HomeMy WebLinkAboutQuenzer North Subdivision AZ
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04127106 02:02 PM
~~~.~~~E~:a~~~~~:~ OF 1111111111111111111111111111111111111
Meridian City 106064914
AMOUNT
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38
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DEVELOPMENT AGREEMENT
PARTIES:
1.
2.
3.
City of Meridian
Brighton Development roc, OwnerIÐeveloper
Vanessa M. Klaus, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 6'*"- day of ~/ ¿ ,2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY' , Brighton Development
roc, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 hereinafter
caned "OWNERIDEVELOPER", and Vanessa M. Klaus, whose address is 4055 N. Locust
Grove Road, Meridian, Idaho 83642, hereinafter caned "OWNER".
1.
RECITALS:
1.1
WHEREAS, "OWNERIDEVELOPER" and/or "OWNER" are the
sole owners, in law and/or equity, of certain tract of land 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, r.c. § 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of fe-zoning that the
"OwnerIÐeveloper" and/or "Owner" make a written commitment
concerning the use or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "OwnerIÐeveloper" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential, (Municipal Code of the City of Meridian); and
1.5
WHEREAS, "OwnerIÐeveloper" and/or "Owner" made
representations at the public hearings both before the Meridian
Planning & Zoning Commission and before the Meridian City
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 1 OF 12
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1.6
1.7
1.8
Council, as to how the subject "Property" will be developed and what
improvements will be made; and
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 28Ù1 day of February, 2006, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner/Developer" and/or
"Owner" to enter into a development agreement before the City
Council takes final action on annexation and zoning designation; and
1.9
"OWNERIDEVELOPER" and/or "OWNER" deem it to be in
their best interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into voluntarily and at
their urging and requests; and
1.10
WHEREAS, "City" requires the "Owner/Developer" and/or "Owner"
to enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for zoning
designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as fonows:
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 2 OF 12
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2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes ofthis Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
3.2
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdabo, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Brighton
Development mc., whose address is 12601 West Explorer Drive,
Suite 200, Boise, Idaho 83713, the party developing said "Property"
and shan include any subsequent owners and/or developer(s) of the
"Property" .
3.3
"OWNER": means and refers to Vanessa M. Klaus, whose address
is 4055 N. Locust Grove Road, Meridian, Idaho 83642, the party who
owns a portion of said "Property" and shall include any subsequent
owner(s) of the "Property".
3.4
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 (Medium Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses anowed 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 a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the R~8 zone, and the pertinent provisions of
DEVELOPMENT AGREEMENT (AZ 05~063) QUENZER NORTH SUBDIVISION
PAGE 3 OF 12
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the City of Meridian Comprehensive Plan are applicable to this AZ
05-063 application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated November 11,
2005, and shal1 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. No new buildings are approved for construction under
this conceptual CUPIPD application. All future buildings shall require approval of a detailed
CUP prior to submittal of any Certificate of Zoning Compliance application and/or building
permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1.
"Owner/Developer" and/or "Owner" shall develop the "Property" in
accordance with the following special conditions:
1.
That aU 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.
2.
That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
4.
That the applicant be responsible for all costs associated with the
sewer and water service extension.
5.
That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wens may be used for non-domestic purposes such as
landscape irrigation.
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 4 OF 12
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6.
That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unitìed
Development Code.
7.
That horses shall only be allowed on Lot 7, Block 31; and the
livestock shall cease to be housed on said lot upon vacancy of the
property by the current owner (Vanessa M. Klaus). The number of
horses shall not increase above the number housed on the property as
of March 1,2006.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" and/or "Owner" or "Owners/Developers" and/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 atìer the "City" has comp1ied 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" and/or "Owner" consents upon default to the reversal of
the zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and/or "Owner and if the
"Owner/Developer" and/or "Owner" fails to cure such failure within
six (6) months of such notice.
9. INSPECTION: "Owner/Developer" and/or "Owner" shall, immediately
upon completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
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10.
DEFAULT:
10.1
10.2
m the event "Owner/Developer" and/or "Owner", or
"Owner/Developer's" and/or "Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all of the
terms and conditions included in this Agreement in connection with
the "Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner/Developer" and/or
"Owner" of anyone or more of the covenants or conditions hereof
shan apply solely to the breach and breaches waived and shan 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/Developer's" and/or "Owner's" cost, and submit proof of such recording to
"Owner/Developer" and/or "Owner", 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 shan be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer" and/or "Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
13.1
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" and/or "Owner" shan 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
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 6 OF 12
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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.
13.2
m the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" and/or "Owner" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shan include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that instanation of the improvements,
which the "Owner/Developer" and/or "Owner" agree to provide, ifrequired by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" and/or
"Owner" agree that no Certificates of Occupancy wjJl be issued until all improvements are
completed, unless the "City" and "Owner/Developer" and/or "Owner" has entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" and/or
"Owner" 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.
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 fonows:
CITY:
OWNERIDEVELOPER:
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 7 OF 12
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c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Brighton Development roc.
12601 West Explorer Drive, Suite 200
Boise, ill 83713
OWNER:
Vanessa M. Klaus
4055 N. Locust Grove Road
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho A venue
Meridian, ill 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
provision hereof, and that the failure to timely perform any ofthe 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/Developer" and/or "Owner" ofthe "Property",
each subsequent owner and any other person acquiring an interest in the "Property". Nothing
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 8 OF 12
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner/Developer" and/or "Owner", to
execute appropriate and recordable evidence of termination of this Agreement if "City", in its
sole and reasonable discretion, had determined that "Owner/Developer" and/or "Owner" has
funy performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and/or
"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/Developer" and/or "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
Ordinance in connection with the annexation and zoning ofthe "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 9 OF ]2
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
BRIGHTON DEVELOPMENT. INc.
~
OWNER
J~~/LJ-.
Vanessa M. Klaus
CITY OF MERIDIAN
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BY: MAYOR TA Y de WEERD
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DEVELOPMENT AGREEMENT (AZ 05~063) QUENZER NORTH SUBDIVISION
PAGE 10 OF 12
STATE OF IDAHO, )
: ss
County of Ada, )
On this~ day of -A--(Í~ , 2006, before me, the undersigned, a
~ot~ Public in and for said Sta~e, personaJIy appeared David W. Turnbull, known or, . 'k
IdentIfied to me to be the ~ s ~ ~ " of M & H DevelopmBDt, V- I "Õ ~ Y'-..
~ ~~, acknowledged to me that he executed the same on behalf of said corporation.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official s~~~,m.Pfåy'~ year in this certificate first abov written.
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STATE OF IDAHO, )
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County of Ada,
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On this ~ay of N..(~, 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Vanessa M. Klaus, known or
identified to me to be the person who signed the instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have here to set my hand and affixed my
official seal the day and year in this certificate first a v written.
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DEVELBftM\!N't AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 11 OF 12
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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.
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DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION
PAGE 12 OF 12
, Legal Description
Exhlb"'\A'
Rouo, I<lalw 83704
(ZO8) 376..$000. Fu (l08) 376-:.:.56
Project No. 01-045-01
Date; November 10, 2005
QUENZER NORTH
REZONE DESCRIPTION
A parcel ofland being Parcel No. I, as shown on Record-or-Survey
Number 3774 of Ada County RecolÙll, which parcel i~ a portion of Lot 13 of Crest wood
Subdivision No. I, aU located in the SE 1/4 of the NE 1/4 or Section 31, T, 4 N., R J E., B.M..
Ada County, Idaho, more particularly described as follows;
Commencing althe section comer common to Sections 31 and 32 of said T. 4 N., R I E,
and Sections 5 and 6 ofT, 3 N" R I E., B.M.;
Thcnçe North 00.31'35" East, 2659.04 fecI on the s<:ction line Coatmon to said Sections
31 and 3210 the 1/4 section comer COl'llmon to said Sections 31 and 32;
Thence leaving said seclion linc, North 89ð46'20" West. 1317.76 fect on the east-west
mid-section line of said Section 31 to the center-east 1/16th sQCtioo corner of said Section 31,
said point being the REAL POINT OF BEClNNING;
lñencc leaving said mid-section line, North 00°35 '27" Ealit, 332.]6 feet (fomu:rlr
described ili; Nortli bOð~fl'S2" Ëäii) on The ñõrtti~soutJïï/1 ¡-rib scctíöiï1Uii: oftbe ÑË- ii4 or said
Section JI, said line also being the weslerly boWldary line ofCrcstwood Subdivision No. I, as
same is shown on the Plllt thereof recorded in Book 28 of Plats at Page 1757 of Ada County
Records. to the northwest comerofLoI13 of said Crcstwood Subdivisíon No. J;
Thence South 89ð46'20" East. 658.79 feet (fonnerly described as North 89ð40'O5" East)
on the lot line common to tots 12 alId 13 of said Crestwood Subdivision No. I to th,c northeast
comer of said Parcel No. I of Record-of-Survey NUClber ]774;
Thence South 00"34'31" West, 332.36 feel (fonnerly described ItS South 00.00'56" West)
on the pan:ellinc COlWDon to Parcel No.1 and Parcel No, 2 of aaid Record-or-Survey 10 the
lOuthcrly comer common to said Parcel No.1 and Parcel No.2, said point being on the east-west
mid-section line of said Section 31 ;
Thence Nonh 89°46'20" West, 658.88 feel on the ca.~I-west mid-seclion linc and th.'
southerly parccllinc of said Pl!lccJ No- I In Ihe renlpoint of nl.'ginning. Said parcel cOillains
5.0~ IICles nlCor,' or Jess,
v....., N" 10 k.....,. 0... rl",
PREPARlm BY:
r<n¡;:Îllcl'rinl,: :\(1/"111\\ l'~'. LtC
James R. Was.buro, PLS
I'.~. I ~(J
\E~n,b+\B'
t(,~\J~1 V ßU
MAR 0 3 2006
~'"ìty fMeridian
. ' lerk Office
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP)
approval of 12 building lots and 1 common/other lot on 5.47 acres, by Bdghton
Development.
Case No(s).: AZ-OS~O63 and PP-O5-063
For the City Council Hearing Date of: February 28, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 28,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 28,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 28,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 28,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6S03).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-063 I PP.O5-063 - PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of February
28, 2006 incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval ofthe application,
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § II-SA 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 November 11,2005 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the February 28,
2006 City Council hearing:
a. Modify the last bullet of the Development Agreement to read: "That horses shall
only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on
said lot l1pon either 1) vacancy of the property by the current owner (Vanessa M.
Klaus) or 2) the life span of the current horses on the property, whichever occurs
first. The number of horses shall not increase above the number housed on the
property as of February 28.2006.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 28, 2006 incoIporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1, Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and [mal plat or short plat. ill the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable mamer,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.O5-063 /PP-O5-063 - PAGE 2 of4
and confonns substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the tennination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat. combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
Notice afFinal Action and Right to Regulatory Takings Analysis
E.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within wlrich 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 § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of February 28,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSlONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O63 / PP-O5-063 - PAGE 3 of 4
VOTED ~ ()
VOTED 1~ Q -
VOTED~
VOTED ~£ ô .
By action of the City Council at íts regular meeting held on the ~CZS t~
rc~........ , 2006.
- \I
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
Tffi BREAKER
MAYOR TAMMY de WEERD
day of
VOTED --
ATTEST:
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V"" Publíc Works Department
B~ ~ity Attorney Dated: 3 - )f - Ou
Copy served upon:
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5.063 I PP-O5.063 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
STAFF REPORT
City Council Hearing
Hearing Date: 2/28/2006
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TO:
FROM:
SUBJECT:
Mayor, City Council
Josh Wilson, Associate City Planner
Quenzer North Subdivision
. AZ-05-063
Annexation and Zoning of 5.03 acres from RUT to R-8 zone
. PP-O5-063
Preliminary Plat of 12 single family building lots and 1 common lot on 5.47
acres in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Development, has applied for Annexation and Zoning (AZ) of 5"°3 acres from
RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 12 single
family residential lots and 1 common lot on 5.47 acres. The site is located north of Leigh Field Drive and
west ofN. Locust Grove. This site currently contains a rural residence, and a portion of the property has
been previously allllexed and platted as Lot 10, Block 13 of Quenzer Commons Subdivision No.9.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on January 19, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Jay Walker
ii. In opposition: Mike Sweet
Hi. Commenting: None.
iv. Staff presenting application: Josh Wilson
v. Other staff commenting on application: None;
b. Key Issues of Discussion by Commission:
i. Percentage of site dedicated to landscaped open space and removal of an open
space from a previous platted phase of Heritage CorrunOU$ Subdivision.
c. Key Commission Changes to Staff Recommendation:
i. Add a condition which states: Lot 6, Block 31 and Lot 16, Block 13 shall be
restricted to single story homes.
ii. Add a condition which states: Vinyl fencing shall be installed by the applicant on
the north and east boundaries of the subdivìsion.
iii. Amend the last bullet of the Development Agreement to state: That horses shall
olÙY be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on
said lot upon either 1) vacancy of the property by the current owner (Vanessa M.
Klaus) or 2) the life span of the current horses on the property, whichever occurs
f1T8t. No new horses shall be added to the property.
d. Outstanding Issue(s) for City Councll:
i. None.
3. PROPOSED MOTIONS
Recommend Approval (All Applications)
Quenzer North Subdivision AZ-O5-063, PP-O5-063
PAGE 1
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2&, 2006
I move to approve File Numbers AZ-05-063 and PP-OS-063 as presented in the staff report for the
hearing date of February 28,2006, and the preliminary plat dated November 11, 2005 with the following
modifications to the conditions of approval: (add any proposed modifications).
Recommend Denial (All Applications)
I move to deny File Numbers AZ-O5-063 and PP-O5-063 as presented in the staff report for the
hearing date of February 28, 2006, and the preliminary plat dated November II, 2005 for the following
reasons: (you must state specific reasons for denial).
Continue (All Applications)
I move to continue the public hearing for File Nwnbers AZ-05-063 and PP-05-063 to (date
certain).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
North of Leigh Field Drive, west ofN. Locust Grove Road
El/2, Section 31, T4NRIE
b, Owners:
1. Brighton Development
12601 W. Explorer Drive, Ste 200
Boise, Idaho 83713
2. VanessaM. Klaus
4055 N. Locust Grove Road
Meridian, ill 83642
c. Applicant:
Brighton Development
12601 W. Explorer Drive, Ste 200
Boise, Idaho 83713
d. Representative: Jason Davies, Engineering Northwest, LLC
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Mixed-Use Neighborhood (Neighborhood Center)
g. Description of Applicant's Request:
1. Date of Preliminary Plat (attached as Exhibit AI): November 11, 2005
2. Date of Landscape Plan (attached as Exhibit A2): December 1, 2005
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as detennined by City
Ordinance. By reason of the provisions of UDC 11-5B.6, a public hearing is required before
the City Council on this matter.
b. Newspaper notifications published on: January 2 and 16, 2006
c. Radius notices maíled to properties within 300 feet on: December 23, 2005
Quenzer North Subdivision AZ.O5-063, PP-O5-063
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
d. Applicant posted notice on site by: January 9, 2006
6. LAND USE
a. Existing Land Use(s): Vacant land, common landscape lot for Quenzer Commons Subdivision
No.9, and a rural residence
b. Description of Character of SurroWlding Area:
c. Adjacent Land Use and Zoning
1. North: Existing rural residence, zoned RUT (Ada County).
2. East: Existing rural residence, zoned RUT (Ada County).
3. South: Quenzer Commons Subdivision, zoned Rw8.
4. West: Cobre Basin Subdivision, zoned R-4.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in E. Leigh Held Drive.
Extension of mains in E. Leigh Field Drive.
None.
Issues or concerns:
2. Vegetation: Existing mature trees
3. Flood plain: NA
4. Canals/Ditches Inigation: No major facilities.
5. Hazards: None.
6. Proposed Zoning: Rw8
7. Size of Property: 5.74 acres
f. Subdivision Plat Infonnation
1. Residential Lots: 12
2. Non-residential Lots: 1
3. Total Building Lots:
4. Common Lots: 1
5. Other Lots: N/A
12
6. Total Lots: 13
7. Open Lots: 1
8. Residential Area: 5.74
9. Gross Density: 2.19 units per acre (2.41 net density)
g. Landscaping
1. Width of street buffer(s): None required. Street buffers are not required on any
internal, local streets.
Quenzer North Subdivision AZ.05.063, PP-OS-063
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: .12 acres/2.17%
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply
with UDC 11-38-12. Common open space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC 11-3G-3E2).
h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family
R-8 Standard
Front (Living area)
Front (Garage)
Side
15 feet
20 feet
Rear
4 feet
12 feet
35 feet
Max. Building Height
Min. Lot Size 5,000 square feet
Min. Street Frontage 50 feet
i. Sununary of Proposed Streets and/or Access (private, public, common drive, etc.); The access
to the development will be from Leigh Field Drive and the proposed extension to N. Quenzer
Way. Please see ACHD report for details.
7. COMMENTS MEETING
On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and reconunended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed-Use Neighborhood (Neighborhood Center)" on the Comprehensive
Plan Future Land Use Map. Mixed Use Neighborhood areas are anticipated to contain from three to eight
dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 12
single-family lots on 5.74 acres for a gross density of 2.19 dwelling units/acre (2.41 net). Stafffmds that
the large lot proposed to remain around the existing residence reduces the density significantly and the
development substantially complies with the intent of the density range for the designation. At such time
that Lot 7, Block 31 redevelops, the density of the development will fall with the three to eight units per
acre noted for Mixed Use Neighborhood areas of the Comprehensive Plan. Staff fl1lds that the following
Comprehensive Plan policies apply to this application:
.
Chapter VIT, Goal ill, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridiah City Fire
Quenzer North Subdivision AZ-O5.063, PP-OS-063
PAGE 4
CITy OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
.
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should sulfer no revenue loss as a
result of the subject annexation.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
.
Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
A six-foot tall closed fence has been proposed around a portion of the perimeter of the
development. and there is existing fencing on the remainder. Prior to house constroction, fencing
should be constructed around the perimeter of this site.
.
Chapter VII, Goal N, Objective C, Action 1 - Protect existing residential properties :trom
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the existing residential properties to
the south and we.vt are compatible with the proposed development.
.
Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-,
medium., and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiwns, etc.) for the purpose of providing the City with a range of affox-dable housing
opportunities.
The subject application includes a request for the R-8 zone. Staff finds that the requested zoning
designation contributes to the variety of residential zoning categories in this area and is
generally consistent with the Comprehensive Plan designation/or this site.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists multifamily developments as a
Conditional Use.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
10. ANALYSIS
Quenzer North Subdivision AZ-OS-O63, PP.O5.063
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATIO~ ANAL YSI5.i Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that tills is a good location for the proposed multifamily development. Please see Exhibit
D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on November 11, 2005
by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
That the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have [0 be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The aDDlicant shall contact the CitY Attorney. Bill Nary. at 888-4433 to initiate this
process within 18 months ofCitv Council approval of the annexation request. The DA shall
incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
. That all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That any existing domestic wells and/or septic systems within this proj ect will have to be
removed from their domestic setVice, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
. That prior to issuance of any building peffiÚt, the subject property be subdivided in
accordance with the City of Meridian Unified Development Code.
. That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be
housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M.
Klaus) or 2) the life span of the current horses on the property, whichever occurs fmt. The
number of horses shall not increase above the nwnber housed on the property as of February 28.
2006.
PRELIMINARY PLAT ANALYSIS; Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Quenzer North Subdivision AZ-OS-063, PP-OS-O63
PAGE 6
CL TV OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1. Livestock: The property cUlTently contains livestock (horses) that the applicant has
requested be allowed to remain on Lot 7, Block 31 which is the existing home. Staff
recommends that the horses should be allowed to stay until either vacation of the property
by the current owner or January 1, 2010, whichever occurs first. This stipulation shall be
made part of the Development Agreement.
2. Parkwavs and Landscaoed Ooen Soace: The applicant is proposing to set a:side .12 acres
(2.1 % of the property) for open :space. UDC 11-3G-3 requires that all subdivisions of 5
acres or more shall provide a minimum of 5% of the gross land area in landscaped open
space. The applicant is also proposing parkways which are five feet in width and are
proposed to contain Class II trees. UDC 11-3A-17 requires that parkways which contain
Class II trees be a minimum of eight feet in width without root barriers, or six feet in
width with root baniers which meet specific requirements. Any parkways of at least
eight feet in width which contain street trees may be counted toward the five percent
landscaped open space requirement (UDC 11-3G-5), provided that driveway cuts are
subtracted.
The area of the plat depicted as Lot 11, Block 13 and Lot 1, Block 31 was platted as a
common open space lot in Quenzer Commons Subdivision No.9, which lies immediately
to the south of the subject property. The applicant has received Alternative Compliance
approval from the Meridian Planning Department to place a portion of N. Quenzer Way
across the open space 10t. Staff has not, however, approved the conversion of the west
half of the common lot to a building lot, as shown on the submitted preliminary plat. The
Commission and Council should consider whether the elimination of the approved open
space lot from Quenzer Commons Subdivision No.9 is appropriate.
Staff recommends that the preliminary plat and landscape plan be modified to increase
the parkways to eight feet in width, and the applicant should provide the Planning
Department with revised open space calculations that reflect the included parkways. The
applicant should be prepared to demonstrate at the public hearing how the 5% minimum
landscaped requirement will be met.
3. No Parking;: N. North Quenzer Way is proposed as a 29 foot street section and parking
shall not be allowed on either side of the street. The street shall be signed as "No
Parking" per the Meridian Fire Department's comments.
4. Pressure IrrilZ8tion: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be
required to utilize any existing surface or well water for the primary source. If a surface
or well source is not available, a single-point connection to the culinary water system
shall be required. If a single-point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the City Engineer. An underground, pressurized inigation system should
be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28.
5. Fencine:: The applicant has submitted a detailed fencing plan (on the landscape plan
dated December 1,2005) with the preliminary plat application for the subdivision. Staff
Quenzer North Subdivision AZ-05-063, PP-O5-063
PAGE 7
CITY OF MERIDrAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
is supportive of the fencing proposed. All perimeter fencing must be completed prior to
issuance of building permits. All fences should taper down to 3 feet maximum within 20
feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A- 7.
6. Common Areas: Maintenance of all common areas shall be the responsibility of the
Quenzer North Home Owners' Association.
7. Ditches. Laterals. and Canals: Per UDC 11-3A.6 all irrigation ditches, laterals or canals.
exclusive of natural waterways and waterways being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered.
b. Staff Recommendation: Staff recommends approval of AZ-05-063 and PP-05-063 for
Quenzer North Subdivision as presented in the staff report for the hearing date of January 19,
2006 based 011 the Findings of Fact as listed in Exhibit D and subject to the conditions of approval
as listed in Exhibit B as attached to this repon. Staff has prepared [IDdings consistent with this
recommendation.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: November 15, 2005)
2. Landscape Plan (dated: November 11, 2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Quenzer North Subdivision AZ.OS.063, PP-O5-063
PAGE 8
CITY OF MERIDIAN PLANNING DEPAR'IMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
A Drawings
1. Preliminary Plat (dated: September 13,2005)
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CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
2. Landscape Plan (dated: September 9,2005)
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1.2
1.2.1
1.2.2
1.2.3
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1
ANNEXA nON COMMENTS
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The applicant shall contact the City Attornev. Bill Nary. at 888--4433 to initiate this
process within 18 months of City Council approval of the annexation reQuest. The DA shall
incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
. That all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
. That the applicant will be responsible for all costs associated with the Sewer and water service
extension.
. That any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic pwposes such as
landscape irrigation.
. That prior to issuance of any building permit, the subject property be subdivided in
accordance with the City of Meridian Unified Development Code.
. That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be
housed on said lot upon either 1) vacancy of the property by the cun-ent owner (Vanessa M.
Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The
nwnber of horses shall not increase above the number housed on the propertv as of February
28. 2006.
SITE SPECIFIC REQUJREMENTS-PRELIMINAR Y PLAT
The preliminary plat labeled as Sheet No. I prepared by Engineering Northwest, dated November
II, 2005, is approved, with the conditions listed herein. All commentslconditions of the
accompanying Annexation/Zoning (AZ-OS-O63) shall also be considered conditions of the
Preliminary Plat (PP-05-063).
Maintenance of all common areas shall be the responsibility of the Quenzer North Subdivision
Homeowners' Association.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incolporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under ODC 11.3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11- 3A -18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.3.2
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
1.2.4
Per UDC 11-3A~6 all irogation ditches, laterals or canals, exclusive of natural waterways, the
Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the
area being subdivided shall be covered.
GENERAL REQUIREMENTS-PRELIMlNARY PLAT
1.3
1.3.1
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
The City of Meridian requires that pressurized irrigation systelIl.5 be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well SOurce is not available, a single.point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the connnon areas prior to
signature on the final plat by the City Engineer. An Wlderground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9.1-28.
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.
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right~of-way. All fencing should be
installed in accordance with UDC ll-3A- 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.
All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A-6, unless othelWise approved by Nampa 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, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
Staff's failure to cite specific ordinance provisions or tenus of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B. 7 .
2. PUBLIC WORKS DEPARTMENT
2.1
2.2
Exhibit B
Sanitary sewer service to this development is being proposed via extension of mains located in E.
Leigh Field Drive. The applicant shall install an mains necessary to provide service; applicant
shan coordinate main size and routing with the Public Works Department, and execute standard
fOImS of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover nom top of pipe to sub-grade is less than three feet than
alternate materials shall be used in confonnance of City of Meridian Public Works Departments
Standard Specifications.
Water service to this site is being proposed via extension of mains in E. Leigh Field Drive. The
applicant shall be responsible to install water mains to and through tills development, coordinate
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
Exhibit B
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
2.3
main size and routing with Public Works.
The applicant shall be responsible for payment of assessments and the actual physical hook~up for
the existing house to municipal services.
The applicant has not indicated who will own and operate the pressure iITigation system in tms
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"[mal draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC ll-3B-6). The applicant should be requited to use 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 cO1Ulection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
All existing structures shall be removed prior to signature on the final plat by the City Engineer.
Revise note 2, to dedicate an easement for public utilities as well as for drainage and irrigation.
Also graphically depict on the face of the fmal plat where these easements will dedicated.
Any existing domestic wells and/or septic systems within this project shall be removed ftom
domestic service per City Ordinance Section 9-1-4 and 9.4-8. Wells may be used for non.
domestic pUIposes such as landscape inigation,
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, presswized irrigation. sanitary sewer, water, etc., prior to
signature on the final plat.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
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 fmal plat
per Resolution 02-374.
It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office,
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
The engineer shall be required to.certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
One hundred watt, high-pressure sodiwn streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
1. One and two family dwellings will require a fIfe-flow of 1,000 gallons per minute available for
duration of2 hoW's to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. mternational Fire Code Appendix C.
2.18
2.19
2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
qualíty by the Meridian Watee 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 Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade. ,
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the proj ect.
4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
5. All common driveways shall be straight or have a turning radius 0[28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
swface are required before combustible construction is brought on site.
8. Building setbacks shall be per the International Building Code for one and two story construction.
9. The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be:: based on the face of curb dimension. The roadway shall be
able to accommodate an imposed load of 75,000 GVW.
10. 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 fITe and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
11. The applicant shall work with Planning Department staff to provide an address identification plan
and a sign wmch meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
12. Provide exterior egress lighting as required by the International Building & Fire Codes.
4. POLICE DEPARTMENT
1. The Police Department has no concerns related to the site design submitted with the application.
S. PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11- 3B-l 0) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-I0) will be followed.
6. SANITARY SERVICE COMPANY
1. Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they
intersect a public street.
7. ADA COUNTY HTGHW A Y DISTRICT
Site Specific Conditions of Approval
1.
Construct a 5-foot attached (or detached) concrete sidewalk on the north side of Leigh Field
Drive abutting the site. Dedicate adequate right-of-way for the sidewalk OR Provide the District
with an easement for the sidewalk.
2.
Construct North Quenzer Way to intersect East Leigh Field Drive approximately 115-feet east of
the west property line and in alignment with North Quenzer Way, as proposed.
3.
Construct the internal street as a 29~foot street section with curb, gutter and a 4-foot detached
concrete sidewalk that is separated from the curb by 5-feet. Obtain fIre departmental approval for
the reduced street section.
""""'lfthe applicant wishes to place trees within the landscape strip,
. Provide a minimum planter width of 6-feet for class II tress with the
installation of root barriers on both sides of the planter strip or
. Provide a minimum planter width of 8-feet without the installation of a
root banier or
. Provide a minimum of a lO-foot wide planter for Class I and Class III
trees.
4.
Extend North Quenzer Way to the north property line as a stub street approximately 155-feet west
of the east property line, as proposed. Provide a temporary turnaround at the terminus of the
roadway- Install a sign at the terminus of the roadway stating, "This road will be extended in the
future. "
5.
Utilize the existing 25-foot wide driveway that intersects Leigh Field Drive approximately 230-
feet west of the east property line, as proposed. Pave the driveway its full width and a minimum
of 30-feet into the site beyond the edge of pavement of Leigh Field Drive.
6.
Place a note on the final plat stating that Lot 11 of Block 13 will be required to take access to
North Quenzer Way as opposed to Leigh Field Drive.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
7.
Comply with all Standard Conditions of Approval.
Standard ConditiQns Qf Approval
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Exhibit B
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited ftom being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
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.
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 unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pencit
(or other required pennits), which incorporates any required design changes.
Construction, use and property development shan be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to AClID 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 ACIID conduits (spare Or filled) are compronùsed 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 District. The burden shall be upon the applicant to
obtain written confinnation of any change from the Ada County Highway District.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
13.
Any change by the applicant in the planned use of the property which is the subject of tills
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
CITY Of MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
C. Legal Description
Engi1leerillg NorthWest, LLC
4H N, Ancçswr PI,I~c. Suite IRQ ß"Ú, I,Jall<! 8370~
(201\/37(;-)0(10. fax (::'03) 31"6-5556
Projc;çt No, OI-(J45~Ol
Dale: Noycmber 10, 2005
QUENZER NORTH
REZONE DESCRIPTION
A parcel of land being Parcel No, I, !IS shown on Record-of~SutYcy
Number 3774 of Ada County Records, which parcel is a. portion of Lol 13 ofCrestwood
Subdivision No. I, all located in Ihe: SE 1/4 ofthc NE 1/4 of Section 31, T, 4 N., R J E., 8.M.,
Ada County, Idaho, more panicularly described a.~ follows:
Commencing at the section comer common to Sections 31 and 32 of saìd T. 4 N., R. I E,
and Sections 5 and 6 ofT. .3 N., R. I E., B.M.;
Thence North 00°31 '35" East, 2659.04 feet on the section lin.e common to said Sections
31 and 32 to the 1/4 section comer common to said Sections 31 and 32;
'Thence 1eavrng said section line, North 89"46'20" West, 13 17.76 feet au ilie east-west
mid-seclíon line ofsaid Section 31 to the center-east 1/16 fh section comer ofsaid Section 31,
said point being the REAL POINT OF BEGINNING;
Thence leaving said mid-section line, N(lrth 00"35'27" East. 332.36 feet (fonnerly
deScribed' às North OQàót'S2"t:ast) on the llõrtfi~~oütfi'ï/ 6 tbisëcÙol1 line ofihe NE 'ijio{said
Section 31, said Jine also being the westerly boundary line. ofCrestwood Subdivision No. I, as
same is shown on the Plat thereofrccorded in Book 28 of Plats at Page 1757 of Ada County
Records, 10 the northwest comer of Lot 13 of said Crestwood Subdi vision No. J;
Thence South 89"46'20" East, 658,79 feet (formerly described as Nonh 89"40'05" East)
on the 101 line common to Lots 12 and 13 of said Cre5tWood Subdivision No. J to the northeast
comer of said Parcel No. I ofRecord-of~Survey Number 3774;
Thence South 00"34'31" West, 332.36 feet (formerly described as Soulh 00"00'56" West)
on the parccllìne common to Parcel No, 1 and Parcel No.2 of said Record-or-Survey to the
southerly comer common to said Parcel No. I and Parcel No- 2, said point being on the east.west
mid-section line of said Section 31;
Ibenee North 89~46120" WeIll, 65&-88 feet on th(' cast-west lJJid-~cction hilt: and the
southerly parcd line ofsaj.j Parcel No, ¡lo the rcHl point of hcginning. Said parcel colllai[1!-1
5.0:1 :1cr('~ nH)r~ or Ic~s,
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PRt:PARtm BY:
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 28,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the apptication. In order to grant an annexation
and/or rezone, the Council shall make the following fiDdings:
1. The map amendment complies with the applicable provisions of the comprehensive
planj
The applicant is proposing to zone all of the subject property to R-8. City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council fmds that single family detached residential uses are allowed within the
requested zoning district of R-8 as a Principally Pennitted Use. The accompanying plat
demonstrates the land will be developed with lot sizes, housing types and other
dimensional requirements that conform to the proposed zoning designation.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
The map amendment shall not result in an advent impact upon the delìvery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
City Council fmds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
3.
4.
s.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. Staff finds that all essential services are available or will
be provided by the developer to the subject property and will not require unreasonable
expenditure of public funds. The applicant is proposing to develop the land in general
compliance with the City's Comprehensive Plan. This is a logical expansion of the City
limits. In accordance with the [IDdingS listed above, City Council finds that Annexation
and Zoninll ofthis urouertv to R.8 would be in the best interest ofthe City.
2. Preliminary Plat Findings:
Exhibit D
In consideration of a pretiminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1.
The plat is in conformance with the Comprehensive Plan;
City Council fmds that the proposed application is in substantial compliance with the
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
Exhibit D
adopted Comprehensive Plan. City Council generally supports the proposed plat layout
and proposed density as they comply with the provisions of the Comprehensive Plan.
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2-
Public services are available or can be made available and are adequate to
accommodate the proposed development;
3.
City Council fUlds that public services are available to acconunodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more
details.)
The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
4.
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff fmds that the subdivision will not require the expenditure of capital
improvement funds.
There is public financial capability of supporting services for the proposed
development;
4.
See finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.
The development will not be detrimental to the public health, safety or general
welfare; and
s.
City Council is not aware of any health, safety or environmental problems associated.
with the development of this subdivision that should be brought to the Councilor
Commission's attention. ACHD considers road safety issues in their analysis.
The development preserves significant natural, scenic or historic features.
City Council is unaware of any natW'al, scenic or historic features on this site. Therefore,
staff fInds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance.