Rushmore Subdivision RZ 06-004
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03108/07 01 :36 PM
DEPUTY Palli Thompson 1111111111111111111111111111111111111
RECORDED-REQUEST OF 107033606
City 01 Meridian
AMOUNT
.00
62
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Meridian Friends Church, Owner
SLC Investments, LLC, Developer/Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this 20 ~day of ;:L6ylA.<<.-Y:! ,2007, by and between City of Meridian, a
municipal corporation ofthe State ofIdaho, hereafter called CITY, SLC Investments, LLC,
whose address is 3210 E. Chinden Boulevard, Suite 115-327, Eagle, Idaho, 83616,
hereinafter called DEVELOPER/OWNER, and Meridian Friends Church, whose address is
1021 W. Pine Street, Meridian, Idaho 83642, hereinafter called OWNERS.
1.
RECITALS:
1.1 WHEREAS, Developer/Owner and Owners are the sole owners, 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, r.e. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Developer/Owner and/or Owners make a written commitment
concerning the use or development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Developer/Owner has submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and
has requested a designation of (R-15) Medium-High Density
Residential District and L-O (Limited Office District), (Municipal
Code of the City of Meridian); and
1.5 WHEREAS, Developer/Owner and/or Owners made representations
at the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (RZ 06~004) RUSHMORE SUBDIVISION
PAGE 1 OF 12
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 of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 25th day of July, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Developer/Owner and/or
Owners to enter into a development agreement with relation to the R-
15 (Medium-High Residential District) before the City Council takes
final action on annexation and zoning designation; and
1.9 DEVELOPER/OWNER and/or OWNERS deem it to be in their
best interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at their urging
and requests; and
1.10 WHEREAS, City requires the Developer/Owner and/or Owners 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.
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 2 OF 12
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 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
subdi vision 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/OWNER: means and refers to SLC Investments,
LLC, whose address is 3210 E. Chinden Boulevard, Eagle, Idaho
83616, the party developing and owning a portion of said Property
and shall include any subsequent developer(s) and/or owner(s) ofthe
Property.
3.3 OWNERS: means and refers to Meridian Friends Church, whose
address is 1021 W. Pine Street, Meridian, Idaho 83642the parties that
own a portion of said Property and shall include any subsequent
owner(s) of the Property.
3.4 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 re-zoned R-15 (Medium-High
Density Residential District) and L-O ( Limited Office District)
attached hereto and by this reference incorporated herein as if set
forth at length.
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Section 11 which are herein specified as follows:
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 3 OF 12
Construction of six 4-plex lots in the proposed R-15 zone and 1
church lot and 2 common lots in the proposed DO zone on 5.49
acres, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this RZ 06-004 application.
This Agreement shall apply only to the R-15 portion of the property.
4.2 No change in the uses specified in this Agreement shall be allowed
without moditication ofthis Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Developer/Owner and/or Owner shall develop the Property in accordance
with the following special conditions:
5.1.1 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.
5.1.2 That all future development of the subject property shall be consistent
with the approved preliminary plat unless otherwise modified by
other provisions of the DA, or in the future by the City Council.
5.1.3 That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
5.1.4 That the future uses and lots on this site shall conform to the District
Regulations contained in the Unified Development Code (UDC), in
effect at the time of development
5.1.5 That the applicant be responsible for all costs associated with the
sewer and water service extension.
5.1.6 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7 -517, when services are available from the City
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 4 OF 12
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.7 That prior to issuance of any building permit, the subject property
shall be subdivided (a recorded plat) in accordance with the City of
Meridian Unified Development Code.
5.1.8 That when any new construction occurs on Lot 1, Block 1 (Church
lot), a landscape street buffer along Pine A venue will be constructed
in accordance with the UDC or a new CUP must be submitted and
approve by the City.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Developer/Owner and/or Owners or Developers/Owners and/or Owners
heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of Subject Property" of this agreement within two years of the date this
Agreement is effective, and after the City has complied with the notice and hearing
procedures as outlined in Idaho Code ~ 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Developer/Owner and/or Owners consent upon default to the reversal of the
zoning designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer/Owner and/or Owners and if the
Developer/Owner and/or Owners fails to cure such failure within six
(6) months of such notice.
8. INSPECTION: Developer/Owner and/or Owners shall, immediately upon
completion of any portion or the entirety of said development of the Property as required by
this agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the City that apply to said Development.
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 5 OF 12
9.
DEFAULT:
9.1 In the event Developer/Owner and/or Owners, or Developer/Owner's
and/or Owners' heirs, successors, assigns, or subsequent owners of
the Property or any other person acquiring an interest in the Property,
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the Property, this Agreement
may be modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Developer/Owner and/or Owners
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
Developer/Owner's and/or Owners' cost, and submit proof of such recording to
Developer/Owner and/or Owners, prior to the third reading of the Meridian Zoning
Ordinance in connection with the re~zoning of the Property by the City Council. If for any
reason after such recordation, the City Council fails to adopt the ordinance in connection
with the annexation and zoning of the Property contemplated hereby, the City shall execute
and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by the City or Developer/Owner and/or Owners, 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.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Developer/Owner and/or Owners shall have thirty (30)
days after deli very of notice of said breach to conect 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
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 6 OF 12
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Developer/Owner and/or Owners 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
Developer/Owner and/or Owners agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer/Owner and/or Owners
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the City and Developer/Owner and/or Owners have entered into an addendum
agreement stating when the improvements will be completed in a phased developed; and in
any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner and/or
Owners 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 (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 7 OF 12
CITY:
DEVELOPER/OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, In 83642
SLC Investments, LLC
3210 E. Chinden Boulevard, Ste 115-327
Eagle, In 83616
OWNERS:
Meridian Friends Church
1021 W. Pine Street
Meridian, ID 83642
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 shan survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINnING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 8 OF 12
Agreement shall be binding on the Developer/Owner and/or Owners of the Property, each
subsequent owner and any other person acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees, upon written request of Developer/Owner and/or Owners, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Developer/Owner and/or Owners have fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer/Owner and/or
Owners and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
Developer/Owner and/or Owners 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 ofthe
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 9 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
C""rnf~A.U Iv
OWNERS:
MERIDIAN FRIENDS CHURCH
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BI JILCJe. IhV 1-1. ,v,well
By:
Attest:
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DEVELOPMENT AGREEMENT (RZ 06~004) RUSHMORE SUBDIVISION
PAGE 10 OF 12
STATE OF IDAHO, )
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County of Ada, )
On this Z-- day of tE&. , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared (',Q.~'\h. Ck r-.'DteVl~ ~ ""
known or identified to me to be the Y"'Y\ e ~ .r of SLC Investments, LLC,
acknowledged to me that they executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal th~,daranc;l.',year in this certificate first above written.
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Notary Public for Idaho
Residing at: ~11 't:::I , -dLD
My Commission Expires: 3 -~ 3-lO
STATE OF IDAHO, )
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County of Ada, )
On this~ day of Fe/'. ,2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ t" -l~s dY"J 1-1, N'P LA.,) ~ ) I ,
known or identified to me to be the ChtUi'~.bh ,9 7/r"'i 1e.c..J of Meridian Friends
Church, acknowledged to me that they executed the same on behalf of said church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certifi e . lfst a ove written.
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Notary Public for Idaho
Residing at: ~ .,. .. ~
My Commission Expires: -!I. /,1: IJ 9
DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDIVISION
PAGE 11 OF 12
STATE OF IDAHO )
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County of Ada )
;f {}{.-13vr~ On this '7+'" day of rVlevt c- h ,2007, before me, a Notary
Public, ersonallyappeared1Ta11lIlly Jc YV'CCIJ and William G. Berg, Jr., know or identified
to me to be the and City 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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DEVELOPMENT AGREEMENT (RZ 06-004) RUSHMORE SUBDMSION
PAGE 12 OF 12
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PO Box 188
105 N Main Street
Cascade. Idaho 83611
Office:208-3824lJm
Fax: 2iJ8..382-3410
Rennison Fodrer
Et,ginms · Surveyors- p~
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128 S Eagle Road
StriteB
Eagle. Idah08~
Office: 2C&93S-;2.:wo
Pax: 208-938-2441
DATE 3/8/06
Project No.: 1534
Rushmore Subdivision and West Pine Street
5.328 acres formerly the west V2. of Lot 2, West Lawn Subdiv.ision
also including 0.165 acres of West Pine Street
located in a portion of the NE 114 of the sw 1/4 of Section 12
T* 3 N., R 1 W., D.M., City of Meridian, Ada County, Idaho
A parcel oEland being a portion of West Pine Street and the west 1h of Lot 2, "Vest Lawn Subdivision.
Bk. 2,. Pg. 94. plat records of said Ada County. located in a portion of the NE % of the SIN % of Section 14 T. 3
N., R 1 W., a.M., City of Meridian, Ada County. Idaho, being more particularly described as fullows:
Commencing \!It the center lj~ comer of said Se<:tion 12" a found brass cap monument,. CI'.F.
lmtrument No. 9363144, comer records of said Ada County; Thence a bearing of N 89" 30' 16" W,a distance
of 654.39 feet on the north houndat)' of theSW 'h of said Section 12 to a point being the TRUE POINt OF
BEGINNING;
1bence a bearing of N 890 30' 16" W, a distance of 240.22 feet on. said north boundary to a point;
Thehce a bearing of 5 (X1' 29' 44" W, a distance of 30.00 feet to a set 5/8 inch rebar on the south right..of-way
boundary of West Pine Street, said rebar marking the northwest comer of said west % of Lcit2,W est LaWIi.
SubdiVisioni Thence a bearing of 5 00" 32' 18" W, a distance of 964.33 feet on the west boundary of said west
1h of lot 2, West Lawn Subdivision to ,8 set 5/8 inch mbar marking the southwest comer of said wesP,hof
Lot 2; Thence on the south boundary a bearing of S 88~ 31' 52" E, a distance of 240.14 :feet to the soutl1east
comer of said west ih olLot 2. West Lawn Subdivision. a.found 5/8 inch rebar; Thence a bearing of N 0)0 32'
42" E,..a distance of968.41 feet on 1he east hOundaly of said west 1h .0fLot2.. West Lawn Subdivision to a set
5/8 inch rebar on said south right~f~way boundary, said rebar marking the northeast comer of said west%
of Lot 2, West Lawn Subdivision; Thence a bearing of N 00" 29' 44" E, a distance of 30.00 feet to the POINT
OFBEGINNING.
Said described parcel of land contains S.4SB acres more-or-less,together with and :subj~tto rights-of-
way and easet1lef1ts of record andlor use.
Prepared by Rennison Fodrea, Inc.
R-\PlOjoct$.\ 1534\legAl5.4%.doc
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BY
MAR 1 S 2006
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MERIDIAN PUBLIC
WORKS DEPT.
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PO Box 188
105 N Main Stroot
Cascade, Idaho 8:)611
Office: 2()8...382~
Fax: 2(&.382-3410
Rennison Fodr~'"
Engineers · SUT'lJeYUf5- Planners
Eaf!lP. Office
128 5 J33g1eRoOO
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Of~ '~2440
Fax;208-938~2441
DATE 3/8/06
Project No.: 1534
Rushmore Subdivision and West Pine Street
Block 1, Zoned L-O
3.155 acres formerly the west 1/2 of Lot 2, West Lawn Subdivision
also including 0.165 acres of West Pine Street
locatedina portion of the NE 1/4 of the SWV. of Section 12
T. 3 N.;R. 1 W~, B.M., City of Meridian, Ada County, Idaho
A parcel of~d being a portion ofW-est Pine Street and the west 1h of Lot 2, West Lawn Subdivisiort,.
Bk. ~ Pg. ~ plat records of said Ada CQ1mty, located. in a portion of the NE 1/4 of1he SW 1h of Section 12, T. 3
N., R 1 W., B.M., City of Meridian, Ada County, Idaho, 'being more particularly described as Jollpws:
Commencing attbe t:enterth comero! said Sec,tion 12, a found brass cap monument, CP.F.'
InstrUment No. 9363144, CQrner records of said. Ada CoWlty; Thence a bearing of N gg> 3(Y 16~' 'W, a distance
of 654.39 feetort theMtlh boundary oftheSW % of said Section 12 to a poinfbeing the TRUE POINT OF
BEGINNING;
Thence a bearing of N ~ 3f116" W,a distance of 240.22 feet on said northboundmy'to. aJXlinl;
Thence a bearing of S 000 29' 44" W, a distance of 30;00 feet to a set 5/8 inch t:ebM on the south right..of..way
bounda'ry of West Pine Street said rebarmatking the northwest comer of said west 1h of Lot 2". West Lawn,
Subdivisjon; Thence a bearing of SOO" 32' 18" W, a distance of 561.33 feet on the west boundary of said west
1hof Lot 2, West Lawn Subdivision to a set 5/8 inch rebar; ThenceabearmgofS84'" 21' 00" E,adistanceof
241+11 feet to a set 5/8 indl tebaron the eastboll11dary of said west % of Lot 2, West Lawn Subdivision;
Thence a bearing of NOJ> 32' 42" E..,a distance of 582..99 feet on said east boundary Cifthe we9tlh of Lot 2,.
West Lawn Subdivision to a set 5/8 inch rebar on said south right-of-way boundary s~ rebar marking the
northeast co.rner of tile west'h afLot 2,. West Lawn SUbdivision; Thence a bearing of N 00'" 29'44'" a, a
distance o'f 30.00 feet to the POINf OF BEGINNING.
Said. descnbed parcel of land contains 3.320 acres more-or~1ess, together with and subject tq righ1s"'Of-
way and eao;ementsof record andlor use. '
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Fax: 208-938-2441
DATE 3/8/06
Project No.: 1534
Rushmore Subdivision
Block 2, Zoned R..1S
2.173aaes formerly the west 1J2 of Lot 2, West Lawn Subdivision
located in a portion of the NE l/t of the SW 1;4 of Section 12
T.3 N., R.1 W., B.M., City of Meridian, Ada County, Idaho
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A parcel of land being a portion of the west Ih of Lot 2. West Lawn Subdivision,. Bk 2. Pg. 94, plat
~rdsofsaidAdaCounty.located inaportion,oftheNEIAoftheSW1AofSection.12, T.3N.,R 1 W" B.1i;r
City of Meridian, Ada County, Idaho, being more particularly described as loDow$
Commencing aUhe center 1A ,comer of said Section 12, a fo\Dld brass cap monument. CP.F.
lnstrument 9363144" comer records of said Ada County; Thence a bearing ofN 89" 30' 16" W;r a distance of
654.39leet on the north boundary of the SW V4 of said Section 12 to apomtThence abearing ofS 000 29' 44"
W. a, (iis~ of30.oo feet to a set 5/8 inch rebar on the south right-of-way boundary of West Pine Street said
~mar\;ing the ilortheasfcomer of ihe west'h of Lot :4 West Lawn SubdiviSion; ~ abeatmg sat
32'42''' W, ,a distance of58:2.99 feet on the east boundary of said west Ifz of Lot2, West LiwnSubdiViSion to a
set 5/8inch rebai' being the TRUE POINT OF BEGINNING.
Thence leaving said east boundary of the west 1h Lot 2, West Lawn Subdivision a bearing of N84"
21' OO'i W, a distance of 241.11 feet to a set 5/8 inch rebar on the west boundary of said west1f2of Lot 2. West
LawnSubdivision; Thence a bearing of S ClI:f 32' 18" W, a distance of 4OO~OOfeeton Said west boundary to. a
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set:5j8 inch rebarIl"l3.rking the southwest comer of sa.id west 1h of Lot 2, W~tU:Wn Subdivision; Thencea
bearmg of 5880 31' 52"E.. a distanc.e of 240.14 feet on the south botmdary ohaidwest 1h of Lot 2 to a set
found 5/8inch..~ marking the southeast comer of said west 1h of Lot 2,.. West Lawn Subdivision; Thence
al~aring of N COO 32' 4T E, a distance of 985.42 feet an said east boundary of the west '1h of Lot 2" West Lawn
Subdivision to the POINT OF BEGINNlNG.
Said described parcel of land contains 2.173 acres more-oIl-es, togelher with and subject to right$~of-
way and easements of recordandj or use.
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RECEIVED
JUL 1 8 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
city Of Meridian
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In the Matter of Rezone of 5.49 acres to R-15 (Medium High-Density Residential)(2.17
acres) and L-O (Limited Office)(3.32 acres), AND Preliminary Plat of 7 building lots (six 4-
plex lots and 1 church lot) and 2 common lots on 5.33 acres, AND Conditional Use Permit
to construct six multi-family (4-plex) dwelling units, by SLC Investments, LLC.
Case No(s): RZ-06-004, PP-06-021 and CUP-06-014
For the City Council Hearing Date of: July 5, 2006 (Findings approved on July 25,2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 5,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 5,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 5,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 5,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), RZ-06-004 / PP-06-021/ CUP-06-014 - PAGE 1 of5
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Warks Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan,
and the Conditions of Approval all in the attached Staff Report for the hearing date of
July 5, 2006 incorporated by reference. The conditions are concluded to be reasonable
and the applicant shall rneet 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 ~ 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated January 24, 2006 is hereby conditionally approved;
2. The applicant's Landscape Plan as evidenced by having submitted the Landscape Plan
dated February 14, 2006 is hereby conditionally approved; and,
3. The following modifications to site specific conditions were made at the City Council
hearing:
a. The Development A!!reement for this propertv shall only apply to the R-15 portion of
the prooertv.
b. The aoolicant shall install nOD-flammable fendn!! alon!! the sonthern boundary of the
site. adiacent to the rail road tracks.
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 5,2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Pennit 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. Far conditions use permits that also require platting, the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-004 / PP-06-02l/ CUP-06-014 - PAGE 2 of 5
final plat must be recorded within this eighteen (18) month period. Por projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval ofthe future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the
tirne 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 of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for prelirninary plat approval. Upon written request
and filed by the applicant prior to the termination ofthe period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Pinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06.004/ PP-06-0211 CUP-06-014 - PAGE 3 of5
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 5,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-004 / PP-06-021/ CUP-06-014 - PAGE 4 of5
By action of the City Council at its regular meeting held on the
~ ,2006.
Q
'2 ~1!=. day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED$~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
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ATTEST:
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Copy served upon:
BY:~~
City Clerk's Office
Dated: '.21-01
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ.06-004/ PP-06-021/ CUP-06-014 - PAGE 5 of5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
STAFF REPORT
TO:
FROM:
Hearing Date: July 5, 2006
Mayor & City Council
e. Caleb Hood, Current Planning Manager
Meridian Planning Department
208-884-5533
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SUBJECT:
Rushmore Subdivision
RZ-06-004 - Rezone of 5.49 acres to R-15 (Medium High-Density
Residential)(2.17 acres) and L-O (Limited Office)(3.32 acres)
PP-06-021- Preliminary Plat of7 building lots (six 4-plex lots and I church lot)
and 2 common lots on 5.33 acres
CUP-06-014 - Conditional Use Permit to construct six multi-family (4-plex)
dwelling units
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, SLC Investments, LLC, has applied for Rezoning (RZ) of 5.49 acres from R-4 (Medium
Low-Density Residential) to R-15 (Medium High-Density Residential)(2.17 acres) and L-O (Limited
Office)(3.32 acres); Preliminary Plat (PP) approval of 6 multi-family building lots, I church/office lot and
2 common lots; and, Conditional Use Permit (CUP) approval to construct six multi~family dwelling units
(4-plexes). Currently, there is a church (Meridian Friends Church) on the north part of this site; the south
part of the site is vacant. The site is part of the West Lawn Subdivision, which was recorded in 1906. The
subject property is within the Urban Service Planning Area and the corporate boundaries of the City of
Meridian.
2. SUMMARY RECOMMENDATION
The subject applications were submitted to the Planning Department for concurrent review. Generally, the
Planning & Zoning Commission is the final decision making body on a Conditional Use Permit request.
However, because the City Council is the final decision making body on the Rezone and Preliminary Plat
applications, all three 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. Below, staff
has provided a detailed analysis and recommended conditions of approval for the requested Annexation
and Zoning and Preliminary Plat applications. Staffis recommending approval of the proposed Rushmore
Subdivision (RZ-06-004. PP-06-021 and CUP-06-014) with the conditions listed in Exhibit B of the Staff
Report. The Meridian Planning and Zoning Commission heard the item on Mav 18. 2006. At the public
hearinlZ they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Michael Vance, Ken Redford
ii. In opposition: None
111. Commenting: None
lV. Staff presenting application: Caleb Hood
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Appropriate width and construction timeline for the street buffer along Pine
Avenue;
11. Fencing; and,
111. Neighborhood interconnectivity.
c. Key Commission Changes to Staff Recommendation:
Rushmore Subdivision RZ-06-004/PP-06-021/CUP-06-0 14
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
1. Recommended allowing landscape buffer along Pine Avenue to be constructed
when the Church expands;
ii. Required fencing along the south property line, adjacent to the railroad tracks.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-06-004,
PP-06-021 and CUP-06-014 as presented in staff report for the hearing date of July 5, 2006 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06-004,
PP-06-021 and CUP-06-014 as presented during the public hearing of July 5, 2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state specific
reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers RZ-06-004, PP-06-021 and CUP-06-014 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance. )
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 1021 W. Pine Avenue; South side of Pine Avenue, east of Linder
Road, in Section 12, Township 3 North, Range 1 West.
b. Owners:
Meridian Friends Church
1021 W. Pine Street
Meridian, ill 83642
&
Burr International, Inc.
P.O. Box 6486
Boise, ill 83707
c. Applicant:
SLC investments, LLC
3210 E. ChindenBoulevard, Ste 115-327
Eagle, ill 83616
d. Representative: Michael Vance
e. Present Zoning: R-4 (Medium Low-Density Residential)
f. Present Comprehensive Plan Designation: Public/Quasi-Public
g. Description of Applicant's Request: The applicant has applied for Rezoning (RZ) of 5.49
acres from R-4 (Medium Low-Density Residential) to R-15 (Medium High-Density
Residential)(2.17 acres) and L-O (Limited Office)(3.32 acres); Preliminary Plat (PP) approval
Rushmore Subdivision RZ-06-004/PP-06-021 /CUP -06-014
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
of 6 multi-family building lots, 1 church/office lot and 2 common lots; and, Conditional Use
Permit (CUP) approval to construct six multi-family dwelling units (4-plexes). The average
multi-family lot size in the proposed development is 5,880 square feet. All ofthe proposed 4.
plexes contain two two-bedroom units and two three-bedroom units. The total square footage
of each building is 4,160 square feet. The gross density of this development is 4.5 dwelling
units per acre, while the density of the area proposed for R-15 zoning is 11.06 dwelling units
per acre (excludes church site). Approximately 7.3% of the site is being set aside for open
space (17% of the multi-family area). The applicant is proposing to construct a management
office, a bike storage area, a maintenance building, a community directory map, and a
children's play area within the common area, Lot 1, Block 2.
1. Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
1/24/06
2/14/06
S. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance.
By reason of the provisions ofthe Unified Development Code Title 11 Chapter 5, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a
public hearing is required before the City Council on this matter.
c. 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.
d. Newspaper notifications published on: May 1 st and May 15th, 2006 (for Planning &
Zoning Commission hearing) and June 12th and 26th, 2006 (for City Council hearing)
e. Radius notices mailed to properties within 300 feet on: April 21 st, 2006 (for Planning &
Zoning Commission hearing) and June 9th, 2006 (for City Council hearing)
f. Applicant posted notice on site by: May 8th, 2006 (for Planning & Zoning Commission
hearing) and June 25th, 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There are existing church buildings and a parking lot on the north part
of this site. The south part of this site is currently vacant.
b. Description of Character of Surrounding Area: Across Pine Avenue and to the east are
primarily single-family homes. To the south are the railroad tracks and to the west is the
proposed Rock Creek development that includes multi-family dwellings and two office lots.
This area can be classified as urban mixed use.
c. Adjacent Land Use and Zoning
1. North: Single-family homes, zoned R-4, Canna Lilly Estates Subdivision
2. West: Future multi-family dwellings and offices, zoned R-15 and L-O, Rock Creek
Subdivision
3. South: Railroad tracks and industrial uses, zoned I-L
4. East:
Single-family homes, zoned R-8, Tremont Place Subdivision
d. History of Previous Actions: None.
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e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Sewer stub in West Broadway Avenue and the north side of
Nine Mile Creek on each side of the property.
Location of water: Water stub in West Broadway Avenue and there is a main
in W. Pine Street.
Issues or concerns: Flood plain associated with Ninemi1e Creek.
2. Floodplain: Portions of this property are within the Ninemile Creek floodplain.
3. CanalslDitches Irrigation: The Rutledge Lateral runs along the southern boundary
of this property. The Ninemile Creek bisects this property; this waterway should be
protected. All other open ditches or laterals, including the Rutledge, that cross the
subj ect site should be tiled in accordance with the UDC.
4. Hazards: Staff is recommending that the Ninemi1e Creek be fenced with open-vision
fencing to protect the safety of the residents in this area. Staff is not aware of any other
hazards associated with this property.
5. Proposed and Existing Zoning: This property is currently zoned R-4. The
applicant is proposing to zone 2.2 acres to R-15 (Medium High-Density Residential)
and 3.3 acres to L-O (Limited Office).
6. Size of Property: 5.49 acres
f. Subdivision Plat Information:
1. Residential Lots:
2. Non-residential Lots:
6 multi-family (4-plex)
1 (church! office)
3. Total Building Lots:
4. Common Lots:
5. Other Lots: 0
6. Total Lots: 9
7. Gross Density: 11 dwelling units per acre (net 18.8 d.u.lacre)(B10ck 2)
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). The existing church parking lot encroaches
into the required street buffer for Pine Avenue. Please see Section 10 of the Staff
Report below for further analysis.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: The applicant states that 17.5% (0.38 acres) of
the site is being set aside for open space (0.14 acres of common open space). Please
see Section 10 of the Staff Report for more details.
7
2
h. Amenities: For multi-family developments between 20 and 75 units, three amenities shall be
provided, with 1 from each category (Quality of Life, Open Space, and Recreation)(UDC 11-
4-3.27D-2d). The applicant is providing amenities as follows: enclosed bike storage (Quality
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
of Life), property management office, maintenance storage area, development map/directory,
(Recreation), tot-lot (Recreation), walking path/sidewalks (Recreation), and open space (Open
Space).
1. Off-Street Parking: UDC 11-3C-6A requires multi -family dwellings with 2 or more
bedrooms to have a two-car covered carport or garage for each unit. The submitted
preliminary plat proposes covered parking spaces for most ofthe multi-family (4-plex)
dwellings. Because all of the units in this development contain two or more bedrooms, all of
the parking stalls in this development should be covered. Also, staff has concern about the
remoteness of some of the parking stalls, in relation to the units. Please see Section 10 of the
Staff Report below for more analysis.
J. Conditional Use Information:
1. Non-residential square footage: 200 square feet bike & maintenance storage
2. Proposed building height: 22 feet; R-15 zone allows 40 feet
3. Percentage of site devoted to building coverage: approximately 25%
4. Percentage of site devoted to landscaping: approximately 20%
5. Percentage of site devoted to paving: approximately 55%
6. Percentage of site devoted to other uses: 0%
7. Number of Residential units: 24
k. Summary of Proposed Streets and/or Access (private, public, COInmon drive, etc.): There are
two public streets stubbed to the subject property from the east. West Broadway Avenue is
stubbed to the southern portion ofthis site and Idaho Avenue is stubbed to the northern portion
of this site. The applicant is proposing to extend Broadway Avenue into the site from the east
with a cul~de-sac. A loop private driveway system is proposed around the Broadway Avenue
cul-de-sac. The applicant is not proposing to extend the Idaho Avenue stub into the site.
NOTE: ACHD is not requiring that Idaho Avenue be extended into the site at this time. When
and if the church lot, Lot 1, Block 1, comes in for a Certificate of Zoning Compliance for any
additions or re-constructions in the future, staff intends to require a permanent public
turnaround for Idaho Street. There are two existing driveways to Pine Avenue that serve the
existing church. ACHD has not evaluated these driveways for compliance with policy. Please
see Exhibit B for ACHD' s comments and conditions regarding this development.
7. AGENCY COMMENTS MEETING
On April 28, 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. Staffhas included all comments and
recommended actions as Conditions of Approval in Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated 'Public/Quasi-Public' on the Meridian Comprehensive Plan Future
Land Use Map. Public/Quasi Public is defined as "Areas are designated to preserve and protect
existing private, municipal, state, and federal lands for area residents and visitors. This category
includes churches and public lands (excluding parks and schools) within the Area of Impact.
Upon redevelopment of such properties, a change in designation and use may be appropriate. The
redevelopment of these areas should be guided by the intensity of the existing use, the underlying
zoning of the property, the surrounding land uses, the location of the property, and transportation
issues associated with the proposed development of the property. The appropriate land use
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
designation and accompanying zoning for these areas will be determined by City Council on a
case by case basis." (Chapter VII, Section 1, Pg. 99, Meridian Comprehensive Plan). Within this
report, staff has evaluated the subject proposal using the existing use, the underlying zoning, the
surrounding land uses, the location of the property, and transportation.
The lands immediately to the west have previously been approved for multi-family uses. The
property to the north and east are residential. Staff believes that the existing church, zoned R-4,
and the proposed multi-family development can be compatible uses. This property is located
between Pine Avenue, a collector roadway, and the railroad, a potential future transportation
corridor. Staff believes that the location of this proposed medium-high density development is
supported by the Comprehensive Plan. While the Comprehensive Plan Future Land Use map does
not explicitly support the proposed zone change, staff finds that there are several Comprehensive
Plan policies that do support the proposed zone change.
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 VII, Goal III, 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 in the
following manner:
. The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department. This service will not change.
. The subject lands currently lie within the jurisdiction of the Meridian Police
Department (MPD). This service will not change.
· The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
. The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject rezone.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
· Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
Pine Avenue is classified as a collector roadway in this area. The existing access points to
Pine Avenue should comply with ACHD 's standards.
. Chapter VII, Goal IV, Obj ective C, Action 1: Protect existing residential properties from
incompatible land use development 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 single-family dwellings. East of the site is a
single-family subdivision. West of the site is a mixed-use development with multi-family
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
dwellings. Staff believes that the proposed development should be compatible with the
existing land uses.
· Chapter V, Goall, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight
Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout
commercial, industrial and residential areas.
The Rutledge Lateral and the Ninemile Creek course through or are adjacent to this site.
Staff believes that the Ninemile Creek should be protected and enhanced by being left open
and by the applicant constmcting a pathway adjacent to the Ninemi/e Creek (see Exhibit B).
· Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc.).
The avplicant is not vrovosinfl any landscavinf! ad;acent to Pine Avenue. By ordinance, a 20-
foot wide landscape buffer is required adjacent to Pine Avenue.
· 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 reconstmction 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 project to the west, Rock Creek, has not provided opportunities for the subject site to
provide vehicular connectivity (no stub streets or driveways). However, two stub streets were
provided to this site from the east. The applicant is proposing to extend one of the two stub
streets into this site. This proposal will provide interconnectivity with the subdivisions to the
east.
· Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The adjacent project to the west, Rock Creek, has provided a pedestrian connection to this
site along the north side of the Ninemile Creek. The applicant is proposing to extend this
pathway to and through the development. Because the property to the east has already been
developed, the City should look into extending the pathway further to the east. This proposal
should enhance the community pathway system.
· Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new
development to link subdivisions together and promote neighborhood connectivity.
See analysis above.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
· Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
Prior to construction of any buildings, fencing should be constructed around the perimeter of
this site.
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 ll-2A-2lists multi-family
development uses as conditional uses in the R-15 zoning district; churches are principally
permitted in the L-O zoning district.
b. Purpose Statement of Zones:
MEDIUM-HIGH 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. Residential land uses are also allowed within the O-T, TN-C, and TN-R
districts as set forth in Chapter 3 Article D.
LIMITED OFFICE DISTRICT (L-O): The purpose of the Commercial Districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
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 (UDC ll-4-3.27B):
A minimum of 80 square feet of private, usable open space shall be provided for each unit. This
requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping,
entryway and other access ways shall not count toward this requirement.
For the purposes of this Section, vehicular circulation areas, parking areas, and private useable
open space shall not be considered common open space.
The parking shall meet the requirements set forth in Chapter 3 of this Title.
Developments with 20 units or more shall provide the following: a property management office, a
maintenance storage area, a central mailbox location, a directory and map of the development at
an entrance or convenient location for those entering the development.
Common ODen SDace design requirements (UDC ll-4-3.27C):
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet
for each unit containing 500 or less square feet ofliving area; b) 250 square feet for each unit
containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square
feet for each unit containing more than 1,200 square feet of living area.
Common open space areas shall not be adjacent to collector or arterial streets unless separated
from the street by a constructed barrier at least 4 feet in height.
Site 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 are such as a statue); b) Open Space (open
grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and
plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts).
The number of amenities shall depend on the size of the multifamily development as follows: For
multifamily developments between 20 and 75 units, 3 amenities shall be provided, with at least I
from each category.
Architectural Character (UDC 11-4-3.27.E):
All building elevations shall have a minimum portion of the elevation devoted to architectural
features designed to provide articulation and variety. These features shall include, but are not
limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances;
and changes in material types. Changes in material types shall have a minimum dimension of two
feet and minimum area of 25 square feet.
Main entrances, which are the primary point(s) of entry where the majority of building users will
enter and leave, shan be designed as an obvious entrance and focal point of the building through
architectural treatment, lighting, and address identification.
Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature
in such a way that weather protection is provided.
Roof forms 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 shan convey an impression of permanence 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, communications, 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! (UDC 11-4-3.27.F):
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this
Title.
All street~facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards: The landscaped area shall be at least
three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum
mature height of twenty-four inches shall be planted; and grouudcover plants shall be planted in the
remainder of the landscaped area.
UDC 11-4-3.27.G:
All multifamily developments shall record legally binding documents that state the maintenance
and ownership responsibilities for the management of the development, including but not limited
to structures, parking, common areas, and other development features.
Outdoor stora!!:elrefuse areas (UDC 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 of these 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. However, there are some modifications to the
site plan, the preliminary plat, and the landscape plan that staff would like to see made. In each
section below, staff has listed the items that staff would like to see amended.
1. 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 and L-O zoning. Please see Exhibit D for detailed analysis of the
required facts and fmdings for a Zoning Amendment.
The annexation legal description submitted with the application (stamped on 3/8/2006
by Robert W. Fodrea, PLS) shows the property within the existing corporate boundary
of the City of Meridian.
UDC 11-5B-3D2 and Idaho Code 9 65~6711A provides the City the authority to
require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all future uses. Staff believes that a DA
is necessary to ensure that this property is developed in a fashion as to not negatively
impact nearby properties.
Prior to the rezone ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner(s) (at the time of rezone
ordinance adoption), and the developer. The applicant shall contact the City Attorney.
Bill Nary. at 888-4433 to initiate this process. Staff recommends that the Commission
and Council direct the City's Legal Department to draft a development agreement
for the R~15 portion of Rushmore Subdivision only as follows:
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
1. That all future development shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
2. That all future development of the subject property shall be consistent with
the applicant's approved preliminary plat unless otherwise modified by other
provisions of the DA, or in the future by the City Council.
3. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
4. That the future uses and lots on this site shall 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-domestic purposes such as landscape irrigation.
7. That prior to issuance of any building permit, the subj ect property be
subdivided (a recorded final plat) in accordance with the City of Meridian
Unified Development Code.
8. That when any new construction occurs on Lot 1, Block 1 (church lot), a
landscape street buffer along Pine Avenue will be constructed in accordance
with the UDC (or a new CUP must be submitted and approved by the
City),
2. PP/CUP Applications:
Landscaping: The landscape plan prepared by South Landscape Architecture, on 2-14-
06, labeled Sheet Ll.O, is approved with the following modifications/notes:
. Provide landscaping in compliance with UDC 11-3B-12, adjacent to the
pedestrian pathway on the north side of the Ninemile Creek.
. Widen to at least 5 feet (measured inside curbs) and provide at least one tree
within the landscape planter in the parking stalls between Lots 3 and 4, Block
2 (UDC 11-3B-8C2)
. All areas approved as open space shall be free of wet ponds or other such
nuisances. All stormwater detention facilities incorporated into the approved
open space are subject to UDC 11-3B-l1 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-l1. If the
stormwater detention facility cannot be incorporated into the approved open
space and still meet the standards of UDC 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.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
Submit revised landscape plans with the final plat application.
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, Architectural Character,
Landscaping, and Maintenance. Below are some of the standards that the applicant
should be required to comply with.
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. It appears that there is
some type of a patio area on the rear of the proposed 4-plexes. However this does not
appear to be enough private area for each unit within each building. The applicant
should clarify. at the public hearing. how the private useable open space requirement
will be met for each unit.
Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to
have a two-car covered carport or garage for each unit. All 24 of the proposed units
contain 2 or more bedrooms. The submitted preliminary plat does depict that 44 ofthe
48 proposed parking spaces will be covered. The applicant should be required to
comply with the off-street parking requirements of the UDC.
NOTE: Staff has concerns with how far away the parking area on the northeast side of
the multi-family portion ofthis development is from the units. See Site Layout below.
Amenities: The applicant is required to provide amenities for the multifamily
development. For multi-family developments between 20 and 75 units, three
amenities shall be provided, with 1 from each category (Quality of Life, Open Space,
and Recreation)(UDC 11-4-3.27D-2d). The applicant is providing amenities as
follows: enclosed bike storage (Quality of Life), property management office,
maintenance storage area, development map/directory, (Recreation), tot~lot
(Recreation), walking path/sidewalks (Recreation), and open space (Open Space).
Staff believes that the proposed amenities satisfy the UDC requirements. Staffis
supportive of the proposed amenities.
Elevations: With the application submittal the applicant provided one building
elevation (front) for the proposed 4-plex structures. Since the original submittal the
applicant has provided all four building elevations to staff. UDC 11-4-3 requires
multifamily structures to comply with the design standards listed in this section. It
appears that the elevations provided comply with UDC ll-4-3.27E. NOTE: Staffwill
ensure that when CZC applications are submitted for construction of the 4-plex
buildings in the future, that the elevations also comply with the UDC requirements and
are consistent with those attached in Exhibit A.
Pedestrian Paths: With the approval of the Rock Creek development to the west, a 5-
foot wide pedestrian walkway was required on the north side of the Ninemile Creek.
The applicant is proposing to extend the pedestrian pathway in Rock Creek to this
site's eastern boundary. Said pathway should be constructed in accordance with UDC
11-3A-8 (construction) and UDC ll-3B (landscaping).
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
In 1996, COMPASS adopted the pathway recommendations laid out in the Ridge-to-
Rivers Pathway Plan (1996). The goals of the plan include developing a bikeway 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. There is also a multi-use
pathway shown adjacent to the Ninemile Drain in the 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 5-feet of landscaping. Consistent with previous Council action,
the Applicant should not be required to construct a multi-use pathway adjacent to the
southern boundary, but should be required to provide a minimum of 5-feet of
landscaping along the south property line. There is an existing 25-foot wide irrigation
easement within the rear setback. At a minimum, the Applicant should be required to
plant trees in accordance with MCC (1 tree per every 35-lineal feet) on the south side
of the buildings.
Ninemile Creek and Rutledl!e Lateral: The Ninemile Creek and the Rutledge Lateral
course through or are adjacent to this site. UDC ll-3A-6 requires natural waterways to
be left open as a natural amenity, and for irrigation ditches, laterals, canals and drains
that are not being used as an amenity to be piped or otherwise covered. The Ninemile
Creek is a natural waterway that should be protected and enhanced by leaving it open
and constructing a pathway adjacent to it. The Rutledge Lateral should be piped.
Multi-familv Setbacks: The UDC does not have a specific setback between internal
multi-family units. However, there may be a problem with not providing a fulll0-foot
front setback to the 4-plex units; utilities may need a wider easement. The front
setback shown on the proposed 4-plex units, approximately 12 to 14 feet, should be
sufficient. At least a 10-foot wide front setback should be provided between all 4-
plexes and the back of the adjacent sidewalk.
Pine Avenue Street Buffer: A 20-foot wide street buffer is required along Pine
Avenue, a collector street (UDC 11-2A-6). There is existing parking for the church
near Pine Avenue that encroaches into the required buffer area. Staff realizes that
the church lot is not developing at this time, but it is part of the subject subdivision
and subject to compliance with the UDC. Therefore, staff recommends that prior to
occupancy of the first 4-plex, the applicant agrees to submit and gain approval for
alternative landscaping compliance adjacent to Pine Avenue. Further, when any new
construction occurs on Lot 1, Block 1 (church lot) in the future, a landscape street
buffer along Pine Avenue will be constructed in accordance with the UDe. NOTE:
Staff has made this a provision of the Development Agreement and not a condition of
the plat or CUP.
Open Space: Open space is defmed 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 environment features, parks, playgrounds, trees, water areas, swimming pools,
tennis courts, community centers or other recreational facilities. The term shall not
include streets, parking areas, or structures of habitation (UDC l1-1A). UDC 11-4-
3.27C requires a minimum area of outdoor common open space shall be provided as
follows: a) 150 square feet for each unit containing 500 or less square feet of living
Rushmore Subdivision RZ-06-004/PP -06-021/CUP -06-0] 4
PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
area; b) 250 square feet for each unit containing more than 500 square feet and up to
1,200 square feet of living area; and c) 350 square feet for each unit containing more
than 1,200 square feet of living area. Common open space areas shall not be adjacent
to collector or arterial streets unless separated from the street by a constructed barrier
at least 4 feet in height.
The applicant states that 0.14 acres (6,098 square feet) of the site is being set aside for
common open space. Based on the square footage ofthe proposed 4-plexes, each unit
contains 4,160 square feet, 8,400 square feet of common open space should be
provided. Maintenance of all common areas shall be the responsibility of the
Rushmore Subdivision Home Owners' Association(s). The applicant should explain
where and how the common open space requirements mentioned above will be met.
Fencinl2:: The applicant has not proposed any fencing for this the development. Staff
recommends that the applicant testify at the public hearinl2: if perimeter fencinl2: will be
installed and what tvoe. A detailed fencing plan should be submitted upon application
of the final plat. If permanent fencing is not provided before issuance of a building
permit, temporary construction fencing to contain debris must be installed around the
perimeter. Perimeter, common open space, and micro-path fencing shall be designed
according to UDC 11-3A-7. Per UDC 11-3A-6B3 requires open vision fencing along
waterways where it is in the best interest of public safety. Staff recommends that the
Council require open-vision fencing on both sides ofthe Ninemile Creek.
Pressure Irril2:ation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. The applicant should be required to use
any existing surface or well water for the primary source. If a surface or well source is
not available, a single-point connection to the culinary water system shall be required.
If a single-point connection is used, the developer will be responsible for the payment
of assessments for the common areas prior to signature on the fmal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 and MCC 9-1-28.
Site Lavout: As mentioned above, the submitted plat does propose 48 parking stall on
this site. However, staff believes that there is one problem with the way the
development is currently laid out. Lot 5, Block 2, which is located in the southwest
corner of the development has no parking in front of the building. Staff is concerned
about the remoteness of the parking area in the northeast corner in relation to the units.
Staff recommends that the Commission and Council determine if there are too many
units on this site.
Staff Recommendation: Based on the facts provided in this report, staff recommends
approval of File Numbers RZ-06-004, PP-06-021 and CUP-06-014 with the conditions listed in
Exhibit B of the Staff Report. On Mav 18. 2006 the Meridian Planninl! & Zoninl2: Commission
voted to recommend approval of the subiect apolications to the City Council. with the
Development Al!feement orovisions listed in Section 10 and the Conditions listed in Exhibit B of
the Staff Report.
11. EXHIBITS
A. Drawings
Rushmore Subdivision RZ-06-004/PP -06-021/CUP -06-014
PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
1. Preliminary Plat (dated: 1-24M06)
2. Landscape Plan (dated: 2-14-06)
3. Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Nampa & Meridian Irrigation District
C. Legal Descriptions
D. Required Findings from Unified Development Code
Rushmore Subdivision RZ-06-004/PP .06-021 /CUP-06-0 14
PAGE 15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
A. Drawings
1. Preliminary Plat (dated: 1-24-06)
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B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-021)
1.1.1 The preliminary plat/site plan labeled Sheet No.1 0 f 1, prepared by Rennison Fodrea, Inc., dated
January 24, 2006, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Rezone (RZ-06-004) and Conditional Use Permit (CUP-06-0l4) shall also be
considered conditions of the Preliminary Plat (PP-06-02l).
1.1.2 The landscape plan prepared by South Landscape Architecture, on 2-14-06, labeled Sheet LI.O, is
approved with the following modifications/notes:
· Provide landscaping in compliance with UDC 11-3B-12, adjacent to the pedestrian
pathway on the north side of the Ninemile Creek.
· Widen to at least 5 feet (measured inside curbs) and provide at least one tree within the
landscape planter in the parking stalls between Lots 3 and 4, Block 2 (UDC 11-3B-8C2)
· 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 subj ect to
UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other
non.vegetated surface materials shall not be used in open space lots, except as permitted
under UDC ll-3B-1l. If the stormwater detention facility cannot be incorporated into the
approved open space and still meet the standards of UDC 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 revised landscape plans with the final plat application.
1.1.3 Provide a cross parking/cross access easement for all of the lots in Block 2 to use common Lot 1
as access to Broadway Avenue. A copy of a recorded cross.access/ingress-egress and parking
maintenance agreement shall be provided to the City.
1.1.4 Maintenance of all common areas shall be the responsibility of the Rushmore Subdivision
Homeowners' Association.
1.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways (Ninemile Creek),
intersecting, crossing or lying adjacent and contiguous 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. Per UDC 11.3A-6B3, open vision
fencing is required along waterways where it is in the best interest of public safety. Staff
recommends that the Council require open~vision fencing on both sides of the Ninemile Creek.
1.1.6 Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue is
prohibited. A note shall be placed on the fmal plat restricting access to W. Pine Avenue.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
1.1.7 Underground year-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
connection to the culinary water system shall be required. If a single-point connection is used, the
developer will be responsible for the payment of assessments for the common areas prior to
signature on the fInal plat by the City Engineer. An underground, pressurized 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.
1.1.8 Provide a minimum 5-foot wide landscape buffer along the southern boundary of the
development. Said landscape buffer may be included within the existing irrigation easement for
the Rutledge Lateral if a license agreement for landscaping is obtained from the Nampa Meridian
Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID,
provide a minimum 5.foot wide landscape buffer outside of the NMID easement.
1.1.9 All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K.
1.1.10 No building or other structure shall be erected, moved, added to or structurally altered, nor shall
any building structure or land be established or change in use on this site without fIrst obtaining a
CertifIcate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
1.1.11 Prior to obtaining certifIcate(s) of occupancy, all development improvements, including perimeter
fencing, irrigation, and landscaping shall be installed. Prior to signature of the fInal plate s) by the
City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc.
1.1.12 The construction of the required landscape street buffer adj acent to Pine Avenue can be delayed
and made a part of the Church's expansion proj ect.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-021)
1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the fInal plat application(s).
1.2.2 The applicant shall submit a detailed fencing plan with the fInal plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code. Non-flammable fendn!! shall be constructed
alon!! the south side ofthe project. adjacent to the railroad property.
1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.4 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.6 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.8 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-06-014)
1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments,
including Site Design, Common Open Space, Site Amenities, Architectural Character,
Landscaping, and Maintenance.
1.3.2 The front elevation, including colors and construction materials of all of the 4-plex buildings in
this development shall conform to Sheet OF, prepared by Ram-Tech Design, dated 2-21-06. All
elevations of the 4Mplex buildings shall conform to the elevations in Exhibit A of the Staff Report.
All roof and wall-mounted mechanical, electrical, communications, and service equipment shall
be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or
by other suitable means.
1.3.3 Provide at least 0.38 acres of open space, 0.19 acres of common open space, at least 80 square
feet of private useable open space for each unit (such as a patio or deck), bike storage, a
maintenance building, a management office, a tot-lot area, a conununity directory, and a
pedestrian pathway on the north side of the Ninemile Creek.
1.3.4 Provide at least 48 covered parking stalls for this development.
1.3.5 Provide front setbacks as shown on the proposed plat (at least 10 feet to the sidewalk); and side
setbacks (lO-feet between buildings).
1.3.6 Provide open-vision (chain link) fence along both sides of the Ninemile Creek.
1.3.7 All comments and conditions of the accompanying Rezone (RZ-06-004) application and
Preliminary Plat (PP-06M02l) application, shall also be considered conditions of the Conditional
Use Permit (CUP-06-014).
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in West
Broadway Avenue. The applicant shall install mains to and through this development; applicant
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
shall coordinate main size and routing with the Public Works Department, and execute standard
forms of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 The applicant shall be required, as depicted on the preliminary plat, to install mains between the
two manholes located adjacent to this site and just north of Nine mile Creek. This will allow for
the sewer lift station in Tremont Place to be decommissioned.
2.3 Water service to this site is being proposed via extension of mains in West Broadway Avenue.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.4 The applicant shall provide a 20.foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.5 A portion of this property lies within a FEMA recognized flood plain with a zone designation of
A. Prior to signature on the final plat by the City Engineer the applicant shall provide a Base
Flood Elevation report from a professional surveyor or other licensed professional qualified to
prepare said document.
2.6 Upon submittal ofthe final plat to the City Engineer for signature the applicant shall submit an
entirely separate, second plat for use by the Building Department that contains the floodplain
overlay.
2.7 All lots encumbered by the floodplain shall submit flood plain elevation certification prior to
occupancy.
2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to [mal plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC ll-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface 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 [mal plat by the City Engineer.
2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.11 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9.1 A and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.12 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 Works Department.
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
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.
2.13 The applicant has not indicated how the storm drainage from the proposed parking lots. 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.
2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennits.
2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements such as fencing,
microwpaths, and landscaping may be bonded for prior to obtaining certificates of occupancy.
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.18 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Pair Housing Act.
2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
2.21 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.22 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures
is 30-feet. All streetlights shall be installed at subdivider's expense. 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 pennit from the Public Works Department prior to commencing installations.
3. Fire Department
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
3.1 One and two family dwellings will require a fIfe-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 'l2" 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 corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
1. Fire sprinklers required for four-plexes.
3.4 All entrance and internal roads shall have a turning radius of28' 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 fIfe hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 The roadways shall be built to Ada County Highway Standards cross 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 separation of 5' from the building to the dumpster enclosure.
3.9 The first digit of the Apartment/Office Suite shall correspond 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 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.
3.13 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fIfe 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).
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.14 All R~2 occupancies with 3 or more units or with 3 floors shall be required to be flIe sprinklered.
3.15 Side yard fences shall not be allowed.
4. Police Department
4.1 Prior to release of building: permits. the applicant shall submit a parking: plan for all off-street
parking: in the multi-family development to the Planning: Department. All parking spaces shall be
assilmed to a specific dwelling: unit or for lnlest use. The parking: space identification shall use a
different numbering: system than the dwelling: units.
4.2 The proposed multi-family development shall limit landscaping shrubs and bushes to species that
do not exceed three feet in height.
4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.4 To increase emergency access to the site, the Police Department recommends that the applicant
provide a stub street to the property to the north or west.
5. Parks Department
5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
6. Sanitary Service Company
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. Ada County Highway District
Site Specific Conditions of Approval
7.1 a Locate the cul~de-sac of West Broadway Avenue abutting the eastern property line, as proposed,
with the 48-foot turn radii. Construct curb, gutter and a 5-foot attached concrete sidewalk along
the entire cul-de-sac.
7.1 b 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.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
7.3b All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.5b Comply with the District's Tree Planter Width Interim Policy.
7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.7b All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.8b The applicant shan submit revised plans for staff approval, prior to issuance of building permit
(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.l0b Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.11 b It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to can DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shan contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.13b Any change by the applicant in the planned use ofthe property which is the subject of this
application, shan require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2006
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 storm 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. Nampa & Meridian Irrigation District
9.1 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for
review, prior to final platting. Please contact Donna Moore at 466-7861 for further information.
9.2 All laterals and waste ways must be protected. The District's Nine Mile Drain courses through the
middle of this proposed project and the District's Rutledge Lateral courses along the south
boundary. These easements must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable.
9.3 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
9.4 The developer must comply with Idaho Code 31-3805.
9.5 It is recommended that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
Exhibit B - Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
e. Legal Descriptions
~4e Offlo::
ro Il<)JI 1M
ItS N Maf.u5lIcet
(wade. Itl<lll(l ll3611
OOu: 2lB-3&2-49O'l
Fa", 2(8.382~1tl0
Rennison Y'drea
Etlgult'aS · 511meps · PIflmli'!S
Ii',IJ!fe QI.-(!QJ
128 S 1:.1g4' Road
5lIjl....n
E--"tr,k. Itlafu)83f,16
Office: 2!~2.w,
Fil:(; 21)8.938-244'1
".'~--------..'.'-~..~_'--'_'w.,......-..-.....~,_"_. ,.,~~,""_._~,
DATE 3/8/06
Project No.: 15M
Rushmore Subdirision,and West Pine Street
5.328 acres fonnetlythe west Ih of Lot 2, West Lawn Subdivision
also indu4itJg 0.165 acres, of West Pine Street
located in a portion 01 the NE 1/. of the sw 1/. of Section 12
T. 3 N.~ .R. 1 W., 8.M., City of Meridian, Ada County,. Idaho
A paa1!l of land being a portion of West Pine ~atId the west I,; of l1:n 2. Wt'lll LaWn Subdivision,
5k. 2, Pg. 94.p];lt./'('\;(Irds of sald AdaCounly.localed fna.portiQn of the NE V.aflhe 9N ,/, o(SecnCln 12, T":I
N., R. 1 W./ II.M, City 01 Meridian, Ada COUnty, rdallo,.beV\g tl10le particlJlarly de;cnbed 1.1$ tallows;
~ at the centel' 'I.. ~ ob~ 5ectkm 12. a found brass cap monument, CP.F.
InsuunUll No, 9363144, cornrr rattd!l of said: Ada County; 'l'berlrc a bearing of N 8q' 30' 16" W, a dislarlb:
of 65U9 filet on the norlh boundary of thcSW 'A of said Sedion 12 to a point being ihe tRUE POINI' OJ:!
Bl3GINNINC; ,
Theru:ea bearing ofN 8'1' 'Yl16'" W~a d~of240.22.feet on saJdnorih boUlldOlry 10 a puin1;
'fheM! a bearing of S 00" 29' 44" W,,, distance 0'130.00 leet to a set 5/8indt rebar Of\ the S(luth\rlghl..of~wn.y
boundiny ofW~ PlncSt:eet. said ldlar irla:i'kIr1glhenorthwestcomerof saidwest'h of LoOt West Lawn
SubdiVision; 'lht:nCe a bearing oE S 00" 31'18'" W. a d.m;lnce 01%4,33 feet on the wes:tboundtu)"Dfsaid WlJSt
1h of Lot 2,. Wesi LawnSu.lldtvJsion to a ~ 5/8 Inch tWfua.r marklng the soulhwest C9:rner of said wt'St lbof
Lot2; 1lumcecn thesoulh bo'\1Odarya ~g()fS68. 31' 51" E, a dlstar1c."2af 240.14 fcet to Ih~OOlit'hca$t
comer of lIoid Wl!$t Vi of lot 2,. West IAwnSubdivision., It found SIS Inch rebat; Thence" bearing of N 000 32'
42" E,.ll distance oE968.41 feet DEl !be eaa boundary of said. west 'h ofl.ot2,;West t-m Subdivision to ilSQ!
5/8 irK:h niw on said soulh right-o{.way boundary; Said oobarmarldng the nOI1he4sfcorflcr pf said westYl
of Lot 2. West lawn Su1x!ivl:9lon; '\benct' 8 bearlng of N 00" 29" 44" .E, a disttma1 of 30.00 feet to the MINT
OF BEGINNING.
SaJd ~ parcel of land lXmtlilins SA93 acres moro-oMess, ~ wil:h ,1i1d 5ubjed to tighls-of.
way and easementS 0{ record and; Dr use.
lk\rlt,..n\ 191\Iq;iU.5.4'J3_do<
R~~AUIL_/
8V.J;;r- __ -_n~
pteplled by Rennison Fod:rea. Inc.
-.
MERIDiAN PUBLIC
WOR"" DEPT.
Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
~dj,>Ql&.'!
1'0 tll>:\ lllS '
1 ()5 N M.l/II >>I'd
C~ll<Hd(', lJ~h(l 8:1611
Office: 2QS..382-4'X)2
fa\.; 2tJI-382-~'J10
Rennison .,,, ,drea
FJIgiIl6,'I'!l · SUrlNYOTll · l)l1IJ1/"'''''!o
:f-li$D..!!kH
1?$SI:'dgld\o.1d
SlliWIl
Ea~tl~, rd.lllD!i3blG
Offi(~: 2(1l.~332.Mll
E1X,: 2oo.c938-2441
---".'~~-'-~._-~'_.~~.-.~.....~" ~----. ~.., ~~._""--_""'M~--------",""~------"",",",',,,,,,,,,,,~,~,,~,., ____._.,
DATE 3/8/06 l~rojeCt No.; 1534
Rushmore Subdivision and West Pine Street
Block 1" Zoned l..Q
3.155 aaesfonnerly the wesl1h of lot 2" West Lawn Subdivision
also including 0.165 acres of West Pine Street
located in a portion of the NE 11, of the SW iJ. of Section U
T. 3 N." R.. lW." 8.M., CJty of Meridian. Ada County, Idaho
Apal'l.X>l ot LInd being if portion 01 West Pine Sllcel and the west Jh of lol1. West lawll Subdivisioo,
Bk.l,. Pg. ,94-,.platfeCords or saM Ada County, located in a portion of the NE % of the SW V4 of SectIon 12. T. 3-
N.. R. 1 W" B.M, City ofMerkii.tn, Ada County, Idaho, being mort' particUlarly de1cribed as (ollows;
Comll~dng ilt the c:enlm' V. comer of said Section 11., a round brass rap monunwnt pP~F.
IN~t No. 9363144 comer r<<mds oC Yid Ada County; Thence II bearing of N 89" '!IJ' 16" W, a disl<mce
ol65!l39 ~ on the norlh boundaty of the 5W V~ of lIaid ~tlon 12 to a poJrttbeing Ihe Tlum POINT OF
BfCINNING;
lhence a bearing of N 89" '$16" W, a dislant.'e of 240.22. feet on S<lidnorth boundary to apolnt;
TheJ1m a beal'itlg of SOO" 29' 44" W, a ~ of 30,00 (..'l~t to a se15/8 inctl reb.u:on the south rlght"OC-way
boundary of WEist Pine SlnleI:sa:id. rebaI' tnMkmg the northwest comer of Mid Wellt 1h of tot 1. Wt?!it Lawn
SubdivisjOfl; T11enceabearing ofSOO" 32" 18" W;a distmceof56t33 eten the west boundsl)' of said west
V, of Lot 2, Wed lawn SubdiYisJon. to a selS/8inch rcbitr; lht'flO'! a Mringof S 840 21' OO"B. a distmce- of
241. t 1 feet to a set 5/8 mm teba:r on the east bOundary of said westlh oft.ot 2.. West Lewrt Subdivision;
'flwnce a be.lring of N 00"'S2' 4T It II. di50lancc of 58299 (ee! 011 llilid east botmdary of the wal: Yi ofI.ol2,.
West lAwn Subdivision 10 ascl5/8 mch rebar-on s,jid~uth righl.of-wayboWldarylllildrcbar madcing tI:w
nortl\e-a.<;t COmet. of !be welit'h oflm 2, West Lawn Subdlvi"iori; ~nWlCf! a bearing ofN 00" 29' 44" E. it
distaJ1(e of 30.00 leetlC the POINT OF BEGINNING.
Said described patcelot land. contaim :t320 acres more-oJ'-less, togetber wilh and.su~ to rlghl$-i)f.
wa.y and easetttenls ol1OCOrdMld/ or tJSe.
Prepared by Remli.<;oo Fodrelt, Ill('.
*\~\l'N\il'5!l......,doc
Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE Of JULY 5, 2006
r.:o.aw.(W 0010> .
P050xl88
lOCi N MaJn 5I:reel
(..!Ode,ld;lho 113611
0fIl0r. 200'~~2
Fill: 2(8.3!I2.MIO
Rennison r drea
Etlgu/drfI · Sunlf>yors · f'flllmm
f~l~je Of.lID.:
12RSEll~le Rood
SlItwB
l~l~I(., kI4holl'\lilf>
OJfl((~ 21.6.930-2441)
Pin:; lDlPB,"-:H'U
._-,,,~---,'<-, ,. ._-~.<'-~.-.~-~.,-~, .-------.-.-~~.~~--~
DATE 3/8/06
Proj~';;,:l No.; 153>1
Rushmore Subdivision
Block 2,. Zoned R-IS
2.1.73 acres formerly fhe west 1fi of Lot 2,. West Lawn Subdivision
located in a portion of the NE tA of the SW lA of Section U
T. 3 Ny R. 1 W.~ 8,M.~ City of Meridiall; Ada County.. Idaho
A pan::el 01 land ~ngjj portion (l(\he ",~l/I O(U.lt2,. Wl$t Lawn Subdivisfoll, lij.., 2,. Pg. 9.1. f'l.tt
t<<On:lsolSaidAdaColmly, locAted in it pottion oC IhcNE'/.of!heSW 'A 6f5ec1:1on 12. T.J N.. R 1 \V., a.M,
elly of Meridian, Ada County, IdaM. being more fIo'tocuW:1y described as follows:
Conunendng at the cenw 1M comer of said Section 1Z. a found brass apmonument. CEf.
lnstn.unel\t936S144. corner records ohaid Ada County; Thence II bearing ofN 89'" 30' 16" W, adj$tuo.::e of
654.39 leetim the north boundary of the SW V. of said Se.::tian 12 tQ a pl3int; 'Ibence a ileadng (If S 00" 'l9' 4#:'
W. It distaI1ce of3UOO feeth:>d set S/8lnch rebw' on the south r1,pt-a(.way bound<lty OfWestPine Streel!laid
Nbar marking lhenonhWst('orner of Ute west '1:1 of Lol2, West lawn SubdiviSion; Thonce it bearingS (l)"
32' 4T W,a ctistani::e of 582.99 feet onlhel"MlbomldaryiJfSlild west'h of Lot 2" West lawn SubdMslon 10 a
set 5/8 Ulch rebu beir\g the nUB POINT OF BEGINNING,
Tht'!M! leaving said east boundary of the west '/., lot 2, \Vest Lawn SotJdivision it bearing of N 84-"
21' 03'" W, a di5tanceof 241.1lfef'tto sse! Sj8lnch rebdr on the Wl'llfbowldaryotsaidwest 1h oflot2 West
lawnSubdivisJoq; lb!ru:ea beo.aringofSoct 32' lIl" W,lldislitnceofmOO{eetoo $.!lid westboundlllY to"
set 5/8 inch mw marking the southwest comer of Silil west'h allot Z. West lawn 5ubdiv1ston; T~ a
bearing ofSSS" 31' sr E. 11 distanre of 240.14 feel on the south boundary ofSllid west Y.a of Lot 2 to il set
found 5/8lnchrebcu' marking the southeast comer uf &;rid west"h of Lot 2. West Lawn SUbdivision; l1'IefICe
II beilringofN 00" 32' 4T B, a di$tance of 385.42 feet on said e.JStboundelyol1he v...t 1hof Lot 2. W.;st LaWn
SubdivisiM to the rolNT OFBEGlNNlNG.
Sa(d deKn'bed pan;.eI of Ia\~ wntains 2.173 acres romeot-_ ~ with and subieclto righ\!rQf.
way and easema1ts of record Pnd/or use.
Prr.pared by RenolsonFodrecI,lnc.
It<\~\l~\1.mllQV>.''''''
Exhibit C - Page 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
W 1/4 CORNl/'ol _ _ P't1IN'r' 01' ~tJ./NND(,~ I
SECMN 11 &: 12~ BAsrs OF sEAFilNG -
cp&. INSl NO "'1. < 'N89'JO'IS"W 2&52.89' - . 'h C 1/" CORNER
8908445]J H"'--175BZ6'V /A8'~6n~.'+---:' -;' ~.... ::: _ --SECTION 1Z
~ ---'__ '~"/7r: piN,.... . / / 61'14,39' 8 Cf'&f INS1. NO.
~-'-' - . _#Ji. '. 93631--44
(..; ::l
A:j g.......w ~ t~
!l< 3l)'(JO' NOO'29'oW"E ~;It:
~l WastPfne 8ueeJ J 30.00' f.,j ~
~I O.tIUCQEU I en I ~
~ I I ~ ~~ S 1/4 ,CORNER
,,1- /sreTION 12
~ ~ Ii - i:;f~T NO
I it. : aU8~lsUB. I""
".lIJSACluI!H I~~
~YWEBr JI% l.OT 2
WEB'l" LAWN SUBDlVlSION I
8001(2. PAOll..
I i
EXffiBIT PORkE: NING
RUSHMORE SUB. BLOCK I
AND A PORTION OF
WEST PINE STREET
I
I
I
I I
k'---..---.. ~'
lVlNI!MlZ;. c
,. $84 t'Oh:~ ~
241,11
I auil'8Mou SUB. i
I ItLOCK 2
! )1()JUnlIU.y'\V'UT In LCJII' 2 I
WPT LAWN SUBnlVlBI(lN
BOOK ~ P40Iil9.f.
. au HMORE IJUB./W. ST.
~
~i
!'J~
"'<
t!..
< .
o.I~
"":,t
5~
~
A !lE.SUBPlvrSION OF T8B WEST 112 OF LOT 2
WEST LAWN SUJJDIVlSlON StrVA'DD IN A PaR-'l'10N OF
TIU! NB Vi OF THE 8\V 1/4 OPhC. 12. T. 3 N~, R. I W,
B.M" ClTYoP MEJUDlAN', ADA ooVNtT,mAHO
~...~-
Rennison F'odrea, Inc.
eft.i::n~,"~ .. su:I"'V~yr.:~J'\( .. Pt~n.,,~t':J
Exhibit C - Page 4
~~~.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2006
r
BXH1BIT FOR RB~ NING
RUSHMORE SUBDIVISION
BLOCK 2
W '/4 COIlNfR
Sf[~~~NI~:~I&('~'~~" . - ~'---::~~{iwfls"~:,EARjNO'" I .1: '/~ CurtNER
MOSHS II . - --:-'-. T - - -- - ~-~- --L.. ~~ SEC1l0N j:O
~ 1158.781 W.PTNE ST. S(JO'2g'H"W.~~f 6{M.:Y{ '" CP&F mST N;;.
'^ - -- - - . 30.00 f C! 9~"J1 , .
_~ __ _ ,_...............~~_ W ..JU I 'I'-
o . ~t\f}
Q;I BLOCK 1 g; fIJ ~
ll;l llUliHl(OU Stnl. ~ I ;:t; ~
~ FOIlMIli\U WEST 111 LOT , ~ t.; I ~
~ WIl&"l' LAWN 8UBD1VJ8lON ~,I ~ b
.... BOOK 2. PAGII,. ~. l!t ~
'4 ~ ~ 5 !/~ C~ER
ll! 'G /SECilON!:l
~ "i CP&F INST. NO.
9Bll12.~6 .
!
Ii
I tI).~
BA<
I "'l.
. tli:i
_ _ .,~ Ill'~
aUSllMoJW sua. - _ ~
Bt.OCJt a ~
::1:.173 AatU !:
,0000000Y WSIiI'r,r.l LCYI' J. j-<I
~LAWNW8DIVIBmN N-
. lIOOJl~rAGaH .'>' -.
'-=p- - .
I
I
1
~~
N&.47t'OS.w- CJulaJc: ~
. 241.ll'
OINT OF BEGINN1NO/
I
I
pi
I Ii
..... _~~BLATElllAL
S88"J152'T 240. w
i~
li'Ol<W':, \' - 100'
C1J1lREl<1 lQHIlCl _ ~-.
_~__~_l'
EmiluT FOil aLOClC
A U.SUB,DIVlSION Of' T1G WJl'8'I' JI2 OF 1.01' 2-
Wl!STJAWN SUPOMSlON irruA'nD1N APOJi.'I1QN OF
THE NEll. Of TIll! SW II' OF SEe n. T. a 1\1.. k. 1 W.
...a. QTY OF ME~UN. ADA COUNTY, m.uto
Rennison Fodrea, Inc.
Bftalncen . Snrvcyt:'lJ:1i .. rl..~ftc;~
~~.!.._".
~=-'
~..;......
~~
Exhibit C - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5,2006
11'1/., ."fl>4liR I"PINP, -dr' J
SEC1lOf'/ II '" '1t: -IUsrso~ - ,
CPA</' "'Sf. NO -". ,"': -....:.......: '-,:" :.~ fl~\G.W26112.8g'. _ ',J..-.~C 1/4 G\lFl"f~
M0Il4~1 'i' ~ "..,.. ~;~'(1~.r:~"7 ~~;;:l~ ~~~~;,'t 110.
"'T~ " -. " ....:...~~. ..', ~ llM;'1<~
I SOlr.l;'..-1Y t +,~
. XtOO'
!; NOO'U'",,'E It.. jl
~l wo.., ftno "...... '" JO.O{j". ~ I a
5'" 0.18 ACRQ", ... ....
- ~
· ~ f~ S 1/4 W'lNm
. ,.- ............stCllOll 12
I/; I - !.'P.r.' lNST. NO.
d i e"~q
Ii I I' II
I ~~
: II
..
lI.""_Oll..rl51111.
lIUJCQ Ia; 2
.~ ACllIlII..
~"1ftln'- j~L01' =
WUT lAWN IIUlIDlVUlDN
-M.3,.,I"AOII,.
EXHIBIT Foa REzoNING
RUSHMORE SUBDIVlS10N
AND A POR.TiON OF
WEST PINE Bramrr
-,,-- .........~-"'....""~~.~'".
~""-_. .
JillIU:'--1211' .
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MERIDIAN puel.lC
WI)RKS DEPT.
Exhibit C - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon 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 fmds that the proposed zoning is in general conformance with the comprehensive
plan (please see Section 8 of the Staff Report for detailed analysis of specific
comprehensive plan action items that apply to this development).
B. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that there are several uses that are allowed and conditionally allowed
within the requested zoning districts ofR-15 and L-O. Specifically, multi-family uses are
conditionally allowed in the R-15 zone and churches are principally permitted in the L-O
zone. Council frods 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 information on the regulations that need to be complied
with.
e. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council frods that the proposed rezone, and subsequent development of this property
shall not be detrimental to the public health, safety and/or welfare. The Commission and
Council should rely on any oral or written testimony that may be provided when
detennining 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
including, but not limited to, school districts; and,
Council frods that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
E. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable to the rezone request.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in general conformance with the comprehensive
plan (please see Section 8 of the Staff Report for detailed analysis of specific
comprehensive plan action items that apply to this development).
Exhibit D - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds 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 expenditure of 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 (Le., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3
and 4 above under Annexation Findings above, and the Agency Comments and
Conditions in Exhibit B for more detail.)
E. The development will not be detrimental to the public health, safety or general
welfare; and
City Council is not aware of any health, safety or environmental problems associated
with the development of this subdivision. ACHD considers road safety issues in their
analysis. The Commission and Council reference any public testimony that may be
presented to determine whether or not the proposed subdivision may cause health, safety
or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
Council fmds that the Ninemile Creek 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 the Ninemile Creek is preserved and
protected. 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) of maj or importance of which staff is unaware.
3. CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council fmds that the site is large enough to accommodate all required parking,
landscaping, loading and other standard regulations required by the unc.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
Exhibit D - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF MARCH 16,2006
Council finds that the proposed uses are is in general conformance with the
comprehensive plan and the UDC (please see Sections 8, 9 and IO of the Staff Report for
detailed analysis of specific items that apply to this development).
C. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
Council finds that the general design, construction, operation and maintenance of the
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 change the
character 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 Commission and Council should reference any public testimony that
may be presented to determine whether or not the proposal will adversely affect the other
properties in the area.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
Council fmds that the proposed development should not adversely affect other property in
the vicinity if the applicant complies with all Preliminary Plat, Development Agreement
and CUP conditions and constructs all improvements and operates the use in accordance
with the UDC standards.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
Please refer to the comments and conditions prepared by the Meridian Fire Department,
Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit
B.
F. That the proposed use will not create excessive additional costs for public 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 finds that the applicant should be required to pay to extend the sanitary sewer
and water mains into the site. No additional capital facility costs are expected from the
City. The applicant and/or future property owners will be required to pay highway impact
fees. Council finds that the proposed uses should not create excessive additional costs for
facilities or services and should not be detrimental to the economic welfare of the
community.
G. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Council 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
Exhibit D - Page 3
-.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006
public testimony that may be presented to determine whether or not the proposal may
cause health, safety or environmental problems of which staff is unaware.
H. That the proposed use will 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, ifthe Ninemile Creek is protected.
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 of which staffis unaware.
Exhibit 0 - Page 4