Canterbury Commons Subdivision AZ 06-013
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/30/06 01:21 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
J.S. Risi Revocable Family Trust and Risi Family Limited
Partnership, Owners
American West Hoines, LLC, Developer
3.
. TillS DEVELOA/:NT AGREEMENT (this "Agreement"), is made and
entered into this / / Ij-. day of P VeA ~ , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY", American West
Homes, LLC, whose address is 398 S. 9th Street, #250, Boise, ill 83702, hereinafter called
DEVELOPER, and J.S. Risi Revocable Family Trust & Risi Family Limited Partnership,
whose address is 1220 Coast Village Road, #108, Montecito, CA 93108, hereinafter called
OWNER.
1.
RECITALS:
1.1 WHEREAS, Owner 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 petmit as a condition of re-zoning that the
Developer and/or Owner make a written conllnitment concerning the
use or development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Developer 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, Developer and/or Owner made representations at the
public hearings both before the Meridian Planning & Zoning
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 1 OF 13
Commission and before the Meridian City Council, as to how the
subject Property will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of govetnment subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHJj;IU:AS, City Council, the 3rd 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 Developer and/or Owner to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 DEVELOPER and/or OWNER deem it to be in their best interest
to be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Developer and/or OWner to enter into
a development agreement for the purpose of ensuring that the
Property is developed and the subsequent use of the Property is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with thc 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.
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDMSION
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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.
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 fot, 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 DEVELOPER: means and refers to American West Homes, LLC,
whose address is 398 S. 9th Street, #250, Boise, ill 83702, the party
developing said Property and shall include any subsequent
developer(s) of the Property.
3.3 OWNER: means and refers to 1.S. Risi Revocable Family Trust &
Risi Family T -tmited Partnership, whose address is 1220 Coast Village
Road, #108, Montecito, CA 93108, the parties that own said Property
and shall include any subsequent owner(s) of the Property_
3.4 PROPERTY: means and refers to that certainparcel(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 TillS AGREEMENT:
4.1 The uses alluwed pursuaut to this AgreeJilent are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Section 11 which are herein specified as follows:
Construction and development of a multi family development
consisting of 116 residential lots (49 4-plex lots and 67 townhouse
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 3 OF 13
lots) and 10 common lots in a proposed R-15 zone on 20.32 acres
pertinent to this AZ 06-013 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. Developer and/or Owiler shall develop the Property in accordance
with the following special conditions:
1. That all future development shall not inVolve uses, activities,
processes, materials, equipment arid 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
consistent with the applicant's approved preliminary plat and site
plan unless otherwise modified by either provisions of the DA, or
in the future by the City Council.
3. That all future development of the subject property shall be
constructed in accordai1ce with City of Meridian ordinances in
effect at the time of development.
4. That the future uses and lots on this site shall conform to the
District Regulations contained in the Unified Development Code
(UDC), in effect at the time of development.
5. That the applicant will be responsible for all costs associated with
the sewer and water service extension.
6. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per
City Ordinance Section 5.7-517, when services are available from
the City of Meridian. Wells may be used for non-domestie
purposes such as landscape irrigation. .
7. That prior to issuance of any building permit, the subject property
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 4 OF 13
be subdivided (a recorded final plat) in accordance with the City
of Meridian Unified Development Code.
8. That all landscape street buffers and land use buffers will be
constructed in accordance with the UDC provisions in ettect at
the time of development.
9. That the applicant agrees to provide amenities on this site as
depicted on the revised preliminary plat dated May 19. 2006.
10. That no more than 116 buildable lots and 263 dwelling units may
be constructed on this site.
11. That the applicaht agrees to condo all of the proposed 4-plexes.
That said condo plates) shall be completed prior to occupancy of
any of the units.
12. The applicant shall be required to provide an easement for a
future public bus pull out/bus stop along Pine Avenue.
13. The specific design criteria and elevations pl-esented by the
applicant and discussed during the City Council meetings shall be
included within the development agreement for this site.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Developer and/or Owner or Developers and/or Owners heirs,
suceessors, 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:
Developer and/or Owner consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
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7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer and/or Owner and if the Developer and/or
Owner fails to cure such failure within six (6) months of such notice.
8. INSPECTION: Developer and/or Owner shall, iIilmediately 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.
DE.FAULT:
9.1 In the event Developer and/or Owner, or Developer's and/or Owner's
heirs, successors, assigns, or subsequent owners of the Property or
any other person acquiring an interest in the Property, fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the Property, this Agreement may be
modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Developer and/or Owner of any
one 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.
to. REQUIREMENT FOR RECORDATION: City shall reeord either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Developer's and/or OWner's cost, and submit proof of such recording to Developer and/or
Owner, prior to the third reading of the Meridian Zoning Ordinance iI1 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 Agrccmcnt.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
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12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Developer and/or Owner, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, tlle partit:s agree
that City and Developer and/or Owner shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which canIiot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Developer and/or Owner or City is delayed for
causes which aw beyund 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 dt:pusits, certified check or negotiable bonds, as allowed
under Meridian City Code, to insure that installation of the improvements, which the
Developer and/or Owner agree to provide, if requited by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owner agree
that no Certificates of Occupancy will be issued until all improvements are completed, unless
the City and Developer and/or Owner has entered into an addendum agreement stating when
the improvements will be completed ill a phast:d 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 hy the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owner
agree to abide by all ordinances of the City of Meridian and the Property shall be subject to
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 7 OF 13
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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
American West Homes, LLC
398 S. 9th Street, #250
Boise, ill 83702
OWNER:
I. S. Risi Revocable Family Trust
Risi Family Limited Partnership
1220 Coast Village Road, #108
Montecito, CA 93108
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEy FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 8 OF 13
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 perforIil 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 shalt be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Developer and/or Owner of the Property, each subsequent
owner and any other person acquiring an interest in the Property. Nothing herein shall in any
way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Developer and/or Owner, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Developer and/or Owner have fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held nut
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer and/or Owner
and City relative to the subject matter hereof, amI there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between Developer
and/or Owner and City, other than as are stated herein. Except as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or
resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can he modified or amended withOlit 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.
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 9 OF 13
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.
AC:rrnOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
AMERICAN WEST Z ~LC
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RISI FAMILY LIMITED PARTNERSHIP
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By:
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 10 OF 13
CITY OF MERIDIAN
Attest:
By:
\\"MA,XJ?,R TA de WEERD
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STATE OF-IDAHO, )
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County of Aatt; )
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On this 1L day of t--loveMh'f( 2006, before me, the 1f1derstgned, a
Notary PU?lic i~ and for said State, personally appero:ed -::rOS€~~ K l S i . '
known or Identlfied to me to be the ~ fJ n {J (' ~ \ ~ 1" r of Amencan
West Homes, LLC and acknowledged td me that they ex~ same on behalf of smd
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.
M . SANDS - NOTARY PUBLIC
COUNTY OF ~ STATE OF
TETON ~ WYOMING
M Commission Ex ires 9/26/2009
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Notary Public for.I<loftel ",,-c' ~
Residing at: -,-e--~ c......--v,J-1.
My Commission Expires: . ::::+<0 101'
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDMSION
PAGE 11 OF 13
STATE OF Lv If 0 yv...i~ )
1 : ss
County of\e-\vY\, )
On this ~ day of 10 0 V t' f"\.., b t'l, 2006, before me, the
undersigned, a Notaryp-P!lbl~C in and for said Stat~, p~rsona1ly appeared
. ~>--ffih.... l ":'" , known or Identified to me to be the
--rTvt~t- . €- of the 1.S. Risi Revocable Family Trust and
acknowledged to me that they executed the same on behalf of said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this cerlificak first above written.
MELANIE K. SANDS - NOTARY PUBLIC
COU~~~AL) &\ STATE OF
TEto'N ~ WYOMING
Mv Commission EXDires 9/26/2009
STATEO~f1M:~~ )
County of =.r Wl"'\ , )
011 tltis J l~ day uf llo'Ve rvJaer: 2006, before me, the
undersigned, a Not~ary,P~bliC in and for said Stat~, p~rsonally appeared
~~fu -. -I :",. ., known or ,dentrlied to me to be the
~ ~ t'r of the Risi Family Limited Partnership and acknowledged
t . e that they exe uted the same on behalf of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate :ftrst above written.
MELANIE K. SANDS - NOTARY PUBLIC
ooum-Y,Qt). STATE OF
T~ WYOMING
Mv Commission EXDires 9/26/2009
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDIVISION
PAGE 12 OF 13
STATE OF IDAHO )
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County of Ada )
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On this ~, dayof f\. bvern\oG.r ,2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Ir., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instnIment or the person that executed the instnIment of behalf of said City, and
acknowledged to ine that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the uay and year in this certificate fust above written.
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otary Public for Idaho
Residing at: Ca..ld U,)f 11 l b
Commission expires: \[)-\ (- \ l
DEVELOPMENT AGREEMENT (AZ 06-013) CANTERBURY COMMONS SUBDMSION
PAGE 13 OF 13
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UNLIMITED BOUNDARIES. INC. DBA
Associated Land Surveyors
1103 W. Main 8t.
Middleton, Idaho 83644
LEGAL DESCRIPTION FOR
AMERICA WEST HOIvlES
The following describes a parcel of real property being a portion of
the Southwest Quarter of Section 11, Township 3 North, Range 1 West,
a.M., City ot Meridian, Ada County,. Idaho, and being more particularly
described as follows:
Commencing at tne Center Quarter Corner of said Section II, thence
along the east-west centerline of said Section II, N89010'45'"'W, 572.46
feet to the POINT OF BBGINNLNG;
Thence, leaving said centerline, SOOoSO'18"W, 92.5.48 feet to the
northerly Right-ai-Way of the Onion Pacific Railroad;
Thence, along said Right-ai-way, N8S"27'40"W, 634.81 feet to the
centerline of the Ten Mile Stub Drain;
Thence, along said centerline, N020 56' 15"E, 47.88 feet
Thence, continuing along said centerline, N20045'45''w, 98.82
feet;
Thence, continuing along said centerline, N41018'45''W, 515.84
feet;
Thence, continuing along said centerline, N59026'45"'W, 645.83
feet;
Thence, leaving said centerline, NOOo52'15HE, 74.93 feet to the
east-west centerline of said Section 11;
Thence, along said centerline, 5B9010' 45"E, 1576..42 feet to the
POXN't OF aBGnonNG,
The above described parcel of real property contains 21.77 acres, more
Qr less and is subject to toe Rights-of-Way of the Eight Mile Lateral
being Si.xty-teet (60') in width, West Pine Avenue being Twenty-Five feet
(SO') in width and an easemAnt for the Ten MilA Stnb J)rain being Sixty-
feet (60') in width.
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CITY OF ~RlDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 21.77 acres to R-15 (Medium High-Density
Residential), AND Preliminary Plat approval of 116 residential lots (49 4-plex lots and 67
townhouse lots) and 10 common lots on 20.32 acres, AND Conditional Use Permit approval
to construct a multi-family development consisting of 196 multi-family dwelling units (4-
plexes) on 49 lots and 67 townhouse dwelling units, AND Private Street approval adjacent
to the proposed multi-family lots within Canterbury Commons Subdivision, by American
West Homes, LLC.
Case No(s): AZ-05-013, PP-06-011, CUP-06-006, and PS-06-005
For the City Council Hearing Date of: September 12, 2006 (Findings approved on October
3, 2006)
A. Findings of Fact
I. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006
incorporated by reference)
2. Process Fal;ts (see attached Staff Report for the hearing date of July 11, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 11,
2006 incOIporated hy reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 11, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title II 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-06-01 3 / PP-06~Oll / CUP-06-006 / PS-06-005 - PAGE 1 of 5
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
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 bt:: 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, Site Plan,
Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the
hearing date of July 11, 2006 incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval
of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 1I-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated June 30,2006 is hereby conditionally approved;
2. The applicant's Landscape Plan as evidenced by having submitted the Landscape Plan
dated June 26, 2006 is hereby conditionally approved; and,
3. The following modifications to the conditions were made at the City Council heating:
a. The applicant shan be required to condo the 4-plex bulldine:s. as proposed. Said
condo of the 4-olex buildine:s shall be completed prior to occupancv of anv of the
units.
~e applicant shall be reouired to provide an easement for a future public bus
pull outlbus stop alone: Pine Avenue.
c. The specific desil!ll criteria and elevations presented bv the aoplicant and
discussed durin!! the City Councll meetin2 shall be included within the
development aneement for this site.
d. The applicant shall align. where appropriate. the handicapped parkin!! stalls as
to provide an open corridor for f"Ire department munev access to the units.
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 11, 2006 incoIporated by reference.
crTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ..()6.013 / PP-06-011 / CUP-06-006 / PS-06-005 - PAGE 2 of 5
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, 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 conditions use permits 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 (I) 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 tcnnination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) 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.
2. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approvaL Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
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 b~ required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a r~gulatory taking analysis.
CIlY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06.013 / PP-06-011 / CUP-06.006 / PS-06-005 - PAGE 3 of 5
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 i1 pensun whu hH.S
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 11,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-0 13 / PP-06-0 11 / CUP-06-006 / PS-06-005 . PAGE 4 of 5
By action of the City Council at its regular meeting held on the 3' r~ day of
61c/tPJ~rv ' 2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~.
VOTED r
VOTED fjtA-
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
VOTED
-'--~~
-
Copy served upon:
-R
de WEERD
ATTEST:
BY:~O~J
City Clerk's Office
Dated: \O.q "OU
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-013/ PP-06-011/ CUP-06-006/ PS-06-005 - PAGE 5 of5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY II, 2006
STAFF REPORT
TO:
FROM:
Hearing Date: July 11, 2006
Mayor & City Council
C. Caleb Hood, Current Planning Manager
Meridian Planning Department
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SUBJECT:
Canterbury Commons Subdivision
AZ-06-013 - Annexation and Zoning of 21.77 acres to R ~ 15 (Medium High-
Density-Residential)
PP-06-011- Preliminary Plat of 122 residential lots (50 4-plex lots and 72
townhouse lots) and 10 eommon lots on 20.32 acres NOTE: Revised plat
proposes 116 residential lots (49 4-plex lots and 67 townhouse lots)
CUP-06--006 - Conditional Use Permit to construct a multi-family development
consisting of 200 multi-family dwelling units (4-plexes) on 50 lots and 72
townhouse dwelling units NOTE: Revised site nlan nroposes 196 multi-familv
dwellinl! units on 49 lots and 67 townhouse dwellinl! units
PS-06-00S - Private Street adjacent to the proposed multi-family lots within
Canterbury Commons Subdivision
V AR-06-005 - Variance requests to allow lot sizes in the R-15 zone to go below
the 2,400 square-foot minimum (down to 1,900 square-feet) AND to allow a
reduction to the standard 12-foot rear setback of the R-15 zone (II-foot rear
setback requested) NOTE: The applicant has withdrawn this request.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, American West Homes, LLC, has applied for Annexation and Zoning (AZ) to R-15
(Medium High-Density Residential), Preliminary Plat (PP) approval of 122 residential building lots and
10 common lots, and Conditional Use Permit (CUP) approval of a multi-family dcvelopment consisting
of 50 4-plexes and 72 attached townhouse units on 21.77 acres of property currently zoned RUT in Ada
County. The applicant is also requesting approval to construct private streets adjacent to the 4-plex units
and variance approval to have substandard lots and reduced rear setbacks in the R-15 zone. The site is
located on the south side of Pine Avenue, approximately 400 feet east of Ten Mile Road. Currently, there
are three single-family homes and associated outbuildings on this site. The site has not been prt:viuusly
platted. The subject property is within the Urban Service Planning Area. NOTE: This proiect was
orieinallv scheduled to be heard durine: the Mareh 16d1 Plannine: & Zonine: Cormnis~jon hearing. The
subject applications were continued from the March 16th meetin~ so the applicant could adeQuatelv oost
the site. Staff met with the applicant on March 22ud to discuss concerns staff had about the proposed
development. Durin~ the April 20th hcarine: thc oroicct was continued to Iune 1 <I. so the applicant could
meet with Planning Staff and make revisions to the olano Staff has updated the Staff Reoort to reflect
the chaDlzes made. Some of the chaDlzes made include: a reduction in buildable lots from 122 to 116.
adding amenities (basketball court. picnic area. tot lot area). increasine: the lot size so all lots have at
least 2,400 SQuare feet. and increasill2 the amount of ooen soace (please see Section 10 below for
analysis of all chane:es made). The comments below are based on the revised Preliminary Plat preoared
bv Treasure Valley EDlzineers, last revised on Mav 19. 2006 and the revised Landscape Plan oreoared
bv Jensen Belts dated 5-25-06. On Iune 1. 2006. the Meridian PJannin2 & Zoning Commission voted to
recommend aDDroval of the subiect proiect. The Commission also accepted the aoplicant's withdrawal
letter for the variances originally reauested for lot size and ~tbacks. The applicant has submitted a
Canterbury Commons Subdivision AZ-06.0 13/PN)6.o 111CUP -05-006/PS.06..QOSN AR-06-005
PAGE 1
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
revised preliminary Dlat that depicts the covered parkiruz for the multi-familv units. a 7-foot wide public
utility easement in front of some of the multi-family buildill~s. and updated project calculations. The
applicant has also submitted a revised landscape plan that has a Iooe 26. 2006 date and depicts the
covered oarkine areas, revised amenities and pathways. and proiect calculations. These revised olans
have been reviewed by staff and are generallv consistent with the Conditions listed in Exhibit B. These
plans have been scanned into Exhibit A.
2. SUMMARY RECOMMENDATION
The subject applications were submitted to the Planning Department for concurrent review. Generally, the
Planning & Zoning Commission is the fInal decision making body on a Conditional Use Permit and the
Director is the fmal decision maker on a Private Street application. However, because the City Council is
the final decision making body on the Annexation, Varianee and Preliminary Plat applications, all of the
subject applications are being combined into one staff report. The Commission should make
recommendations to the Council on all of the subject applications. After detailed review of the subiect
aODlications. staff has provided detailed analysis and is recommending aooroval with the conditions listed
in Exhibit B. On Iune 1. 2006 the Meridian Plannine & ZoninlZ Commission voted to reconunend
approval of the subiect applications. On Seotember 12. 2006 the Meridian City Council voted to
auurove the subiect aoolications.
a. Summary of Commission Public Hearings:
i. In favor: GeoffWardle, Joe Risi, Lance Warnick, Mark Sanders
ii. In opposition: None
Hi. Commenting: None
iv. Staff presenting application: Anna Canning, Caleb Hood
v. Other staff commenting on application: Mike Cole
b, Key Issues of Discussion by Commission:
i. Requested variances to lot size and setbacks, and not being supportive of the
requests;
11. Conunon area calculations;
iii. Elevations, particularly the double.fronted 4-plex elevations; and,
iv. Layout of the project.
c. Key Commission Changes to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. As part of the Commissions motion to recommend approval, the Commission
wanted to give the Police Department an opportunity to update their comments
with the revised plans. Staff recommends that the applicant give the Council an
update regarding any meetings they have had with the Police Department.
3. PROPOSED MOTIONS (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-013. PP-06-011, CUP-06.006, and PS-06-00S as presented in staffreport for the hearing date
of Iuly .11, 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-
013, PP-06-011, CUP.06-006, and PS-06-005 as presented during the hearing of July 11, 2006,
for the follOWing reasons: (you should state specific reasons for denial of the annexation and you
must state specific reasons for denial of the plat and conditional use pennit.)
Canterbury Commons Subdivision AZ-06-013IPP-06-011lCUP-05-006/PS-06-00SN AR-Q6-005
PAGE 2
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-
06-013, PP-06-01l, CUP-06-006, and PS-06-005 to the hearing date of (insert continued hearing
date here) for the following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation: 2735 -2985 Pine Avenue; South side of Pine Avenue, east ofTen Mile
Road, in Section 11, Township 3 North, Range 1 West.
b. Owners:
1.S. Risi Revocable Family Trust
27 W. Anapamu #350
Santa Barbara, CA 93101
&:
Risi Family Limited Partnership
27 W. Anapamu Street #350
Santa Barbara, CA 93101
c. Applicant:
American West Homes, LLC
404 S. 8th Street
Boise, ill 83702
d. Representative: Joseph S. Risi
e. Present Zoning: RUT-Ada County
f. Present Comprehensive Plan Designation: Mixed Use - Community
g. Description of Applicant's Request: The applicant is requesting approval of Annexation
and Zoning (AZ) to R-15 (Mediwn High-Density Residential), Preliminary Plat (PP) approval
of 122 residential building lots and 10 conunon lots, and Conditional Use Permit (CUP)
approval of a lllulti-family development consisting of 50 4-plexes and 72 attached townhouse
units on 21.77 acres of property currently zoned RUT in Ada County. The applicant is also
requesting approval to constnlct private streets adjacent to the 4-plex units and variance
approval to have substandard lots and reduced rear setbacks in the R-15 zone. The applicant is
requesting an II-foot rear setback for a block of the townhouse lots. Forty-two of the seventy-
two proposed townhouse lots are below the 2,400 square-foot minimum lot size; thirty of the
townhouse lots meet or exceed the minimum lot size. The average lot size in the proposed
development is 4,781 square feet. The gross density of Canterbury Commons is 12.5 dwelling
units per acre. Approximately 12.6% of the area being developed is being set aside for open
space. The applicant is proposing to construct a clubhouse, pool, tot-lot, and pathway system
on Lot 42, Block 1. The applicant is also proposing some open space on the townhouse
common lots, Lot I, Block 3 and Lot 14, Block 2. Staff is not supportive of the applicant's
proposa1.
1. Date of preliminary plat (attached in Exhibit A): 12/14/05 (revised 5/19/06)
2. Date oflandscape plan (attached in Exhibit A); 10/19/05
3. Date of site plan (attached in Exhibit A): 10/10/05
h. Applicant's StatementlIustification: The City of Meridian's Master Plan for this site is
mapped at a density up to 15 dwelling units per acre. The project that we are proposing has a
Canterbury Commons Subdivision AZ-06.013/PP-06-011/CUP-OS-006/PS-06-00SN AR-06-005
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
D.U. of 13 units to the acre with a total of 272 homes and condominiums. The condominiums
(4-plexes) will have stucco exteriors. There will be two different condominium building types
and two different elevations for each type of condominium building equaling a total of four
unique condominium elevations. The town houses will have siding exteriors. VariOllS different
colors, windows and bays will be incoIporated into the town home designs to maximize
variety in elevation. The covenants will be governed through formation of three separate
propertylhomeowner associations. There will be two separate associations to govern the town
houses and the condominiums. This project is designed to supply critical affordable homing to
the many employees working for local area businesses (see Applicant's Submittal Letter for
more. )
5. PROCESS FACTS
a.
The subject application will in fact constitute an annexation and zoning as detem1ined by
City Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 5, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a
public hearing is required before the City Council on this matter.
The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 5, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a private street as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11,
Chapter 5, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a variance as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11,
Chapter 5, a public hearing is required before the City Council on this matter.
Newspaper notifications published on: February 27,2006 and March 13, 2006 (for
Planning & Zoning Conunission), and June 19th and July 3rd, 2006 and AU2ust 14th and
AU2ust 28th. 2006 (for City Council hearinW
Radius notices mailed to properties within 300 feet on: February 22, 2UU6 (foc Planning
& Zoning Commission), and Iune 16th, 2006 aDd AU2Ust 11th. 2006 (for City Council
hearingV
Applicant posted notice on site by: April I 0, 2006 (for Planning & Zoning Commission),
and Iuly 1 $1,2006 (for City Council hearing)
b.
c.
d.
e.
f.
g.
h.
6, LAND USE
a. Existing Land Use(s): There are three single-family residences along Pine Avenue. The
existing homes and the outbuilding will be removed.
b. Description ofCharaeter ofSWTounding Area: Across Pint: Avenue are t1u:: cl;<,;l;:lltly
approved Lyndhurst Grove Subdivision and Sommersby Subdivision. These developments
included future multi-family and single-family dwellings. To the west is higher density
residential in The Courtyards at Ten Mile. To the east is a single-family R-8 subdivision,
Morning Glory. To the south are the railroad tracks and industrially zoned property.
c. Adjacent Land Use and Zoning
1. North: Single-family homes, zoned R-4, Kelsie Park Subdivision; approved
Canterbury Commons Subdivision AZ-06-013/PP-06-01IlCUP-05-006/PS-06-Q05N AR-06-005
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
Lyndhurst Grove Subdivision, zoned R-8; approved Sonunersby
Subdivision, zoned R-15 and L-O
2. West: Multi-family dwellings, zoned R-IS, The Cowtyards; Church, zoned L-Q
3. South: Agricultural, zoned I-L
4. East: Single-family homes, zoned R-8, Morning Glory Subdivision No.2
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There are existing mains in W. Pine Avenue that currently
flow to the private Moshers Farm Lift Station.
Location of water: There are existing water mains in W. Pine Avenue.
Issues or concerns: I.) Depending on the size of water services used, a five~
foot setback from the sidewalk to the four-plexes does not
allow for enough room.
2.) Staffis concerned about the location of the joint
utility trench.
2. Floodplain: N/A
3. CanalslDitches Irrigation: The Ten Mile Drain traverses along the south side of this
property and the Eight Mile Lateral bisects this property in the northeast corner. These
waterways should be protected. All other open ditches or laterals that cross the subject
site should be tiled in accordance with the UDC.
4. Hazards: Staff is not aware of any hazards associated with this property.
5. Proposed and Existing Zoning: These properties are currently zoned RUT in
Ada County. The applicant is proposing to zone all of the subject property to R-15
(Medium High-Density Residential).
6. Size of Property: 21.77 acres
f. REVISED Subdivision Plat Information:
1. Residential T .ots: 116 (49 multi-family lots and 67 townhouse lots)
2. Non-residential Lots: 0
3. Total Building Lots: 116
4. Corrunon Lots: 10 (9 common open space lots, and 1 private street lot)
S. Other Lots: 0
6. Total Lots: 126
7. Gross Density: 12 units per acre (net 19 d.u.laere)
g. Landscaping
1. Width of street buffer(s): A 20~foot wide street buffer is required along Pine
Avenue, a collector street (UDC 11-2A-6). UDC 11-3B-1C2a requires all residential
subdivision street buffers to be located on a common lot maintained by a home-
owners association. Street buffers are not required adjacent to the other, internal
Canterbury Commons Subdivision AZ-06-013IPP-06..Q] I1CUP-05-006/PS-06-OOSN AR-06-005
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: The applicant states that 19% (3.89 acres) of the
site is being set aside for common open space.
4. Other landscaping standards: Landscaping adjacent to micro-paths and pathways
should comply with UDC 11-3B-12.
h. Amenities: For multi-family developments with more than 100 units, the decision making
body shall require additional amenities commensurate to the size of the development (UDC
11-4-3.27D-2d). As a reference for multi-family developments with 75 units or more, 4
amenities are required, with at least one from each category (Quality of Life, Open Space, and
Recreation). The applicant is providing amenities as follows: 3,000 square-foot community
club house and fitness facility (Quality of Life), property management office, maintenance
storage area, development map/directory, pool (Recreation), tot-lots (Recreation), walking
trails (Recreation), half basketball court (Recreation), picnic area (Quality of Life) and open
space (Open Space).
L Off-Street Parking: UDC 11-3C-6_A requires townhouse dwellings with 2 or more bedrooms
to have a two-car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout does not propose any covered parking spaces
for the multi-family (4-plex) dwellings and does not contain the necessary 20' x 20' parking
pad in front of all of the townhouse garages. The applicant should be required to comply with
the off-street parking requirements of the UDC.
J. Conditional Use Infonnation:
1. Non-residential square footage: 3,000 square feet (Community Clubhouse) &
maintenance storage
2. Proposed building height: Varies; R-15 allows 40 feet
3. Percentage of site devoted to building coverage: 24%
4. Percentage of site devoted to landscaping: 31 %
5. Percentage of site devoted to paving: 45%
6. Percentage of site devoted to other uses: 0%
7. Number of Residential units: 263
k. Proposed and Required Residential Standards - The applicant was originally requesting
variances to some of the R-15 bulk standards as found in UDC lI-2A Specifically, the
applicant was requesting a variance to the minimum 2,400 square-foot lot size. The applicant
was proposing to plat 42 of the 72 townhouse lots below the standard lot size (down to 1,900
square-feet). The revised preliminary plat depicts at least 2,400 square foot lots. The applicant
was also requesting approval for an II-foot rear setback variance for the townhouses in Bloek
3 (12 feet is the standard rear setback). Stafr does not believe that there is any hardship that
exists where granting the requested variances is warranted (please see Finding:> in Exhibit D).
Further, the proposed development only depicts a 5-foot front setback for some of the 4-plex
units. City Staff is concerned about providing joint utility services and easements to the 4-plex
units with such a shallow setback (see Public Works Department comments). Staff continues
to recommend that a 10-foot front setback to the 4-plex units be provided so that joint treneh
and city water meters can be installed and accessed near the units.
Canterbury Commons Subdivision AZ-06-013/PP-06-0111CUP-OS-006/PS-06-00SN AR-06-005
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11 2006
,
R-15 Standards
Setbacks (measured to sidewalk)Proposed
Front Living Area (townhouse) 10
Front Living Area to street (4-plex) 5
Front Accessed Garage (townhouse)20
Front Accessed Garage (4.plex) NA
Street side (townhouse and 4-plex) 10
Side (townhouse) 0
Side (4-plex) 5
Required
10
o
20
20
10
o
4
Rear (townhouse and 4-p1ex) 12 12
Frontage 0 0
Lot Size 2,400 2,400
Maximum building height 27 40
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The
applicant is proposing one public street connection to Pine Avenue and one private street
connection to Pine Avenue. The public street system provides access for the townhouse units
and the private street system provides access for the 4-plex units. Both the private and public
street eOlUlcdions to Pine Avenue align with existing public streets on the north side of Pine
Avenue. The public and private streets are interconnected and provide a looping circulation
system throughout the development. Please see Exhibit R for ACHD's comments and
conditions regarding this development.
7. AGENCY COMMENTS MEETING On February 24,2006, staff held an agency comments
meeting. The agencies and departments present included: Meridian Fire Department, Meridian
Police, Meridian Public Works Department, and the Sanitary Services Company. Staff has
included all comments and recommended actions as Conditions of Approval in Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use. Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the
Comprehensive Plan, the purpose of this designation is to identitY key areas which are either infill
in nature or situated in highly visible or transitioning areas of the city where innovative and
flexible design opportunities are encouraged.. The following standards will serve as general
guidelines for development in these Mixed Use areas:
. All development within this designation will occur only under the Conditional Use Permit
process, except the Mixed Use. Regional;
. Where feasible, multi-family residential uses will be encouraged, J;;specially [or projects with
the potential to serve as employment destination centers and when the project is adjacent to
State Highways 20-26 ,55 or 69;
. Where mixed use developments are phased, a conceptual site plan for the entire mixed use
area is encouraged with the development application or, depending on the scope of the
development, prior to a formal development application being submitted;
· Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged.
Canterbury Commons Subdivision AZ-06-013/PP-06-011/CUP-05-006/PS-06-00SN AR-06-005
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
Mixed Use - Community. The following standards will apply to this category:
. Up to 25 acres of non~residential uses permitted within the Mixed Use - Conununity
areas as shown on the Future Land Use Map. In Mixed Use - Community areas that are
not Neighborhood Centers, over 2S acres of non-residential uses shall be permitted
(through the CUP process).
. Up to 200,000 sq. ft. of non-residential building area
. Residential density of 3 to 15 units! acre
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
. Require that development projects have planned for the provision of all public services.
(Chapter vn, Goal ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. 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 service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
. The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexolinn.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department. Meridian Utility Billing
Services, and Sanitary Services Company.
. Chapter vn, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
eollectors and arterial streets.
Pine Avenue is classified as a collector roadway in this area. The proposed access points to
Pine Avenue should comply with ACHD 's standards.
. Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from
incompatible land use dc;velopment on adjacent parcels.
This is an infill parcel with the properties adjacent to the subject site varying in density and
housing type. North of the site are existing and proposed single-family and multi-family
dwellings. East of the site is a single-family subdivision. West of the site is a mixed-use
development with multi-family dwellings (attached duplexes). The subject project is denser
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than any of the adjacent projects, but does provide a transition from the less dense Morning
Glory Subdivision, with the townhouses to the proposed multi-family. Although staff believes
that attached single-family and detached single-family are compatible land uses, staff
believes that the lot sizes proposed along the eastern boundary should be increased to
provide a better transition in lot size.
· Chapter V, Goall, Objective A, Action 11: Improve and prulc~t creeks (Five Mile, Eight
Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout
commercial, industrial and residential areas.
The Eight Mile Lateral and the Ten Mile Drain course through or adjacent to this site. Staff
believes that the Eight Mile and the Ten Mile should be protected and enhanced by leaving
them open and constrncting a pathway adjacent to the Eight Mile (see Exhibit B).
· Chapter vn, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, benns, etc.).
The applicant is proposing to constrnct a 20--foot wide landscape buffer adjacent to Pine
Avenue. By ordinance. the Pine Avenue landscape buffer is required in a common lot.
· Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and
Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and
Walking in all land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstrnction projects. in a manner that is safe, accessible and convenient.
Staff believes that the subject applications generally comply with the policies listed in the
literature noted above.
. Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions
at regular intervals to enhance connectivity and better traffic flow.
The adjacent projects have not provided opportunitiesfor the suQiect site to provide
vehicular connectivity (no stub streets). The applicant is proposing a loop street system
within this development. lWo new connections to Pine Avenue are proposed.
· Chapter VI, Goal IT, Objective A, Action 5: Require pedestrian access connectors in all new
development to link: subdivisions together to promote neighborhood connectivity as part of a
conunwlity pathway system.
The adjacent projects have not provided opportunities for pedestrian connections with this
property. The applicant is proposing to constroct 5-foot wide attached sidewalks adjacent to
the internal streets (private and public). The applicant is also proposing to construct an
internal pathway system. To enhance the community pathway system, staff recommends that a
pathway be provided through Lot 9, Block 2, connecting the sidewalk on Jay ton Drive with
the sidewalk on Pine Avenue. Stafffurther recommends that Lot 29, Block ], be designated as
a common lot and a pathway be constructed through this lot.
. Chapter vn, Goal IV, Objective C, Action 6: Require pedestrian access in all new
development to link subdivisions together and promote neighborhood connectivity.
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CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
See analysis above_
· Chapter vn, Goal I, Objective D, Action 9; Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agrieultural and other properties.
Prior to construction of any buildings, fencing should be constructed around the perimeter of
this site.
Staff recommends that the Commission and Council rely on any verbal or written testimony that
may be provided at the public hearing when determining if the applicant's zoning and
development request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists multi-family
development uses as conditional uses in the R-15 zoning district; townhouses are principally
pennitted in the R-15 zone.
b. Purpose Statement of Zone: MEDIUM-IDGH DENSITY RESIDENTIAL DISTRICT (R-15)
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. Residentia11aud uses are also allowed within the O-T,
TN-C, and TN-R districts as set forth in Chapter 3 Article D.
c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the
multifamily units, including standards for Site Design, Common Open Space, Site Amenities,
Architectural Character. Landscaping, and Maintenance.
Site design runc 11-4-3.27B):
A minimum of 8U 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 snace desilln requirements (UDC 114-3.27C):
A minimwn area of outdoor common open space shall be provided as follows: a) 150 square teet
for each unit containing 500 or less square feet of living 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY II 2006
,
from the street by a constructed barrier at least 4 feet in height.
Site development 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 arc such as a statue); b) Open Space (open
grassy area of at least 50 by 100 feet in size, conununity garden, ponds or water features, and
plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts).
The nwnber 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 commensurate to the size of the proposed development.
Architectural Character (DOC 11~-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 teet; 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.
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 pennanent architectural feature
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 ofpennanence 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.
Landscaoinl!" evpC 11-4::?27.F):
Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this
Title.
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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 minimum
mature height of twenty-four inches shall be planted; and grmmdcover plants shall be planted in the
remainder of the landscaped area.
UDC 11-4-3.27.0:
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 storage/refuse areas runc 11-3A-12);
Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service
functions shall be incorporated into the overall deSign of buildings and landscaping so that the
visual and acoustic impacts ofthese functions are fully contained and out of view from adjacent
properties and public streets.
10. ANALYSIS
Analysis Leading to Staff Recommendation
As submitted, the subject applications appear to substantially comply with the Unified
Development Code and the Comprehensive Plan. In each section below, staff has provided
analysis regarding the proposed development.
1. AZ Application: Based. on the policies and goals contained in the Comprehensive Plan
staff believes that this is a good location for a higher density development and the
proposed R-15 zoning. Please see Exhibit D for detailed analysis of the required facts
and findings for a Zoning Amendment.
The annexation legal deSCription submitted with the application (stamped on
12/1/2005 by Walter L. Neitz, PLS) shows the property as contiguous to the existing
eorporate boundary of the City of Meridian.
UDC 1l-SB-3D2 and Idaho Code ~ 6S-6711A provides the City the authority to
require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all future uses. Staff believes that a DA
is necessary to ensure that this property is developed in a fashion that is consistent
with the comprehensive plan designations and does not negatively impact nearby
properties.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner(s) (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attorney. Bill Nary. at 888-4433 to initiate this oracess. Staff recommends that
thc Commission and Council direct the City's Legal Deparbnent to draft a
development agreement for Canterbury Commons Subdivision as follows:
1. That all future development shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF mL Y 1],2006
production of traffic, noise, smoke, fumes, glare or odors.
2. That all future development of the subject property shall be consistent with
the applicant's approved preliminary plat and site plan unless otherwise
modified by other provisions ofthe DA, or in the future by the City Council.
3. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
4. That the future uses and lots on this site shall conform to the District
Re2Ulations contained in the Unified Development Code (lIDe), in effect at
the time of development.
5. That the applicant will be responsible for all costs associated with the sewer
and water service extension.
6. That any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian.
Wells may be used for non-domestic purposes such as landscape irrigation.
7. That prior to issuance of any building permit, the subject property be
subdivided (a recorded fmal plat) in accordance with the City of Meridian
Unified Development Code.
8. That all landscape street buffers and land use buffers will be constructed in
accordance with the UDC provisions in effect at the time of development.
9. That the applicant agrees to provide amenities on this site as depicted on the
revised preliminary plat dated May 19,2006.
10. That no more than 116 buildable lots and 263 dwelling units may be
constructed on this site.
11. That the applicant aerees to condo all of the orooosed 4-o1exes. That
said condo platls) shall be completed prior to occupancv of anv of the
units.
12. The aooucant shall be reQuired to provide an easement for a future
public bus pull outlbus stop alon2 Pine Avenue.
13. The soecific desi!!n criteria and elevations oresented bv the aoolicant
and discussed durin2 the City Council meetiD2S shall be included within
the develooment a2l"eement for this site.
2. PP/CUP/PS Applications:
Landscanin~: The landscape plan prepared by Jensen Belts, stamped revised on 5-25-
06, should substantially comply with the UDC if the following modifications/notes are
made:
· Provide a 20-foot wide landscape buffer along Pine Avenue that is in a
separate common lot. The landscape buffer along Pine Avenue shall be
designed in accordance with UDC 11-3B- 7.
. Match the location and design of the clubhouse, pool and tot-lot areas with the
preliminary plat.
. Provide landscaping in compliance with UDC 11-3B-12, adjacent to the
micro-paths.
. 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 tIDe ll-3B-ll and shall be fully vegetated with
grass and trees. Sand, gravel or other non-vegetated surface materials shall not
be used in open space lots, except as pennitted under UDC 11- 3B-11. If the
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY II 2006
,
stormwater detention facility cannot be incorporated into the approved open
space and still meet the standards of UDe 11-3B-11, then the applicant shall
relocate the facility. This may require losing a developable lot or developable
area.
· A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape plan
and submitted prior to City Council signature of the Final Plat. All standards
of installation shall apply as listed in UDC 11- 3B-14.
Submit 10 full size copies and one 8.5" x 11" copy ofthe revised landscape plan,
reflecting the changes/notes mentioned above, to the Planning Department at least
10 days prior to the next public hearing. On May 2Slh Planning Staff received a
revised landscape plan from Jensen Belts. This landscape plan is not stamped with
a revision date, but does reflect the changes mentioned within the Staff Report. A
landscape plan dated June 26th, 2006 has been submitted.
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 Site Design, Common Open Space, Site Amenities, Arehitcctural Character,
Landscaping, and Maintenance. The applicant should be required to comply with all
standards listed in UDC 11-4-3.27.
Private Useable Open 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.
Parkin!!: UDC 11-3C-6.A requires townhouse dwellings with 2 or more bedrooms to
have a two-car garage and a 20' x 20' parking pad in front of each garage. 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. The submitted site layout still does not
propose any covered parking spaces for the multi-family (4-plex) dwellings. All
townhouse dwellings should contain the necessary 20' x 20' parking pad in front of
the garage. The applicant should be required to comply with the off-street parking
requirements of the UDC. This concern has been addressed with the revised plans.
Amenities: The applicant is required to provide amenities for the multifamily
development. For multi-family developments with more than 100 units, the decision
making body shall require additional amenities commensurate to the size of the
development (UDC 114-3.27D-2d). As a reference, the UDC requires multi-family
developments containing 7S units or more to provide 4 amenities, with at least one
from each category (Quality of Life, Open Space, and Recreation). The applicant is
providing amenities as follows: 3,000 square-foot conununity club house and fitness
facility (Quality of Life), property management office, maintenance storage area,
development map/directory, pool (Recreation), tot-lots, half basketball court
(Recreation), walking trails (Recreation), picnic tables (Quality of Life), and opcn
space (Open Space). Staff recommends that the Commission and Council determine if
the proposed amenities are sufficient for a develooment of this size.
Elevations: The applicant has submitted building elevations for the proposed 4-plex
structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruLY 11,2006
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-19. Staffwill ensure that when CZC applications are submitted for
construction of the 4-plex buildings in the future, that the elevations comply with the
vue requirements.
Internal Pedestrian Paths: To allow for the pedestrian pathways in this development to
flow better, staff is reconunending that additional legs to the system be added through
Lot 29, Block 1, Lot 9, Block 2, and Lot 1, Block 3. The micro-paths/pathways shall
be constructed in accordance with UDC 11-3A.8 (construction) and UDC 11-3B
(landscaping). These pathways have been depicted on the revised plat. Further, the
applicant is showing it pathway along the Ten Mile Stub Drain. The proposed pathway
along the Ten Mile Stub Drain is within the adjacent buildable lots, and not on a
cormnon lot. Ideally this pathway should be in a common lot. However, if the
Commission believes that access to said pathway for all of the 4-plex lots can be
allowed as shown, either a note on the face of the tinal plat, or in a document such as
CCR's should be provided by the applicant. Further, this pathway dead-ends at the
south end of the property, making access to the pathway difficult for most of the future
residents of this development. Staff recommends that an additional leg of the pathway
be provided through Lot 26, Block 1, that C01U1ects with the sidewalk on Lot 6, Block
1. The additional nathwav leI! has been shown on the revised plans.
In 1996, COMPASS adopted the pathway reconunendations laid out in the Ridge-to-
Rivers Pathway Plan (1996). The goals of the plan include developing a bikt:way and
pathway system that encourages non-motorized transportation and enhances
recreational opportunities. The Union Pacific Railroad corridor abutting the south
property line is shown as a proposed multi.use pathway in Figure VI-3 (Off-Street
Multiple-Use Pathways) in the adopted Comprehensive Plan.
In the past, the City has not required the construction of a pathway within the Union
Pacific Railroad corridor, but has required developers that abut the future pathway to
provide a minimum of S-feet of landscaping. Consistent with previous Council action,
the applicant should not be required to construct a multi-use pathway adjacent to the
SOUtl1t:IIl boundary, hut should be required to provide a minimum of S-feet of
landscaping along the south property line. At a minimum, the applicant should be
required to plant trees in accordance with MCC (1 tree per every 35-1ineal feet) on the
south side of the buildings adjacent to the south property line.
Eight Mile Lateral and Ten Mile Drain: The Eight Mile Lateral and the Ten Mile
Drain course through or are adjacent to this site. Staff believes that the Eight Mile and
the Ten Mile should be protected and enhanced by leaving them open and constructing
pathways adjacent to them. The applicant is proposing to construct chain link fencing
adjacent to the Eight Mile Lateral, between the pathway and the lateral, and solid
fencing along the Ten Mile Stub Drain. UDC 1l.3A.6B3 requires open ditches,
laterals, canals, and drains to be fenced with a chain-link: fence (see Fencing below).
Existinl! Residences/Buildinlls: The site currently contains multiple buildings.
Because the existing structures span across proposed lot lines, all buildings shall be
removed or relocated, prior to signature of the final plat by the City Engineer.
Multi-family Setbacks: The UDC does not have a specific setback between internal
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
multi-family units. However, there may be a problem with not providing a fulllO-foot
front setback to the 4-plex units; utilities may nccd a wide. easement. Deptmuing un
the size of water services used, a setback from the sidewalk ofless than 10 feet to the
four-plexes (which is being proposed for several of the units) does not allow for
. .
enough room for water meters and joint utility service lines. Staff is still concerned
about the proposed substandard joint utility trench area, and requests that the applicant
provide a fulllO-foot wide setback between the 4-plexes and the adjacent sidewalk:.
Coordination and approval by j oint trench and the Public Works Department should be
required for any setbacks less than 10 feet. On June 27, 2006. Jim Jolmstone from
Idaho Power Company submitted a letter rel!ardinl! the 7-foot wide utilitv easement.
The letter states that Idaho Power has granted similar requests in the past. However,
because this reauest is for an easement that is outside of the normal width. Idaho
Power would like to view a COpy of the vreliminarv plat before giving the formal ok to
proceed (see Exhibit B for more conunents from Idaho Power Company).
Refuse Areas: The Sanitary Services Company (SSe) has commented that the
proposed dumpster locations may not be adequately designed. Further, none of the
submitted plans call-out how or if the refuse areas will be screened from the street.
UDC 11-3A-12 requires the visual and acoustic impacts of thesc functions are fully
contained and out of view from adjacent properties and public streets. The revised
preliminary plat has new dumpster locations and desi~ proposed.
Pine Avenue Street Buffer: A 20-foot wide street buffer is required along Pine
Avenue, a collector street (ODC 11-2A-6). UDC 11-3B-7C2arequires all residential
subdivision street buffers to be located on a conunon lot maintained by a home-
owners association. Street buffers are not required adjacent to the other, internal
streets. The submitted plans should be revised by placing the 20~foot wide street
buffer for Pine Avenue within a common lot. The revised preliminary plat depicts the
required street buffer along Pine Avenue within a common lot.
Open Space: 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
natural envirorunent 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 (ODC ll-IA). 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 of living
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 construeted barrier
at least 4 feet in height.
The applicant states that 19% (3.89 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 considc.ed conunon open space. Maintenancc of all common areas shall
be the responsibility ofthe Canterbury Commons Home Owners' Association(s). The
revised preliminary plat does show revised calculations for open space. Open space
has been added to the northwest comer or the site, as well as the southeast comer of
the site. Some smaller open space areas have also been added internally. Staff believes
that the open space proposed complies with the tIDC.
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Fencing: The applicant has proposed a 6-foot tall solid fence along the west, south and
east boundaries of the development. Adjacent to the Eight Mile Lateral a chain-link
fence is proposed. Chain-link fencing should be installed along both the Ten Mile Stub
Drain and Eight Mile Lateral. A detailed fencing plan should be submitted upon
application of the final plat. If pennanent fencing is not provided before issuance of a
building permit, temporary construction fencing to contain debris must be installed
around the perimeter. Perimeter, common open space, and micro-path fencing shall be
designed according to UDC 11-3A-7.
Pressure Irrillation: 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 [mal 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 and MCC 9-1-28.
Private Streets: The applicant is proposing to use private streets to provide access to
Pine Avenue. The applicant has submitted a Private Street application as required by
UDC 11-3F-3. The private street standards are listed in UDC 11-3F. Staffis generally
supportive of private streets for multi-family developments. Tills project is no
exception. However, staff has some concerns with the layout of the private streets, as
they do not provide an efficient pedestrian and vehicular street system. There are
several of the proposed multi-family units that are double-fronted, or sandwiched,
between a public street and a private street. This is not an efficient site layout. The
applicant should design and cunstruct the private streets in compliance with the
standards listed for Private Streets in UDC 11-3F and as mentioned in the Staff
Report. Please see Exhibit D below for the required findings for private streets. The
applicant has submitted elevations for. but has not re-desil!I1ed the proiect so there are
not double fronted 4MDlex units.
Parkinll area on west end of Lot 5. Block 1: Originally, the parking area on the
northwest side of the development exceeded the maximum lSO-feet length allowed by
the Fire Department. The length of Lot 5, Block 1, (revised as Lot 6, Block 1) has
been shortened on the revised preliminary plat.
Site LayoutIDensitv: The revised preliminary plat shows 263 dwelling units where
272 units were originally proposed._As noted in the Comprehensive Plan Policies and
Goals Section, this area is designated mixed use. This designation anticipates higher
densities in this area. However, staff believes that there are some design problems
with the way the development is currently laid out. Lot 29, Block 1, sticks out into the
private street drive lanes and prohibits pedestrians and vehicles from efficiently
maneuvering in the development. Staff recommends that this lot become a common
lot. On the revised preliminary plat, the pathway that was shown on the back side of
the townhouses in Block 3, has been removed. Staff is supportive of this, as
pedestrians can use the nearby sidewalk:. However, Lot 29, Block 1 and the design of
the private street drive lanes have not been amended.
Canterbury Commons Subdivision AZ-06-013/PP-06-0 11/CUP-05-006/PS-06-00SN AR-06-005
PAGE 17
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY J 1, 2006
Staff is also concerned about the street system proposed. There is a full block of 4-
plex units that have frontage on both the public street and the private street. This
design is not efficient for services and is not desirable for future tenants and they will
be sandwiched between two streets. Further, there is no variation in buildings or
setbacks in this area; all of the units have the same street setbacks. The revised
preliminarv Dlat does show a variation of buildiDll setbacks. but does not address the
double frontae:e lot issue.
Staff believes that the applicant ha<; l:ubstantially complied with the changes requested
and staff is recommending approval of the revised site plan/preliminary plat with the
conditions listed in Exhibit B.
3. V AR Application: Withdrawn by Applicant on JUDe 6. 2006.
The <lpplie8Bt is 1'@~esting variances ta some sf the R 1 S 1:11dk staudayss as fel:Hld in
UDC 11 2:'.. SpeeifieaHy, the appliealit is reEtQestmg a variaBee to the miBimUtn 2,40Q
square feet let size. Tae awlieaBt is pro,esilig to plat 42 ef the 72 tov;<nftel:lse lets
13elsw t.lie stEift8af6 lot size (sevJfl. te 1,9QQ SEJ.1:lilFe feet). The applieant is also
reE[lIestmg Clf'I3FOval fer aft 11 feet rear settlaek T/ariaeee fer the t8~.Ynheuses in Bleel! 3
OJ feet is the otandaM rear setBaek). Tae taBle eft. 1:lte r~isea. sFetiminary plat Gees
state tfta.t the umts iB Bleeks 2 and ~ will have a 12 feet reef setback. waiea is the
standafEl. fer the zeal. Staft're8uests that tile aBBlieaat daFifv at the PHillie heariR2
if aav variaBees 8,e e1lFf'eBtly heiRe l'e81lelilted. Te grant a variance, tke Ce1:Hieil
asess te mak-e the feHewmg Hnsmgs:
1. The varianee &haJJ Bet gFaa.t a ri~t Sf spooial pw.-ilege that is Bet otherwise
aRe'.ved in the &istriet;
2. The variaBee relieves an. l:lIldl:le lUlfasBtp heeaase sf ehafaeteristies of the site;
3. Tlie variaBee shall Het tle aetfimeatal te tke publie health, safety, ana welfare.
Etaff fiDes that gmatiag tke sti5jeet T.wiaBees sliEn:ild net Be detrimental to tlie peblie
health. safety, or welfiife. :Fl:ulfier, staff reeegB:izes that ~s is aa uIlUsl:lally shaped let.
Hewevef, if the City gf8Bts the varianle it wettld aUeT.v a right er privilege liet liSually
allewed in the R 13 i!iese. Therefer-e, siBef does Bet tleliev:e that that Mv-ing as
irregalBf'l.y shaped let is eBaugH. reaseB tEl gmnt tho roq1l:ested varianees. This site is
lafge eRel:l:gft that fu.11 eempliaRGe TNitfl tae UI.>C standar-ds ean be met withem eausing
afi l:Hidee har-dshitJ. Staff is reee~2: aenial of the VaAaaee aoplicatieB. Staff
furtB.er reeemmeads that tais 8~:elealBeBt he peaweEl. te e9ml'.lly ..vith all dimensioaal
staHBarSs sf the UDC.
Staff Recommendation: Based on the facts provided in this report, staff recommends
approval of File Numbers AZ-06-013, PP-06-011, CUP-06-006, and PS-06-005. On Iune 1. 2?06
the Meridian Plannine: & Zonin2 Commission voted to recommend apDroval of the sublect
aoolications. On SeDtember 12. 2006 the Citv CODDen voted to aDProve the subiect
aDDlications.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 12-14-05 REVISeD 3 19 96 Revised 6-30-06)
Canterbury Commons Subdivision AZ-06-013/PP-06-01l/CUP-05-006/PS-06-005N AR-06.005
PAGE 18
CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11, 2006
2. Landscape Plan (dated: 10-19-05 ~VISBD 1:lat lUlsatea (stamped "re',ised" 9ft 5 25
Oei BY tee Manwea Plaamng Department Revised 6-26-06)
3. Site Plan (dated: 10-10-05)
4. Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works DepcirtImmt
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Idaho Power Company
C. Legal Descriptions
D. Required Findings from Unified Development Code
Canterbury Commons Subdivision AZ-06-0J 3/PP-06-Gl1/CUP-05-006/PS.06.o05N AR-06-00S
PAGE 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JULY 11, 2006
A. Drawings
1. Preliminary Plat (dated: 12-14.05 REVISED i 19 06 Revised 6-30-06)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
B. Conditions of Approval
1. Planning Department
Annexation and Zoninll Comment - There will be a requirement for a Development Aereement on this
site. Details of said Development AllI'eement are found in Section 10 of the Staff Report.
1.1 SITE SPECIFIC RBQIJTREMENTS-PRF.UMINARY PLAT (pP-06-011)
1.1.1 The preliminary plat/site plan labeled Sheet PI, prepared by Treasure Valley Engineers, dated
May 19, 2006, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation (AZ-06-013) and Conditional Use Permit (CUP-06-006) shall also be
considered conditions of the Preliminary Plat (pP-06-011).
1.1.2 The landscape plan prepared by Jensen Belts, revised on 5-25-06, is approved with the following
modifications/notes:
. Provide a 20-foot wide landscape buffer along Pine Avenue that is in a separate common lot.
The landscape buffer along Pine Avenue shall be designed in accordance with UDC 11-3B-7.
. Match the location and design of the clubhouse, pool, basketball court, tot-lots, and picnic
areas with the preliminary plat.
. Provide landscaping in compliance with UDe 11-3B-12, adjacent to the micro-paths.
. Provide a minimum 5-foot wide landscape buffer and trees along the southern boundary of
the development.
. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC
11-3B-ll and shall be fully vegetated with grass and trees. Sand, gravel or other non-
vegetated surface materials shall not be used in open space lots, except as permitted under
UDC 11-3B-ll. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3B.ll, then the applicant shall relocate
the facility. This may require losing a developable lot or developable area.
. A written certificate of completion shall be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted prior to City Council
signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-
14.
The applicant shall submit revised landscape plans with the final plat application(s).
1.1.3 Provide private streets within the 4-plex portion of this development. Said private streets shall
comply with the standards listed for Private Streets in UDC 11-3F. Provide a cross parking/cross
aceess easement for all of the lots in Block 1 to use common Lot 6 (private streets) as access to
Pine Avenue. Prior to the signature of the [mal plat by the City Engineer, provide a copy of a
recorded cross-access/ingress-egress and parking maintenance agreement for Lot 6.
1.1.4 Prior to signature of the [mal plat by the City Engineer, all buildings shall be removed or
relocated, prior to signature of the final plat by the City Engineer.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
1.1.5 Provide solid fencing along the south and east sides of the project. Provide chain-link fencing
along the Eight Mile Lateral and the Ten Mile Stub Drain_ Perimeter, common open space, and
micro-path fencing shall be designed according to UDC 11-3A-7.
1.1.6 Maintenance of all common areas shall be the responsibility of the Canterbury Commons
Subdivision Homeowners' Association.
1.1.7 All irrigation ditches, laterals or canals, exclusive of natural waterways (Ten Mile Stub Drain and
Eight Mile Lateral), intersectine, crossing or lying adjacent and contlguom. to the area being
subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation
District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. 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.
1.1.8 Other than the two access points approved by ACHD, direct lot access to W. Pine Avenue is
prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue.
1.1.9 Underground vear-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be supplied by a
year.round source of water. The applicant shall be required to use any existing surface or well
water for the primary source. If a surface or well source is not available, a single-point
cOlUlection to the culinary water system shall be required. If a single-point connection is used, the
developer will be responsible for the payment of asscssmcnts for the common areas priur tu
signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system
should be installed to 811 landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 andMCC 9-1.28.
1.1.10 All intemal siut:walks shall bt: cunstructed as submitted and in accordance with MCC 12-5-1.K.
1.1.11 No building or other structure shall be erected. moved, added to or structurally altered, nor shall
any building structure or land be established or change in use on this site without first obtaining a
Certificate of Zoning Compliance (CZC) pennit from the Meridian Planning and Zoning
Department (MCC 11-19-}). NOTE: Multiple 4-plex and or townhouse units may be contained in
a single CZC permit.
1.1.12 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter
fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plate s) by the
City Engineer, a letter of credit or cash surety in the amount of 110% will be required tor all
fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc.
1.1.13 Add a pathwav at the southwest comer. between Lots 26 and 27. that connects the sidewalk on the
private street with the multi-use Dathway adiacent to the Ten Mile Stub Drain.
1.1.14 Provide an easement for a DubUc bus Dull out/bus stoD alone Pine Avenue. Coordinate the
location of the easement with Valley Ride staff.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (pP-06-011)
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the fmal plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC ll-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 lllodifications 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 ACIID, City of Meridian and all other regulatory requirements at
the time of firw cOIlsl.ructiun.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.3 SITE SPECIFIC REQUIREMENTS - CONDITIONAL USE PERMIT (CUP-06-006)
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 All townhouse dwellings shall contain a 20' x 20' parking pad in front of a two-car garage.
Provide at least 392 covered parking spaces for the 4-plex units.
1.3.3 Provide at least 80 square feet of private, usable open space for each 4-plex unit, such as a patio
or deck.
1.3.4 All elevations of the 4-plex buildings shall conform to the elevations in Exhibit A of the Staff
Report. All roof and wall-mounted mechanical, eleetrieal, cOIlllllwUcations, 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 Providing the following amenities: 3.89 acres of common open space, a 3,000 square-foot
community club house and fitness facility, a property management office, a maintenance storage
area, a development map/directory, a pool, two tot-lots, a half basketball court, walking trails
along the Ten Mile Stub Drain and Eight Mile Lateral and throughout the project, and picnic
tables on Lot 9, Block 2. and as reQuired bv the PlanninSl & Zonine: Commission.
1.3.6 Construct an additional leg of the pathway along the Ten Mile Stub Urain north through Lot 26,
Block 1, that connects with the sidewalk on Lot 6, Block 1. Provide either a note on the face of
the final plat, or in a document such as CCR' s , an access easement for all of the lots within this
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 1), 2006
development to use the pathway that runs along the Ten Mile Stub Drain.
1.3.7 Unless otherwise approved by the Public Works Department, provide a fulll0~feet between the
front of the 4~plex units and the back of the adjacent sidewalk:. Provide a 5-foot wide side setback
(10~feet between buildings) between buildings.
1.3.8 Provide open-vision (chain link) fence along Eight Mile Lateral and the Ten Mile Stub Drain_
1.3.9 All comments and conditions of the accompanying Annexation (AZ-06.013) application and
Preliminary Plat (pP.06.011) application shall also be considered conditions of the Conditional
Use Pennit (CUP~06-006).
1.3.10 The aooneant shall alhm. where aooronn.te. the handieaooed oarkioe: stalls as to orovide
an ooen corridor for fire deoartment 21ll"nev actess to the units.
1.3.11
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. Pine
Avenue. Those mains currently flow to the Moshers Farm lift station. There is currently a City
of Meridian project underway to decommission that lift station and allow for these mains to
gravity flow. If this city project is not completed prior to fInal plat application of this project, the
applicant shall be responsible to submit written permission from the owner of the Mosher Farms
lift station to discharge to it, as well as be responsible for any upgrades that may be required.
2.2 The proposed fIve toot setback from the sidewalk to the four.plexes may not be adequate to
install larger diameter water services that are often used in these types of buildings. If the larger
diameter water meters are used then the applicant shall increase the amount of setback to ensure
adequate room to install the water services.
2.3 Prior to the next public hearing, the applicant shall meet with Vie Steelman ofIdabo Power (388.
6320) to discuss routing of the common trench through the multi-family portion of this project.
The applicant shall submit to the Citv a letter from Idaho Power statin~ that th~v are aoorovillll a
substandard utilitv easement for this proiect.
2.3 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.4 Water service to this site is being proposed via extension of mains in w. Pine Avenue. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works, and execute standard forms of easements for any mains
that are required to provide service.
2.5 All sewer and water mains not in the right-of-way shall be centered in a 20-foot wide easement.
2.6 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the
pressure irrigation system in this proposed development therefore a letter of plan approval shall
be submitted prior to scheduling of a pre-construction meeting.
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year.round
source of water (UDC 11.3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single.point
connection to the culinary water system shall be required. If a single-point COlUlection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.8 All existing structures shall be removed prior to signature on the fmal plat by the City Engineer.
2.9 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 aU landscape requirements.
2.10 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Work!:; Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.12 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
treatment 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.
2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.14 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.
2.15 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.
2.16 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.17 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.
2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
that may be required by the Army Corps of Engineers.
2.20 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.21 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where tooting would sit atop fill material.
2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1 One and two family dwellings will require a fin::-:tlow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed. an average of 500'
apart. International Fire Code Appendix C
3.2 Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fIre hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e, Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
1. Fire sprinklers required for four-plexes.
3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 For all Fire Lanes, paint the curb red and 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 brou~t on site.
3.7 The roadways shall be built to Ada County Highway Standards eross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension,
3.8 Maintain a ~eparation of 5' from the building to the dumpster enclosure.
Exhibit B ~ Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF ruLY] 1,2006
3.9 The first digit of the Apartment/Office Suite "hall eorrespond to the floor level.
3.10 All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
3.11 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.12 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.
3.13 The Fire Department requires 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. Revise the western tenninus of
Lot 5, Block 1 to either be less than ISO-feet, or provide a turnaround.
3.14 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 fU"e 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).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
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).
3.15 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered.
3.16 Pool chemicals shall be stored in compliance with the International Fire Code.
3.17 Side yard fences shall not be allowed.
4. Police Department
4.1 Prior to release of buildimr permits. the applicant shall submit a oarkiDl! plan for all off-street
parking in the multi-family development to the Planllin~ Department. All oarkimr spaces shall be
assimed to a sDecific dwellinl! unit or for guest use. The parking space identification shall use a
different numberinl! system than the dwelling unit~
4.2 The falj:ades of the multi-family buildings shall include windows that look onto the parking areas
and/or other public areas.
4.3 The applicant shall submit a revised landscape Dlan that uses walkways and landscapine: to direct
visitors to the main entrance and away from private areas.
t4.4 The pedestrian access to the proposed clubhouse/community entrance is not well-defmed. The
anolicant shall submit a revised landscape olan that uses walkwav pavmg materials and
landscaping to alert motorists to the pedestrian traffic
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11,2006
1.5 L~t 1 ef Bleak 1 ereates resiaeaees that ':Jill Be iselated :a:sm taeK 9WTOl:l.RlHag: aei~'bel"s. 81iea
;Hea8 have an mel"easea eriml gettlRtial. Pael" ta 1B.e Rel.t p1ihlie hearinc:. the aoolieant sh&R werk
,,:ita t:lie PaliGe Ckief andIar PJan.-HRE: Staff te revise the alat/site elaf} such that tae
oo1:lseslElwalli:BE: 1iftits :in the ll!:efiefal afi~a are ea_eEl toware1 eRe 8fiether aae1 eaee1:lrall:C
iRteraetiaa Be~VeeB mor~ ReiHl9ars. The f)laVsite Ella shall be Fe\1Sea :in accorEl with. those
e1ise\t5sieas.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
6. Sanitary Service Company
6.1 Waste enclosure locations: There is a concern that the enclosures are not located to minimize
service:: ve::hicle backing-up requirements. Large waste vehicles have blind spots when backing up
is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory
at SSC (888-3999) to discuss this matter prior to the next public hearing.
7. Ada County Highway District
Site Specific Conditions of Avvroval
7.1 Construct West Pine Avenue as one half of a 46-foot street section with vertical curb, gutter and
5-foot sidewalks within 70-feet of right-of-way (35-feet from centerline). Widen du: bridge 011
the northwest and northeast property lines to accommodate the proposed pavement widening
along West Pine Avenue. Locate the improvements to West Pine Street approximately 346-feet
east of the northwest property line to provide a consistent street section for the Capital
hnprovements Plans widening of the intersection ofTen Mile Road and West Pine Street.
7.2 Construct internal roadways as 33-foot street sections.
7.3 Access on West Pine Avenue must align with northern access in the two proposed places: West
Iayton Drive, a proposed public street, located 497~feet west of the northeast property line and
North Lyndhurst Lane, a proposed private street, located 476-feet east of the northwest property
line. AClID requires Fire Department approval for these street sections.
7.4 Construct the intersection of North Glen Oaks Avenue and West Jayton Drive to a minimum
intersection measurement of 75-degrees.
7.5 Construct West Jayton Lane in alignment with West Iayton Drive at the intersection of West Pine
Avenue.
7.6 Construct West Snyder Lane in alignment with West Snyder Street at the intersection of North
Glen Oaks Avenue.
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 11. 2006
7.7 Other than the access specifically approved with this application, direct lot access to West Pine
Avenue is prohibited and shall be noted on the final plat.
7.8 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.1 b Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.3b All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7 Ab Replace any existing damaged. curb, gutter and sidewalk and any that may be damaged during the
construction ofthe proposed development. Contact Construction Services at 3M7-6280 (with file
number) for details.
7.5b Comply with the District's Tree Planter Width Interim Policy.
7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.7b All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incorporates any required design changes.
7.9b Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.10b Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.11b 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 AClID Traffic
Operations 387-6190 in the event any AClID conduits (spare or filled) are compromised during
any phase of construction.
7.12b No change in the terms and conditions ofthis approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
Exhibit B - Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 1 J, 2006
7.l3b 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 roles, regulations, ordinances, plans, or
other regulatory and legal restrictions in foree at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
8.4 It is recommended that stonn water be pre-treated prior to discharge to the subsurface to prevent
impact to ground water and surface water quality_ The engineers and architects involved with the
design of this project should obtain current best management practices for storm water disposal
and design a storm water management system that is preventing groundwater and surface water
degradation.
9. Idaho Power Company
9.1 I have visited with Vie Steelman, our joint trench coordinator, about your request for a seven foot
wide utility easement in the Canterbury Commons Subdivision. Your request for seven feet is less
than our normal ten foot wide easement. To accomplish this you also offered to allow us to place
our devices in an island area adjacent to the parking area next to the sidewalk. We have on a very
limited basis allowed this but additional utility easements are required to do this. The easement
would join the street side of the standard easement and be large enough to create a box around the
island in the parking lot. Our transformers would occupy the island as well as the devices of the
telephone and cable tv companies. The joint trench running line would be in the seven foot utility
easement with conduit stubs to the transformers. Our j-boxes would be in the normal utility
easement. Since this request is for an easement that is outside of our normal width we would like
to view a copy of the preliminary plat before giving; fannal ok to proceed with the request. Thank
You, please call me at 388-5585 if you have further questions.
Exhibit B - Page 10
CITY OF MER.lDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF mL Y ]], 2006
C. Legal Description
~
UNLIMITED BOUNDARIES, INC. D8A
Associated l,land Sunreyors
1103 W. Main SL
Middleton. Idaho 83644
LEGAL DESCJUPTtON FOR
,'MERlCA WEST HOMES
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Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JULY II, 2006
Exhibit C - Page 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
A. The map amendment complies with the applicable provisions of the comprehensive
plan;
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).
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
COWlcil finds that there are several uses that are allowed and ,;;ollditionally allowed
within the requested zoning districts of R~15. Specifically, multi-family uses are
conditionally allowed and townhouses are principally permitted. Council finds that the
development of this property should be required to comply with the established
regulations and purpose statements of the requested zone. See Section 10, Analysis above
for infonnation on the regulations that IlIxd to be complied with.
e. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council fmds that the proposed annexation and zoning, and subsequent development of
this property shall not be detrimental to the public health, safety and/or welfare. The
Conunission and Council should rely on any oral or written testimony that may be
provided when determining this finding.
D. 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
im:luding, but not limited to, school districts; and,
COWlcil finds that the proposed zoning alllCIlmnent wi11not result in allY adverse impact
upon the delivery of services by any political subdivision providing services to this site.
E. The annexation is in the best of interest ofthe City (UDC 1l-SB-3.E).
COWlcil 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. If
the Council determines the annexation is in the best interest of the City. a Development
AllI'eem.ent IDA) with the City is required.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shaD make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
Exhibit D - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
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 speeific
comprehensive plan action items that apply to this development).
B. Public services are available or can be made available and are adeq'Qate to
accommodate the proposed development;
Council fmds that services can be made available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expcruliture uf capital
improvement funds.
D. There is public financial 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, ACIID, etc.) to detennine this [roding. (See fmding Items 3
and 4 above under Annexation Findings above, and the Agency Comments and
Conditions in Exhibit B for more detail.)
E. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD considers road safety issues in their analysis.
The Commission and Council should reference any public testimony that may be
presented to detennine whether or not the proposed subdivision may cause health, safety
or environmental problems.
F. The development preserves significant natural, scenic or historic features.
Council finds that the Eight Mile Lateral and Ten Mile Stub Drain are features that
should be preserved. Council is unaware of any other natural, scenic or historic features
on this site. Therefore, Council finds that the proposed development will not result in the
destruction, loss or damage of any natural, scenic or historic feature(s) of major
importance, if thc Ten Mile Dmin and Eight Mile Lateral are preserved and protcctcd.
The Conunission and Council should reference any public testimony that may be
presented to detennine whether or not the proposed development may destroy or damage
a natural or scenic feature(s) of major importance.
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 tbe proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Exhibit D - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
Council fmds that the site is large enough to accommodate all required parking,
landscaping, loading and other standard regulations required by the UDC. However, the
applicant has applied for a variance to the standard lot size and rear building setbacks.
See Section 10 of the Staff Report for detailed analysis.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
Council fmds that the proposed zoning is in general conformance with the comprehensive
plan (please see Section 8 of the Staff Report for detailed analysis of specifie
comprehensive plan action items that apply to this development).
c. That the design, construction, operation and maintenaote 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.
Council fInds that the general design (as amended), eonstruction, operation and
maintenance of the townhouse and multi-family uses will be compatible with other uses
in the general neighborhood and with the existing and intended character of the vicinity
as to not adversely chal1gt: tht: clrnracter of the area. 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 Commi!;sion 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 all conditions of the approval imposed,
will not adversely affect otber property in the vicinity,
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 IIltructures, 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 facilities
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.
Council fmds 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. Council finds that the proposed uses should not create excessive additional costs for
facilities or services and should not be detrimental to the ~onomic welfare of the
community.
Exhibit D - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE RBARING DATB Of MARCH 16, 2006
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
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
COWlcil 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.
COWlcil does not believe that the amount of traffic or noise generated will be detrimental
to the general welfare of the public. The Commission and Council should reference any
public testimony that may be presented to determine whether or nut the proposal may
cause health, safety or environmental problems.
H. Tbat the proposed use wiD not result in the destruction, loss Or damage of a natural,
scenic or historic feature considered to be of major importance.
Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. The Commission and Council
should reference any public testimony that may be presented to determine whether or not
the proposed development may destroy or damage a natural or scenic feature(s) ofmajor
importance.
4. Private Street Findings:
A. The Design of tbe private street meets tbe requirements of this Article;
The applicant will have to certify that the Ada County Street Naming Committee has
accqJted the private street names. The design of the streets meets the standards as set
forth in UDC 11.3F-4; no gates are allowed. Roadway and storm drainage shall be
contained on site.
B. Granting approval of the private street would Dot cause damage hazard, or
nui!lance, or other detriment to persons property, or uses in the vicinity; and
Staff and Council does not anticipate any hazard, nuisance or other detriment from the
private streets if they are constructed and maintained as designed.
C. The use and location of the private street shall not conflict with the comprehemive
plan and/or the regional trantiportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or
the regional transportation plan.
Exhibit D - Page 4