Cedar Springs Townhomes RZ 06-006
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 42
BOISE IDAHO 11/16/06 01:39 PM
~~~~~~E~:k~~I~~ST OF 1111111111111111111111111111111111111
City 01 Meridian 1121618121814
'-._--~.~~_.,,~-,-",~--,-,_...'
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
John Flaherty Construction, Developer/Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this 3lsr day of OC:toi:tY ,2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, John Flaherty
Construction, whose address is 6002 Franklin Road, Boise, Idaho 83709, hereinafter called
DEVELOPER/OWNER.
1.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. 9 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Developer/Owner make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Developer/Owner has submitted an application for
annexation and re-zoning of the Property's described in Exhibit A,
and has requested a designation of (R-I5) Medium High Density
Residential District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Developer/Owner 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 (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
PAGE I OF 10
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
COllllCil, 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 26th day of September, 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 Developer/Owner to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 DEVELOPER/OWNER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Developer/Owner to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions ofthis 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 of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
PAGE 2 OF 10
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 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 DEVELOPER/OWNER: means and refers to John Flaherty
Construction, whose address is 6002 Franklin Road, Boise, Idaho
83709, the party that owns said Property and shall include any
subsequent developer(s)/owner(s) of the 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-I5
(Medium High Density Residential District) 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 Ordinancl: codified at Meridian City
Code Section 11 which are herein specified as follows:
Rezoning of 6. 82 acres/rom R-8 (Medium Density Residential) to
R-15 (Medium High Density Residential) for construction and
development of 48 aUached single/amily units pertinent to this RZ
06-006 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 (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
PAGE 3 OF 10
5.1. Developer/Owner shall develop the Property III accordance with the
following special conditions:
5.1.1 That all future development 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.
5.1.2 That all future development of the subj ect property shall be consistent
with the applicant's approved preliminary plat unless otherwise
modified by other provisions of the DA, or in the future by the City
Council.
5.1.3 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.
5.1.4 That the future uses and lots on this site shall conform to the District
Regulations contained in the Unified Development Code (UDC), in
effect at the time of development.
5.1.5 That the applicant will be responsible for all costs associated with the
sewer and water service extension.
5.1.6 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5- 7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.7 That prior to issuance of any building permit, the subject property be
subdivided (a recorded final plat) in accordance with the City of
Meridian Unified Development Code.
5.1.8 That a maximum of 68 dwelling units be constructed on this site.
5.1.9 That the applicant commits to construct the townhomes according to
the elevations provided with the preliminary plat application (pP-06-
033).
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
PAGE 4 OF 10
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 Developer/Owner or Developers/Owners heirs, successors, assigns, to
comply with Section 5 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 9 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Developer/Owner consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer/Owner and if the Developer/Owner fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Developer/Owner shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditi.ons 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 Developer/Owner, or Developer's/Owner's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the 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 Developer/Owner of anyone or
more of the covenants or conditions hereof shall apply solely to the
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRlNGS TOWNHOMES SUBDIVISION
PAGE 5 OF 10
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 all of the Exhibits, at
Developer' s/Owner' s cost, and submit proof of such recording to Developer/Owner, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
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 Developer/Owner, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Developer/Owner shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which 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 Developer/Owner 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 oftime of such delay.
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
PAGE 6 OF 10
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
Developer/Owner agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer/Owner agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner agree 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 Findings ofF act 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER/OWNER
John Flaherty Construction
6002 Franklin Road
Boise, ill 83709
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.
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWN HOMES SUBDIVISION
PAGE 7 OF 10
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 .
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 Developer/Owner 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 Developer/Owner, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Developer/Owner have 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 Developer/Owner and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Developer/Owner and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
PAGE 8 OF 10
DEVELOPER/OWNER
JOHN FLAHERTY CONSTRUCTION
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 ofthe Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
CITY OF MERIDIAN
BY~~~
~~~' II,d"" ~ /1'" B-06
\\ .J c:If "'"
\\ A. "\ "
Attest: ...:-",.'\..,~ .-;,...
,," v ~ ~
" ~
~ 0 ~
= ~
:= SEAL ~
L~RK -,.~_ '~.o ff
~ .,,~ '~r lS"{ . '<l:' g
DEVELOPMENT AGREEMENT (RZ 06-006i&t)),~Gg'~~~HOMES SUBDIVISION
1111IIiIt" 11\1\\\\'\
PAGE90FlO .,
STATE OF IDAHO, )
: ss
County of Ada, )
,.5.-r-
On this"'3 day of 0 ~ er , 2006, before me, the
UIJR-ersigned, a Notary Public in and for said State, personally appeared
~o~ N\.~ P\e..\....u' 'V,,/ , known or identified to me to be the
Pt.... ~~..."'*'" " of John Flaherty Construction and acknowledged to me that
they executed the same on behalf of such company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
-.--.....--------- .......-
(Sl:tfM.(l)THY SCOTT MANSER
NOTARY PUBLIC
STATE OF IDAHO
~S~-
- -- -
otary Pu hc for Idaho
Residing at: ~",3 e RotY1."o. Pc. ^^~.{: ~.""'-""
My Commission Expires: '7 -10 -) d...
STATE OF IDAHO )
: ss
County of Ada )
On this <g1io-\ day of NOV~ ,2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
....... .
..lA G~:'.
.~~ ~#:#-~:~~..
. _~~/ '" A b ',"C.A:.
.~~/ 0 J,q,q )SY.
.,~ .,.... \ .
. ' \ .
(:mAL \ :
. I , .
. ' . .
. .. " .
. , I .
. \ ~ '~.
.\~~'
, ,
.... "'.,
~ ~----<;n...
· . 'l'E OF \.~.
.......
DEVELOPMENT AGREEMENT (RZ 06-006) CEDAR SPRINGS TOWNHOMES SUBDIVISION
1" , f\ h/"\ 9, AO a u
~aho
Residing at: rD.1 dl.1l'P u. \ P
Commission expires: \0-\ \...\ )
PAGE 10 OF 10
Project: 10-06.010
Date; June 2, 2006
EXHIBIT A-I
PARCEL DESCRIPTION
R.15 ZONE BOUNDARY
That portion of the West Yi of the Northeast 14 of Section 36, Township 4 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the North 1/4 corner of Section 36, marked by a brass cap; thence along the Northerly
boundary of the Northeast 14, South 89'27'39' East, 1,340.85 feet to the Northeast corner of the West Yi of the
Northeast %; thence South 00'28'44' West, 85.00 feet; thence North 89'27'39' West, 15.00 feet to the POINT OF
BEGINNING:
thence south 00'28'44' West, 185.04 feet;
thence North 88' 47'44' West, 85_07 feet:
thence South 66'00'06" West, 57.18 feet;
thence along a non.tangent curve to the right 37.07 feet, having a radius of 55.00 feet, a delta of 38'37'21",
and a long chord which bears South 18'49'57" East, 36.38 feet;
thence South 00'33'10' West, 282.95 feet;
thence along a non.tangent curve to the right 86.47 feet, having a radius of 55.00 feet, a delta of 90'04'34".
and a long chord which bears South 45'31"2r West, 17.83 feet:
thence North 89'26'20' West, 315.42 feet;
thence along a non-tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90'00'00'.,
and a long chord which bears North 44'26'21' West, 77.78 feet;
thence North 00'33'10- East, 279.73 feet;
thence North 89'27'39' West. 116.00 feet;
thence North 00' 32'21' East, 245.24 feet;
thence South 89' 27'39- East, 666.24 feet to the POINT OF BEGINNING,
Containing 6.822 acres, more or less.
END OF DESCRIPTION
Prepared by:
J'U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
"f'f'RO"~I..( Ai-
flEII\~
6'(~-
1l61..\C
,,,,1-1'41' ~1'1
'~C.I.tI' ~ _, -~ Or.;. .
, ,,1'" '
RMH/jch:lhc
P;\OSf'\10.06.010. Ced.r Springl Tow"homel\10.06.010.0ES\~rtplion\R-1S SNORY.doc
~ \,.c.. \...J ~ ~ V D.LI
SEP 2 1 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
City 0 Meridian
C. rk Office
"",U /nw:w j,j', ',~ ,
"-/'YttJridltfn '. ,.~; "'''\
IU.\HO .1
J(
"~.~...., <-,~,/.
......~_,. rl"'_~t..".. \' ~~......' , ~-~,....-,
"- ,-_. ;'~l
In the Matter of Re-Zoning 6.82 acres from R-8 to R-15 AND Preliminary Plat approval
for 68 single-family residential building lots and 5 common lots on 11.05 acres in a
proposed R-15 zone and existing R-8 Zone, by John Flaherty Construction.
Case No(s). RZ-06w006 and PP-06-033
For the City Council Hearing Date of: September 12, 2006(fmdings on September 26, 2006
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 12,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 12, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 12, 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. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the hnpact 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 ~
l1w5A.
CIlY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S). RZ-06.006 and PP-06-033
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the 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
SEPTEMBER 12,2006 incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 1l.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
dated June 28,2006 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of September 12, 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 II-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-006 and PP-06-033
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 pennit 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 conceming the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, 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 pennit 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 September 12, 2006.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). R,Z.06-006 and PP-06.033
By action of the City Council at its regular meeting held on the
~~~,2006.
Z6ff:- dayof
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED ~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
~~
WILLIAM G. BERG, JR. fL "rf ~
~ "'6 _ r n:f\ . .j? ;-
$0'1- ~ ~__. (>t' "....
/' . "'''':-''1JN1''' "....
Copy served upon: ~ Apphc8m"" ,\,\,"
Planning DeflN~ht
~ Public Works Department
v City Attorney
By. -t. ^ ,"^ ~ . UJJ Dated: '\- 2.'i'- OU
~~~
ATTEST:
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-006 and PP-06..o33
CITY OF MERJDIANPLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
SUBJECT:
Hearing Date: September 12, 2006
Mayor & City Council
Justin Lucas, Associate City Planner
Meridian Planning Department
208~884~5533
Cedar Springs Townhomes
RZ-OCJ..006 - Rezone of 6.82 acres to R~ 15 (Medium High-Density Residential)
PP~06-033 - Preliminary Plat of 68 bui Iding lots (48 in the proposed R-15 zone
and 20 in the existing R-8 zone) and 5 common lots on 11.05 acres
~~
~;;di!:n~ ...
STAFF REPORT
TO:
FROM:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, John Flaherty Construction, has applied for Rezoning (RZ) of 6.82 acres from R-8
(Medium Low-Density Residential) to R-I5 (Medium High~Density Residential), and Preliminary Plat
(PP) approval of 68 residential building lots (48 attached single family units in the proposed R-15 zone
and 20 detached single family units in the existing R-8 zone), and 5 common lots on 1.1.05 acres. The site
is located on McMillan Road west of Meridian Road. This area received preliminary plat approval as Lot
18, Block 13 of the Cedar Springs North Subdivision. The original preliminary plat (PP-02-027) noted
that this site was to be developed as attached single family units (the note reads "Future attached single
family residential area"). This area received fmal plat approval as Lot 2, Block 36 of Cedar Springs
Subdivision #4. The subject property is within the Urban Service Planning Area and the corporate
boundaries of the City of Meridian.
2. SUMMARY RECOMMENDATION
The subject applications were submitted to the Planning Department for concurrent review. The
Commission should make recommendations to the Council on all of the subject applications. Below, staff
has provided a detailed analysis and recommended conditions of approval for the requested Re-Zoning
and Preliminary Plat applications. Staff is recommendine aooroval of the proposed Cedar SoringS
Townhomes (RZ-06~006 and PP-06-033) with the conditions listed in Exhibit B of the Staff Report. The
Meridian Planning and Zoning Commission heard these items on AUlrost 3.2006. At the public hearing
they moved to recommend aooroval. On Seotember 12. 2006 the City Council aooroved the subiect
aoplications.
a. Summary of Commission Public Hearing:
i. In favor: Daren Fluke
11. In opposition: None
Hi. Commenting: None
iv. Staff presenting application: Justin Lucas
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. - Courtyard design;
ii. - Minimum lot sizes and shared drives
c. Key Commission Changes to StatTRecommendation:
i. - None
d. Outstanding Issue(s) for City Council:
i. - None
Cedar Springs Townhomcs RZ.06.006/PP.Q6.033
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-06-006
and PP-06-033 as presented in staff report for the hearing date of September 12, 2006 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06-006
and PP-06-Q33 as presented during the public hearing on September 12, 2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state specific
reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers RZ-06-006 and PP-06-Q33 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 Address/Location: North Summit Way; South side of McMillan Road, west of Meridian
Road, in Section 36, Township 4 North, Range 1 West.
b. Owners:
John Flaherty Construction
6002 Franklin Road
Boise, ill 83709
c. Applicant:
Same as Owner
d. Representative: Daren Fluke, nm Engineers
e. Present Zoning: R-8 (Medium Density Residential)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant has applied for Rezoning (RZ) of 6.82
acres from R-8 (Medium Low-Density Residential) to R-15 (Medium High-Density
Residential), and Preliminary Plat (PP) approval of 68 residential building lots (48 attached
single family units in the proposed R-15 zone and 20 detached single family units in the
existing R.8 zone) and 5 common lots on 11.05 acres. The total gross density ofthis
development is 6.15 dwelling units per acre. The gross density of each individual zone is 7.04
dwelling units per acre in the proposed R-15 zone, and 4.73 dwelling units per acre in the
existing R-8 zone. Approximately 6% of the site is being set aside for open space. The site
also includes a connection to a micro-pathway pathway within the Cedar Springs North
Subdivision.
1. Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
6/28/06
5/19/06
Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 2
n__
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF September 12,2006
reason of the provisions of the Unified Development 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 detennined 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.
c. Newspaper notifications published on: July 17th and July 31 S\ 2006 (planning Commission)
August 21st and September 4th, 2006 (City Council)
d. Radius notices mailed to properties within 300 feet on: July 7lb, 2006 (Planning Corrunission)
August 18th, 2006 (City Council)
e. Applicant posted notice on site by: July 24th, 2006 (planning Commission)
September 2Dd, 2006 (City Council)
6. LAND USE
a. Existing Land Use(s): The site is cWTently vacant.
b. Description of Character of Surrounding Area: Much of the land surrounding this site is
approved residential or office uses that are yet to be built. The most recent project is the
proposed Cedar Creek Subdivision (AZ-06-009, PP-06~007) to the north. This area is rapidly
transitioning from rural farmland to more urban land uses.
c. Adjacent Land Use and Zoning
1. North; Land in Ada County, zoned RUT-see conunent above
2. East: Future residential development, Amber Creek Subdivision, zoned R~8
3. South: Future Single Family Homes, zoned R-8, Cedar Springs North Subdivision
4. West: Future office use, zoned L-O, Cedar Springs North Subdivision
d. History of Previous Actions: As stated earlier this site was part of the Cedar Springs North
Subdivision (AZ-02-028 and PP-02~027) that was approved by the City Council on
November S, 2003. This site received final plat approval through Cedar Springs #4 (FP-03-
067) which was approved by City Council on January 13, 2004. The current proposal meets
all of the conditions outlined in the development agreement and non-development agreement
specifically issued for this site at the time of annexation.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There is cWTently sewer stubbed to this property from
mains installed with Cedar Springs Subdivision.
Location of water: There is currently water stubbed to this property from
mains installed with Cedar Springs Subdivision.
Issues or concerns: None.
2. Floodplain: None.
3. Canals/Ditches Irrigation: The Lemp Canal traverses along the north side of this
project. The City Council has typically not required the Lemp Canal to be tiled, as it
Cedar Springs Townhomes RZ-06-006/PP-06-033
PAGE 3
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARlNQ DATE OF September 12, 2006
would take a very large pipe. All other open ditches or laterals, that cross the subject
site should be tiled in accordance with the UDC.
4. Hazards: Staff is not aware of any hazards associated with this property.
5. Proposed and Existing Zoning: All of this property is currently zoned R-8. The
applicant is proposing to rezone 6.82 acres of the 11.05 acres to R-15 (Medium High-
Density Residential).
6. Size of Property: 11.05 acres
f. Subdivision Plat Information:
1. Residential Lots: 68
2. Non-residential Lots: 0
3. Total Building Lots: 68
4. Conunon Lots: 5
5. Other Lots: 0
6. Total Lots: 73
7. Gross Density: 6.15 dwelling units per acre (net 8.07 d.u./acre)
g. Landscaping
1. Width of street buffer(s): A 25-foot wide street buffer is required along
McMillan Road, a minor arterial street (UDC 11-2A-6). TIris buffer was previously
constructed with the Cedar Springs North Subdivision.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: The applicant states that 6% (0.67 acres) of the
site is being set aside for common open space.
h. Amenities: Open space and pathway cOlUlecting to existing pathway system in the Cedar
Springs North Subdivision to the south.
i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings and
Townhomes 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 and R-15 (R-15 standards in oarenthesis if different)
Setbacks (in feet) Proposed Required
Front Living Area (to sidewalk) 15 15
Garage (to sidewalk) 20 20
Side 4 10 4 /0 for attached walls
Rear 12 12
Frontage 50 (10) 50 (10)
Lot Size 5,000 (2,400) 5,000 (2,400)
k. Proposed and Required Non-Residential: N/A
Cedar Springs Townhomes RZ-06-006/PP-06-033
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
L Summary of Proposed Streets and/or Access (private, public, conunon drive, etc.): There is one
existing access point (stub street) from Summit Way which connects to the subject property
from the west. The applicant is also proposing to extend one stub street from the east that will
connect with future development in the Amber Creek Subdivision.
7. AGENCY COMMENTS MEETING
On July 14, 2006, staff held an agency conunents meeting. The agencies and departments present
included: Meridian Fire Department, Meridian Police, Meridian Public Works Department,
Meridian Parks and Recreation Department and the Sanitary Services Company. Staff has
included all comments and recommended actions as Conditions of Approval in 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 up to eight dwellings
per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 68
single-family (20 detached and 48 townhomes) lots on 11.05 acres for a gross density of 6.15
dwelling units/acre. The proposed density is consistent with the anticipated density for this area.
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):
· Require that development projects have plaIUled for the provision of all public services.
(Chapter VII, Goal ill, Objective A, Action I)
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 in the
following manner:
· The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department. This service will not change.
· The subject lands currently lie within the jurisdiction of the Meridian Police
Department (MPD). This service will not change.
. 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 suifer no
revenue loss as a result of the subject rezone.
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 VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
McMillan Road is classified as an arterial roadway in this area. The proposed development
does not take access from McMillan Road which is consistent with the comprehensive plan.
. Chapter VII, Goal IV, Objective C, Action 1: Protect eXisting residential properties from
Cedar Springs Townhomes RZ-06-006/PP-06-033
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
incompatible land use development on adjacent parcels.
North of the site are existing single-family dwellings. East of the site is a proposed single-
family subdivision. West of the site is a mixed-use development with multi-family dwellings.
Northeast of the site are fUture high density mu/ti-fami(v units and fUture commercial uses
approved with Paramount Subdivision. Staff believes that the proposed development should
be compatible with the existing land uses.
· Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc.).
A 25-foot wide landscape buffer already exists along McMillan Road. This buffer was
constructed with the Cedar Springs North Subdivision.
· 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 allland~use decisions.
This publication encourages 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 the subject applications generally comply with the policies listed in the
literature noted above.
· Chapter VI, Goal n, Objective A, Action 6: Require street connections between subdivisions
at regular intervals to enhance connectivity and better traffic flow.
The applicant is proposing to extend one stub streets to the east. This proposal will provide
interconnectivity with the subdivisions to the east.
· 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 adjacent project to the south, Cedar Springs North. has provided a pedestrian connection
to this site. The applicant is proposing to extend this connection into this site. This proposal
should enhance the community pathway system.
· Chapter vn, Goal IV, Objective C, Action 6: Require pedestrian access in all new
development to link subdivisions together and promote neighborhood connectivity.
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.
Prior to construction of any buildings, fencing should be constructed around the perimeter of
this site.
· 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,
Cedar Springs Townhomes RZ-06-006/PP.06-033
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
The subject applications are requesting an R-15 zone with townhomes, and R-8 zoned lots
with detached single-family homes. Staff finds that this location is favorable for these zoning
designations and housing types because of similar developments that have been constructed
or approved in the vicinity. Staff also recognizes the importance of providing diverse housing
types through out the community. The proposed development should help meet some of that
demand.
. Chapter VII Goal N Objective D Action 7. Develop incentives for high-density development
along major transportation corridors to support public transportation system.
Staffjinds that this location isfavorablefor such a development because of the accessJUture
residents will have to goods and services offered along McMillan Road. This type of density
will also help to support any future public transportation that may run along this heavily
traveled thoroughfare.
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. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached
dwellings as a permitted use in the R-8 zone and Townhomes as a permitted use in the R.l5 zone.
b. Purpose Statement of Zones:
MEDIUM (R-8) AND MEDIUM-HIGH DENSITY (R-15) RESIDENTIAL DISTRICTS: 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. Residential land uses are also allowed within the Q-T,
TN-C, and TN-R districts as set forth in Chapter 3 Article D.
c. Common driveways: DOC 11-6C-3D describes the standards for common driveways. All
common drives proposed by the applicant should meet the standards as described in the UDe.
These standards are listed below:
1. Maximum dwelling units served: Common driveways shall serve a maximum of four
(4) dwelling units.
2. Width standards: Common driveways shall be a minimum of twenty feet (20') in
width.
3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet
(150') in length or less, unless otherwise approved by the Meridian City
Fire Department.
4. Improvement standards: Common driveways shall be paved with a surface
capable of supporting fire vehicles and equipment.
5. Abutting properties: Unless limited by significant geographical features, all
properties that abut a common driveway shall take access from the driveway.
Cedar Springs Townhomes RZ-06-006IPP-06.033
PAGE 7
CITY OF MERiDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
6. Turning radius: Common driveways shall be straight or provide a twenty-eight
foot (28') inside and forty-eight foot (48') outside turning radius.
7. Depictions: For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be shown on the
preliminary and/or final plat.
8. Easement: A perpetual ingress/egress easement shall be filed with the Ada
County Recorder, which shall include a requirement for maintenance of a
paved surface capable of supporting flIe vehicles and equipment.
9. Alternative compliance: The Director may approve or recommend approval of
alternative design or construction standards when the applicant can
demonstrate that the proposed overall design meets or exceeds the intent of
the required standards of this Section and sball not be detrimental to the public
health, safety, and welfare.
d. General Standards: Some of the proposed lots do not comply with the standard lot size
requirements of the R-8 zone established in the UDC. Dimensional modifications are being
requested (see Exhibit B - Conditions of Approval for more detail).
10. ANALYSIS
An.alysis Leading to Staff Recommen.dation
As submitted, the subject applications appear to substantially comply with the Unified
Development Code and the Comprehensive Plan. However, there are some modifications to the
site plan, the preliminary plat, and the landscape plan that staff would like to see made. In each
section below, staff has listed the items that staff would like to see amended.
1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan
staff believes that this is a good location for a higher density development and the
proposed R-15 zone. Please see Exhibit D for detailed analysis of the required facts
and findings for a Zoning Amendment.
The annexation legal description submitted with the application (stamped on 6/2/2006
by Ronald M. Hodge, PLS) shows the property within the existing corporate boundary
of the City of Meridian.
tIDC 11-5B-3D2 and Idaho Code ~ 65-6711A provides the City the authority to
require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all future uses. Staff believes that a DA
is necessary to ensure that this property is developed in a fashion as to not negatively
impact nearby properties.
Prior to the rezone ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner(s) (at the time of rezone
ordinance adoption), and the developer. The applicant shall contact the Citv Attomey.
Bill Narv. at 888-4433 to initiate this process. Staff recommends that the Commission
and Council direct the City's Legal Department to draft a development agreement
for Cedar Creek Townhomes Subdivision as follows:
1. That all future development 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.
Cedar Springs Townhomes RZ-06.006/PP-06~33
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
2. That all future development of the subject property shall be consistent with
the applicant's approved preliminary plat unless otherwise modified by other
provisions of the DA, or in the future by the City Council.
3. 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.
4. That the future uses and lots on this site shall confonn to the District
Regulations contained in the Unified Development Code (ODe), in effect at
the time of development.
5. That the applicant will be responsible for all costs associated with the sewer
and water service extension.
6. That any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian.
Wells may be used for non-domestic purposes such as landscape irrigation.
7. That prior to issuance of any building pennit, the subject property be
subdivided (a recorded final plat) in accordance with the City of Meridian
Unified Development Code.
8. That a maxirnwn of 68 dwelling units be constructed on this site.
9. That the applicant commits to construct the townhomes according to the
elevations provided with the preliminary plat application (PP-06-033).
2. PP Application:
Landscaping: The landscape plan prepared by The Land Group, on 5-19-06, labeled
Sheet 1.00, is approved with the following modifications/notes:
· The proposed micro pathway shall comply with all micro pathway
landscaping standards as described in UDC 11-3B-12.
· All areas approved as open space shall be free of wet ponds or other such
nuisances. All stormwater detention facilities incorporated into the approved
open space are subject to UDC 11 ~3B-1l 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 pennitted under UDC 11.3B-l1. If the
stonnwater detention facility cannot be incorporated into the approvl;;d. Optm
space and still meet the standards of UDC 11- 3B-l1, then the applicant shall
relocate the facility. This may require losing a developable lot or developable
area.
· 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 City Council signature of the Final Plat. All standards
of installation shall apply as listed in UDC II-3B-14.
Submit revised landscape plans with the final plat application.
Street Buffers: The existing street buffer along McMillan road should be preserved
and protected during construction of this subdivision.
Minimum Lot Size: The minimwn lot size in the R-8 zone is 5,000 square feet (see
tIDC 11-2A-5). Block 2, lots 13-16 have lot sizes that do meet this minimum
requirement. These lots should be enlarged to meet the minimwn lots size as described
in the UDC. If the applicant chooses not to enlarge these lots it is possible that shared
Cedar Springs Townhomes RZ-06-006/PP-06-033
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
drives could be used. The use of shared drives decreases the lot size requirement and
would bring these lots into conformance (see UDC 11-2A-5). Such shared drive
easements shall be noted on the plat.
Common Drivewavs: All of the common driveways proposed in this development
should meet the UDC standards (UDC 11-6C-3D) as described above.
Stub Streets: The applicant should be required to provide one public stub street to the
Dyver Development, LLC property to the east, as proposed (Amber Creek, Parcel
#81129223505).
Fencimz:: The applicant has proposed six foot solid fencing (what material?) around the
entire perimeter of the development. 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, common open space, and micro-path /multi-use
fencing shall be designed according to UDC II-3A-7.
Common Areas: Maintenance of all common areas shall be the responsibility of the
Cedar Springs Home Owners' Association.
Ditches. Laterals. and Canals: The Lemp Canal runs along the northern boundary of
this site. The City COWlcil has regularly granted waivers of the requirement to tile the
Lemp Canal, as it would take a 72-inch pipe. Staff recommends that the City not
require the applicant to tile the Lemp Canal abutting this site. Per UDC 11.3A~6 all
irrigation ditches, laterals or canals, exclusive of any natural waterway and the Lemp
Canal, that intersect, cross or lie within the area being subdivided shall be covered.
Pressure Jrri2ation: 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 used, the developer will be responsible for the payment
of assessments for the common areas prior to signature on the fmal plat by the City
Engineer. An WldergroWld, 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.
Staff Recommendation: eased on the facts provided in this reeoIt. staff recommends aooroval of
File Numbers RZ-06.006 and PP-06-033 with the conditions listed in Exhibit B of the Staff Report. On
AUl!Ust 3. 2006 the Meridian Plannine and Zonin2 Commission voted to recommend apnroval of the
sub;ect applications. On Seotember 12.2006 the City Council aonroved the sub;ect aonlications.
Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 10
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 6-28-06)
2. Landscape Plan (dated: 5-19-06)
3. Elevations
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
8. Central District Health Department
C. Legal Descriptions
D. Required Findings from Unified Development Code
Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF September ]2,2006
A.Drawings
1. Preliminal)' Plat (dated: 6-28-06)
"'.'--'.'"--_. ......-......
...............-- --- .. ,,-
..:_-~_.__._.__.
.;"_:L:.:::.:.:..:..:_-..:.;::.::.:_.:.. ',;
. . - -- .-,..-.,,-
.,";1,';',;;- 8
ItCtlUU(l!'"'
h'iO'G01: ,:~b ~ltJB .. Iii
.'1l1l111~'~a'~ osz
'.., 'Stl~.NIIlN. g-"., _ ...
1M
".,.
AJ.wnoo 'i~~ '1tm0l~
lSICiG-J....lDww.N1tlON" ~J. 'iI~tO.L*
uOSt15 '_iii. tnfIQ!o.:O IE lIl:JOlE E J 01 -10 1 'lfllfiM 'f
ai\!
::) 'I
~!
~'I'1';"T-"-=!:-::ri=
l':~t,_..~...._.._
~D"'\'S",;\.__-.',_-",,,
OHYOI',UNno:J vav 'NVIOl1l3n
S3nOl1NMO! S!lNllldS lNO~:I
OimII".O.J- __
i
!
u
i I Ii
~i ! H
.. I!
~;i
ili
I.
II
,'_, tI~...,
: . I" '. I
, . .1:, c.
8 ,.;f
I" .
t r i n q:di ili! Ii ! i}
: ~ i ~: i; \I :1 ! t) I u ~ I
h I it h \'1' ,I ,,115 'i r If
~2 . 'i '/! lq II ~ilt Ilr i I'
~! i I! i i I. It i J i 't 1ft !IIJ II q,i t II ~ ~
~ ~ h Ii Ii 15 h · I ; A I f, it I!!. hi,'J I ,II I;'
; ! ~ ~ 111111111 i ! ~ I i I i~ lit tm ill 'i1l1 i ht. j !!
I '1111 r Hi ilii Ui lrl!~ ;1 ;'1! f Ii
: '-1-.'10*..,1 >>'1 ~:.D I i1iii Hl;>iI!hI1il IJ" hd!d~ i
I ' ~ I II. 'lf11 If. 'I I, ,II! i} 'l
~ lIIh..;it ....i.. .._hi ~ !'II} II III.. ~! \
I Li-''\;.~'', " .\.~. , I ~.I ~
, ,~"," '~_ _. ~,~_ - _,..: _----1 <i:--,---= .
~: .~" q~'::'~<-1=-- -. . .. iW.~i~_~:::;:i __:-.:-:--_~~~~~ L/.
Ii: I
t
I
ii
:" ,
: J."
\;':' t
..,..r
:'i', :
, I'
:~ i
jl'
".j,
."
,..
':'T
...-~..
0-
d:',.f~ "
~ .'" ~~,
"'a ~ '
I It: ~'I;: ~
I w.~~~'
ill ",k,s'
~~:!!~l
I~~~I;;
C51~~ ~!
"
Hh
~ ,"~..t'
li:H~
· 2 "il
~ ~~-
.,
m..H
~!! !:
:~ B _ _.
i 'h,.: ~!!"H
.. r; ~~
ii !!~ II' "
,; ! .'i,
-,I!f. !~'i'i
log I Mih
Exhibit A - Page I
_.........._........,..~
_:1...........".. .11_
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
O~\fOI 'NVlall:i~~ .11 IU' I ! iji!111 ',' ,~ ~ r ~
S3V\10HNMOJ.. SE>NI~dS ~\f03::> . _II'IIII!, I ~ lIlt lUll ~ I i r
; III! i III !I!ll~ 1i1~lljijl, ~! ! !II! II III \
iSjll;1 hi Illl!llili .11r '1llli/lq I ljdl
lil'lllill ill, I! IlIj'I'IIIUIIIH'I!ii 1111lll!,ll:ll!ll,
i 'II 'il,1 '111 111111: 'I \'\1 ill, !.,o:li!-I
~ II ill~l!~Ji,~ lui.!!IIlI~,~jlll,!i!I!~~I~1
;;!I
~
;1
~,
! (-e-'
I' -
2. Landscape Plan (dated 5-19.06)
!~:i llh
i~:PiP'. I
I ' I'. II
", < ; It.
Ii I ,. i'l"" ~~ 41 . .. ;;: ~ .", . "i'ft .~
! ~ . ~. ' 111
" .,
, , l
J" . tlUflltUtl1
I' . I t J.I
l'I ,1 ' 1. .1 II
II II I llmrJ
.. "
I ,
~
.....
~I Iii
; I ! I ! il
oUt,id Ii!. !qi
~!ii in III Iii 11111111
1ilI1-.J.. lll.: II. ,I Ii
lE,- - . . . -, ..
'. ..-
...,[€ ~_.. " ;
lli '"
N ;(
I.,
, ".
:!! ~
:: ~ !'
,. I: \ ' : .
,I I. I... ..
1'1
.\ .d'
'. z
" ~
. :3
- .~;
::i:.';
..if,;:.......:. ....
...--
,i.
t
"'
Exhibit A - Page 2
....fII.tIIII" _.._...,..-
....-.-....\l ___.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
3. Elevations
t
~
,
.!i
l "..----
!' "--'-7' r.~' -~,~';
1'...-.-.-.........-
,,,_L_,
;:: .~=-=:::::....,'"
r:'''..'''.':
I
I~''':
r,=------=.:_:::.~".. I.
t------
C-'-
'-: - -""'''l
i l~...':"m.__ '!,
!
,/
-...." '-,
\
;.-- .'\
"-''',':'::-=--:-~~'::''i . \
i (, S ~""~__ ~~ \
--1",.---" I 0: . ._\
..-._~.:"" '::.:.:.:.d ;,.'~
~---'
I' ,
,
./" ':' ./
~. "'~.... //
\ "'..(
/
I .
.~-_..."
-+:,' :--::.._- j
I... r -." 1
I ',. ~. ;
, ..
-" .... i
I
I f."~~~ :' I
~ , i
....... .,.. __ _~ ---L._ ~ _ .I.~
".
.....:::,~\-.__.~,.~.., .., "-"l
I
\1 --, \:
!-- ...--..
, .,
'\
I,
_ \, f
. ,..- ~ "'-<~J
].
,,",\ ~r., .. ,,~lj~I" . :.tll'....
... ~c ...... ..-d"" ,
"I' " .. ", '_ "'"
_.. .........,.. ~ ~~ Li"~ I .. .}It, -41[_~ ""l
...'""""",,,-,-
- --,.~~~~ ~-
Exhibit A - Page 3
,,1j..~"'rull!1."'~!"]
-" -
,.-,., ,,-
I
-". I C,
-_i. I
....-...1
_Ur,.
' '/"'1'.1. 'N
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELThHNARY PLAT (PP-06-033)
1.1.1 The preliminary plat plan labeled Sheet No.1 of 3, prepared by nIB Engineers, Inc., dated June
28, 2006, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Rezone (RZ-06-006) shall also be considered conditions of the Preliminary Plat
(pP-06-033).
1.1.2 The landscape plan prepared by The Land Group, on 5-19-06, labeled Sheet 1.00, is approved
with the following modifications/notes:
· The proposed micro pathway shall comply with all micro pathway landscaping standards as
described in UDC 11-3B-12.
· All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC
11-3B-ll 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 11-38.11. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3B.ll, then the applicant shall relocate
the facility. This may require losing a developable lot or developable area.
· 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 City Council
signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-
14.
Submit revised landscape plans with the final plat application.
1.1.3 The lot sizes for Block 2, Lots 13-16 shall be expanded to 5,000 square feet or common drives
shall be used to meet the minimum UDC requirements for lot sizes.
1.1.4 All of the common driveways proposed in this development shall meet the UDC standards for
common driveways (UDC 11-6C-3D).
1.1.5 The applicant shall provide one public stub street to the Dyver Development, LLC property to
the east (Amber Creek Subdivision, Parcel #S 1129223505).
1.1.6 Solid fencing shall be constructed around the perimeter of this site as proposed.
1.1.7 Maintenance of all common areas shall be the responsibility of the Cedar Springs Subdivision
Homeowners' Association.
1.1.8 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Lemp Canal,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per MeC 12-4-13, unless otherwise approved by the Irrigation District(s). 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 prior
to construction plan approval. If lateral users association approval can not be obtained, alternate
plans will be reviewed and approved by the City Engineer.
Exhibit B - Page 1
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12,2006
1.1.9 Underground vear-round pressurized inigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. The applicant shall be required to use any existing surface or well
water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is used, 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 inigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28.
1.1.10 No building or other structure shall be erected, moved, added to or structurally altered, nor shall
any building structure or land be established or change in use on this site without fIrst obtaining a
Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department.
1.1.11 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter
fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the
City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc.
1.2 GENERAL REQUlREMENTS-PRELIMINARY PLAT (PP-06-021)
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 final plat application(s).
1.2.2 The applicant shall submit a detailed fencing plan with the final plat application for the
. subdivision. If pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed aroWld the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.2.3 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.
1.2.4 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater 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 tIDC 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 of UDC 11.3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.6 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
1.2.7 Staff's failure to cite, specific ordinance provisions or tenns of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Cedar
Springs Subdivision. The applicant shall install mains to and through this property; 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.
2.2 Water service to this site is being proposed via extension of mains stubbed to this property in
Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and
through this development, coordinate main size and routing with Public Works.
2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amoWlt shall be approved by Council prior to plat signature.
2.4 The applicant has indicated Settler's will own and operate the pressure irrigation system in this
proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling
a pre-construction meeting.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-roWld
source of water (UDC ll-3A~6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface orwell 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 meter tiles located in a common driveway shall be upgraded to traffic rated materials per City
of Meridian standard specifications.
2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.8 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.
2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, 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 prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed,
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennits.
2.11 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.
2.12 All development improvements, including but not limited to sewer, fencing, IDicro.paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.14 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.
2.15 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.16 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.18 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.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.20 One hwulred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 2S.feet, height for 250 watt fixtures
is 30-feet. 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 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'
apart. International Fire Code Appendix C
3.2 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.
3.3 Final Approval of the fire 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 spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
i. Fire sprinklers required for four-plexes.
3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 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.
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 20' wide.
3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather swface are required before combustible construction is brought on site.
3.8 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.
3.9 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 the Public Works Dept.
Addressing Specialist at 898-5500 to address this concern prior to the public hearing.
3.10 All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
3.11 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.12 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.13 There shall be no parking permitted on the proposed shared driveways.
4. Police DepartmeDt
4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
5. Parks Department
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. Sanitary Service Company
6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall
install a concrete pad at the end of the conunon drive no more than five (5) feet behind the
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of September 12, 2006
sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences
that take access from the common driveway.
7. Ada County Highway District
Site SDecific Conditions of ADDroval
7.1a Construct a five foot detached concrete sidewalk south of the Lemp Canal within an easement
provided to the district.
7.2a Construct all internal streets as 36 foot street sections with rolled curb, gutter and 5-foot attached
concrete sidewalk within 50-feet of right of way as proposed.
7.3a Construct stub streets to the surrounding properties as identified below. Install a sign at the
tenninus of each roadway stating, "THIS ROAD Wll-L BE EXTENDED IN THE FUTURE".
· The stub street to the east is proposed to be located 160 feet north of the southeast property
line (measured property line to center line).
7.4a Construct one entrance road to intersect Summit Way located approximately 240 feet south of the
northwest property line in alignment with an existing stub street located off summit way.
7.5a Other than the access specifically approved with this application, direct lot access is prohibited to
McMillan Road and Summit Way and shall be noted on the final plat.
7.6a Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.1 b Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.3b All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7 Ab 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.
7.5b Comply with the District's Tree Planter Width Interim Policy.
7.6b 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.
7.7b All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certifY all improvement plans.
Exhibit B - Page 6
CITY OF MERIDIAN PLANN (NO DEP ARTM ENT 8T Aff REPORT FOR THE HEARING DATE OF September 12, 2006
7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required pennits), which incorporates any required design changes.
7.9b Construction. use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.10b 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.
7.11 b 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.
7.12b No change in the tenns 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 continuation of any change from the Ada County Highway District.
7.13b Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect 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.
8. Central District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department ofHea1th &
Welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
C. Legal Description
Project: 10-06-010
Date: June Z, ZOO6
EXHIBIT A-1
PARCEL DESCRIPTION
R.8 ZONE BOUNDARY
That portion of the West ~ of the Northeast 1;;\ of Section 36, Township 4 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the North 'A corner of Section 36, marked by a brass cap; thence along the Northerly
boundary ofthe Northeast 'A, South 89' 27'39" East, 1,340.85 feet to the Northeast corner of the West y, ofthe
Northeast~; thence South 00'28'44" West, 85.00 feet; thence North 89'27'39" West, 15.00 feet; thence South
00'28'44" West, 185.04 feet and the POINT OF BEGINNING; .
thence continuing South 00'28.44.' West, 512,80 feet;
thence North 89'31'16" West, 190.67 feet;
thence South 75' 53'20" West, 328.18 feet;
thence North 32'34'21" West, 139.54 feet;
thence North 80' 38'26" West, 128.98 feet;
thence along a nOrJ-tangent curve to the left 101.07 feet, having a radius of 82,00 feet, a delta of 70' 37'23",
and a long chord which bears North 08'58'27" East, 94,80 feet;
thence North 21' 32'21" East, 39,18 feet;
thence along a curve to the left 93.46 feet, having a radius of 255.00 feet, a delta of 21'00'00", and a long
chord which bears North 11 'OZ'21" East, 92.94 feet;
thence North 00' 32'21" East, 177.41 feet;
thence South 89' 27'39" East, 116.00 feet;
thence South 00'33'10" West, 279,73 feet;
thence along a non'tangent curve to the left 86.39 feet, having a radius of 55,00 feet, a delta of 90'00'00",
and a long chord which bears South 44'26'21" East, 77,78 feet;
thence South 89'26'20" East, 315,42 feet;
thence along a non'tangent curve to the left 86.47 feet. having a radius of 55.00 feet, a delta of 90'04'34".
and a long chord which bears North 45' 31'22" East, 77.83 feet;
thence North 00' 33'1 0" East, 28Z.95 feet;
thence along a non-tangent curve to the left 37.07 feet, having a radius of 55.00 feet, a delta of 38' 37'21",
and a long chord which bears North 18'49'57" West, 36_38 feet;
thence North 66'00'06" East. 57.18 feet;
thence South 88'47'''''''' East, 85,07 feet to the POINT OF BEGINNING,
Containing 4.Z24 acres, more or less.
END OF DESCRIPTION,
Re~~O)lA'v -----------'
BY - i_I-
T
M!'.~\OIAN PUBi.IC
;NOR fi'.S DEPT.
RMH/jch:lhc
P:\OSFllO.06-010. Cellar Springs Townhgmes\10-06.01Cl,OESlOe5l;riptionIR-8 BNDRV.doc
Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
dN 1/4 CORNER
25 CP&:F IN:.11~3178916
J8 S 89'l!7'JS" E
McMillon Road
E 1/16 CORNER
S 00'28'44"
85.00'
1340.85'
~
;!
~.
~!!
588'47'44"
>. N. N66'OO'06.E~..- 85.J>7'
~ 57.18'.... I
j;. S89"27'39.E ' , I ' ~(1 '.
_ 116.00' : . ; ;i .:1 :' i ' ,\ ,'" '. /
"e ~ r-----' i : ; I, ' 'I ~
E.I.. "."". I ! JL:; ,it I -
~ J:;:I' I 1 p ; " / II ~
...1 . , ' ' '. L ' . I
, I II) ; !QI . . I l!,.
Z fJ . "':1 ... 0
NI I ~/ : fell I ....
. C'\l 'NI 1 z
COoII I ~ 0-
~I I ~I I ' JUI . gl 0-
0'" b ";, 0/ Nt
Z/ : -I ~,200!,. 1 111"':1
I " ':::JI '00 ~y IJ ; Hill , ,I ;:;
SCALE l...;;;:100. ,.,
, - 'i;!1 I : 01 ell
lii : ~I ....
~ . I I ~.
I: '.. I S'
t N~~~~';rE I . , ., . , : ,. l ~:
{ , Rt: . :, . -- ~"" '. " ,. ,,: - ,'~ i -- j "'d'; I .1
\ ';:.....____~U~'20..:f._315.4t..____....v , /
O)N ' ---i' ., .- .,,' :
I .80'Je'2S"w
.(.;. - U@:.iS' :
---\ ~ : . I
"....~.),' ; , ' ;.-!!e9'~n"6.:w~90.67"':"'.J
'~...... ,I. ~ ~.-..
\/.:~ ~.': :.."" ;~2.!:~~'":"
~ 'r7.. i s1&~~~~\l.--' CEDAR sPRINGS
iii \ .: ..... - "'irY-,C ;-'-" SUBOI'flSlON NO.8
\.---
CURVE
c,
C2
C3
C4
C5
LENGTH
'01.07
93.46
86.39
86.4-7
37.07
CHORD
94-.80
92.94
77.78
77.83
36.38
N 89'7lng" w
15.00'
"'E;lIDiAl'< P\JBpTI.IC
. .,.;:J?'!'tS oE .
..~
;s.U"B ~
~
CEDAR SPRIN TOWNHOMES
118-1
Roll ZONING BOUNDARY
SHEET
1
~paclMltr,MCInJ111na. liOIll'CIIII~-' =--.,:=..
. ::~::':==--:\.JL~.CII'
~N4~ottd~'~_""'iIIlIf'fUl wfllllM ~
~_a1H"""""_ ~....&
OF
--.
Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
Project: 10.06-010
Date: June 2, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
R-15 ZONE BOUNDARY
That portion of the West y, of the Northea$t Yo of Section 36, Township 4 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, and more particularly described as follow$:
Commencing at the North 1/4 corner of Section 36, marked by a brass cap. thence along the Northerly
boundary of the Northeast Yo, South 89'27'39" East, 1,340,85 feet to the Northeast corner of the West Vz of the
Northeast~; thence South 00'28'44" West, 85.00 feet; thence North 89'27'39" West, 15.00 feet to the POINT OF
BEGINNING;
theo<:e South 00' 28'44" West, 185,04 feet;
thence North 88'47'44" West, 85.07 feet;
thence South 66' 00'06" West, 57.18 feet;
thence along a non-tangent curve to the nght 37.07 feet, having a radius of 55.00 feet, a delta of 38'37'21",
and a long chord which bears South 18'49'57' East, 36.38 feet;
thence South 00' 33'1 0" West, 282,95 feet;
thence along a non. tangent curve to the right 86.47 feet, having a radius of 55.00 feet, a delta of 90'04'34",
and a long chord which bears South 4S'31'ZZ" West, 77.83 feet;
thence North 89'26'20" West, 315.42 feet;
thence along a non-tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90" 00'00",
and a lonll chord which bears North 44"26'21" West. 77.78 feet.
thence North 00'33'10" East, 279.73 feet.
thence North 89' 27'39" West, 116.00 feet;
thence North 00'32'21" East, 245,24 feet;
thence South 89"27'39" East, 666.24 feet to the POINT OF BEGINNING.
Containing 6.822 acres, more or less.
END OF DESCRIPrlON
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.l.S.
~1'R0'4!"'-( '/~.
~e.'III.e.""'" " -.. .
a'l _.;....::::::;;;
ruGI.\C
l~\~~~'~\~~' '1~\''''
RMH/jch:lhc
P:\DSf'\10.Q6.010 - Ced~r Sl>rin~s Townhcmes\10.Q6.010.DESlDesc:rll>tlonIR.I5 8NDRY.doc
E:x;hibit C - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006
CURVE LENGTH
C1 37,07
C2 86,47
C3 88,39
CHORD
36.3a
77,83
77.78
N 1/4 CORNER
dcp&f INlR.I10:517B916
25
- - --
36
REb APPR'j'AL'") t"\ __.
aY ~ ~r. ,..........
.,
- S e~'27'3~. E 134D.85'
McMillan Road E 1/16 CORNER
- - -./'--
S oo'2B'44" W
85.00'
i r--------~ S89"27'39"I-666:24~-:-__
I ':"'iH'i1JI"''' f'UeLlC POj'NT OF: BEGINNING
.. r ';i),,;':;: ~EPT, ,
i ~ ~
EN.
~ ~:-.. : : : ! : : : i " !. ft: ~I
Z;' ii' ;!i Il'ii ~~l
i : ! i ; [
Ii! : i ;
.L J. ,:."_ , . 1 : I
,.
,
; ~ \ ! :, i ; i ;
II) " ; ,
~o "" 1 : , I I I" 57"18)
~ =_ I . ....j _",11 "" I : ii,
in ~ - ," r inl !
:> Ii: OJ
!;i i5 . r-: I i "I
~~:~: i ~,
, ~I ---" ....__.1 ! ~I
rl ,_
',~I :~
t'l i t'11
'~ :~
:~ -, ~I
I ; , : I
i ! : ! i i : i : I
I ! ' : ! ' . I
l : : i : : Ii, J I
\.,. I, [ J
~ - ...- __ ,.. . _J _ _ " _ _' ~
. '.l... _ _ _ _1!~lflq:W_3~5.JoL _ _ _ _....;/
III 59'27'39" W
15.00'
: i
,~.-
Je.,
lr
.'---1 '_"'YO. "j.. I
.n" .-
:100
I
5!
100
1 "=1 00'
.8 "
,~
.-.-'
SHEET
1
R-IS ZONING BOUNDARY
OF
1
Exhibit C - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon retommendation from the Commission, the Council shall make a full investigation
and shall, at the public bearing, review the application. In order to grant an annexation
and/or rezone, the CouncD shall make the following findings:
A. The map amendment tomplies with the applitable provisions of the comprehensive
plan;
City COWlcil fmds that the proposed zoning is in general conformance with the
comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that the development of this property should be required to comply
with the established regulations and purpose statements of the requested zone. See
Section 10, Analysis above for infonnation on the regulations that need to be complied
with.
C. The map amendment sball not be materially detrimental to the public health, safety,
and welfare;
City COWlcil finds that the proposed rezone, and subsequent development of this property
shall not be detrimental to the public health, safety and/or welfare. Staff recommends that
the Commission and Council rely on any oral or written testimony that may be provided
when detennining this fmding.
D. The map amendment sball not result in an advene impact upon the delivery of
servites by any political subdivision providing public services within the City
induding, but not limited to, school districts; and,
City Council fmds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
E. The annexation is in the best of interest of the City (UDC It-5B-3.E).
lIDs finding is not applicable to the rezone request.
2. Preliminary Plat Findings:
In tonsideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shaD make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
City Council fmds that the proposed plat is in general conformance with the
comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. Public services are available or can be made available and are adequate to
Exhibit D - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
accommodate the proposed development;
City Council fmds that services can be made available to acconnnodate the proposed
development.
C. 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, City Council fmds that the subdivision will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
City Council recommends the Commission and Council rely upon comments from the
public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See
finding Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.)
E. The development will not be detrimental to the public health, safety or general
welfare; and
City Council is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Council or
Commission's attention. AClID considers road safety issues in their analysis. Staff
recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed subdivision may cause health,
safety or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
City Council is unaware of any other natural, scenic or historic features on this site.
Therefore, City Council finds that the proposed development will not result in the
destroction, loss or damage of any natural, scenic or historic feature(s) of major
importance. The Commission and Council should reference any public testimony that
may be presented to detennine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which staff is unaware.
Exhibit D - Page 2