Eastwood Subdivision AZ 06-045
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/20/07 03:20 PM
DEPUTY Bonnie Oberbillig
! RECORDED-REQUEST OF
Meridian City
AMOUNT .00
41
1111111111111111111111111111111111111
107056316
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Wirt & Francis Edmonds and Shain & Rhonda Urwin,
Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this 9-1f::- day of lf7';ri l- , 2007, by and between City of
Meridian, a municipal corporation of the State ofIdaho, hereafter called CITY, and Wirt &
Francis Edmonds and Shain & Rhonda Urwin, whose address is 2297 N. Chandra, Meridian,
Idaho 83642, hereinafter called OWNERS/DEVELOPERS.
1.
RECITALS:
1.1 WHEREAS, Owners/Developers 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, I.C. S 67-65llA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owners/Developers make a written commitment concerning the use
or development ofthe subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning ofland; and
1.4 WHEREAS, Owners/Developers have submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation ofR-4, Medium-Low Density Residential
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners/Developers made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 1 OF 11
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 27th day of February, 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 Owners/Developers to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNERS/DEVELOPERS 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 Owners/Developers 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 Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
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:
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 2 OF 11
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERS/DEVELOPERS: means and refers to Wirt & Francis
Edmonds and Shain & Rhonda Urwin, whose address is 2297 N.
Chandra, Meridian, Idaho 83642, the party that owns and is
developing said Property and shall include any subsequent owner( s)
of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be annexed and zoned R-4
(Medium-Low Density Residential), attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code S ll-2A-2 which are herein specified as follows:
Construction of 24 single family building lots and 3 common lots in
the proposed R.4 zone on 7.56 acres, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this AZ
06-045 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. 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.
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 3 OF 11
2. All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
3. The applicant will be responsible for all costs associated with the sewer and
water service extension.
4. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section
5-7 -517, when services are available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
5. The following shall be the only allowed uses on this property: Detached
single family homes and allowed accessory uses of the R-4 zone.
6. A maximum of24 units be constructed on this site.
7. All homes within the subdivision shall contain at least 1,200 square feet of
living area.
8. All homes on Lots 11, 12, and 13, Block 1, shall be restricted to a single story
and be subject to, at minimum, a 20-foot rear setback. Lot 10, Block 1, shall
also be restricted to a single story.
9. Prior to issuance of any building permit, the subject property shall be
subdivided in accordance with the City of Meridian Unified Development
Code.
10. The five-foot sidewalks and a 25-foot landscape buffer, constructed in
accordance with City Code, shall be installed along Locust Grove Road prior
to occupancy of any new dwelling units.
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 Owners/Developers or Owners' /Developers' 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 S 67-6509, or
any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION: Owners/Developers 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 Owners/Developers and ifthe OwnerslDevelopers fail
to cure such failure within six (6) months of such notice.
8. INSPECTION: Owners/Developers shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 4 OF 11
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9.
DEFAULT:
9.1 In the event Owners/Developers, or Owner/Developers' 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 Owners/Developers 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
Owners/Developers' cost, and submit proof of such recording to Owners/Developers, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners/Developers, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owners/Developers shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 5 OF 11
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owners/Developers or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount oftime of such delay.
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 S ll-5C, to insure that installation of the improvements, which the
Owners/Developers agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer and/or Owner has entered into an addendum agreement stating when the
improvements will be completed 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 Owners/Developers agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERS/DEVELOPERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Wirt & Francis Edmonds and
Shain & Rhonda Urwin
2297 N. Chandra
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 6 OF 11
Meridian, ID 83642
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owners/Developers 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 Owners/Developers, to execute appropriate and recordable evidence
of termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owners/Developers has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 7 OF 11
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owners/Developers 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 Owners/Developers and
City, other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval ofthe City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the Meridian
Zoning Ordinance in connection with the annexation and zoning of the Property and
execution ofthe Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS/DEVELOPERS
~~
Wirt E monds
S
~.l>>u~
Rho Urwin \....
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 8 OF 11
CITY OF MERIDIAN
ATTEST:
4--17-&7
STATE OF IDAHO, )
ss
County of Ada, ) r(j/ ~
On this ~ day of , 2007, before me, the
undersigned, a Notary Public in and for said Sta ,personally appeared WIR T EDMONDS,
known or identified to me to be the person who signed the above and acknowledged to me
that he 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 bove written.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 9 OF 11
STATE OF IDAHO, )
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ss
County of Ada, ) 11" M
On this q day of , 2007, before me, the
undersigned, a Notary Public in and for sai State, personally appeared FRANCIS
EDMONDS, known or identified to me to be the person who signed the above and
acknowledged to me that she 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.
(SEAL)
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STATE OF IDAHO, )
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County of Ada, ) 4ft
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On this -, day of , 2007, before me, the
undersigned, a Notary Public in and for said Sta ,personally appeared SHAIN URWIN,
known or identified to me to be the person who signed the above and acknowledged to me
that he 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.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 10 OF 11
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STATE OF IDAHO, )
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County of Ada,
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On this q day of , 2007, before me, the
undersigned, aN otary Public in and for said State ersonally appeared RHONDA URWIN,
known or identified to me to be the person who signed the above and acknowledged to me
that she executed the same.
IN WITNE~~WHEREOF, I have hereunto set my hand and affixed my
official seal the day and Year iIfth~~ certificate first above written.
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STATE OF IDAHO )
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County of Ada )
On this 11 th day of 4"; I , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument 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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Residing at: Ca..ldll1 I' ID
Commission expires: \0 -1'1-1 J
DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION
PAGE 11 OF 11
Legal Description and Annexation Map
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Sulte 150 . ,
~ Idaho 83642
,~. (208) 846-8570
. Fax (208) 884-5399
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Proje<< No. 06--117
,August 14, 2006
'Ba$twood SUbclMsioa
A.parecJ oilaild,t:.,ingbl ~,NoflJ150P,~ofdJ!tBast l~o(~SE 1/-1. of the
,SE .114 of Section. 30, T.3N.,1\. \~B.M.. Ada (;ounty. ~.m<P ~CJlIatIy "
',,~asfonowa: ~at,,~~~!o~31,'3.2,29.andthCl
" .d,SeCtion 30.1i9m wbj~ thcll~h9n*,~ t(I said.~ 29 iD4 30 be;Jn
, . ~ 9trJo'oi~ ,West, 26S1.8~'~ T11c;I1lX' Nl?J:th exnO'Ol"West. 13~.80f~ to the
, 'SQ~ 1116 QOtJI<< COIJUOOI1to~ ~~~~lJ .-.w 30, SIIid poiD1 being lQAL POINT
(J,:RGIlOONG. '
-~retumiDg$m.1thOOV3O'Ol" Ba!It. Sop.OQfeat;
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, -'1hDceSouth 89446'S2" West'and alowJ a~~ ofBaatSJopc
Snhdi~u ~o is ~bi BQOkS4 ofP1atB at Page 4939. ~ of Ada
'~._. adistanoe ot658~61 ~ to an~lepoint in ~~. " ,
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~ a100a $1 ~'~ PfsaidSUbdivision,Nqdh ,O<F25~17" West,
SQO.OO.~ to. Nortl1eutCbnlt:!'-" of said SlIbdivision lying OD ~ Nortb line oflhe SE 114'
oftbesn 1/4; , '". " ,',., ,
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, Thtwce aloJ:18 saidliM North 89~46'52" East. 657,92 toot to till' Pllint of
BegiTming, Containing 7.56 acrerJ, more (JI' less. . . . , -
~By:
Jd~Sur.vor~Up.P.C.
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OCT a 2 200fI
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D. rcmy~p-,..s'
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l',.ofess/onal Land. Surveyors.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 7.56 acres from RUT to R-4 AND Preliminary
Plat Approval for 24 single family residential lots and 3 common lots on 7.56 acres, for
Eastwood Subdivision, by Majestic, Inc.
Case No(s). AZ-06-045, PP-06-047
For the City Council Hearing Date of: February 13, 2007
(Continued from February 6, 2007)
(Findings on the February 27,2007, Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 13, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 13, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 13, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 13, 2007, 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. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-045 & PP-06-047
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department, and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of February
13, 2007, incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated October 27, 2006, and stamped REVISED on February 7, 2007, is hereby
conditionally approved; and,
2. All homes on Lots 11, 12, and 13, Block 1, shall be restricted to a single story and be
subject to, at minimum, a 20-foot rear setback. Lot 10, Block 1, shall also be
restricted to a single story.
3. The site specific and standard conditions of approval are as shown in the attached
Staff Report for the hearing date of February 13, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of the
preliminary plat is made in successive phases in an orderly and reasonable manner, and
conforms substantially to the approved preliminary plat, such segments, if submitted
within successive intervals of eighteen (18) months, may be considered for final approval
without resubmission for preliminary plat approval. Upon written request and filed by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-045 & PP-06-047
(
applicant prior to the termination of the period in accord with ll-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 Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis. Such
request must be in writing, and must be filed with the City Clerk not more than twenty-
eight (28) days after the final decision concerning the matter at issue. A request for a
regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Attached: Staff Report for the hearing date ofPebruary 13, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-045 & PP-06-047
(
/
By action of the City Council at its Zeeting held on the
h6rvt.~r -jlJ:;' ,2007.
~OUNCIL MEMBER DAVID ZAREMBA
:210.
day of
VOTED
'?-
COUNCIL MEMBER JOE BORTON
VOTED~
VOTED ~~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
Mayor T
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Copy served upon Applicant, The PI~mg~Mfn1el}~:-Piiblic Works Department and City
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Attorney.
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By: 3h 0/1 n1 ~/l/Lt--~
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Dated: 0 '?:;--O<.c--D .;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-045 & PP-06-047
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
Hearing Date:
Continued From:
2/13/2007
2/6/2007
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STAFF REPORT
TO:
Mayor & City Council
FROM:
Amanda Hess, Associate City Planner
SUBJECT:
Eastwood Subdivision
. AZ-06-045
Annexation and Zoning of 7.56 acres from RUT (Ada County) to R-4
(Medium Low~Density Residential) zone
· PP-06-047
Preliminary Plat of 24 single-family building lots and 3 common lots on 7.56
acres in a proposed R-4 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicants, Wirt and Francis Edmonds, have applied for Annexation and Zoning (AZ) of 7.56 acres
from RUT (Ada County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 24
single family residential lots and 3 common lots for Eastwood Subdivision. The site has not been
previously platted. The subject property is located on the west side of Locust Grove Road, approximately
1/5 mile north of Amity Road in Section 30, Township 3 North, Range 1 East, B.M., and is currently
referenced as Assessor's Parcel Numbers SI130449600 and SI130449650. This property is within the
City's Area of hnpact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-06-045 and PP-06-047) were submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for
the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of
the proposed Eastwood Subdivision subject to the conditions listed in Exhibit B of the Staff Report.
The Meridian Plannine: and Zonine: Commission heard these items on December 21. 2006. At the
public hearine: they moved to recommend approval to the City Council.
a. Summary of Public Hearine::
1. In favor: Beckv McKay (Applicant)
ii. In opposition: None
111. Commenting: Pat StuTlns
iv. Written testimony: Pat & Jim Sturgis
v. Staff presentinl! application: Amanda Hess
vi. Other Staff commentinl! on application: Caleb Hood
b. Key Issues of Discussion by Commission:
i. What is an appropriate transitioning between the lots at the south property
boundary and those within East Slope Subdivision
c. Key Commission Chane:es to Staff Recommendation:
i. The Applicant will be required to enter into a development agreement with the
City of Meridian
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
ii. A maximum of 24 units can be constructed on this site
111. All homes on Lots 11. 12, and 13, Block 1, are to be restricted to a sin2:1e stOry
and be subiect to, at minimum, a 20-foot rear setback
iv. The west lot line of Lot 14, Block 1. shall be adiusted to alim with the west lot
line of Lot 17. Block 1. East Slope Subdivision
d. Outstandin2 Issue(s) for City Council:
i. Proposed density and transitioninl! of lot sizes
The Meridian City Council heard these items on Febrnary 6. 2007. and February 13. 2007. At the
Februarv 13. 2007. oublic hearin!;! they anoroYed the subiect aoolications.
a. Summarv of City Council Public HearimJ:
i. In favor: Shari Stiles (Anulicant's Renresentative): Wirt Edmonds (Aonlicant)
ii. In ouuosition: None
iii. Commenting:: Scott Stewart: Amv DeWeir
IV. Written testimonv: None
v. Staffnresentim! auulication: Arula Canning:: Caleb Hood
vi. Other Staff commenting: on auulication: None
b. Key Issues of Discussion by Council:
i. Elimination of one lot at the south orooertv line
ii. Also restrictim! Lot 10. Block 1. to a sing:le storY
c. Key Council Chan!;!es to Commission Recommendation:
i. Restrictinl! Lot 10. Block 1. to a sinl!le stOlV
ii. Anoroved revised oreliminarv olat dated Februarv 7.2007
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-
06-045 and PP-06-047, as presented in the staffreport for the hearing dates of February 6, 2007,
and February 13, 2007, with the following modifications to the conditions of approval: (Add any
proposed modifications.)
Denial
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-
06-045 and PP-06-047, as presented in the staff report for the hearing dates of February 6, 2007,
and February 13, 2007, for the following reasons: (State specific reasons for denial of the
annexation and/or preliminary plat request.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Numbers
AZ-06-045 and PP-06-047 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
4515 S. Locust Grove Road; Section 30, T3N, RIE
b. Owner / Applicant:
Wirt & Francis Edmonds and Shain & Rhonda Urwin
2297 N. Chandra
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 2
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i
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR lHE HEARING DATE OF FEBRUARY 13, 2007
Meridian, ill 83642
c. Representative: Becky McKay, Engineering Solutions
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Low Density Residential
f. Description of Applicant's Request (See Exhibit A):
1. Date of Preliminary Plat: Stamped REVISED Olilts\Hlr 27, 2QQ~ Februarv 7.2007
2. Date of Landscape Plan: REVISED October 27,2006
g. Applicant's Statement/Justification:
The gross density of the proposed development is 3.18 dwelling units per acre. The proposed
density is in accord with the proposed R-4 (Medium Low-Density Residential) zoning district
and complies with the Comprehensive Plan for the site which designates the area as "Low
Density Residential."
The subdivision will provide five common lots including a central common area, and a mix of
lot sizes ranging from approximately 8,000 square feet to 22,580 square feet.
5. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone as detennined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public
hearing is required before the City Council on this matter.
b. The subject application will, in fact, constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on:
December 4, 2006; December 18, 2006 (P & Z Commission)
January 15. 2007: January 29.2007 (City Council)
d. Radius notices mailed to properties within 300 feet on:
November 22, 2006 (P & Z Commission)
January 12. 2007 (City Council)
e. Applicant posted notice on site by:
December 11, 2006 (P & Z Commission)
January 27.2007 (City Council)
6. LAND USE
a. Existing Land Use(s): Existing home, outbuilding, and vacant land. All existing structures
will remain.
b. Description of Character of Surrounding Area: A mix of single family residential and vacant
agricultural land, some of which has recently been proposed for residential development.
c. Adjacent Land Use and Zoning:
1. North: Proposed single-family, Reflection Ridge Subdivision, zoned R-4
2. East: Single-family homes, Estancia Subdivision, zoned R-4
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
3. South: Estate residential, zoned RUT (Ada County)
4. West: Estate residential, zoned RUT (Ada County)
d. History of Previous Actions:
The subject applications, AZ-06-045 and PP-06-047, were scheduled to be heard before the
Planning and Zoning Conunission on October 19, 2006. Prior to said meeting, the Applicant
and Staff were made aware that ACHD refused to grant direct access to the site from Locust
Grove. This ultimately prompted a substantial redesign preliminary plat.
The new plan proposes two additional lots for a total of 24 building lots, and eliminates
subdivision access to Locust Grove Road. This warranted re-noticing the neighboring property
owners of the changes and publishing the new notice in the media. Staff believes the revised
preliminary plat is more compatible with the goals and policies of the Comprehensive Plan
and the Unified Development Code.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: This property is proposing connection to sewer planned to be
constructed in E. Wrightwood Drive by neighboring development.
Location of water: This property is proposing connection to water planned to be
constructed in E. Wrightwood Drive and the proposed subdivision to the north.
Issues or concerns: The need for an off~peak pumping station if they plan on
sewering prior to the Black Cat Trunk connecting to the Glacier Springs
Diversion Manhole.
2. Vegetation: Existing trees on site will be retained, relocated, or mitigated for.
3. Floodplain: N/A
4. Canals/DitcheslIrrigation: N/A
5. Hazards: N/A
6. Proposed Zoning: R-4
7. Size of Property: 7.56 acres
f. Subdivision Plat Information:
1. Residential Lots: 24
2. Non-residential Lots: 0
3. Total Building Lots: 24
4. Common Lots: 3
5. Total Lots: 27
6. Open Lots: 0
7. Residential Area: 7.56 acres
8. Gross Density: 3.18 units per acre (4.26 net density)
9. Lot Sizes: Lot sizes range from approximately 8,000 to 22,580 square feet. The
average lot size is approximately 8,950 square feet.
Eastwood Subdivision: AZ-06-045, PP-06-047 PAGE 4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
g. Landscaping:
1. Width of street buffer(s): Locust Grove Road is classified as an arterial road. The
UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The
landscape plan (Sheet Ll.O) proposes a 25-foot wide buffer along Locust Grove.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0.389 acres (5.15%)
4. Other landscaping standards: Landscaping adjacent to micropaths should comply with
UDC 11-3B-12. Conunon / open space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC ll-3G-3-E2).
h. Proposed and Required Non-Residential Setbacks: As per the R-4 zone for detached single
family dwellings.
1. Summary of Proposed Streets and/or Access (private, public, conunon drive, etc.): The sole
access to the development will be from East Wrightwood Drive, a through-street provided by
Reflection Ridge Subdivision. South Carina Avenue COlU1ects to E. Wrightwood Drive at the
north boundary of the subject property. City Staff is supportive of the proposed street layout.
ACIID Staff is also supportive of the proposal as long as all Site Specific and General
Requirements are met (See Exhibit B-7).
7. COMMENTS MEETING
On December 1, 2006, Planning Staff held an agency conunents meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map.
Low density residential areas are anticipated to contain single family residences at densities up to three
dwelling units per acre. (See Page 95 of the Comprehensive Plan) The proposed Preliminary Plat
includes 24 residential building lots on 7.56 acres for a gross density of 3.18 dwelling units/acre. The
gross density exceeds the range outlined in the Comprehensive Plan. The following Comprehensive Plan
policies apply to this application:
· Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
Eastwood Subdivision: AZ-06-045, PP-06.047
PAGE 5
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
· 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 annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
· 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 reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
· Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
Staff is supportive of the proposed pedestrian connections to Reflection Ridge Subdivision via the
proposed sidewalks and stub street.
· Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Staff finds that the residential development to the north is compatible with the proposed
subdivision. To the east and south are existing single-family dwellings sited on one-acre lots
within Ada County. Staff believes Eastwood transitions well with these lots to the east.
However, Staff believes that the lot sizes proposed along the southern boundary should be
increased. Although attached single-family and detached single-family dwellings are compatible
land uses, Staff does not consider locating four 8,000 square-foot lots adjacent to a one-acre lot
an appropriate transition. A neighbor has voiced concern over this issue, as well.
· Chapter VIT, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-4 zone. The subject property is located
adjacent to lands zoned R-4. Staff finds that the requested zoning designation is consistent with
the Comprehensive Plan designationfor this site.
· Chapter VI, Goal IT, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
Eastwood Subdivision: AZ-06-045, PP-06.047
PAGE 6
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
One street connection is proposed to connect with the Reflection Ridge Subdivision to the north.
Staff finds that the zoning proposal is generally harmonious with the surrounding area and with the
Future Land Use Map designation for this site and generally meets the goals and policies of the
Comprehensive Plan. 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. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted
Use in the R-4 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. 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.
10. ANALYSIS
a. Analysis of Pacts Leading to Staff Recommendation
ANNEXATION ANAL YS!S:
Based on the policies and goals contained in the Comprehensive Plan and the general compliance
of the proposed development with the Unified Development Code, Staff believes that this is a
good location for the proposed single-family development. Please see Exhibit D for detailed
analysis of the required facts and [mdings for annexation.
The annexation legal description submitted with the application, prepared by The Idaho Survey
Group on August 14, 2006, shows the property as contiguous to the existing corporate boundary
of the City of Meridian.
.^JI fumre ases OR this property SRO\:1.ld Bot iBvellve l;l.ses, aetlvltles, proeesses, materials,
equipment aBd eelBditioBs elf operatielB that will be detrimootal to any persofls, property elr tae
geRefal welfare by feaSOR of e1ceessive prodaetioB elf traffic, Roise, smeke, fumes, glare elf odors,
and should be eOflstmeted in aeeordanee with City of MeridiaB ord:inaaees iB effect at the time ef
developmoot.
Speeial CeBsideraueBs:
DevelepmeBt AgreemeBt: UDC 11 5:8 3D2 and Idaho Code ~ 65 e71 U1 provides tae City
the authority to reqaire a property O\\'fl:eI" te ooter into a Developmoot Agreemeflt (D'^1) with
the City that may f6q\iire seme writ:t:6fl eORlHHtmoot for all futw-e ases. .\s there are BO
issues ngardiBg aBBeXlltiaB of the suhjeet property wlHeh BeeessHate a DevelapmeBt
AgreemeBt, Staff helieves that a D,A~ is Bat refJuired iB tlHs iBstaBee. .'\II applieahle
eeBditioBs regardiBg the develepmeBt of this pnperty are eaBtaiBed iB. the prelimiBary
plat approval.
A Development Agreement (DA) will be required as part of annexation of this property. Prior to
annexation approval. a DA shall be entered into between the City of Meridian. the property
owner(s) at the time of annexation ordinance adoption. and the developer. The applicant shall
contact the City Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall include. at
minimum. the following:
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 7
I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
· 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.
· All future development of the subi ect property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
· The applicant will be responsible for all costs associated with the sewer and water service
extension.
· Any existine domestic wells and/or septic systems within this proiect will have to be
removed from their domestic service. per City Ordinance Section 5-7~517. when services
are available from the Citv of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
· The following shall be the only allowed uses on this property: Detached single family
homes and allowed accessory uses of the R-4 zone.
· A maximum of 24 units be constructed on this site.
· All homes within the subdivision shall contain at least 1.200 square feet of livinl! area.
· All homes on Lots 11. 12. and 13. Block 1. shall be restricted to a sinele story and be
subiect to. at minimum. a 20-foot rear setback. I,ot 10. Block 1. shall also be
restricted to a single storv. Place a note on the final nlat to indicate this.
· Prior to issuance of any building permit. the subiect property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
· The five-foot sidewalks and a 25-foot landscape buffer. constructed in accordance with
City Code. shall be installed alonl! Locust Grove Road l'rior to occupancy of any new
dwelling: units.
PRELIMINARY PLAT ANALYSIS:
Based on the policies and goals contained in the Comprehensive Plan and the general compliance
of the proposed development with the Unified Development Code, staff believes that this is a
good location for the proposed single-family residential products. Please see Exhibit D for
detailed analysis of facts and fmdings for a preliminary plat.
1. Access: The Reflection Ridge Subdivision, just north of the Eastwood Subdivision, has been
granted road access to Locust Grove Road at the ~-mile mark. West Wrightwood Drive, a
public street provided by the Reflection Ridge Subdivision, runs approximately parallel to
Eastwood's north property line. South Carina Avenue, a local public street within Eastwood,
intersects W. Wrightwood and will serve as the sole access to the proposed subdivision. The
access to Locust Grove Road for the existing house that is to remain, should be abandoned as
proposed. Direct lot access to Locust Grove Road should be prohibited.
2. Internal Streets: Internal streets sections are proposed to be 36-feet wide with 5-foot wide
attached sidewalks for a total of 50 feet of right-of-way.
3. Density: This property is designated "Low Density Residential" on the Comprehensive Plan
Future Land Use Map. Low density residential areas are anticipated to contain single family
dwellings at densities up to three dwelling units per acre. The proposed Preliminary Plat
includes 24 residential building lots on 7.56 acres for a gross density of 3.18 dwelling
units/acre. The gross density exceeds the range outlined in the Comprehensive Plan. The
Applicant has not proposed a "step up" to medium density for the site, nor would Staff be
supportive of said "step."
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
In order for the project to better comply with the density policies outlined in the
Comprehensive Plan, Staff is supportive of eliminating one building lot at the south property
line. This reduction in the number of lots, from 24 to 23, would not only address Staffs
concerns over transitioning of lot sizes in that area, but would lower the gross density of the
project from 3.18 dwelling units/acre to 3.05 dwelling units/acre.
4. Landscaping: The Applicant has provided 0.636 acres (8.4%) of landscaping on site,
including the required street buffer along Locust Grove Road. The standards for open space
apply to single-family developments of five acres or more. As the subject property totals 7.56
acres, the Applicant has set aside 0.389 acres (5.15%) for usable open space, including a
centrally located common area, meeting the 5% minimum required by UDC ll-3G-3A-l. All
common areas approved as open space shall be vegetated and usable by residents.
Maintenance of all common areas shall be the responsibility of the Eastwood Homeowners
Association.
5. Pressure Irrigation~ The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any
existing 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 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.
6. Fencing: Excepting where fencing currently exists along the western boundary, perimeter
fencing is not shown on the submitted landscape plan or preliminary plat. At the public
hearing, the applicant should state whether or not permanent fencing is proposed
around the development. The Applicant should submit a detailed fencing plan with the fmal
plat application for the subdivision. If pennanent fencing is not provided, temporary
construction fencing to contain debris must be installed around the perimeter prior to issuance
of a building permit. All perimeter fencing must be completed prior to issuance of building
permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way.
Fencing adjacent to the drainage swale access is also required. Said fencing can be up to six
feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All
fencing shall be installed in accordance with UDC ll-3A-7.
7. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or
canals, exclusive of natural waterways and waterways being used as amenities, which
intersect, cross or lie within the area being subdivided shall be covered.
8. Tree Mitigation: Any existing, on-site 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 those removed. Required landscaping trees will not be considered as
replacement trees for those that are removed. The applicant should coordinate a mitigation
plan with Elroy Huff at the Meridian Parks Department.
9. Existing Structures: The site currently contains multiple buildings. All existing structures
that are to remain, shall comply with the dimensional standards (setbacks, house size, etc.) of
the R-4 zone. Prior to signature of the final plat, all structures that do not meet the
dimensional standards should be removed.
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 9
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
b. Staff Reconunendation: Based on the above analysis, staff finds that applications AZ-06-045
and PP-06-047 substantially conform to the Comprehensive Plan policies and UDC standards.
Staff recommends approval of said AZ and PP applications subject to the conditions listed
in Exhibit B. The Meridian Planoin!! and Zonin!! Commission heard the item on December
21. 2006. At the public hearinl! thev moved to recommend approval to the City Council. The
Meridian City Council heard these items on Februarv 6. 2007. and February 13. 2007. At
the February 13. 2007. Dublie hearin!! the Council aooroved the subiect aoolications.
11. EXHmITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (~~.7U1IjD Ollt€llulr 27, 29Q6)
(Stamned REVISED on February 7. 2007)
3. Landscape Plan (REVISED October 27,2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Services Company
7. Ada County Highway District
8 Nampa Meridian Irrigation District
9. Central District Health Department
C. Legal Description and Annexation Map
D. Required Findings from Unified Development Code
Eastwood Subdivision: AZ-06-045, PP-06-047
PAGE 10
I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY] 3, 2007
A. Drawings
1. Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
2. Preliminary Plat (RE\TI~EQ OBtijll;r 2:, 2QQti) (Stamned REVISED Februarv 7. 2007)
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION REQUIREMENTS
1.1.1 The annexation legal description submitted with the application (dated August 14, 2006, and
stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of pennit submittal.
1.1.3 The Applicant shall enter into a Development Agreement with the following provisions:
· All future uses shall not involve uses, activities, processes. materials. equipment and
conditions of operation that will be detrimental to any persons, propertv or the general
welfare by reason of excessive production of traffic, noise, smoke. fumes, glare or odors.
· All future development of the subject propertv shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
· The applicant will be responsible for all costs associated with the sewer and water service
extension.
· 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 mav be used for non-domestic purposes
such as landscape irrigation.
· The following shall be the only allowed uses on this property: Detached single family
homes and allowed accessory uses of the R-4 zone.
· A maximum of 24 units be constructed on this site.
· All homes within the subdivision shall contain at least 1.200 square feet ofliving area.
· All homes on Lots 11. 12. and 13. Block 1. shall be restricted to a sinele story and be
subiect to. at minimum. a 20-foot rear setback. The home on I,ot 10. Block 12. "hall
also he restricted to a sinple storv. Place a note on the final olat to indicate this.
· Prior to issuance of anv buildinl! permit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
· The five-foot sidewalks and a 25-foot landscape buffer. constructed in accordance with
City Code. shall be installed along Locust Grove Road prior to occupancy of anv new
dwelling units.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Engineering Solutions, LLP, and ~
.'\.ligHst 3, 2QQf}, STAMPED February 7. 2007, is approved with the conditions listed herein.
1.2.2 Eastwood Subdivision shall be subject to the UDC standards of the R-4 (Medium Low-Density
Residential) zoning district.
1.2.3 A maximum of ~ 24 single family residential dwellings may be constructed on site. ORe af
the proposed lots at the seutherB haHDdaFY ef Blaek 1 should he elimiRated, IlDd adjaeeRt
lots iBeJ'eased iR sEJHIll'e featllge.
1.2.4 Direct lot access to Locust Grove Road shall be prohibited for this site. The Applicant shall be
required to dedicate the right-of-way, construct landscaping, pathway(s), and noise mitigation
along Locust Grove, as required by ACHD and the City of Meridian.
Exhibit B
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
Prior to signature of the final plat by the City Engineer, the existing access to Locust Grove Road
shall be abandoned. All homes within Eastwood shall take driveway access internal to the
subdivision. Place a note on the final plat to reflect the access restrictions.
Dedicate and construct all public internal roadways to meet ACHD' s road design standards.
Provide a street connection (Carina Avenue) to the proposed Reflection Ridge Subdivision to the
north, as depicted on the preliminary plat.
All existing buildings that span across proposed lot lines or do not conform to the dimensional
standards (setbacks, height, etc.) of the UDC shall be removed, relocated, or made to conform to
city code prior to signature of the final plat by the City Engineer. '
All homes within the subdivision shall contain at least 1,200 square feet of living area.
The west lot line of Lot 14. Block 1. shall be adiusted to alil!l1 with the west lot line of Lot 17.
Block 1, Bast Slope Subdivision.
1.2.11 The Aoolicant shall note on the face of the [mal nlat that the homes on Lots 10-13. Block I. have
a sinQ'Ie-storv restriction and that Lots 11-13. Block 1. have a minimum 20-foot rear setback.
1.2.5
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.2.12
1.2.13
1.3
1.3.1
1.3.2
1.3.3
1.3.4
Exhibit B
The landscape plan prepared by Harvest, Design on October 27, 2006, revised on October 27,
2006, and labeled Sheet LS-I, is approved with the following modifications / notes:
· Provide 0.389 acres (5.15% of the site) for landscaped open space.
· As required by UDC 11-2A-5, provide a 25-foot wide street landscape buffer along
Locust Grove Road. Said buffer shall be constructed wholly outside of any right-of-way.
· Per UDC 11-3A-7Aw7b, all fencing adjacent to cormnon shall be either four feet (4') in
height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the
applicable areas on the landscape plan to reflect this requirement.
· Coordinate a tree mitigation/preservation plan with Elroy Huff of the Meridian Parks
Department.
· 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.
Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by Staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the [mal plat application(s).
Maintenance of all cormnon areas shall be the responsibility of the Eastwood Subdivision
Homeowners Association.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks/walkways shall be installed within the subdivision and on Locust Grove Road pursuant
to UDC 11-3A-17.
All lot lines cormnon to a public right-of-way shall reserve a 10' utility easement.
The Applicant shall comply with the outdoor lighting standards shown in UDC ll-3A-ll.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The Applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the cormnon areas prior to signature on the
[mal plat by the City Engineer. An underground, pressurized irrigation system should be installed
( (
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
to all landscape areas per the approved specifications and in accordance with UDC ll-3A-15 and
MCC 9-1-28.
1.3.5 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. 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.
1.3.6 The Applicant shall submit a 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 pennit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with UDC ll-3A-7.
1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.8 Staffs failure to cite specific ordinance provisions or terms of the approved annexation /
preliminary plat does not relieve the applicant of responsibility for compliance.
1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in E.
Wrightwood Drive. These mains are temporarily flowing out of shed. If this development intends
on sewering this property prior to the Black Cat Trunk connecting to the Glacier Springs
Diversion manhole the Applicant shall be responsible to install an off-peak pumping station. The
stations design and location shall be coordinated with the Public Works Department.
2.2 The Applicant shall install sewer mains to and through this development; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service.
2.3 Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than
three feet than alternate materials shall be used in conformance of City of Meridian Public Works
Departments Standard Specifications.
2.4 Water service to this site is being proposed via extension of mains in Reflection Ridge
Subdivision. The Applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works. A second water connection to
the main in Locust Grove shall be reauired to ensure adeauate fire flows: location of this
connection shall be coordinated with Public Works nrior to construction nlan annroval. This main
shall be nlaced in a common lot. a minimum of 20 feet wide. and covered bv a Citv of Meridian
water easement.
2.5 The existing house shall be required to connect to City services. The Applicant shall be
responsible for payment of the assessments prior to signature on the fmal plat by the City
Engineer. The Applicant shall be responsible for the actual physical connection to the services
prior to issuance of Certificates of Occupancy.
2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement
Exhibit B
(-
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
with the reimbursable amount shall be approved by Council prior to plat signature.
2.7 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).
2.8 The Applicant has the pressure irrigation system in this proposed development is to be maintained
as a private system. Since 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 final plat signature on the last phase ofthis project.
2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point cmmection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the ODC
shall be removed prior to signature on the final plat by the City Engineer.
2.11 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.
2.12 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.14 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 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the [mal plat.
2.18 It shall be the responsibility of the Applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.19 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Enviromnental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
Exhibit B
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
that may be required by the Army Corps of Engineers.
2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the Applicant shall comply with all American with Disabilities
Act requirements for unobstructed sidewalk access.
2.22 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill materiaL
2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. 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, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400'
distance in between locations. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain approval
from the Public Works Department, and permit from Building Department prior to commencing
installations.
3. FIRE DEPARTMENT
3.1 One and two family dwellings will require a fireMflow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 All entrance and internal roads, and cul-de-sacs shall have a turning radius of28' inside and 48'
outside radius.
3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.6 Building setbacks shall be per the International Building Code for one- and two-story
construction.
3.7 The existing home shall herein be addressed off of North Carina Avenue.
3.8 All portions of the buildings located on this project, including the existing home, must be within
150' of a paved surface as measured around the perimeter of the building.
Exhibit B
!
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
3.9 There a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fIre hydrants
and mains shall be provided where required by the code offIcial. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group RR3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
4. POLICE DEPARTMENT
4.1 Any interior fencing adjacent to common areas and micropathways, including along the drainage
swale access, shall allow visibility from the street and shall not exceed four feet in height is solid
fencing is used.
4.2 The common lot on Block 2 will not be adequately lit. Provide street lamps at the north and south
boundaries instead of one centralized lamp at the eastern boundary.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC ll-3B-IO) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 1l-3B-lO) will be followed.
6. SANITARY SERVICES DEPARTMENT
6.1 SSC has no comments related to the application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC REQUIREMENTS
7.1.1 This portion of Locust Grove will develop to be a 3-lane arterial roadway within 70-feet of right-
of-way. Twenty-fIve feet of right-of-way currently exists, so the applicant may do one of the
following:
a. Do not dedicate right-of-way and construct a 5-foot wide concrete sidewalk not closer
than 28-feet from the centerline of Locust Grove Road and provide an easement for the
sidewalk.
b. Dedicate lO-feet of additional right-of-way and construct a 5-foot wide concrete sidewalk
not closer than 28-feet from the centerline of Locust Grove Road. The District will buy
the additional right-of-way from the applicant. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling
the fInal plat for signature by the ACHD Commission or prior to issuance of a building
pennit (or other required pennits), whichever occurs fIrst.
7.1.2 Construct a 5-foot attached concrete sidewalk 41-feet from the centerline of Locust Grove Road
(measured face of walk to centerline).
7.1.3 Locate and construct the internal roadways as a 36-foot street section within 50-feet of right- of-
way complete with curb, gutter and a 5-foot attached concrete sidewalk, as proposed.
7.1.4 Construct a stub street to the north, North Orion Avenue, located approximately 520-feet west of
the centerline of Locust Grove Road (measured centerline to centerline). This stub street shall
Exhibit B
(
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
align with and connect to Dazzle Way, within Reflection Ridge Subdivision to the north of this
site, and will provide principal access to the subject site. Actual aligrunent is required and the
applicant is directed to work with the northern development for the exact location of the two
roadways.
7.2.5
7.2.6
7.1.5 Direct lot access to Locust Grove Road is prohibited and shall be noted on the fmal plat.
7.1.6 Comply with all Standard Conditions of Approval.
7.2 GENERAL REQUIREMENTS
7.2.1 Existing irrigation facilities shall be relocated outside ofthe right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 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.
Comply with the District's Tree Planter Width Interim Policy.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the 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.
7.2.13 Any change by the applicant in the plarmed use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
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. NAMPA / MERIDIAN IRRIGATION DISTRICT
8.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the
underground, pressurized irrigation system.
8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site,
contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review
prior recording of the final plat.
8.3 All laterals and wasteways must be protected.
8.4 The developer must comply with Idaho Code 31-3805.
9. CENTRAL DISTRICT HEALTH DEPARTMENT
9.1 After written approvals from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
9.2 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.
9.3 Run-off is not to create a mosquito breeding problem.
Exhibit B
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
C. Legal Description and Annexation Map
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the 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;
The Applicant is proposing to zone the subject property R-4 (Mediwu Low-Density Residential).
Council finds that the proposed zoning map amendment complies with the applicable provisions
of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this
Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that single-family residences are allowed within the requested zoning district ofRA
as a Principally Pennitted Use. The accompanying plat demonstrates the land will be developed
with varying lot sizes and other dimensional requirements which conform to the proposed zoning
designation.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. The Commission and Planning Staff recommend that Council rely on any oral
or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the City including, but not limited
to, school districts; and,
Council fmds that the proposed zoning amendment will not result in any adverse impact upon
delivery of services by any political subdivision providing services to this site, as conditioned in
the staff report.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Council fmds that all essential services will be provided by the developer to the subject property
and will not require unreasonable expenditure of public funds. The Applicant is proposing to
develop the land in compliance with the City's Comprehensive Plan and this is a logical
expansion of the City limits. Council finds that Annexation and Zoning of this property is in
the best interest ofthe City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council fmds that the proposed application is generally compatible with the adopted
Comprehensive Plan. Council generally supports the proposed plat layout, with recommended
changes, as they comply with the provisions of the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
b. Public services are available or can be made available and are adequate to accommodate
Exhibit D
I
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
the proposed development;
Council finds that public services can be made available to accommodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more details.)
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 own
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 Planning Staff recommends that Council rely upon conunents from the
public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See Exhibit B,
Agency Comments and Conditions, for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare; and
Council is not aware of any health, safety, or enviromnental problems associated with the
development of this subdivision that should be brought to Council's attention. ACHD considers
road safety issues in their analysis. The Commission and Planning Staff reconunend that Council
reference any public testimony that may be presented to determine whether or not the proposed
subdivision may cause health, safety or enviromnental problems of which staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any 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. The Commission and Planning Staff
recommend that Council reference any public testimony that may be presented to detennine
whether or not the proposed development may destroy or damage a natural or scenic feature(s) of
maj or importance of which the Commission and Planning Staff is unaware.
Exhibit D