Touchstone Place Subdivision AZ 06-028
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11130106 01:21 PM
DEPUTY Vicki Allen
RECORDED ~ REQUEST OF
City 01 Meridian
AMOUNT
.00
51
1111111111111111111111111111111I11111
106187189
'.~-.
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Discovery Bay Developments, LLC.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this \ (..>~ day of ~Jl...0\.:(l t.-\.... , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and Discovery Bay
Developments, LLC, whose address is P. O. Box 191096, Boise, Idaho 83719, hereinafter
called OWNERlDEVELOPER.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation of (R-15) Medium High Density
Residential District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 06.028) TOUCHSTONE PLACE SUBDIVISION
PAGE 1 OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the lO'h day of October, 2006, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the Findings; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNERlDEVELOPER 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 Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions 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 ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE2QF 11
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERlDEVELOPER: means and refers to Discovery Bay
Development, LLC, whose address is PO Box191096, Boise, Idaho
83719, the party developing said Property and shall include any
subsequent developer( 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-15
(Medium High Density Residential District) attached hereto and by
this reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY TmS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Title11 which are herein specified as follows:
Construction and development of a multi family development
consisting of 48 dwelling units, 2 residential building lots and 2
commons lots in a proposed R-15 zone on 4.55 acres pertinent to
this AZ 06-028 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:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 3 OF 11
1. That all future uses shall not involve uses, actIvItIes,
processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors.
2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in
effect at the time of development.
3. That the applicant will be responsible for all costs associated
with the sewer and water service extension.
4. 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. That the following shall be the only allowed uses on this
property: multifamily development and allowed accessory
uses of the R-15 zone.
6. That a maximum of 48 units will be constructed on this site.
7. That prior to issuance of any building permit, the subject
property be subdivided in accordance with the City of
Meridian Unified Development Code.
8. That a street buffer, constructed in accordance with City
Code, be installed along Fairview A venue prior to occupancy
of any new dwelling units.
9. That cross access to/from the proposed North Jericho Way be
provided to the parcel to the west, for future development
along Fairview Avenue.
10. That the annexation legal description shall include the entire
legal parcel as it is currently described.
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 4 OF 11
11. That the final plat shall include all of the property being
annexed with the Touchstone Place development including all
"disputed" areas, OR, that any land area that is annexed with
the Touchstone Place development that is not included within
the boundaries ofthe final plat for Touchstone Place shall be
conveyed to the adjacent property owner, prior to signature of
the final plat by the City Engineer.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owner/Developer or Owner/Developer's 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 ~ 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owner/Developer consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 5 OF 11
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner' s/Developer' s cost, and submit proof of such recording to Owner/Developer , prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE60F 11
12.2 In. the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code, to insure that installation of the improvements, which the
Owner/Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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 of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16 NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Discovery Bay Development, LLC
PO Box 191096
Boise, ill 83719
with copy to:
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 7 OF 11
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer 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.
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 8 OF 11
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Deve1oper and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER
DISCOVERY BAY DEVLEOPMENT, LLC
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 9 OF 11
CITY OF MERIDIAN
dadu
Y de WEERD
Attest:
STATE OF IDAHO, )
: ss
County of Ada, )
On this loft'.. day of ~lliA ,2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared JEFF MACH, known or identified to
me to be the Managing Member of DISCOVERY BAY DEVELOPMENT, LLC and
acknowledged to me that they executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
3~~ ~ 't\~0
Notary Public for Idaho
Residing at: ~ -. l Sl d~
My Commission Expires: ~ LOVL--
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 10 OF 11
STATE OF IDAHO )
: ss
County of Ada )
On this ~ \ sot" day of _f\bYem~ ,2006, before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, Jf., 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.
.......
..... fA~~....
(SE~~~ 't" AR j:t ..
· J:J:::,'O~ '. ..
....., , .
.~'2; , ·
. : ~ .
. , , .
~ '. :0:
.. \ ~/~.
. '-- ~~~..
....~;TE-oi....
il....
(~O\ ~~^ (U k)
-
Notary Public for Idaho
Residing at: rlUd l l 'f I I I 10
Commission expires: \(1-' \-11
, ~.
"" .
,.
4 ;t
~~. ."
"
- ',. '1...."..'. ",,'
..'
DEVELOPMENT AGREEMENT (AZ 06-028) TOUCHSTONE PLACE SUBDIVISION
PAGE 11 OF 11
(
(
REVISED
ANNEXATION DESCRIPTION
FOR DISCOVERY SPRINGS
August 17, 2006
A PARCEL OF LAND LOCATED IN TIlE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 7, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, MERIDIAN,
ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTIIEAST CORNER OF SECTION 7, T.3N., R,IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO; TIIENCE N 89054'45" W ALONG THE NORTH LINE
OF TIm NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTHEAST CORNER OF THE
NW4 OF THE,NE4 OF SAID SECTION 7; THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE S 0004'14" W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF
WEST SIDE OF DANBURY FAIR SUBDMSION NO.6 667.97 FEET TO A POINT ON THE
NORTH SIDE OF DANBURY FAIR SUBDNISIONNO. 1;
THENCE S 89050'42" 'w ALONG SAID NORTII LINE 403.28 FEET TO A POINT;
THENCE N 0008'09" E LEAVING SAID NORTH LINE 460.96 FEET TO A POINT;
THENCE S 89054'45" E 194.03 FEET TO A POINT;
THENCE S 00004'14" W 41.29 FEET TO A POINT;
THENCE S 89054'45" E 123.71 FEET TO A POINT;
THENCE N 0004'14" E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF THE
NE4;
THENCE ALONG SAID NORTH LINE S 89054'45" E 85.00 FEET TO THE REAL POINT
OF BEGINNING OF TIllS DESCRIPTION.
SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS.
WAYNE K. BARBE
PLS 8444
~
AUG 2 1 2006
MeridiaDPuhUD
Worke Dept
50406-revalmex.doc
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
cM'eridi~ '\
I1)..\HQ I
-./'
,I
'fm
In the Matter of Annexation and Zoning of 4.43 acres from R1M to R~ 15 AND Preliminary
Plat approval for 2 residential building lots and 2 common lots AND Conditional Use
Permit approval for a multifamily development consisting of 48 dwelling units, for
Touchstone Place Subdivision, by Horizon Development.
Case No(s). Az..06-028 and PP-06-028 and CUF-06-021
For the City Counc:i1 Hearing Date of: September 26, 2006 (Continued from August 22,
2006 and fmdings on the October 10, 2006 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 22, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
22, 2006 incorporated by reference)
4. Required Findings per the Unified lJevelopment Code (see attached Staff Report for the
hearing date of August 22,2006 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 (LC. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-028 and PP-06-028 and CUP-06-021
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 AUGUST
22, 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
Pll1'suant to the City Council's authority as provided in Meridian City Code ~ 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted tbe Preliminary Plat
dated June 16, 2006 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
bearing:
a. That the annexation shall include the entire legal parcel as it is currently
described.
b. That the final plat shall include all of the annexed property including any
disputed areas, OR, that any annexed land excluded from the fmal plat shall be
conveyed to the adjacent property owner(s) prior to signature of the final plat.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August 22, 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 ofthe approval ofthe preliminary plat or one (1) year of tbe
combined preliminary and final plat or short plat. In the event that the development of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-028 and PP-06-028 and CUP-06-021
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 tennination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
:final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use pennit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
StruCtureS on or in the ground. For conditional use pennits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (I) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
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 concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-028 and PP-06-028 and CUP-06.021
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 August 22,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-()6.028 and PP-06-028 and CUP.06.021
By action of the City Council at its regular meeting held on the filii- day of
tJc4;~ ' 2006.
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
VOTED
Copy served upon:
ATTEST:
V, Public Works Department
V City Attorney
By. ~~
(:fty Clerk's Office
Dated: \ () . \., ~ Of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-028 and PP.06-028 and CUP-06-021
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
STAFF REPORT
Hearing Date: 8/22/2006 (Aooroved
on 9/26/2006)
Mayor and City Council
Justin Lucas
Associate City Planner
Meridian Planning Department
208-884-5533
ro...,g /,"'''.0' .~,
I.....7VLCridl:n"t \
1 I1..MHO .:
, ,p
~~ -/.
-:r:-.....!!i:,.]'.~' ':"=
TO:
FROM:
SUBJECT:
Touchstone Place Subdivision
AZ-06-028
Annexation and Zoning of 4.43 acres from RIM (Ada County) to
R-15 (Medium High-Density Residential).
PP-06-028
Preliminary Plat approval of two residential building lots (proposed to contain
48 multifamily units) and two common lots on 4.43 acres in a proposed R-15
zone.
CUP-06-021
Conditional Use Permit approval to construct a multi-family development
consisting of 48 dwelling units (6 eight-plexes) on two lots totaling 4.43 acres
in a proposed R-15 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Horizon Development, has applied for Annexation and Zoning (AZ) to R-15
(Medium High-Density Residential) for 4.43 acres of property currently zoned RIM in Ada
County. The site is located on the south side of Fairview Avenue across from N. Jericho Road,
approximately 1,300 feet west of Locust Grove Road. Currently, there is one single-family home
with associated outbuildings on this site. All of the existing structures on the site are to be
removed. The subject property is within the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ, PP and CUP) were submitted to the Planning Department for
concurrent review. Below, staff has provided a detailed analysis and recommended conditions of
approval for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Pemrit
applications. Staff is recommendinlZ aODroval of the proposed Touchstone Place Subdivision (AZ-
06-028. PP-06-028. and CUP-06-021) with the conditions listed in Exhibit B of the Staff Report.
The Meridian Planning and Zoninl! Commission heard the item on Julv 20. 2006. At the public
hearinl! they moved to recommend approval. On Seotember 26. 2006 the City Council
aoproved the subiect apolications.
a. Summary of Commission Public Hearing:
i. In favor: Jeff Mach. Sabrina Whitehead
ii. In opposition: Greg Vastobin
iii. Commenting: Karalee Blau, Lorinda WilliamS
iv. Staff presenting application: Justin Lucas
v. Other staff commenting on application: C. Caleb Hood
b. Key Issues of Discussion by Commission:
i. - Proposed height of the buildings;
Touchstone Place Subdivision AZ-06w284/PP-06-028/CUP-06-021
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF AUGUST 22,2006
ii. - Residential condominiums
c. Key Commission Changes to Staff Recommendation:
i. -Required six foot high solid fencing along perimeter property lines.
d. Outstanding Issue(s) for City Council:
i. ~ Updated legal description of the proposed annexation..
1. Staff has met with the applicant to resolve this issue;
2. The current staff report only contains a written legal description;
3. A map and closure report is still required for review and fmal approval
by public works.
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 AZ.
06.028, PP-06-028, and CUP-06~021 as presented in the Staff Report for the hearing date of
August 22,2006 with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and pUblic testimony. I move to deny File Numbers AZ-
06..()28 , PP"()6"()28, and CUP-06"()21 as presented during the hearing of August 22, 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 and CUP.)
Continuance
I move to continue File Numbers AZ..Q6..Q28, PP"()6-028, and CUP-06-02 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 AddressILocation: 1187 E. Fairview Ave. across from N. Jericho Rd.
approximately 1300 feet west of Locust Grove Road /3Nl EO?
b. Owner:
Clarence and Bema Morgan
P.O. Box 191096
Boise, Idaho 83719
c. Applicant:
Horizon Development
1187 E. Fairview Ave.
Meridian, Idaho 83642
d. Representative: Sabrina Whitehead, Briggs Engineering
e. Present Zoning: RlM (Ada County)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 4.43 acres to R-15, Preliminary Plat approval of two
multi.family building lots with two common lots and Conditional Use approval of a 48 multi-
Touchstone Place Subdivision AZ-06-284IPP-06-028/CUP-06-021
PAGE 2
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
family dwellings contained in six eight-plexes. The gross density of the project is 10.83
dwelling units per acre. Approximately 10.8% (0.4 acres) of the site is being set aside for open
space.
I. Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
3. Date of site plan (attached in Exhibit A)
6/16/06
4/15/05
6/15/06
h. Applicant's Statement/Justification: Horizon Development has been very active to get the
surrounding neighbors input. On January 5, 2006 the first neighborhood meeting was
conducted. With the neighbors concerns voiced the developer went back to the drawing board
to redesign the layout to make it more compatible with the surrounding neighbors needs. We
believe that Touchstone Place will be an aesthetic, as well as an asset to the City of Meridian.
(please see Applicant's Submittal Letter for more information.)
S. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as 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. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions of DOC 11-5B-6, a public hearing is required before
the City Council on this matter.
d. Newspaper notifications published on: July 3rd and July 1 th, 2006 (planning Commission) and
July 31 st and August 14th, 2006 (City Council)
e. Radius notices mailed to properties within 300 feet on: June 23rd, 2006 (planning Commission)
and June 28th, 2006(City Council)
f. Applicant posted notice on site by: July lOth, 2006 (pla.nning Commission) and August 12th,
2006(City Council)
6. LAND USE
a. Existing Land Use(s): There is one single-family home and some associated outbuildings on
this site. All structures will be removed from the site.
b. Description of Character of Surrounding Area: This site is located in between medium
density residential uses to the east and south and commercial development to the west and
north. This location makes this an area of transition between detached single family
development and commercial uses along Fairview Avenue. The site is considered infill
development.
Rc. Adjacent Land Use and Zoning:
I. North: Commercial Uses, zoned C-G
2. East: 6 single.family lots within Danbury Fair Subdivision, zoned R-8 and 1
commercial parcel zoned C-G.
3. South: 5 single-family lots within Danbury Fair Subdivision, zoned R-8
Touchstone Pl~ Subdivision AZ-06-284/PP-06-028/CUP-06-021
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF AUGUST 22 2006
,
4. West: 8.25 acre Lithia Motors parcel zoned R-8
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is a sewer stub in Sandlin located to the south of this
project.
Location of water: There is a water stub in Sandlin located to the south of this
project, and a main in W. Fairview Avenue to the north.
Issues or concerns: Sewer service to parcel #SII07120650.
2. Vegetation: There are several existing trees on this property that need to be protected
during construction, or be mitigated for.
3. Flood plain: N/ A
4. CanalslDitches Irrigation: Nt A
5. Hazards: No hazards have been identified on this site.
6. Proposed Zoning:
7. Size of Property;
R-15 (Medium High-Density Residential)
4.43 acres
f. Subdivision Plat Infonnation:
1. Residential Lots: 2
2. Non-residential Lots: 0
3. Total Building Lots: 2
4. Common Lots: 2
5. Other Lots: 0
6. Total Lots: 4
7. Gross Density: 10.83 units per acre (net density is 14.41 d.u.lacre)
g. Landscaping
1. Width of street buffer(s): Per UDC (Table 11.2A4) a 25-foot wide landscape
buffer is required adjacent to arterial streets. Fairview Avenue is a classified principal
arterial roadway. Street buffers are not required on any of the internal, local streets.
2. Width ofbuffer(s) between land uses: No landscape buffers between uses are
required on this site.
3. Percentage ofsite as open space: 0.4 acres/IO.8%
4. Other landscaping standards: Common open space lots should include at least one
deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). See Section 10,
Analysis below.
h. Amenities: Clubhouse facility with exercise room, playground, open space with pathways, and
patio areas with barbeques.
i. Off-Street Parking: UDC 11-3C-6 requires each multi-family dwelling with more than one
bedroom to have 2 parking spaces in a covered carport or garage.
Touchstone Plact: Subdivision AZ-06-284/PP.o6-028/CUP-06-021
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF AUGUST 22.2006
j. Proposed and Required Residential Standards:
R-lS -Multi Family Standards (see DOC 11-4-3.27)
Setbacks (in feet) Proposed Required
Front Living Area (to sidewalk:) 20 20
Side 10 10
Rear 10 10
Frontage 0 0
Lot Size Nt A 2,400
k. Proposed and Required Non-Residential: NtA
1. Summary of Proposed Streets and/or Access: The applicant is proposing to provide
primary access to all of the dwellings within this development via a new public street
connection (North Jericho Road.) to Fairview Avenue. This new public street will run south
from Fairview Avenue through the proposed development and connect with the existing
Sandlin Avenue in the Danbury Fair Subdivision. The total width of the proposed public right
of way is 50-feet with 36-feet wide street sections (measured back of curb to back of curb).
The right of way will also contain five-foot wide sidewalks that are adjacent to the back of the
curb. Staff is generally supportive of the proposed street system. For a detailed report on all of
ACHD's conditions, please see the AClID report and Exhibit B.
7. COMMENTS MEETING
On June 30, 2006, ajoint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staffhas included comments, conditions and recommended actions in
Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
TItis property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Chapter VII, Section C (pg. 95) of the Comprehensive Plan contains a deftnition of the
conunercial designation. This deftnition includes multi-family residential as an acceptable use in
commercial areas. Beyond this definition staff finds that there is a strong argument for saying that
the policies set forth in the comprehensive plan support multi-family residential use on this site.
These policies are described at length below.
Staff tinds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter vn, Goal III, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City sen,;ces to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
Touchstone Place Subdivision AZ.06.284/PP-06-028/CUP.06.021
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This se,.,ice will not change.
· The subject lands are currently serviced by the Meridian School District #2. This se,.,ice
will not change.
· The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Se,.,ices Company.
Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to extend the one stub street currently provided to this
property from the south. Staff believes that the applicant has done an adequate job of connecting
and extending the existing stub street.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivision!il together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct sidewalks adjacent to all of the proposed streets, which
connect to adjacent properties, Fainliew Avenue and Sandlin Avenue. The applicant is also
proposing to construct a 4-foot wide pathway system within the development to help link the
buildings together and provide pedestrian access to the proposed sidewalks. Staff is supportive of
the proposed pedestrian connections.
Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood colUlectivity.
See above.
Chapter VII Goal IV Objective D Action 7. Develop incentives for high~density development
along major transportation corridors to support public transportation system.
The applicant has a chosen this site on Fai,.,iew Avenue to construct the proposed multi-family
Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP..Q6-021
PAGE 6
CITY OF MERIDIAN PLANNING DI;:PARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22 2006
,
deveLopment. Staff finds that this location is favorable for such a deveLopment because of the
access fUture residents will have to goods and services offered along Fairview Avenue. This type
of density will also help to support any future public transportation that may run along this
heavily traveled thoroughfare.
Chapter vn Goal V Objective A Action 14. Locate higb...density development, where possible;
near open space corridors or other pennanent major open space and park facilities, Old Town,
and near major access thoroughfares.
See above
Chapter vn, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a medium high-density residential zone. Staff finds that this project
acts as a good buffer between the commercial uses on Fairview Avenue and the existing single-
family residential properties to the south and east of the proposed development.
Chapter vn Goal IV Objective A Action 6. Require screening and buffering of commercial and
industrial properties and residential use with transitional zoning.
See above
Chapter vn, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application is requesting an R-15 zone. Staff finds that this location is favorable for
this zoning designation because of its proximity to services along FainJiew Avenue. Staff also
recognizes the importance of providing diverse housing types through out the community. The
proposed development should help meet some of that demand.
Staff- believes that the proposed density (10.83 d.u. 'slacre) and zoning (R-15) for this property is
appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony
that may be provided at the public hearing when determining if the applicant's zoning and development
request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists multi-family dwellings as
conditional uses in the R-15 zoning district.
b. Purpose Statement of Zone:
R-15 Medium High-Density Residential: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the
Touchstone Place Subdivision AZ-06-284IPP-06-028/CUP-06-02]
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
multifamily units, including standards for Site Design, Common Open Space, Site Amenities,
Architectural Character, Landscaping, and Maintenance.
Site desien rune I 14-3.27B):
Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is
otherwise required by this Title. Building setbacks shall take into account windows, entrances,
porches and patios, and how they impact adjacent properties
A minimum of 80 square feet of private, usable open space shall be provided for each unit. This
requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping,
entryway and other access ways shall not count toward this requirement.
For the purposes of this Section, vehicular circulation areas, parking areas, and private useable
open space shall not be considered common open space.
The parking shall meet the requirements set forth in Chapter 3 of this Title.
Developments with 20 units or more shall provide the fOllowing: a property management office, a
maintenance storage area, a central mailbox location, a directory and map of the development at
an entrance or convenient location for those entering the development.
Common open space design requirements runc 114-3.27C):
A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet
for each unit containing 500 or less square feet ofliving area; b) 250 square feet for each unit
containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square
feet for each unit containing more than 1,200 square feet of living area.
Common open space areas shall not be adjacent to collector or arterial streets unless separated
from the street by a constructed barrier at least 4 feet in height.
Site develoDment amenities (UDC 11-4-3.27D):
All multifamily developments shall provide for quality of life, open space and recreation
amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse,
fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open
grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and
plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts).
The number of amenities shall depend on the size of the multifamily development as follows: For
multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1
from each category. For multifamily developments with more than 100 units, the decision-making
body shall require additional amenities conunensurate to the size of the proposed development.
Architectural Character (UDC 11-4-3.27 .E):
All building elevations shall have a minimum portion of the elevation devoted to architectural
features designed to provide articulation and variety. These features shall include, but are not
limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances;
and changes in material types. Changes in material types shall have a minimum dimension of two
feet and minimum area of 25 square feet.
Touchstone Place Subdivision AZ.06.284/PP.06.028/CUP-06-021
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
Main entrances, which are the primary point(s) of entry where the majority of building users will
enter and leave, shall be designed as an obvious entrance and focal point of the building through
architectural treatment, lighting, and address identification.
Entrances shall be adequately covered, recessed, or treated with a permanent architectural featlU'e
in such a way that weather protection is provided.
Roof fonns shall be distinctive and include variety and detail when viewed from the street.
Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice
treatments.
Exterior building materials and finishes shall convey an impression of pennanence and durability.
Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged.
Windows are required to allow views to exterior activity areas or vistas. Windows shall be
provided on any building facing any common area used for children's recreation.
All roof and wall-mounted mechanical, electrical, conununications, and service equipment should
be screened from public view from the adjacent public streets and properties by the use of
parapets, walls, fences, enclosures, or by other suitable means.
Landscaoine: (lJDC 11-4~3.27.F):
Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this
Title.
All street-facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards: The landscaped area shall be at least
three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimwn
mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the
remainder of the landscaped area.
UDC 11-4-3.27.G:
All multifamily developments shall record legally binding documents that state the maintenance
and ownership responsibilities for the management of the development, including but not limited
to structures, parking, common areas, and other development features.
Outdoor storae:e/refuse areas ruDC 11-3A-12):
Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service
functions shall be incOIporated into the overall design of buildings and landscaping so that the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF AUGUST 22, 2006
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-1S zone is appropriate for this property.
Please see Exhibit D for detailed analysis of the required facts and fmdings for
annexation.
The annexation legal description submitted with the application (stamped on April 14,
August 17, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
Special Considerations:
Develooment Al!feement: UDC 1l-SB-3.D.2 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
conunitment for all future uses. Staff believes that a DA is necessary to ensure
that this propertv is developed in a fashion that does not nellatively impact
nearby oroperties.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
· That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
· That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
· That the applicant will be responsible for all costs associated with the
sewer and water service extension.
· That any existing domestic wells and/or septic systems within this
proj ect will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
· That the following shall be the only allowed uses on this property:
multifamily development and allowed accessory uses of the R-15 zone.
· that a maximum of 48 units will be constructed on this site.
· That prior to issuance of any building permit, the subj ect property be
subdivided in accordance with the City of Meridian Unified
Development Code.
· That a street buffer, constructed in accordance with City Code, be
installed along Fairview Avenue prior to occupancy of any new dwelling
units.
· That cross access to/from the proposed North Jericho Way be provided
to the parcel to the west, for future development along Pairview Avenue.
· That the annexation lellal descriDtion shall include the entire lellal
Dartel as it is currentlv described.
· That the final Dlat shall indude aU of the prooertv bein2 annexed
Touchstone Place Subdivision AZ-06-284/PP.06-028/CUP-06-021
PAGE 10
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARlNG DAlE OF AUGUST 22,2006
with the Touchstone Place development indudin2 all "disputed"
areas. OR. that any land area that is annexed with the Touchstone
Place development that is not induded within the boundaries of the
final plat for Touchstone Place shaD be conveyed to the adiacent
property owner. prior to slmature of the final plat bv the Citv
En2ineer.
2. PP/CUP Applications:
Special Considerations:
Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled
Sheet L1, is approved with the following modifications/notes:
· Per UDC 11-3B.1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
· A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11.3B~14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the final plat application(s).
Multi.familv Standards: The UDC has several specific standards that apply to multi-
family developments (See UDC Section 9 above for a complete list.) These standards
apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural
Character, Landscaping, and Maintenance. The applicant should be required to
comply with all standards listed in UDC 114-3.27.
Multi-familv Setbacks: UDC 11-4-3.27 states that multifamily developments with
multiple properties shall be considered as one property for the purpose of
implementing certain standards such as setbacks. Due to the nature of multi.family
developments it can be difficult to detennine the proper setback requirements. UDC
11-4-3.27 states that multi-family buildings shall provide a minimum. setback of ten
feet unless a greater setback is otherwise required. With that stated staff believes that
this standard should be applied to all structures adjacent to perimeter property lines
including garages. The current orooosal shows variations in the setback to the
oerimeter orooertv lines: a setback of five feet along the northern orooerty line is
shown. This setback should be expanded to ten feet to meet the minimum UDC
requirement as described above.
Refuse Areas: The Sanitary Services Company (SSe) has conunented that some of the
proposed dumpster locations may not be adequately designed. Further, the submitted
plans call-out chain link fencing with vinyl slats as screening for the refuse containers.
Staff believes that a solid wood or block fence would be more aDDrooriate to screen
the refuse containers from the street. UDC 11-3A-12 reauires the visual and acoustic
impacts of these functions are fullv contained and out of view from adiacent prooerties
and public streets.
Open Soace: Open space is defined as an area substantially open to the sky that may
be on the same property with a structure. The areas may include, along with the
Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of AUGUST 22.2006
natural environment features, parks, playgrounds, trees, water areas, swimming pools,
tennis courts, conununity centers or other recreational facilities. The term shall not
include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4-
3.27C requires a minimum area of outdoor common open space shall be provided as
follows: a) 150 square feet for each unit containing 500 or less square feet ofliving
area; b) 250 square feet for each unit containing more than 500 square feet and up to
1,200 square feet ofliving area; and c) 350 square feet for each unit containing more
than 1,200 square feet of living area. Common open space areas shall not be adjacent
to collector or arterial streets unless separated from the street by a constructed barrier
at least 4 feet in height.
The applicant states that 10.8% (0.48 acres) of the site is being set aside for common
open space. Vehicular circulation areas. parking areas, and private useable open space
shall not be considered common open space. Maintenance of all conunon areas shall
be the responsibility of the Touchstone Place Home Owners' Association(s).
Private Useable ODen Space: UDC 11-4-3.27B requires a minimum of 80 square feet
of private, usable open space shall be provided for each unit. This requirement can be
satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway
and other access ways shall not count toward this requirement. The proposed
development appears to meet the minimum requirement as described.
Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to
have a two-car covered carport or garage for each unit. All of the proposed 48 units
have two car garages.
Private Streets: There are some units within the development that are set back from
the public street some distance. These units may be difficult for emergency services,
delivery services and the general public to ftnd. Therefore, staff recommends that the
applicant submit a private street application for the "driveways" off of North Jericho
Way and Sandlin Avenue. These private streets should carry street names approved by
the Ada County Street Naming Committee and comply with the private street
standards listed in UDC 11-3F. Staff is generally supportive of private streets for
multi-family developments. The applicant should desilm and construct the private
streets in compliance with the standards listed for Private Streets in UDC 11-3F.
Amenities: The applicant is required to provide amenities for the multifamily
development. For multi-family developments between twenty and seventy-five units
three amenities shall be provided with one from each category (UDC 11-4-3.27D-2b).
The applicant is providing amenities as follows: Development map/directory,
community club house and fttness facility (Quality of Life), playground with parent
area (Recreation) picnic tables and patio (Quality of Life), and open space with
walking paths (Open Space). Staff believes that the proposed amenities are sufficient
for a multi family development of this size.
Elevations: The applicant has submitted building elevations for the proposed 8-plex
stroctures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with
the design standards listed in this section. Staff believes that the elevations submitted
with the CUP significantly meet the requirements of the design standards listed in
UDC 11-3A-l9. Staffwill ensure that when CZC applications are submitted for
construction of the g-plex buildings in the future, that the elevations comply with the
Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP -06-021
PAGE 12
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22, 2006
UDC requirements.
Existing ResidenceslBuildin2s: The site currently contains one existing residence.
The applicant proposes to relocate or remove all structures prior to construction.
Fencing: The applicant has not proposed to construct fencing along any portion of the
property lines. Staff believes that six-foot hi2h solid fencing should be constructed
along anv portion of the property line that is not currently fenced. This fencing will
help act as a buffer between the proposed development and any future conunercial
development to the north. A detailed fencinl.! ulan should be submitted upon
application of the final olat. If permanent fencinlZ is not provided before issuance of a
building Permit. temoorary construction fencing to contain debris must be installed
around the perimeter. Perimeter. and conunon open space. fencing shall be desilZIled
according; to UDC 11-3A-7.
Common Areas: Maintenance of all common areas shall be the responsibility of the
Touchstone Place Home Owners Association.
Ditches. Laterals. and Canals: Per UDC 11~3A-6 all irrigation ditches, laterals or
canals, exclusive of natural waterways, including watetWays being used as amenities,
that intersect, cross or lie within the area being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. The applicant should be required to use
any existing surface or well water for the primary source. If a surface or well source is
not available, a single-point connection to the culinary water system shall be required.
If a single-point connection is 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 underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 andMCC 9-1-28.
b. Staff Recollllllendation: Staff recommends approval of the subiect aoolications AZ~06-028 and
PP-06-028. and CUP-06-021 with the conditions listed in Exhibit B of the Staff ReeoIt for
the hearing date of Julv 20. 2006. On Julv 20. 2006 the Meridian Planning and Zoning
Commission voted to recommend approval of the subject applications. On September U.
2006 the Citv Council aDoroved the subiect aDDlications.
Touchstone Place Subdivision AZ-06-284/PP-Q6-Q28/CUP-Q6-021
PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22, 2006
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 6-16-06)
2. Landscape Plan (dated: 6-15-06)
3. Site Plan (dated 6/15/06)
4. 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
C. Legal Description
D. Required Findings from Unified Development Code
Touchstone Place Subdivision AZ-06-284/PP..o6-028/CUP-06-021
PAGE 14
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
A. Drawings
1. Preliminary Plat (dated: 6-16-06)
l......... __..rm__c~=-i-F=-::~c,'-~i'=T--l
: ; I I : : ,
l: -+ !:-; 1 ~' II'...' - :
~ : 11I1 f l!; ~ --1~' ~ j :, . 1
p: ._, ' 1...~_~n'_1 :
.--"._JJ..---..- p,. __" ...._...... _____
'-'"
:--~~=-'.---"++---p..---'----'----," , - -.------ '--~--... ... .......
_ _. J_IIIIII.' _~._" ..,.. ~_'Y. __" ,___
--.-_n__,u_______._.. "-. ~-~:r.-.'----_,
--~............. ..._-~. --- -", . ......~-..
\ .~ --
. .. -- ~-.1;
I · .} \. iLIjI.. ,: :
---:,' c; ,
~ .i.lllll '\ __. . ~ ! 1
!! l-u': I
;~- 1-',\ i
J9 i - 1- \ ii
- "'\"'''-'':
-~-._,~,'-' '--""'<-=:' \. t. i
.-.1\ ~ I .. i I!!
I '\J \ ./"..'u'~!
--'.p 1'1'
I ~ : J i - i (--~=, i'I,,'
I I l-! : -ii:
I; . tel":' i i ,_m_ . ,~"I!
, I '0 ' 1-- I: - !
~ - go R. " \ -''if-..../'" i ~--- ---i)
~ 0 I.." 'I -, I - //
I ,....- .,1' ~ \ ~....,,/
...... .. - -----B - ~~ - . ...~- I .. ~ '-_/ ,;<
.. r:::.t[ :~':'::;i I - .. i-: ..... :. 1'':;:'-- ;~: 1:-:: i --~j ':~.:' ) (~., :
I .: L : t n_ , : rnJ l... f' : I -' , i ,*' Ii, c-, ""., p- \~i
;-........' '-~ ._~_.., .. .",.-~~O ...~ :'~_-,--- ---:/,..i _, 'j
'i<'(8'~ E:]'< i~~:...[~:;or;:~:: i~:,\;~:~~.\\:~
,-.! ...10,,' I' ,. --" "I I' I, ~___. , . , Ln. __~.. , '.. . '\ '
'! :~'\, :':---:~p,,-'1 ~..!;;;:~-I --::, '~..-/ I ,\:--r':~_;~,-_\ .,:-:::~_,\.'
-- I \ ~." '"'-__I '........ I .--'1 I j" 'II. ( I ) I ........r' ,\~..~.... ,
Ut..~..:~.:.....~.~ .,------. ~:--.. 1 L:~~-J J \::.:L~\ .;-~J.:-:~I '\'- .,.\,
II!I, " " ... '-, - ,
, !IIUi 1) :j: ';/111111111111:
il.I' iI9D~;~~~~J';:!' !f I: ::rl.
~:p ~ 11111!!li!ii~'''!' I' I __ ' : g
II ,Pi I U..I. !: r
-==~..J~ IA
- - -~':':~
~~_. .--
I
"-. - .. ...,~''',...".",,~ .., .- ....-..----." '.
Exhibit A - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
2. Landscape Plan (dated 6-15-06)
tI...cw... -'l~~: -=i""" 1If,~~_. ''i;'e: i
...r~ -:-.(fj~ -;- .......--..._ ::tTl 8__1iliI\\a-..o:nIlQIl l"I!:!~ij'l't~-
..... - "..-- 3?Y143 l.iSH7YlO.1. li~~i..J
-__ NCmIIOH ~." ,
NllU. vtII'\cIdY ;en '1YNOUQloo
, I r-
Ii .rl tJ
!I"!lltl
I, '!lllt. :
~ OO,!ffiI~,n" '
. . t l'{1 ,
J't
" I \
J" / .....
-- '-" ''I'' ,"
,.,.~ _.... 4'1M :
i
U)il';
::IE:'"
~'"
::l''-
~:,,'
o'~'
~"~
0, =
WO U
o I s~
<z 81
~i' I
UJ i}o)
Zw e~
e~ ~~
~~: !I
~.'5; U
-~-,
\"Z
~ '
I
p
~
0: Il
~ :.
.,: ~
<
t'i1jr;'~'!t':TI.'Ift-' n III'" /11'" '\f.li~""~1" "~.';.~ _l'\,J."1 ""'..'':; ~';':I "1': ,
Exhibit A - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22,2006
3. Site Plan (dated 6-15~06)
I'.. ":.......":.A'\.... - . ..::.....
~~ --.-..--.
Mifi-iiie -7.8,:- ~~
..--
~ "Ji': .... i
1~:J~lt,:~,:!} <(
-'n~~i ~ ~ I ! --. ".
'J M' II q I
! J t ~!' it H · jJ
:!:lJt~f' I I~ i!1
ii t Ii ii, f~hrtl! II ! Il'P,~
!!l f r L ~ I . - 'I tI Ii
ti: ~ ! !!- ~ !.~. d ! , d~".
-." \.- ~,. ,,-
ll~
./ I \
-' , ~
._". .- ,----
~,_. In.
.. ~--~-_., ---_...~ - --~, .~--::!!....""...~. -.--
--..,.. --"'---"""_.
'I,'
i
~~
~if
iH
~
l
.
.
j
I
NOIJ.'fO!lddy 3Sn l't'HOLldIOo
!i
n
%1
~i~ i~
"5 II
a.. !I
I'
dJ
\ '~~
:,;:,.j,~i:~:.;,:I: i i
. :'~,~i,:'J, :~
i:~~.:j;-
~' .
II j II
· ! ~I jl
f3:., ~" '-j~
l,/ ", : ~.
,i. 'I 3
1'\;,.::: i
, -.j
;.--... .,J.
;t
~
~
3'
~
:~
.:!
i.
~I lH k ';"
~ !lii ~
'",- --
I n'f' >,
· ! l) J i 3i
~,
i,
.~ - ~
n."W.",*II:"S J, ..v $tll "',~,'liltll I"'."~ .~lh....( -<-.--: Co.:!:1 ~v ...
Exhibit A - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR '!HE HEARING DATE OF AUGUST 22,2006
4. Elevations
"J~OOR COF'i
I[&~:J~IRE
~.. ' "=--,= ". -~~....~
I'
~........<:.:._. _ ~~~.." w.......,_ ~..._. ''=.''~ __~._.",..
........ ._,pe,...." _.- - --
Exhibit A - Page 4
CITY OF MERJDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF AUGUST 22,2006
:: POOR COpy
II~~~;
- .._-_~...~ . ... _ AMlWl_ tiC
r--'''=.~-- --~-. '." .-'..- ..c,""'~~~.'~
-<-""~ ... --..
,.._.'..............;~,lIIlII~wl
-.
.....-...-
~~;-_,._v.
-....--...
Exhibit A - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (pP-06-028)
1.1.1 The preliminary plat labeled as PRE, prepared by Briggs Engineering, Inc., dated June 16, 2006 is
approved, with the conditions listed herein. All comments and conditions of the accompanying
Annexation and Zoning (AZ-06-014) and Conditional Use Permit (CUP-06-021) applications,
and the Development Agreement for this property, shall also be considered conditions of the
Preliminary Plat (PP-06-012).
1.1.2 Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is
approved with the following modifications/notes:
· Per UDC 11-3B-I0, the applicant should work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
· A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan. All standards of installation should
apply as listed in UDC 11-3B-14.
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. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the fmal plat application(s).
1.1.3 All existing structures shall be removed or relocated, prior to signature of the [mal plat by the
City Engineer.
1.1.4 The applicant shall submit a Private Streets Application for the driveway that runs through lot 1
prior to any construction or site development.
1.1.5 Provide the following amenities: 0.48 acres of common open space, a community club house and
fitness facility, a property management office, a maintenan<,;c storage area, a development
map/directory, a playground with parent area, patio with picnic tables, and walking paths
throughout the development.
1.1.6 Cross access to/from the proposed North Jericho Way shall be provided to the parcel to the west,
for future development along Fairview Avenue.
1.1.7 Six-foot high solid fencing shall be constructed along aar portioR of the perimeter property lines.
that are aet eeffeatly feBEled. A detailed feooiBg pie shall be sabmitted l:lfleR RfJplieatieR ef tke
fmal plat. If pennaneat :feBeiftg is ROt }*"a...ided hefsfe iS9l::JaRee af a h\i:i.ldieg permit, tempomry
eeRstnl<<ieB feaeiBg ta saRtain d'*'ris must he insta:1.1ed are1:lBd the perimeter. Perimetef, eSfflfH.eR
eflea Sflaee, ad miere pa. feaGiBg sBe:l:l he desigBeEl aee8fEkng te UDC 11 3.^~ 7.
1.1.8 Provide a minimum ten foot setback along all perimeter property lines, including the northern
property line adjacent to the commercial zone, as required by UDC 11-4-3 .27B 1.
1.1.9 Maintenance of all common areas shall he the responsibility of the Touchstone Place Home
Owners' Association.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways,
including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie
within the area being subdivided shall be covered. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.1.11 UndergroWld, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (pP-06-028)
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 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.3 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 UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards 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.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of respoll5ibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.3 SITE SPECIFIC REQUIREMENTS - CONDITIONAL USE PERMIT (CUP-06-021)
1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments,
including Site Design, Common Open Space, Site Amenities, Architectural Character,
Landscaping, and Maintenance.
1.3.2 The dumpster locations shall be redesigned to meet the requirements of The Sanitary Services
Company (SSe). All refuse areas shall be screened on three sides with a solid wood or block
fence to help mitigate the visual and acoustic impacts of these functions.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
1.3.3 Provide at least 80 square feet of private, usable open space for each 8-plex unit, such as a patio
or deck.
1.3.4 All elevations ofthe eight-plex buildings shall confonn to the elevations in Exhibit A of the Staff
Report. All roof and wall-mounted mechanical, electrical, communications, and service
equipment shall be screened from public streets and properties by the use of parapets, walls,
fences, enclosures, or by other suitable means.
1.3.5 All comments and conditions of the accompanying Annexation (AZ-06-028) application and
Preliminary Plat (PP-06-028) application shall also be considered conditions of the Conditional
Use Pennit (CUP-06-021).
2. Public Works Department
2.1 Sanitary sewer se:rvice to this development is being proposed via extension of mains in Danbury
subdivision to the south. The applicant shall install mains to and through this development;
applicant shall coordinate main size and routing with the Public Works Department, and execute
standard fonns 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 The applicant shall be required to extend a sewer main to the parcel to the north, indicated on the
preliminary plat as #S1107120650.
2.3 Water service to this site is being proposed via extension of mains in Danbury Subdivision. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 The applicant shall be required to connect to mains in W. Fairview to the north and Sandlin to the
south. Upsizing of the water mains in this development may be required during plan review once
specific fife flow requirements for the proposed structures are detennined.
2.5 Any potential reimbursement agreements must comply with all requirements of City Codc 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 amount shall be approved by Council prior to plat signature.
2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"fmal draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
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
signatw"e on the final plat by the City Engineer.
2.9 All existing structures not meeting the dimensional standard of the UDC shall be removed prior
to signature on the final plat by the City Engineer.
2.10 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.
2.11 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.
2.12 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.
2.13 A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatm.ent and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed., road base approved by the Ada COWlty Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.15 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.
2.16 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the [mal plat.
2.18 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.
2.19 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
2.21 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
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1lfE HEARING DATE OF July 20, 2006
requirements for unobstructed sidewalk: access.
2.22 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.
2.23 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.
2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures
is 30-feet. All streetlights shall be installed at subdivider's expense. Typica11ocations 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 pennit from the Public Works Department prior to commencing installations.
3. Fire Department
3.1 Acceptance of the water supply for fITe protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fITe hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing penmts.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the !Fe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 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.
3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI03.6 Signs.
3.5 For all Fire Lanes, provide signage "No Parking Fire Lane".
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 Commercial and office occupancies will require a flre-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 The proposed multi-family lots have an estimated 48 units with a total estimated population of
139 residents at build out The Meridian Fire Department has experienced 2612 responses in the
year 2004. According to a report completed by Fire & Emergency Services Consulting Group our
requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20,2006
3.9 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.
3.10 Maintain a separation of 5' from the building to the dumpster enclosure.
3.11 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s). An addressine: Dlan for the stairwells and doors shall also be included to ensure
that emere:ency oersonnel can Quicklv locate each unit.
3.12 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.
3.13 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code officiaL For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.15 There shall be a f1fe hydrant within 100' of all Fire Department connections.
3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section D 105.
3.17 B1:lilEliags er faeilities eKseediBg 39 feet (9144 mm) er thfee steries in heigkt shall have at least
three means af flfe apparatus aeeess fer eaefi stfuct\H'-e. (R-emeteB6SS Relii1:lH-ed)
4. Police Department
4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct
visitors to the main entrance and away from private areas.
4.2 The pedestrian access to the proposed clubhouse/community entrance is not well-defmed. The
applicant shall submit a revised landscape plan that uses walkway paving materials and
landscaping to alert motorists to the pedestrian traffic.
4.3 Prior to release of building permits, the applicant shall submit a parking plan for all off-street
parking in the multi-family development to the Planning and Zoning Department. All parking
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
spaces shall be assigned to a specific dwelling unit or for guest Use. The parking space
identification shall use a different numbering system than the dwelling units.
4.4 The proposed multi-family development shall limit landscaping shrubs and bushes to species that
do not exceed three feet in height.
4.5 Any interior fencing next to common open space shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
4.6 The loading areas shall be separated from all public parking areas.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
6. Sanitary Service Company
6.1 Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. Ada County Highway District
Site Specific Conditions of ADDroval
7.1.1 Dedicate 60 -feet of right-of-way from the centerline ofFairview Avenue abutting the parcel by
means of a waITanty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way. Construct a 5-foot detached
concrete sidewalk a minimum of 58-feet from the center liAe of Fairview Avenue abutting
I
7.1.2 Dedicate approximately lO-feet of right-of-way 220-feet along the west side of S. Jericho Way
from Fairview Avenue to the northwest property line. i
I
,
7.1.3 Construct all internal streets as a 36-foot street section witll curb, gutter, and 5-foot concrete
sidewalk within 50-feet of right-of-way.
7.1.4 Construct Sandlin Avenue to align with existing Sandlin Avenue to the south as proposed. Align
South Jericho with Jericho north of Fairview Avenue.
7.1.5 Comply with all Standard Conditions of Approval.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right~of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
bome by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
constn1ction of the proposed development. Contact Construction Services at 387-6280 (with file
nwnber) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 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.
7.2.10 Payment of applicable road impact fees are required prior to building constmction in accordance
with Ordinance #200, also known as Ada COWlty Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of~way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (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.
7.2.12 No change in the tenns and conditions of this approval shall he 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 confmnation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DArE OF July 20,2006
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
8.1 Run-off is not to create a mosquito breeding problem.
Exhibit B - Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20,2006
C. Legal Description (map and elesliN repeR still Feqaifea 19y PHebe Werks :fer ce';iew ana aflflroval)
REVISED
ANNEXATION DESClUPTION
FOR DISCOVERY SPRINGS
August 17. 2006
A PARCEL OF LAND LOCATED IN THE NOR1HWEST 1/4 OF THE NORTHEAST 1/4 OF
SBC'I10N 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN,
ADA COUNlY, IDAHO. MORE PAR.llCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT TIlE NORTHEAST CORNER OF SECTION 7, T.3N., RIE., B.M.,
MERIDIAN, ADA COUNlY. IDAHO; THENCE N 89054'45" W ALONG THE NORTH LINE
OF THE NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTIlEAST CORNER OF THE
NW4 OF TIlE NE4 OF SAID SBCTION 7; TIlE REAL POINT OF BEGINNING OF TIllS
DESCRIPTION; .
mENCE S 0004'14" W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF
WEST SIDE OF DANBURY FAIR SUBDMSION NO. 6 667.97 FEET TO A POINT ON THE
NORTH SIDE OF DANBURY FAIR. SUBDIVISION NO.1;
lHENCE S 8!r50'4r W ALONG SAID NORTH LINE 403.28 FEET TO A POINT;
nmNCE N 0008'09" E LEAVING SAID NORm LINE 460.96 FEET TO A POINT;
THENCE S 89"54'45" E 194.03 FEET TO A POINT;
THENCE S 00004'14" W 41.29 FEET TO A POINT;
TIlENCE S 89"54'45" E 123.71 FEET TO A POINT;
THENCE N 0004'14" E 250.00 FEET TO A POINT ON THE SAID NORTII LINE OF mE
NB4;
THENCE ALONG SAID NORTH UNE S 89054'45" E 85.00 FEET TO THE REAL POINT
or BEGINNING OF TInS DESCRIPTION.
SAlD PARCEL CONTAINS 4.55 ACRES MORE OR. LESS.
WAYNE K. BARB
PLS 8444
50406-revannex.doc
Exhibit C - Page 1
CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
I ! ~
i ~ Ii n~
oj I iI ~ ~J
g, · dH
ROW ~ ~ '~it" !
--- POINT Ie . ~
6 5
v' 7 8
ROW ,
, .
I~
,u.l
1':..-
Ij
,z
rs 8i54'45. (-194.QT1 I
1 4129'~'-.--.-.J.
i S Oll'Of14' W S -'" E 123.71
1
,
'CD
,~
Ii
~
10
12
I
I
I
Exhibit C - Page 2
t
I'IlllPOSm AIIIIEllA'IION IWUL
4.48 t(lIiS
I ! g
11
.50'
'45- W
.
t:f:I;l
f!lj
Bel.
~
zZ ~ I
e~ I1l i
~I i II
~ t
~!:
~S'
~
~ i
z
~
n.
UI
I
I
I
E;;I
IS
~Il
. I
:!, I
~,'
b'
01
~,
I
, I
, I
I
iii
I
to.
~ w S
- I
800
i
.. I
lot:.
Ii
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Counc:iI shall make a full investigation
and shall, at the public: hearing, review the application. In order to grant an annexation
and/or rezone, the Councll shall make the following findings:
1. The map amendment complies with the applicable provisions ofthe comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-15. City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that future development of this property will comply with the
established regulations and purpose statement of the R~15 zone.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that may be provided when determining this fmding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
S. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
The R-15 zoning amendment will provide a buffer between the existing single family
detached units to the south and east and any future commercial development along
FaiIView Ave. City Council finds that all essential services are available or will be
provided by the developer to the subject property and will not require unreasonable
expenditure of public funds. The applicant is proposing to develop the land in general
compliance with the City's Comprehensive Plan. This is a logical expansion of the City
limits. In accordance with the findings listed above, City Council finds that Annexation
and Zonin2 of this orooertv to R-15 would be in the best interest of the City. if the
applicant enters into a Development All1'eement ffiA) with the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Exhibit D - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
City Council finds that the proposed application is in substantial compliance with the
adopted Comprehensive Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
City COWlcil finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, City Council fmds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public {"manetal capability of supporting services for the proposed
development;
The Commission and Council should rely upon comments from the public service
providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See fmding Items 3
and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for
more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
City 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. ACHD considers road safety issues in their analysis. The
Connnission and Council should 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.
6. The development preserves significant natural, scenic or historic features.
City Council is unaware of any natural, scenic or historic features on this site. Staff
recommends that the Commission and Council 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.
3. CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located
Exhibit 0 - Page 3
CIn' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006
City Council fmds that the site is large enough to accommodate all required parking,
landscaping, loading and other standard regulations required by the UDC.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
City Council finds 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).
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
City Council fmds that the general design (as amended), construction, operation and
maintenance of the multi-family use will be compatible with other uses in the general
neighborhood and with the existing and intended character of the vicinity as to not
adversely change the character of the area. City Council finds that a higher density
residential use on this site should be compatible with the neighborhood (provided the
applicant complies with all UDC provisions.) The Commission and Council should
reference any public testimony that may be presented to determine whether or not the
proposal will adversely affect the other properties in the area.
D. That the proposed use, if it complies with aU conditions of the approval imposed,
wllI not adversely affect other property in the vicinity.
City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all Preliminary Plat, Development
Agreement and CUP conditions and constructs all improvements and operates the use in
accordance with the UDC standards.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fIre protection,
drainage structures, refuse disposal, water, and sewer.
Please refer to the comments and conditions prepared by the Meridian Fire Department,
Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit
B.
F. That the proposed use will not create excessive additional costs for public facWties
and services and will not be detrimental to the economic welfare of the community.
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police and school facilities and services.
City Council finds that the applicant should be required to pay to extend the sanitary
sewer and water mains into the site. No additional capital facility costs are expected from
the City. The applicant and/or future property owners will be required to pay highway
impact fees. City Council finds that the proposed uses should not create excessive
additional costs for facilities or services and should not be detrimental to the economic
welfare of the community.
G. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
Exhibit D ~ Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAf.F REPORT FOR TIlE HEARING DATE OF July 20, 2006
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
City Council fmds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area. Staff
does not believe that the amount of traffic or noise generated will be detrimental to the
general welfare of the public. Staff recommends that the Commission and Council
reference any public testimony that may be presented to determine whether or not the
proposal may cause health, safety or environmental problems of which staff is unaware.
H. Tbat the proposed use will Dot result in the destruction, loss or damage of a natural,
scenic:: or historic:: feature considered to be of major importance.
City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature( s) of major importance. Staff recommends that the
Commission and Council 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 staffis unaware.
Exhibit D - Page 5