated
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
6.1.
4.
"Developer" shall develop the "Property" in accordance with the following
special conditions:
1.
2.
3.
PAGE 4 OF 14
5.
March 14, 2005. The future crossings of Ten Mile Creek and
Ridenbaugh Canal may be accomplished through bridges (Davinci
Way stub street) connecting future development with Tuscany Lakes
and Messina Hills Subdivision.
PARK - Pursuant to the direction of the City Council, the applicant
met with the Parks and Recreation Commission regarding the
possible dedication of Lot 21 Block 1 to the City for a public park.
Despite a positive recommendation fÌ'om the Parks and Recreation
Commission, the City Council has not taken action to approve the
City's acceptance of Lot 21 Block 1 as a public park. Accordingly,
the applicant may proceed to submit the final plat which shall depict
Lot 21 Block 1 as open space/common area to be owned and
maintained by the homeowner's association. In the event that
applicant and City reach agreement at some time in the future
regarding dedication of Lot 21 Block 1 as a publicly owned and
maintained park, the dedication can be accomplished by a separate
written agreement and amended final plat.
S. BURGO AVENUE - The developer shall cOlmect, as a public
street, the S. Burgo Way stub street in Messina Village Subdivision
No.2, with the proposed S. Burgo Avenue through the subject
property. The applicant shall coordinate with the United States
Bureau of Reclamation and the Ada County Highway District on the
extension of said public street connection and crossing of Parcel No.
S1129142220.
6.
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" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is 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 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 5 OF 14
-----.."
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and if the "Owner" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owners/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 tenns and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1
10.2
In the event "Owners/Developer", "Owners/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 comlection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owners" 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 "Owners", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners", or by any successor or successors in title or by the
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 6 OF 14
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 ofthis Agreement, the parties agree
that "City" and "Owner" 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 perfonnance of any covenant to be performed
hereunder by either "Owners" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such perfonnance
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 "Owners" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owners" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" agree to abide by
all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if
the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances
of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 7 OF 14
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Tuscany Development
PO Box 344
Meridian, ID 83680
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNERS:
Lynn B. Asayand Suzanne W. Asay
4651 South Asay Lane
Meridian, Idaho 83642
Harold R. Long and Teressa K. Long
2636 East Amity Road
Meridian, Idaho 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 of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 8 OF 14
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and
any other person acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had determined
that "Owner" 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 ITom
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" 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" 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
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 9 OF 14
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 10 OF 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
DEVELOPER:
OWNERS:
V~ ~ &;:?t21
Lynn B. ~say .
~ Lr"
...~ .Yd'4øf'
~a e . Asay
~R4
Harold R. Long
~M~~
Te ssa K. Long
CITY OF MERIDIAN
BY:
MAYOR TAMMY de WEERD
Attest:
CITY CLERK
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 11 OF 14
STATE OF IDAHO, )
: ss:
County of Ada, )
On this ~ day of , 2006, before me, the undersigned, a
Notary Public in and for said State, personall ppeared GREG JOHNSON, known or
identified to me to be the President of Tuscany Development, the corporation that executed
this agreement and the person who executed the agreement on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day 9.t1ò~!J4i¡Jhis certificate first above written.
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COUNTY OF ADA)
On this :;J7fh day of JQ n fffffi!i ' in the year 2006,
before me, a Notary Public, personally appeared LYNN B. A Y known or IdentIfied to me
to be the person who executed the instrument and acknowledged to me that he have executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
?fficial seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 12 OF 14
STATE OF IDAHO)
: ss
COUNTY OF ADA)
On this :? 7 f"h day of ,7ó n U M Ii ' in the year 2006,
before me, a Notary Public, personally appeared SUZANNE. ASA Y known or identified
to me to be the person who executed the instrument and acknowledged to me that he have
executed the same.
'" '. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
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offic~~&~di th~è,ay ~d year in this certificate first above written.
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($At) -000'. : : Notary Pu lC for Idaho
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STATE 'ð¥eI49J\llb )
: ss
COUNTY OF ADA)
On this ;l7f1'1 day of ,7áfUl~ , in the year 2006,
before me, aN otary Public, personally appeared HAROLD. LONG known or identIfied to
me to be the person who executed the instrument and acknowledged to me that he have
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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Notary PuB lC for Idaho ~
Residing at: CaAv on ð I IdttJu
Commission expirÐs: "1;Þ..q /1/
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DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 13 OF 14
STATE OF IDAHO)
: ss
COUNTY OF ADA)
On this a 7-1+0 day of JttM..~ ' in the year 2006,
before me, a Notary Public, personally appeared TERESSA K. ONG known or identified
to me to be the person who executed the instrument and acknowledged to me that he have
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official s . 't ~~,. year in this certificate first above written.
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STATE OF IDAHO)
: ss
County of Ada
)
On this day of ,2006, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION)
PAGE 14 OF 14
. REVISED DESCRIPTION .. .
CITY OF MERIDIAN ANNEXATION
MESSINA MEADOWS SUBDIVISION
January 13, 2006
APÄRCEL OF LAND LOCATED INTHES 112 AND THE NE 1/4 OF SeCTION 29, TOWNSHIP
3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN. ADA COUNTY,IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER THE. SE 1/4 OF SECTION 29. r.3N., R.1 E.,
8.M.. THENCE N 89°37"43"W 25.00 FEET ALONG THE NORTH UNE OF SAID SE 1/4 TO A
P()INt ON THE WEsrERL Y RIGHT OFWAYOFS. EAGLE ROAD,THE ~
BEGINNING OF THIS ANNEXATION DESCRIPTION;
THENCE S 00°37'09- W 1321.32 FEET ALON.G SAJD WeSTERl YRIGHT OFW AY TO A
POINT ON THE SOUTH LINE OF THENE 1/4 ()FSAID SE 1/4; ... .
THENCE N 89°39'50. W 1307;62 FEET TO THE NORTHEAST CORNER OF THESW 1/4 OF
SAID SE 1/4;
THENCE Sooo26i23.W 1297.78 FEET ALONG THE EAST LINE OF THE SW 1/4 OF SAID SE
1/4 TO A POINT ON THE NORTHERl YRIGHTQF W A YOF E. AMITYROAD;
THENCE N89°43'43RW 388.82 FEET ALONG SAID NORTHERlYRIGHTOFWÄYTOA
POINT;
tHENCE N 00°50'13'; E 473;19 FEET TO A POINT;
THENCE N 89°50'46. W 274.51 FEET TO A POINT;
THENCE S 00°26138 W 382.63 FEET TO APOINT ON A CURve. ALSO BEING THE
CENTERUNE OF THE TEN MILE DRAIN:
ÄLONG sAID CENTERLINE AS FalLOWS:
THENCE ALONG A CURVE TO THE LEFT 405.41 FEET, SAID CURVE HAVING A RADIUS
.OF 1071.91 FEET, A CENTRAL ANGLE OF 21°40'138, TANGENTS OF 205.16 FEET, .
AND CHORD WHICH BEARS N 41°30'24- W 403.00 FEET TO A POINT OF TANGENCY;
THENCE N 5ZO20'29- W 503.16 FEET TO A POINT ON THE WEST LINE OF THE SW 1/4 OF
'SAID SE 1/4 (CENTER OF SECTION UN!;);
THENCE S 00°15'10'" W 4;23ÆET ALONG SAID WEST LINE TO A POINT;
THENCEN SX'15'3O"W 254.23 FEET TO A POINT;
THENCE N 5~3O'30"W 547.61 FEET TOA POINT;
THENCE N 33°26'30" W 49.85 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF
THE SE1140FTHESW 1/4 OF SAID SECTION 29:
:.II.IO.ANNEX~])ES.I)OC
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 136.72 Acres from RUT (Ada
County) to R.8 (Medium Density ResidentialAND Preliminary Plat Approval of Four-
Hundred-Ninety~One (491) Single- Family Building Lots, Sixty-Seven (67) Other/Common
Lots, and One (1) Park Lot AND Conditional Use Permit Approval for a Planned
Development Consisting of Single-Family Homes and a Public Park with Reduced
Minimum Lot Frontages and Reduced Minimum Lot Sizes, by Tuscany Development, Inc.
Case No(s): AZ-05-017 PP-O5-019, CUP-05-026
For the City Council Hearing Date of: July 26, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the July 12, 2005 and July
26,2005, public hearing(s). The applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
City of Meridian were gíven full opportunity to express conunents and submit
evidence.
b.
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).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
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
CfTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS.O17/ PP-OS.O19 / CUP-OS-O26- PAGE 1 of 5
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated March 14,2005 is hereby conditionally approved; ,
2. The applicant's Site Plan as evidenced by having submitted the Site Plan shown in
Exhibit C is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures 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 fmal 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
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.8 & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.O5-017 / PP-O5-019 I CUP-O5.026- PAGE 30[5
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 more than twenty-eight (28) days after the final decision'
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67M6521 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
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Annexation and Zoning Comments
Exhibit E:
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Exhibit F:
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
CUP/PD Findings
By action of the City Council at its regular meeting held on the
~ 2005.
2-l.R *'-' day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5.017 / PP-O5-019 / CUP-O5-026- PAGE 4 of 5
(TIE BREAKER)
," ;, , "
II" ""
,II' Of ~,,>,
,,~' ",-.I, ..~--.":::""4i4:""
" ð~" ,. ""', "1' <,
! _n,~POf(A >:.",<:
.;: .£.\f"" . ~() '\ ..-
Illiam G. Berg, Jr.. City Clerk ~ ~ ~
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-:--c..}-'~" i-, '
~,'Ýð -,::rr 15': " ' "i.;
Copy served upon Applicant, The Plar:~rÍ1;,~~~g\r;eÞartment, Public Works Department
and City Attorney.
Attest:
.0
B \Ç kM " ~ '.i"<'-.
City Clerk
Dated: q - 2..8" (f;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S). AZ.O5-017 / PP-O5-0I9 / CUP-O5-026- PAGE 5 of5
EXHIBIT A
Messina Meadows Subdivision
AZ-O5-017
Legal Description (2 pages)
.--- -.. -----.---
LJi:SCfW'TION FOR
MESSINA MrAU(,WS SUI1DIV¡SION
t".1,;¡r,JI ::,. :::~JC5
¡', ~",RCE:.L ~-:)i: L';I~:J LOCAEC Ir'- TI,E:~ 1;;: u:: s::c:~';ut\ 2£,. Ar,¡O ALL OF ,-OT 2, SUCI<
... (¡F ;:JRCP(:S::D tÆSSiNr,. Hll..S SU9DI',!:SI0:\ NC),2 LYING 1:--' TOWNSHI;J :; tJCi.;:TH,
RANGE, c.o.s":' OF THE SOlS:=: MEiiIDiM~, h1ERlJi{.,'\. ~.DA COUNTY, IDAHO. BEiNG
MJRE P;"Rïl'~~'.. t.,:\~ y ~ESCRIB::D AS ~'(\LI<)IJ,...S:
COMM~r~CiN'~ i-. - T~i~ NORiHEÞ.ST CORNER T~E SE ".., OF SECTION 2~J, T.3r~" R, 1 ::"
8 M.. Ti- Er~CE !\ Sf:'37'-:t If. 25 DC FEET ,4LONG THi; NŒTH LINE OF SAID SE ~;~ 10 f,
POII'> TON T,-:E ~'\,!ESTERL Y RIGHT OF 'NAY 0:' S cAG:..E ROAD, THE REAL POINT OF
BEGINNING OF TrilS SUBDIVISION:
THENCE S (("',iTCt¡)" IN ~ :~tí32 FEET ALONG SAID WESTERLY RIGHT OF \,VAY TO ¡.
POINT ON TH¡: SOUTH Llf\JE OF THE N::: :,'.1 OF SAID SE .,i~.
THEf'>C:= N 1\~"'.25~" W '30762 FEET TO THE NORTH=AST CORNER OF THE SW 1,:': OF
SAID SE ~;':¡ -
THENCE S OC'"Ze;'23" \'11 ,297.78 FEET ALONG THE EAST LINE OF THE SW 1l4 OF s,c..¡O s=
1.1-1 TO i, ;:¡Oll'n ON THE NORTHERLY RIGHT O~ WAY OF E. AMITY ROAD;
ìHENŒ i~ ,~~q3'¿3" W 39!;U7 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO.t,
POINT.
THENCE ~; f)C"'26':';~" E 475.00 FEET TO A F'OII\;T,
THENCE N ö~'.:3'43" ~'\¡. 251 co FEET TO A POIN--:-:
THENCE S OC\"2ô'~~" VI' 38503 FE~T TO A POINT ON A CURVE, ALSO BEING THE
CENTERLI.\lE C,:= THE T=N MILE DRAIN:
ALONG 3.\10 CENTERLINE AS FOLLOWS
THENCf; ALONG A CURVE TO THE LEFT 4DS 41 FEET. SAID CURVE HAVING A RAJIUS
OF 1C17Ui FEET, ¡.., CENTRAL ANGLE OF 2i' 40'1]". TANGENTS OF 205.16 FEET.
Af\,O C~ORD WHICH BEARS N 41 "30'24" I/'i 403,00 Fi::::T TO A POINT OF TANGENCY,
Exhibit A - Messina Meadows
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THE: ¡:; Î '~ Y -;-,.E \,= .. :,..: OF SAID S\,\' . /.: :
TH,=i~':'= S é" :õ:: '.-'.~' E' 3C',Si);' ::EET ALONG THe; r!O¡:;;TH UN;:: OF TH::; E 1:'2 OF THi:.I'-JS
. ".: 0:: S,~I:::' 5",0" -",- TO THE SOUTHWES-TW Y ,=-OF:I"!,,,R OF LOT;:, BLOCK 1 ~ OF
M::;SSI~J/\ .., l.,.::', 31Æ;DlvISION NO 2;
¡,LOr-.G T'1:" E,:XH',[IAi~Y OF SAID LOT" THE FOI"LO\,ViNG
THENCE N 6,:'43""-[," E 3170 FEET TO A paiN"';";
lI-JEN::E ALor,.C; I.. CURV¡:;: TO THE LEFT 25C.52 :OEET, SAID CURVE HAVING ,A, RADIUS
OF 1250,Ov FEET, A CEt\TRAL ANGLE OF 11'56'29", TANGENTS O~ 130,731"EET, AND
Crl()RD \Nt-I,Ç~ S¡;:'ARS N 54"45'33" E 260,05 FEET TO A POINT:
THENCE' ALOt-.!G A CURIIE TO THE ~EFT ~4.17 FEET, SAID CURVE HAVING A RADiUS OF
1:.'0.00 FEI:T, A CfNTRA:" ,l\I\IGLE OF 24'37'5~". TANGENTS OF 2751 FEET, AND CHORD
WHIG" B;õARS S 5i)"'1 <"(13" E 5=1,7f\ FEET TO /, ÞOINT;
THENCE see '1:":'2,(1" \IV ',37.46 FEET TO THE NORTHEAST CORNER OF SAID S\IV 1i4
IC1,i~ COR!\J¡::F;,I,
L'=AVING rH=', BO:JNDARY OF SAID LOT 2:
THENCE S tV::;-;"'.:',3" E 2646.14 FEET ALONG THE NORTH LINE OF THE SE ~. OF SAID
SECTION 2" TO TH" REAL POINT OF BEGINNING OF THIS SUBDIVISION,
SAID PARCE~ cor, T AI"-'ING 136_72 ACRES MOR'::' OR L~SS,
WAYNE ¡(. 5AR3i::R.
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Exhibît A - Messina Meadows
EXHIBIT B
Messina Meadows Subdivision
PP.O5-019
Approved Preliminary Plat
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EXHIBIT C
Messina Meadows Subdivision
CUP-OS-O26
Approved Site Plan
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The park shall be constrnøted in cooperation witB tlw Parks Department and a
cIsar title mast be provided to the City Attorney for review prier tD the final plat
for that phase BeiRg s1:1bæitted. Pursuant to the direction of the City Council,
the applicant met with the Parks and Recreation Commission regarding the
possible dedication of Lot 21 Block 1 to the City for a public park. Despite a
positive recommendation from the Parks and Recreation Commission, the City
Council has not taken action to approve the City's acceptance of Lot 21 Block
1 as a public park. Accordingly, the applicant may proceed to submit the final
plat which shall depict Lot 21 Block 1 as open space/common area to be
owned and maintained by the homeowner's association. In the event that
applicant and City reach agreement at some time in the future regarding
dedication of Lot 21 Block 1 as a publicly owned and maintained park, the
dedication can be accomplished by a separate written agreement and amended
final plat.
Exhibit D Messina Meadows
EXHIBIT E
Messina Meadows Subdivision
PP-OS-O19
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. The preliminary plat prepared by Briggs Engineering, Inc, dated Mar 14, 2005, is
approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-05-017) and Conditional Use Pennit
(CUP-O5-026) and Development Agreement shall also be considered conditions
of the Preliminary Plat (PP-O5-019).
2. In lieu of strict adherence to multi-pathway locations, the applicant may propose
an alternative multi-use pathway system in compliance to the 2002 Future Land
Use Map if approved by the Meridian Parks Department.
3. Place a note on the face of the final plat stating that all future ITont garage
setbacks shall be 20-feet as measured from the property line or the back of
sidewalk, whichever is more restrictive. Exceptions to this requirement would be
the lots contained by Blocks 22 and 23.
4. Prior to the City Engineer's signature of a final plat containing all structures not
contained on a designated lot shall be removed.
5. The submitted landscape plan prepared by The Land Group, Inc., dated 2-15-05 is
approved as submitted with changes. The following should be included in a
revised landscape plan:
. Depict and construct a 1O.foot wide gravel shoulder on Amity Road abutting
the site, with the remaining portion of the right-of-way being landscaped with
lawn or other vegetative groundcover.
. All micropaths within the proposed subdivision 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 areas being counted toward the open space reqaírement shall be ftee of
"wet ponds" or other such nuisances. All stonnwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
. Any tree over 4" in caliper that is removed from the property shall be replaced
by installing additional trees, being the equivalent number of caliper inches of
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed.
Exhibit E -Messina Meadows
Other than the changes listed above, the approved landscape plan is 110t to be
altered without prior written approval of the Planning & Zoning Department.
6. Construct a micro-path as depicted on the Preliminary plat March 15, 2005 and
drawn by Briggs Engineering, Inc. Appropriate signage should be included in the
micropath as to direct pedestrian traffic to the appropriate trail system.
7. All road drainage shall be contained on site in the roadside swales as depicted.
No trees shall be placed in such a manner as to interfere with drainage.
8. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa
and Meridian Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
9. The applicant has not indicated who will own and operate the pressurized
irrigation system within this development. Underground year-round pressurized
irrigation must be provided to all lots within this development. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If the pressurized irrigation 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 submitted 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
common areas prior to signature on the final plat by the City Engineer.
10. A detailed fencing plan shall be submitted upon application of the final plat.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non-combustible materials as to not interfere with regular
maintenance of ditches and waterways by Nampa Meridian Irrigation District. If
pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
permits. All fences shall 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.
Exhibit E -Messina Meadows
11. Maintenance of all common areas shall be the responsibility of the Messina
Meadows Homeowners' Association.
12. Staff is concerned about the potential effects of high groundwater in the proposed
project area. Two significant waterways affect this property: the Ridenbaugh
Canal along the entire northern boundary and Ten Mile Creek intersecting the
project. Conventional wisdom holds that the shallow ground water table recedes
once development occurs and agricultural irrigation ceases and waterways are
tiled. However, every year a number of homeowners contact the Public Works
Department regarding water in their crawl spaces in developments that have
been completely built out. Applicant's engineer will be required to submit a
signed, stamped statement certifYing that all street finish centerline elevations are
set a minimum of three feet above the highest established seasonal high
groundwater elevation.
13. The approval of this proposed development shall be conditional on the applicant
being able to obtain a letter of map revision from FEMA for the proposed
modified flood plain boundaries or redesign the development to comply with
Meridian City Code 10-6-5 regarding Provisions for Flood Hazard Reduction.
14. Due to relatively high existing groundwater levels, applicant shall submit a
Master Grading and Drainage plan as part of the development plans to be
submitted with each phase of this development. The Master Grading and Drainage
plan shall include at a minimum the following:
a. Groundwater contours for this development at peak seasonal high depth.
b. Finish floor elevation for all houses in this development.
c. Elevation of crawl space for all houses in this development.
d. Finish grade elevation at each lot comer.
e. Drainage flow patterns on all lots.
f. Applicant shall maintain a minimum of five ground water monitoring
wells in project, at locations approved by the Public Works Department.
Applicant shall continue monthly ground water monitoring for two years
after final approval of each phase and provide information to the Public
Works Department.
g. If structural fill is to be placed on any lot, material specifications and
compaction requirements shall be detailed and submitted to Public Works
and the Building Department.
h. If slab-on-grade construction is utilized in conjunction with typical
footings, builders of each lot shall comply with all requirements contained
in the International Building Code regarding slab on grade construction.
The builder of each lot shall provide fill material gradation certification
and a minimum of one compaction testing report per 500 square feet of
Exhibit E -Messina Meadows
first floor area (including garage) and provide such reports to the Meridian
Building Department prior to commencement of any framing.
i. The Master Grading and Drainage Plan must be approved by the Public
Works Department prior to overall plan approval. Builders must provide
finish floor and crawl space elevation certification for each house prior to
issuance of certificate of occupancy.
15. All residential construction, where foundations would be within soil Groups II
through IV of the Unified Soils Classification System, shall comply with the
International Residential Code R405.1, pertaining to the requirement of drains
around all concrete foundations that retain earth and en.close habitable or usable
spaces located below grade. Approved drainage systems shall be installed at or
below the area to be protected and shall discharge by gravity or mechanical means
to an approved drainage system. The applicant shall provide Public Works and
the Building Department with detailed soil classification profile of each test hole
as determined by Associated Earth Sciences Incorporated.
16. Sanitary sewer service to the western and southern phases of the development
shall be via the future main located along Ten-Mile Creek, through Tuscany
Subdivision and piped under the Ridenbaugh Canal, and the northeastern portion
shall connect to Messina Village Subdivision. The Subdivision designer is to
coordinate main sizing and routing with the Public Works Department to be in
accordance with the approved master sewer plan. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide
servIce.
17. Municipal water to this site shall be via extensions from existing mains in the
Tuscany Development from the north. Applicant will be responsible to construct
the sewer and water mains to and through this proposed development, thereby
making them available to adjacent properties. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are
required to provide service.
18. Other than the public street accesses approved by ACHD, direct lot access to
Eagle Road and Amity Road are prohibited. A note shall be placed on the final
plat restricting access to these roads.
19. All private streets as shown on the plat shall be a minimum width of 24 feet of
improved surface as agreed upon by the letter dated May 25, 2005
GENE~UIREMENTS-PRELIMINARY PLAT
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
Exhibit E -Messina Meadows
2.
3.
4.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13.10.8.
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.
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.
5.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6.
Two-hundred-fifty and one-hundred-watt, high.pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
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.
7.
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.
8.
Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours fOf all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not èxceed 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies detennining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established Donnal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
peak high groundwater.
9.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
Exhibit E -Messina Meadows
10.
11.
12.
Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4.8. Wells may be used for non-domestic purposes such as landscape irrigation.
Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02.374.
13.
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
14.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fue-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10 to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
Exhibit E -Messina Meadows
4. 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 turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. All common 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.
7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 Signs.
8. msure that all yet undeveloped parcels are maintained free of combustible
vegetation.
9. Fire lanes and streets shall have a vertical clearance of lY6". This includes
mature landscaping.
10. Operational fire hydrants, temporary orpennanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
11. To increase emergency acceSS to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The
applicant shall provide a stub street to the property to the (west/east/south). The two
entrances should be separated by no less than Yz the diagonal measurement of the
full development.
12. Building setbacks shall be per the International Building Code for one and two
story construction.
13. 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.
14. The proposed 491-10t subdivision with an estimated 2.9 residents per household
would have a total estimated population of 1423.9 residents at build out.
15. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
Exhibit E -Messina Meadows
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
16. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
17. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
18. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m). .
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 Or 903.3.1.2, the
distance requirement shall be 600 feet (183 ill).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway should connect
through to Bellingham park subdivision. If Bellingham Park Subdivision fails to
be approved the applicant shall provide on street connection from Lot 16 Block
16 to the Ten Mile Creek until such a time as an extension is possible.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
3. Minimum acreage standard for City Park: The City is willing to develop and
maintain Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks will be reviewed on a case-by-case basis. The City may
choose to maintain neighborhood parks at an acreage of seven acres or larger. It
will be the responsibility of private homeowner groups or associations to develop
and maintain the smaller mini parks and some Neighborhood Parks in their
Exhibit E -Messina Meadows
subdivision that the City does not maintain. Construction fill and grading must be
approved by the Meridian Parks Director.
4. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
5. 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.
MERIDIAN POLICE DEPARTMENT.
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shaH meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, front porches, and adequate nighttime lighting. The site plan
and/or landscaping plan shall be revised in accord with those discussions.
2. Any interior fencing shall allow visibility from the street or shall not exceed four
feet in height if solid fencing is used.
Central District Health Department
1. Run-off is not to create a mosquito breeding problem.
2. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design ofthe subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
SANITARY SERVICES
1. Please contact Bill Gregory at SSC (888.3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
2. SSC will not provide trash pick.up services utilizing the common driveway. The
developer shall install a concrete pad at the end of the common drive no more
than five (5) feet behind the sidewalk. The pad shall be of sufficient area to
accommodate the receptacles of the residences that take acceSS from the conunon
driveway.
ADA COUNTY HIGHWAY DISTRICT
Exhibit E -Messina Meadows
7.
8.
Site Specific Conditions of Approval
1.
Dedicate 48-feet of right-of-way from the centerline of Amity Road and construct
a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of
Amity Road.
OR
Dedicate 38-feet of right-of-way from the centerline of Amity Road and construct
a 5-foot concrete sidewalk located within the landscape buffer. Place the
sidewalk within an easement.
2.
Dedicate 48-feet of right-of-way from the centerline of Eagle Road and construct
a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of
Eagle Road.
OR
Dedicate 38-feet of right-of-way and construct a 5~foot concrete sidewalk located
within the landscape buffer. Place the sidewalk within an easement.
3.
Construct a continuous left-turn lane on Eagle Road at the intersection of Eagle
Road and East Mona Lisa Drive. Provide a minimum of 100- feet of storage with
shadow tapers for both the approach and departure directions. Coordinate the
design of the turn lane with District staff.
4.
Construct a right turn-lane on Amity Road at the intersection of Amity Road and
Montague Way. Coordinate the design of the taper with District staff.
5.
Construct a left-turn lane on Amity Road at the intersection of Amity Road and
Montague Way. Provide a minimum of 1O0-feet of storage with shadow tapers
for both the approach and departure directions. Coordinate the design of the turn
lane with District staff.
6.
Shift East Mona Lisa Drive to intersect Eagle Road approximately 60- feet to the
north to directly align with Zaldia Lane.
Construct South Montague Way to intersect Amity Road at the east property line,
as proposed.
Construct East Mona Lisa Drive as an alternative street section that includes two
17-foot travel lanes with 2-foot concrete ribbon curb and an 8-foot drainage swale
on both sides of the roadway within a total of 72-feet of right-of-way. Construct a
5-foot sidewalk located outside of the right-of-way within an easement (if it is
detennined that this development meets the criteria for the alternative street
section). If it is determined that this site does not meet the established criteria,
construct East Mona Lisa Drive as standard residential collector that includes a
36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk
Exhibit E -Messína Meadows
14.
15.
within 50-feet of right. of-way. Front on housing and direct lot access is prohibited
regardless of the approved street section.
9.
Construct Genoard Avenue and Deer HilI Drive as alternative street sections that
include two 16-£00t travel lanes, 2-foot concrete ribbons, 8-foot drainage swales,
4-£00t detached concrete sidewalks, and 2-£00t utility easements (if the criteria for
the alternative street section can be met) within a total of 64-feet of right-of-way
or construct Genoard Avenue and Deer Hill Drive as a standard residential street
that includes a 36-foot street section with rolled curb, gutter, and 5-foot concrete
sidewalk within 50-feet of right-of-way.
10.
Construct South Montague Way (from Amity Road to East Santo Stefano Drive)
as one half of a 36-£00t street section with vertical curb, gutter and sidewalk
located on one side ofthe roadway and a 3-foot gravel shoulder and an adequately
sized barrow ditch on the unimproved portion of the roadway. Create a centerline
within the roadway to sheet storm drainage appropriately. Front on housing and
direct lot access is prohibited.
11.
Construct a portion of East Taormina Drive (abutting the 3.0-acre out parcel) as
one half of a 36-foot street section with rolled curb, gutter and sidewalk located
on one side of the roadway and a 3-foot gravel shoulder and an adequately sized
barrow ditch on the unimproved portion of the roadway. Create a centerline
within the roadway to sheet storm drainage appropriately.
12.
Construct the remainder of the internal streets as alternative street sections that
include two 16-foot travel lanes with 2-foot concrete ribbons and 8-foot drainage
swales on. both sides of the roadway within 52-feet of right-of-way. Construct a
4-foot wide concrete sidewalk that is located outside of the right-of-way within an
easement. If it is detennined that this site does not meet the established criteria,
construct the intemallocal roadways as standard 36-[00t street sections with curb,
gutter, and 5-£00t concrete sidewalk within 50-feet of right-of-way.
13.
Extend East Deerhill Drive from the west property line approximately 210-feet
south of the north property line, as proposed.
Shift the proposed stub street (South Zisa Avenue) to the west to serve the 14.7-
acres site to the south. Construct the stub street in a location that is conducive to
the redevelopment of the 14.7-acre site to the south. Provide the District with a
road trust for one half of the cost of constructing a bridge over the Ten Mile
Creek. Install a sign at the terminus of the stub street that states, "this road will be
extended in the future."
Construct a stub street (South Messina Way) to the south property line located
approximately 399.feet west of the east property line, as proposed. Install a sign
at the tenninus of the stub street that states, "this road will be extended in the
future. "
Exhibit E -Messina Meadows
16.
17.
18.
19.
20.
21.
Construct South Montague Way as a "quasi-stub street" abutting the property line,
as proposed.
Construct a stub street (South Burro Avenue) to the south property line that is
located approximately 900-feet west of Eagle Road, as proposed. Install a sign at
the tenninus of the stub street that states, "this road wil1 be extended in the
future. "
Extend a stub street (South Burro Avenue) from the north property line into the
site approximately 86S-feet west of Eag1e Road, as proposed.
Extend a stub street (South Montague Avenue) from the north property line into
the site approximately 1,440-fect west of Eagle Road, as proposed.
Extend a stub street (South DaVinci Way) from the north property line into the
site approximately 760-feet east of the west property line, as proposed.
Construct three roundabouts within the subdivision. Design the roundabouts with
2l-foot street sections on either side of the center island with splitter islands and
adequate sign age. Coordinate the size and design ofthe roundabout with traffic
services staff.
22.
Construct the islands located within the public right-of-way a minimum of 4-feet
wide with a minimum area of lOOøsquare feet and should maintain a 21-foot street
section on either side of the island. All proposed landscape islands/medians
within the public right-of-way dedicated by this plat shall be owned and
maintained by a homeowners association. A note of this will be required on the
final plat.
23.
Construct one cul.deøsac turnaround within the subdivision (South Genoard
Place), as proposed. Construct the turnaround to provide a minimum turning
radius of 45-feet.
24.
Construct Decameron Lane, Ragusa Lane and Burro Lane as private roadways (if
the City of Meridian approves them as private roadways). Pave the private
roadways a minimum of20-feet wide and at least 3D-feet into the site beyond the
edge ofthe public roadway and install pavement tapers with 15-foot curb radii
abutting the existing roadway edge. Provide a plan showing how the private road
grade meets the public road.
25.
Other than the access points that have specifically been approved with this
application, direct lot access to Eagle Road and Amity Road is prohibited. A note
will be required on the final plat stating these access restrictions.
26.
Comply with all Standard Conditions of Approval.
Exhibit E -Messina Meadows
9.
10.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances tmless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6.
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.
7.
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.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of~way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or fi1led) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
Exhibit E -Messina Meadows
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Exhibit E -Messina Meadows
4.
5.
EXHffiIT F
Messina Meadows Subdivision
CUP-O5-026
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT
1. The site plan prepared by Briggs Engineering, Inc, dated March 14, 2005, is
approved, with the conditions listed herein. Applicant shall meet all of the
requirements of the Annexation/Zoning (AZ-O5-017) and Preliminary Plat (PP-
05-019) as a condition of the Conditional Use Pennit (CUP-05-026).
2.
The project shall confonn to the R-8 dimensional standards, except as follows:
1. Minimum frontage: 40-feet (non cul-de-sac lots)(non common lots)
2. Minimwn lot dimensions: 3,600 sq ft.
3. Minimum Setbacks shall be:
Residential Buildin Setbacks.
Front (Livin Space) 15- feet
Front (Face of Gara e) 20-feet
Rear IS-feet
Rear, side entry gara e 5-feet
Interior Side* 5-feet
Street Side IS-feet
* No additional setback per story
Exemptions to residential Building Setbacks-
For Blocks 22 and 23 the following shall apply:
Setback from Parkway - 5-Feet
Setback from Private Street - 20-Feet
3.
Construction within Messina Meadows Subdivision shall substantially comply
with the elevations submitted by the applicant. Construction materials used on the
structures shall be approved by the City of Meridian Building Department and in
accordance with the most recent Unifonn Building Code.
The future home on Lot 6, Block 9 will be a single level, with a bonus room
allowance. All donners would face east and the windows would be designed for
first floor only on the west side and the garage will be constructed on the same
setback as the driveway (5' to north property line of Lot 6 Block 9).
The future homes on Lots 8 and 9 of Block 9 will have all donners face east and
the windows would be designed for first floor only on the west side.
Exhibit F ~ Messina Meadows
6.
A six foot solid vinyJ fence will be placed on the east, north, and west side of the
property in question and the north side will be designed with a berm if needed to
mitigate headlights
7.
Provide a minimum of one pressure irrigation stub from each side of the Stark's
property. which would be the north, east, and west property lines
8.
Provide a sewer and water stub to the property line from Messina Meadows to the
north property line of the Starks's property.
Exhibit F - Messina Meadows
...
EXHIBIT G
Messina Meadows Subdivision
AZ-O5.017
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning 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 zoning amendment. "
The following is the list of standards found in 11-15-11:
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;
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". The 3.58 dwelling
units per acre proposed with the preliminary plat are consistent with previous
Commission and Council actions and generally confonn to the goals, objectives,
and action items contained in the Comprehensive Plan for this area, In addition,
the applicant's cover letter (dated March 7, 2005) lists several Comprehensive
Plan policies, all of which support the annexation and proposed residential use of
the property.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable
to this application (staff analysis is in italics below policy):
After evaluating the original preliminary plat submittal and the Comprehensive
Plan policies regarding hazardous use (floodplain), multi-use pathway, and
preservation of natural features areas, staff discussed with the applicants agent
the portion of the site within the floodplain and along the Ridenbaugh Canal, the
Eight-Mile Drain and Ten-Mile Drain designated for multi-use pathways. Staff
expressed concerns that the proposal needed to conform to the purpose statement
of the natural features goals and policies and staff can make the findings to
recommend approval based on the following:
Chapter V A.2 P30 - Hazardous Areas - The purpose of the floodplain District is
to guide development in the flood-prone areas of any watercourse that is
consistent with the requirements for the conveyance of flood flows and to
minimize the expense and inconveniences to the individual property owners and
Exhibit G - Messina Meadows
the general public through flooding. Uses pennitted in this district are generally
associated with open space, recreational, and agricultural land uses and do not
hinder the movement of floodwaters.
The applicant has submitted a letter from Paul Kunz (April 28, 2005)
indicating that the applicant has made the first indications of filing for a
Letter of Map Revision to the Federal Emergency Management Agency. The
letter indicates that if the farm access roads are removed within the
Bellingham Park proposal then the 1 OO-year floods would be contained within
the naturally graded banks of Ten-Mile Creek.
As reported soils types closest to the Ten Mile Creek are prone to flooding
with seasonal high groundwater levels at 5-10 feet below grade.
The submitted plan has seventy (70) lots proposed in the current floodplain
designation.
The applicant has reviewed a letter from John Anderson, of Nampa Meridian
Irrigation District addressing usage along major canal systems. Staff feels
the plat dated March 14, 2005 adequately addresses the location of the multi-
use pathways which provide a buffer from the creeks to residential lots and
will not hinder the movement of floodwaters.
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 1aid out in this plan are adopted.
The applicant has included multiuse pathways proposed in this development.
The Comprehensive Plan indicates in Figures VI -3 and VI-4 the locations of
pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile
Creek.
In response to the Nampa Meridian Irrigation District letter indicating the
need to have all pathways located away from the interchange of the Ten-Mile
Creek and the Ridenbaugh Canal, the applicant has proposed an alternate
route for the pathway. Staff supports the pathway system in these locations.
With the relocation of the pathways away from the canal systems the applicant
has also proposed a more intensive use closer to the irrigation interchange
than a pathway.
The following goals and policies support the request for additional open
space along natural resources:
Exhibit G - Messina Meadows
. "Preserve and conserve our waterways, wetlands, wildlife habitat, and
other natural resources."(Chapter V, Goal I. Objective AI)
. "Preserve open space for recreation conservation and aesthetics" (Chapter
V, Goal I, Objective A2)
. "Identify waterways, wetlands, and other natural resources for
preservation" (Chapter V, Goal I, Objective A, Action item 1)
. "Identify feasible interconnected greenbelt areas along waterways,
railroads, etc." (Chapter V, Goal I, Objective A, Action item 2)
. . "Develop and maintain greenbelts along waterways" (Chapter V, Goal I,
Objective A, Action item 4)
. "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial, and residential areas" (Chapter V, Goal I, Objective A, Action
item 11)
Staff also finds the following 2002 Comprehensive Plan text policies to be
applicable to this application (staff analysis is in italics below policy):
. "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant
is proposing to construct a 25-foot wide landscape berm with vegetation
along Eagle Road. Staff is supportive of these widths, as long as the entire
buffer lies outside the ultimate right-of-way, and the sidewalk is located
outside of the 25-/00t wide buffer (or increase buffer to 40-feet). See Site
Specific Condition #5 in the Preliminary Plat section below.
. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" from the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Objective A, #3)
This publication encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient. The proposal as
. "On-street bikeways should be incorporated on all future Collector streets."
(Chapter VI, Figure VI-5)
Figure VI-5 on page 57 of the Comprehensive Plan designates an on-street
bikeway mid-mile between Victory Road and Amity Road. The applicant is
proposing a 36-/00t street section for Wrightwood Way (collector). The
applicant has not proposed an onstreet bike path for Locust Grove road
between Victory and Amity but the addition of a lO-foot gravel shoulder for
jùture expansions should accommodate bike lanes.
Exhibit G - Messina Meadows
A portion of the site located south of the quarter section line is locatd in the "Low
Density Residential" Designation. In Chapter VII of the Comprehensive Plan,
'Low density' is derIDed as areas including single-family homes at densities of
three dwelling units or less per acre. The applicant is requesting that all the
subject site be zoned R-8 (Medium Density Residential) and has made a request
for a 'step up' in density. The R~8 district allows for a maximum of eight (8)
dwelling units per acre (MCCIl-7-2.C). The applicant's requested design
provides for larger lots consistent with a lower density transitional area. The
comprehensive plan states on Page 104, Objective D- Plan for appropriate uses
within rural areas: "Require new urban density subdivisions which abut or are
proximal to existing low density residential land uses to provide landscaped
screening or transitional densities with larger, more comparable lot sizes to
buffer the interface between urban level densities and rural residential densities. "
There is One approximately 3 acre lot located immediately south of the property
classified as Low density residential. The applicant has calculated a residential
density of 3.37 dwelling units to the acre for the overall low density designated
area, however the lots suITounding the southern property are significantly larger
and designed in such a manner as to be least intrusive. Although it would be
possible to require an R.4 zoning designation staff sees the value in allowing one
zoning designation on the entire subdivision. Staff supports the step up in
density for this project.
Staff recommends that the Commission and Council rely on staff's analysis,
public testimony received and any comments submitted from any other agencies
or departments regarding whether the proposed zone and subsequent development
is harmonious with and in accordance with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use permit proposing single~family
lots on the subject site (PP-O5~OI9 & CUP-OS-O26). Staff does not anticipate that
the applicant plans to rezone the subject property in the future if the
accompanying CuPlPD and PP applications are approved.
c.
Is the area included in the zoning amendment Intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
The existing proposal is consistent with the Comprehensive Plan. Staff does not
anticipate commercial or other uses are planned for the site.
Exhibit G - Messina Meadows
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that a substantial portion of the land to the north has been developed
(or approved for development) in a manner similar to the proposed subdivision,
with single-family dwelling units. The Tuscany Lakes Development (Tuscany
Lakes, Messina Hills, Messina Village) to the north was approved with a gross
density of 2.34 dwelling units per acre and a school site. Tuscany Lakes
Subdivision is an R-4 subdivision with the lot range from 10,000 sq feet to 30,000
square feet. Neighboring Ada County Developments are in the 1 acre to 5 acre
size range. This development is proposing significantly smaller lots, but within
the acceptable limits for a medium density development bordering a low density
residential area. '
There have been no recent street improvements in the area. Further, Eagle Road
(south of Victory Road) is not currently scheduled within ACHD's Five Year
Work Program or Capital Improvements Plan (CIP) for roadway widening.
This entire development is not currently serviceable by the City of Meridian's
sanitary sewer system. Phase 1 shall be served by a connection in Messina
ViIIage Subdivision #2, while sewer service for the western and southern phases
of the development will be via the future main located along Ten-Mile Creek,
through Tuscany Subdivision and piped under the Ridenbaugh CanaL If this
development is approved, it shall be subject to extending the sewer system. Other
urban services, such as water, are near to this site and the applicant should be able
to extend such services to the site in cooperation with Meridian Public Works.
Staff finds that the subject site is more dense than surrounding proposals and
provides a housing type which has not been utilized in the immediate vicinity
(Blocks 22-23). The overall proposal is consistent for development in a fashion
similar to other properties in the area.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted several front elevations for the proposed single-
family homes. If the homes are constructed in substantial compliance with the
submitted elevations, they will be similar in design to other residences in the area.
The existing character of the area will, and is, currently changing. However, this
is one of the first developments to apply for residential uses south of the
Ridenbaugh canal. This development will set the tone for how the rest of this area,
particularly the south, develops or does not develop.
Exhibit G - Messina Meadows
The DroDosed homes must be desi£med. constructeq, and maintained in sÜmificant
compliance to the recommendations as listed by the Geotechnical experts report.
The houses must be designed in a fashion as to not allow anY groundwater to
enter the crawlsDaces, otherwise the housing prodJ!Çts should be constructed
without crawlsDaces.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Due to other existing and proposed uses near the site, staff does not anticipate that
the proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area.
The floodplain must be engineered as to not hinder any floodwaters leaving the
site. If a flood event occurs and buildings impact the flow of water downstream
then the use may become hazardous to the neighboring properties-
Staff recommends that the Commission and Council rely on staff analysis,
comments from other agencies, and public testimony to deteIDÚne whether the
proposed use will be disturbing or hazardous to the existing neighboring uses and
future expected uses in this vicinity.
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, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
This entire development is not currently serviceable by the City of Meridian's
sanitary sewer system. Phase 1 shall be served by a connection in Messina
Village Subdivision #2, while sewer service for the western and southern phases
oftbe development will be via the future main located along Ten-Mile Creek,
through Tuscany Subdivision and piped under the Ridenbaugh Canal. If this
development is approved, it shall be subject to extending the sewer system. Other
urban services, such as water, are near to this site and the applicant should be able
to extend such services to the site. Water to serve this development is existing or
currently under development with Tuscany Lakes Subdivision. The applicant shall
be responsible for the extension of utilities to and through 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 as well as construct on-site storm water drainage facilities.
Exhibit G - Messina Meadows
J.
Based on the comments received from other agencies/departments, staff finds that
the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any
written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
B.
WiJI not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. Staff finds there will not be excessive additional
requirements at public cost and this development will not be detrimental to the
economic welfare of the community.
I.
Will the proposed uses not involve uses, activities~ processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production. of
traffic~ noise, smoke~ fumes, glare or odors;
Staff recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Staff does not
anticipate that annexation and development in accordance with cun-ent city code
and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or
odors.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non-combustible materials as to not interfere with regular
maintenance of ditches and waterways by Nampa Meridian Irrigation District.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
from Eagle Road and a public street connection to the site from Amity Road and a
stub street at the Vi section line as outlined by the comprehensive plan. The
proposed public street entrances to Eagle and Amity Roads have been proposed to
ACHD. If all vehicular approaches (streets) are approved and constructed in
accordance with ACHD policies, staff does not believe that the subdivision will
create interference with traffic on the surrounding public streets. Please review
any comments from ACHD for this project for additional information regarding
this finding.
Exhibit G - Messina Meadows
L.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The comprehensive plan defines the Ten-Mile Creek and Eight Mile Creek as a
natural features of importance, as described in the Annexation and Zoning
Analysis A. The applicant should make all attempts at preservation of this natural
feature. There are many game species in the vicinity which utilize the drainage
systems for habitat.
Any existing trees larger than 4" caliper that are removed should be mitigated for,
per the Landscape Ordinance.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed
development may result in the destruction, loss or damage of a natural or scenic
feature( s) of importance of which staff is unaware.
Is the proposed zoning amendment in tbe best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, staff finds that the
annexation/zoning of this property, as proposed by the applicant, would be in the
best interest of the City.
Exhibit G - Messina Meadows
EXHIBIT H
Messina Meadows Subdivision PP-05-019
Preliminary Plat Findings
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance ofa
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning Analysis "A" above.
B.
The availability of public services to accommodate the proposed
development;
Please see Annexation and Zoning Analysis "G" above.
c.
The continuity of the proposed development with the capital improvement
program;
Because the developer will be required to install sewer, water, and utilities for the
development at their cost, staff finds that a development on this property will not
require the expenditure of capital improvement funds.
D.
The public financial capability of supportin¡: services for the proposed
development;
The development will not require major expenditures for providing supporting
services. Staff recommends the Commission and Council rely upon comments
submitted from the public service providers (Le. police, fire, ACHD, etc.) to
determine this finding. (See finding "G" under Annexation and Zoning Analysis
above, and the Agency Comments and Conditions at the end of this report for
more detail.)
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
Staff finds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Councilor
Commission's attention; other than the floodway and potential groundwater/soils
issues previously discussed, no hazardous natural features have been identified on
the site. ACHD considers road safety issues in their analysis. Staff finds the
Commission and Council should rely on any public testimony that may be
presented to detennine whether the proposed use may cause health, safety or
environmental problems of which staff are aware.
c.
D.
EXHIBIT I
Messina Meadows Subdivision
CUP-O5-026
CUP/PD Findings
The Commission and Council shall review the particular facts and circwnstances of each
proposed conditional use in terms ofthe following and may approve a conditional use
permit if they shaH find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement and lot size requirement and standard
setbacks, as required by Meridian City Code. See Special Consideration #1 below
for detailed analysis.
Staff finds that the subject property is large enough to accommodate the requested
use and all other required features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Planned Development, to modify specific development standards.
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Staff finds that the proposed single-family residential subdivision, with a gross
density of3.58 dwelling units per acre, is generally harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the site to be "Medium Density Residential" and "Low Density
Residential" (provided the Commission and Council grant the requested planned
development). Please see Annexation & Zoning Analysis "A" above.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zoning Analysis "E" above.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Exhibit I - Messina Meadows
H.
I.
Staff recommends that the Commission and Council rely upon public testimony,
staff's analysis. and other agency comments when detennining 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 "H" above, the Other
Agency/Department 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.
G.
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Analysis "I" above.
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 Commission and
Council should review any CO11ID1ents received from the ACHD provide for this
project when detennining 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 Annexation & Zoning Analysis "K" above.
SPECIAL CONSIDERA TION~ONDITIONAL USE PERMIT
1. Reduced Standards: As stated earlier, the applicant is requesting modifications
from standard ordinance requirements for street frontage and lot size.
Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary
plat has lots below the 6,500 square-foot minimum size. Therefore, a modification
Exhibit I - Messina Meadows
to the standard Rw8 lot size of 6,500 square-feet is applicable. The proposed lot
sizes range ITom 3,600 square-feet to 30,713 square-feet.
Lot Fronta2:e: The minimum requested street frontage is 40-feet. There are lots
that have between 40-feet and 168-feet of frontage (65-feet is the minimum for
the R-8 zone). The Lots located in Blocks 22 and 23 along the private streets and
the lots to be accessed through Common Drives also require relief from the
minimum street frontage. Staff is supportive of reducing the frontage for some of
the lots as it provides lot diversity.
Setbacks; The minimum requested setbacks as defined by the submittal of
3/14/05 is detailed above. Staff recommends that all street setbacks comply with
these requests (See Site Specific Conditions-Preliminary Plat). Side yard
setbacks shall be five (5) feet and rear yard setbacks shall be 15 feet. Staff would
recommend even greater setbacks for lots along canals and waterways to help
mitigate any NMID issues.
2.
Amenities: MCC 12w6w2.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: a 8.5-acre public park, an extensive open space lot system
for multi-use pathways and a common lot with a clubhouse and a pool. The
proposed open space makes up greater than 10% of the site, 5% minimum is
required and it takes 10% to count open space as an amenity. However, on site
parking for the public park has not been addressed by the applicant. On-street
parking will be limited adjacent to the 8.5 acre park along the collector roadways.
The applicant is proposing parking for the clubhouse located on Lot 3, Block 1 to
be located off of Tusa Street. As proposed, staff believes the proposed park and
open space areas provide sufficient amenities relative to the size of the proposed
development. Landscaped open space means land exclusive of street rights-of-
way and street buffers, except for right-ofaway specifically dedicated for
landscaping within a subdivision. The applicant states that the total open space
areas account for 18.68 acres of which approximately 14-acres count toward open
space which meets the open space definition in the PD ordinance. No drainage
lots, required street buffers, or canal buffers have been included in this
calculation.
3. Elevations: The applicant has submitted several front elevation drawings for the
proposed dwelling units. Staff believes that the dwelling units will be compatible
with the adjoining uses, if the buildings are constructed as shown on the submitted
elevations. Construction within Messina Meadows Subdivision should
substantially comply with the elevations submitted by the applicant. Construction
materials used on the structures should be approved by the City of Meridian
Building Department and in accordance with the most recent Uniform Building
Code. See Site Specific Condition #4 below.
Exhibit I - Messina Meadl)ws