Sharp Estates Subdivision AZ 05-062
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO Ofif1fif06 10:44 AM
DEPUTY Neava Haney
RECORDED -REQUEST OF
Meri d i an Ci IV
AMOUNT .00
38
111111111111111111111111I111111111111
106096028
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Sharper Investments, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into this UI}; day of #ta~ ,2006, by and between City of Meridian, a municipal
corporation of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho
83642, hereafter called "CITY", and Sharper Investments, LLC, whose address is 1883 N.
Wildwood Avenue, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.1' WHEREAS, "Owner/Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" makes 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" described in Exhibit A, and has
requested a designation of (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owners/Developer" made representations at the public
heaTings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject "Property" will
be developed and what improvements will 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
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE I OF9
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 4th day of April, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which aTe attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to
as (the "Findings"); and
] .8 WHEREAS, the Findings require the "Owner/Developer" to enter into a
. .' development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" deem it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntaTily and at their urging and requests; and
I.] 0 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the "Property"
is developed and the subsequent use of the "Property" is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the "City" in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and Development Ordinances
codified in the Unified Development Code adopted October 19,2006
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals aTe contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE 2 OF 9
subdivision of the state ofIdaho, organized and existing by virtue oflaw
of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 "OWNER/DEVELOPER": means and refers to SHARPER
INVESTMENTS, LLC, whose address is 1883 N. Wildwood Avenue,
Boise, Idaho 83713, the paTty who owns and is developing said
"Property" and shall include any subsequent owners and developers of
the "Property".
3.3 "PROPERTY": means and refers to that certain PaTcel(s) of "Property"
. "located in the County of Ada, City of Meridian as described in Exhibit A
describing the PaTcels to be annexed and zoned R-8 (Medium Density
Residential District) attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified in the Meridian Unified
Development Code.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1 "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
5.1.1 That homes on lots 1 to 8, Block 2, along the northern boundary
of the property, either single story homes or homes with bonus rooms
that have windows facing south (street) will be allowed (no second story
windows facing north).
5.1.2 That lots 1 to 8, Block 2, are to be at least 60-feet wide.
6. 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" or "Owners/Developers" heirs, successors, assigns, to comply
with Section 5 entitled "Conditions Governing Development of Subject Property" of this
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE30F9
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 S 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
7 .1 That the "City" provide written notice of any failure to comply with this
Agreement to "OwnerlDeveloper and if Owner/Developer" fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and requestthe City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Owner/Developer", or "Owner/Developers'" 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 terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereofshaU 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including aU of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Developer" and/or
"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE 4 OF 9
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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the. parties hereto. Enforcement may be sought by an appropriate action
at law or in equity~ to secure the specific performance of the covenants, agreements,
conditions,' and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" 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 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require smety
bonds, irrevocable letters of credit, cash deposits, certifled check or negotiable bonds, as
allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agree to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE 5 OF 9
14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
subdivision 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the 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 Findipgs ofF act and Conclusions of Law, this Development Agreement, and
the Ordina~ces of the City of Meridian.
16. 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Sharper Investments, LLC
1883 N. Wildwood Avenue
Boise, ID 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17 . ATTORNEY FEES: Should any litigation be commenced between the
patiies 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
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE 6 OF 9
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every tenn, 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.
19. BIND~:N'G UPON SUCCESSORS: This Agreement shall be binding upon
and inure ~0 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" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there aTe no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.] No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
PAGE 7 OF 9
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerlc
ACKNOWLEDGMENTS
IN.WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERlDEVELOPER
SHARPER INVESTMENTS, LL
By: Ronald D. Sargent
CITY OF MERIDIAN
Attest:
DEVELOPMENT AGREEMENT (AZ 05-062) SHARP ESTATES SUBDIVISION
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STATE OF IDAHO, )
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County of Ada, )
On this ~ day of~a.1.A,.., 2006, before me, the undersigned, a Notary
Public in and for said State, persona~ed Ronald D. Sargent, known or identified to
me to be the M tv Lt dlrll C' V of Sharper Investments, LLC, acknowledged to me that
he executed the same 0 ehalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day an.~ year in this certificate first above written.
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STATE OF IDAHO )
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On this L.oih day of .Tune.... ,2006, before me, aNotaTy
Public, personally appeared Tammy de Weerd and William G. Berg, J1'., 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.
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CIVIL AND STRUCTURAL ENGINEERING
Exhibit A
Property Description Sharp Estates
The South Half of the Southeast Quarter of the Northwest Quarter of Section 5,
Township 3 North, Range 1 East, Boise Meridian, Ada County, State of Idaho,
more particularly described as follows:
Beginning at a 5/8 inch rebar marking the Center Quarter Corner of said Section
5; thence, along the south line of the Southeast Quarter of the Northwest Quarter
of said Section 5, North 89039'53'1 West a distance of 670.99 feet to a 5/8 inch
rebar marking the Southwest Corner of the Southeast Quarter of the Northwest
Quarter of said Section 5; thence, along the west line of the Southeast Quarter of
the Northw.est Quarter of said Section 5, North 00027'36" East a distance of
331.92 to the Northwest Corner of the South Half of the Southeast Quarter of the
Northwest Quarter'of said Section 5; thence, along the north line of the South
Half of the Southeast Quarter of the Northwest Quarter of said Section 5, South
89038'06" East a distance of 671.07 feet to a 5/8 inch rebar marking the
Northeast Corner of the South Half of the Southeast Quarter of the Northwest
Quarter of said Section 5; thence, along the east line of the Southeast Quarter of
the Northwest Quarter of said Section 5, South 00028'28" West a distance of
331.57 feet to the Point of Beginning.
Containing 5.11 acres, more or less.
Subject to any existing easement affecting the above described parcel of land,
written, unwritten, recorded, or unrecorded.
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P:ISargenllSharp ES[ales\Drawings\Surveylproperty descrition.doc
November 14,2005
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Nampa. Idaho 83587
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Exhibit "8"
APR 1 2 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
City Of Meridian
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In the Matter of Annexation and Zoning of 5.11 acres from RUT (Ada County) to R-8
(Medium-Density Residential) AND Preliminary Plat approval of 23 single-family
residential building lots and 2 common lots on 5.11 acres, for Sharp Estates Subdivision, by
The Gables, LLC.
Case No(s).: AZ-OS-062 and PP-OS-062
For the City Council Hearing Date of: March 7,2006 and April 4,2006
A. Findings of Pact
1. HeaTing Facts (see attached Staff Report for the hearing date of March 7, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of MaTch
7,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 7, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shaU 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. 967-6503).
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 Al"ea 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 9
II-5A.
CITY OF .MERIDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-062 / PP-05-062 - PAGE I of 4
4. Due consideration has been given to the comment(s) received from 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 Plaming Department, the Public Works 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 March 7,
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 S 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped December 1, 2005 by Lance Warnick (Revised 12/1/05) is hereby
conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
heating;
a. Requiring a Development Agreement in which the applicant agrees:
1. For homes on Lots 1 to 8, Block 2, along the northern
boundary of the property, either single story homes or homes
with bonus rooms that have windows facing south (street) will
be allowed (no second story windows facing north).
2. For Lots 1-8, Block 2, to be at least 60-feet wide.
3. The site specific and standard conditions of approval aTe as shown in the attached Staff
Report for the hearing date of March 7, 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 of the 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05-062 / PP-05-062 - PAGE 2 of 4
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 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 termination of the period in accord with 11-6B-
7.A, the Director may auth0l1zea 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 preliminaTY plat, combined preliminary and
final plat or ShOlt plat to comply with the current provisions of Meridian City Code
TitIe 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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitIes the Owner to request a regulatory taking analysis.
Such requ~st mustbe 'in writing, and must be filed with tIle City Clerk not more than
twenty-eight (2~) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toIl the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice tIlat this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a persortwho 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 March 7,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS), AZ-05-062 / PP-05-062 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the 4th
-Apn" \ ,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED Ah'5f'n-h
VOTED \).l fl..
VOTED It 0...
VOTED trLtl...
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY-de WEERD
VOTED
~
."e WEERD
. J~...
"';'g"
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ATTEST: ~~
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WILLIAM G. BERG, JR., ITY CLERl%~ '!.-\ ~~';'J:?f H!>'{ ._;:"-:4t~ f
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v ApplIcant, ;1",,, ,.,., .
V Planning Department
V Public Works Department
p V"" City Attorney
B}<,. "']0l.A..a. f\t\. ~A. Q eLl;..) Dated: 4 -11 "'OlJ
City Clerk's Office
Copy served upon:
crTY OF MERIDIAN FINDINGS OF FACT, CONCLusrONs OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-062 / PP-05-062 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
STAFF REPORT
TO:
FROM:
Hearing Date: 317/2006
Planning & Zoning Commission
C. Caleb Hood
Current Planning Manager
Meridian Planning Department
208-884-5533
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SUBJECT:
Sharp Estates Subdivision
AZ-05-062
Annexation and Zoning of 5 .11 acres from RUT (Ada County) to
R-8 (Medium-Density Residential).
PP-05-062
Preliminary Plat approval of25 single-family residential building lots and 2
common lots on 5.11 acres in a proposed R-8 zone.
1. SUMMARY DESCRIPTION. OF APPLICANT'S REQUEST
The applic~t, The Gables, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium-
Density Residential) for 5.11 acres of property currently zoned RUT in Ada County. The site is
located south of Packard Acres Subdivision No.3, on the west side of Wingate Lane,
approximately Yz mile south of Ustick Road. Currently, there is a single-family home and
associated outbuildings on this site. The site has not been previously platted. The subject
property is within the Urban Service Planning Area.
2. SUMMARY RECOl\1l\1ENDA TION
The Meridian Planning and Zoning Commission heard the item on January 19, 2006 and
February 2,2006. At the February 2,2006 public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Ron Sargent (Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
IV. Staff presenting application: C. Caleb Hood
v. Other staff commenting on application: Ted Baird, Anna Canning, Mike Cole
b. Key Issues of Discussion by Commission:
i. Pathway on south of project and to the west and east,
ii. Wingate Lane and vacating interest in the easement.
c. Key Commission Changes to Staff Recommendation:
i. The COmmission voted to amend Condition 1.15 of Exhibit B by requiring the
applicant to terminate or vacate their interest in the Wingate Lane private road
agreement, all the way to Ustick Road.
d. Outstanding Issue(s) for City Council:
i. None
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis and recommended,conditions of approval
for the requested Annexation and Zoning and Preliminary Plat applications. The Planning and
Zorun COmmission is recommendin a roval of the ro v osed Sh b' Estates Subdivision AZ-
05-062 and PP-05-062) with the conditions listed in Exhibit B of the Staff Report.
Sharp Estates Subdivision AZ-05-062/PP-05-062
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
3. PROPOSED MOTION (to be considered after the public hearing)
Approve
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
05-062 and PP-05-062 as presented in Staff Report for the hearing date of March 7,2006 with the
following modifications: (Add any proposed mOdifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
05-062 and PP-05-062 as presented in the Staff Report for the hearing date of March 7, 2006
for the following reasons: (You should state specific reasons for denial of the amlexation and
you must state specific reason(s) for denial of the plat.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-05-062 and PP-05-062 to the hearing date of (insert continued hearing date here) for the
following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation: 2445 N. Wingate Lane; approximately ~ mile south of Us tick
Road and Y2 mile west of Eagle Road /3N1E5
b. Owner:
Dale & Helen Sharp
2445 N. Wingate Lane
Meridian, Idaho 83642
c. Applicant:
The Gables, LLC
1771 N. Wildwood, #200
Boise, Idaho 83713
d. Representative: Ron Sargent
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicanfls Request The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 5.11 acres to R-8 and Preliminary Plat approval of25
single-family buildable lots and 2 common lots. AU of the homes within the development are
proposed to be single-family detached. All of the proposed lots conform to the dimensional
standards of the R-8 zone. The average lot size in the proposed development is 6,307 square
feet. The gross density of the project is 4.9 dwelling units per acre. Just over 10%
(approximately Y2 of an acre) of the site is being set aside for open space. The applicant is
proposing to construct an east-west, lO-foot wide pedestrian path within the southern common
lots.
1. Date of preliminary plat (attached in Exhibit A):
12/1105
Sharp Estates Subdivision AZ-05-062/PP.05-062
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
2. Date of landscape plan (attached in Exhibit A): 11/15/05
h. Applicant1s Statement/Justification: The subdivision is to have 25 buildable lots on 5.11 acres
with .53 acres of open space. A thirty foot wide pathway will be constructed along the south
side of the prop'erty with the potential to connect from the property to the other street to the
west and east. There will also be cornmon area on either side of Devlin Ave. at the southern
entrance to the subdivision (please see Applicant's Submittal Letter.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title I I Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: January 2nd and January 16th, 2006 (for Planning &
Zoning Commission hearing) and February 13 and 27, 2006 (for City Council hearing).
d. Radius ndtices~ailed to properties within 300 feet on; December 23rd, 2005 (for
Planning & Zollirig Commission hearing) and February 10, 2006.
e. Applicant posted notice on site by: January 23,2006 (for Planning & Zoning Commission
hearing) and February 24,2006 (for City Council hearing).
6. LAND USE
a. Existing Land Use(s): There is a single-family home and some associated outbuildings on
this site.
b. Description of Character of Surrounding Area: This is an ioon development. All of the
parcels surrounding this property are part of city-approved residential subdivisions.
c. Adjacent Land Use and Zoning:
1. North: Single-family lots within Packard Acres Subdivision, zoned R-4
2. East: Single-family lots within Packard Acres Subdivision, zoned R-4
3. South: Single-family lots within Kearney Place Subdivision, zoned R-8
4. West: Single4amily lots within Chateau Meadows Subdivision, zoned R-8
d. History of Previous Actions: N/A
e. Existing Constraints and OPportunities:
1. Public Works:
Location of sewer: There is currently sewer in N. Devlin Avenue both on the
north and south side of this property.
Location of water: There are water stubs to the north and south oftrus parcel
in N. Devlin Avenue.
Issues or concerns: None.
2. Vegetation: There are several existing trees on this property that need to be
protected during construction, or be mitigated for.
Sharp Estates Subdivision I\Z-05-062IPP-05-062
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CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MARCH 7, 2006
3. Floodplain: N/A
4. Cana1sIDitches Irrigation: Any open ilTigation ditches, laterals and canals, should be
tiled when this property develops.
5. Hazards: . Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: R-B (Medium-Density Residential)
7. Size of Property; 5.11 acres
f. Subdivision Plat Information:
1. Residential Lots: 25
2. Non-residential Lots: 0
3. Total Building Lots; 25
4. Common Lots: 2
5. Other Lots: 0
6. Total Lots: .' .27
7. . Gross Density:
4.9 units per acre (net density is 6.0 d.u./acre)
g. Landscaping
1. Width of street buffer(s):
local streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0.53 acres! 1 0.4%
4. Other landscaping standards; Landscaping adjacent to micro-paths should
generally comply with UDC ll-3B-l2. Common open space lots should include at
least one deciduous shade tree per 8,000 square feet (UDC ll-3G-3E2). See Section
10, Analysis below.
Street buffers are not required on any of the internal,
h. Amenities: Ten percent open space and pedestrian pathways.
1. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
j. Proposed and Required Residential Standards:
R-8
Setbacks (in feet) Proposed
Front Living Area (to sidewalk)* 15
Side Accessed Garage (to sidewalk)* 15
Front Accessed Garage (to sidewalk)*20
S~e 4
Rear
12
Frontage (garage facing street) 50
Frontage (on common driveway) 10
Sharp Estates Subdivision AZ-05-062/PP-05-062
Required
15
15
20
4
12
50
10
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
Frontage (alley loaded garage) NI A 40
Lot Size (garage facing street) 5,000 5,000
Lot Size (alley loaded garage N/A 4,000
*See Common Driveway in Section 10, Analysis below for required standards for
lots adjacent to a COrnmon driveway.
k. Proposed and Required Non-Residential: NI A
1. Summary of Proposed Streets ancl/or Access: Although there are two public stub
streets to the property, access is currently taken from Wingate Lane, a private street. The
applicant is proposing to abandon any interest in Wingate Lane and provide access to the lots
in the subdivision via Devlin Avenue stub street extensions from the north (through Packard
Acres) and south (through Kearney Place). All of the internal streets are local streets with
either a 34-foot wide or 36-foot wide street section (measured back of curb to back of curb)
and contain sidewalks that are attached to the back of the curb. Staff is supportive of the
proposed street system. For a detailed report on all of ACHD's conditions, please see the
ACHD report and Exhibit B.
7. COMMENTS MEETING
On December 30,2005, ajoint agency and departments meeting was held with service providers
in this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, Meridian Police Department, and the
Sanitary Services Company. Staff has included comments, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. Medium density residential areas are anticipated to contain between three and
eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat
includes 25 single-family lots on 5.11 acres for a gross density of 4.9 dwelling units/acre. Staff
finds that the overall density is within the range of a medium density project.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter vn, Goal III, Objective A, Action I - 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 of the Meridian City Fire
Department, who currently shares resource and personnel 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).
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7,2006
· 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 of the subject annexation.
Municipal, fee-supported, services 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 VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
This publication encou.r.ages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes 'that tIle subject applications comply with the policies listed in the literature noted
above. .
Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to extend two stub streets, one from Packard Acres
Subdivision No.3 (Devlin Avenue), and oneform Kearney Place Subdivision No.3 (Devlin
Avenue). There are no undeveloped parcels a4jacent to this property. Staff believes that the
applicant has done a nice job of connecting and extending existing stub streets to this property.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
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.
Fencing exists along the north, east and west property lines. There is also existingfencing
located approximately 30 feet north of the south property line (acijacent to the irrigation ditch.)
Prior to house construction, fencing should be constructed around the perimeter of this site. See
Analysis below and Exhibit B for more information.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct attached sidewalks adjacent to all of the proposed streets,
which connect to acijacent properties. The applicant is also proposing to construct a 10:foot wide
Sharp Estates Subdivision AZ-05-062IPP-05-062
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CITY OF MEJUDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
pathway near the south property line. This pathway will connect with adjacent pedestrian
connections in Chateau Meadows to the west and Packard Acres No. 1 to the east. Staff is
supportive of the proposed pedestrian connections to adjacent properties. See Analysis below for
more information about the pedestrian path on the south side of this property.
Chapter VII, Goal N, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VII, Goal N, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
This property does not have access to any classified arterial or collector street.
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 single-family
residential propert(es to the north, south, east and west 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, ap<artments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-8 zone. Chateau Meadows, Kearney Place
and Packard Acres No.3 all obtained R-8 zoning. Packard Acres Subdivision No.1 obtained R-4
zoning. 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
designationjor this site.
Staff believes that the proposed density (4.9 d. u. 's/acre) and zoning (R-8) for this property is appropriate.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate jor this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (ODe) 11-2-1 lists single-family detached
homes as permitted uses in the R-8 zoning district.
b. Purpose Statement of Zone:
R-8 Medium-Density Residential: The pUrpose of the residential districts is to provide for
a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. General Standards: All of the proposed lots comply with the standard lot size and street
Sharp Estates Subdivision AZ-05-062!PP-05-062
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
frontage requirements of the R-8 zone established in the DUC. No dimensional modifications
are being requested for the proposed development. Staff is recommending an altemative to the
standard requirement for landscaping adjacent to the pathway on the south side of the
development (see Special Considerations in Section 10 below.)
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-8 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings for annexation.
The annexation legal description submitted with the application (stamped on
November 14, 2005 by John Goettsche, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
ODC 11-SB-"3:D.2 and Idaho Code & 6S-6711A provides the City the authority to
re'quire a ro e owner to enter into a Develo ment A reement A with the
Cit that ma re uire some written commitment for all future uses. Staff believes
that a DA is necessary to ensure that this property is developed in a fashion that
is consistent with the comprehensive plan desilmation and does not ne!!ative[~
impact nearby properties.
.
.
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Common Driveway: The applicant is proposing to use a common driveway for Lots 4,
5, 6 and 7, Block 1. Staffis supportive of the common driveway proposal. UDC 11-
6C-3D7 requires setbacks, building envelopes, and orientation of the lots and
Structures to be shown on the plat; building setbacks should be measured from the
edge of the common driveway easement or property lines, whichever is more
restrictive. Further, UDC 11-3C-6 requires every single-family detached dwelling to
have a tWo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the
common driveway should not count towards the required parking pad area. Lots 4, 5,
6 and 7, Block 1 should maintain at least 10 feet of public street frontage (flag) and the
common driveway easement should be depicted and explained on the face of the final
Sharp Estates Subdivision AZ-05-062/PP-05-062
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
plat. Comply with all common driveway provisions listed in UDC 1I-6C-3D. See
Exhibit B below.
Pathways: The applicant is proposing to construct a 10-foot wide asphalt pathway
along the south side of this development. This pathway will tie in with the cinder
pathway to the east in Packard Acres No. I. The cider pathway in Packard Acres No. I
then connects to an unimproved path along the south side of Carol Subdivision. The
pedestrian connection in this area is hindered by some gates, but eventually terminates
at River Valley Elementary School to the east.
UDC 1I-3B-12C requires a 5-foot wide landscape strip on both sides of a micro
pathway with at least 1 deciduous tree being planted every 35 linear feet on both sides
of the pathway. However, due to the pathwav being within a Nampa Meridian
Irri ation District ID easement staff is recornmendin that the a licant be
anted a modification of this standard re uirement. Instead of trees. staff
recommends that the applicant be granted alternative compliance from the standard
landsca e re uirement alan athwa s. Staff recommends that the a licant be
re uired to install shrubs and other low-l'n oundcover on both sides of the
pathway (as 'aIlowed by NMID.) See the Landscaping section and Exhibit B below.
Landscaping: The landscape plan prepared by Treasure Valley Engineers, on 11-15-
05, labeled Sheet Ll is approved with the following modifications/notes:
· Per UDC 1I-3G-3A, set aside 10.4% (0.53 acres) of the site for useable open
space and provide a la-foot wide asphalt pathway within common Lot 9,
Block I, and common Lot 18, Block 2, as proposed.
· Maintain at least a 5-foot wide landscape strip on both sides of the proposed
asphalt pathways on Lot 9, Block I, and Lot 18, Block 2. As an alternative to
trees, construct shrubs and other low-lying groundcover on each side of the
proposed 1 a-foot wide asphalt pathways.
· Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and corrunon areas should be
improved with lawn, either seed or sod.
· Per UDC 1I-3B-1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
· A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDe 11-3B-14.
Submit a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
Access; Access to this site is currently provided from Wingate Lane, a private lane.
The applicant is proposing to extend stub streets from the north and south as access to
tlus property. Wingate Lane was created with a private road agreement that was
created in 1913. The applicant is proposing to abandon any interest tlus property has
in Wingate Lane. Staff is supportive of this proposal. Staff recommends that prior to
signature of the fmal plat by the City Engineer, the applicant be required to submit a
copy of a recorded document, a release of dominant parcel interest, for the interest that
this parcel has in Wingate Lane (coordinate the drafting of t1us document with the
Sharp Estates Subdivision AZ-05-062/PP-05-062
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
City's Legal Department.) Further, the applicant should either be required to depict the
existing Wingate Lane easement on the face of the final plat, OR tenninate/vacate the
private road agreement. NOTE: The buildable area of Lots 10 and 11, Block 2, will
be significantly affected if the Wingate Lane private road easement on this property is
not vacated. Lot 10, Block 1, will only have about a 29-foot wide building pad area.
See Exhibits A and B below.
Existing ResidenceslBuildings: The site currently contains multiple buildings.
Because the existing structures span across proposed lot lines, all buildings shall be
removed or relocated, prior to signature of the final plat by the City Engineer. See
Exhibit B below.
Fencing: The applicant is not proposing to construct any new fencing with this
development. There is existing fencing along the north, east, and west property lines.
A detailed fencing plan should be submitted upon application of the fInal plat. If
permanent fencing is not provided before issuance of a building permit, temporary
construction fencing to contain debris must be installed around the perimeter.
Perimeter, COrmuOD open space, and micro-path fencing shall be designed according to
UPC 11-3A~7. Fencing adjacent to Lot 6, Block 1 and Lot 18, Block 2, shall be
Testrict~qto either 4-foot solid or 6-foot open vision (UDC 11-3A-7A7bi). See Exhibit
B below'~ .
Common Areas; Maintenance of all common areas Shall be the responsibility of the
Sharp Estates Home Owners' Association. See Exhibit B below.
Ditches. Laterals. and Canals: There are existing irrigation ditches that run along and
through this parcel. Per UDC 11-3A-6 all irrigation ditches, laterals or canals,
exclusive of natural waterways, and waterways being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered. See Exhibit B below.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. The applicant should be required to use
any existing surface or well water for the primary source. If a surface or well source is
not available, a single-point connection to the culinary water system shall be required.
If a single-point connection is ':lsed, 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. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 andMCC 9-1-28.
b. Staff Recornmendation: Staff recommends approval of the subiect applications AZ-05-
062 and PP-05-062. with the conditions listed in Exhibit B of the Staff Report for the hearing
date of January 19.2006. .
11. EXHIBITS
A. Drawings
Sharp Estates Subdivision AZ-05-062/PP-05-062
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CITY OF MEIUDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
1. Preliminary Plat (dated: 12-1-05 (revised 3-20-0Q))
2. Landscape Plan (dated; 11-15-05)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Unified Development Code
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
POOR COpy
A. Drawings
1. Preliminary Plat (dated: 12-1-05 (revised 3-20-06))
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
2.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
B. Conditions of Approval'
1. Planning Depal-tment
1.1 SITE SPECIFIC REQUIREMENTS-'-PRELJMINARY PLAT (PP-05-062)
1.1.1 The preliminary plat labeled as PI, prepared by Treasure Valley Engineers, dated December 1,
2005 (revised 3-20-06) is approved, with the conditions listed herein. AU comments and
conditions of the accompanying Annexation and Zoning (AZ-05-062) application shall also be
considered conditions of the Preliminary Plat (pP-05-062).
1.1.2 The applicant is proposing to use a common driveway for Lots 4, 5, 6 and 7, Block 1. Lots 4, 5, 6
and 7, Block 1 shall maintain at least 10 feet of public street frontage (flag) and the common
driveway easement shaH be depicted and explained on the face of the fmal plat; building setbacks
should be measured from the edge of the common driveway easement or property lines,
whichever is more restrictive. In accordance with ODC 11-6C-3D7, depict the required setbacks,
building envelopes, and' orientation of the lots and structures on Lots 4,5,6 and 7, Block 1, on the
face of the-final I?l.at. In accordance with ODC 11-3C-6, provide each single-family detached
dwelling with a two~car garage and a 20' x 20' parking pad between the garage face and the
common driveway (the asphalt for the common driveway shall not count towards the required
parking pad area.) Comply with all common driveway provisions listed in ODe 11-6C-3D.
1.1.3 UDe 11-3B-12C requires a 5-foot wide landscape strip on both sides of a micro pathway with at
least 1 deciduous tree being planted every 35 linear feet on both sides of the pathway. Due to the
proposed pathway on Lot 9, Block 1, and Lot 18, Block 2, being within a Nampa Meridian
Irrigation District (NMID) easement, the applicant is hereby granted alternative compliance from
the standard requirement to install trees along side the pathway. In lieu of trees, the applicant
shall install shrubs and other low-lying groundcover on both sides of the pathway (as allowed by
NMID.)
1.1.4 The landscape plan prepared by Treasure Valley Engineers, on 11-15-05, labeled Sheet Ll is
approved with the following modifications/notes:
· Per UDC 11-3G-3A, set aside 10.4% (0.53 acres) of the site for useable open
space and provide a 10-foot wide asphalt pathway within common Lot 9,
Block 1, and common Lot 18, Block 2, as proposed.
· Maintain at least a 5-foot wide landscape strip on both sides of the proposed
asphalt pathways on Lot 9, Block 1, and Lot 18, Block 2. As an alternative to
trees, construct shrubs and other low-lying groundcover on each side of the
proposed 10-foot wide asphalt pathways (as allowed by NMID).
· Per UDC l1-3G-3El, install at least one deciduous shade tree per every 8,000
square feet of common open space area, and install lawn, either seed or sod.
· Per UDC 11-3B-I0, the applicant shall work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site. Submit a copy of said plan with the final
plat application.
· A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape plan
and submitted prior to OCcupancy of any buildings. All standards of
installation shall apply as listed in ODe 11-3B-14.
Exhibit B ~ Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
Where the applicant has submitted a prelirrtinary landscape plan and where
staff has reviewed such plan, the landscaping shall be consistent with the
prelirrtinary plan with modifications as proposed by staff. The proceeding
modifications and notes should be shown on a revised landscape plan
subrrtitted with the final plat application(s).
1.1.5 Prior to signature of the fma1 plat by the City Engineer, the applicant shall submit a copy of a
recorded document, a release of dominant parcel interest, for the interest that this parcel has in
Wingate Lane (coordinate the drafting of this document with the City's Legal Department.)
Further, the applicant shall terminate/vacate their interest in the private road agreement all the
way to U stick Road.
1.1.6 Prior to signature of the fmal plat by the City Engineer, all buildings shall be removed from this
site or relocated in compliance with the City Code.
1.1.7 The applicant is not proposing to construct any new fencing with tIus development. A detailed
fencing plan shall be submitted upon application of the final plat. If permanent fencing is not
provided bef,?re issuance 'of a building permit, temporary construction fencing to contain debris
must be installed a!9und the perimeter. Perimeter, common open space, and rrticro-path fencing
shall be designed according to UDC 11-3A-7. Fencing adjacent to Lot 6, Block 1 and Lot 18,
Block 2, shaH be restricted to either 4-foot solid or 6-foot open vision.
1.1.8 Maintenance of all common areas shall be the responsibility of the Sharp Estates Home Owners'
Association. .
1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/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.
1.1.10 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUlREMENTS-PRELIMlNARY PLAT (PP-05-062)
1.2.1 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 fmal plat appIication(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 1l~3A-17.
1.2.3 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 stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards ofUDC 11-3A-18, then the applicant shall relocate the
Exhibit B -Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
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.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in ODC 11-6B-7.
2. Public WorI{s Department
2.1 Sanitary sewer service to tbis development is being proposed via extension mains in N. Devlin
Avenue. 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 forms
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 sh<ll~ be use~ in conformance of City of Meridian Public Works Departments Standard
Specifications."
2.2 Water service to tIus site is being proposed via extension of mains in N. Devlin Avenue. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall be required to continue the lO-inch water main in N. Devlin Avenue as
opposed to the 8-inch that is proposed.
2.4 The applicant has indicated that the pressurized irrigation system in this development is to be
owned and operated by Nampa and Meridian Irrigation District. A letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.7 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.8 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 Pinal
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat. .
2.10 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
Exhibit 8 - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
certificates of occupancy.
2.11 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signatme on the final plat
per Resolution 02-374.
2.12 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.
2.13 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill materiaL
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above t.he high~st established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1 One and two family dwellings will require a frre-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for frre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the frre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. F ire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
Exhibit B - Page 2
CITY OF MERIDrAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
3.5 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.6 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 at least 20' wide.
3.7 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The
roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35'
street width shall have no parking. Streets with less than 39' shall have parking only on one side.
These measurements shall be based on the face of curb dimension. Special approval required
over 750' IFC Table DI03.4. The roadway shall be able to accommodate an imposed load of
75,000 GVW.
3.8 For all Fire Lanes, provide signage "No Parking Fire Lane".
3.9 Insure that all yet unde~.e~oped parcels are maintained free of combustible vegetation.
3.10 Fire lanes and stre~t.~shall have a vertical clearance of 13 '6". This includes mature landscaping.
3.11 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3. I 2 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project, which serves more than 50 homes. The two entrances should be
separated by no less than 12 the diagonal measurement of the full development.
3.13 Building setbacks shall be per the International Building Code for one and two story construction.
3.14 The roadways shall be built to Ada County 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 acconunodate an imposed load of 75,000 GVW.
3.15 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Optic om 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.
3.16 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).
3.17 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of Please contact Vicki Heugly at 898-5500 to
address tbis concern prior to the public hearing.
3.18 Provide exterior egress lighting as required by the International Building & Fire Codes.
EKhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
4. Police Department
4.1 Lot 6, Block 1, creates a residence that will be isolated from their surrounding neighbors. Such
areas have an increi;lsed crime potential. Prior to the next public hearing, the applicant shall work
with the Police Chief and/or Planning Staff to revise the plat/site plan such that the
houses/dwelling units in the general area are oriented toward one another and encourage
interaction between more neighbors.
4.2 Any interior fencing next to Common open space shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
6. SanitaryBervic.e. Company
6.1 sse will not rovide trash ick-u services utilizin the COmmon drivewa " The develolJer shall
install a concrete Dad at the end of the common drive no more than five (5) feet behind the
sidewalk. The ad shall be of sufficient area to accommodate the rece tacIes of the residences
that take access from the common driveway.
7. Ada County Highway District
Site Specific Conditions of Avproval
7.1.1 Extend the two existing stub streets, from the north and south property lines, into the site, as
proposed.
7.1.2 Construct the internal local streets as 36-foot street sections with rolled curb, gutter, and 5-foot
concrete sidewalks within 50-feet of right-of-way, as proposed.
7.1.3 Construct the cul-de-sac turnaround with a minimum turning radius of 45-feet.
7.1.4 Comply with all Standard Conditions of Approval.
Standard Conditions of Avproval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Exhibit B - Page 2
ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
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 Comply with the Distnct's Tree Planter Width Interim Policy.
7.2.6 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.
7.2.7 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 ACfID Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
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7.2.9 Construction, ,use and property development shall be in conformance with all applicable
requirements' of the i;\da County Highway District prior to District approval for OCCupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE 0-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative ofthe Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 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 an rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit 8 - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
C. Legal Description
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Properly Description Sharp Estates
The SQuth Half of IIl9 Southeast Quarter of the Northwest Quarter of Section 5,
Townstl.p 3 North. Range 1 East, Boise Meridian, Ada COlmly, State of Idaho,
more particu larfy de.sGribed as foHows'
Beginning ata 5/8 Inch rebar markrng the Center Quarter Corner of said Section
5; !henr.e, along the soulh line of the Southeast Quarter of the Northwest Quaner
of said Section 5, North 89039'53" West a disfance of 670.99 feet to a 518 inch
rebar marking the Southwesf Corner of the Southeast QUarter of the Northwest
Quarter of said Section 5~ thence, along the wes1line of Ihe Southeast Quarter of
the Northwest Quarter of sard Section 5, North 00"27'36" East a distance of
331.92 to the Northwest Corner of the South Half of the Southeast Quarter of the
Northwest Quarter of said Section 5; thence, along the north line of the South
Half of the Southeast Quarter of the Northwest Quarter of said Section 5, South
89038'06" Easf a distance of 671 ,07 feet to a 5/8 Inch rabar marking Ihe
Northeast Corner of fhe South Half CUhe SOulheast Quarter of the Northwes!
Quarter of said Section 5: thence, .along Ihe east line of the Southeast Quarter of
th~ Northwest Quarter of said Section 5. South 00"28'28" West a distance of
331,57 feet 10 the Point of Beginning.
Containjng 5.11 acres. more or less
Subject to any eXisting easement affecting the above described parcel of land,
written, unwritten, recorded, or umecorded
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Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
D. Required Findings from Unified Development Code
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 following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone an of the subject property to R-8. 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;
Council fmds :tnat single-family residential uses are allowed within the requested zoning
distriCt of R-8. Medium Density Residential pennits the establishment of residential uses
and is designed to protect the integrity of residential development by prohibiting the
intrusion of incompatible nonresidential uses. 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.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Council relies on any oral or written testimony that may be
provided when detennining this finding.
4. 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,
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.
5. The annexation is in the best of interest of the City (UDC 1l-SB-3.E).
The R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. Council finds that all essential services are available or
will be provided by the developer to the subject property and will not require
unreasonable expenditure 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 findings listed above, Council finds that
Annexation and Zoning oftrus propertv to R-8 would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the foUowing findings:
Exhibit D - Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
1. The plat is in conformance with the Comprehensive Plan;
Council fmds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. 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
accommodate the proposed development;
Council fmds that public services are available to accommodate the proposed
development. (See fmding Items 3 and 4 above under Annexation Findings for more
details.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council:. finds that the subdivision will not require the expenditure of capital
improvement. funds.
4. There is public financial capability of supporting services for the proposed
development;
The Council relies upon comments from the public service providers (i.e., police, fire,
ACHD, etc.) to determine this finding. (See fmding "Items 3 and 4 above under
Annexation Findings above, and the Conditions of Approval in Exhibit B for more
detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
City Staff originally had some concerns about Lot 6, Block 1, and how the future
residence will be somewhat isolated from the rest of the development. Such areas tend
to have an increased crime potential. However, this situation is not much different from
homes at the end of cul-de-sacs, and therefore should not create a safety problem.
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD considers road safety issues in their analysis.
Council should reference any public testimony that may be presented to detennine
whether or not the proposed subdivision may cause health, safety or environmental
problems.
6. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore,
Council fmds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. Council
references any and all public testimony that may be presented to determine whether or
not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance.
Exhibit D ~ Page 2