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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF l~f~'VI}1VIR~6i.,~QO~- "'~. ,' ^ ...
STAFF REPORT Hearing Date: November 6, 2008
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: Windham Place
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• RZ-08-007
Rezone of 5.91 acres from R-8 (Medium Density Residential) to R-15
(Medium High-Density Residential), by Eagle Spring Investments, LLC
• MFP-08-DD7
Final Plat modification for Windham Place Subdivision to modify :note #4 by
removing the zero lot line; and modifying note #10 by removing the
requirement for attached houses from the recorded plat.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Eagle Springs Investments, has applied for a Rezone (RZ) of 5.91 acres from R-8 (Medium
Density Residential) to R-15 (Medium-High Density Residential). Concurrently, the applicant has
submitted a final plat modification for Windham Place Subdivision to modify note #4 by
removing the zero lot line and modifying note #10 by removing the requirement for attached houses
from the recorded plat to allow the construction of single family detached homes. The subject site is
located east of N. Meridian Road, and approximately %z a mile south of E. Ustick Road.
2. SUMMARY RECOMMENDATION
The subject applications (RZ-08-007 &MFP-08-007) were submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis of the requested RZ and MFP applications
below. Staff recommends approval of RZ-08-007 and MFP-08-007 for Windham Place, as presented
in the Staff Report for the hearing date of November 6, 2008, based on the Findings of Fact as listed
in Exhibit D and subject to the conditions listed in Exhibit B. Note: The Commission is not required to
make a recommendation on the Final Plat modification request (MFP-O8-007).
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Numbers RZ-08-007 and MFP-08-007 (optional) as presented i~a the staff report for the
hearing date of November 6, 2008, with the following modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, l move to recommend denial to the City
Council.of File Numbers RZ-08-007 and MFP-08-007 (optional), as presented during the hearing on
November 6, 2008, for the following reasons: (You should state specific reasons for denial of the rezone.)
Continuance
I move to continue File Numbers RZ-08-007 .and MFP-08-007 (optional) to the hearing date of (insert
continued hearing date here) so the Planning Department can draft conditions for approval (you should
state reasons for continuance).
Windham Place ItZ-08-007 &MFP-08-007 PAGE ]
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF NOVEMBER 6, 2008
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East side of N. Meridian Road, and approximately'/z mile south of E. Ustick Road
NW '/ of Section 6, T3N, Rl E
b. Owner:
Same as applicant
c. Applicant:
Eagle Springs Investments, LLC
6951 N. Duncan Lane
Boise, ID 83703
d. Representative: Peter Harris
e. Present Zoning: R-8
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for rezoning of
the 5.91 acres to R-15 and final plat modification to modify note #4 by removing the zero lot line; and
modifying note #10 by removing the requirement for attached houses from the recorded plat
h. Applicant's Statement/Justification): "Windham Place Subdivision was approved as a 23 lot project
with 22 attached units and one detached unit on March 14, 200b. All of the improvements as approved
for the project have been completed and accepted by the City. Our intention was to build units
comparable to the units built in the Highgate Subdivision next door. With the change in the market we
have been forced to revise our plans. We began with moderately priced duplexes of which we have
built two pairs to date. Sales have been slow. All of the feedback frarn interested buyers has indicated
that people aren't interested in attached product and are looking for detached houses.
The existing R-8 zoning requires all detached units to be built on lots 5000 sq ft ar greater. We are
looking to rezone to R-1 S to allow for detached units to be built on smaller lots. As our lots are already
improved we will not be making any changes to the lot sizes or configurations as shown on the
approved plat. The approved density of 3.91 units per acre will not be changed; the only change will
be houses that are 35' wide instead of 40' wide.
We are looking to modify the P'inal Plat for Windham Flace based on the previous narrative. The Final
Plat Modification requires slight adjustments to the approved plat. Notes 4 and 10 need to be modified
to allow the construction of single family detached homes." See applicant's narrative for more
information.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason
of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-1), a
public hearing is required before the Commission and City Council an this matter.
b. The subject application will in fact constitute a final plat modification as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A
(Table 11-5A-1), a public meeting is required before the City Council on this matter.
Windham Place RZ-08-007 & MFP-08-007 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
c. Newspaper notifications published on: October 20, 2008 and November 3, 2008
d. Radius notices mailed to properties within 300 feet on: October 10, 2008
e. Applicant posted notice on site by: October 24, 2008
6. LAND USE
a. Existing Land Use(s): Existing residence with accessory buildings and vacant land.
b. Description of Character of Surrounding Area: The surrounding area is developed as single family
residential.
c. Adjacent Land Use and Zoning
1. North: Single Family Attached Homes (Highgate Subdivision); zoned R-8.
2. East: Single Family Residential (Fothergill Pointe Subdivision); zoned R-8.
3. South: Single Family Townharnes (Breinholt Subdivision); zoned R-8.
4. West: Single Family Residential Subdivisions; zoned R-4.
d. History of Previous Actions: The subject site was annexed and zoned (AZ-OS-OS3) and preliminary
platted (PP-OS-OSS) in 2006. In addition, a final plat (FP-08-022) was approved for 23 buildable lots
and 3 common lots in 2006.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: All mains were previously installed.
Location of water: All mains were previously installed.
Issues or concerns: None.
2. Vegetation: Existing mature trees around existing residence and canal.
3. Flood plain: NA
4. Canals/Ditches Irrigation: The Creason Lateral transverses along the northern property
boundary.
5. Hazards: None known on property.
6. Proposed Zoning: R-1 S
7. Size of Property: 5.91 acres
8. Description of Use: Single-Family Residential .
f. Subdivision Plat Information
1. Residential Lots: 23
2. Non-residential Lots: N/A
3. Total Building Lots: 23
4. Common Lots: 3
S. Other Lots: N/A
6. Total Lots: 26
7. Open Lots: 3
8. Residential Area: 5.78 acres
Windham Place RZ-08-007 & MFP-08-007 PAGE 3
CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF NOVEMBER 6, 2008
9. Gross Density: 3.91 units per acre
g. Landscaping
1. Width of street buffer(s): 25 feet required on Meridian Road. The landscaping has been
installed with the approval of the Windham Place Subdivision and is to remain unchanged.
2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands
designated for, or developed as, single family residential.
h. Proposed and Required Residential Standards: per the R-15 (and R-8) zones are as follows:
Setbacks Proposed (R-8) Required (R-15)
Front 20 20
Street side (Garage) 20 20
Street side (Living) 15 10
Side 5 5
Rear 12 12
Frontage 40/50 0
Lot Size 4060 / 5500 min. sq. feet 2,400 rnin. sq. ft.
i. Summary of Proposed Streets and/or Access: Access to the development is from Hawk Street from the
east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access
from Meridian Road to the west. All roadways are constructed and operational for Windham Place
Subdivision. These roadways were evaluated and approved by the City and ACRD.
7. COMMENTS MEETING
On October 16, 2008 Planning Staff held an agency comments meeting. The agencies az~d departments
present include: Meridian Fire Department and Meridian Public Works Department. Staff has included all
continents and recommended actions attached in Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map. Medium. density residential areas are anticipated to contain between three and eight dwelling
units per acre (see Page 99 of the Comprehensive Plazi.). The overall density of the approved Windham
Place Subdivision is 3.91 acres and is not proposed to change with the rezoning of the property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium density residential
uses on the Comprehensive Plan Future Land Use Map. Further, the applicant is requesting
the rezone to construct single family detached homes rather than single family attached
home. Staff believes this development is compatible with the surrounding residential
developments in the area,
Windham Place RZ-08-007 & MFP-08-007 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
• Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV,
Objective C, Action 10)
The subject property is designated Medium-Density Residential on the Future Land Use Map
which identifies this area as an appropriate area for medium-density residential
development. This proposal meets the Comprehensive Plan definition of medium-density,
with a gross density of 3.9.1 dwelling units per acre.
+ Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
The street connections are constructed and provide connectivity with the surrounding
residential subdivisions.
• Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding
areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural
resources. (Chapter V, Goal I, Objective A)
The Creason Lateral crosses the subject property and has been preserved and amulti-use
pathway has been located in accordance with the Master Pathways Plan.
• Offer a diversity of housing types for a greater range of choice. Encourage quality housing
project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A)
The applicant believes rezoning the property to R-1 S and allowing the construction of single
family detached homes will increase the viability of the project and provide affordable
housing,for the citizens of Meridian.
• Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to surrounding development. Increased densities on random vacant lots
should be considered if: Development of uses other than single-family structures are
compatible with surrounding development as it complies with the current comprehensive
plan. (Chapter VII Goal V Objective A Action IO)
Staff finds rezoning this property to R-1 S should not impact the density approved with this
development. Further, the proposed density is similar to the surrounding developments and
staff finds the home design compatible with the existing neighborhoods..
• Apply design and performance standards to idling development in order to reduce adverse
impacts upon existing adjacent development. (Chapter VII Goal V Obj ective A Action 11)
.Staff does not foresee a negative impact on surrounding development by rezoning the subject
property. The proposed single ,family detached products should be compatible with
surrounding homes in the area and do not differ much from the attached product already
constructed within the development.
Staff finds that the proposed R-1 S zoning designation is harmonious with and in accordance with the
Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written
testimony that may be provided at the public hearing when determining if the applicant's development
request is appropriate for this property.
Windham Place RZ-OS-007 & MFP-OS-007 PAGE 5
CITX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-21ists single family detached homes as
permitted use in the R-15 zoning district.
b. Purpose Statement of Residential Districts: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of dwelling
units per acre and corresponding housing types that can be accommodated within the density
range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE: The applicant is proposing to rezone 5.91 acres from an R-8 (Medium-Density
Residential) zoning district to an R-15 (Medium High-Density Residential) zoning district.
Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to
modify note #4 by removing the zero lot lines and modifying note #10 by removing the requirement
for attached houses to proceed with constructing single family detached homes on the site.
Under the R-8 zoning district, there are different dimensional standards for single family attached and
single family detached homes. Attached homes require 40 feet of lot frontage and 4,000 square foot
lots; detached homes require SO feet of lot frontage and 5,000 square foot lots. The project was
approved for single family attached product and noted on the recorded plat. A majority of the lots
have lot frontages of 45 feet and lots average less than 5,000 square feet respectively, which do not
meet the dimensional standards for detached homes in an R-8 zoning district. Therefore, the applicant
is proposing to rezone the property to an R-15 zoning district which does not have a minimum lot
frontage requirement and requires a minimum lot size of 2,400 square feet. It is important to the note
the applicant is notpropasing to increase the number units approved with the original project.
Further, the setback requirements are the same with the exception of the setback to living area; the R-
8zone requires a 1 S-foot setback and the R-15 zone requires a 10-foot setback.
If the subject rezone and final plat modification are approved the applicant would be able to
proceed with constructing single family detached homes on the lots with minimal redesign to
the current lot configuration. Staff is supportive of the applicant's request to rezone the
property provided the applicant enters into a development agreement with the City (applicable
DA provisions will be discussed in further detail below).
The rezone legal description submitted with the application (prepared on 9/26/08 by Terry Feugh,
PLS) shows the property ,within the existing corporate boundary of the City of Meridian.
Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from
the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west.
All roadways and sidewalks are constructed and operational for Windham Place Subdivision.
Building Elevations: As mentioned earlier, Windham Place Subdivision was approved for the
construction of single family attached homes with the exception of the existing home that fronted on
Meridian Road and Lot 17 of Slock 1. As part of that approval, elevations were not tied to the
development via a development agreement; however there is a note on the recorded plat that required
Windham Place RZ-08-007 & MFP-08-007 PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
1,000 square foot single family attached homes. The applicant has submitted renderings of a single
story home and a two story home depicting how future homes may be constructed on this site. The
single story home calls out masonite and board and batten siding. Shutters and stone veneer accent the
front facades of both homes. In addition, glazing is provided on the garage doors of the homes. A
front porch is provided for the second story home and a covered entryway is provided for the single
story home. The roof design also incorporates modulation and hip and gable rooflines for the
proposed buildings.
The UDC requires buildings to be constructed of high quality building materials such as stone, brick,
wood or other native materials. In no case shall the buildings use vinyl siding as the primary
siding material. Staff has reviewed the submitted building elevations and believes future homes
will be constructed of durable building materials. Further, Staff is including a Development
Agreement provision requiring these design features in future homes built in this subdivision.
Landscaping/Site Improvements: Staff has visited the site and all improvements (roadways,
pathways, sidewalks, fencing and landscaping) have been constructed and installed for Windham
Place Subdivision.
FINAL PLAT MODIFICATION: There are no required findings for a final plat modification.
As mentioned above, the recorded final plat restricts the applicant to 1,000 square foot single family
attached homes. Currently two pair of attached product has been constructed on the site. The
applicant states that feedback from potential buyers has indicated a single family detached product is
more desirable in today's market. Therefore, the applicant is requesting to modify the recorded plat to
allow the construction of single family detached homes. The modification will include removing note
# 10 from the recorded plat and modifying note #4 by removing the zero setback lot lines referenced
in the legend and on interior lot lines of the recorded plat. The notes on the recorded plat shall be
modified as follows:
4) All lots ~°°~°~* -~°~^ °°~~ ~~ ~~°~-~~ ~°- ~°°°~~ ~ are hereby designated as having a permanent
easement for public utilities, irrigation and lot drainage over the five (5) feet adjacent to any
interior lot line, unless otherwise shown and dimensioned (Remove zera lot line exhibit from the
legend as well).
10) ,
° °~ , nnn ~ ° ~ ~ o ..,.,.,;.,° +i.° ° °, (Remove from notes)
Staff is supportive of the applicant's request; however after reviewing the recorded plat and the
applicant's floor plan, there are four lots (Lots 3, 5, 8 & 9 of Block 2) that may not accommodate
the housing product, as proposed. Lots 3 and 5 have an 8-foot P.U.I.D. easement along the
northern property boundary and Lot 8 and 9 have lot frontages of 40 and 41 feet respectively.
The submitted housing plans depict a 35-foot wide home which would conflict with the.required
5-foot side setback and utility easements along the interior (side) lot lines. Staff is
recommending the applicant reconfigure the lots along the eastern boundary or redesign homes
for those lots to comply with the side setbacks of the R-15 zoning district and do not interfere
with existing 8-foot easement on Lots 3 and 5. The applicant may submit a Property Boundary
Adjustment application to reconfigure the lots along the east bouudary to accommodate the
horues and the existing easements. As another option, the applicant could decrease the number
lots and still be in substantial compliance with the approved final plat. Further, if an additional
housing type is the preferred route, then elevations should be submitted to staff ten days prior
to the City Council hearing to eusure future homes on those lots will comply with the setback of
the R-15 zoning district and not conflict with the aforennentioned P.U.I.D. easements.
Windham Place RZ-08-007 & MFP-08-007 PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City that
may require same written commitment for all future uses. A development agreement was not
required with the annexation of this property iu 2005. Staff believes that a DA is necessary to
ensure that this property is developed in a fashion that is consistent with the comprehensive
plan and does not negatively impact nearby properties. If the Commission and Council decide it is
in .the best interest of the City to rezone this property, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506, within 12
months to initiate this process. Please be advised a $303.00 fee wall required to process the
development agreement. The DA shall incorporate, at a minimum, the following, in addition to
provisions the Commission and Council deem appropriate:
1. Future homes on this site shall generally be consistent in appearance to the elevations
attached in Exhibit A. The applicant shall construct homes on the site that contain the
following design features: varying pitched roof design including gable and hip rooflines
facing the street, shutters around the windows on the front facade, substantial pillars with
substantial bases and front facades accented with brick/stone, garage door with a glazing
element and covered porch areas. Building materials shall be of quality materials
including but not limited to wood siding, hardie plank siding and/or stucco, incorporating
varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles)
and a minimum of two field colors and a trim color.
2. Any future subdivision, uses, and construction on this property shall comply with the
City of Meridian ordinances in effect at the time of application submittal.
3. The subject site shall develop with a maximum of 23 single family detached homes. Each
home shall comply with the R-15 building setbacks, and not encroach into any easement.
4. Except for the existing home, direct lot access to Meridian Road is prohibited.
b. Staff Recommendation: Staff is recommending approval of RZ-08-007 and MFP-08-007 far
Windham Place, as presented in the Staff Report for the hearing date of November 6, 2008, based on the
Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B.
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Final Plat
3. Approved Landscape Plan
4. Elevations
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 and Exhibit Map
D. Required Findings from Unified Development Code
Windham Place RZ-OS-007 &MFP-OS-007 PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP NOVEMBER 6, 2008
A. Drawings
1. Vicinity Map
Exhibit A - 1 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF NOVEMBER 6, 2008
2. Approved Final Flat
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE kIEARING DATE OF NOVEMBER 6, 2008
3. Approved Landscape Plan
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C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
4. Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The rezone legal description prepared by Terry Peugh, PLS, dated 9/26/08 and submitted with the
application, is accurate and meets the requirements of the City of Meridian anal State Tax
Commission.
1.2 Prior to rezone ordinance approval, the applicant shall enter into a.Development Agreement with
the City. Said Development Agreement shall be signed within 12 months of the City Council's
approval of this application. Please be advised a $303.00 fee will required to process the
development agreement. See section 10 above for analysis and comments regarding the DA
provisions subject to Windham Place Subdivision.
1.3 Approval of the rezone and final plat modification does not relieve the applicant/developer from
compliance with any previous approvals; the applicant shall comply with all applicable conditions
from AZ-OS-053, PP-OS-055 and FP-06-022, for Windham Place Subdivision.
1.4 The applicant shall redesign the homes/floor plans for those lots along the eastern boundary
so they comply with the side setbacks of the R-15 zoning district and do not interfere with
existing easements on Lots 3 and S; or the applicant may submit a Property Boundary
Adjustment application to reconfigure the lots along the east boundary to accommodate the
homes and the existing easements. If an additional housing type is the preferred route, then
elevations shall be submitted to staff ten days prior to the City Council hearing. All homes
shall comply with the setback of the R-15 zoning district and shall not coztflict with any
easements.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no opposition with this application. All conditions of approval from the
previously approved plat will apply.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above fuush grade.
g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.3 Building setbacks shall be per the International Building Code for one and two story construction.
3.4 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. Far buildings equipped throughout
Exhibit B
CITY OF MERIDTAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed iari
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT (NO COMMENTS PROVIDED)
5. PARKS DEPARTMENT
5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed iu
accordance with the Meridian Park Department's requirements.
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 assume the maintenance of any section of pathway.
5.3 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-10 will be followed.
6. SANITARY SERVICE COMPANY (NO COMMENTS PROVIDED)
7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING)
Exhibit B - 2 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 6, 2008
C. Legal Description and Exhibit Map
IDAHO
SU RVIwY
GROUP
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Windham Place Subdivision
Rezone I3evcriptian. from RS to RIS
1450 East Wacertower St.
site I so
McHdian. Idaho 83642
P {zas} 84a-8570
Fax (208) 8845399
August 25, 2008
Windham place Subdivision and a portion of adjacent right-of--way for N.
Meridian Road, located in Government Lot 5 of Section 6, T,3N., R.l E., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the West 1!4
corner of said Section 6, from. which the Northwest comer of said Sections bears North
00°17'16" East, 2658.29 feet; Thence North 00°17'16" East, 742.50 feet to the REAL
POINT OF BEGINNING.
Thence continuing.North 00°17' 16" East, $6.61 feet;
Thence North 89°43'38" East and along the South boundary of Highgate
Subdivision Phase 1, as same is recorded in $ook 90 of Flats at Page 10471, Ada County
records, a distance of SO5.50 feet to an angle paint on the southerly boundary of Highgate
Subdivision Phase 2, as same is recorded .in.Book 90 of Plats at Fage 105 ] 4, Ada County
records, said point lying in the South Slough (Finch Lateral);
Thence along said slough and southeasterly boundary of said subdivision Noah
53°44'Sl" East, 493.59 feet (of record as North 53°38" East; 7.30 chains);
Thence Noah 35°30'12" East, 258.83 feet (of record as North 45°13' East; 3,80
chains);
Thence North 89°43'38" East, 39.70 feet (of record as East 0,651iNcs) to the
Northeast corner of said Goverment I.ot 5, common. to the Northwest comer of
Fothergill Pointe Subdivision No. 3, as same is recorded in Book 73 of Plats at Page
7555, Ada County records;
Thence along the West boundary of said subdivision and a westerly boundary of
Fothergill Subdivision No. 1, as same is recorded in Book 65 of Plats at Page 6638, Ada
County records, South 00°19'53" West, 701.74' feel (record 10.64 chains);
Thence North 66°57"45" West,.36.80 feet (record North 66°47' 10" West, 37.03
feet) to the most northerly corner of Lot 4, Block 5 of said Fothergill Subdivision No. 1;
Thence departing said subdivision boundary North 67°19'04" West, 181.65 feet
(record of previous two calls North 66°57' West, 3.25 chains);
Professitanal Land Surveyors
Exhibit C - 1 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF NOVEMBER 6, 2008
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WINpHAM PLACE SE1BpfVISION
DESCRIPTION FROM R-8 70 R-15
L°CA TCp IN GpV'T. lOT 5 ~ SCCTIaN B, 7.3N„ q.tE., g;u„
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Exhibit C _ 2 _
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NQVEMBER 6, 2008
D. Required Findings from Unified Development Code
l .Rezone Findings
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an amendment to
the Comprehensive Plan, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to rezone 5.91 acres to an R-15 zoning district. Staff fmds that
the proposed zoning map amendment will comply with the applicable provisions of the
Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that future development of this property should comply with the established
regulations and purpose statements of the requested zoning districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council rely on any oral or
written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning aranendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The rezone is in the best interest of the City.
Staff finds that the rezone of the subject property from R-8 to R-15 is in the best interest of
the City, if the applicant enters into a Development Agreement (DA) with the City, as
mentioned in Section XO of the Staff Report.
Exhibit D
~~~~
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Cv+w~u~`ccl ~e Sririvh:ce.
October 20, 200$
TO: Peter Harris
6951 Duncan Ln.
Boise, ID 83714
OWNER: Eagle Springs Investments
SUBJECT: MRZ-08-007
Rezone from R-8 to R-15
2640 N. Meridian Rd.
Carol A. McKee, President
Sherry R. Huber, 1st Vice President
Dave Bivens, 2nd Vice President
John S. Franden, Commissioner
Rebecca W. Arnold, Commissioner
On November 5, 2005, the Ada County Highway District acted on MPP-05-055/ MAZ-05-053 for
Windham Place Subdivision. The conditions and requirements also apply to MRZ-08-007.
• Prior to final approval you will need to submit construction plans to the ACHD
Development Review Section to insure compliance with the conditions identified above
and/or for traffic impact fee assessment. This is a separate review process that requires
direct plans submittal to the Development Review staff at the Highway District.
• A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a
building permit, Contact ACRD Planning & Development Services at 387-G170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6177.
Sincerely,
CG'~c~e,~ ~~,~.~
Chelsee Kucera
Right-of-Way and Development Services
CC:
Project File
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 2D8-387-b100 • FX 345-7650 • www.achd.ada.id.us
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 the
construction 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.
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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
$. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-$QQ-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation 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 planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds far the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days fallowing the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACRD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time
®Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also apply to
this development application.
^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the
proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit a set of engineered plans directly to ACHD for review by the Development Review
Division far plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including,
but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erasion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is X50' or you are
placing X800 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment R Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACRD Construction -Subdivision to be reviewed and approved by the ACHD Drainage
Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
^ Final Approval from Development Services
ACRD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con.