Keego Springs Subdivision AZ 05-058
-.t
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/31/06 02:23 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT .00
41
1111111111111111111111111I11111111111
106141058
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Todd Campbell, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this_\u't\"\day ofAt1a...1s1-_ .__,2006, by and between City of Meridian, a
municipal corporation of the S~eafter called "CITY', and Todd Campbell,
whose address is PO Box 140298, Boise, Idaho 83714 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" 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 Meridian City Code Section 11, Unified Development
Code, 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 ofthe "Property's" described in Exhibit A,
and has requested a designation of R-8 (Medium Density
Residential), (Municipal Code ofthe City of Meridian); and
1.5 WHEREAS, "Owner/Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 1 OF 10
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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 27th day of June, 2006, has approved
certain Findings of Fact and Conclusions 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" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this 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 the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 2 OF 10
3. DEFINITIONS: For all purposes ofthis 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 ofthe presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to Todd Campbell,
whose address is PO Box 140298, Boise, Idaho 83714, the party
developing said "Property" and shall include any subsequent owners
and/or developer(s) ofthe "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 (Medium Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
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
Unified Development Code:
Application for a Certificate of Zoning Compliance shall be
submitted to the City of Meridian prior to afuture development in
the R-8 zones, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 05-058 application.
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:
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 3 OF 10
5.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. 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 oftraffic, 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 development.
3. That the "Owner/Developer" will be responsible for all costs
associated with the sewer and water service extension.
4. 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.
5. Prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
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 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 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:
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 4 OF 10
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "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 request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEF AUL T:
9.1 In the event "Owner/Developer", "Owner/Developer'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 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 ofthe Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar ffilY 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 all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning ofthe "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.
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 5 OF 10
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 surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation of the improvements, which the
"Owner/Developer" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUP AN CY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" have 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".
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-
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 6 OF 10
"
"
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.
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
Todd Campbell
PO Box 14028
Boise ID 83714
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
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
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 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.
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 7 OF 10
,"
19. 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" 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 oftermination 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 are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1 No condition governing the uses and! or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 8 OF 10
-1.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
Z~
CITY OF MERIDIAN
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Attest:
DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 9 OF 10
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STATE OF IDAHO )
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County of Ada )
On this / (;, ~ay of 4 U ~ t.C os I , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Todd Campbell, known or identified
to me to be the person who executed the instrument and acknowledged to me that he
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.
(SEAL)
STATE OF IDAHO )
: ss
County of Ada )
On this ..J~ rd day of AllQUb t ,2006, before me, a Notary
Public, personally appeared Tammy de Weerd.alld William G. Berg, Jr., know or Identified
to me to be the Mayor and Clerk, respectively, ofthe 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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DEVELOP~~!W~t:.MENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION
PAGE 10 OF 10
- Legal Description
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PROPERTY DESCRIPTION
FOR
KEEOO SPRINGS
A parcel ofland lying in the WIf2 NWI/4 of Section 27, Township" North. Range: I
West, Boise Meridian. Ada County, Idaho, said parcel beiog more particularly described
as follows;
Commencing at a poUlt marking the WII4 Comer of said Section 27, said point also
being the POlNT OF BEGINNING;
ThenQC N.OO.1O"43"W. 1649.32 feet along the west line of tile said NWI/4 of Section 27
to . point;
1"bmcc S.89"SS'2T'E. 1324.17 feel to II point lying on the cut line: aCme said Wlfl
NW1/4 ofScction 27;
Thence S.OO"12'3S'"E. 1648.50 feet a10na the said eul line of the win NW1I4 of
Section 27 to 1I point muking the WI!16 Comer of said SectiOD 27;
Th.ttlee S.890S9"2S"W. 1325.06 feet along the south line oftbc said NWI/4 of Section 27
to the POINT OF BEGINNING.
Said parcel conlll.ina 49.95 acrclil, more or lesa, imd is subject to aU existing easements and
right-of-ways of record or Implied.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of A~-nexationand-.Z~ning of 50.41 acres from RUT to R-8 (Medium Density
Residential) AND Preliminary Plat Approval for 177 single family residential lots, 1 school
sitellot and 12 common lots on 50.41 acres by Todd Campbell"
_ n. .______GaseN;(;). AZ-05-058, PP-05-060
. - -.-......-
.-~ For the City Council Hearing Date of: June 6, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 6,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 6,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503).
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 9
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05-058 and PP-05-060- 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 Planning 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 June 6,
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 II-SA 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
Submitted and REVISED JlHNafY 24, June 6, 2006 is hereby conditionally approved;
and,
2. The applicant has agreed to provide solid vinyl fencing on the north property boundary
and adjacent to the school site. Any perimeter fencing must be completed prior to
issuance of building permits. All fencing should be installed in accordance with UDC
11-3A-7.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 6, 2006 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month 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
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-
CITY OF MERlDrAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05.058 and PP-05-060- PAGE 2 of 4
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.
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 entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe 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 June 6, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-OS8 and PP-OS.060- PAGE 3 01'4
By action of the City Council at its regular meeting held on the Z 7 f5.. day of
<.7~ ,2006.
COUNCIL MEMBER KEITH BIRD
VOTED ~
VOTED ~
VOTED ~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
6-
Copy served upon:
ATTEST:
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By:
Dated: ()1.. 0'3 .. C:U
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-058 and pp-05-060- PAGE 4 of 4
CiTY Of MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
STAFF REPORT
City Council Hearing
Hearing Date: 6/6/2006
Mayor and City Council
Josh Wilson, Associate City Planner
Keego Springs Subdivision
. AZ-05-058
Annexation and Zoning of 50.41 acres from RUT to R-8 zone
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TO:
FROM:
SUBJECT:
. PP-05-060
Preliminary Plat of 177 single family building lots, 1 school site and 12
common lots on 50.41 acres in a proposed R-8 zone
. V AR-05-024 Withdrawn on Aurll18. 2006
Variance request to reduce the front setbacks in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Todd Campbell, has applied for Annexation and Zoning (AZ) of 50.41 acres from RUf
(Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of ~ 177 single
family residential lots, I school site and 9li.,.common lots on 50.41 acres. The site is located east ofN.
Black Cat Road, and south of Chinden Road (SH 20/26). This site currently contains a rural residence.
Note: The applicant has submitted a revised preliminary plat dated JaRl.i6fY 2~, June 6. 2006 which
eliminates 22 buildable lots and adds a future school site. Please see the letter from Kurt Relif-ord dated
JaB'iiary J€i, 2QQ6 Todd Camobell dated Mav 26. 2006 for a more detailed narrative of the changes to the
plat.
SUMMARY RECOMMENDATION: Staff recommends approval of AZ~05-058 and PP~05M060 for
Keego SpringS Subdivision as presented in the staff reoort for the hearinll date of June 6. 2006 based on
the Findings of Fact as listed in Exhibit D and subiect to the conditions of approval as listed in Exhibit B
as attached to this report. Staff has prepared findings consistent with this recommendation. The Meridian
Planmn!! and 1.omn!! Commission heard the item on Februarv 2 and March 2. 2006. At the {lublic
hearing thev moved to recommend approval. On June 6. 2006 the City Council aooroved the
subiect apolications.
a. Summary of Public Hearing:
i. In favor: Joann Butler, Jim Howard, Todd Campbell
ii. In opposition: Don Brown, representing Rambo Subdivision
iii. Commenting: Wendell Bigham
IV. Staff presenting application: Josh Wilson
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. School site to be shared with property to south (Volterra Subdivision)
ii. Fencing on north boundary
iii. Stub street to property to south (Volterra Subdivision)
c. Key Commission Changes to Staff Recommendation:
Keego Springs Subdivision AZ-05-0S8, Pp-05-060
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
i. Modify Condition 1.2.6 to read: "The preliminary plat shall be revised to relocate
the amenities, i.e., tot lot, gazebo, barbeque, and clubhouse and pool area on
revised Lot 11, Block 7. Lots 28, 29,30, and 31 of Block 10, and Lots 4,5,6, 7
of Block 4 will be placed in the amenities original locations. This will
consolidate all neighborhood amenities in one location to prevent pedestrians
crossing public streets as neighborhood residents use the facilities and result in
no loss of buildable lots."
11. Delete Condition 1.2.12
111. Modify Condition 1.2.13 to read: "The applicant will hold the property labeled
"School Site" on the Keego Springs preliminary plat dated January 24, 2006,
while Joint School District No.2 finalizes negotiations with the developers of the
Volterra Subdivision for the balance of the acreage needed for the school site. If
the school district has not finalized negotiations with Volterra by the earlier of
June I, 2006, or when utilities are available, applicant will replat the property
identified as "School Site" in conformance with applicant's original plan."
iv. Add a Condition which states: "Modify the plat to add a pedestrian micropath
from Lago Drive to the school site at some point along the north bO\Uldary of Lot
20, Block 10."
v. Add a Condition which states: "All perimeter fencing adjacent to the school site
shall be restricted to open vision fencing."
d. Outstanding Issue(s) for City Council:
i. Staff recommends that Condition 1.2.13 should amended to read: "The applicant
will hold the property labeled "School Site" on the Keego Springs preliminary
plat dated January 24, 2006, while Joint School District No. 2 fmalizes
negotiations with the developers of the Volterra Subdivision for the balance of
the acreage needed for the school site. If the school district has not fmalized
negotiations with V olteIn and the aoolicant for the "School Site" by the earlier
of June I, 2006, or when utilities are available, applicant will replat the property
identified as "School Site" in conformance with applicant's original plan."
11. Variance to front setbacks: Staff is recommending denial ofthe subject Variance
application (V AR-05-024) for the reasons listed herein. We do not fmd that the
application meets all of the findings required in the UDC in order for the City
Council to grant a varianc~ (see analysis below and Exhibit D). Note: The
application is unclear as to the specific front setbacks being requested. The
applicant should clarify at the public hearing the specific front setbacks being
requested and the lots to which the variance would apply.
3. PROPOSED MOTIONS
Approve (AZ and PP)
I move to approve File Numbers AZ-05-058 and PP-05-060 as presented in the staff report for the
hearing date of June 6, 2006, and the revised preliminary plat dated JaBuary 21, June 6, 2006 with
the following modifications to the conditions of approval: (add any proposed modifications).
Deny (AZ and PP)
I move to deny File Numbers AZ-05-058 and PP~05-060 as presented in the staff report for the
hearing date of June 6, 2006, and the revised preliminary plat dated .JaRalH)' 24, June 6, 2006 for
the following reasons: (you must state specific reasons for denial).
Approve (V AR)
I move to approve File Number V AR-05-024 as presented in the staff report for the hearing date
. Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
-------~.
of June 6, 2006, and the revised preliminary plat dated January 24, 2006 with the following
modifications to the conditions of approval: (add any proposed modifications).
Deny (V AR)
I move to deny File Number V AR-05-024 as presented in the staff report for the hearing date of
JWle 6, 2006, and the preliminary plat dated January 24, 2006 for the following reasons: (you
must state specific reasons for denial).
~ Continue (All Applications)
11llCfve-tcLc.9ntinue the public hearing for File Numbers AZ.OS.QS8, PP-OS-060, and V AR-05-024
to (date CertRmJ;-----____ _
-- -----4; APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East of Black Cat Road, and south of Chin den Road (SH 20/26)/5910 N. Black Cat Rd
Wl/2, Section 27, T4N RIW
b. Owners:
Todd Campbell
P.O. Box 140298
Boise, Idaho 83714
c. Applicant:
Todd Campbell
P.O. Box 140298
Boise, Idaho 83714
d. Representative: Kurt Reliford, 11 Howard Engineers
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
1. Date of revised Preliminary Plat (attached as Exhibit AI): Jafll:l8f)' 24, June 6, 2006
2. Date of Landscape Plan (attached as Exhibit A2): 88f'temeer 6, 2005, June 6, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions ofUDe 11-5B-3, 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 UDC 11.68.2, a public hearing is required before
the City Council on this matter.
c. Newspaper notifications published on: March 13 and 27,2006
d. Radius notices mailed to properties within 300 feet on: March 10, 2006
e. Applicant posted notice on site by: March 24, 2006
Keego Springs Subdivision AZ-05-058, PP-OS-060
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
6. LAND USE
a. Existing Land Use(s): Vacant agricultural land and rural residences
b. Description of Character of SurroWlding Area: The area is presently mostly agricultural land
with rural residences, however the recent approvals of Bainbridge Subdivision to the east and
- - - ~olterra Subdivision to the south will drastically change the character of the area to that of a
resiclennal-neighborhood.
c. Adjacent Land~-and- Z~ming
.~--_._- ------
1. North: Existing-nual-~~ences in Rambo Subdivision, zoned RUT (Ada County).
,,-
2. East: Approved Bainbridge'Subdivisi<:>n, zoned R-8.
. --
-- -
_~_-__ --~-~--3. South: Approved Volterra Subdivision, zoned R-4.
4. West: Agricultural land and rural residences in Compton's Subdivision, zoned RUT
(Ada COWlty).
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: The site is currently not sewerable, it is in the ''North Black
Cat shed" design is currently underway but service will not be available until at
least early 2008.
Location of water: This site currently has no water service readily available.
Public Works is currently in the decision making process to decide if water will
be extended with the sewer or if it will be development driven.
Issues or concerns: Public Works concerns revolve around the lack of services
currently available, however there is a timeline for them and other developments
in this section have been approved with the same conditions.
2. Vegetation: Existing mature trees
3. Flood plain: NA
4. Canals/Ditches Irrigation: McMillan lateral
5. Hazards: None known.
6. Proposed Zoning: R-8
7. Size of Property: ~ 50.41 acres
f. Subdivision Plat Information
1. Residential Lots: +;&,,177
2. Non-residential Lots: 1
3. Total Building Lots: W 178
4. Common Lots: 9-U
5. Other Lots: N/A
6. Total Lots: ~ 190
7. Open Lots: 912
Keego Springs Subdivision AZ-OS-OS8, PP.OS.060
PAGE 4
CITY OF MERrDJAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
8. Residential Area: ~ 50.14 acres
9. Gross Density: ~ 3.58 units per acre (~ 4.71 net density)
g. Landscaping
1. Width of street buffer(s): 35 feet on Black Cat Road. Street buffers are not required
on any internal, local streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: ~ ~acres/&:G4 6.56%
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply
with UDC Il-3B.12. Common open space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC 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
Rear
Max. Building Height
Min. Lot Size
Min. Lot Size (Alleys)
Min. Street Frontage
15 feet
20 feet
4 feet
12 feet
35 feet
5,000 square feet
4,000 square feet
50 feet
Min. Street Frontage (Alleys) 40 feet
i. Summary of Proposed Streets and/or Access (private, public, conunon drive, etc.): The access
to the development will be from N. Black Cat Road to Cascada Street and from proposed
extensions of Oeeano Drive and Corazon Street. Staff recommends that the applicant should
be required to connect to the approved stub from Volterra Subdivision to the south. Please see
ACHD report and analysis below for details.
7. COMMENTS MEETING
On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present included: 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 Exhibit B.
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 176 single-family
lots on 50.41 acres for a gross density of 3.53 dwelling units/acre. Staff finds that the overall density is
within the range of a medium density project.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
Keego Springs Subdivision AZ-OS-OS8, PP-OS-060
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 6, 2006
. Chapter VII, Goal ill, 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 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).
. The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway Di!J,trict (ACHD). This service will not change.
. The subject lands are currently senliced 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 suffer 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 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 from Bainbridge Subdivision
(Oceano Drive and Corazon Street) and staff has recommended that the applicant be required to
connect to the stub streetfrom Volterra Subdivision to the south, which is in compliance with the
conditions of approval from ACHD.
. 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 IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one curb cut on N Black Cat Road for Cascada Street, which was
approved by ACHD and is supported by staff.
. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Keego Springs Subdivision AZ.05.058, PP-05.060
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
The applicant is proposing a residential zone. Stqff finds that the proposed single-family residential
properties to the south and east, and the existing residential properties to the north will be
compatible with the proposed development.
. Chapter VII, Goal IV, Objective C, Action 10 . Support a variety of residential categories (low-,
medium-, and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-8 zone. Bainbridge Subdivision to the east
obtained R-8 zoning and Volterra Subdivision to the south obtained R-4 zoning. Stafffinds that the
-- -requested zoning designation contributes to the variety of residential zoning categories in this area
and is generally co'!sistent with the Comprehensive Plan designation for this site.
Staff believes that the proposed density (3.53 d.u./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 for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11.2A-2 lists single family detached homes as a
Pennitted Use in the R-8 zone.
b. Purpose Statement of Zone: 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 sew.er 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
a. Analysis of Facts Leading to Staff Recommendation
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 single family development. Please see
Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on September 15, 2005
by James Howard, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
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 aoolicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this
process within 18 months of Citv Council approval of the annexation reauest. The DA shall
incolpOrate the following:
. 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.
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. The applicant will be responsible for all costs associated with the sewer and water service
Kcego Springs Subdivision AZ-OS-OS8, PP-05-060
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
extension.
. Any existing domestic wells andlor 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.
. Prior to issuance of any building permit, the subject property be subdivided in accordance
with the City of Meridian Unified Development Code.
. Prior to submittal of the [mal plat, the applicant shall provide docwnentation that the
negotiations with Volterra Subdivision for the other portion of the school site have been finalized
and that Joint School District No.2 approves of the configuration provided.
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
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. Landscaoe Lot alonl! Cascada Street: The building lots along Cascada Street at the
entrance to the subdivision in Blocks 1 and 10 are what the Unified Development Code
dermes as "through lots," meaning they have frontage on two parallel streets. While City
Code does not specifically prohibit through lots, staff does discourage their use to prevent
traffic interference and control access to internal roadways. Staff reconunends that the
preliminary plat should be revised to place a 10-foot wide landscape lot, to be owned by
the Homeowner's Association, along both sides of Cascada Street to the intersection of
Inviemo Avenue. This will prevent direct lot access to Cascada Street and ensure safe
and efficient vehicular access on the subdivision access road.
2. Amenities: The applicant has proposed three separate conununity amenities near the
center of the development: a barbeque area, a tot lot, and a swimming pool with a
clubhouse. The proposed amenities are located at the terminus of Cascada Street and are
all separated by public streets. While staff supports the centra110cation of the amenities,
we fmd that the potential danger from pedestrians crossing the entrance road into the
subdivision that could carry over 1,000 vehicle trips per day outweighs the benefits. Staff
recommends that the amenities should be consolidated in one location to prevent
pedestrians crossing public streets as neighborhood residents use the facilities. The
relocation would not result in a loss of buildable lots, as the tot lot and barbeque area
could be moved adjacent to the pool area and the eight home sites that this would
displace could be moved to the former location of the tot lot and barbeque area.
3. Parkways: The applicant has proposed a 34-foot street section with 5-foot detached
sidewalks separated from the roadway by an 8-foot parkway strip which contains street
trees. Staff is supportive of this design, with the restriction that the tree species are
limited to Class IT trees per UDC 11-3A-17 and that the portion of the detached sidewalk
which lies outside of the rightwof-way be contained in an easement to benefit the Ada
COWlty Highway District. Setbacks will be measured from the back edge of the
sidewalk.
4. Stub Streets: Per the ACHD report, the preliminary plat shall be revised to show a public
street cotu1ection to the stub street approved with Volterra Subdivision which lies
approximately 330 feet east of Black Cat Road. Staff is supportive of the two other stub
street connections shown, Corazon Avenue and Oceano Drive.
Keego Springs Subdivision AZ-05-058. Ppw05-060
PAGE 8
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
5. School Site: In response to concerns expressed by the Joint School District No.2, the
applicant has revised their proposal to include a school site which wil11ie partly within
the proposed subdivision, and partly within the previously approved Volterra
Subdivision. Staff is supportive of this configuration with the following change: The
preliminary plat should be modified to eliminate the building lots shown as Lots 19, 21,
and 22, Block 10, and include the land in the proposed school site. Prior to submittal of
the final plat, the applicant shall provide documentation that the negotiations with
Volterra Subdivision for the other portion of the school site have been finalized and that
-- Joint School District No.2 approves of the configuration provided. The school site will
-----require-coiiditional- use.. approval prior to construction and is not approved with the
subject applications. .-
6. Allevs: The proposed subdivision has building lots with access to proposed alleys. Staff
is supportive of the design and the proposed lots and alleys meet the dimensional
requirements of the Unified Development Code, and the alleys were approved by ACHD.
_.~-_.
7. Variance for Block Lemrth and Setbacks: The applicant has submitted a Variance
application for reductions to the front setbacks. The applicant has not stated what they
are requesting for front setbacks; the applicant shall address the front setbacks at the
public hearing and submit revised information which clarifies the variance request prior
to being scheduled for a City Council hearing.
8. Pressure Irril!ation: 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 conunon areas prior to signature on
the fmal 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 ll-3A-15 and MCC 9-1-28.
9. Fencing; The applicant has submitted a detailed fencing plan (on the landscape plan
dated September 8, 2005) with the preliminary plat application for the subdivision. The
applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. Any
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 11-3A-7.
10. Common Areas: Maintenance of all common areas shall be the responsibility of the
Keego Springs Home Owners' Association.
11. Ditches. Laterals. and Canals: 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.
VARIANCE ANALYSIS: The applicant has requested a variance for reduced front (street)
setbacks for the alley loaded lots contained in Blocks 2, 3, 11, and 12. The required setbacks in
the R-8 district are 20 feet to the garages and 15 feet to the living areas. The proposed
subdivision is located on vacant land and there are not existing site constraints which justify the
Keego Springs Subdivision AZ.OS-OSS, PP-OS-060
PAGE 9
CITY OF MERIDiAN PLANNING OEf ARTMENT STAFf REPORT fOR THE HEARING DA IE OF JUNE 6, 2006
reduction of building setbacks. The applicant has the ability to modify the proposed preliminary
plat to create lots which accommodate the required setbacks for the R-8 district. Note: The
application is unclear as to the specific front setbacks being requested. The applicant should
clarify at the public hearing the specific front setbacks being requested and the specific lots to
which the variance would apply.
b. Staff Recommendation: Staff recommends approval of AZ-05-058 and PP-05-060. and denial
of V AR.05-024 for Keego SoringS Subdivision as presented in the staff report for the hearing
date of Jooe 6. 2006 based on the Findings of Fact as listed in Exhibit D and subject to the
ctlnditio.Q!_ of approval as listed in Exhibit B as attached to this report. Staff has prepared findings
consistennvithJhis recommendation. On June 6. 2006 the Citv Council aooroved the subiect
aoolications. --~-/--O:...-__
11. EXHIBITS
A. Drawings
-,---~.~
I. Preliminary Plat (dated: 1eB.ltary 21, 2006)
-~~- 2. Landscape Plan (elated: Septeffitler 8. 2QQS June 6, 2006)
----------------- . -----n.--e1>Bditions_of Approval
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Keego Springs Subdivision AZ.05.058, PP-05-060
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
POOR COpy J ~
A. Drawings
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
2. Landscape Plan (dated: September g, 2(;)05 June 6, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
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 aoolicant shall contact the City Attornev. Bill Narv. at 888-4433 to initiate this
process within 18 months of City Council aODroval of the annexation reauest. The DA shall
incorporate the following:----. __
. All future uses shall not irivol~1;: uses, activities, processes, materials, equipment and
conditions of operation that will be- aetrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
. All future development of the subj ect property shall be constructed in accordance with City
~~~~_"' of Meridian ordinances in effect at the time of development.
~'-"-~-~5~ will be responsible for all costs associated with the sewer and water service
extenslOn."'- --~--
. 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 pmposes such as landscape
irrigation.
. Prior to issuance of any building permit, the subject property be subdivided in accordance
with the City of Meridian Unified Development Code.
. Prior to submittal of the fmal plat, the applicant shall provide documentation that the
negotiations with Volterra Subdivision for the other portion of the school site have been
finalized and that Joint School District No.2 approves of the configuration provided.
1.2 SITE SPECIFIC REQUIREMENfS--PRELIMINARY PLAT
1.2.1 The preliminary plat prepared by JJ Howard Engineering, dated Jafltlary 24, June 6. 2006, is
approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-058) shall also be considered conditions of the Preliminary Plat (PP.
05-060).
1.2.2 Maintenance of all common areas shall be the responsibility of the Keego Springs Subdivision
Homeowners' Association.
1.2.3 The preliminary plat shall be modified to reflect the conditions contained in this report and 10
copies shall be submitted no later than lO days prior to the City Council hearing on the
applications.
1.2.4 The landscape plan shall be modified to reflect the conditions contained in this report and the
revised preliminary plat and shall be submitted with the final plat application.
1.2.5 The preliminary plat shall be revised to place a lO-foot wide landscape lot, to be owned by the
Homeowner's Association, along both sides of Cascada Street to the intersection of Inviemo
Avenue.
1.2.6 The oreliminarv olat shall be revised to relocate the amenities. Leu tot lot. Q:azebo. barbecue. and
clubhouse and 0001 area on revised Lot 11. Block 7. Lots 28. 29.30. and 31 of Block 10. and Lots
4. 5. 6. 7 of Block 4 will be Dlaced in the amenities orilrinallocations. This will consolidate all
neimborhood amenities in one location to orevent pedestrians crossinQ: public streets as
nei2hborhood residents use the facilities and result in no loss of buildable lots.
Exhibit B
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.2.12
1.2.13
1.2.14
1.2.15
1.2.16
1.2.17
1.2.18
1.2.19
1.2.20
Exhibit B
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
Per UDC 11-3A-17, the 8-foot parkways shall be restricted to Class II tree species.
That portion of the detached sidewalk which lies outside of the right.of.way shall be contained in
an easement which dedicates pedestrian cross-acess and is in favor of the Ada County Highway
District, and said easement shall be depicted on the final plat or an instrument munber referenced
in a plat note.
Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6.
There shall be a 20-foot by 20-foot parking pad provided on all alley loaded lots between the
garage and the alley edge per UDC 11-3C-6.
The preliminary plat shall be revised to show a public street connection to the stub street
approved with Volteru Subdivision which lies approximately 330 feet east of Black Cat Road.
TaB preli:m:iHary ):'Ilat skRhi Be meGifiea to el:i:BHBat0 ilil 9WaiBg lots shown as Lots 19, 21, anti
22, Blaek 19, aad iaehule lB.e land if\. the ):'Il"sJ3sses ssheel site, sBa',vB as Let 20, Blsek 10.
The BBBlie8:flt will Bela the BmseffY lal3elea "Seheel Site" SR the Kee~e Sj'riBe:s flf~Y \'Ilat
aetas lEYa!)' 24. H..I '.2996. while IaiRt SSA0el Distfiet }ole. 2 fJ:Balizes BelletiatieBS with the
dtweleBl!If8 af ~e VelteFfa 811l3dtvisioR fer tae Balaaoo af tae BeFea~e Reeaed fer 1fie seaoal site.
If the school district has not fmalized neeotiations with Volterra and the aoolicant for the
"School Site" bv the earlier of Juae 1. December 1. 2006. or when utilities are avallable.
applicant will replat the propertY identified as "School Site" in conformance with
applicant's oneinal olan.
Fencing on all lots adjacent to interior common open space lots shall comply with UDC ll-3A-7.
The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8,
200S) with the preliminary plat application for the subdivision. The applicant has proposed
'perimeter fencing along Black Cat Road and Cascada Street. Tbe apolicant bas also aRl'eed to
provide solid vinyl fendnl! on the nortb prooertv boundary and adiacent to the school site.
Anv oerimeter tencine: must be completed prior to issuance of buildio2 permits. All leocine:
should be installed in accordance with UDC 11-3A-7.
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 ll-3B. If
the stonnwater detention facility caIUlot be incorporated into the approved open space and still
meet the standards of tIDC 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 regulatoxy requirements at the
time of final construction.
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.
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.
Modify the ~lat to add a Dedestrian micropath from LagO Drive to the school site at some point
alone: the north bOWldarv of Lot 20. Block 10.
All Decimeter fencing adiacent to the school site shall be resHietea te O~eB visiofl solid vinvl
fencing.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuantto UDC 11-3A-17.
1.3.2 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 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 ll-3A-15 and MCC 9-1.28.
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 11-3A-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 irrigation 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 otherwise approved by Nampa Meridian Irrigation District. 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.
1.3.7 StafT s failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 A majority of this development is not currently serviceable by the City of Meridian's sewer
system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station".
The "North Black Lift Station" is under design at this time, however it will not be allowed to be
activated until the upgrades to the treatment plant are completed, projected completion date is
early 2008. If this development is approved, it shall be subject to the North Black Cat sewer
system being available.
2.2 At such time as the development is sewerable the applicant shall install mains to and through
this proposed development; 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 shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
Exhibit B
~
---
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF JUNE 6, 2006
2.3 No "interim" or "temporary" sewer lift stations shall be allowed.
2.4 Water service to this site is being proposed via extension of future mains in Black Cat Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.5 The applicant shall provide a 20~foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
___----'--- executed easement (supplied by Public Works), a legal description, which must include the area
---~Qfth~easement (marked EXHIBIT A) and an 8112" xII" map with bearings and distances
(markea-EXH@IT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land-Smveyo.r. DO NOT RECORD. Add a note to the plat referencing this
document. ---~- ---
2.6 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
_ _~J~e 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
"final draft" being required prior to final plat signature on the last phase of this proj ect.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-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 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.
2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.9 Add a note that states which lots are to be common lots and addresses ownership and
maintenance of said lots.
2.10 Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be suffIcient to allow for 10 feet of "free and clear" easement past the sidewalk.
2.11 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-14 and 9A-8 . Wells may be used for 000-
domestic pwposes such as landscape irrigation.
2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, mad base approved by the Ada COWlty Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.13 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.
2.14 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.
2.15 Applicant shall be required to pay Public Works development plan review, and construction
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6,2006
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.16 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.
2.17 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
2.19 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.20 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.
2.21 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 ofthe crawl spaces of homes is at least I-foot above.
2.22 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
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
2. Acceptance 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 fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" 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 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.
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.
5. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix 0 Section D103.6 Signs.
7. 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.
8. 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
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
no less than ~ the diagonal measurement of the full development. The applicant shall provide a stub
street to the property to the south.
9. Building setbacks shall be per the International Building Code for one and two story construction.
10. The proposed I76-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 51 0 residents at build out.
11. 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.
12. Provide a Knox box entry system for the complex prior to occupancy.
13. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
14. Emergency response routes and fire lanes shall not be allowed to have speed bwnps.
15. Pool chemicals shall be stored in compliance with the International Fire Code.
4. POLICE DEPARTMENT
1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant
shall work with the Ada County Highway District to provide traffic calming design to decrease
travel speeds on Inviemo Avenue.
2. The pedestrian access to the proposed clubhouse/community entrance is not well-defmed. The
applicant shall submit a revised landscape plan that uses walkway paving materials and
landscaping to alert motorists to the pedestrian traffic.
3. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
5. PARKS DEPARTMENT
1. No comments received.
6. SANITARY SERVICE COMPANY
1. No comments received.
7. ADA COUNTY HIGHWAY DISTRICT
Site Svecific Conditions of ADlJroval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and construct a
minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minirown of 41-feet
from the centerline of the right-of-way.
Exhibit B
CIty OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
b. Do not dedicate additional right~f-way, but construct a minimum 5-foot wide concrete
sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of-
way. in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Black Cat Road, located at the back edge ofthe existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and utilities.
2.
Construct Cascada Street to intersect Black Cat Road approximately 800-feet north ofthe south
property line, as proposed.
-----.
...........------=--...............
.~-
3. -- Construct the internal streets as 34-foot street sections with rolled curb, gutter and 5-foot
--"~~--sldewaIKS that-are-d~chedby an 8-foot landscape strip within 50-feet of right-of-way. Provide
the District with an easemenITbr the -sidewalk that is proposed to be located within an easement
outside of the right-of-way. Provide the District with Fire Departmental approval to construct the
reduced street section.
4. Extend Oceano Drive from the east property line approximately 630-feet north ofthe south
property line, as proposed.
5. Construct Corazon Street as a stub street to the east property line approximately lOO-feet south of
the north property line, as proposed. Install a sign at the tenninus of the roadway that states, "this
roadway will be extended in the future."
6. Shift the proposed stub street that is proposed to be located approximately 480-feet east of Black
Cat Road approximately 140.feet to the west to match the stub street that was previously
approved with Volterra Subdivision.
7. Construct two 20-foot wide alleys located between Comente Street and Oceano Street and Azul
Street and Corazon Street, as proposed. Dedicate 20-feet of right-of-way for the alley and pave
the right-of-way its entire width. An access to an alley shall be located a minimum of 25-feet
from the nearest public street.
8. Construct a center island within Cascada Street, as proposed. Construct the island to be a
minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a
21-foot street section on either side of the island.
9. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are
required to be owned and maintained by a homeowners association. Notes ofthis will be
required on the fmal plat.
10. Comply with the District's Interim Tree Planting Policy.
11. Construct a left hand turn lane on Black Cat Road at the intersection of Cascada Street.
Coordinate the design of the turn lane with District staff.
12. Construct a right hand twn lane on Black Cat Road at the intersection of Cascada Street.
Coordinate the design of the twn lane with District staff.
13. Other than the access point that has specifically been approved with this application, direct lot
access to Black Cat Road is prohibited. A note stating this access restriction will be required on
the final plat.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 6, 2006
14. 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 improving 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 AClID Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
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.
9. Construction, use and property development shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
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.
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 (1-800-342-1585) 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.
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 of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject oftms
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
Exhibit B
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARiNG DATE OF JUNE 6. 2006
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 B
ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
C. Legal Description
t<EVIe& ~-PP~v~ I
~W~J_
.:........~~
EXHIBIT A
,~(,d\),Af( >'l!'3L1C
,,/:'\0>', GlOP-
PROPERTY DESCRlPTION
FOR
KEEOO SPRINGS
A parcel oflandlying in the Wll2 NWlJ4 of Section 27, Township 4 North, Range 1
__ _ West; -Boise Meridian, Ada County, Idaho, said parcel being more particularly described
as follows:
~-~-
--------- --'
Commencing at a point marking the W1I4 Comer of said Section 27, said point also
being the POINT OF BEGINNING;
Thence N.OOOlOt43"W. 1649.32 feet along the west line of the said NW1I4 of Section 27
to a point;
Thence S.890S8'27"E. 1324.17 fcot to a point lying on the east line of the said WII2
NW1I4 of Section 27;
Thc:nce S.00oI2'35"E. 1648.50 feet. along the said east line of the WIf2 NWl/4 of
Section 27 to a point marking the W 1/16 Comer of said Section 27,;
Thence S.89"S9'2S"W. 1325.06 feel alooH the south line oime said. NW 1/4 ofSectioo 27
to the POINT OF BEGINNING.
Said 1*"1 contains 49.95 acres, morc or le5ll, and is subject to all existing easements and
right-of.ways of m:ord or impUed.
K\>IIOIipri...l4II ~ 0914051_'"
Exhibit C
CiTY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF JUNE 6, 2006
COWPTON'S
W. l.AARY !.ANt
SUBDMSlON
Exhibit C
RAMBO
SUBDMSION
B~A~(ftl-- c
MErtlOlAN PUBUC
WORI<(S DEPf,
N
POINT OF BEGlNNtNO
W 1/4 CORNER SECT10N 27
T 4 N, R , W. S.M. N:JA COUNTY
~
, ....300.
, Y.lO \~Q () 30l; 600 ,,00
\ I r I 1 I I ~
SCAlE IN FEET
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE Of JUNE 6, 2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon rec:ommendation from the Commission, the Counc:ilshall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Councllshall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-S. 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 S, of the
Staff Report.
2. The map amendment c:omplies with the regulations outlined for the proposed
district, spec:ific:ally the purpose statement;
City Council fmds that single family detached residential uses are allowed within the
requested zoning district of R-8 as a Principally Permitted 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.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City COllllCil finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
4. The map amendment shall not result in an advene impact upon the delivery of
services by any poHtic:al subdivision providing public services within the City
including, but not limited to, sc:hool distric:ts; 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.
s. The annexation is in the best of interest ofthe City (UDC U-SB-3.E).
The R.8 zoning amendment will provide lots that are similar in nature to eXlstmg
subdivisions in the near vicinity. City COWlcil fmds 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, City Council fmds that
Annexation and ZoninlZ of this prooertv 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 rmal plat, or short plat,
the decision-making body shall make the following rmdings:
1. The plat is in conformance with the Comprehensive Plan;
City Council fmds that the proposed application is in substantial compliance with the
Exhibit D
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6,2006
adopted Comprehensive Plan. Staff 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;
3.
City COWlcil fmds that public services are available to accommodate 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;
BeCause the-developeris installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public rmaneial capability of supporting services for the proposed
development;
(See finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.)
4. The development will not be detrimental to the public health, safety or general
welfare; and
City COWlcil is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Council or
Conunission's attention. ACHD considers road safety issues in their analysis.
S. 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 finds that the proposed development will not result in the destroction, loss or
damage of any natural, scenic or historic feature(s) ofmajor importance.
3. Variance Findings
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section ll-SB-4E ofthe UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
1. The variance shaD not grant a right or special privilege that is not otherwise allowed
in the district:
City Council fmds that the granting of a variance to the property would grant a right or
privilege that is not otherwise allowed in the district. There are not existing site
constraints which justify the reduction of building setbacks and the applicant has the
ability to modify the proposed preliminary plat to create lots which acconunodate the
required setbacks for the R-8 district.
2. The variance relieves an undue hardship because of characteristics of the site;
The proposed subdivision is located on vacant land and there are not existing site
constraints which justify the reduction of building setbacks. The applicant has the ability
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JUNE 6, 2006
to modify the proposed preliminary plat to create lots which accommodate the required
setbacks for the R-8 district. Based on this fact, City Council finds that special
circumstances do not exist which create an Wldue hardship on the property.
3. The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds that allowing the reduced front setbacks to be reduced would not be
detrimental to the public health, safety, and/or welfare.
Exhibit 0