Laurels Townhouses PP MDA H-2016-0065CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0065 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement to Change the Land
Use and Building Elevations from Live/Work Units to Solely Living Units; a Rezone of 1.87 Acres
of Land from the TN-R to the R-15 Zoning District; and a Preliminary Plat Consisting of Twenty
(20) Building Lots and Seven (7) Common Lots on 1.38 Acres of Land, by Northside Management.
Case No(s). H-2016-0065
For the City Council Hearing Date of: September 27, 2016 (Findings on October 11, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 27, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 27, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 27,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 27, 2016, 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.
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
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0065 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 27, 2016, 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
preliminary plat is hereby approved per the conditions of approval in the Staff Report for the
hearing date of September 27, 2016, 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 Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-5B-3F).
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 six (6) month approval
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0065 - 3 -
period (UDC 11-5B-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 September 27, 2016
By action of the City Council at its regular meeting held on the _ _ day of or,, oUe-r-
2016.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor
Attest:
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C.by Cole
City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
BY:ck�'OIU41(ut Dated: ) o -I
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0065 - 4 -
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 1
STAFF REPORT
HEARING DATE: September 27, 2016
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Laurels Townhouses – MDA, PP, RZ (H-2016-0065)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Northside Management, has submitted an application for a modification to the existing
development agreement to change the land use and building elevations from live/work units to solely
living units. A rezone (RZ) of 1.87 acres of land is proposed from the TN-R to the R-15 zoning
district. A preliminary plat (PP) is also proposed consisting of 20 building lots and 7 common lots on
1.38 acres of land in the proposed R-15 zoning district. See Section VIII, Analysis, for more
information.
Note: The applicant’s request for preliminary plat has changed slightly since the original submittal.
A revised plat was submitted that removed the private streets originally proposed and replaced them
with a public street and alley; and the number of common area lots decreased by one.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA, PP and RZ applications with the conditions of
approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff
Report.
The Meridian Planning & Zoning Commission heard the RZ and PP on August 4 and
September 1, 2016. At the public hearing on September 1st, the Commission moved to
recommend approval of the subject RZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Scott Noriyuki, Northside Management
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Scott Noriyuki, Applicant (in agreement with staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. In favor of the mix of housing types this project will provide adjacent to multi-family
dwellings.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 2
The Meridian City Council heard these items on September 27, 2016. At the public hearing, the
Council approved the subject MDA, PP and RZ requests.
a. Summary of City Council Public Hearing:
vii. In favor: Scott Noriyuki, Northside Management
viii. In opposition: None
ix. Commenting: None
x. Written testimony: None
xi. Staff presenting application: Sonya Allen
xii. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
ii. None
di. Key Council Changes to Staff/Commission Recommendation
ii. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0065 as presented in the staff report for the hearing date of September 27, 2016, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0065,
as presented during the hearing on September 27, 2016, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0065 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 subject property is located at 2116 S. Accolade Avenue, in the northeast ¼ of Section 20,
Township 3 North, Range 1 East.
B. Applicant:
Northside Management
6810 Fairhill Place
Boise, ID 83714
C. Owner:
Corey Barton
1977 E. Overland Road
Meridian, ID 83642
D. Representative:
Scott Noriyuki, Northside Management
6810 Fairhill Place
Boise, ID 83714
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 3
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification which requires a public
hearing before the City Council; and a rezone and preliminary plat which require a public hearing
before the Planning & Zoning Commission and City Council, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: July 18 and August 1, 2016, and August 15 and 29, 2016
(re-notice) (Commission); September 5 and 19, 2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 15, 2016 and August 13, 2016 (re-
notice) (Commission); September 2, 2016 (City Council)
D. Applicant posted notice on site by: July 22, 2016 and August 16, 2016 (re-notice) (Commission);
September 16, 2016 (City Council)
VI. LAND USE
A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned TN-R.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant land, zoned C-G
South: Multi-family residential apartments, zoned R-15
East: Developed common lot, zoned TN-R; and multi-family residential apartments, zoned R-40
West: Multi-family residential apartments and vacant land, zoned R-15
C. History of Previous Actions:
In 2006, this property was annexed (AZ-06-021) with an R-15 zoning district. A development
agreement was required as a provision of annexation, recorded as Instrument No. 106141056.
A preliminary plat (PP-06-019) was also approved for Kenai Subdivision which included the
subject property. A final plat (FP-06-048) was later approved.
In 2007, the following applications were approved: a modification to the development
agreement (MI-07-015), recorded as Instrument No. 108022888; a rezone (RZ-07-016) from
the R-15 to the TN-R zoning district; a new preliminary plat (PP-07-018) for Gramercy
Subdivision; and a conditional use permit (CUP-07-018) for a multi-family development in
the R-15 district.
D. Utilities:
Location of sewer: Sanitary sewer mains intended to serve the subject site currently exist directly
adjacent to the subject parcel.
Location of water: Water mains intended to serve the subject site currently exist directly adjacent
to the subject parcel.
Issues or concerns: Applicant shall be required to abandon any existing sewer and or water
services that are not utilized.
E. Physical Features:
1. Canals/Ditches Irrigation: No irrigation ditches or canals cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 4
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN ANALYSIS
The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as Mixed
Use - Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail,
and residential dwellings and public uses near major arterial intersections. The intent is to integrate a
variety of uses together, including residential, and to avoid predominantly single use developments
such as a regional retail center with only restaurants and other commercial uses. Developments should
be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an
employment center should have support retail uses; a retail center should have supporting residential
uses as well as support retail uses; a retail center should have supporting residential uses as well as
supportive neighborhood and community services. The standards for the MU-R designation provide
an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate
mix to the developments. The developments are encouraged to be designed according to the
conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan.
The subject property is located adjacent to N. Eagle Road and E. Overland Road, both major arterial
roads. The proposed townhouse development will integrate with the existing and future multi-family
housing, retail, restaurant and commercial uses in the area and support these uses.
This site is proposed to develop with medium high-density single-family residential uses at a gross
density of 14.96 dwelling units per acre (d.u./acre) in the R-15 zoning district. The proposed
townhouse development consists of 20 dwelling units on 1.38 acres of land. The proposed use should
contribute to the mix of housing opportunities in this area adjacent to retail, office, employment and
restaurant uses near major intersections (S. Eagle Road & E. Overland Road), consistent with the plan
for MU-R designated areas.
The following items are considered when reviewing development applications in Mixed Use areas:
(Staff’s analysis in italics)
“Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23)
The proposed gross density of the development is 14.96 dwelling units/acre.
“Where feasible, higher density and/or multi-family residential development will be
encouraged, especially for projects with the potential to serve as employment, destination
centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23)
The proposed project provides for higher density single-family residential development
adjacent to S. Eagle Road and employment uses to the east while contributing to the variety
of housing options in this area. This area is predominately developed with multi-family and
single family residential uses. Staff believes the prosed townhome development will provide
additional housing options near employment and mobility corridors.
“A mixed use project should include at least 3 types of land uses; exceptions may be granted
for smaller sites on a case by case basis.” (pg. 24)
The larger area consists of a mix of commercial office, retail, restaurant and multi-family
residential uses consistent with the MU-R designation.
“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.” (3.07.01E)
Although staff is unaware of how “affordable” the proposed units will be, the medium high-
density townhouse development will contribute to the variety of lot sizes, prices and types of
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 5
housing in this area.
“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.” (3.07.03 B, pg.
56)
The proposed townhomes may contribute to the choice between ownership and rental
dwelling units in this area of the City; however, staff is unaware if these will be owner
occupied or rental dwelling 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, pg. 45)
City services are available to this development.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F, pg. 53)
The proposed townhouse development should be compatible with existing multi-family homes
to the east, south and west.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
There are no access points for this site on collector or arterial streets.
“Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc.) (3.01.01B)
A letter has been received from the Ada West School District commenting on this application.
Based on U.S. census data, the District estimates that when complete, this development will
add approximately 16 school aged children to the enrollment numbers of schools within the
Ada West district. The District estimates that the revenue required for the purchase of future
school sites is $830.00 per new home which will create the need for $16,600.00 in revenue to
purchase the school sites this subdivision will require. In lieu of this revenue, the District will
accept the donation of land appropriate for a school site (see letter to the City dated July 15,
2016 for more information).
“Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
The sidewalk across the street (E. Goldstone St.) from the subject property to the north
connects to a pathway from Mountain View High School for safe pedestrian access to the
school.
“Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02, pg. 55)
The proposed medium high-density development is located near major access thoroughfares
[S. Eagle Road, E. Overland Road and Interstate 84]. A 4-acre City Park (Gordon Harris)
exists to the southeast of this site with access via a multi-use pathway along the west
boundary of the Gramercy development.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 6
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing
development agreement (DA) (Instrument No. 108022888) is requested to change the use and
building elevations from live/work units to solely living units.
Although staff would like to see the integration of live/work units in this area, staff is amenable to
the proposed change and feels it will be compatible with existing and future multi-family and
commercial uses in the area. Staff’s recommended changes to the development agreement are in
Exhibit A.6 below.
REZONE (RZ): A rezone of 1.87 acres of land is proposed from the TN-R to the R-15 zoning
district consistent with the MU-R FLUM designation. The rezone will facilitate the development
of 20 townhome units on the site.
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. Because an amendment to the existing DA is proposed with this
application that will update the agreement in accord with the proposed plan, staff does not
recommend a new DA is required for this site.
PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 20 building lots and 7
common lots on 1.38 acres of land in the proposed R-15 zoning district.
Dimensional Standards: The lots in the proposed subdivision are required to comply with the
dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7. Staff has
reviewed the proposed plat and found it in compliance with these standards.
Building setbacks are required to comply with the setbacks noted in UDC Table 11-2A-7 for the
R-15 district.
Access: A north/south minor urban local street is proposed along the east boundary of the site. A
public alley is proposed off the local street for access to the proposed townhomes. Construction of
the alley is required to comply with the standards listed in UDC 11-6C-3B.5 and Fire Department
standards.
Landscaping: Landscaping is required along the pathway in Lot 7, Block 1 and Lot 7, Block 2 in
accord with the standards listed in UDC 11-3B-12C as shown on the landscape plan. Street buffer
landscaping is not required with this development although the landscape plan depicts
landscaping adjacent to S. Tavistock Avenue and the public street along the east boundary of the
site.
Sidewalks: Attached sidewalks exist around the north, west and south boundaries of the site
adjacent to existing local public streets and a 5-foot wide detached sidewalk exists on the east
side of the proposed north/south street. A 5-foot wide (attached or detached) sidewalk is required
to be constructed along the west side of the proposed north/south street in accord with UDC 11-
3A-17.
Pathways: A north/south pedestrian pathway is proposed mid-block between E. Blue Tick St.
and E. Goldstone St.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 7
Common Open Space & Site Amenities: Because this site is below 5 acres in size, there is no
minimum requirement for qualified open space and site amenities. However, open space and site
amenities were provided with the Gramercy Subdivision No. 1.
Parking: Off-street parking shall be provided as set forth in UDC Table 11-3C-6 for townhouse
units. For 2 and 3 bedroom units, a minimum of 4 vehicle spaces are required per unit, at least 2
in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad.
Fencing: No fencing is proposed with this development. All fencing should comply with the
standards listed in UDC 11-3A-7.
Waterways: There are no open waterways on this site.
Utilities: 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.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in
the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by
the Homeowner’s Association.
Storm Drainage: A storm drainage system is required for the development in accord with the
City’s adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is
proposed to be retained in an onsite detention area in accord with ACHD requirements.
Building Elevations: Conceptual sample building elevations for townhomes within this
development have been submitted as shown in Exhibit A.5. All townhouse structures are
required to comply with the design standards listed in the Architectural Standards Manual.
An administrative design review application must be submitted and approved to the
Planning Division prior to applying for a building permit
Staff recommends approval of the proposed MD, RZ and PP applications with the conditions
included in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 8/25/16)
3. Proposed Landscape Plan (dated: 6/22/16) - NOT APPROVED
4. Existing Brownstone Elevations (Live/Work Units)
5. Proposed Conceptual Building Elevation Samples
6. Proposed Modifications to Development Agreement (Instrument No. 108022888)
B. Agency & Department Comments/Conditions
C. Legal Description and Exhibit Map for Rezone
D. Required Findings from Unified Development Code
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 8
Exhibit A.1: Vicinity/Zoning Map
2020
2867
2131
3015
3085
1965
3175
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2289
3135
2257
1875
30001800
29
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3
2450
1736
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2069
16301626
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2667
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4
8
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2
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3
25
5
1
26
2
9
26
7
7
2490
2283
25
8
2
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5
6
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4
0
1998
2410
2428
2452
2582
2570
2343
1
9
6
4
20
2
7
20
1
5
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3
3
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8
7
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1
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2
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8
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2
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2000
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2609
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29
3
6
29
1
8
2520
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28
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0
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2
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1940
3077
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1869
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2989
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4
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EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 9
Exhibit A.2: Proposed Preliminary Plat (dated: 8/25/16)
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 10
Exhibit A.3: Proposed Landscape Plan (dated: 6/22/16) - NOT APPROVED
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 11
Exhibit A.4: Existing Brownstone Elevations (Live/Work Units)
Brownstones (Live/Work Units)
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 12
Exhibit A.5: Proposed Conceptual Building Elevation Samples
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 13
Exhibit A.6: Proposed Modifications to Development Agreement (Instrument No. 108022888)
4.3 The home occupational uses within the Brownstone (Live/Work units) shall adhere to the home
occupation requirements in accordance with UDC 11-4-3-21.
4.4 Permitted home occupation uses shall include: professional offices {i.e. attorney, accountant,
architect), art studio (i.e. photography, painting, graphic design (and specialty retail (i.e.
custom jewelry, arts and crafts).
4.5 Prohibited home occupation uses shall include restaurants, coffee shops, food preparation,
personal service (i.e. hair, tanning, nail salon),r etail and other uses that create high volumes of
traffic
into the residential portion of the development.
4.6 The proposed townhomes and multi-family buildings shall be constructed with high quality
materials, including but not limited to, stucco with substantial brick or stone accents. Elevations shall to
substantially conform to the elevations submitted with PP-07-018 and CUP-07-018 H-2016-0065 and
comply with the design standards listed in the Architectural Standards Manual.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 14
Exhibit B: Agency & Department Comments/Conditions
1. PLANNING DIVISION
1.1 Within six (6) months of Council’s approval of the amended development agreement findings and
prior to submittal of a final plat application, the developer shall sign and obtain Council approval
of an amended development agreement that reflects the modifications listed in Exhibit A.6.
1.2 Site Specific Conditions of Approval
1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and
building elevations included in Exhibit A, the conditions of approval listed herein, and the
provisions of the amended development agreement.
1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-
3A-7 and 11-3A-6B.
1.2.3 The preliminary plat included in Exhibit A.2 is approved as submitted.
1.2.4 The landscape plan included in Exhibit A.3 shall be revised as follows:
a. Revise the landscape plan consistent with the revisions to the preliminary plat shown in
Exhibit A.2.
b. Include a minimum 5-foot wide sidewalk along the west side of the north/south public street
in accord with UDC 11-3A-17.
1.2.5 A design review application shall be submitted for approval of all townhouse structures prior to
applying for a building permit. Design of the structures shall comply with the design elements in
the Architectural Standards Manual.
1.2.6 A final plat shall be recorded for this property prior to applying for building permit s.
1.2.7 Construction of the alley is required to comply with the standards listed in UDC 11-6C-3B.5.
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 11-3B-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 11-3B-5J.
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 11-3B-
11C.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 15
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 11-3B-10.
1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.12 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to abandon any existing sanitary sewer and/or water services that are
not utilized in the proposed development. The appropriateness of utilizing any existing services
will be determined during development plan review due to their locations being substandard.
2.1.2 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_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
conformance 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 be dedicated using the City of
Meridian’s standard forms. Applicant shall 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. 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 9-1-28.c.1). The applicant shall 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.
2.2.5 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.
2.2.6 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
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 16
(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.
2.2.7 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.
2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
and acceptable roadway access shall be in place, prior to applying for building permits.
2.2.9 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.
2.2.10 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.
2.2.11 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.
2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.14 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.15 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.
2.2.16 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.
2.2.17 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.
2.2.18 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.
2.2.19 100 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.
2.2.20 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
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 17
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. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 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.
4.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.6 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.
4.7 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation i s to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.9 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.10 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
5. REPUBLIC SERVICES
5.1 The applicant shall coordinate with Republic Services regarding trash service for these lots.
6. PARKS DEPARTMENT
6.1 The Parks Department did not submit comments on this application.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 18
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 For the north-south street, the applicant may:
a. Construct the north-south street as a minor urban local street with a width of 24-feet from
back-of-curb to back-of-curb, with curb and gutter, within 28-feet of right-of-way. The
applicant should construct a five-foot wide concrete sidewalk on the west side, located within
a sidewalk easement. “No Parking” signs shall be installed.
OR
b. Construct the north-south street as a public alley that is 16-feet wide within 20-feet of right-
of-way. “No Parking” signs shall be installed.
7.1.2 Construct the east-west street as a public alley that is 16-feet wide within 20-feet of right-of-way.
“No Parking” signs shall be installed.
7.1.3 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner (see below) for information regarding impact fees.
7.1.4 Plans shall be submitted to the ACHD Development Services Department for plans acceptance,
and impact fee assessment (if an assessment is applicable).
7.1.5 Comply with the Standard Conditions of Approval as noted below.
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, 7203.6, 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 day 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.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 19
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.
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.
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 20
Exhibit C: Legal Description and Exhibit Map for Rezone
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 21
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 22
Exhibit 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 City Council finds the proposed density and associated R-15 zoning is consistent with
the applicable provisions of the Comprehensive Plan in regard to the MU-R future land use
map 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 map amendment and subsequent development will
contribute to the range of housing opportunities available in the City.
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 materially
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).
Because this application is for a rezone, this finding is not applicable.
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 density, 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
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 from public service
providers.)
EXHIBIT A
Laurel Townhouses MDA, PP, RZ H-2016-0065 PAGE 23
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;
The City Council finds there is financial capability of supporting services for the proposed
development based upon comments provided by the public service providers (i.e., Police,
Fire, ACHD, etc.). (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 finds the proposed development will not be detrimental to the public health,
safety, or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council finds there are no natural, scenic or historic features that need to be
preserved with development of this property.