HomeMy WebLinkAboutBear Creek West Subdivision AZ 05-064
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/21/06 01:46 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT .00
55
11111111111111111111111111111 "111111
106151232
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
4.
5.
City of Meridian
Tuscany Development, Developer
Tuscany Development, Owner
Kenai Partners, LLC, Owner
R Craig and Rebecca Groves Foundation, Owner
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 ~daho, hereafter called "CITY", Tuscany Development,
whose address is PO Box 344, Meridian, ill 83642, hereinafter called "DEVELOPER", and
Tuscany Development, whose address is PO Box 344, Meridian, ill 83642; Kenai Partners,
LLC whose address is 6233 N. Discovery Way, Boise, ill 83713; R. Craig and Rebecca
Groves Foundation, whose address is 6233 N. Discovery Way, Boise, ill 83713, hereinafter
called "OWNERS".
1.
RECITALS:
1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after referred
to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
"Developer" and/or "Owners" make a written commitment concerning
the use or development ofthe subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Unified Development Code 11-5B-3 .02, which authorizes
development agreements upon the annexation and/or re-zoning ofland;
and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (R -8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owners" made representations at the
public hearings both before the Meridian Planning & Zoning
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 1 OF 13
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
1.6 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 planningjurisdiction, and received
further testimony and comment; and
1.7 WHEREAS, City Council, the 25th day of April, 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
1.8 WHEREAS, the Findings require the "Developer" and/or "Owners" to
enter into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNERS" 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 "Developer" and/or "Owners" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received by
the "City" in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure re-zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 2 OF 13
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 of this 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 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Tuscany Development, whose
address is PO Box 344, Meridian, Idaho 83642, the party developing
said "Property" and shall include any subsequent developer(s) of the
"Property" .
3.3 "OWNERS": means and refers to Tuscany Development, whose
address is PO Box 344, Meridian, ID 83642; Kenai Partners, LLC
whose address is 6233 N. Discovery Way, Boise, ill 83713; Richard C.
and Rebecca Groves, whose address is 6233 N. Discovery Way, Boise,
ID 83713,the parties that owns 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 District) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Unified Development Code 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 the City
of Meridian Comprehensive Plan are applicable to this AZ 05-064
application.
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 3 OF 13
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Developer" and/or "Owners" shall develop the "Property" in accordance with
the following special conditions:
5.1.1. 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.
5.1.2. 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.
5.1.3. That the applicant be responsible for all costs associated with the sewer
and water service extension.
5.1.4. 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 purposes such as
landscape irrigation.
5.1.5. That prior to the issuance of any building permit, the subj ect property
be subdivided in accordance with the City of Meridian Unified
Development Code.
5.1.6 That five-foot wide sidewalks and street buffers constructed in
accordance with City Code, be installed along S. Stoddard Road and W.
Kodiak Drive with each phase, prior to occupancy of any new dwelling
units for said phase.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe "Developer" and/or "Owners" or "Developers'" and/or "Owners'" heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 4 OF 13
Subject Property" ofthis 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.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" and/or "Owners" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Developer" and/or "Owners and if the "Developer"
and/or "Owners" fails to cure such failure within six (6) months of such
notice.
8. INSPECTION: "Developer" and/or "Owners" 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.
9.
DEFAULT:
9.1 In the event "Developer" and/or "Owners", or "Developer's" and/or
"Owners ", 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.
9.2 A waiver by "City" of any default by "Developer" and/or "Owners"
of anyone or more ofthe 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owners'" cost, and submit proof of such recording to "Developer"
and/or "Owners", prior to the third reading of the Meridian Zoning Ordinance in connection
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 5 OF 13
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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owners", or by any successor or
successors in title or by the assigns ofthe 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.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owners" 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "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 performance shall be extended by the amount oftime of
such delay.
13. 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 "Developer" and/or "Owner" agree to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 6 OF 13
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owners"
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" and/or "Owners" 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or
"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.
16. 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 83642
OWNERS:
Tuscany Development
PO Box 344
Meridian, ill 83642
Kenai Partners, LLC
6223 N. Discovery Way
Boise, ID 83713
R. Craig and Rebecca Groves Foundation
6223 N. Discovery Way
Boise,ID 83713
with copy to:
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 7 OF 13
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17. 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.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. 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 "Developer" and/or "Owners" 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 "Developer" and/or "Owners", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owners" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent j urisdiction, 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.
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 8 OF 13
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owners" 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
"Developer" and/or "Owners" 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".
21.1 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
TUSCANY DEVELOPMENT
OWNERS:
TUSCANY DEVELOPMENT
~~
: t/ .
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 9 OF 13
KENAI PARTNERS, LLC
~~..
R. CRAIG & REBECCA GROVES FOUNDATION
~
BY:~~~ ~~
CITY OF MERIDIAN
BY: ~~~~
MAYOR T" de WEERD
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DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 10 OF 13
STATE OF IDAHO, )
: ss
County of Ada, )
On this J!L day of A lA5 LLs +- ,2006, before me, the undersigned, a
N}\tary ~lic in and for said State, personally appeared
b(-~ ~ ....) c ~ Y\SOY"\ , known or identified to me to be the
w s.;c\@....... \-- of Tuscany Development, acknowledged to me that
he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO, )
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County of Ada, )
On this ~ day of A l.lj It-S f ,2006, before me, the undersigned, a
1;{Qtary Public in and for said State, personally appeared
1i:1"ej :I 0 ~ T\ ~Orr... , known or identified to me to be the
Yrl''s'; lie.J- of Tuscany Development, acknowledged to me that
he executed the same on behalf of said corporation.
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 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 11 OF 13
STATE OF IDAHO, )
ss
County of Ada, )
On this 1<.;' day of ~, 2006, before me, the
un>lersigned, a Notary Public in and for said State, personally appeared
~Y'f ~ -:Jo \,-yo...s, 0-.-.. , known or identified to me to be the
YY\Ot 'f'\ 6.. R \ ,.,..~ "fY'\ f' n.. ha.,- of Kenai Partners, LLC, acknowledged to me that he
executed tne sa'lbe on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO, )
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Residing at: . - --L:D
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County of Ada, ) )
On this ~ day of , 2006, before me, the
undersigned, a Notary Public in and for said State, rsonally appeared Sandra 1. Berenter,
known or identified to me to be the Trustee ofR. Craig and Rebecca Groves Foundation,
acknowledged to me that he executed the same on behalf of said foundation.
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)
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DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 12 OF 13
STATE OF IDAHO )
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County of Ada )
On this 5....... day of Sep\l""rY"\~ yo- , 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, ofthe 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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Residing at: fu in. l L t l LJ D
Commission expires: 10-11-11
DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDIVISION
PAGE 13 OF 13
IDAHO
SURVEY
GROUP
1450 EastWatertower St.
Suite 150
Meridian. Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-268
July 6, 2006
DESCRIPTION FOR
ANNEXATION
BEAR CREEK WEST SUBDIVISION
A parcel ofland located in the W 1/2 of Section 24, T.3N., R.1W., B.M., Ada
County, Idaho more particularly described as follows:
Commencing at an aluminum cap monument marking the C 1/4 corner of said
Section 24 from which a 5/8" iron pin marking the N 1/4 comer of said Section 24 bears
North 00051 '53" East, 2634.95 feet;
thence along the North-South centerline of said Section 24 South 00051 '53"
West, 170.09 feet to a 5/8" iron pin marking the REAL POINT OF BEGINNING;
thence continuing along said North-South centerline South 00051 '53" West,
827.30 feet to a 5/8" iron pin;
thence leaving said North-South centerline North 89024'36" West, 661.27 feet to
a 5/8" iron pin on the East boundary line of the W 1/2 of the NE 1/4 of the SW 1/4 of said
Section 24;
thence along said East boundary line South 00049'26" West, 331.46 feet to a 5/8"
iron pin on the South boundary line of the W 1/2 of the NE 1/4 of the SW 1/4 of said
Section 24;
thence along said South boundary line North 89021 '42" West, 518.26 feet to a
point on the northerly boundary line of Eggers Subdivision as filed in Book 29 of Plats at
Page 1804, records of Ada County, Idaho, said point also being on the centerline of the
Ridenbaugh Canal and on a curve to the left;
thence along said northerly boundary line and said centerline the following 14
courses:
along said curve 295.77 feet, said curve having a radius of250.00 feet, a central
angle of 67047'06" and a long chord of278.82 feet which bears North 29054'34" West to
a point of compound curve;
thence along said compound curve 287.11 feet, said curve having a radius of
700.00 feet, a central angle of 23030'00" and a long chord of285.1O feet which bears
North 75033'07" West to the point of tangency;
thence North 87018'07" West, 76.22 feet to the beginning of a curve to the right;
Professional Land Surveyors
thence along said curve 100.36 feet, said curve having a radius of250.00 feet, a
central angle of23000'00" and a long chord of99.68 feet which bears North 75048'07"
West to the point of tangency;
thence North 64018'07" West, 164.62 feet;
thence North 53038'07" West, 183.05 feet to the beginning ofa curve to the left;
thence along said curve 104.72 feet, said curve having a radius of225.00 feet, a
central angle of 26040'00" and a long chord of 103.78 feet which bears North 66058'07"
West to a point of compound curve;
thence along said compound curve 128.72 feet, said curve having a radius of
125.00 feet, a central angle of 59000'00" and a long chord of 123.11 feet which bears
South 70011 '53" West to the point of tangency;
thence South 40041 '53" West. 127.21 feet to the beginning of a curve to the right;
thence along said curve 98.03 feet, said curve having a radius of 50.00 feet, a
central angle of 112020'00" and a long chord of 83.07 feet which bears North 83008'07"
West to a point of compound curve;
thence along said compound curve 99.48 feet, said curve having a radius of
300.00 feet, a central angle of 19000'00" and a long chord of99.03 feet which bears
North 17028'07" West to the point of tangency;
thence North 07058'07" West, 234.45 feet to the beginning of a curve to the left;
thence along said curve 32.34 feet, said curve having a radius of 250.00 feet, a
central angle of 07024'45" and a long chord of32.32 feet which bears North 11040'30"
West;
thence North 89018'07" West, 126.06 feet to a point on the West boundary line of
said Section 24;
thence along said West boundary line North 00041 '53" East, 548.41 feet to a 5/8"
iron pin marking the W 1/4 corner of said Section 24;
thence continuing along said West boundary line North 00041 '54" East, 2108.21
feet to a 5/8" iron pin;
thence leaving said West boundary line South 52041 '34" East, 201.43 feet to a
5/8" iron pin;
thence South 69016'34" East, 277.88 feet to a 5/8" iron pin;
thence South 64055'34" East, 315.97 feet to a 5/8" iron pin;
thence South 60034'34" East, 351.89 feet to a 5/8" iron pin;
thence South 77018'34" East, 313.83 feet to a 5/8" iron pin on the North-South
centerline of the NW 1/4 of said Section 24;
thence along said North-South centerline South 00046'51" West, 789.08 feet to a
5/8" iron pin;
thence leaving said North-South centerline South 30037'41" East, 510.19 feet to a
5/8" iron pin marking the beginning of a curve to the left;
thence along said curve 990.51 feet, said curve having a radius of970.00 feet, a
central angle of 58030'26" and a long chord of948.03 feet which bears South 59052'54"
East to a 5/8" iron pin marking the point of tangency;
thence South 89008'07" East, 231.37 feet to the REAL POINT OF
BEGINNING containing 117.47 acres, more or less.
Gregory G. Carter, PLS
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
. MAY 0 '5 2006
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In the Matter of Annexation and Zoning of 116.81 acres from RUT to R-8 (Medium
Density Residential) AND Preliminary Plat Approval for 321 single family residential lots
and 34 common lots on 116.81 acres by Tuscany Development.
Case No(s). AZ-OS.064, PP.05.064
For the City Council Hearing Date of: April 4, 2006 (approved on April 25, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri14, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April4, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 4,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 4, 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. 967-6503).
2. The Meridian City Council takesjupicial 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 hnpact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSlONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ.05.064 and PP.05-064- 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 Apri14,
2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 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
Submitted and REVISED Ma:reh 2, ADril18. 2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 4, 2006 incorporated by reference; and,
3. The following modifications to site specific conditions were made at the City Council
hearing:
a. Those OOrtiODS of Lots 112 aDd 113. Block 5. that are currently encumbered bv
the NMID easement for the Ridenbaul!h Canal. shall be made to be in a common lot
(the buildable lots shall not be encumbered bv the easement.)
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month 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 ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms 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 termination of the period in accord with 11-6B-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE 2 of 4
7.A, the Director may authorize a single extension oftime to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined 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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 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 ~ 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 Apri14, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). AZ-OS-064 and PP.OS-064. PAGE 3 of4
By action of the City Council at its regular meeting held on the q ~ day of
/11(1. r ' 2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED fJet<-
VOTED ~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
VOTED
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Copy serv upon: pp lcant .Ii/>. ," ,-,d"
,/ Planning Department
V Public Works Department
V'City Attorney
By:~~j\ U.u Dated:s"ID-OID
City Clerk's Office
ATTEST:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-064 and PP-oS-064- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF APRIL 4,2006
STAFF REPORT
City Council Hearing
Hearing Date: 4/4/2006 (approved 4-25-06)
Mayor and City Council
Josh Wilson, Associate City Planner
Bear Creek West Subdivision
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FROM:
SUBJECT:
· AZ-OS-064
Annexation and Zoning of 116.81 acres from RUT and Rl to R-8 zone
· PP.OS-064
Preliminary Plat of 320 single family building lots and 34 common lots on
116.81 acres in a proposed R-8 zone
. V AR-05-026
Variance to exceed the maximum block length for Bear Creek West
Subdivision
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Tuscany Development, has applied for AnneJeation and Zoning (AZ) of 116.81 acres from
RUT and Rl (Ada County) to R-8 (Mediwn-Density Residential) and Preliminary Plat approval of 320
single family residential lots and 34 common lots. The site is located west of Stoddard Road, east of
Linder Road, and south of Overland Road. This site currently contains vacant land.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on January 19 and February 16, 2006. At the public hearing they moved to recommend
approval.
a. Summary of Public Bearing:
i. In favor: Becky McKay
ii. In opposition: None.
iii. Commenting: Don Weber, Neil Bowl, Chuck Rough, James Prather, Allen
Bradshaw, Jan Young
iv. Staff presenting application: Josh Wilson
v. Other staff conunenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Lot sizes on perimeter of subdivision
ii. Impact of subdivision on existing church to the north and vice versa
c. Key Commission Changes to Staff Recommendation:
i. Delete Condition 3.2
ii. Modify Condition 1.3.6 to reference the Ridenbaugh Canal
Hi. Incorporate changes from the January 19, 2006 emai1 from Becky McKay to Don
Weber (NOTE: The aDDlicant has submitted a revised preliminary D1at dated
March 2. 2006 which complies with these chaIllzes):
1. Move Elias Drive south 10 feet and increase the depth of the lots
adjoining the church facility to 150 and 155 feet in depth.
2. Adjust lot lines to reduce the number of lots that adjoin the church parcel
from three to two,
Bcar Creek West Subdivision AZ-05-064, PP-05-064, V AR-05-026
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
3. The two lots adjoining the church property will be restricted to single
story homes.
4. A two foot benn with a six foot sight obscuring fence will be installed
along the north boundary of the Bear Creek West property.
5. The developer will install a landscape buffer on the north side of the two
lots which adjoin the church facility.
6. The developer shall disclose in purchase agreements for lots which
adjoin the church facility that outdoor activities take place at the church.
These activities are approved and pre.existing, and should in no way be
considered a nuisance. This language shall also be included in the
covenants of the subdivision.
d. Outstanding Issue(s) for City Council:
i. Block Length Variance: Staff is recommending approval of the subject Variance
application (V AR.o5-026) for the reasons listed herein. We [md that the
application meets all of the [mdings required in the UDC in order for the City
Council to grant a variance (see analysis below and Exhibit D).
3. PROPOSED MOTIONS
Approve (All Applications)
I move to approve File Nwnbers AZ-OS-064, PP-oS-064, and V AR-05-024 as presented in the
staff report for the hearing date of April 4, 2006, and the preliminary plat dated Mafek 2, Anril18. 2006
with the following modifications to the conditions of approval: (add any proposed modifications).
Deny (All Applications)
I move to deny File Numbers AZ-OS-064, PP-OS-064, and V AR-OS-026 as presented in the statT
report for the hearing date of April 4, 2006, and the preliminary plat dated Marek 2, Anril18., 2006 for
the following reasons: (you must state specific reasons for denial).
Continue (AU Applications)
I move to continue the public hearing for File Numbers AZ-05-064, PP-OS-064, and V AR-05-026
to (date certain).
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation:
West of S. Stoddard Road, east of S. Linder Road, and south ofW. Overland Road
Wl/2, Section 24, T3N Rl W
b. Owners:
1. Tuscany Development
P.O. Box 344
Meridian, Idaho 83642
2. KenaiPartn~s,LLC
6223 N. Discovery Way
Boise, ill 83713
3. Richard C, and Rebecca Groves
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR-OS-026
PAGE 2
CITY OF MERIDIAN PLANNING OJ:!.:PARTMENT STAFF REPORT FOR THE HEARING DATE OF APRfL 4, 2006
6223 N. Discovery Way
Boise, ID 83713
4. Nick and Zhana Hansen
P,O. Box 140838
Boise, ID 83714
c. Applicant:
Tuscany Development
P.O. Box 344
Meridian, Idaho 83642
d. Representative: Becky McKay, Engineering Solutions, LLP
e. Present Zoning: RUT and RI
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
I. Date of REVISED Preliminary Plat (attached as Exhibit AI): M&feR 2, 200t; Am:!!
18.2006
2. Date of Landscape Plan (attached as Exhibit A2): November II, 2005
h. Applicant's Statement/Justification (reference submittal material): "It is in the best interest of
the City that the property be annexed to the City of Meridian with a zoning of R-8. The project
will provide a diversity of housing and lot sizes. The proposed overall net density (3.52) of the
project complies with the City's designation of Medium Density Residential, which calls for 3-8
units per acre. The project offers a variety oflot sizes within the development and construction of
a portion of the City of Meridian's multi-use pathway system. The project also offers amenities
for the neighborhood while still providing an urban density development."
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detemrined by City
Ordinance. By reason of the provisions ofthe Meridian City Code Title 12 Chapter 3, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: March 13 and 27,2006
d. Radius notices mailed to properties within 300 feet on: March 10, 2006
e. Applicant posted notice on site by: March 25,2006
6. LAND USE
a. Existing Land Use(s): Vacant land and a rural residence
b, Description of Character of Surrounding Area: Mostly agricultural land with some rural
residences and the existing Bear Creek Subdivision to the east.
c. Adjacent Land Use and Zoning
Bear Creek West Subdivision AZ.OS-064, PP.OS.064, V AR.OS.026
PAGE: 3
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
1. North: Existing rural residences and agricultural land, zoned RUT and R1 (Ada
County) and R-8.
2. East: Existing residences in Bear Creek Subdivision, zoned R-4 and a future middle
school site, zoned RUT (Ada County).
3. South: Existing rural residences in Eggers, Model Farm Acres, and Pebble Lane
Estates Subdivisions, zoned R1 (Ada County).
4. West: Rural residences in Ariel Estates Subdivision, zoned R1 (Ada County) and
agricultural land, zoned RUT (Ada County).
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Currently not serviceable. Will sewer in the future to the
Black Cat Trunk.
Location of water: There is water in S. Stoddard.
Issues or concerns: The need for a second water feed. Not currently serviceable
by the City of Meridian's sewer system.
2. Vegetation: None.
3. Flood plain: NA
4. Cana1s/Ditches Irrigation: The property is bounded on the south by the Ridenbaugh
Canal.
S. Hazards: None.
6. Proposed Zoning: R.8
7. Size of Property: 116.81 acres
f. Subdivision Plat Information
1. Residential Lots: 320
2. Non-residential Lots: 1
3. Total Building Lots: 321
4. Common Lots: 34
5. Other Lots: N/A
6. Total Lots: 354
7. Open Lots: 34
8. Residential Area: 116.81
9. Gross Density: 2.74 units per acre
g. Landscaping
1. Width of street buffer(s); A 25.foot wide street buffer is required along Linder Road
which is an arterial street, and a 20-foot wide street buffer is required along Stoddard
Road, which is an urban collector (UDC 11-2A-S). The applicant is proposing a 35-
foot wide landscape buffer along Linder Road and a 3D-foot wide landscape buffer
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR..oS..o26
PAGE 4
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR mE HEARING DATE OF APRIL 4, 2006
along Stoddard Road Road. Staff is generally supportive of the street buffer widths
proposed, however the existin~ home on Linder Road that is to remain must take
access from internal streets within the subdivision and a 25-foot street buffer must be
provided along Linder Road adiacent to the home. Street buffers are not required on
any of the internal, local streets. The applicant is proposing to provide a 20-foot street
buffer on W. Kodiak Drive, which is consistent with a collector roadway. Staff is
supportive of the proposed street section design.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 16.38 acresll4% (including street buffers) and 12.05
acres/1O.3% (excluding street buffers).
4. Other landscaping standards: Landscaping adjacent to nUcro.paths should comply
with UDC 11-3B-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
15 feet
Front (Living area)
Front (Garage)
Side
Rear
20 feet
4 feet
12 feet
Max. Building Height 35 feet
Min. Lot Size 5,000 square feet
Min. Street Frontage 50 feet
i. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The access
to the development will be from Kodiak Drive, with one access point to S. Linder Road and
one access point to S. Stoddard Road, The existing access to Linder Road must be eliminated.
Please see AClID report and discussion below 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 recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICmS AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain from three to eight dwellings pet acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 320 single-family lots
on 116.81 acres for a gross density of 2,74 dwelling units/acre. As allowed by Note #2 on the face of the
Future Land Use Map. the applicant is requesting a step down in density and zoning designation. from
medium to low, A CotDl>rehensive ~lan Map amendment is not reauired for the City t9 process the
applicant's r~uest for the R-8 zone for a pro.pertv desilmated for Medium Density Residential use. Staff
finds that the following Comprehensive Plan policies apply to this application:
Bear Creek West Subdivision AZ-05-064, PP-OS-064, V AR-OS-026
PAGE 5
. Chapter VII, Goal III, Objective A, Action I - Require that development projects have
planned for the provision of all public services.
CrTY OF MERIDIAN PLANNING Dff ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
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 Meridian City Fire
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 suffer 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 VI, Goal II, Objective A, Action 3 . Consider "Accommodating Bicycle and
Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and
Walking in all land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
constl1lction and reconSlnIction projects. in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
. Chapter VII, Goal!, Objective D, Action 9 - Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
A six1'oot tall closed fence has been proposed around the entire perimeter of the development,
Prior to house conSlnIction, fencing should be constructed around the perimeter of this site.
. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
Staff is supportive of the proposed pedestrian connections to adjacent properties and along the
Ridenbaugh Canal,
. Chapter VIT, Goal IV, Objective C, Action 6 - Require pedestrian access in all new
development to link subdivisions together and promote neighborhood connectivity.
Beal' Creek West Subdivision AZ-OS..Q64, PP.05-064. V AR.OS.026
PAGE 6
- -
,.- -
CITY OF MERIDIAN PLANNING DEP ARTM~NT STAFF REPORT FOR THE HEARING DATE OF APRlL 4, 2006
See above.
. Chapter VIT, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on
collectors and arterial streets.
One public street access to Linder Road and one public street access to Stoddard Road are
proposed. and staff is recommending that access from the eXisting home to Linder Road not be
allowed. Direct lot access to Linder Road and Stoddard Road should be prohibited by a note on
the plat.
. Chapter vn, Goal 'N, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the existing residential properties to
the south, east and west are compatible with the proposed development.
. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories
(low., medium-, and high-density single family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
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 for this site.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family 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 cODBistent 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 acconunodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed single family 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 bOWldary 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 to be
Bear Creek. West Subdivision AZ-OS-064, PP-05-064, V AR-OS.026
PAGE 7
., ,-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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.
Special Considerations:
Perimeter Sidewalk: A future middle school site is planned to open at the northeast comer of the
project on Stoddard Road. At past meetings, the City Council and the public have expressed
concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children
to walklbike to nearby schools. In light of these concerns, staff reconunends that the applicant be
required to construct a S-foot wide detached sidewalk along their frontage of S. Stoddard Road
and W. Kodiak Drive, prior to issuance of building pennits in the first phase of the development.
Development Agreement: UDC 11-SB.3.D,2 and Idaho Code 9 6S-6711A provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City
that may require some written conunitment for all future uses. Staff believes that a Q.A is
necessary to ensure that this oropeJj:y is developed in a fashion that is consistent with the
comurehensive ulan designation and does not negatively imoact nearbv nroperties,
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 a"plicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this
process within 18 months of City Council ao,proval of the annexation reauest. The DA shall
incorporate the following:
. lhat 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 wilt 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 purposes such as
landscape irrigation.
. That prior to issuance of any building pennit, the subject property be subdivided in
accordance with the City of Meridian Unified Development Code.
. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code,
be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of
any new dwelling units for said phase.
Bear- Creek West Subdivision AZ-OS..o64, PP.OS-064, V AR-OS-026
PAGE 8
Pjp:LIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and fmdings.
. .
erN OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF APRIL 4,2006
1. Church Use to the North of the Prooertv: Staff has been made aware that there is an
existing indoor/outdoor church located adjacent to the north property line of the project.
The representative of the church is concerned about conflicts between the existing church
use and the homes proposed on the north boundary. There is an approved P A system on
the church property which may cause conflicts with residential properties which are
adjacent. Please reference the letter dated December 12, 2005 from Dana Armstrong to
Becky McKay regarding the church's concerns. The Commission and Council should
consider public testimony to detennine whether the proposal will have detrimental effects
on adjacent properties.
2. Street Buffer alQn€; Linder Road and Stoddard Road: A 25-[oot wide street buffer is
required along Linder Road which is an arterial street, and a 20-foot wide street buffer is
required along Stoddard Road. which is an urban collector (UDC 11-2A-5). The
applicant is proposing a 35-foot wide landscape buffer along Linder Road and a 30-foot
wide landscape buffer along Stoddard Road. Staff is generally supportive of the street
buffer widths proposed, !1owever the existinJ!: home on Linder Road that is to remaill
must take access from internal streets within the subdivision and a minimwn 25.foot
street buffer must be nrovided along Linder Road adiacent to the home. Street buffers are
not required on any of the internal, local streets, The applicant is proposing to provide a
20-foot street buffer on W. Kodiak Drive, which is cOIlliistent with a collector roadway.
3. Landscaping and Open Space: Staff is supportive of the proposed landscaping design.
The applicant is proposing to set aside 12.05 acres (10.3% of the property), exclusive of
required street buffers, for open space. All common lots which are approved as open
space, and will function as drainage areas, shall be vegetated and usable by residents.
4. E~sting Home to Remain: The existing home to remain on Lot 38, Block 5 shall be
required to take access from an internal subdivision street and a note shall be placed on
the plat prohibiting direct lot access to Linder Road and Stoddard Road. The applicant
should modify the plat to extend W. Bear Creek Ct. to the north to give internal street
frontage to Lot 38, Block 5. The landscape plan shall also be modified to reflect Item #2
above.
S. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be
required to utilize any existing surface or well water for the 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 andMCC 9-1~28.
Bear Creek West Subdivision AZ-D5-064. PP-OS-064, V AR-OS-026
PAGE 9
6. Fencing; The applicant has submitted a detailed fencing plan (on the landscape plan
dated November 11, 2005) with the preliminary plat application for the subdivision.
Staff is generally supportive of the fencing proposed, with the following changes: UDC-
3AM 7 requires that fences adjacent to common open space are restricted to four feet in
height if sight obstructing, and six feet in height if open vision, The landscape plan shows
6 foot vinyl fence adjacent to the common open space on Lot 8, Block 14, and Lots 40
and 44, Block 5. The landscape plan shall be amended to comply with UDC 11-3A~ 7 and
- .-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THf HEARING DATE OF APRlL4, 2006
restrict solid fencing adjacent to these lots to four feet prior to submittal of the final plat.
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. AU fencing
should be installed in accordance with UDC 11~3A-7.
7. Micro~pa~: All micro-paths shall be constructed in accordance with UDC 11-3A-8
(construction) and UDC 11-3B (landscaping).
8. Q:lmmon Areas: Maintenance of all common areas shall be the responsibility of the Bear
Creek West Home Owners' Association.
9. Ditches. l.taterals. and Cap.als: There are exiting inigation ditches that run along the
perimeter of this property, The Ridenbaugh Canal runs along the southern boundary of
this site. Large facilities which would require very large pipe sizes are allowed to remain
open and Staff'recommends that the City not require the applicant to tile the Ridenbaugh
Canal abutting this site. Per UDC 11-3A-6 all inigation 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.
V ARlANCE ANALYSIS: The applicant has requested a variance to exceed the maximum block
length of 750 feet. The applicant has provided for traffic circulation with a street layout that
provides adequate stub streets and connections to adjacent properties within the constraints of the
Ridenbaugh Canal to the south and existing developed properties to the north, Staff is supportive
of the street layout and acknowledges that efforts have been made to connect to adjacent
properties wherever feasible, The proposed subdivision increases interconnectivity and reduces
traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road,
b. Staff Reconnnendation: The subject property is within the Urban Service Planning Area. The
subject applications (AZ and PP) were submitted to the Planning Department for concurrent review.
Below, staff has provided a detailed analysis and recommended conditions of approval for the requested
annexation and zoning and preliminary plat applications.
11. EXDlBITS
A Drawings
1. REVISED Preliminary Plat (dated: March 2, 2006)
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
Bear Creek West Subdivision AZ-05-064, PP-05-064, V AR.OS.026
PAGE 10
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CITY OF MERIDIAN PLANNING DEP ARl'MENT STAFF REPORT FOR. THE HEARING DATE OF APRIL 4, 2006
D. Required Findings from Zoning Ordinance
Bear Creek West Subdivision AZ-05'()64, PP-05-064, V AR-05-026
PAGE 11
". "- .- -
-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
A. Drawings
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION 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 Attorney. Bill Naty. 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 penons, 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 weUs 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 pUJposes such as
landscape inigation.
· That prior to issuance of any building pennit, the subject property be subdivided in
accordance with the City of Meridian Unified Development Code.
· That five-foot wide sidewalks and street buffers, constructed in accordance with City Code,
be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of
any new dwelling units for said phase.
1.2 SITE SPECffIC REQUIREMENTS-PRELIMINARY PLAT
1.2,1 The REVISED preliminary plat labeled as PP-l prepared by Engineering Solutions, dated M&HIl
3, ADril18. 2006 is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-05-064) shall also be considered conditions of the
Preliminary Plat (pP-OS-064).
1.2.2 Maintenance of all common areas shall be the responsibility of the Bear Creek West Subdivision
Homeowners' Association.
1,2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated 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 pennitted under UDC 11-3B.
Where the applicant bas submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliroi.na.ry 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.
1.2.4 The landscape plan shall be amended to depict fencing adjacent to Lot 8, Block 14 and Lots 40,
44, and 115, Block 5 as a maximum of four feet for solid fencing, in compliance with UDC 11-
3A-7, prior to submittal of the final plat.
Exhibit B
CJTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING VA TE OF APRIL 4, 2006
1.2.5 Per UDC 11-3A-6 all inigation 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.
1.2.6 The existing home on Lot 38, Block 5 to remain must eliminate the driveway access to Linder
Road and take access from internal streets within the subdivision. A minimum 25-foot street
buffer must be provided in a common lot along Linder Road adjacent to the home,
1.2.7 The plat shall be modified to extend W. Bear Creek Ct. to the north and give internal street
frontage to Lot 38, Block 5, prior to submittal of the [mal plat.
1.2.8 Direct lot access to S. Linder Road and S. Stoddard Road is prohibited. A note shall be placed on
the final plat restricting access to S, Linder Road and S. Stoddard Road.
1.2.9 Those portions of Lots 112 and 113. Block 5. t"at are currently encumbered hI the NMID
easement for the Ridenbaul!b Canal.lb~D be made to be in a common lot (the buildable lots
shaD not be encumbered bv the easement.)
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.3.2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required. to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A~15 and MCC 9-1-28.
1.3.3 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.
1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If pennanent fencing is not provided, temporary constnlction fencing to contain
debris must be installed around the perimeter prior to issuance of a building pennit. All fences
should taper down to 3 feet maximum within 20 feet of all right-or-way. All fencing should be
installed in accordance with UDC 11-3A-7.
1.3.5 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.
1.3.6 All irrigation ditches, laterals or canals, exclusive of the Rjdenbaulili Canal Ten :Mill' Stub DraiB.,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per UDC 11-3A-6, unless otherwise 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 usm association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
Exhibit B
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J
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CITY OF MERIDIAN PLANNING OEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UOC 11-6B.7.
2. PUBLIC WORKS DEPARTMENT
2.1 This development is currently not serviceable by the City of Meridian's sanitary sewer system.
This area is master planned to sewer to the Black Cat trunk. The approval of this development is
conditional on sewer being available and the City of Meridian does not guarantee service in the
timelines outlined in the unC.
2.2 The applicant shall install mains to and through this development; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.3 No "temporary" or "interim" lift-stations shall be allowed in this development.
2.4 Water service to this site is being proposed via extension of mains in S. Stoddard Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works. Execute standard fonns of easements for any mains
that are required to provide service.
2.5 This entire development, approximately 321 lots, is being proposed with a single water
connection in S. Stoddard Road. In order to achieve redundancy, a second connection to the City
of Meridian's water system at the intersection of Liaer and Overland shall be required.
2.6 This development is on the edge of proposed pressure zone boundaries. The applicant shall be
responsible to install a pressure reducing vault at the connection to the water line in S. Stoddard
Road. The pressure reducing vault shall be designed to include communication capabilities that
are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady
at the Public Works Department.
2.7 The applicant shall reserve a portion of Lot 44, Block 5 for possible dedication to the City of
Meridian for a well site,
2,8 The applicant has not indicated who will own and operate the pressure irrigation system in this
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
"final draft" being required prior to fmal plat signature on the last phase ofthis 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.
2,9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source ofwate:r (UDC 11~3A.6). The applicant should be required to use any eJtisting 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 cOJUlection is utilized,
the developer will be responsible for the payment of assessments for the conunon areas prior to
signature on the fmal plat by the City Engineer.
2.10 All existing structures not meeting setbacks or zoning ordinance shall be removed prior to
signature on the fmal plat by the City Engineer,
2,11 Additional width to the public utilities, drainage and irrigation easement along the right.of way
shall be dedicated where the sidewalk is located past the right.of-way. The additional width
needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR TIm HEARING DATE OF APRIL 4, 2006
2.12 The existing house shall he required to cOIlllect to City services. The applicant shall be
responsible for the payment of assessments and the actual physical hook-up of the existing house
to municipal services.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape inigation.
2.14 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.
2,15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.16 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.
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the fInal plat
per Resolution 02-374.
2,18 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.19 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
2.21 Developer shall coordinate mailbox locations with the Meridian Post Office,
2.22 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop f1l1 material.
2.23 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 l~foot above.
2.24 Two.hundred fifty and one hundred watt, high-pressure sodium streetlights shall be required at
locations designated by the Public W orIes 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 to commencing installations.
3. .FIRE DEPARTMENT
3.1. One and two family dwellings will require a fire-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 feet
apart. International Fire Code Appendix C.
3.2. ReEt1:liremeats fer 111_ ea6 fiflil appaf8.N9 assess reads that are sEHweea. SQQ' 1S0' iB.leftgtk. The
reaaways shaH Be ~il.t t8 f..& Csst}' Highway gteBElar6s B1'ellB BastieB reElaire8ieat5 and shall
lHwe a stear EhY.iftg surfaee, a'.<ailaele at all times, .::lUeh is 2&!-wide. SiMms with less theB a3S'
stf'8et wiStfi '58e.11 have Be JlaflMg. Skeets -;Villi less tha:R 39' skall have Jlerkiag ea:ly on eat! sias.
Exhibit B
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I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
TRese meas\tl'ElffiElats shall he hased sa the faee af sum tlintensiOB. Speeiel &PfIleve.1 reliw~
&Wf 1!Q' IFe TaBle Dlt}].4. The reae.',vay shall he ahle te aeeemmeeate an ifftl'osee lead. af
7j,QQQ GV'N,
3.3. For all Fire Lanes, provide signage "No Parking Fire Lane".
3.4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping.
3,6. 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.
3.7. To increase emergency access to the site a minimwn of two points of access will be required for any
portion of the project, which serves more than 50 homes. The two entrances should be separated by
no less than ~ the diagonal measurement of the full development.
3.8. Building setbacks shall be per the International Building Code for one and two story construction.
3.9. 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.
3.10. 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 fIre and emergency medical service vehicles. This cost of this installation is to be
bome by the developer.
3.11. Provide a KJ10x box entry system for the complex: prior to occupancy.
3.12, The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.13. Provide exterior egress lighting as required by the International Building & Fire Codes.
Exhibit B
3.14, Pool chemicals shall be stored in compliance with the International Fire Code.
4. POLlCE DEPARTMENT
4.1. The proposed plat and/or site design encourages high.speed, cuMhrough traffic, The applicant
shall work with the Ada County Highway District to prOvide traffic calming design to decrease
travel speeds on W. Kodiak Drive.
4.2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
S. PARKS DEPARTMENT
5.1.pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
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CI1Y OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
5.2, 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 asswne the maintenance of any section of pathway.
S.3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
5.4. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-lO) will be followed.
6. SANITARY SERVICE COMPANY
6.1 Trash collection for the existing residence needs to be from a local street, not from a collector or
arterial.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1, Dedicate 35-feet of right-of-way from the centerline of Stoddard Road abutting the parcel by
means of recordation of a [mal subdivision plat. The owner will not be compensated for this
additional right-of-way because Stoddard Road is classified as a collector roadway and is to be
brought to adopted standards by the developers of abutting properties.
2. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means
of recordation of a fmal subdivision plat. The owner will not be compensated for this additional
right-of-way because Linder Road is classified as a collector roadway and is to be brought to
adopted standards by the developers of abutting properties.
3. Consbuct Stoddard Road as one half of a 46-foot street section with vertical curb, gutter and a S-
foot detached (or 7-foot attached) concrete sidewalk. Construct the sidewalk to be located a
minimum of 28-feet from the centerline of Stoddard Road. If the sidewalk meanders outside of
the right-of-way, provide the District with an easement.
4. Construct a 5-foot concrete sidewalk on Linder Road located a minimum of 4l.feet from the
centerline of Linder Road. If the sidewalk meanders outside of the right-of-way, provide the
District with an easement.
S. Construct Kodiak Drive to intersect Stoddard Road at the north property line in direct alignm.ent
with the main entrance to Bear Creek Subdivision located on the east side of Stoddard Road, as
proposed. ....... Kodiak Drive is proposed to be located on the north property line and is proposed
to have an island located within the right-of-way. With the island, the sidewalk extends outside
of the right-.of-way onto the Meridian School District property to the north. The applicant will be
required to obtain an easement for the sidewalk that extends outside of the right-of-way.
6. Construct Kodiak Drive to intersect Linder Road approximately 760-feet south of the north
property line, as proposed.
7. Construct Kodiak Drive as a 40-foot street section with vertical curb, gutter and a 5-foot detached
sidewalk within 54-feet of right-of-way. Construct the sidewalk is proposed to be detached from
the curb with an 8.foot wide landscape planter strip and located within an easement to the
District, as proposed.
Exhibit 8
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
8. Construct West Eggers Drive as a 29-foot street section with vertical curb, gutter and S-foot
attached concrete sidewalk within 42-feet of right-of-way. Provide the District with written
documentation showing Fire Department approval of the reduced street section.
9. Construct the internal streets as 36-foot street sections with rolled curb, gutter and S.foot concrete
sidewalk within 50-feet of right-of-way, as proposed.
10. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed.
Provide a minimum turning radius of 4S-feet for all of the twnarounds.
11. Construct several islands within the public roadways, as proposed. Construct the islands to be a
minimum of 4-feet wide with a minimum area of 100-square feet and provide a minimum of 21-
feet on either side of the island.
12. Any proposed landscape islands/medians within the public right-of.way dedicated by this plat
will be required to be owned and maintained by a homeowners association. Notes of this will be
required on the final plat.
13. Construct a southbound left.turn bay on Linder Road at the Linder Road Kodiak Drive
intersection.
14. Construct a northbound right-turn bay on Linder Road at the Linder Road Kodiak Drive
intersection.
15. Construct a northbound 1eft~tum bay on Stoddard Road at the Stoddard Road and Kodiak Drive
intersection.
16. Construct a southbound right-turn bay on Stoddard Road at Kodiak at the Stoddard Road and
Kodiak Drive intersection.
17. Other than the access points that have specifically been approved with this application, direct lot
access to these roadways are prohibited. A note will be required on the [mal plat stating this
access restriction.
18. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during tbe
constJuction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
Exhibit B
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CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF APRlL 4, 2006
6. 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.
7. 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 AClID Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. 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.
9. Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. 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.
11. 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 DIOLINE (1-800~342-1585) at least two full business days
prior to breaking ground within AClID right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions oftms 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 confmnation of any change from the Ada County Highway District.
13. 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 plarmed use ofthe 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
C. Legal Description
.
. ,,--...-- .,._.--------........--~_. ..--- ,-.-
IDAHO
SURVEY
GROUP
'450 fast Woterto;ver SL
Suit. i 50
MoritflllO.ldafl<18364l
P'''lne (208) ~S1O
Fax (20&) ~g.f..S397
, -.'-" -.". --..--..;.....------~--- -- ,
Project No. 04-268
November 15, 2005
DESCRIPTION FOR
ANNEXATION
BEAR CREEK WEST SUBDIVISION
A parcel of land located in the W112 of Section 24, r.3N., R.1W.. 8.M., Ada
COunty, Idaho more particularfy desenbed as follows:
Commencing at an aluminum cap monument ma~ing the C1/4 corner of said
SecllIJn 24 from which a 518" iron pin marking the N1/4 comer of said Section 24 bears
North 00.51'53. East, 2634.95 feet:
thence along the North-South centerline of said Section 24 South 00051'53"
West, 170.09 feet to a 518" Iron pin marking the REAl POINT OF BEGINNING;
thence continuing along said North-South centerline South 00"51'53" West,
827.30 feet to a 518" iron pIn;
thence leaving said North-South centerline North 89"24'36" West, 661.27 feet to
a 518" Iron pin on the East boundary line of the W112 of the NE1/4 of the SW1/4 of said
Section 24;
thence along said East bOUndary line South OOG49'26W West, 331,46 feet to a 5/8"
iron pin on the South boundary line of the W1/2 of the NE1/4 of the SW1/4 of said
Section 24;
thence along said South boundary line North 89021'42" West, 518,26 feet to a
point on the northerly boundary line of Eggers Subdivision as fHed in Book 29 at Plats at
Page 1804, records of Ada County, Idaho, said point al80 being on the centerline or the
RIdenbaugh Canal and on a curve to the left;
thence along said northerly boundary line and said centerline the following 14
courses:
along said curve 295.17 feet, said curve having a radius of 250.00 feet, a central
angle of 67"47'06" and a long chord of 276.62 feet which bears North 29"54'34" West to
a point of compound curve;
thence along said compound curve ~87.11 feet, said curve having 1'1 r::ldi\l'~ <.:;f
7t)IJ,OO feet, ,1 C,f.ll1li'F11 an9!'" 1)1' .:'3 '30'00" dnrl il long chord or :7.B().1O fN~~ '.vh':JJ i)s"r-:
North 75 'J:ror' Wp.sl to ItIE! 1)I)tnt or tangency,
thence North 87.18'07" West, 76.22 feet to the beginning of a curve to the right;
s:~SG ~ Meridian So:hoaIllClUlldaty (04,"*j\OQQAmII\lsl8elir (;reek WHI_ Dest:.doo;
Exhibit C
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1
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARlNO DATE OF APRIL 4,2006
thence alDng said curve 100,36 feet, said curve "aving a radius of 250.00 feet, a
. central angle of 2 )0'00. and a long chord of 99.68 \ (which bears North 75"48'07"
West to the point of tangency;
thence North 64"18'Or West, 164,62 feet;
thence North 53"38'Or West. 183.05 feet to the beginning of a curve to the lert;
thence along said curve 104.72 feet. said curve having a radius of 225.00 feet, a
central angle of 28040'00" and a long chord of 103.78 feet which bears North 66058'07"
West to a point of compound curve;
thence along said compound curve 128.72 feet. said curve having a radius of
125.00 feet, a central angle of 59"00'00" and a long chord of 123.11 feet which bears
North 70011'53" West to the point of tangency;
thence South 40"41'53" West, 127.21 feet to the beginning of a curve to the right;
thence along said curve 98,03 feet. said cwve having a radius of 50.00 feet, a
central angle Of 112020'00. and a long chord of 83.07 feet which bears North 83"08'Or
West to a point of compound curve;
thence along said compound curve 99.48 feet, said curve having a radius of
300.00 feet, a central angle of 19"00'00' and a long chord of 99.03 feet which bears
North 17"28'07M West to the point of tangency;
thence North 07858'Or West, 234.45 feet to the beginning of a curve to the left;
thence along said curve 32.34 feet, said curve having a radius of 250.00 feet, a
centra/ angle of 07"24'450 and a long chord of 32.32 feet which bears North 11.40'30'
West
thence North 89818'07. West, 126.Q6 feet to a point on the West boundary line of
said Section 24:
thence along said West boundary line North 00841'53" East, 548.41 feet to a 5/8"
iron pin marking the W1J4 comer of said Section 24;
thence continuing along said West boundary line North 00041'640 East, 2108.21
feet to II 5180 Iron pin;
thence leaving said West boondary line South 52"41'34" East, 201.43 feet to a
518" Iron pin;
thence South 69"16'34" East. 277.88 feet to a 5/8" iron pin;
thence South 64'55'34" East, 315.97 feet to a 5/8" iron pin;
th'-:fli~(' ~1):.It11 I:;':) :;l,f}l ' [dsL J" 1.f;<'I r(:(~t l..1 ';, ':,:e ;1011 }'ll),
lhence 80Iltl') nO, HS'34 East, 313,83 fect to a 5/8" iron pin on the North-South
center/lne of the NW1/4 of said Section 24,
sousa PogjeGllI\GlO'lll$ MeridIan Sd'lool B~ 161-2&ll)\OooumenblBeaf Creek Weel AMeI Oesc,dOc
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
Exhibit C
thence alo said North-South center1ina South "46'51" East, 789.08 feet to a
5/8" iron pin;
thence leaving said North-South centerline South 30037'41" East, 510.19 feet to
a 518" iron pin marking the beginning of a curve to the reft;
thence along said curve 990.51 feet, said curve having a radius of 970.00 feet, a
central angle of 58030'26" and a long chord of 948,03 feet which bears South 59"52'54"
East to a 518" Iron pin marking the point of tangency;
thence South 89"OS'Or East, 231.37 feet to the REAL POINT OF BEGINNING
containing 117.47 acres, more or less.
S'IlSG P!qedB1GIo_ MAridlan 5cho<>IBoundaty (04,2e8llOllClJm....tsWu' Cr....k West ~ 0e$C doc
-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF APRn. 4, 2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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Exhibit C
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Councll shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
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 fInds that single family detached residential uses are allowed within the
requested zoning district of R-8 as a Principally Permitted 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.
3. The map amendment shaD 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.
4. The map amendment shaD Dot result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
inc:Iuding, but not limited to, school district8; aad,
Staff fInds 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.
5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
The R.g zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. City Council fmds that all essential services are
available or will be provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. TIlis is a logical expansion
of the City limits, In accordance with the fmdings listed above, City Council fmds that
Annexation and Zoninll of this urooertv to R -8 would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined pre1iminary and final plat, or short plat,
the decision-making body shan make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
City Council fwds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. Staff generally supports the proposed plat layout and
Exhibit D
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CITY OF MERIDIAN PLANNINO DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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;
City Council fInds that public services are available to accommodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more
details.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
See finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.
4. The development will not be detrimental to the public health, safety or general
welfare; and
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 Cowcll or
Commission's attention. ACHD considers road safety issues in their analysis.
5. Tbe development preserves significant natural, scenic or historic features.
City Council is unaware of any natural, scenic or historic features on this site. Therefore,
City Council 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.
3. Variance Findings
The City Council shall apply the standards Rsted in Idaho Code 67-6516 and all the findings
listed iD SectiOD 11.SB-4E oftbe UDe to review the variance request. In order to grant a
variance, tbe Council sbaD make the foHowing findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed
in tbe district:
City Cowcll finds that the granting of a variance to the property would not grant a right
or privilege that is not otherwise allowed in the district. As noted above, staff finds that
strict compliance witb the City's Ordinances would not be of benefit to the City, the
surrounding property owners, or the applicant. Based on the nature and location of stub
streets within the adjacent development, staff fInds that strict compliance would be
unreasonable and granting the variance would not result in inhibiting the objectives of the
UDC.
2. The variance relieves an undue hardship because of characteristics of the site;
Exhibit 0
CITY OF MERIDIAN PLANNiNG DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
The applicant has provided for traffic circulation with a street layout that provides
adequate stub streets and connections to adjacent properties within the constraints of the
Ridenbaugh Canal to the south and existing developed properties to the north. 'City
Council is supportive of the street layout and acknowledges that efforts have been made
to COMect to adjacent properties wherever feasible.
3. The variance shall not be detrimental to the pubUc health, safety, and welfare.
City Council finds that approving the variance to the maximum block length would not
be detrimental to the public health, safety, and/or welfare. The proposed subdivision
increases intercolUlec:tivity and reduces traffic conflicts by providing a collector road
which connects Linder Road and Stoddard Road.
Exhibit D