Whitebark Subdivision AZ 06-044
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/25/07 01:4B PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City of Meridian
AMOUNT .00
37
1111111111111111111111111111111111111
107011191
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Cindy K. Lewis Trust, Owner/Developer
THIS DEVELOPMENT AGREJ:MENT (this "Agreement"), is made and entered
into this .2 /I...!:- day of J;r h U,t..~ ' 200i!, by and between City of Meridian, a municipal
corporation of the State of Idaho, ere after called "CITY", Cmdy K. LewIs Trust, 2025 E.
Chateau Dr., Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER.
1.
RECIT ALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as the
Property; and
1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of the Meridian Unified Development Code, which authorizes
development agreements upon the annexation and/or re-zoning ofland;
and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Property's described in Exhibit A, and has
requested a designation of (R-4) Low Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION
PAGE 1 OF 9
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the lih day of December, 2006, has
approved certain Findings ofF act and Conclusions of Law and Decision
and Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to
as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNERlDEVELOPER deems it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with
the terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORA TION 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
for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofldaho, organized and existing by virtue oflaw
DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION
PAGE 2 OF 9
ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 OWNERlDEVELOPER: means and refers to Cindy K. Lewis Trust,
whose address is 2025 E. Chateau Dr, Meridian, Idaho 83646, the party
developing said Property and shall include any subsequent developer(s)
or owner(s) ofthe Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be annexed and zoned R-4 (Low Density
Residential District) attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Unified Development Code codified as Meridian City Code
Section 11-2A-2, as follows:
Construction and development of 48 single-family building lots and
8 common lots on 19 acres in the proposed R-4 zone pertinent to
this AZ 06-044 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
2 That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development.
3. That the applicant will be responsible for all costs associated with
the sewer and water service extension.
DEVELOPMENT AGREEMENT (AZ 06-044) WHlTEBARK SUBDIVISION
PAGE 3 OF 9
4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the
City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
5. That the following shall be the only allowed uses on this property:
detached single family homes and allowed accessory uses of the R-4
zone.
6. That a maximum of 48 units will be constructed on this site.
7. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
8. That a street buffer, constructed in accordance with City Code, be
installed along Amity Road prior to occupancy of any new dwelling
units.
9. That the Cottswold Village Subdivision (AZ-06-042, PP-06-044)
annexation ordinance receives approval and signature from the City
Council thereby creating a path of annexation for the proposed
Whitebark Subdivision.
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 Ownt:r/Developer or Owner/Developer's heirs, successors, assigns, to comply
with Section 5 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code 9 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owner/Developer consents upon default to the reversal of the zoning
designation ofthe Property subject to and conditioned upon the following conditions precedent
to-wit:
DEVELOPMENT AGREEMENT (AZ 06-044) WHlTEBARK SUBDIVISION
PAGE 4 OF 9
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions ofthis Development Agreement and all other ordinances ofthe City that
apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection with
the Property, this Agreement may be modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of anyone or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
OwnerlDeveloper's cost, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning ofthe Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,
the City shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by
the assigns ofthe 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.
DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION
PAGE 5 OF 9
12.1 In the event ofa material breach of this Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party shall
commence to cure the same within such thirty (30) day period and
thereafter shall prosecute the curing of same with diligence and
continuity, then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing of the same
with diligence and continuity.
12.2 In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code, to insure that installation of the improvements, which the
Owner/Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owner/Developer has entered into an addendum agreement stating when the improvements
will be completed in a phased developed; and in any event, no Certificates of Occupancy shall
be issued in any phase in which the improvcmcnts have not been installed, completed, and
accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16 NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
DEVELOPMENT AGREEMENT (AZ 06-044) WHLTEBARK SUBDIVISION
PAGE 6 OF 9
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Cindy K. Lewis Trust
2025 E. Chateau Dr.
Meridian, Idaho 83646
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, tennination or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof~ and that the failure to timely perform any ofthe obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inurc to the bcnefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation
shall be subject to the provisions hereof and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon
written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement ifCity, in its sole and reasonable discretion, had detennined that
Owner/Developer have fully perfonned its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
DEVELOPMENT AGREEMENT (AZ 06-044) WHTTEBARK SUBDIVISION
PAGE 7 OF 9
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval ofthe City Council after the City has conducted public hearing( s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning ofthe Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
::~~
,\\\~~\\O .. . AMMY de WEERD
,,\ A. '\ . ///
~~ ~/ / 7
! c;~~g ~C~cil /-/o-{}
- -
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PAGE80F9
STATE OF IDAHO, )
: ss
County of Ada, )
On this rzs<1 day of 31 NJo. ~ ' (C{) 'I , before me,
the undersigned, a. Notary Public in and ti said State, personally appeared
Q Arv\~'i.. lru.51':J , known or identified to me to be the ~e:.J\tlJLnt
of CIN K. LEWIS TRUST, and acknowledged to me that he/she executed the same on
behalf of said Trust.
~~~9,
Notary Public I
Residing at: ~1 )"'7:e.. ~(L"y-<>
My Commission Expires: q\ ()l
STATE OF IDAHO )
: ss
County of Ada )
On this I Uth day of Jo..ru 1 Cln+- ,.:JOO"+, before me, a
Notary Public, personally appeared Tammy de Weerd..J.md William G_ Berg, Jr_, know or
identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Commission expires: I C\~ I \ -II
DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION
PAGE 9 OF 9
IDAHO
SURVEY
GROUP
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1450 East Watertower SL
Suite 150
Meridian. Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 06-135
May 1, 2006
Lewis Annexation
Description
A portion of the East 1/2 of the NE 1/4 of the NW 1/4 of Section 32, T.3N.,
R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at
the corner common to Sections 29,30,31, and 32 ofT.3N., R.1E., B.M.; Thence South
89043' 50" East, 1322.60 feet to the West 1/16 corner common to said Sections 29 and
32, said point being the REAL POINT OF BEGINNING.
Thence continuing along the North boundary of said Section 32 South 89043'50"
East, 500.72 feet;
Thence South 00018'40" West, 356.50 feet;
Thence South 89043'50" East, 160.50 feet to a point on the North-South mid-
section line of said Section 32;
Thence South 00018'40" West, 980.66 feet to the C-N 1/16 comer;
Thence North 89045'14" West, 661.99 feet to a 3/4" iron pin set in a concrete
filled 6"x5' iron post;
Thence North 00020'39" East, 1337.43 feet to the Point of Beginning. Containing
19.0 acres, more or less_
Prepared By:
Idaho Survey Group, P.e.
~CANNED TO COMPUTER FILE
~OPIED TO PROJECT FILE
nYCOPIEO TO: K S
REV~W Af'fRQVAJeL ______
BY~
D. Terry Peugh, PLS
AUG 1 4 ?006
lVii:.R1DIAN puBLIC
WORKS OEPT.
Pro f e s 5 ion a I L a. nd Sur v e y 0 r s
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
DEe 0 6 2006
~., 0 eridian
. k Office
e:U'oridi'tfn - '\
\ I (MHQ .'
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In the Matter of Annexation and Zoning (AZ) from RUT to R-4 AND PreJiminary Plat
(PP) approval of 48 building lots and 8 common/other lots on 19 acres, for Whitebark
Subdivision, by nan Wood.
Case No(s): AZ-06.044 and PP-06-046
For the City Council Hearing Date of: October 17,2006 (continued to October 24,
November 8, November 21, and November 28, 2006, with rmdings on the December 12,
2006 City Councll consent agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 17,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
17, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 17, 2006 incorporated by reference)
B. Conclusions of Law
I. nlt: Cily of Mmillan 8hl111 exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. S67-6503).
2. The Meridian City COWlcil takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions 8hall be reviewable by the City COWlcil pursuant to Meridian City Code ~
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-044 / PP-06-Q46 - PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian plamringjurisdiction.
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
shllll bl: signtd by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting: notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of October
17, 2006 incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated August 3,2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of October 17, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
wilhin twu (2) yt:ars uftht: approval uftht: prt:liminary plat or um: (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
[mal approval without rcsubmission 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
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-044 / PP-06-046 . PAGE 2 of 4
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is herehy notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a fmal action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
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 October 17,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-044 / pp-06-046 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the 12 f'~ day of
~"'J ~ ,2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED r
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COlINCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
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ATTEST' ,;,:.-'. "",~ ~ ~II(((
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WILLIAM G. BEiG,~~C~Y CLERK.~ ~ SEAL.f? j
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Copy served upon: V Applicant '''(/(1 On... 'T'" "" ,...""
_ /' II ""'-'1'1 l' 1'\'
V Planning Departmefrtll/", ",,'1,1
V Public Works Department
V' City Attorney
BY:~~
City Clerk's Office
Dated: ~-dO-OUl
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ.06-044 / PP-06-046 . PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
SURJECT:
Justin Lucas
Associate City Planner
Meridian PlaruUng Department
884-5533
Wbitebark Subdivision
~rldi~\
\ ILJ.\HO ".
STAFF REPORT
TO:
Hearing Date: 10/17/06
Mayor and City Council
FROM:
. AZ-06-044
Annexation and Zoning of 19 acres from RUT (Ada County) to R-4 (Medium
Low-Density Residential) zone
. PP-06-046
Preliminw:y Plat of 48 single-family building lots and 8 common lots on 19
acres in a proposed R-4 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Dan Wood, has applied for Annexation and Zoning (AZ) of 19 acres from RUT (Ada
County) to R-4 (Mediwn Low-Density Residential) and Preliminary Plat approval of 48 single family
residential lots and 8 common lots for the Wbitebark Subdivision. The site is located on the south side of
Amity Road approximately half way between Locust Grove and Eagle Roads in Section 32, Township 3
North, Rangc 1 East, and is clUTcntly refercnced as Asscssor's Parcel Numb!:r 81132212600.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-06.044 and PP-06-046) were submitteu tu the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the
requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of
the proposed Whitebark Subdivision (AZ.06-044 and PP-06-046) with the conditions listed in Exhibit B
of the Staff Report. Tbe Meridian PI.nnin!! and Zonin!! Commission beard tbese items on SeDtember
21. 2006. At the Dublic bearin!! they moved to recommend aooroval.
a. Summary of CommiRRion Puhlic Hearin!!:
1. In favor: Kent Brown. Dan Wood
ii. In opposition: None
ili. Commenting: None
iv. Staff presenting application: Justin Lucas
v_ Other staff commenting on application: Caleb Hood
b. Kev Issues of Discussion bv Commission:
1. Desie:n of cul.de.sac/hammerhead at the tenninus of the proposed South Limber
Pine Street.
c. Kev Commission Cbao!!es to Staff Recommendation:
1. None
d. Outstandin!! Issuees) for City Council:
1. None
The Meridian City Council heard tbe!le items on October 17. October 24. November It November
21. and Novemher 2ft 2006. On November 2R 2006. City Council aooToved the subiect
ann!iestlons. with cham~es.
Whitebark Subdivision AZ-06-044, PP-06-046
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
.a. Summarv of City Counell Public Hearin~:
i. In favor: Kent Brown. Dan Wood
ii. Tn onnosition: None
iii. Commentinl!: None
iv. Written testimonv: N.~
v. Staffpresentinl!: annlication: Anna Borchers Canni~
vi. Other sotaff cllmmentinp' on lInnlicAtion: None
ha Kev Issues of Discussion bv Council:
i. - DesilPl of the cul-de-sac/hammerhead at the termillJ,lU.lf South Limber Pine
~
ii. - The amount of usable ooen soace orovided in the subdivision.
,y Kev Council ChanfJell to Commisllion Recommendation:
i. ~ Removed condition] .2.6. which reouired the aonlic.ant to use a cul-de-sac in-
stead of the DrQDOSed hammerhead at the tenninus of South Limber Pine Street.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-044 and PP-06-046 as presented in the Staff Report for the hearing date of October 17, 2006,
with the following modifications to the conditions of approval: (Add any proposed
modificatiow. )
Demal
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-
044 and PP-06-046 as presented during the hearing on October 17, 2006, for the following
rca:sunl:i; (S~a~c spt:l,;ifi\; n::~SOlli> for ul;:ll.ial of the all11exa~ioIl amI/ur prdilllrnary plat rC::4ucsL)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Nwnbers
AZ-Q6-044 and PP-06..Q46 to the hearing date of (insert continued bearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2135 E Amity Road
Section 32, T3N, R1E
b. Applicant / Owner:
Cindy K. Lewis Trust
9754 W. Milclay Street
Boise, ID 83704
c. Representative: Kent Brown, Bailey Engineers
d. Present Zoning: RUT (Ada COlUlty)
e. Present Comprehensive Plan Designation: Low Density Residential
f. Description of Applicant's Request:
Whitebark Subdivision AZ-06-044, PP-06-046
PAGE 2
CITY Of MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR THE HEARING DATE OF OcrOBER 17, 2006
1. Date of Preliminary Plat (attached in Exhibit A): August 3,2006
2. Datt: ufLanUscape Plan (attached in Exhibit A): August 4, 2006
g. Applicant's Statement/Justification: I believe the design of the Whitebark neighborhood meets
the needs of the governmental agencies reviewing this application. The neighborhood design
provides for quality of life in affordable design. The following design elements are present in
the Whitebark Neighborhood:
1. Whitebark has created a pedestrian friendly environment for the future residents with
the short block lengths and street design that will not. encourage drive through traffic_
2. Whitebark has larger lots for homebuyers that may want shops in their back yards.
5. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public
hearing is required before the City Council on this matter.
b. The subject application will, in fact, constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: September 4, 2006, and September 18, 2006 (Planning
Commission); September 25,2006 and October 9, 2006 (City Council)
d. Radius notices mailed to properties within 300 feet on: August 25, 2006 (Planning
Commission); September 22, 2006 (City Council)
e. Applicant posted notice on site by: September 11, 2006 (planning Commission); October 7,
2006 (City Council)
6. LAND USE
a. Existing Land Use(s): Rural Single Family Residential/Agriculture
b. Description of Character of Surrounding Area: Rural land uses and some single family homes.
Much of the land to the north has already been annexed in to the city and zoned for residential
uses. This area is in transition from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Rural Residential/Agriculture zoned RUT (Ada County).
2. East: Rural Residential/Agriculture zoned Rl (Ada County).
3. South: Rural ResidentiaVAgriculture zoned RUT (Ada County).
4. West: Rural ResidentiaVAgriculture zoned RUT (Ada County).
d. History of Previous Actions:. N/A
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: This property is master planned to sewer to a trunk main
located in Messina Meadows.
Location of water: This property is proposing water service to future mains
installed in Amity Road.
Whitebark Subdivision AZ-06-044, PP-06.046
PAGE 3
ClTY OF MERIDIAN PLANNING DEPARTMENT 5T AfF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
Issues or concerns: 1.) Main size and routing. 2.) This property is currently not
serviceable. 3.) Depending on the applicants timelines an "Off.Peak Pumping
Station" may be required.
2. Vegetation: N/ A
3. Floodplain: N/A
4. Cana1s/DitcheslIrrigation: No major facilities are located on tbis site.
5. Hazards: N/A
6. Proposed Zoning: R-4
7 _ ~i:7.e of Property: 19 acre...
f. Subdivision Plat Information:
1. Residential Lots: 48
2. Non-residential Lots: 0
3. Total Building Lots: 48
4. Common Lots: 8
5. Other Lots: 0
6. Total Lots: 56
7. Open Lots: 0
8. Residential Area: 19 acres
9_ Oro:;;:;; Den:;;ity: 2.52 unit:;; per acre
10. Lot Sizes: Lot sizes range from approximately 10,000 square feet to 15,827 square
feet.
g. Landscaping:
1. Width of street buffer(s): 25 feet along Amity Road.
2. Width ofbuffer(s) between land uses; N/A.
3. Percentage of site as open space: 1.44 acres (7.6%)
4. Other landscaping standards: Landscaping adjacent to micro-path:;; :;;hould comply
with UDC 11-3B-12.
h. Proposed and Required Residential Setbacks' As per the R-4 70ne for Ringle family dwelling....
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole
access to the development will be from the proposed South Whitebark Street which connects
to Amity Road. Beyond this access point the applicant has proposed three different stub streets
East Bird Pine to the west, East Scrub Pine to the East and South Whitehark to the south. The
applicant is also proposing eight foot parkway planters with tour toot detached sidewalks
along all of the proposed streets. In general staffis supportive of the street layout. and design.
7. COMMENTS MEETING
On September 1, 2006, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
Whitcbark Subdivision AZ-06-044, PP-Q6.046
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 17,2006
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map.
Low density residential areas are anticipated to contain single family residences at densities up to tbret:
dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes
48 residential building lots on 19 acres for a gross density of2.52 dwelling units/acre.
City Council frods that the proposed development is in general compliance with the Comprehensive Plan.
The following Comprehen!\ive Plan policies apply to this application:
. Chapter VII, Goal ill, Objective A. Action 1 - Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
.Ada County Highway 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 Libra,y District should suffa no revenue loss as a
result of the sub feet annexation.
Municipal, feevsupported. services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Mertdtan Planning Department, Meridian Utility Billing &rvir.:e:;, u.nli Sanitary
Services Company.
. Chapter VI, Goal IT, Objective A, Action 3 . Consider "Accommodating Bicycle and
Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and
Walking in aU land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a 1TUlnner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access cOIl1lectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
Whitebark Subdivi5ion AZ-06.044, PP-06-046
PAGE 5
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
Staff is supportive of the proposed pedestrian connection to Amity Road via the proposed
sidewalks, as well as the proposed stub streets provided to the west, east and south, which will
provide for pedestrian connectivity with fUture developments in those areas.
. Chapter VII, Goal W, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the surrounding developments are
compatible with the proposal.
. Chapter VII, Goal IV, Objective C, Aetion 10 - Support a variety of residential catcgorics
(low-, mediwn-, and high-density single family, multi.family, townhouses, duplexes,
apartments, condominiums, etc.) for the pUIpose of providing the City with a range of
affordable housing opportunities.
The subject applicatiun includes a reque:;tJur the R-4 zuning designatiun with u prupused density
of 2.56 d.u./acre. Stafffinds that the requested zoning designation is generally consistent with the
Comprehensive Plan designation for this site and. due to the larger lot sizes.. will add to the
variety of housing offered in this area of the city.
. Chapter VI, Goal II, Objective ^ Action 6 - Require street connections between subdivisions
at regular intervals to enhance c01U1ectivity and better traffic flow.
Three stub streets will provide cross-access with the properties to the west, east and south when
they develop.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a
Permitted Use in the R.4 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. C01U1ection 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 ean be accommodated within the density range.
c. Common driveways: UDC 11.6C-3D describes the standards for common driveways. All
conunon drives proposed by the applicant should meet the standards as described in the UDC.
These standards are listed below:
1. Maximum dwelling units served: Common driveways shall serve a maximum of four
(4) dwelling units.
2. Width standards: Common driveways shall be a minimwn of twenty feet (20') in
width.
3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet
(I 50') in length or less, unless otherwise approved by the Meridian City
Fire Department.
4. Improvement standards: Common driveways shall be paved with a swface
capable uf suppurting firt: vt:hides and equipment.
5. Abutting properties: Unless limited by significant geographical features, all
properties that abut a common driveway shall take access from the driveway.
Whitebark Subdivision AZ-06-044, PP-06-046
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
6. Turning radius: Common driveways shall be straight or provide a twenty-eight
foot (28') inside and forty-eight foot (48') outside turning radius.
7. Depictions: For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be shown on the
preliminary and/or final plat.
8. Easement: A perpetual ingress/egress easement shall be filed with the Ada
County Recorder, which shall include a requirement for maintenance of a
paved surface capable of supporting fire vehicles and equipment.
9. Alternative compliance: The Director may approve or recommend approval of
alternative design or construction standards when the applicant can
demonstrate that the proposed overall design meets or exceeds the intent of
the required standards oftbis Section and shall not be detrimental to the public
health, safety, and welfare.
10. ANALYSIS
a. Analysis of Facts Leading to StaffRecomrnendation
ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan, staff believes that the requested R4 zone is appropriate for this property.
Please see Exhibit D for detailed analysis ofthe required facts and fmdings for annexation.
While currently this property is not contiguous to the City of Meridian corporate boundary, there
is another proposed annexation (Cottswold Village Subdivision, AZ-06-042, PP-06-044) that if
approved would create an annexation path for this property. Due to this concurrent application
staff was able to process thc request for annexation made by the applicant with the undenltanding
that annexation of the property would be contingent upon City Council approval and signature of
the annexation ordinance for the Cottswold Village Annexation.
The annexation legal description submitted with the application (prepared on May 3,2006, by D.
Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City uf
Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06-
044) annexation application.
Special Considerations:
Development Agreement UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A provides the
City the authority to require a property owner to enter into a Development Agreement
(DA) with the City that may require some written commitment for all future uses. Staff
believes that a DA is necessary to ensure that this property is developed in a fashion that
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 (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the City Attomey,'
Bill Nary, at 888-4433 to initiate this process. The DA shall incoxporate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
Whitebark Subdivision AZ-06-044, PP-06.046
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF OCTOBER 17, 2006
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
. That the applicant will be responsible for all costs associated with the sewer
nnd wnter service extension.
. 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 pwposes such as landscape irrigation.
. That the following shall be the only allowed uses on this property: detached
single family homes and allowed accessory uses of the R-4 zone.
. That a maximum of 48 units will be constnlcted on this site.
. That prior to issuance of any building permit, the subj ect property be
subdivided in accordance with the City of Meridian Unified Development
Code.
. That a street buffer, constructed. in accordance with City Code, be installed
along Amity Road prior to occupancy of any ncw dwelling units.
. That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation
ordinance receives approval and signature from the City Council thereby
creating a path of annexation for the proposed Whitebark Subdivision.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained. in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Code, staff believes that this is a good location for the proposed single-family residential
development. Please see Exhibit 0 for detailed analysis of facts and findings for a preliminary
plat.
Land!lcaping: The landscape plan prepared by Jensen Re1t!; A~~oci:lte~, on R-4-0n, is
approved with the following modifications/notes:
. Per UDC ll-3G~3B5 parkways that are used as common open space shall be
a minimum of eight feet wide from street curb to edge of sidewalk and
contain one class two tree for every 35 linear feet of parkway.
. Thc proposed micro pathways shall be constructed in accordance with UDe
11-3Aa8. All landscaping adjacent to the pathway shall meet the
requirements outlined in 11~3B-12.
. Per UDC 11-3Ga3A, set aside at least 7.6% (1.44 acres) of the site for
useable open space, as proposed.
. Per UDC 11-3B-10. the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified. nurseryman responsible for the landscape
plan. All standards ofinsta11ation should apply as listed in uue ll-3H-14.
Submit copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the final plat application(s).
Whitebark Subdivision AZ.06-044, PP-06-046
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF OCTOBER 17, 2006
Common Areas I Open Space~ The applicant is proposing to set aside approximately
7.6% (1.44 acres) of the site as conunon usable open space. The majority of this open
space is located in the parkways adjacent to the streets and one micro-pathway. Even
though the open space provided meets the minimum requirements, Staff is concerned
about the lack of a common neighborhood gathering area such as a small park or picnic
area. Maintenance of all conunon areas shall be the responsibility of the Whitebark
Subdivision Homeowners Association.
Stub Streets~ The applicant should be required to provide public stub streets to the
Huffman property to the west (parcel #SI132212650), the Warrick Property to the east
(Parcel #SI132121100) and the Providence property to the south (parcel #Sl1322447l5)
as proposed.
Parcel No. S1132211540 and S1132212510~ As proposed, the applicant is not proposing
to provide access to the two out parcels to the northeast. ACHD is requiring the applicant
to dedicate right-ofwway along the entire length of the out parcels located to the northeast
abutting the proposed entry road. Staff is supportive of ACHD's requirements because it
will help these parcels redevelop in the future without having to take access off of Amity
Road.
Existing ResidenceslBuildings~ The site currently contains one out building. All
existing buildings shall be removed/re-located in accordance with the building setbacks
of the R-4 zone, prior to signature of the fInal plat by the City Engineer.
Hammerbead~ Both the Fire Department and ACHD are not supportive of the
hanunerhead that is located at the terminus of South Limber Pine. Both of these agencies
reconunend a standard cul-de-sac design. Staff supports these other agencies and believes
that a standard cul-de-sac would be more appropriate for this location.
Pressure Irrigation~ The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. The applicant should be required to utilize
any existing swface 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 cOIlnection is utilize~ the developer will be responsible for the payment of
assessments for the common areas prior to signature on the fInal plat by the City
Engineer. An undergroWld, 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.
FeDcin~ Six foot solid fencing is shown on the landscape plan around the perimeter of
the project. Four foot fencing is shown adjacent to micro pathways. The applicant should
submit a detailed fencing plan with the final plat application for the subdivision. If
pennanent fencing is not provided, temporary construction fencing to contain debris must
be installed around the perimeter prior to issuance of a building pennit. All perimeter
fencing must be completed prior to issuance of building permits. Fencing should taper
down to a 3 foot maximwn within 20 feet of all rights-of.way. All fencing shall be
installed in accordance with UDC ll-3A- 7.
Ditches, Laterals, aDd CaDals... As per UDC 11.3A-6, all irrigation ditches, 1alt:f"d1s ur
canals, exclusive of natural waterways and waterways being used as amenities, which
intersect, cross or lie within the area being subdivided shall be covered.
Whitebark Subdivision AZ-06-044, PP-06-046
PAGE 9
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
b. Staff Recommendation: Based on the above analysis, staff finds that application~ AZ-06-044 and PP_
06-046 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends
approval of said AZ and PP applications subject to the conditions listed in ExhibitB. The Meridian
PllInnine: and Zooin!! Commission heard these items OD Seutember 21. 2006. At the DubUc hearin!!
they moved to recommend IIDDfOVal. The Meridian City Council heard (helle itemll on October 17.
October 24. November 8. Novemher 11 and Novemher 2R 2006. 00 November 28. 2006. City
Council annroved the suhiect annlicatioo!l. with chanp'e!l.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (Dated: August 3, 2006)
2. Landscape Plan (Dated: August 4,2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
n. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
C. Legal Description
D. Required Findings from Zoning Ordinance
Whitebark Subdivision AZ-06-044, PP-06-046
PAGE 10
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
A. Drawings
1. Preliminary Plat (Dated: August 3, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF OCTOBER 17,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 Prior to the aWlexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner(s) (at the time of 8Wlcxation ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate
this process.
1.1.2 The annexation legal description submitted with the application (prepared on May 3, 2006, by D.
Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of
Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06-
044) annexation application.
1.2 SITE SPECIFIC REQUIREMENTS-PRELJMlNAR Y PLAT
1.2.1 The preliminary plat labeled as Sheet I, prepared by The Land Group, ual~ll August 23, 2006, is
approved, with the conditions listed herein. All comments and provisions of the accompanying
Annexation and Zoning application (AZ-06-044) and any future development agreement shall
also be considered conditions of the Preliminary Plat (PP-06-046).
1.2.2 The landscape plan prepared by Jensen Belts Associates. on 8-4-06. is approved with the
following modifications/notes:
· Per UDC 11-3G-3B5 parkways that are used as common open space shall be a
minimum of eight feet wide from street curb to edge of sidewalk and contain one class
two tree for every 35 linear feet of parkway.
. The proposed micro pathways shall be constructed in accordance with UDC 11~3A-8.
All landscaping adjacent to the pathway shall meet the requirements outlined in 11-
3B-12.
· Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open
space, as proposed.
. Per UDC 11-3B.I0, the applicant should work with the City Arborlst, Elroy Hl.lff, un
designing, adopting, and implementing a protection and mitigation plan for the
existing trees on site.
. A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
The landscape plan is not to be altered without approval of the Planning and Znning DepartmenL
No field changes to the landscape plan are permitted. All standards of installation shall apply as
listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
1.2.3 Provide public stub streets to the Huffman property to the west (Parcel #S1132212650), the
Warrick Property to the east (Parcel #51132121100) and the Providence property to the south
(Parcel #SI132244715) as proposed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER) 7,2006
1.2.4 Provide public street frontage along South White Bark Street abutting parcel nwnbers
S1132212540 and Sl132212510.
1.2.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
1.J.8 "FRilllJl,lillMt shall l'llplull the PKj1illHli l'laHllBemllaa 8t the tel'l11imte sf Eo"'1h ];._11 u Pins .>'ith
8 a_dad lllilllilc 886 tnat HUlet!! Fire DllJlftltlftllM twtHn8 falHWi at!lRdM"dll.
1.2.7 Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision
Homeowners Association.
1.2.8 Per UDC 11.3A.6 all irrigation ditches, laterals or canals, exclusive of nalural walcrways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non.approval submitted to the
Public Works Department prior to construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC ll-3A.17.
1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-II.
1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
finlll plat by the City Engineer. An underground, pressurized irrigation system should be installed
to all landscape areas per the approved specifications and in accordance with UDC ll-3A.15 and
MCC 9-1-28.
1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted Jar the subdivision with the final plat application. 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 modification$ a$ proposed by
staff.
1.3.5 The applicant shall submit a fencing plan with the fmal plat application for the subdivision. If
pennanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building pennit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11.6B.7.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer :servi\,;~ lu lhis development is being proposed and shall be required to be via
extension of an IS-inch trunk main planned in Messina Meadows. This property is currently not
serviceable and the City of Meridian does not guarantee sewer-ahility in the tiroelines established
in the UDC.
2.2 The applicant shall have to wait to sewer this property (final p1a.t signature) until the Black Cat
Trunk COlUlects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to
install a temporary off.peak pumping station in a location coordinated with the Public Works
Department. The station design and capacity shaH be coordinated with the Public Works
Department. The design shall include communication capabilities that are consistent with the City
of Meridian's SCADA system. If new information arises from ongoing modeling exercises or
other subsequent sources, then this condition may be rescinded by the City Engineer.
2.3 The applicant shall install mains to and through this development; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard 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 The applicant shall be responsible to install a IS-inch sewer line through this development as
shown on the preliminary plat.
2.S Water service to this site is being proposed via extension of mains planned in Amity Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.6 The applicant shall be responsible to upgrade the water main in S. Whitebark Street to 12-inoh.
This is necessary to comply with the City of Meridian's policy of l2-inch mains on the mile and
half-mile.
2.7 Thc applicant shall be responsible to install sewer and water mains to the end of all stub streets
proposed in this development.
2.8 Any potential reimbursement agreements must comply witb all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.9 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). No trees shall be allowed within the sewer
easement on Lot 7, Block 4.
2.10 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.
2.11 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
cOlUlection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the [mal plat by the City Engineer.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
2.13 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.14 Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk.
2.15 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non.
domestic purposes such as landscape irrigation.
2.16 Per UDC 11.3A.6 all ilTigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or nonwapproval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.17 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.
2.18 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 fmal plat.
2.19 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.
2.20 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, priur to signaturt: un the fInal plat.
2.21 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fai.r Housing Act.
2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Prolectiun Agt:ncy.
2.23 Applicant shall be responsible tor application and compliance with any Section 404 Permitting
that may be requireu by tht: Army COIl'S of Engint:ers.
2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near siuewa1k Lht: applicanl shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.25 Compaction It::sl n::llults llhal1 be llubmitted to the Meridian Building Depanment for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.26 Tht: t:ngineer llhall 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.
2.27 One hundred watt, high.pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium street1ight~, on 10' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
Exhibit B
erTY OF MERIDIAN PLANNING DEPAKlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersection!: and/or fll'e hydrants, and no further than
400' distance in between locations. Final design locations and quantity are detenmned after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
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 Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face u street which docs not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to mcct the fcquirexm:nts uf tht:!Fe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around. (The proposed cuI-de.
sac at the north end ofN. Bright Angel Avenue does not meet the turnaround requirements.)
3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside
and 48' outside radius. The hammerhead at the terminus of South Limber Pine shall be converted
into a cul-de-sac that meets emergency vehicle road way requirements.
3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.7 Operational rue hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.8 All portions of the buildings located on this project must be within 150' of a paved surface as
measmed aronnd the perimeter of the building.
4. POLlCE DEPARTMENT
4.1 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the
public street.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site as submitted with the application.
6. SANlTAKY St;RV1l.:I<; COMPANY
6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius.
7. ADA COUNTY HIGHWAY DISTRICT
7.1. SITE SPECIFIC REQUIREMENTS
Exhibit B
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
7.1.6
7.1.7
7.1.8
7.1.9
7.1.10
7.1.11
7.1.12
7.2
7.2.1
7.2.2
7.2.3
7.2.4
Exhibit B
CITY OF MERIDIAN PLANNING DfP AR1MENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
Dedicate 48-feet of right-of-way, an additional 23wfeet, from centerline of Amity Road along the
entire site frontage. Construct a S-foot detached concrete sidewalk not closer t.han 41-feet from
t.he centerline of Amity Road and provide an easement to the public for any portion of the
sidewalk located outside ofthc public right.of-way.
Construct South Whitebark Street as a local roadway located approximately 470-feet east of the
northwest property line (measured centerline to property line) as a 50-foot st.reet. sect.ion within
64-feet of right-of-way, complete with vertical curb, gutter and 5-foot attached concrete sidewalk
within the proposed right-of-way.
Locate a center island in the entry road at the intersection ot. Amity Road and provide 21-[eet of
pavement on all sides of the island.
Dedicate rightwof-way along the entire out.parcel1ocated to the northeast abutting the proposed
entry road.
Construct the internal roadways as 36-1'oot street sections within 54.feet of rights-of-way
complete with curb, gutter and 4-[00t detached concrete sidewalk. Provide an easement to the
public for any portion of the sidewalks located outside oftbe public right-of-way.
Construct three knuckles within the development with center islands as proposed, with a
minimum 29-feet of pavement surrounding the islands in the knuckles.
Construct a standard cuI-de.sac turnaround at the tenninus of South Limber Pine.
Construct a stub street to the east, East Scrub Pine Street, located approximately 500.feet north of
the southeast property line (measured property line to centerline). This stub street shall align with
and connect to a future roadway to the east of this site. A sign shall bc installed at the tcmninus of
the stub street stating that, "THIS ROAD WilL BE EXTENDED IN THE FUTIJRE".
Construct a stub street to the west, East Bird Finc Street, located approximately 830-feet north of
the southwest property line (measured property line to centerline). This stub street shall align
with and connect to a future roadway to the west of this site. A sign shall be installed at the
terminus of the stub street stating that, "TIllS ROAD WILL BE EXTENDED IN THE
FUTURE".
Construct a stub street to the south, South Whitebark Street, located approximately 165wfeet west
of the southeast. property line (measured property line to centerline). This stub street shall align
with and connect to a future roadway to the south of this sileo A Sil!\ll shall bt: installed at the
terminus of the stub street stating that, "TInS ROAD WILL BE EXTENDED IN THE
FUTURE".
Amity Road is classified as an arterial roadway; all access points to Amity Road will be closed
except the access specifically approved with this application: direct lot access to Amity Road is
prohibited and should be noted on the final plat.
Comply with all Standard Conditions of Approval.
GENERAL REQUIREMENTS
Any existing iuig<ltiun facilitit:s shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-uf.way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, TSPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incoJporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the rigbt-ofwway. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLmE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACIID conduits (spare or fillod) ate compwrnist:d during
any phase of construction.
7.2.12 No change in thc tenns and conditions of this approval shall be valid unless tht:y art: 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 confrrmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all roles, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District ufits intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
CIlY OF MERIDIAN PLANNING OfP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006
C. Legal Description
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Prepared By:
Idaho Survey GrollP, P.C.
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Exhibit C
CITY OF MERIDIAN PLANNING OEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER] 7, 2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at tbe public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-4. City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
this Staff Report.
2. The map amendment compUes with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that single-family residential uses are allowed within the requested
zoning district of R4 as a Principally Permitted Use. The accompanying plat
demonstrates the land will be developed with varying lot sizes and other dimensional
requirements which conform to the proposed zoning designation.
3. The map amendment shall Dot be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that may be provided when detennining this fmding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but Dot limited to, school districts; and,
City Council fmds that the proposed zoning amendment will not result in any adverse
impact upon delivery of services by any political subdivision providing services to this
site, as conditioned in the staff report.
5. The annexation is in the best of intend of the City (UDC 11-5B-3.E).
City Council finds that all essential services will be provided by the developer to the
subject propClty and will not require wlreasonab1e expenditure of pub1il; funu:.>. Tht:
applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan: and this is a logical expansion of the City limits. In accordance
with the findings listed above, City Council fmets that Annexation and Zoning of this
property to R-4 would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
tbe decision-making body shaD make the fonowing findings:
1. The plat is in conformance with the Comprehensive Plan;
City Council fmds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. City Council supports the proposed density and proposed
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006
plat layout, with recommended changes, as they comply with the provisions of the
Comprehensive Plan. Pleao;;e see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
City Council finds that public services can be made available to accommodate the
proposed development. (See Finding Items 3 and 4 above under Annexation Findings for
more details.) .
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
se!vice providers (i.I:., Pulict:, Fire, ACHD, etc.) to determine this finding. (See Exhibit
B, Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public healtht safety or general
welfare; and
Staff is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's
attention. ACHD considers road safety issues in their analysis. Staff reconunends that
the COnmllssion and Council reference any public testimony that may be presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staffis unaware.
6. The development preserves significant natural, scenic or historic features.
City Council is unaware of any natural, scenic, or historic features on this site.
Therefore, City 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. Staff recommends that the Conunission and Council reference any public
testimony that may be presented to detennine whether or not the proposed development
may destroy or damage a natural or scenic feature(s) of major importance of which staff
is unaware.
Exhibit D