Stonesthrow AZ 15-005a�CY
ADA COUNTY RECORDER Christopher D. Rich 2015-088644
BOISE IDAHO Pgs=55 BONNIE 09/24/2015 10:57 AM
MERIDIAN CITY NO FEE
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00148510201500886440660554
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Four Doors, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of� �, , 2015, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Four Doors, LLC, whose address is 313 N. Main St. Hailey, ID 83333,
hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", 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, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
annexation of approximately 9.22 acres of land from the RUT zoning district
in Ada County to the R-40 (High Density Residential) zoning district (as
described in Exhibit "A"), under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT— STONESTHROw SUBDIVISION (AZ -15-005) PAGE I OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 28th day of July, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this 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 zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
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 Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Four Doors, LLC, whose
address is 313 N. Main St. Hailey, ID 83333, the party that is developing said
DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ -15-005) PAGE 2 OF 8
Property and shall include any subsequent owner/developer(s) of the
Property.
3.3 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 re -zoned High Density Residential (R-40) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Development of the site shall substantially comply with the site plan, building
elevations and materials included in Exhibit A of the Staff Report as attached
to Findings of Fact and Conclusions of Law (Exhibit `B"), the design
standards listed in UDC 11-3A-19 and the guidelines contained in the City of
Meridian Design Manual, and the conditions of the Staff Report.
5.1.2 The developer shall work with Wal-Mart to construct a driveway from
Venture Street to the existing Wal-Mart north of the site. ACHD would pay
for the design and the construction of the driveway if an agreement with Wal-
Mart could be made, as the driveway would provide direct access to shopping
reducing vehicle trips on the area residential streets. If Wal-Mart declines
permission in writing, the developer shall be absolved of this requirement.
5.1.3 The developer shall work with Wal-Mart to obtain permission to remove a
small section of the wall along the north boundary of the site for a pedestrian
connection between this development and Wal-Mart. If Wal-Mart declines
permission in writing, the developer shall be absolved of this requirement.
5.1.4 Signage shall be erected at the exit of the development on E. Florence Drive
notifying the public of special needs/hearing impaired residents in the
vicinity.
5.1.5 A road trust shall be deposited with ACHD for construction for speed bumps
in N. Mt. Hood Avenue adjacent to the site. The trust shall be submitted
prior to issuance of the last Certificate of Occupancy for this development
and may be released after three years if it is not utilized.
DEVELOPMENT AGREEMENT - STONESTHROW SUBDIVISION (AZ -15-005) PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
DEVELOPMENT AGREEMENT - STONESTHROW SUBDIVISION (AZ -15-005) PAGE 4 OF 8
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. 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:
with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, ID 83642
DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ -15-005) PAGE 5 OF 8
OWNER/DEVELOPER:
Four Doors, LLC
313 N. Main St.
Hailey, ID 83333
14.1 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.
15. 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.
16. 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.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ- 15-005) PAGE 6 OF 8
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
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 ofthe
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.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Four Doors, LLC
By;
%'A
VM N & CITY OF MERIDIAN
By:
pJED.\(I�,LSl May r T 'bmy—deWeerd
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ATTEST:
City of
I IDIANk
I O Ali 0
9
aycee Holman, City Clerk ' q
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DEVELOPMENT AGREEMENT —STONESTHROW SUBDIVISION (AZ— 15-005) PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this ay of 5eek> ,� X2O15, before me, the undersigned, a Notary Public in and
for said State, personally app ared t- , known or identified to me
to be the -, e�q of Four Doors, LLC, and acknowledged tome that he executed
the same on behal 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 .) o f , 2015, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this cgWfigQQ first above written.
,••g51CA �'`•
(SEAL) Nota Public for Idaho ,
Residing at:%; L 1
IC Commission expires: �1OF—
DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ- 15-005) PAGE 8 OF 8
EXHIBIT A
Legal Description and Exhibit Map'
EXHIBIT A
ANNEXATION AND REZONE DESCRIPTION
STONESTHROW SUBDIVISION
A parcel of land situate in the Northwest quarter of the Northeast quarter of
Section 9, Township 3 North, Flange 1 East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the Northeast corner of said Section 9;
Thence along the East boundary line of said Section 9 South 00°13'40" West,
1325.93 feet to the Southeast corner of the Northeast quarter of the Northeast quarter
of said Section 9;
Thence leaving said East boundary line North 89°22'16" West, 1335.83 feet
along the Southerly boundary line of the Northeast quarter of the Northeast quarter of
said Section 9 to the Northeast corner of Macaile Meadows Subdivision, as shown on
the official plat thereof filed in Book 84 of Plats at Pages 9264 through 9256, records of
Ada County, Idaho;
Thence along the North boundary line of said Macaile Meadows Subdivision
North 89°22'16" West, 387.92 feet to the Northwest corner of Lot 43, Block 8 of said
Macaile Meadows Subdivision, said point being the REAL. POINT OF BEGINNING;
Thence continuing along said North boundary line North 89°2216" West,
947.68 feet to the Northwest corner of said Macaile Meadows Subdivision;
Thence along the West boundary line of Crossroads Subdivision No. 6 as
shown on the official plat thereof filed in Book 76 of Plats at Pages 7941 through 7942,
records of Ada County, Idaho and the southerly boundary line of Lot 2, Block 1 of
Records East Subdivision, as shown on the official plat thereof filed in Hook 80 of
Plats at Pages 8654 through 8656, records of Ada County, Idaho North 0004613" East,
453.40 feet to an angle point in the southerly boundary line of said Lot 2;
Thence along said southerly boundary line South 89°37'21" East, 590.85 feet to
the Southeast corner of said Lot 2;
thence along the exterior boundary line of that parcel of land as described in
that Warranty Deed recorded as Instrument No. 102040075, records of Ada County,
Idaho the following 10 courses;
Thence South 00°51'31" West, 38.46 feet;
Thence 11.63 feet along the arc of a curve to the right having a radius of 20.00
feet, a central angle of 33°18'51" and a long chord which bears South 17°30'57" West,
a distance of 11.47 feet;
Thence 137.27 feet along the arc of a reverse curve to the left having a radius
of 50.00 feet, a central angle of 157018'20" and a long chord which bears South
44028'47" East, a distance of 98.05 feet;
Thence 11.74 feet along the arc of a reverse curve to the right having a radius
Stonesthrow Subdivision AZ -15-005
EXHTBIT A
of 20.00 feet, a central angle of 33°38'21" and a long chord which bears North
73°41'13" East, a distance of 11.57 feet;
Thence South 89°29'36" East, 306.00 feet;
Thence 31.42 feet along the arc of a curve to the right having a radius of 20.00
feet, a central angle of 89°59'59" and a long chord which bears South 44°29'35" East,
a distance of 28.28 feet;
Thence South 00°30'24" West, 170.09 feet;
Thence 30.87 feet along the arc of a curve to the right having a radius of 75.00
feet, a central angle of 23°35'09" and a long chord which bears South 12°17'58" West,
a distance of 30.66 feet;
Thence South 24005'33" West, 78.00 feet;
Thence 51.19 feet along the arc of a curve to the left having a radius of 125.00
feet, a central angle of 23°27'44" and a long chord which bears South 12°21'38" West,
a distance of 50.83 feet to the REAL. POINT OF BEGINNING. Containing 9.22 acres,
more or less
Stonesthrow Subdivision AZ- 15-005-,
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MACAILE SUBDIVISION 387,92' SUBDIVIS1oN
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD DIST.
CHORD BRG. DELTA
Ct
20.00
11.63
11.47
S17'30'57" W 33'18'51"
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50.00
137.27
98.05
544'28'47"E 157'18'20"
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20.00
11.74
11.57
573'41'13"W 33'38'21"
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31.42
1 28.28
S44'29'35"E: 89159'59"
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75.00
30.87
30.66
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125.00 1
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50.83
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Stonesthrow Subdivision AZ -15-005,
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EXHIBIT B 15-004
STONESTHROW SUB. ANNEXATION & RE -ZONE SHEET HC
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LOCATED IN HW 1/4 OF THE HE 1/4 OF SCO11ON D. OWO, NT
UN„ (ME„ DAA., AOA COUNW, IDAHO 4/20/14
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW ,
AND law, I
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 10.26 Acres of Land with an R-40
Zoning District; Preliminary Plat Consisting of Thirty Five (35) Multi -Family Residential Building
Lots and Six (6) Common Area Lots on 9.22 Acres of Land for Stonesthrow Subdivision; and
Conditional Use Permit for a Multi -Family Development Consisting of One Hundred and Forty
(140) Dwelling Units in an R-40 Zoning District, by Steve Arnold.
Case No(s). AZ -15-005; PP -15-006; CUP -15-009
For the City Council Hearing Date of. July 7, 2015 (Findings on July 28, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 7, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-005; PP -15-006; CUP -15-009 - I -
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 Conditions of Approval all in the attached Staff Report for the
hearing date of July 7, 2015, 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 § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the Development Agreement, Rezone, and
combined Preliminary and Final Plat is hereby conditionally approved per the conditions of
approval in the attached Staff Report for the hearing date of May 19, 2015, attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
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 two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years 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 (UDC 11-
6B -7C):
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-005; PP -15-006; CUP -15-009 - 2 -
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11 -5B -6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application 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.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 July 7, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-005; PP -15-006; CUP -15-009 - 3 -
By action of the City Council at its regular meeting held on the day of ,
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT IaITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
VOTED
VOTED
VOTED
VOTED_
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED VV--A,-
MAYOR
A, -
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y Weerd
�4OXtgV BD nunvrr
Attest:
CU�p City of
E IDIAN
1nni10
Jay-cZe H a—n SEAL yYw
City Clerk r�9°rhe raE15��f��
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
B Dated: O t )I � .l Q°��1_n I�
City erk's ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW .AND RECISION & ORDER
CASE NO(S), AZ -15-005; PP -15-006; CUP -15-009 -4-
EXHIBIT A
STAFF REPORT
HEARING DATE:
July 7, 2015
E
IDIAN -
TO:
Mayor & City Council
t
FROM:
Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ -15-005; PP -15-006; CUP -15-009 — Stonesthrow Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Steve Arnold, has submitted an application for annexation and zoning (AZ),
preliminary plat (PP) and conditional use permit (CUP) for Stonesthrow Subdivision.
The applicant proposes to annex and zone 10.26 acres of land from the RUT zoning district in Ada
County to the R-40 zoning district in the City.
The preliminary plat consists of 35 multi -family residential lots and 6 common lots in an R-40 zoning
district on 9.22 acres of land.
The conditional use permit is for a multi -family development consisting of 140 dwelling units in a
proposed R-40 zoning district as required by UDC Table 11-2A-2.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report.
The Meridian PlanninLy & Zoning Commission heard these items on June 4. 2015. At the public
hearinE, the Commission moved to recommend approval of the subiect AZ. PP and CUP
requests.
a. Summary of Commission Public Hearing:
L In favor: Steve Arnold
ii. In opposition: Alvera McClain, Georgia Lett; Linda Monroe, Rubv Strubal; Deborah
McKnight; Ray Valenti; Emery Helm; Richard Salisbury; Patricia Jennings; Randy
Jennings; Doug Peterson; Lori Cover, Robert Stucker; Scott Kim, Delores Sass; Megan
Ward; Ken Sansoucie
iii. Commenting: None
iv. Written testimony: Steve Arnold; petition from adjacent property owners in Crossroads
Subdivision, Emery & Pamela Helm; and Shirley Lovett
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Traffic circulation and volumes in the general vicinity.
c. Key Commission Change(s) to Staff Recommendation:
i. Erect signage notifying the public of special needs/hearing impaired residents in the
vicinity at the exit of the development on Florence (see condition #1.1.ld)
ii. Where crosswalks are proposed they should be constructed as raised crosswalks for a
length of 6-8 feet for traffic calming (or other traffic calming method as allowed by
ACHD) (see condition #1.1.5e).
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 1
EXHIBIT A
d. Outstanding Issues) for City Council:
L None
The Meridian City Council heard these items on July 7, 2015, At the public hearing. the
Council approved the subject AZ. PP and CUP requests
a� Summary of City Council Public Hearin=
I. In ! 1!M
1L In opposition: Emory
Commenti= None
Ly� Written testimony: Steve Arnold; petition from property owne Crossroads
Subdivision; Emory and Pamela Helm; and Shirle
y� Staff presenting application: Sonya )YaAters
A Other staff commenting on applicationLNone
Key Issues of Discussion Council:
c. kev Council Changes to Staff/Commissi-on Recommend-a-dQu
L Inclusion of a development agreement provision- _ i ' - oad trust to
with ACHD for construction of speed bumps in N. Mt. Hood Avenue adi=nt to tile
site, The trust shall be submitted prior to issuance of the last Certificate of
for this development and be released after three years if it's not utilizWA&e"ondition
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15-
005, PP -15-006 & CUP -15-009, as presented in the staff report for the hearing date of July 7, 2015,
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-005,
PP -15-006 & CUP -15-009, as presented during the hearing on July 7, 2015, for the following reasons:
(You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ -15-005, PP -15-006 & CUP -15-009 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located approximately 1/4 mile south of E. Fairview Avenue on the west side of N.
Mount Hood Avenue, in the NE '/a of Section 9, Township 3 North, Range 1 East. (Parcel No.
S1109121000)
B. Applicant:
Steve Arnold
1785 S. Whisper Cove
Boise, ID 83709
C. Owner:
Sable, LLC
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 2
EXHIBIT A
2074 W. Rieber Drive
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation, preliminary plat and conditional use pennit. A public
hearing is required before the Planning and Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 18 and June 1, 2015 (Commission); June 15 and 29-
2015 (City Council)
C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11,
2015 (City Council)
D. Applicant posted notice on site(s) on: May 22, 2015 (Commission); June 19, 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of vacant undeveloped land, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Wal-Mart, zoned C -C; and a cemetery, zoned RUT in Ada County
South: Single-family residential properties in Macaile Meadows Subdivision, zoned R-8
East: Single-family residential properties in the development process, zoned RUT in Ada County
West: Single-family residential properties in Crossroads Subdivision, zoned R-4
C. History of Previous Actions: NA
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject site
currently exists at the western boundary in E. Florence Drive.
2. Location of water: Water mains intended to provide service to the subject site currently exist
at the end of E. Florence Drive, N. Venture Street, and N. Mount Hood Avenue.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no open ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as High
Density Residential (HDR).
The purpose of the HDR designation is to allow for the development of multi -family homes in areas
where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre.
Developments might include duplexes, apartment buildings, townhouses, and other multi -unit
structures. A desirable project would consider the placement of parking areas, fences, berms, and
other landscaping features to serve as buffers between neighboring uses. Developments need to
Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 3
EXHIBIT A
incorporate high quality architectural design and materials and thoughtful site design to ensure quality
of place and should also incorporate high quality architectural design and materials and thoughtful
site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping
and individual project identity.
The applicant proposes to develop 140 apartment units on the site consisting of a mix of 2 and 3
bedroom units resulting in a gross density of 15.18 dwelling units per acre (d.u./acre) and a net
density of 16.39 d.u./acre, consistent with the HDR designation.
Staff has reviewed the proposed building elevations for the multi -family structures and deems them to
be of high quality design and materials (e.g. mix of fiber cement board and batten and/or shingle style
siding, horizontal lap siding, and trim and fascia with architectural grade asphalt shingles) as desired
in HDR designated areas.
Landscaping is proposed along the perimeter boundaries, which will assist in providing a buffer to
adjoining residential and commercial uses. The layout and design of the development with the off -set
buildings provides modulation, interest, and varying setbacks to adjacent sheets and abutting uses.
Although the adjacent residential developments to the west, south and north did not provide any
pedestrians connections to this sit, pathways are proposed internally for interconnectivity throughout
the development.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
"Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi -family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B)
The proposed multi family residential development will contribute to the variety 4housing
types available within this part of the City and offer rental options for 2 and 3 bedroom units.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
City sewer and water services are available to be extended to the subject property with
development of the property.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117)
The proposed multi family residential development should be compatible with existing and
future single-family residential uses to the south, west and east while providing a transition
and buffer to the existing commercial use (Wal-Mart) to the north.
The applicant proposes a modified pinwheel design for the structures that abut existing
residential properties to the west and south. These structures have their front entrance on the
other sides of the structures; only a patio with a sliding door will face the west and south
respectively. Additionally, a greater rear setback is proposed than the required l5 feet,
ranging from 22-30 feet along the west boundary and 30-40 feet along the south boundary.
"Encourage infill development." (3.01.02B)
The subject property is surrounded by property on the north, west and south sides that has
been annexed and developed in the City. Development of this parcel will allow cit)) services
to be extended to this site as planned.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 4
EXHIBIT A
"Require common area in all subdivisions." (3.07.02F)
Common area is proposed on Lot 1, Block 2 for a clubhouse, swimming pool and bocce ball
court as shown on the landscape plan attached in ExhibitA.3. The applicant is required to
provide qualified open space in accord with the standards listed in UDC 11 -3G -3B.
"Support a variety of residential categories (low-, medium-, medium-high 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." (3.07.01 E)
The proposed apartments will contribute to the variety of residential housing options and
rental prices available within the City.
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping is proposed within planter islands in the parking areas on this site as shown on
the landscape plan attached in Exhibit A.3.
"Provide a walkable community through good design." (2.01.01 A)
There are several sidewalk connections between buildings and to and through the proposed
parking meas. The extension of sidewalk along Florence Drive also makes this
conznnunity/neighborhood more walkable. There is a major retailer (Wal Mart) just north of
the subject site. Staff believes a pedestrian connection should be provided so members of the
community/neighborhood do not have to walk all the way around the existing block wall to
get there.
"Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc). (3.01.01B)
Staff has evaluated the impact this development would have. Please see the analysis section
and comments from other service providers. ACHD has included analysis in their report for
the impact this development will have on traffic.
"Designate areas for high density residential on the Future Land Use Map." (3.07.01 G)
This property is one of the few areas throughout the Cit) designated high density residential
ort the FL UM.
"Provide housing options close to employment and shopping centers." (3.07.02D)
This site is adjacent to a Wal-Mart and near both the Crossroads shopping center and The
Village. There are already single-family housing options in this area; the proposed project
will provide additional housing options.
For the above reasons, staff believes the proposed development is consistent with the policies and
goals of the Comprehensive Plan and will be a desirable project in the HDR designated area.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Per UDC 11-2A-1, 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.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 5
EXHIBIT A
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-40 zoning district. The proposed multi -family
development is listed as a conditional use in the R-40 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi -family developments apply to development of this property.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40
zoning district apply to development of this site.
D. Landscaping Standards (UDC I 1-3B): The standards for landscaping contained in UDC I 1-3B
and 11-4-3-27F apply to development of this site.
E. Common Open Space and Site Amenity Requirements: Common open space and site amenities
are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3;
11-4-3-27C; andl1-4-3-27D.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION (AZ): The applicant proposes to annex and zone 10.26 acres of land from the RUT
district to the R-40 zoning district. As discussed above in Section VII, staff believes the proposed
zoning and development is consistent with the goals and policies in the Comprehensive Plan and
with the HDR designation for this site.
The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is
proposed to develop with a multi -family residential development consisting of 140 dwelling
units.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned.
The City may require a development agreement (DA) in conjunction with an annexation and
zoning request pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as
proposed with this application, staff recommends a DA as a provision of annexation with the
provisions included in Exhibit B and as detailed below.
CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi -family development in an
R-40 zoning district as required by UDC Table 11-2A-2.
The multi -family development is proposed to consist of a total of 140 dwelling units in 35 four-
plex structures with a clubhouse, swimming pool, pathways and a bocce ball court on 9.22 acres
of land. A mix of 2 and 3 bedroom units are proposed.
Specific Use Standards: The specific use standards for inulti-family developments listed in UDC
11-4-3-27 apply to development of this site as follows: (Staffs comments in italics)
A minimum of 80 square feet (s.£) of private useable open space is required to be
provided for each unit. The applicant states that 80 s.f ofprivate useable open space will
be provided for each unit through private patios. Staff recommends revised floor plans
are submitted prior to the City Council hearing that clearly depicts the square footage
of the patios in accord with this requirement.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory snap of the development
at an entrance or convenient location for those entering the development. The propero3
Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 6
EXHIBIT A
management office is proposed within the clubhouse building; each building will have a
storage area for maintenance supplies; a central mailbox location with provisions for
parcel mail and directory nrap of the development should be depicted on a revised site
plan submitted prior to the City Council hearing.
At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain
between 500 and 1,200 square feet of living area, a minimum of 35,000 s.f. (or 0.80 of an
acre) of common open space is required to be provided. A total of 4.39 acres of common
open space consisting of the clubhouse/swimming pool/bocce ball court lot and open
space between buildings is proposed in excess of UDC standards.
For multi -family developments with 75 units or more, 4 site amenities are required to be
provided with at least one from each category listed in UDC 11-4-3-27D. For
developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. Because 140
units are proposed, more than 4 amenities should be provided for the site with at least
one from each category (i.e. quality of life, open space, recreation). The applicant
proposes to provide a clubhouse, swimming pool, bocce ball court, walking paths
throughout the development, and a fitness facility in the clubhouse, which fall under the
quality of life and recreation categories. Staff recommends one additional amenityfrom
the open space category (i.e. open grassy area of at least 50'x 100' in size, community
garden; ponds or water features; or a plaza) is provided within the proposed
development.
The architectural character of the structures shall comply with UDC 11-4-3-27E. The
conceptual elevations included in Exhibit A.4 appear to comply with this requirement.
Administrative design review is required with the Certificate of Zoning Compliance
application to ensure final design of structures comply with this requirement and design
review requirements.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows; the landscaped area shall be at
least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The landscape plan submitted with the Certificate of Zoning
Compliance should comply with this requirement for the structures that front on E.
Florence Drive and N. Mount Hood Avenue.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant should submit documentation of compliance with this
requirement with the Certificate of Zoning Compliance application.
Parking: For multi -family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6. Based on (140) 2-3 bedroom units, 140 covered spaces
and 140 open spaces are required for a total of 280 parking spaces. The site plan depicts a total of
284 parking spaces, 50% of which will be covered, in accord with UDC standards. The site plan
should be revised prior to the City Council meeting to include the locations of the covered
parking stalls.
For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to
be provided in accord with the standards listed in UDC 11 -3C -6B. Based 2,375 square feet, a
Stonestbrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 7
EXHIBIT A
minimum of 4 parking spaces are required; 4 spaces are depicted on the site plan in accord with
UDC standards.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in
UDC 11 -3C -5C. Based on 284 vehicle spaces required to be provided on the site, a minimum of
12 bicycle spaces are required. The applicant proposes 23 bicycle racks in compliance with this
requirement.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11 -3B -8C. The landscaping appears to comply with these standards except for the
two rows of parking on the east side of the clubhouse/pool. Per the UDC, a linear group of
parking spaces can't exceed 12 in a row without an internal planter island. The parking
area on the west side of the clubhouse and pool area has two rows of parking with more
than 12 stalls and no planter island. Planter islands should be added within the parking
areas on both sides of the drive aisle in accord with this requirement.
Landscaping is required along the foundation of all street facing elevations in accord with
the standards listed in UDC 11-4-3-27F; the landscape plan submitted with the Certificate
of Zoning Compliance application should include landscaping in accord with this
requirement on all street facing elevations along E. Florence Drive and N. Mount Hood
Avenue.
Building Elevations: Building elevations and pictures were submitted for the residential and
clubhouse structures within this development as shown in Exhibit A.5. Three different designs of
the residential structures are proposed consisting of a pinwheel design, modified pinwheel (there
is not an entry on the back side of the structure, only a patio, on structures that abut existing
residential properties), and a modern design. The proposed structures have the appearance of
single-family homes rather than apartments. Building materials are proposed to consist of a mix
of fiber cement board and batten and/or shingle style siding, horizontal lap siding, and trim and
fascia with architectural grade asphalt shingles.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC I 1-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be consistent with the elevations and site plan submitted with this
application and the standards listed in UDC 11-3A-19 and design guidelines included in the
Meridian Design Manual.
PRELIMINARY PLAT (PP): A 41 lot PP consisting of 35 building lots and 6 common lots in the
R-40 zoning district is proposed on 9.22 acres of land for Stonesthrow Subdivision. The plat is
proposed to develop in three phases as shown on the phasing plan in Exhibit A.2.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district. All of the lots
comply with the minimum standards. Construction of buildings on the site should comply with
the setback and dimensional standards for the R-40 district.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 8
EXHIBIT A
The proposed plat is required to comply with the maximum block length standards listed in UDC
11 -6C -3F; staff has reviewed the plat and it complies with these standards.
Access: The proposed plat depicts access to the development via N. Mount Hood Avenue and the
extension of E. Florence Drive, both local streets. Several driveways are proposed via E. Florence
Drive. The UDC does not restrict access to local streets.
Stub Streets: There is one stub street (E. Florence Drive) that exists to this site located at the
west boundary, which is proposed to be extended through the site and connect to N. Venture
Sheet with the first phase of development. Extension of Florence Drive into and through this site
is key for both neighborhood connectivity and vehicular circulation and access to a signal at
Fairview Avenue (at Records). No stub streets are proposed with this development as the
surrounding property is already developed.
Traffic Impact Study (TIS): A TIS was submitted to and reviewed by ACHD which included
the single-family residential project to the east (White Cloud Subdivision). The ACHD report
states all of the existing local streets will operate within ACHD's acceptable level of service
thresholds for local streets.
Street Improvements: The applicant proposes to complete Venture Street and Mount Hood
Avenue as 36 -foot street sections with vertical curb, gutter, and 5 -foot wide attached concrete
sidewalks within the existing right-of-way.
Florence Drive is proposed to be extended through the site and connect to Venture Street as a 36 -
foot street section with curb, gutter and 5 -foot wide detached sidewalks. Three bulb outs are also
proposed to be constricted on Florence for traffic calming purposes.
ACHD recommended to the applicant and the City in their staff report that the applicant
work with Wal-Mart to construct a driveway from Venture Street to the existing Wal-Mart
north of the site. ACRD would pay for the design and the construction of the driveway if an
agreement with Wal-Mart could be made, as the driveway would provide direct access to
shopping reducing vehicle trips on area residential streets. Staff concurs with ACHD's
recommendation and is including a condition of approval to that effect.
Landscaping: Street buffer landscaping is not required to be provided as only local sheets abut
this site; local streets do not require a street buffer in the R-40 zoning district.
Open Space: A minimum of 10% (or 0.92 of an acre) of the area of the site is required to consist
of qualified open space in addition to the requirements listed in UDC 11-4-3-27, per UDC 11 -3G -
3A. Qualified open space must comply with the standards listed in UDC 11 -3G -3B.
A total of 4.39 acres of common open space is depicted on the plans. However, the open
space proposed does not meet the minimum requirements for qualified open space. A total
of 19,402 s.f. (or 0.45 of an acre) of qualified open space is proposed within Lot 1, Block
Block 2; an additional 0.47 of an acre of qualified open space is required to be provided.
Staff recommends the applicant provide details on the provision of the additional qualified
open space at, or prior to, the Commission hearing.
Site Amenities: A minimum of one site amenity that meets the requirements listed in UDC 11-
3G -3C is required to be provided with this development in addition to the site amenity
requirements listed in UDC 11-4-3-27, Multi -family Developments, per UDC11-3G-3A.
Qualified site amenities must comply with the standards listed in UDC 11 -3G -3C.
Staff recommends the applicant provide one additional site amenity in accord with this
standard; details of the amenity should be provided at, or prior to, the Commission hearing.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 9
EXHIBIT A
Multi -Use Pathway: No multi -use pathways are designated on the Pathways Master Plan for this
site.
Waterways: There are no open ditches on this site.
Fencing: All fencing should comply with the standards listed in UDC I 1-3A-7.
A detail for six-foot tall vinyl privacy fence and 6 -foot tall vinyl with lattice top fence is depicted
on the landscape plan for fencing that may be constructed around the perimeter of this site to
replace the existing fence(s); the applicant is unsure at this point if fencing will be constructed.
The plan submitted with the Certificate of Zoning Compliance application should depict the
type and location of all fencing if proposed.
There is existing cedar fencing along the west boundary of this site and along the north boundary
of the building lots along the south boundary of the site; cinder block fencing exists along the
north boundary of the site. For interconnectivity to the Wal-Mart parcel to the north, staff
recommends a small section of the wall is removed, with the permission of Wal-Mart, and a
pathway connection is provided.
Additionally, because there is a 10 -foot wide common area lot along the southern boundary
of the site on the Macaile Meadows property, staff recommends any fencing installed along
this boundary comply with the standards listed in UDC 11 -3A -7A.7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17 along E. Florence Drive, N. Venture Street and N. Mount Hood Avenue.
A 5 -foot wide detached sidewalk is proposed along both sides of E. Florence Dr. and a 5 -foot
wide attached sidewalk is proposed along N. Venture Street and N. Mount Hood Avenue.
Utilities: Street lighting is required to be installed within the development in accord with the
City's adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate
fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian Irrigation district.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Storm
drainage is proposed to be retained on-site through surface and subsurface facilities as approved
by ACRD.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Preliminary Plat (dated: 04/08/15) & Phasing Plan
3. Landscape Plan (dated: 04/08/15) NOT APPROVED
4. Site Plan (dated: 04/08/15) REVISED
5. Conceptual Building Elevations (dated: 10/15/14 and 04/09/15) & Pictures
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 10
EXHIBIT A
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Annexation
D. Required Findings from Unified Development Code
Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 11
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 12
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 04/08/15) & Phasing Plan
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Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 17
EXHIBIT A
Exhibit A.5: Conceptual Building Elevations (dated: 10/15/14 and 04/09/15) & Pictures
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Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
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Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
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Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
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Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
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Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 22
EXHIBIT A
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 24
Excerclse
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EXHIBIT A
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Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 25
EXHIBIT A
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within two (2) years of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Development of the site shall substantially comply with the site plan, building elevations and
materials included in Exhibit A, the design standards listed in UDC l 1-3A-19 and the
guidelines contained in the City of Meridian Design Manual, and the conditions in this report.
b. The developer shall work with Wal-Mart to construct a driveway from Venture Street to the
existing Wal-Mart north of the site. ACHD would pay for the design and the construction of
the driveway if an agreement with Wal-Mart could be made, as the driveway would provide
direct access to shopping reducing vehicle trips on area residential streets. If Wal-Mart
declines permission in writing, the developer shall be absolved of this requirement.
c. The developer shall work with Wal-Mart to obtain pennission to remove a small section of
the wall along the north boundary of the site for a pedestrian connection between this
development and Wal-Mart. If Wal-Mart declines permission in writing, the developer shall
be absolved of this requirement.
d. Signage shall be erected at the exit of the development on E. Florence Drive notifying -ft
public of special needs/hearing impaired residents in the vicinity.
e. A road trust shall be deposited with ACHD for constriction of speed bumps in N. Mt. Hood
Avenue adjacent to the site. The trust shall be submitted prior to issuance of the last
Certificate of Occupancy for this development and may be released after three years if it's not
utilized.
1.1.2 The developer shall comply with the specific use standards for multi -family developments listed
in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited
to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G.
b. Floor plans shall be submitted with the Certificate of Zoning Compliance application that
clearly depicts a minimum of 80 square feet for the patios in compliance with private useable
open space standards.
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Stonestluow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 26
EXHIBIT A
1.1.4 The landscape plan included in Exhibit A.3, dated 4/8/15, shall be revisedpr4er to the City
Council hearing as follows:
a. Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards in UDC 11-4-3-27-F.
b. Include a calculations table demonstrating compliance with the qualified open space
requirements listed in UDC 11 -3G -3B.
c. A landscaped planter island is required within the rows of parking on each side of the drive
aisle on the east side of the clubhouse/swimming pool in accord with UDC 11-313-8C.
d. Fencing details should be included on the plan if fencing is proposed. Any fencing proposed
along the southern boundary should comply with the standards listed in UDC 11 -3A -7A.7 for
fencing adjacent to common open space.
1.1.5 The site plan included in Exhibit A.4, dated 4/8/15, shall be revised prief to the City Couneil
hearing as follows:
a. Depict the location of a central mailbox location with provisions for parcel mail that provides
safe pedestrian and/or vehicular access and a directory map of the development at an entrance
or convenient location for those entering the development, in accord with UDC 11-4-3-27B.
b. Inelude leeations of eever-ed par -king in aeeE)fd with the standards listed in UDG 11 3C 6.
e. The site plan shall depiet a eentral Fnailbox leeation with pfevisie-as for- par -eel mail and
difeetefy map of the development in aeeer-d with UDG 11 4 3 27B.-7-.
d. Provide an additional minimum 0.47 of an aer-e of qitaloed open spaee as required in UDG-
1 i 3G 3A •n aeeordwith the standards listed -DC- 1 i 3G 3B.
Tl I L3SG-'TCArIQLTt �-LT.]TG 17�1T S
e. Where crosswalks are proposed they should be raised for a length of 6-8 feet for traffic
calming (or other traffic calming method should be provided as allowed by AQW .
fA planter island is required within the rows of narking on each side of the drive aisle on the
east side of the clubhouse/swinunina pool in accord with UDC 11 -3B -8C.
1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3 C.
1.1.7 A minimum 5 -foot wide detached sidewalk shall be constricted along E. Florence Drive and a 5 -
foot wide attached sidewalk shall be constructed along N. Mount Hood Avenue and N. Venture
Street as proposed in accord with the standards listed in UDC 11-3A-17 with the first phase of
this development.
1.1.8 A minimum of 0.92 of an acre (or 10% of the area of the site) of qualified open space is required
to be provided on the site as set forth in accord with the standards listed in UDC 11 -3G -3B. The
applieant shall provide details at the Commission hearing regarding eomplianee with this
standard.
1.1.9 The developer shall provide a clubhouse, swimming pool, bocce ball court, walking paths
throughout the development, and a fitness facility in the clubhouse as site amenities in accord
with UDC 11-4-3-27D and 11 -3G -3C as proposed. 7r addition, two other site amenities are
required to be provided; one from the open space eategery (i.e. open grassy area of at least
50' X 100, in , ' ity gar -den; ponds or water features; or a plaza). per UDC- 11 4 3
271); and one -ass sset foar-4-h- int UDC 11 3G 3C. The appliennt shall provide details at, or- pirior-
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 27
EXHIBIT A
to, the Commission hearing on what these amenities will . As presented at the Council
hearing, the applicant shall also provide a half basketball or volleyball court, a community garden
area, plaza and sitting areas and possibly a dog run as amenities.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -5I,
11 -3B -8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11 C.
1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design
standards as set forth in UDC 11 -3C -5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-313-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-613 as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions asset forth
in UDC 11-513-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 28
EXHIBIT A
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension as set
forth in UDC 11 -5B -6F4.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building pen -nit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Street lighting is shown on the landscape plan for private entrances, but type 2 lighting will be
required at the intersection of Florence Drive and Venture Street, and at the corner where
Florence Drive meets Mount Hood Avenue. A street light plan needs to be included as part of the
final plat application. Street light plan requirements are listed in section 6-5 of the Improvement
Standards for Street Lighting. A copy of the standards can be found at
http://www.meridiancity.org/pLiblic_works.aspx?id=272
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. 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
confonnance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 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 use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
Stonesttuow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 29
EXHIBIT A
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and 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.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 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 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 30
EXHIBIT A
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. FIRE DEPARTMENT
3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants 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 placed 18" above finished grade to the center of the 4'/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 31
EXHIBIT A
3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible constriction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-27.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.11 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.12 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson(c',republicservices.com to obtain approval of the dumpster locations on the multi -family
residential portion of the site.
6. PARKS DEPARTMENT
6.1 The Park's Department has no cormnents on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Complete Venture Street and Mount Hood Avenue as 36 -foot street sections with vertical curb,
gutter, and 5 -foot wide attached concrete sidewalks within the existing right-of-way, as proposed.
7.1.2 Extend Florence Drive east through the site tying into Venture Street as a 36 -foot street section
with vertical curb, gutter, and 5 -foot wide detached concrete sidewalks within 50 -feet of right-of-
way. Provide a permanent right-of-way easement if public sidewalks are placed outside of the
dedicated right-of-way.
7.1.3 Construct 2 bulb -outs providing a minimum width of 24 -feet of pavement curb to curb on
Florence Drive, as proposed. Provide written fire department approval for the use of the bulb -
outs.
7.1.4 Construct 5 driveways onto Florence Drive and one driveway onto Mount Hood Avenue, as noted
below. Pave all of the driveways their full width at least 30 -feet into the site beyond the edge of
pavement of Florence Drive and Mount Hood Avenue.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 32
EXHIBIT A
Two 24 -foot wide driveways onto Florence Drive (north and south sides), located
approximately 125 -feet east of the west property line.
One 28 -foot wide driveway onto Florence Drive, located approximately 250 -feet east of the
west property line.
One 28 -foot wide driveway onto Florence Drive, located approximately 340 -feet east of the
west property line.
One 28 -foot wide driveway onto Florence Drive, located approximately 455 -feet east of the
west property line.
One 28 -foot wide driveway onto Mount Hood Avenue, located approximately 200 -feet north
of the south property line.
7.1.5 If an agreement can be made with Wal-Mart, coordinate the construction of a driveway from
Venture Street to the existing Wal-Mart located north of the site. ACHD will be responsible for
the design and construction of the driveway.
7.1.6 Payment of impacts fees are due prior to issuance of a building permit.
7.1.7 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 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.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
bore by the developer.
7.2.7 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 (1-811-342-1585) 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.
7.2.8 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.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 33
EXHIBIT A
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 34
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Annexation
EXHIBIT A
ANNEXATION AND REZONE DESCRIPTION
STONESTHROW SUBDIVISION
A parcel of land situate in the Northwest quarter of the Northeast quarter of
Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the Northeast corner of said Section 9;
Thence along the East boundary line of said Section 9 South 00013'40" West,
1325.93 feet to the Southeast corner of the Northeast quarter of the Northeast quarter
of said Section 9;
Thence leaving said East boundary line North 89°22'16" West, 1335.83 feet
along the Southerly boundary line of the Northeast quarter of the Northeast quarter of
said Section 9 to the Northeast corner of Macaile Meadows Subdivision, as shown on
the official plat thereof filed in Book 84 of Plats at Pages 9254 through 9256, records of
Ada County, Idaho;
Thence along the North boundary line of said Macaile Meadows Subdivision
North 89°22'16" West, 387.92 feet to the Northwest corner of Lot 43, Block 8 of said
Macaile Meadows Subdivision, said point being the REAL POINT OF BEGINNING;
Thence continuing along said North boundary line North 89°22'16" West,
947.68 feet to the Northwest corner of said Macaile Meadows Subdivision;
Thence along the West boundary line of Crossroads Subdivision No. 6 as
shown on the official plat thereof filed in Book 76 of Plats at Pages 7941 through 7942,
records of Ada County, Idaho and the southerly boundary line of Lot 2, Block 1 of
Records East Subdivision , as shown on the official plat thereof filed in Book 80 of
Plats at Pages 8654 through 8656, records of Ada County, Idaho North 00°45'13" East,
453.40 feet to an angle point in the southerly boundary line of said Lot 2;
Thence along said southerly boundary line South 89°37'21" East, 590.85 feet to
the Southeast corner of said Lot 2;
thence along the exterior boundary line of that parcel of land as described in
that Warranty Deed recorded as Instrument No. 102040075, records of Ada County,
Idaho the following 10 courses;
Thence South 00°51'31" West, 38.46 feet;
Thence 11.63 feet along the arc of a curve to the right having a radius of 20.00
feet, a central angle of 33°18'51" and a long chord which bears South 17030'57" West,
a distance of 11.47 feet;
Thence 137.27 feet along the arc of a reverse curve to the left having a radius
of 50.00 feet, a central angle of 157°18'20" and a long chord which bears South
44°28'47" East, a distance of 98.05 feet;
Thence 11.74 feet along the arc of a reverse curve to the right having a radius
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 35
EXHIBIT A
of 20.00 feet, a central angle of 33°38'21" and a long chord which bears North
73°41'13" East, a distance of 11.57 feet;
Thence South 89°29'36" East, 306.00 feet;
Thence 31.42 feet along the are of a curve to the right having a radius of 20.00
feet, a central angle of 89059'59" and a long chord which bears South 44°29'35" East,
a distance of 28.28 feet;
Thence South 00°30'24" West, 170.09 feet;
Thence 30.87 feet along the arc of a curve to the right having a radius of 75.00
feet, a central angle of 23°35'09" and a long chord which bears South 12017'58" West,
a distance of 30.66 feet;
Thence South 24005'33" West, 78.00 feet;
Thence 51.19 feet along the arc of a curve to the left having a radius of 125.00
feet, a central angle of 23°27'44" and a long chord which bears South 12°21'38" West,
a distance of 50.83 feet to the REAL POINT OF BEGINNING. Containing 9.22 acres,
more or less
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 36
EXHIBIT A
1-
T
RECORDS EAST SUBDIVISION UNPLATTED
_ _ 589'37_21 "E 590, 859 - - ZL18
'31"Wp C1 6'
z
Om 1
of \, S89'29 36"E _
306.00'
a �I
`t C3
O WI
i
9.22 ACRES
oU)
U z C5—
I
S24'05'33"W
78.00'
N89'2216"W 947.68'
REAL POINT OF BEGINNING
MACAILE SUBDIVISION
W. FAIRVIEW AVE S 4
S 3
S 9
S 10
-N. MOUNT
HOOD AVE.
RADIUS
C4
�
CHORD BRIG,
Irn�Q
Ci
20.00
IL6Z O
I C'4 N Of
p
d
UNPLATTED
m a
Sow
C2
50.00
137.27
98.05
544'28'47"E
157'18'20"
C3
20.00
I p m v
589'22'16"E
I �^ z
I
1335.83'
1
NI/16
S89'22*16"E NE COR. MACAILE
387,92' SUBDIVISION
T V SG
� ER�o �1
7729
FTFOF�peC��
\CRY
IDAHO 1466 E. WATERTOWER $T.
SURVEY
SUITE 160
IDAHO 63642
GROUP, P.C. (164"570
AP
JL
25 100 400
0 50 200 600
SCALE: 1 " = 200'
EXHIBIT B 0 04
STONESTHROW SUB. ANNEXATION & RE -ZONE SHEET Ni
LOCATED IN NW 1/4 OF THE HE 1/4 OF SECTION 8, DWO. DAT
T - 3N., R.1E., D,N., AOA COUNTY, IDAHO _ 4/20/14
Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 37
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD DIST.
CHORD BRIG,
DELTA
Ci
20.00
11.63
11.47
517'30'57"W
33'18'51"
C2
50.00
137.27
98.05
544'28'47"E
157'18'20"
C3
20.00
11.74
11.57
S73'41'13"W
3338'21"
C4
20.00
31.42
128.28
S44'29'35"E
89'59'59"
C5
75.00
30.87
30.66
S12*17'58"W
23'35'09"
C6
125.00
51.19
50.83
512'21'38"W
1 23'27'44"
T V SG
� ER�o �1
7729
FTFOF�peC��
\CRY
IDAHO 1466 E. WATERTOWER $T.
SURVEY
SUITE 160
IDAHO 63642
GROUP, P.C. (164"570
AP
JL
25 100 400
0 50 200 600
SCALE: 1 " = 200'
EXHIBIT B 0 04
STONESTHROW SUB. ANNEXATION & RE -ZONE SHEET Ni
LOCATED IN NW 1/4 OF THE HE 1/4 OF SECTION 8, DWO. DAT
T - 3N., R.1E., D,N., AOA COUNTY, IDAHO _ 4/20/14
Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009
PAGE 37
EXHIBIT A
D. Required Findings from Unified Development Code
1. ANNEXATION:
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 annexation and/or rezone,
the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds the proposed annexation to the R-40 zoning district is consistent with
the HDR future land use designation for this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed R-40 zoning district and proposed multi -family
residential use is consistent with the purpose statement of the residential district in that it
provides for a range of housing opportunities including apartments as proposed.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
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,
The City Council 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.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
The City Council finds annexing this property with R-40 zoning district is in the best interest
of the City as the property will be able to develop as multi -family project consistent with the
vision of the Comprehensive Plan. Further, annexation of this property will allow utilization
of available City services and a reduction of enclave areas in the City.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the StaffReportfor more
information.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 38
EXHIBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details front public set -vice
providers)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on continents provided by public service providers (i.e., Police, Fire, ACRD, etc.), the
City Council finds there is public financial capability of supporting services for the proposed
development (see Exhibit B for more detail) .
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
Therefore, the City Council finds the proposed subdivision will not be detrimental to the
public health, safety or general welfare.
3. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that if the site is designed in accord with the site plan in Exhibit A and
the conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-40 zoning
district and the specific use standards for multi -family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed multi -family residential use in the R-40 zone meets
the objectives and policies of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the multi -family use will be compatible with existing residential and commercial uses in the
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 28
EXHIBIT A
vicinity and with the existing and intended character of the area and will not adversely change
the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed, the amount of
traffic generation does increase. The ACHD report states all of the existing local streets will
operate within ACHD's acceptable level of service thresholds for local streets.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.
Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009
PAGE 29