Avebury 15-008ADA COUNTY RECORDER Christopher D. Rich 2015-102166
BOISE IDAHO Pgs=43 BONNIE 11/05/2015 02:11 PM
MERIDIAN CITY NO FEE
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ADA COUNTY RECORDER Christopher D. Rich 2015-095454
BOISE IDAHO Pgs=42 BONNIE 10/1512015 10:58 AM
MERIDIAN CITY NO FEE
MORN
P82006009SW45404204P
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Avebury Development, LLC, Owner/Developer
13� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this f- 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 Avebury Development, LLC, whose address is 408 S. Eagle Road, Suite #103,
Eagle, Idaho 83616, hereinafter called O"ER/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 § 67-6511A 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 3.00 acres of land from L-O (Limited Office) to
the R-15 (Medium 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
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
DEVELOPMENT AGREEMENT—AVEBURY (RZ— 15-008)
l re - «cd -c< w'A-h A+t a c'► I rne"I+- b
PAGE 1 OF 8
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 81h day of September, 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 Avebury Development, LLC,
whose address is 408 S. Eagle Road, Suite #103, Eagle, Idaho 83616, the
party that is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
DEVELOPMENT AGREEMENT-AVEBURy (RZ- 15-008) PAGE 2 OF 8
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 R-15 (Medium High Density
Residential) District 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:
a. Development of this site shall substantially comply with the preliminary plat and
landscape plan including the following: provide a pathway connection to the City's
Five Mile Creek 10-foot multi -use pathway across Danbury Faire 's common lot
subject to the HOA's consent, provide additional landscaping adjacent to Danbury
Faire (northwest corner and southeast corner) and provide the street lighting as
proposed in Exhibit A of the attached Findings of Fact and Conclusions of Law
(Exhibit "B") and the revisions noted in the staff report.
b. Future homes constructed within the subdivision must comply with the submitted
elevations attached in Exhibit A.4 of the attached Findings of Fact and Conclusions
of Law (Exhibit `B") and the revisions noted in the staff report. Prior to issuance of a
building permit, the Planning Division will review all home elevations to ensure
compliance with the mix of materials and architectural details as represented in the
attached elevations. The following design features shall be included on each lot:
Distinct variations in the front facades of the homes as shown in Exhibit A.4 of
the attached Findings of Fact and Conclusions of Law (Exhibit "B") and the
revisions noted in the staff report (e.g. mix of materials, covered porches,
variations in roof lines and wall planes) that contributes to an attractive streetscape
along Pine Avenue.
C. A maximum of fifteen (15) single-family detached homes shall be constructed on the
site.
DEVELOPMENT AGREEMENT -AVEBURY (RZ- 15-008) 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 rezone 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
nor apply to any subsequent default of any such or Other covenants and
conditions.
DEVELOPMENT AGREEMENT- AVEBURY (RZ- 15-008) PAGE 4 OF 8
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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
O WNER/DEVELOPER:
Avebury Development, LLC
408 S. Eagle Road, Suite #103
Eagle, Idaho 83616
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
DEVELOPMENTAGREEMENT-AVEBURY (RZ- 15-008) PAGE 5 OF 8
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 parry 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
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
DEVELOPMENT AGREEMENT-AVEBURY (RZ- 15-008) PAGE 6 OF 8
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[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:
Avebury Development, LLC
CITY OF MERIDIAN
By.
Mayor y de eer
4S gp;CED AUK; US ,
-J �7
ATTEST:
City of
4 E IDIAN
I OANO
yce . Holman, City Clerk SQL ti
�r�ha YNBAb�A�
DEVELOPMENT AGREEMENT— AVEBURY (RZ— 15-008) PAGE 7 OF 8
STATE OF IDAHO
ss:
County of Ada, )
On this 1 day of Dr4--b-6-,\ , 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared J ��y�, �� , known or identified to me
to be the t-)j,6De�j 1 -�uj
vj of Av ury Development, LLC, and acknowledged tome that he
executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada
Notary Public for Idaho Residing at: d,
My Commission Expires:
On this_ day of 0C,+cbeA/ , 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 certificate first above written.
0p®•.••
,,•9,01CA
(SE ��'�'� •
. pTA� Notary Publi for Idaho
o Residing at: Weiridlom l b
, o
® ® Commission expires: y -)aOQ L
•
•�rE OF t0••
DEVELOPMENT AGREEMENT—AVEBURY (RZ— 15-008) PAGE 8 OF 8
Exhibit A
Legal Description and Exhibit Map for Proposed Rezone
May 6, 2015
Description For Rezone
AVEBURY SUBDIVISION
A parcel of land located in the Northeast 1/4 of Section 7, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho:
Commencing at the Center 114 corner of said Section 7, Township 3 North,
Range 1 East, Boise Meridian from which the East 1/4 corner of said Section 7 bears
North 89033'30" East, 2647.51 feet; Thence along the East-West Mid -Section line of
said Section 7 North 89°33'30" East, 661.99 feet (formerly 661.88 feet) to a point
marked by an aluminum cap, said point being the REAL POINT OF BEGINNING;
Thence leaving said East-West Mid -Section line and along the East boundary
line of Danbury Fair Subdivision No. 5 as same is recorded in Book 70 of Plats at
Pages 7224 and 7225, records of Ada County, Idaho North 00°29'07" East, 235.01 feet
(formerly 225.00 feet) to the Southwest corner of Danbury Fair Subdivision No. 3 as
same is recorded in Book 65 of Plats at Pages 6601 and 6602, records of Ada County,
Idaho;
Thence leaving said East boundary line and along the South boundary line of
said Danbury Fair Subdivision No. 3 South 89°30'35" East, 566.77 feet to an angle
point thereon;
Thence leaving said South boundary line South 00°30'27" West, 225.79 feet
(formerly 224.22 feet) to the intersection with said East-West Mid -Section line;
Thence along said East-West Mid -Section line South 89033'30" West, 566.76
feet to the REAL_ POINT OF BEGINNING. Containing 3.00 acres, more or less.
Subject to Ditch and Road Rights -of -Way
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Avebury Subdivision RZ-15-008
Exhibit A
DANBURY FAIR SUB NO. 3
S 89'30'35" E 566.77'
ED
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w I PROPOSED AVEBURY SUBDIVISION
K i I REZONE AREA; 3.00 ACRES I
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C 1 0-1.99'r M _ S 8_9_'33'30" _W 566.76' 1418.76'
j �' r E. PINE AVE, _ _ _ _ 7 8
N 89'3Y30" E 2647.51•................. . ... .
BASIS OF BEARING
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a 701
20 120
OF SOP 0 60 240
SCALE: 1 " = 120'
JOB N0.
IDAHO 14W C WATERTOIA,:aUT. REZONE EXHIBIT "B" DRAWING FOR 15-01a
SURVEY �/E:IdRIl, ICl4N0 8�42 s°"E"° AVEBURY SUBDIVISIONSHEET
1
GROUP, P.C. aoai U4Da570 LOCATED IN THE WE 1/4 OF SECTION 7. T.M., RAE., BAT., DWG. DATE
UERIDIAN, FDA COUNTY, IDAHO 05-05-115
Avebury Subdivision RZ-15-008
EXHIBIT B
CITY OF MERIDIAN E Itrj�
N�--
FINDINGS OF FACT, CONCLUSIONS OF LAW Y
AND
DECISION & ORDER
In the Matter of the Request for Rezone of Three (3) Acres of Land with an R-15 Zoning District
and Preliminary Plat Consisting of Fifteen (15) Residential Building Lots and Five (5) Common
Lots on Approximately Three (3) Acres for Avebury Subdivision, located at 800 E. Pine Avenue, by
Avebury Development, LLC.
Case No(s). RZ-15-008 and PP-15-007
For the City Council Hearing Date oh July 21, and August 25, 2015 (Findings on September 8,
2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 21, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 21, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 21, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 21, 2015, incorporated by reference)
B. Conclusions of Law
I. 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). RZ-15-008; PP-15-007
-1-
6. That the City has granted an order of approval of the annexation and preliminary plat request 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 Division, 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 21, 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 Rezone and Preliminary Plat is hereby approved per the conditions of
approval in the attached staff report for the hearing date of July 21, 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 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 11-5B-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 11-5B-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-008; PP-15-007
-2-
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 21, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-008; PP-15-007
-3-
By action of the City Council at its regular meeting held on the day of �e 7k2_ m V'0—Y ,
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED�y
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL, MEMBER JOE BORTON VOTEDC-
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y e Weerd
`01 nnUcLs
GOB r•?
Attest:
U
Jay+ e lrn City Clerlc
Copy served .upon Applicant, The Planning Division, Public Works Department and City Attorney.
By; Dated; 9
City C k's ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-008; PP-15-007
-4.
Exhibit A
STAFF REPORT
HEARING DATE: July 21, 2015 E IDIAN�---
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
208-884-5533
Bruce Frecldeton, Development Services Manager
208-887-2211
SUBJECT: RZ-15-008 and PP-15-007 — Avebury Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Avebury Development, LLC, has submitted an application for a rezone (RZ) of
approximately 3 acres of land from the L-O (Limited Office) zoning district to the R-15 (Medium -
high Residential) zoning district and a preliminary plat (PP) consisting of fifteen (15) single family
residential lots and five (5) common lots on approximately 3 acres in a proposed R-15 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ and PP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report. The Meridian Planning and Zoning Commission
heard these items on June 4, 2015. At the public hearing, the Commission voted to recommend
denial of the subject RZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Matt Schultz
ii. In opposition: Kathy Salloway, Keub Rogers, Barbara Sausvucci, Pat Burris and
Robert Stacker
iii. Commenting: Gary Wertin, Judy Weatherhead, Gale Perry, Steve Padoris, Wayne
Taylor, Jesse Little, Larry and Rebecca Leach, Tonya Nored, Brian Turner, John and
Shannon Uriona, Greg Fastabend, Robert Barnhart, Bradley Wiersma (All in
opposition)
iv. Written testimony: Matt Schultz submitted a response to the staff report.
V. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Parking in and around the proposed development.
ii. Design of the proposed homes.
iii. Pathway connection to the City's 10-foot multi -use pathway across Danbury Faire's
common lot.
iv. Construction traffic entering off of Pine Ave.
v. Constructing sidewalks in front of the homes.
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission recommended denial of the proiect because the applicant failed to
provide revised plans for the Commission to determine if the design of the proposed
development is appropriate for the property.
d. Outstanding Issue(s) for City Council:
i. Allowing sidewalk on one side of E. Avebury Way (south side). ACHD will allow it if
approved by City Council.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 1
Exhibit A
ii. The applicant has requested that the City assume the maintenance responsibility for the
Pathway connection across the Danbury Faire's Subdivision common lot. The proposed
Pathway is not part of the City's Master Pathway Plan and is a private amenity for the
development. Staff believes the HOA should maintain the pathway.
W. Entry into the home from the side or the front of the home. The Commission
recommended denial of this proiect because the applicant did not provide details on
how this would work. The applicant has provided an Exhibit for Council's
consideration. The Commission and Staff believes the applicant should construct a
walkway along the south boundary of Lots 8-17, Block 1 and extend walkways from the
front entrances of all of the homes to the adiacent sidewalk.
The Meridian
City Council
heard these items on July 21, and August
25. 2015, At the publi
hearing,,
_% Summary
the Council approved
of City Council
the subject RZ and PP request.
Public Hearing:
is
In favor: Matt Schultz
jL
In opposition: None
liL
• Greg Fastabend: Don Weatherhead:
Brian Turner and
iy,
Steve Padoris
Written testimony:
Matt Schultz
L
Staff presenting application:
Bill Parsons
A
Other staff commenting
on application: David Jones
bs Key
Issues of Discussion
by Council:
h
Landscaping within
the Five Mile Creek easement.
ii.
Pedestrian connectivity
through the proposed development
and to the multi -use
pathway along the Five
Mile Creek
llii,
Sidewalk on the north
side of E. Avebury Ave.
iy,
Lighting for the proposed
development
y,
Additional landscaping
adjacent to the Danbury Faire Subdivision.
Yi:
Design of the proposed
single family detached homes
yii.
Entry into the homes
from the side or front of the homes.
viii.
Installing sidewalks
in front of the homes.
-c. Key
Council Changes to
Staff/Commission Recommendation
is
The Council eliminated
the requirement for sidewalks to
be placed in front of the homes
for Lots 8-17, Block
1 (DA provision b.. bullet #2 and Site
Specific Condition of
Approval 1.2.6),
ii.
The Council amended
DA m ovision a. and required the applicant
to provide a pathway
connection to the City's
Five Mile Creek 10-foot multi -use
pathway across Danbury
Faire's common lot
subject to the HOA's consent, provide
additional landscaping
adjacent to Danbury
Faire (northwest corner and southeast
cornerl and provide the
iii:
street lighting as shown
Site Specific Condition
on the revised landscape plan in
of Approval 1.2.1a, was modified
Exhibit A.
to require the landscape buffer
abuttinge common
driveway to be extended to the west
boundary as testified at the
iy.
Site condition of approval
1.2.2A and 1.2.2.e were added
to reflect the Council's motion
to extend the 5-foot
wide landscape buffer adjacent to the
common driveway to the west
boundary and landscape
Lot 18, Block 1 as shown on the
revised landscape_plan
y.
Council did not require
the construction of the 5-foot wide
attached sidewalk on the
north boundary of E.
Avebury Ave (Condition of Approval
1.3.31.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 2
Exhibit A
III. PROPOSED MOTION
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-008
and PP-15-007, as presented during the hearing on July 21, 2015, for the following reasons: (You
should state specific reasons for denial.)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15-
008 and PP-15-007, as presented in the staff report for the hearing date of July 21, 2015, with the
following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers RZ-15-008 and PP-15-007 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 at 800 E. Pine Avenue in the SE 1/4 of Section 12, Township 3 North, Range 1
West. (Parcel No. S 1107131714)
B. Applicant/Owner:
Avebury Development, LLC
408 S. Eagle Road, Suite #103
Eagle, ID 83616
C. Representative:
Matt Schultz, Schultz Development
P.O. Box 1115
Meridian, ID 83680
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for rezone and preliminary plat. A public hearing is required before the
Planning and Zoning Commission and City Council on the rezone and preliminary plat request,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper, notifications published on: May 18, and June 1, 2015 (Commission); .Tune 15 and 29,
2015 (Council)
C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11
2015 (Council)
D. Applicant posted notice on site(s) on: May 25, 2015 (Commission); July 9, 2015 (Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of vacant developable land, zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
primarily surrounded by City and County residences zoned R4, R-15 and R1 in Ada County.
C. History of Previous Actions: In 1991, the subject property was annexed (Ordinance #559) as part
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 3
Exhibit A
of A Danbury Faire Subdivision with the L-O zoning district.
D. Utilities:
1. Location of sewer: Sanitary sewer service for this development exists in W. Pine Avenue, as
well as from the existing trunk sewer bisecting the property.
Location of water: Domestic water service for this development exists in N. Petersburg Way
and N. Killdare Place.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Five Mile Creek transverse the southern boundary of the
proposed development.
2. Hazards: Except for the Five Mile Creek, which could be hazardous to children, staff is not
aware of any hazards that exist on this site.
3. Flood Plain: This property is located in the Meridian Floodplain Overlay District and
development of this site must comply with the City's flood plain ordinance (Title 10, Chapter
6).
VII. COMPREHENSIVE PLAN
The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future
Land Use Map. This designation allows smaller lots for residential purposes within the city limits.
The Comprehensive plan anticipates densities between 3 to 8 dwelling units per acre.
The proposed preliminary plat depicts a residential subdivision consisting of fifteen (15) single family
detached homes on approximately 3 acres of land at a gross density of 5 dwelling units per acre
consistent with the MDR designation.
Concurrently, the applicant is requesting to rezone the property to the R-15 zoning district to provide
relief from the dimensional standards of the R-8 zoning district in order to provide a compact
development near the Downtown core. Staff believes the property is better suited for residential than
office and finds merits in the rezone for the following reasons:
1) Access is limnted to Pine Avenue to support an office development;
2) Large irrigation easement along the frontage; and
3) The requested zone allows a maximum density of 15 dwelling units to the acre; however the
proposed density falls within the parameters of the MDR designation of the comprehensive plan.
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 single family residential development will allow compact development near the
core which is currently lacking in this area of the City.
• "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 services are readily available to serve the proposed development in accord with UDC
11-3A-21.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 4
Exhibit A
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A 25 foot wide street buffer is required along W. Pine Avenue, a designated arterial street.
There is an existing 90 foot wide irrigation easement (Five Mile Creek) along Pine Avenue.
Constructing the full width of the buffer would make 115' of the property width unbuildable.
The UDC does allow a reduced buffer width/improvement in these situations. The applicant
must plat a 5-foot wide common lot abutting the irrigation easement or entering into a license
agreement with the Irrigation District to accommodate the required street buffer plantings in
accord with UDC 11-3B-7C.
• "Encourage infill development." (3.01.02B)
The subject property is surrounded by property that has been developed with single family
residential. This has remained vacant for many years and is near downtown which makes it a
good candidate for infill redevelopment.
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The plat as submitted depicts two (2) local streets (N. Petersburg Way and N. Killdare Place
stubbed to the property. With the development of the property the applicant is proposing to
extend a local street (E. Avebury Way) to connect both street segments. Direct lot access is
not prosed to Pine Avenue.
In order to accommodate the reduced street section, the applicant is proposing to construct
sidewalk on the south side of the road and landscape the north side. ACHD, the Fire
Department and Council must be approved as proposed by the applicant.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
A segment of the City's multi -use pathway runs parallel to Pine Avenue. The multi -use
pathway is proposed to remain with the development of the site. To enhance pedestrian
connectivity with the adjacent development, the applicant is proposing to construct a 5-foot
wide sidewalk that runs south through the proposed parking area, turns west through five (5)
of the proposed building lots, and connects to the 10 foot multi -use pathway that is
constructed in a common lot (Lot 46, Block 8) platted with the Danbury Faire Subdivision.
The applicant will have to coordinate the pathway connection with the Danbury Faire HOA
and the Irrigation District prior to the submittal of a final plat application.
• "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(5.01.01 E)
The Five Mile Creek runs along the south boundary and must remain open and protected
during construction of the proposed development.
For the above reasons, staff believes the proposed development is consistent with the Comprehensive
Plan.
VIH. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential Districts (R-15): 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. 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.
Avebury Subdivision RZ-15-009 & PP-15-007 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-15 zoning district. The proposed single
family development is listed as a principally permitted use in the R-15 zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district applies to development of this site.
D. Landscape Standards:
1. Parking Lot Landscaping: The guest parking lot landscaping must comply with the standards
set forth in UDC 11-3B-8C.
2. A 25-foot wide landscape buffer is required adjacent to W. Pine Avenue in accord with UDC
Table 11-213-3. The landscape buffers must comply with the standards set forth in UDC 11-
3B-7C. In this case, the frontage is encumbered by a 90-foot wide irrigation easement and
only requires a minimum of a 5-foot buffer to accommodate the required plantings.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for the
proposed single family development. The guest parking area must comply with the standards set
forth in UDC Table 11-3C-5.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone 3 acres of land from the L-O zoning district to
the R-15 zoning district to develop fifteen (15) single-family homes.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. To ensure the site develops consistent with the applicant's
proposal and is consistent with the surrounding single family residential developments, staff is
recommending a development agreement (see Staff's recommended DA provisions in Exhibit B).
PRELIMINARY PLAT (PP): The applicant has submitted a preliminary plat consisting of fifteen
(15) single family residential lots and five (5) common lots on approximately three (3) acres of
land in the proposed R-15 zoning district. Lot sizes range between 2,883 and 5,398 square feet.
The average lot size within the proposed subdivision is 3,400 square feet. The proposed gross
density of the subdivision is 5 dwelling units per acre which is consistent with the density
requirements of the comprehensive plan and under the maximum density allowed within the
proposed R-15 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The R-15 zone requires a
minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned above,
the applicant is proposing lot dimensions that exceed the minimums of the R-15 district. All of
the proposed lots comply with the dimensional standards of the UDC.
Common Driveway: The applicant is proposing Lots 1-5, Block 1 to take access from a common
driveway (Lot 6, Block 1). The submitted plat depicts a 24-foot wide common lot. A five foot
wide common lot is proposed along the north boundary of the common driveway in accord with
UDC 11-6C-3D5.
The proposed common driveway does exceed the 150' maximum, but the applicant has received
Fire Department approval (as allowed under UDC 11-6C-3D) as shown.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 6
Exhibit A
With final plat submittal, the applicant must provide an exhibit that depicts the building
envelope, setbacks and orientation of the lots and structures. Additionally, the common
driveway and the landscape buffer must be owned and maintained by the homeowners
association.
With the number of homes being served off the common driveway, Republic Services has
raised concerns with the number of totes that will be placed at the curb side. During the
weeks when both trash collection and recycling are scheduled for pick-up there is a
potential for ten (10) totes to congest the roadway near the entrance of the common drive.
The applicant should coordinate with Bob Olson at Republic Services on the trash collection
for the proposed subdivision.
Access: Access to this development is proposed from the extension of E. Avebury Way, via W.
N. Petersburg Way and N. Killdare Place. The internal streets are proposed as a reduced street
section (29 feet of right-of-way; 24 feet between curbs); which prohibits on -street parking. The
Fire Department has reviewed the proposed development and has approved the street section as
proposed. The street shall be posted on both sides with "No Parking" signs.
To mitigate any concerns with the lack of on -street parking, the applicant is proposing to
construct a guest parking area consisting of nine (9) parking stalls. The proposed parking lot must
comply with the dimensional standards set forth in UDC Table 11-3C-5 and must be landscaped
in accord with UDC 11-3B-8C.
Direct lot access to E. Pine Avenue is not proposed or approved with this application.
Staff is supportive of the public street access and reduced street section proposed for the
development.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
Typically, a 25-foot wide landscape buffer adjacent E. Pine Avenue is required to be installed in
accord with UDC 11-313-7C. The common lot (Lot 18, Block 1) adjacent to Pine Avenue is
approximately 80-feet wide due to the Five Mile Creek easement (total width is 90 feet). On the
submitted landscape plan, the applicant is proposing to install the required landscape buffer on
the buildable lots. UDC 11-3B-7C2a requires all residential subdivision street buffers to be on a
common lot, maintained by a HOA. Further, UDC 11-3B-7C1b., requires the buffer to be
widened five (5) additional feet (outside of the irrigation easement) to allow for the planting of
the trees and shrubs. With the submittal of a final plat application the applicant must submit a
revised landscape plan that includes the following:
1) Create a minimum five-foot (5') wide landscape buffer in a common lot; OR
2) Enter into a license agreement with the Irrigation District to allow the required plantings to be
constructed in the existing Five Mile Creek easement with maintenance occurring by the
HOA.
Fencing: The applicant is proposing to construct a 6-foot tall wrought iron fence along the
interior edge of the common lot 18. There is existing 6-foot tall wood fencing along the west,
north and a portion of the east boundary. The proposed fencing complies with the standards listed
in UDC 11-3A-7. With the submittal of a final plat application, the applicant must provide a
detail of the proposed fencing for the subdivision.
Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3)
does not require open space or site amenities to be provided. However, the applicant is
proposing a 5-foot wide pathway connection to the existing 10-foot multi -use pathway
constructed within the Danbury Faire Subdivision to the west. Because the applicant is
proposing to construct this amenity on property they do not own, they must obtain
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 7
Exhibit A
permission from the Danbury Faire HOA and the Irrigation District prior to commencing
with construction of the walkway. With the submittal of a final plat, the applicant shall
provide written documentation from the HOA and the Irrigation District allowing the
extension of the 5-foot wide pathway through Danbury Faire's common lot (Lot 46, Block
8). The maintenance of the pathway should be the responsibility of the Avebury
Homeowner's Association.
Further, the future homes will be oriented towards Pine Avenue. Staff believes the applicant
should include a traditional neighborhood design element and provide a 5-foot wide
sidewalk along the south boundary of Lots 8-17, Block 1 and extend walkways from the
front entrances of all of the homes to the adjacent sidewalk to enhance connectivity within
the development. Prior to the Commission hearing the applicant shall provide an exhibit
that complies with this requirement.
Sidewalks: UDC 11-3A-17C requires detached sidewalks along all arterial streets. UDC 11-3A-
17D requires 5-foot attached sidewalk adjacent to local streets within the City. Currently, an 8-
foot wide attached asphalt pathway exists along Pine Avenue, an arterial street, and will remain
with the development of the site. ACHD is currently in the process of designing the roadway
segment and funding is dedicated to complete Pine Avenue improvements.
The applicant is not proposing any sidewalk on the north side of E. Avebury Way, a local street.
Staff is supportive of this request if the applicant constructs the 5-foot wide sidewalk along
the entire south side of the proposed buildable lots and provides the connection to the 10-
foot wide multi -use pathway; approval to eliminate the sidewalk is predicated on Council
and ACHD approval. If sidewalk is not constructed on the south side of the buildable lots,
sidewalk on both sides of Avebury Way shall be required.
Ditches, Laterals, and Canals: The Five Mile Creek transverses the southern property
boundary. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways, which intersect, cross or lie within the area being subdivided shall be covered.
The Comprehensive Plan lists the Five Mile Creek as a protected waterway and requires the
it to remain untiled. Staff recommends the applicant coordinate with the Irrigation District
(license agreement) to allow the required landscaping to be installed in the easement area to
enhance the appearance of the creek.
Floodplain: The site is located within the flood plain. The applicant shall submit a Floodplain
Development Permit and secure approval before any construction can begin. The applicant
shall coordinate with the Floodplain Administrator to verify requirements.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Building Elevations: The applicant has submitted sample photos that depict the style of homes
proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding,
cedar shingle, and board and batten siding) and stone accents. Design features staff supports
include varying roof forms, decorative trim and corbels, decorative columns, pop -outs, wood
shutters, dormers and covered front porches.
Since the applicant is requesting to rezone the property, staff recommends the applicant
incorporate similar building materials and a mix of materials on all sides of the future homes,
specifically, for those facades that face public streets as envisioned by the Meridian Design
Manual. Further staff recommends that the applicant provide distinct variations in the front
facades of the homes to provide an attractive streetscape along Pine Avenue.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 8
Exhibit A
Staff is of the opinion the future homes will complement the existing homes in the area and
demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review
the all home elevations as described above to ensure conformance with these design features.
Future homes constructed within the subdivision must comply with the elevations attached in
Exhibit A.4.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: April 8, 2015)
3. Proposed Landscape Plan (dated: A ....:'z ro. L-n 06/22/15,
4. Conceptual Building Elevations
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 9
Exhibit A.1: Vicinity Map
Vicinity Map
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- a
Area of Impact _y .—
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Print Dale: 526/2015
Vicinity Map
Print Date: 52612015
Exhibit A
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Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 10
Exhibit A
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Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 16
Exhibit A
B. Agency Comments/Conditions
1. PLANNING DIVISION
1.1 Annexation
1.1.1 A Development Agreement (DA) is reauired as a provision of the rezone of this property. Prior to
the rezone ordinance approval. a DA shall be entered into between the City of Meridianthe
property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat
application will not be accepted until the DA is recorded. The DA shall be signed by the
property owner and returned to the city within two (2) years of the City Council granting the
rezone Currently a fee of $303 00 shall be paid b the he applicant to the Planning Division prior to
commencement of the DA The DA shall at minimum, incorporate the following_ provisions:
a. Development of this site shall substantially comply with the preliminar plat and landscape
plan, including the following: provide a pathway connection to the Citv's Five Mile Creek
10-foot multi -use pathway across Danbury Faire's common lot subject to the HOA's consent,
provide additional landscaping adjacent to Danbury Faire (northwest corner and southeast
corner) and provide the street lighting as proposed in Exhibit A.
b. Future homes constructed within the subdivision must comply with the submitted elevations
attached in Exhibit A 4 Prior to issuance of a building permit the Planning Division will
review all home elevations to ensure compliance with the mix of materials and architectural
details as represented in the attached elevations. The following design features shall be
included on each lot:
Distinct variations in the front facades of the homes as shown in Exhibit A.4 (e.g. mix of
materials covered porches variations in roof lines and wall planes) that contributes to an
attractive streetscape along Pine Avenue and
c. A maximum of fifteen (15) single-family detached homes shall be constructed on the site.
1.2 Preliminary Plat - Site Specific Conditions of Approval
1 2 1 The preliminary plat dated 04/08/15, shall be revised as follows:
a. Lots 1-5. Block 1 shall take access from common driveway as proposed. Provide a 5-foot
wide landscape buffer along northern edge of the common driveway to the west boundary es
p epesed An exhibit depicting the setbacks buildingevelope and orientation of lots and
structures shall be submitted a future final plat application Include note on the final plat that
addresses access across the lots and the responsible party for maintenance of the common
driveway and 5-foot wide landscape buffer.
b. Direct lot access shall be prohibited to E. Pine Avenue in accord with UDC 11-3A-3.
c. Lot 7 Block 1 is non -buildable lot and must developed as a guest narking area as proposed:
maintained by homeowner's association.
1 2 2 The landscape plan dated 94/0745 06/22/15 shall be revised as follows:
a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan
with the final plat application.
b. With the submittal of a final plat application the applicant must submit a revised landscape
plan that includes the following^
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 17
Exhibit A
1) Widened the common lot adjacent to Five Mile Creek five (5) additional feet outside of
the irrigation easement to allow the required plantings in accord with UDC 11-3B-7C:
OR
2) Submit a cony of a license agreement with the Irrigation District to allow the required
plantings to be placed in the existing Five Mile Creek irrigation easement.
c. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
d. Provide a 5-foot wide landscape buffer along northem edge of the common drivewa t
west boundary
e. Landscape Lot 18, Block 1 as proposed.
1 2 3 Prior to the issuance of a building permit, the applicant shall record a final plat.
1 2 4 Comply with all ACHD conditions of approval
1 2.5 The applicant shall be responsible for obtaining a Floodplain Development Permit and secure
approval prior to any construction beginning on the site,
1 2 6 The aeoheant shall eenstmet a 5 feet wide sidewalk alone the south boundary of T
Week 1 d + d walkways F the f fe + + f all f the h to id '.lo.,r.r1L +
aracr[c-r-m-`�cncar�resn-r-[ni-[airccS or¢rro�rarc �cocircS to r¢rm9
enhanee eenneefivity within the develeement. OR erovide sidewalk on both sides of Aw�
the - ng'r..nn-exhibit"'fir
this reauire
..+
1 2 7 With the submittal of a final plat the applicant shall provide written documentation from the
HOA and the Irrigation District allowing the extension of the 5-foot wide pathway through
Danbury Faire's common lot (Lot 46 Block 8). The maintenance of the pathway will be the
responsibility of the Avebury Homeowner's Association.
1.3 General Conditions of Approval
1 3 1 Comply with all bulk use and development standards of the R-15 zoning district listed in UDC
Chapter 2 District regulations.
1 3 2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant must obtain
ACHD and City Council's approval to eliminate the sidewalk on the north boundary_ of E•
rebury Way. For clarification. Council did not require the construction of the 5-foot wide
attached sidewalk to be constructed on the north boundary of E. Avebury Ave-
1 3 4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J
1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C_3,
including but not limited to driveways, common driveways, easements, blocks and mailbox
placement.
1 3 6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for sin le -family dwellings_.
1 3 7 The applicant has a continuing obligation to comply with the outdoor lighting_ provisions as set
forth in UDC 11-3A-11.
1 3 8 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
Avebury Subdivision RZ-] 5-008 & PP-15-007 PAGE 18
Exhibit A
crossing or lying within the area being developed in accord with UDC 11-3A-6A. unless waived
by City Council.
1.4.1 No signs are approved with this application. Prior to installing anv 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.
14 2 The final plat and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1 4 3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years, or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.4 The proiect is subiect to all current Citv of Meridian ordinances. Staff failure to cite anv specific
ordinance provisions does not relieve the applicant from responsibility of compliance.
1 4 5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14.
1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 1I-
3G-3F1.
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 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
conformance of City of Meridian Public Works Departments Standard Specifications.
2.1.2 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.
2.1.3 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 I I" 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.
2.1.4 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,
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 19
Exhibit A
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 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.
2.1.7 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.
2.1.8 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.
2.1.9 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.
2.1.10 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.
2.1.11 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.
2.1.12 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.
2.1.13 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.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 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.
2.1.18 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.
2.1.19 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.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 20
Exhibit A
2.1.20 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.
2.1.21 100 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.
2.1.22 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.
2.1.23 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.
2.1.24 A street light plan needs to be included in 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/public_works.aspx?id=272
3. FIRE DEPARTMENT
3.1 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'h" 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.
3.2 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.
3.3 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.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 21
Exhibit A
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code
Sections 503.4 & D 103.6.
3.5 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.
3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment
to IFC 10-4-2J.
3.7 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in
International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
3.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
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@republicservices.com to discuss tote service for the lots on the common drive.
6. PARKS DEPARTMENT
6.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
Dedicate 37-feet of right-of-way measured from centerline of Pine Avenue abutting the site.
2. Construct Avebury Way as a 24-foot street section, with rolled curb, gutter and 5-foot wide
attached concrete sidewalks on both sides within 36-feet of right-of-way. OR
If the City of Meridian approves sidewalk on one side only, construct Avebury Way as a 24-foot
street section within 31-feet of right-of-way with rolled curb, gutter and 5-foot attached concrete
sidewalk on the south side. Construct rolled curb and gutter on the north side of Avebury Way.
Install "No Parking" signs on both sides of the street of Avebury Way.
4. Construct Kildare Place as a 36-foot street section, with rolled curb, gutter and 5-foot attached
concrete sidewalk on both sides.
5. If the City of Meridian approves sidewalk on one side of Avebury Way: Construct a pedestrian
ramp at the terminus of sidewalk on the west side of Kildare Place.
6. If the City of Meridian approves sidewalk one side of Avebury way: Construct a Pedestrian Ramp
on the east side of Kildare Place across from the sidewalk terminus on the west side. Continue
and connect the rolled curb, gutter, 5-foot attached concrete sidewalk on the east side of Kildare
Place to Avebury Way.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 22
Exhibit A
7. Construct Petersburg Way as a 36-foot street section, with rolled curb, gutter and 5-foot attached
concrete sidewalks on both sides.
8. If the City of Meridian approves sidewalk on one side of Avebury Way: Construct a pedestrian
ramp at the terminus of sidewalk on the east side of Petersburg Way.
9. If the City of Meridian approves sidewalks on one side of Avebury Way: Construct a Pedestrian
Ramp on the west side of Petersburg Way across from the sidewalk terminus on the west side.
Continue and connect the rolled curb, gutter, 5-foot attached concrete sidewalk on the west side
of Petersburg Way to Avebury Way.
10. Payment of impacts fees are due prior to issuance of a building permit.
11. 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
borne 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
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.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 23
Exhibit A
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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
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 ACHD
Commission.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 24
Exhibit A
C. Legal Description and Exhibit Map for Proposed Rezone
May 6, 2015
Description For Rezone
AVEBURY SUBDIVISION
A parcel of land located in the Northeast 1/4 of Section 7, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho:
Commencing at the Center 1/4 corner of said Section 7, Township 3 North,
Range 1 East, Boise Meridian from which the East 114 corner of said Section 7 bears
North 89°33'30" East, 2647.51 feet; Thence along the East-West Mid -Section line of
said Section 7 North 89033'30" East, 661.99 feet (formerly 661.88 feet) to a point
marked by an aluminum cap, said point being the REAL POINT OF BEGINNING;
Thence leaving said East-West Mid -Section line and along the East boundary
line of Danbury Fair Subdivision No. 5 as same is recorded in Book 70 of Plats at
Pages 7224 and 7225, records of Ada County, Idaho North 00°29'07" East, 235.01 feet
(formerly 225.00 feet) to the Southwest corner of Danbury Fair Subdivision No. 3 as
same is recorded in Book 65 of Plats at Pages 6601 and 6602, records of Ada County,
Idaho;
Thence leaving said East boundary line and along the South boundary line of
said Danbury Fair Subdivision No. 3 South 89°30'35" East, 566.77 feet to an angle
point thereon;
Thence leaving said South boundary line South 00030'27" West, 225.79 feet
(formerly 224.22 feet) to the intersection with said East-West Mid -Section line;
Thence along said East-West Mid -Section line South 89°33'30" West, 566.76
feet to the REAL POINT OF BEGINNING. Containing 3.00 acres, more or less.
Subject to Ditch and Road Rights -of -Way
ENO
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J. $
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 25
Exhibit A
DANBURY FAIR SUB NO. 3
S 89'30'35" E 566.770
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PROPOSED AVEBURY SUBDIVISION
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C /4:71661.99'
S 89'33'30" _W 566, 76' 1 /4
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... ..N 89.33'30" E 2647.51'........... . ...... ...
BASIS OF BEARING
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SCALE: 1 " = 120'
IDAHO
REZONE EXHIBIT "B" DRAWING FOR
isBo1°e
I j'_0 E WATEftTQWEA 9s,
-A
SURVEY -SLATE " N,lDAHU0d42
AVEBURY SUBDIVISION
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(zoal a461571)
LOCATED IN THE NE 1/4 OF SECTION 7, T.3N., RAE.. B.M.,
DWG. DATE
GROUP, P.C.
MERIDIAN, ADA COUNTY, IDAHO
05-05-15
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 26
Exhibit A
D. Required Findings from Unified Development Code
1. REZONE:
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 Council finds the proposed rezone to the R-15 zoning district is n"t consistent with the
MDR future land use designation for this site. The a^l eapA a:a ^^' ^ . loa the e ea
vlans aS FeEmired in Exhibit B of the staff ret)eq. with ut those details. the C=QPAH4SsiE)H fifids
r-eeuested n 15 -'vm-naistriet-'rruto for- this vivvcrrf.-s,
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed R-15 zoning district and proposed single family
residential use is net consistent with the purpose statement of the residential district because
the ai)olieant failed toe vide details of the f)reoesed home deli s to o e the
level^.... e t : ate for- this . ert... 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 Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. However, the Commission recommends that the Council consider
any oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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 11-0-3.E).
Because this application is for a rezone, this finding is not applicable. Hewevef4he
Commission finds it is net in the City's est intefest to --te the propeftv without haviRL. the
revised tans to determine :f the D 15 zoning district : aDDF0DFiate for the
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 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 Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 27
Exhibit A
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public seiTice
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 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;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The 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. The Council
considered all public testimony presented to determine whether or not the proposed
subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance. The Council considered all
public testimony presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance.
Avebury Subdivision RZ-15-008 & PP-15-007 PAGE 28