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Quenzer North Subdivision AZ 05-063 ,., ,ï ë- ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04127106 02:02 PM ~~~.~;~E~:a~~~~~:~ OF 1111111111111111111111111111111111111 Meridian City 106064914 AMOUNT .00 38 -----' DEVELOPMENT AGREEMENT PARTIES: City of Meridian Brighton Development Inc, Owner/Developer Vanessa M. Klaus, Owner 1. 2. 3. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this G'*'- day of I!'J'!!:/ t. ,2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY' , Brighton Development Inc, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 hereinafter caUed "OWNERIDEVELOPER", and Vanessa M. Klaus, whose address is 4055 N. Locust Grove Road, Meridian, Idaho 83642, hereinafter caUed "OWNER". 1. RECITALS: 1.1 WHEREAS, "OWNERIDEVELOPER" and/or "OWNER" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in fuU, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "OwnerlDeveloper" and/or "Owner" 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 Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 1 OF 12 , "'- 1.9 1.10 - Council, as to how the subject "Property" wi]] be developed and what improvements wi]] be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 28th day of February, 2006, has approved certain Findings of Fact and Conc1usions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNERIDEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and WHEREAS, "City" requires the "Owner/Developer" and/or "Owner" 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 tenns and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation trom government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan ofthe City of Meridi an adopted August 6,2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 2 OF 12 .,. , ,- 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, tenus, 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: 3.4 4. 3.] "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and govelllment subdivision of the state ofIdaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho A venue, Meridian, Idaho 83642. 3.2 "OWNERIDEVELOPER": means and refers to Brighton Development Inc., whose address is 12601 West Explorer Drive, Suite 200, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property" . 3.3 "OWNER": means and refers to Vanessa M. Klaus, whose address is 4055 N. Locust Grove Road, Meridian, Idaho 83642, the party who owns a portion of said "Property" and shall include any subsequent owner(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R -8 zone, and the pertinent provisions of DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 3 OF 12 , ,C the City of Meridian Comprehensive Plan are applicable to this AZ 05.063 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated November 11, 2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUPIPD applicaÜon. An future buildings shaH require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building pennit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 1. That all future uses shall not involve uses, activiÜes, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 4. That the applicant be responsible for all costs associated with the sewer and water service extension. 5. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 4 OF 12 , . 6. That prior to issuance of any building pennit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 7. That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon vacancy of the property by the current owner (Vanessa M. Klaus). The number of horses shall not increase above the number housed on the property as of March 1, 2006. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" and/or "Owner" or "Owners/Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNA TION: "Owner/Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and/or "Owner and if the "Owner/Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" and/or "Owner" 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 tenns and conditions of this Development Agreement and an other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 5 OF 12 - -. 10. DEFAULT: 10.1 10.2 In the event "Owner/Developer" and/or "Owner", or "Owner/Developer' s" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the tenns and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or tenninated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owner/Developer" and/or "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, inc1uding all of the Exhibits, at "Owner/Developer's" and/or "Owner's" cost, and submit proof of such recording to "Owner/Developer" and/or "Owner", 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer" and/or "Owner", 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerlDeveloper" and/or "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 6 OF 12 cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the perfonnance of any covenant to be perfonned hereunder by either "Owner/Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such perfonnance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonnance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5- 3, to insure that installation of the improvements, which the "OwnerlDeveloper" and/or "Owner" agree to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OwnerlDeveloper" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" and/or "Owner" agree to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. 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: OWNERßDEVELOPER: DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 7 OF 12 ------- -- .- . c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Brighton Development Inc. 12601 West Explorer Drive, Suite 200 Boise, ill 83713 OWNER: Vanessa M. Klaus 4055 N. Locust Grove Road Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 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. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tennination or forfeiture of this Agreement. 19. 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. 20. 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" and/or "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 8 OF 12 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" and/or "Owner", to execute appropriate and recordable evidence of tennination of this Agreement if "City", in its sole and reasonable discretion, had detennined that "Owner/Developer" and/or "Owner" has fully perfonned its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OwnerlDeve10per" and/or "Owner" 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/or "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 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. 23. 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. DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 9 OF 12 ----, ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER :¡::z;' rn c.. By: David W. Turnbull OWNER J~~/(ß-- Vanessa M. Klaus CITY OF MERIDIAN ~ ,{¿[~ cf BY: /~,.-;r/?; MA YOR T A Y de WEERD . .. ~1~2. t¥I;~1vn(;c;k -I-fe-I)I; ,,\ r: l,.I\C- Iff ,\\ ..,¡ Or 11W¡¡Q'~rh. II'"" ",.-- :(. "\ ..--- 'YY#/f'... "'i j:' c) J1j>?lPo.~)f'. ."?" ~ k:h~l : §=;LT~: J ~ (::\ (ð~ , '. CITY CLERK 1:- 1'/\ ""("ar 1<:1:"( . '\ .D f , ~ ~ ~ ~ ~ '/" ""f, -...~-. ~", - ,.;:. -:~'1 (.~.~,,' N'~1"{ , ':>' lill'-_--""""'II' ",,\\,-, , I, 5; ..;' ¡ ;'\ ¡ \\'," Attest: DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 10 OF 12 STATE OF IDAHO, ) : ss County of Ada, ) On this~ day of A(ý~ ,2006, before me, the undersigned, a ~ota~ Public in and for said Sta~e, personally appeared David W. Turnbull, known or, . 'k IdentIfIed to me to be the ---B< '5. l..A..~"l\ ' of M & H Døvelopm~t, fY' "'Õ ~ Y'-.. ~ ~~, acknowledged to me that he executed the same on behalf of said corporation. ~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s~~~tm'"åy'~ year in this certificate first abov written. ~. GCCA it " rl' o.y . ~. " ~. <cÞv ."""',,7.., \. I <fi ", ",1--: *- I ,'140T J'b. . .". \ -: <:J: t- ,1ft . " r,- (SElL) ,- -'- : ! : \, þ ,-': , IP. \ (J'B,L\C I ': to:';'... ,: <:0;, ..,- -'" , '.": l" '#"f ~"~""" ~o' Ii '" Op 11> It. ,," "",......."" STATE OF IDAHO, ) : ss County of Ada, ) On this ~ay of ~<'-~, 2006, before me, the undersigned, a Notary Pub1ic in and for said State, personally appeared Vanessa M. Klaus, known or identified to me to be the person who signed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have here to set my hand and affixed my official seal the day and year in this certificate first a v written. w """""""" ......" -cCA A"" .. ß.~' "1. b " ...." ¿Y ,"""" .T.,d "I "~J.8~ " 'f , ~r.'M,¡Ll OT" -', ~ \ .. 't-l 4'h '-r - . :: "1:J.- \ 1ft: otary - hc Idaho. .. , , ,- : : -'- ',,: Residing i ;, Þ UB L \ C ,; i M C ... . fo ~. " ,'--: y ommlSSlOn xplfes: " -1' "" "" '" 'Pi! -,...." ~O ~.. "". Op ro It. " ,..to" "'~ - ", DEVELu~M't' AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 11 OF 12 ,--- STATE OF IDAHO) : ss County of Ada ) On this~ day of ~, 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, 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. .._8. .... .. A.M .. ..~~~--_.~:~~JÞ~.. . /~OTA '~. . ' \.~ ~~~ ,V"" (stAt:.) ~\~: . : : . . I I . . \ , . .~ '. ' . -~ '4..... ,/ .8 ~~..v~tC~~~... .. . .Olf' m~.~,... "'.... DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 12 OF 12 . Legal Description Exhlbi + \A' Rois~, fdal (,! 837()4 (2011) 376.5000. /'ax (l08) J76-jj~6 Pcojo;t No. OI-045~OI Date; Novcmber 10, 2005 Q[JENZER NORTH REZONE DESCRIPTION A parcel of/and being Parcel No. I, as shown on RccordoOf.,SuIVcy Number 3774 of Ada Counly Records, which parcel is a portion of Lot J 3 of Creslwood Subdivision No. I. aI/located in the SE 1/4 of the NE 114 of Section 31, T. 4 N., R. IE-. B.M.. Ada Counly, Idaho, more panicularly described as follows: Commencing at the section comer common to Seclions 3 I and 32 of said T. 4 N,. R. 1 E., and Sections 5 and 6 ofT. 3 N., R. I E., B.M.; Thence North OOð31 '35" East, 2659-04 feet on /he section line COtnnlon to said Sections 3 I and 32 to the 114 section corner COmmon 10 said Sections 3 J and 32; Thence leaving said ¡¡ection line, North 89°46'20" West. 1317.76 feet on the east-west mid-section line of said Section 3 I to the cenler.east 1116 th sectioll corner of said Section 3], said point being the REAL POINT OF BEGINNING; Thencc leaving said mid-section line, North 00°35 '27" East, 332.36 feel (fonnt:rl.r described is Nortli bO&(ff'~2" eåii) on -ìhe ñõrtli~S(IUt/i- ïll (rib sCc1iöi1 .lúie oFtile ÑË ii4" of said Section 31, said line also being !be weslerly boundary line ofCrestwood Subdivision No. 1, a.~ same is shown on the PIal thereof recorded Îl1 Book 28 of Plats at Page 1757 of Ada County Records. to the northwest corner of Lot 13 oflU\id Crcstwood Subdivision No. J; Thence South 89°46'20" East. 658.79 feet (fonnerJy described as North 89°40'05" East) on the lot Iioe common to Lots J 2 and 13 or said Crestwood Subdivision No. J to !b_e northeast comer of said Parcel No.1 of Record-of-Survey Ntllllber 3774; Thence South 00"34'31" West, 332.36 feet (fonnerly dC8CIibcd as South 00°00'56" Wesl) on the parcel line cornmon to Parcel No. I and Parcel No. :2 of aaid Record-DC-Survey 10 the 8Outbctly comer common to said Paœel No.1 and Paœel No.2, said point being on the east-west mid-section line of said Section 3 I ; Thence Nonh 89"46'20" West. 658.88 reel 011 the: ca..~t-WC8t mid-section line and th,o southerly parcel linc ofsnid Pu,-ccl No, 110 Ihe real poinl ofhl.'ginning. Said parcel contains 5.0:' acres nwr,' or less. Qu<ft>CrN.. ItllI_I)ac~", PREPAJŒO BY: J-:n2iru.','rilll: :-¡""IIi\\I'~I.I.'-C J"'au R. Wasllbura, PLS I'.~. I of r \ E~h, b+ \ B I H~L;J!jl V ßV MAR 0 3 2006 ~"ity fMeridian . ' lerk Office - [ I1Y IF -r:~, '.' otGndia:H - ,;\ I IL}.\H() Ý \... J ~!ot" I' ~> - -~'" j.J' --- -",-!:~ 1,.,-",,",' "~!f -'~ "'ow., ,,~-- - ,it; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Prelinúnary Plat (PP) approval of 12 building lots and 1 common/other lot on 5.47 acres, by Bdghton Development. Case No(s).: AZ-OS-O63 and PP-O5-063 For the City Council Hearing Date of: February 28, 2006 A. Findings ofFaet 1. Hearing Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28,2006 incOlporated 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § lI-5A. CiTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-063 I PP-O5-063 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received ITam the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Warks Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 1l-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 11,2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the February 28, 2006 City Council hearing: a. Modify the last bullet of the Development Agreement to read: "That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The nUIt1ber of horses shall not increase above the number houseq on the \JroDertvas of Februarv 28.2006. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a final plat within two (2) years ofthe approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable roaIU1er, " CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.O5-063 / PP-O5-063 - PAGE 2 of 4 and contonns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the tennination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty~eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that tms is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 28,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.OS-O63 / PP~OS~O63 - PAGE 3 of 4 VOTED~ VOTED It<" Q - VOTED~ VOTED ~ a . By action of the City Council at its regular meeting held on the ;1'6 tL-.¡ re-~-- , 2006. - Q COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD day of VOTED -- MAXOR' íf¡ de WEERD ,\\' f - (// ,,\ ~t a 'I..;i","~'" 11/ " .11." "";VI. "'... ", à" --, ""1'1,. ".-,. ! ....-rpfl,PC¡;Z'1 ~ðJ' \ ~ ~ ~ f ~.,:., ,~' ~~. ~ ~ <iE """",,,,-""<>" Sf f '- ~,L\.o ... ~ "ô. -, lG"": ' ~! "" ~ n.~ '" '10 ß.... - - \v '\'-. / A I' III" ,~T'l, ,\"" PP lcant "'l/III,,:, 111""\\ ,,- Planning Department L/'"".Public Works Department B~ity Attorney Dated: 3 - ð' - 0lÐ ATTEST: Copy served upon: CITY OF MERIDfAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-063 / PP-O5.063 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 STAFF REPORT City Council Hearing Hearing Date: 2/28/2006 Mayor, City Council Josh Wilson, Associate City Planner Quenzer North Subdivision Dlfe;ìdi~\ I, " UJAttU JIj '~... ¡t,,- ~ ~, -h,'i. ',"",' >"" - = .1,'!<.!,.ü",' ~,.--- "t;¡j TO: FROM: SUBJECT: . AZ-05~O63 Annexation and Zoning of 5.03 .acres from RUT to R-8 zone . PP-O5-063 Preliminary Plat of 12 single family building lots and 1 common lot on 5.47 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brighton Development, has applied for Annexation and Zoning (AZ) of 5.03 acres from RUT (Ada County) to R.8 (Medium-Density Residential) and Preliminary Plat approval of 12 single family residential lots and 1 common lot on 5.47 acres. The site is located north of Leigh Field Drive and west ofN. Locust Grove. Tbis site currently contains a rural residence, and a portion of the property has been previously annexed and platted as Lot 10, Block l3 of Quenzer Conunons Subdivision No.9. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Jay Walker ii. In opposition: Mike Sweet Hi. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None; b. Key Issues of Discussion by Commission: i. Percentage of site dedicated to landscaped open space and removal of an open space from a previous platted phase of Heritage Commons Subdivision. c. Key Commission Changes to Staff Recommendation: i. Add a condition which states: Lot 6, Block 31 and Lot 16, Block 13 shall be restricted to single story homes. ii. Add a condition which states: Vinyl fencing shall be installed by the applicant on the north and east boundaries ofthe subdivision. iü. Amend the last bullet of the Development Agreement to state: That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs flISt. No new horses shall be added to the property. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Quenzer North Subdivision AZ~O5-063, PP-O5-O63 PAGEl , ------" CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 I move to approve File Numbers AZ-05-063 and PP-O5-063 as presented in the staff report for the hearing date of February 28,2006, and the preliminary plat dated November 11, 2005 with the following modifications to the conditions of appro va I: (add any proposed modifications). Recommend Denial (All Applications) I move to deny File Numbers AZ-05-063 and PP-O5-063 as presented in the staff report for the hearing date of February 28,2006, and the preliminary plat dated November 11, 2005 for the following reasons: (you must state specific reasons for denial). Continue (AU Applications) I mOve to continue the public hearing for File Numbers AZ-O5-063 and PP~O5-063 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of Leigh Field Drive, west ofN. Locust Grove Road BII2, Section 31, T4N RIE b. Owners: 1. Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 2. Vanessa M. Klaus 4055 N. Locust Grove Road Meridian, ill 83642 c. Applicant: Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 d. Representative: Jason Davies, Engineering Northwest, LLC e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Mixed-Use Neighborhood (Neighborhood Center) g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit AI): November 11, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 1, 2005 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC Il-5B~6, a public hearing is required before the City CoW1cil on this matter. b. Newspaper notifications published on: January 2 and 16, 2006 c. Radius notices mailed to properties within 300 feet on: December 23,2005 Quenzer North Subdivision AZ.O5-063, Pp.O5-063 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 d. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s); Vacant land, common landscape lot for Quenzer Commons Subdivisioll No.9, and a rural residence b. Description of Character of SulTOWlding Area.: c. Adjacent Land Use and Zoning 1. North: Existing rural residence, zoned RUT (Ada County). 2. East: Existing rural residence, zoned RUT (Ada County). 3. South: Quenzer Commons Subdivision, zoned R~8. 4. West: Cobre Basin Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: Extension of mains in E. Leigh Field Drive. Extension of mains in E. Leigh Field Drive. None. Issues Or concerns: 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: R~8 7. Size of Property: 5.74 acres f. Subdivision Plat Information 1. Residential Lots; 12 2. Non.residential Lots: 1 3. Total Building Lots: 12 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 13 7. Open Lots; 1 8. Residential Area: 5.74 9. Gross Density: 2.19 units per acre (2.41 net density) g. Landscaping 1. Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. Quenzer North Subdivision AZ-OS-O63, PP-OS-063 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: .12 acres/2.17% 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11- 3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (ODC 11-3G-3E2). h. Proposed. and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) Front (Garage) Side 15 feet 20 feet Rear 4 feet 12 feet Max. Building Height 35 feet Min.. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (Private, public, common drive, etc.): The access to the development will be from Leigh Field Drive and the proposed extension to N. Quenzer Way. Please see ACIID report for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exbibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Tills property is designated "Mixed-Use Neighborhood (Neighborhood Center)" on the Comprehensive Plan Future Land Use Map. Mixed Use Neighborhood areas are anticipated to contain from three to eight dwellings per acre (see Page 95 ofthe Comprehensive Plan.) The proposed Preliminary Plat includes 12 single~family lots on 5.74 acres for a gross density of2.19 dwelling units/acre (2.41 net). Stafffmds that the large lot proposed to remain around the existing residence reduces the density significantly and the development substantially complies with the intent of the density range for the designation. At such time that Lot 7, Block 31 redevelops, the density of the development will fall with the three to eight units per acre noted for Mixed Use Neighborhood areas of the Comprehensive Plan. Staff fmds that the following Comprehensive Plan policies apply to this application: . Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. . When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner; . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction qf the Meridian City Fire Quenzer North Subdivision AZ-OS-063, PP-OS-O63 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of' FEBRUARY 28,2006 . Department, who currently shares resource and persannel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should stiffer no revenue loss as a result qf the subject annexation. . . . Municipal, fee-supported, servicej' will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. A six-foot tall closed fence has been proposed around a portion of the perimeter 0/ the development. and there is existing fencing on the remainder. Prior to house construction, fencing should be constructed around the perimeter of this site. . Chapter VII, Goal N, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing residential propertie$ to the south and we,ft are compatible with the proposed development. . Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiwns, etc.) for the pwpose of providing the City with a range of affo:.:dable housing opportunities. The subject application includes a request for the R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDe 11-2A-2 lists multifamily developments as a Conditional Use. b. Pwpose Statement of Zone: The pwpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range- 10. ANALYSIS Quenzer North Subdivision AZ-OS-O63, PP-OS.O63 PAGE 5 CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 B. Analysis of Facts Leading to StaffReconunendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic. noise, smoke, fumes, glare or odors. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. e licant hall ontact the Ci ttome. , Bill . r at 888-4433 to initiate ills process within 18 months of CitY Council approval of the annexation reauest. The DA shall incorporate the following: . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. . That the applicant will be responsible for all costs associated with the sewer and water service extension. . That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when seIVices are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . That prior to issuance of any building pennit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. . That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the CUTI'ent owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, wlùchever occurs first. The number ofh se sha not incr se abov the number hous on the ro en as ofFeb 28 2006. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Quenzer North Subdivision AZ-O5-063, PP-OS-063 PAGE 6 CiTY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Livestock: The property cun-entl)' contains livestock (horses) that the applicant has requested be allowed to remain on Lot 7, Block 31 which is the existing home. Staff recommends that the horses should be allowed to stay until either vacation of the property by the current owner or January I, 2010, whichever OCClli'S first. This stipulation shall be made part of the Development Agreement. 2. Parkwavs and Landscaped Open Space: The applicant is proposing to set aside .12 acres (2.1 % of the property) for open space. UDC 11-3G-3 requires that all subdivisions of 5 acres or more shall provide a minimum of 5% of the gross land area ìn landscaped open space. The applicant is also proposing parkways which are five feet in width and are proposed to contain Class n trees. UDC 11-3A-17 requires that parkways which contain Class n trees be a minimum of eight feet in width without root bamers, or six feet in width with root baniers which meet specific requirements. Any parkways of at least eight feet in width which contain street trees may be counted toward the five percent landscaped open space requirement (UDC 11-3G-5), provided that driveway cuts are subtracted. The area of the plat depicted as Lot 11, Block 13 and Lot 1, Block 31 was platted as a common open space lot in Quenzer Commons Subdivision No.9, which lies immediately to the south of the subject property. The applicant has received Alternative Compliance approval from the Meridian Planning Department to place a portion of N. Quenzer Way across the open space lot. Staff has not, however, approved the conversion of the west half of the common lot to a building lot, as shown on the submitted preliminary plat The Commission and Council should consider whether the elimination of the approved open space lot from Quenzer Commons Subdivision No.9 is appropriate. Staff recommends that the preliminary plat and landscape plan be modified to increase the parkways to eight feet in width, and the applicant should provide the Planning Department with revised open space calculations that reflect the included parkways. The applicant should be prepared to demonstrate at the public hearing how the 5% minimum landscaped requirement will be met. 3. No Parking: N. North Quenzer Way is proposed as a 29 foot street section and parking shall not be allowed on either side of the street. The street shall be signed as "No Parking" per the Meridian Fire Depanment's comments. 4. Pressure Inillation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13~8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized inigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 5. Fencine: The applicant has submitted a detailed fencing plan (on the landscape plan dated December 1,2005) with the preliminary plat application for the subdivision. Staff Quenzer North Subdivision AZ-05-063, PP-05-063 PAGE 7 CITY OF' MERIDfAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 is supportive of the fencing proposed. All perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right -of-way. All fencing should be installed in accordance with UDC 11-3 A - 7. 6. Conunon Areas: Maintenance of all common areas shall be the responsibility of the Quenzer North Home Owners' Association. 7. Ditches. Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natlU'al watezways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Staff recommends approval of AZ-05-063 and PP-05-063 for Quenzer North Subdivision as presented in the staff report for the hearing date of January 19, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this reconunendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: November 15, 2005) 2. Landscape Plan (dated: November 11, 2005) B. Conditions of Approval I. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Quenzer North Subdivision AZ.O5-063, PP..o5-063 PAGE 8 CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 A Drawings 1. Preliminary Plat (dated: September 13,2005) POOR COPY, ~ -~111!. oŒ::i' eÄ-..w::..~~~ :~"':.1("J.; ~" "-':';~ ~),. l~:-:c " -~-L,. JIL" ~-=-.~' .. - - . ,,---. --'. -- ,: ; i ".. 1 -':'-'-'- ~ .-- .---------;-,..,--., ---.--..--"..--.... .. .' ,"-.,.:--/ - ,-.'--'ì"'----- ----'----"'- . , -( ~: "'" "i, , ~ J ,--t -- 1: ~,~ ~ :1 , ';;1 ,;0 , , I ". I ' , , r z :)~' ~ ~ ~I~ - . ,>.( , .. J:! ~~,,~¡ -"..._--- ~";":=;-,. ..-"----",,, : ~ç. , -,* '\ ,.~ A - II II r 1'\ e J \. ¡ -- ~-_..J í I ~ I l '--..,-j roo, : . _..-/~- I r';.f"j I 'I 111fi f HII~ I ! I rI~ Ilf! 1.1 r "t:"¡.! i" l'~~ -; -'~_. . Ii ,I ,,! t.,"L - P~f¡ Ii H:; . ! 1\ ;!- . ~ Iii - ~W ;.fJ!Jì - r I " J . ~ . .-- . ,I_.j! ill --~""",,\ /'--. t l' \ ", /' t -. ',--....-' "~ ~, ~,.._--~-- 'i : ----,_J ~, : -----J . .,,_.__._~.....- . . . . ~ 11m' !.n¡ 1St>' 'Ii' !' ~ii ; I!U II' ' ¡ I I~ '11- ~~l~~~ ' HI ~ ~ ~ mJ It' u' . , ! j J ; j , " .: ï ¡ ., ; j Ii; , , ì . -- t~ IHIII,' lI:qi,'¡,q:P!i1 if. PUP",,', Jì qr' IPI I .lIf i i H , I r n I PI' --"".,---.1 . Exhibit A CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2. Landscape Plan (dated: September 9,2005) J I i 'I ~!1i ~ q f nil!! I ¡ /I ¡¡Ilii I I"iì g I I I! fqq!li Î , d ,if' f f II I , , , , ',1,1 ~nn . , I I. . . < "1.1 " H ! I~ IHH~ '~ iji' ~ .6 'Õ I~ ':r;" ,. cOd I~ , Z ìlflP i Ii i~ !¡!~I '}t ~ ifff1 J II,~ 'II! ~ !f,O !I, POOR COpy <> - .., - - m - "- ~-- " 01 " \ ,\ ' ,,- - "-.,'\ "~I ':.- . - _J/_'-'_:" - ' '-~---""i)) 1 ". ~-;--., , ,., 'I ¡ 1< : ~~ ~- ".~" " \:",- , ' ~,:..~ 'f~:\',:: '- I" ~ ""-:;;",~,,\", ¡ìl =--J.~:: \:c:,', '.",,'-'.., ". ,:-' :':, , gll '. 1=' II ( Y. " "-:",.'-~'~-~-'~~',.",,,,-~'~::"\' '. "",I -, if~ il 1í¡¡ f "' "---'-"-~--""'ê--"""---::;, ,~'~, ~.~~.I ii~ oa ~~¡¡ j ,':,:':::':-,i'~"'"I:;:'~'~'I; ".. ~f'!. Ii ¡ ç , "I' . 0 ' ~ " , ',': i":¡ , i ~:~¥--~~; ¡ 'j ¡ I . I " ,- .,' '" I~" ~ ¡ " j -' ;~!:,,;;;;C ' : ,-~_m"T>,;r."~."--j I "",-. .~ I I iJi ," , ,e ;", ,c. ;~:1': ': """'" """'" :::~~; i1 , r ~I i 'flf;¡~ ~~~ - . - , Exhibit A ,,----- -- ._"",. -- -, "" ----, ,,- ,~,. l<pI11;I' 1.2 1.2.1 1.1.2 1.2.3 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXA nON COMMENfS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The aoDlicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process within 18 months of City Council approval of the annexation r~uest. The DA shall incorporate the following: . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes. glare or odors. . That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. . That the applicant will be responsible for all costs associated with the sewer and water service extension. . That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non~domestic puxposes such as landscape i1TÏgation. . That prior to issuance of any building permit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. . That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs Brst. The number of horses shall not increase above the number housed on the DroDerty as of February 28. 2006. SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as Sheet No.1 prepared by Engineering Northwest, dated November 11, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-O63) shall also be considered conditions of the Preliminary Plat (PP-OS.O63). Maintenance of all common areas shall be the responsibility of the Quenzer North Subdivision Homeowners' Association. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11~3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility caIUlot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 1.2.4 Per ODC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and watelWays being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. GENERAL REQUlREMENTS-PRELIMINAR Y PLAT 1.3 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-I7. The City of Meridian requires that pressurized inigation systelIl.5 be supplied by a year-round source of water (MCC 12.13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well SOurce is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An Wlderground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.2 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences should taper down to 3 feet maximum within 20 feet of all right.of-way. All fencing should be installed in accordance with UDC ll-3A- 7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All ilTigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless othelWise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or teans of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed vía extension of mains located in E. Leigh Field Drive. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fOIDlS of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Water service to this site is being proposed via extension of mains in E. Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate 2.2 Exhibit B 2.11 2.12 2.13 2.14 2.15 2.16 2.17 Exhibit B CiTY OF MERTDTAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2.3 main size and routing with Public Works. The applicant shall be responsible for payment of assessments and the actual physical hook-up for the existing house to municipal services. The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "rillal draft" being required prior to final plat signature on the last phase oftbis project. If it is to be owned and maintained by an Inigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water (UDC 11-3B-6). 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 cO1Ulection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. All existing structures shall be removed prior to signature on the final plat by the City Engineer. Revise note 2, to dedicate an easement for public utilities as well as for drainage and inigation. Also graphically depict on the face of the fmal plat where these easements will dedicated. Any existing domestic wells and/or septic systems within this project shall be removed ftom domestic service per City Ordinance Section 9-1-4 and 9a4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amOunt of 110% will be required for all uncompleted fencing, landscaping, amenities, presswized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the [mal plat per Resolution 02-374. 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. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. 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. 2.4 2.5 2.6 2.7 2.8 2.9 2.10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2&,2006 2.18 The engineer shall be required to.certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shaH be installed at subdivider's expense. Typical locations are at street intersections and/or fIfe hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company, The street light contractor shall obtain design and permit ftom the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration 0[2 hours to service the entire project. Fire hychants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2.19 2. Acceptançe of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the Íue hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. , g. Fire hydrants shall be provided to meet the requirements of the IFe 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 proj ect. 4. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The roadways shall be built to Ada CO1.Ulty Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. Exhibit B 5. 6. Exhibit B CITY OF MERIDIAN PLANNING DEPAR1MENT STAFF REPORT POR THE HEARING DATE OF FEBRUARY 28,2006 11. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection( s). 12. Provide exterior egress lighting as required by the futemational Building & Fire Codes. 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (ODC 11-3B-I0) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC II-3B-IO) will be followed. 6. SANITARY SERVICE COMPANY 1. Provide a minimum. 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Construct a 5-foot attached (or detached) concrete sidewalk on the north side of Leigh Field Drive abutting the site. Dedicate adequate right-of-way for the sidewalk OR Provide the District with an easement for the sidewalk. 2. Construct North Quenzer Way to intersect East Leigh Field Drive approximately 115.feet east of the west property line and in alignment with North Quenzer Way, as proposed. 3. Construct the internal street as a 29-foot street section with curb, gutter and a 4-foot detached concrete sidewalk that is separated from the curb by 5-feet. Obtain fire departmental approval for the reduced street section. """"'If the applicant wishes to place trees within the landscape strip, . Provide a minimum planter width of 6~feet for class n tress with the installation of root baniers on both sides of the planter strip or . Provide a minimum planter width of 8-feet without the installation of a root batTier or . Provide a minimwn of a lO~foot wide planter for Class I and Class ill trees. 4. Extend North Quenzer Way to the north property line as a stub street approximately 155~feet west of the east property line, as proposed. Provide a temporary turnaround at the tenninus of the roadway. InstaU a sign at the terminus of the roadway stating, "1bis road will be extended in the future." Utilize the existing 25-foot wide driveway that intersects Leigh Field Drive approximately 230- feet west of the east property line, as proposed. Pave the driveway its full width and a minimum of 30-feet into the site beyond the edge of pavement of Leigh Field Drive. Place a note on the final plat stating that Lot 11 of Block 13 will be required to take access to North Quenzer Way as opposed to Leigh Field Drive. 9. 10. 11. 12. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improvíng street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incoIporates any required design changes. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. The applicant at no cost to ACfID shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACfID Traffic Operations 387.6190 in the event any ACHD conduits (spare Or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances. plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law ín effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT fOR THE HEARrNG DATE OF FEBRUARY 28,2006 C. Legal Description R(li,~e, J./¡¡Iw 8,704 (2O1f/ J7(;"5000 -!'ax (:'01» 376..5556 Projeçt No. 0 1-045-0 1 DatC'c: Novcmber 10, 2005 QUENZE,R NORTH REZONE DESCRIPTION A parcel of)¡md being Parcel No.1. as shown on Record-ot~Sul'Ycy NurnbCl 3774 (If Ada County Records, which pared is a portion ofLol13 ofCreslwood Subdivisi(ln No.1, "II located in Ihe SE 1/4 of the NE 1/4 of See lion 31, T. 4 N., R. J E., B.M., Ada County, Idaho, more panicularly described as follows: Corwncncing at the section corner common to Sections 31 and 32 of said T. 4 N., R. 1 E, and Sections 5 and 6 ofT. 3 N., R. J E., RM.; Thence North 00"31 '35" East, 2659.04 feet 011 Ihe I>eclíon line (;Ommon to said Sections 31 and 32 to the 1/4 section comer common to said Sections 31 and 32; 'Thence leaving said section line, North 89°46'20" West, 1317.76 feet on the east-West mid-seclÍon line of said Section 31 to the center-east 1116 îh section Comer of said Sl'Ction3 J, said point being the REAL POINT OF BEGINNING; lñencc leaving said mid-section line, North 00°35'27" East. 332.36 feel (tonne-fly described' âs N6rfu Q(jò(jf'52" E'àSt) on the ñortfi~souiFi"ï/ 6" th -secÙòñ line of the ÑE Ï l4'o'tsaid Scolion 31, said line also being the westerly boW1dary line. ofCrestwood Subdivision No. J.. as same is shown on the PIal thereofrecorded ìn Book 28 of Plats at Page 1757 of Ada County Records, to the northwest COtner o£1..ot 13 of said Crestwood Subdivision No.1; Thence South 89°46'20" East, 658.79 feet (fom1erly described IIJ Nonh 89°40'05" East) on the lOlline Common to Lots 12 and 1 3 of said Crestwood Subdivision No. J Lo the northeast comer of said Parcel No.1 of Record- of-Survey Number 3774; Thence South 00°34'31" West, 332.36 feet (formerly described as SouLh 00°00'56" West) on the parco] line common to Parcel No. and Parcel No.2 of said Record~of-Survey to the southerly comer common to said Parcel No. I and Parcel No.2, said point being on the east-west mid-section line of said Section 31; Tbenœ North 89"46'20" Wes!., 65';-88 feeL on Lh(' ca..'it-west mid.scclionlillt: and the southerly pared line ofsaid Parcel No. Ito the rell1 point of hcgilming. S"iJ parcel conlains 5.0~ t!nc~ nh-'Tl' or Jc~s. Qu...,~~" It) R'N"" I)"" jo, PRJo:PARI'.:D BY: rncillCl'rill1,: ~()l"th'YI:~L 1.1,1."' James R. Washburll. PLS P"8' , or! Exhibit C CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF FEBRUARY 28,2006 POOR COPY' .E:~~"""EJÐ.r"mle: ~~.....tb"Vlres"t,. LLC: 1¡¡I:r ~ I tft. I I !; jn. 't5," I, , 0 c T Z N ~ Z 0 ::c :J! > .. :z I;~ ~, ;¡;. '0, $ ~; t" Exhibit C , t: -I I ", -"" '. --- ", ," " ." . ,- ;;".., ~ ~'~ , ~-_.__.!III!eln.QWe:----- .. ___, -' ---,-,- : , , I I : I I ' I I , I I 1 I I I I ~' ~ ~ ,~ , I J ¡ I ~ 1 ~ I i ¡ i , I ~ - - - h-.._-- - --~ , ~ ' I ! ^--, ---""-- H~ J ~. r, I . . . !i . ~ " . ~ " ., 0 c ~ .. ~ ~ . . . ~ " . .. < J ~ :i ! . . . - "- "1 . , .", '~ ~\,- " ,,' ",-. - " -;,', , II. , " . 0 ¿ ~ 0 ~. j~~ CITY OF MERIDIAN PLANNING DEP ARmENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the folIowing findings: 1. The map amendment complies with the applicable provisions ofthe comprehensive plan; The applicant is proposing to zone all of the subject property to R-8~ City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council flllds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Pennitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The map amendment shall not result in an advene impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fmds 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. 3. 4. s. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditw-e of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the fIDdingS listed above, City Council finds that Annexation and Zonine: of this nronertv to R-8 would be in the best interest of the CitY. 2. Prelinùnary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. Exhibit D The plat is in conformance with the Comprehensive Plan; City Council fmds that the proposed application is in substantial compliance with the CITY OF MERIDIAN PLANNiNG DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 Exhibit D adopted Comprehensive Plan. City Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to acconunodate the proposed development; 3. City Council fmds that public services are available to acconnnodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; 4. Because the developer is installing sewer, water, and utilities for the development at theÍI cost, staff fmds that the subdivision will not require the expenditure of capital improvement funds. There is public financial capability of supporting services for the proposed development; 4. See fInding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. The development will not be detrimental to the public: health, safety or general welfare; and 5. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff [rods that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance.