Portico Place Subdivision AZ 06-052
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05121/07 09:57 AM
DEPUTY ViGki Allen
RECORDED - REQUEST OF
City of Meridian
AMOUNT .00
47
1111111111111111111111111111111111111
107071997
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Portico, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~ day of ffiC'l ~ ' 2007, by and between City of
Meridian, a municipal corporation of the ate of Idaho, hereafter called "CITY', whose
address is 33 East Idaho Street, Meridian, Idaho 83642 and Portico, LLC, whose address
1883 N. Wildwood Avenue, Boise, Idaho 83713 hereinafter called
"OWNER/DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. ~ 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Meridian City Code Section 11, Unified Development
Code, which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation of R-8 (Medium Density Residential
District), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION
PAGE 1 OF 9
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 27th day of March, 2007, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNERlDEVELOPER deems it to be in its best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions ofthis development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the 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 06-052) PORTICO PLACE SUBDIVISION
PAGE 2 OF 9
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 ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Portico, LLC, whose
address is 1883 N. Wildwood Avenue, Boise, Idaho 83713 the party
developing said Property and shall include any subsequent owners
and/or developer(s) ofthe Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be annexed and zoned R-8
(Medium Density Residential District) , attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant
to this Agreement are only those uses allowed under City's Zoning Ordinance codified at
Meridian City Unified Development Code Section 11-2A-2, as follows:
Construction and development of 26 single family and
townhouse building lots and 3 common lots on 5.17 acres in the
proposed R-8 zone pertinent to this AZ 06-052 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 III accordance with the
following special conditions:
1. The existing direct access to E. McMillan Road from the
existing house shall be terminated and access to the house shall
be taken internally from N. Beethoven Avenue; direct lot
access to E. McMillan Road is prohibited.
2. A 30-foot wide landscape buffer shall be installed adjacent to
the existing home along E. McMillan Road; the remainder of
the buffer shall be 35-feet wide as required by UDC 11-2A-6.
In return for approval of the reduced buffer width, the applicant
shall provide 44 additional shrubs and 3 additional trees over
DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION
PAGE 3 OF 9
and above code requirements in the McMillan Road street
buffer.
3. The north side of the driveway from Lot 17, Block 1 to
Beethoven Avenue shall be located 50 feet south of White
Hawk Street.
4. The driveway on Lot 17, Block 1 shall be designed with a turn
around so that vehicles exiting Lot 17 will be pulling out onto
Beethoven rather than back out. A drawing of said driveway
and turnaround shall be included as an Exhibit in the DA. (See
Exhibit A1.)
5. Future attached homes within the subdivision shall comply
with the elevations approved at the City Council hearing on
March 6, 2007; a copy of said elevations shall be included as
an exhibit in the DA. (See Exhibit A2.)
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe Owner/Developer 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 ~ 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9.
DEFAULT:
DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION
PAGE 4 OF 9
9.1 In the event Owner/Developer, Owner/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all
ofthe terms and conditions included in this Agreement in connection
with the Property, this Agreement may be modified or terminated by
the City upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by City of any default by Owner/Developer of anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning ofthe
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation ofthe duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION
PAGE 5 OF 9
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: TheOwner/Developeragreesthatno
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Portico, LLC
1883 N. Wildwood
Boise,ID 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
DEVELOPMENT AGREEMENT (AZ 06.052) PORTICO PLACE SUBDIVISION
PAGE 6 OF 9
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between OwnerlDeveloper 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
DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION
PAGE 7 OF 9
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 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 of the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
PORTICO, LLC
CITY OF MERIDIAN
BY:~~
MAYOR M de WEERD
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,~p~{)V-~dtby"City Council
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DEVELOPMENT AGREEMENT (A'2>>~fq>E:fi~o'PLACE SUBDIVISION
~ ~ OF9
111111/1111\\\\\\ PAGE 8
STATE OF IDAHO )
: ss
County of Ada )
On this ~ tk day of _m~ ,2007, before me, the
undersigned, a Notary Public in and fo said State, personally appeared
_~onn \ do. so. (~L , known or identified to me to be
the Oun~.v of POrtICO, LLC who executed the Illstrument and
acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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Notary Public for Idaho
Residing at: rei . rlll if" Lt, l D
My Commission Expires: I a -I I -I I
STATE OF IDAHO )
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County of Ada )
On this llcft1 dayof MakY ,2007, before me, a Notary
Public, personally appeared Tammy de W eerd a~Wil1iam G. Berg, Jr., know or Identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written
(SEAL)
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DEVELOPMENT AGREEMENT (AZ 06.052) PORTICO PLACE SUBDIVISION
PAGE 9 OF 9
A Legal Description & Exhibit Map
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EXHIBIT A
Rezone and Annexation Description
for Portico. LLC
Job No. 04097 101212006
Land in the SW1/4 of the SW1/4 01 Section 29, T4N, R1 E, 8,M" City of Meridian, Ada County,
Idaho, described ss follows; ,
COMMENCING at the Southwest Comer of said SW1I4 (Southwest earner of Section 29),
tnart<.ed by a brass cap as per comer perpetuation record. Insl. No, 98117251;
thence, along theSoutfi Une of said Section 29, SQuth 89"12'28. East, 485.60 feet to the POINT
OF BEGINNING;
....
.
. thence North 02"12'41. East, 684.45 feet;
thence South 89"20'43" East, 339.19 feet, to a fOUnd 518 inch lilbar with a plastic cap ma(t;ed
.PI.S 4431" and being an angle point on the b,oundary of Sheridan f'Iaa, Subdivision, as per the
Plat thereof, in Book 92, at Page 10866, Ada County. Idaho Plat Rewrds;
thence along Bald Subdivision boundary, South 02015'53" West, 1365.28 'eetto a found 5/8 Inch
rebar'wtth B plastic cap marked 'PLS 4431. ori Ihe South LIne of said SsctIon 29, said rebar
marking the .Real PoJnt of Begirinlng. on the Plat of saId Sheridan Piece Subdivision;
lhence along said South Section Une, North ago12'ia" West. 338.55 feet, to the POtNT OF
BEGINNING;
COntalnlng5.17 BcreS or 225,224 square feet, more or less, and subject to any easemen!iS or
righls,of-way of record or otherwise eldstfng.
g~E'J-fJt.'OVAL
~ .
OCT 19 2006
~R101AN PU6L.tc
woRKS CEPT,
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Troanlre VlIU.y Knginu.... Inc,
1204 6"'. Slrl'ct NOM
N"'''I'''. Idaho 83687
omcc; (208) 463.0305
F"':(208) 463-4391
W""Y, rVElllc.CQm
A1 Drivewav access to N. Beethoven Avenue for I,of 17. Block 1
PROPOSED
DRIVEWAY
ACCESS TO N.
BEElHO\ttN AVE
,
I
CD
SCALE: 1 "=40'
NO ACCESS TO N,
BEElHOVEN AVE
o
EXISllNG lREE TO BE
REMOVED, SHRUBS AT I
CORNER OF McMILLAN
AND BEElHOVEN TO BE
LESS lHAN J' TALL.
NO BERM AT CORNER
@
E3
E. MCMILlAN RD
.
PORTICO PLACE SUBDIVISION
Driveway Plan
Lot 17, Block 1
03/19/2007
Exhibit A I
Exhibit A2
A2 Elevations (Aooroved at the March 6. 2007 Citv Council Meetim..)
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
O((crid/~ \
\ IlMHO i
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.
In the Matter of Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R-8
(Medium Density Residential) and Preliminary Plat (PP) of 26 Single-family Residential
Building Lots and 3 Common Lots for Portico Place Subdivision.
Case No(s). AZ-06-052 & PP~06-053
For the City Council Hearing Dates of: January 23, 2007; February 6, 2007; & March 6,
2007 (Findings on the March 27, 2007 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 23,2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 23,2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
23, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 23,2007, 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. ~67~6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the hnpact 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 ~
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-052 & PP..Q6..Q53
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. 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 January 23,
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 ~ 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 October 3,2006, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 23,2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years 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 applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
CITY OF MERIDIAN fINDINGS Of FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-06-052 & PP-06-OS3
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
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.
F. Attached: Staff Report for the hearing date of January 23, 2007.
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-0S2 & PP-06~053
By action of the City Council at its regular meeting held on the 2. 7 1.!:,. day of
III tJ/lt/A- , 2007.
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
COUNCIL MEMBER JOE BORTON
VOTED
/II;~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED
Attest:
Attorney.
By: Sl~McY\~4~0
City Clerk
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-052 & PP-06-053
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007
SUBJECT:
Hearing Date: January 23, 2007
Mayor & City Council
Sonya Watlers
Associate City Planner
Meridian Planning Department
884-5533
Portico Place Subdivision
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STAFF REPORT
TO:
FROM:
· AZ~06-052
Annexation and Zoning of5.17 acres from RUT (Ada County) to R-8
(Medium Density Residential) zone
· PP-06-053
Preliminary Plat of 26 single-family and townhouse building lots and 3
conunon lots on 5.17 acres in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Portico, LLC, has applied for Annexation and Zoning (AZ) of 5.17 acres from
RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 26
single-family residential and townhouse building lots and 3 conunon lots for Portico Place
Subdivision. Alternative Compliance is also being requested for a reduction to the street buffer
width along E. McMillan Road from 35 feet to 25 feet on the south side of the existing home. The
site is located at 1780 E. McMillan Road, on the north side of McMillan Road, just east of the
intersection of Locust Grove and McMillan Roads, in Section 29, Township 4 North, Range 1
East, and is currently referenced as Assessor's Parcel Number S0529336250.
2. SUMMARY RECOMMENDATION
The subject applications (AZ~06~052 and PP-06-053) were submitted to the Planning Department
for concurrent review. Staffhas provided a detailed analysis and recommended conditions of
approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff
recommends approval of AZ-06-052 and PP-06-053 and the request for Alternative
Compliance for Portico Place Subdivision as presented in the staff report for the hearing
date of December 21, 2006, subject to the conditions listed in Exhibit B.
The Meridian Planninl! and Zonin!! Commission beard these items on December 21. 2006.
At the Dublic hearinl! they moved to recommend aDDroval.
a. Summary of Commission Public HeariDe:
i. In favor: Ron Sareent (aDDlicant/ownerl
n. In oDDosition: None
ill. Commentine:: None
iv. Staff oresentine aDDlicalion: SonYa Watters
v. Other staft' commentine: on aDDlicalion: Caleb Hood
b. Key Issues of Discussion by Commission:
i. Retention of existinl! access to McMillan Road for resident of existine house
c. Key Commission Chanees to Staff Recommendation:
i. Require a Develooment Al!I"eement that will include a orovision for a 35-foot
wide landscaDe buft'er to be installed aloD2 McMillan Road wben Lot 17,
Block 1 re-develoDs. re-subdivides. or modifications to the buildin2ilot are
made that requires a buildinl! Dermit. and requirement for the existinl!
Portico Place Subdivision AZ-06-052, PP.Q6-053
PAGE 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
house on Lot 17. Block 1 to take access internallv from N. Beethoven Avenue
and for the eD-sdnl! direct access to McMillan to be terminated (see Exhibit
B1
d. Outstandinl! Issue(s) for Citv Council:
i. Retainin2 existin2 access to McMillan Road for resident of existinl! house
The Meridian City Council heard these items on Januarv 23. 2007: F:ebruarv 6. 2007: &
:,a;::I:~t~~:~' .~:~~.:~:~~ t~:at.:.:: ~:~;~ t~e~:::ie:~~;;:::;=~:~: ~~~~:~;~~nd
the lJDolicant reQueNted that Council rp.con:fIider their decition of denial-the ri'OUeitt for
reconsideration wtl.( annraved bv Council: and on March flh. the Council alJoroved the nroiect
based an the fallawinp: revised eleWJtions. withdrawal afthe rllouest for dirut acces." to
McMilla.n Road far the mll:tinp hamll. and a modification to the oriPinal reQuest (or reduction
to the ,wrel?t buffer width along McMillan Road from thl? reQuired 35 feet to 30 feet. inll:tead of
25 feet 11.( oril!inallv nrono.(ed. in the nortion that if adJacent to the m...ting house.
a. SummarY of Citv Council Public Hearing:
i. In favor: Ron Sar!P'ent. Portico. I.I.C (AnnlkantlOwner)
ii. In onnnllition: None
iii. Commenting: None
iv. Wqtten testimonv: None
v. Staff oresenting aoolication: Anna CannimJ
vi. Other staff commenting on annlication: None
h. Kev bsuell nfDillcus!!lion hv Cnunci~~
i. Reduction in the width of the reouired 3S-foot wide dreet huffer alan!!
McMillan Road:
ii. The Commislino-initiated nrovision in tbe DA that states ift,ot 17. Block 1
redeveloDS. re.subdivides. or if anv other modificatinns to the lot are made that
remdre the Citv to .slue a huildinp' nermit. that the full 35-foot wide street
buffer will need to be olatted & constructed alnnp- McMillan Road.
ill. Accellll tn the exilltin!! home via Beethoven Avenue nr White Hawk Street with a
turnaround on-site that will allow vehicles to null out onto Beethoven rather
than hack out: nnt allowio!! direct accesll to McMillan Road.
&! Kev CnllDcil Changes to Commilllinn Recnmmendation:
i. Reouire a Develooment Am-eement ffiA) that win include the follomn!!
nrovisionll:
~ ". 3D-foot wide landscane huffer shall be installed adiacent to the existing
home alOOfJ K McMillan Road: the remainder of the huffer shall be 3S-feet
wide as reouired bv 'IDC 11-2A.6. In return fnr aooroval of the reduced
buffer width. the aoolicant shall nrovide 44 additional shrubs and 3
additional treelil over and above code reouirements in the 'McMillan Road
litreet buffer. (Council eliminated the Commi..don-initiated rt!Quirellll?nt that if
Lot 17. Block 1 ever redevelon,... re-subdivides. etc.. that the landscane buffer
will hallf! to bl? chanpl?d.)
! The nnrth side nUhe drivewav from I,nt 17. Hinck 1 to Beethoven Avenue
shall be located SO feet south of White Hawk Street.
,!. The drivewav on I~ot 17. Blnck 1 shall be dethnlcd with a turn around 10
tbat vehicles exiting Lot 17 will he pullin.,. out onto Beethoven rather than
back out. A drawing of said drivewav and hlrnarnund shall be included as
an F,xhihit in the DA.
Portico Place Subdivision AZ-06-052, PP-06-053
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
! Direct lot a~~e.. to R. M~MiII~n Road is Drnhihited for aHlots within the
subdivi.ion. including I.ot 17. Block 1.
· Future attached home. within the subdivision lihall comnlv with the
elevations aDnrnved at the Citv Council hearinp' on March 6. 2007: a conv of
said elevations shall be included as an exhibit in the DA.
il. The Landscaoe Plan shall he revilied as follnwli:
· The land!icane buffer !ihan be 30 feet in width adiacent to the existin~ house
and 35 feet In width where the buffer l!i not adiacent to the existinp' hou!ie.
· A 3-foot wide gravel shoulder and barrow ditch ili reouired on the west side
of Beethoven Avenue adiuent to the Dronertv line within 40 feet ofrip-ht-of-
wav ncr the AClID reQuirement.
· LandscaDinp- adjacent to Beethoven Avenue on the west !iide of Lot 17. Block
1 shall be desiPDed to comolv with clear vision triamrle standard!i lin that
vehicles exitinp' Lot 17 are clearlv visible to traffic traveling on Beethoven.
ill. The Dlat shall he revi!ied a!i follows:
· Common Lot 16sha" he 30 feet in width adjacent to the existinl!' house and
35 feet in width where the buffer is not adiacent to the exi!iting house.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-052 and PP-06-053 as presented in the staff report for the hearing date of January 23, 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 deny File Numbers AZ-06-
052 and PP-06-053 as presented during the hearing on January 23, 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 Pile Numbers
AZ-06-OS2 and PP-Q6-Q53 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:
1780 E. McMillan Road
Section 29, T4N, RIE
Tax Parcel: S0529336250
b. Applicant / Owner:
Portico, LLC
1883 N. Wildwood Avenue
Boise, II) 83713
c. Representative: Ron Sargent, Portico, LLC
d. Present Zoning: RUT (Ada County)
Portico Place Subdivision AZ~O().(l52, PP-06-053
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF JANUARY 23, 2007
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request:: The applicant has applied for Annexation and Zoning
(AZ) of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) and
Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3
common lots for Portico Place Subdivision.. The building lots consist of 20 attached units, 5
detached units, and I existing detached home. The proposed gross density for the subdivision
is 5.03 dwelling writs per acre with a net density of 6.98 dwelling units per acre. A gazebo,
pathway, and parking areas are proposed within the conunon area located centrally within the
subdivision. Alternative Compliance is also being requested for a reduction to the street buffer
width along E. McMillan Road from 35 feet to 25 feet on the south side of the existing home.
1. Date of Preliminary Plat, Sheet PI (attached in Exhibit A): October 3,2006
2. Date of Landscape Planes), Sheet L1.1 and L1.2 (attached in Exhibit A): October 6,
2006
g. Applicant's Statement/Justification: Per the narrative submitted by the applicant, the applicant
is requesting annexation and zoning of 5.17 acres to R-8 and preliminary plat approval of 26
building lots consisting of single-family detached and attached homes with 3 common lots.
Alternative Compliance is requested for a reduction to the required buffer width along
McMillan Road from 3S feet to 25 feet along the south side of the existing home. As an
alternative to the width, 42 additional shrubs and 3 additional trees beyond the required
amount are proposed within the McMillan Road landscape buffer. The applicant is also
requesting that the current resident, Mrs. Buckley, continue to have direct vehicular access
from McMillan Road to her garage until such time as she no longer lives there. At that time,
the direct access would be eliminated and the house would be accessed solely by N. Beethoven
Avenue, an internal street. To guarantee that the access point to McMillan Road would be
removed and landscaping installed in the area where the driveway was, the applicant has
agreed to submit a cash surety to the City to be held Wltil the applicant removes the driveway
and installs the required landscaping in the street buffer.
5. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public
hearing is required before the City Council on this matter.
b. The subject application will, in fact, constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: December 4,2006, and December 18,2006
(Commission); January 1. 2007 and Januarv 15. 2007 lCity Counem
d. Radius notices mailed to properties within 300 feet on: November 22, 2006 (Commission);
December 29. 2006 lCity CouDeil)
e. Applicant posted notice on site by: December 8, 2006 (Commission); Januarv 8. 2007 aDd
Februarv 15. 2007 lCitv Council)
6. LAND USE
a. Existing Land Use(s): Single-family rural residential
b. Description of Character of Surrounding Area; A mix of single-family residential uses and
rural residential county land. This area is rapidly transitioning from rural to urban.
Portico Place Subdivision AZ-06-OS2, PP-06-053
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
c. Adjacent Land Use and Zoning:
1. North: Vacant land, zoned RUT (Ada County) and single-family residential (Sheridan
Place Subdivision), zoned R-8.
2. East: Single-family residential (Sheridan Place Subdivision), zoned R-8.
3. South: McMillan Road and Idaho Power Substation, zoned R-8.
4. West: Rural residential properties, zoned RI and RUT (Ada County). NOTE: The
parcel directly on the northeast comer of McMillan Road and Locust Grove Road is
currently requesting annexation and L-O zoning in the City (Woodland Springs).
There is one parcel between Portico Place and Woodland Springs.
d. History of Previous Actions: NA
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: This development is proposing sewer service via extension of
a sewer main in E. Roaring Creek Street.
Location of water: This development is proposing water service via extension of
mains in E. McMillan Road.
Issues or concerns: There is no direct right-of-way connection to this parcel
in the location of the sewer main therefore the applicant is proposing
extension through a common lot, between a sand and grease trap and
infiltration trench. Staff has some concerns of the practicality of excavation
so close to the storm. drainage facilities.
2. Vegetation: Landscaping and trees around the existing house
3. Floodplain: NA
4. CanalsJDitcheslJrrigation: No major facilities are located on this site, however all
ditches on this property shall be tiled per City Code. See Exhibit B below.
5. Hazards: NA
6. Proposed Zoning: R-8
7. Size of Property: 5.17 acres
f. Subdivision Plat Information:
1. Residential Lots: 26 (20 attached units, 5 detached units, and 1 existing detached
home)
2. Non-residential Lots: 0
3. Total Building Lots: 26
4. Conunon Lots: 3
5. Other Lots: 0
6. Total Lots: 29
7. Open Lots; 0
8. Residential Area: 5.17 acres
Portico Place Subdivision AZ-06-052, PP-06-053
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF JANUARY 23,2007
9. Gross Density: 5.03 units per acre (Net density: 6.98 units per acre)
10. Lot Sizes: Lot sizes range from 4,000 square feet to 7,054 square feet with one large
lot of 20,142 square feet (where the existing house is.)
g. Landscaping:
1. Width of street buffer(s): 35 feet required along E. McMillan Road; 25 feet proposed
along south side of existing house through Alternative Compliance. Forty-two
additional sluubs and three additional trees beyond the required amount are proposed
along the entire length of the McMillan Road landscape buffer in return for the
reduced buffer width. Landscape buffers along streets shall comply with UDC 11-3B-
7. See below for analysis regarding the proposed alternative compliance.
2. Width ofbuffer(s) between land uses: NA
3. Percentage of site as open space: 0.56 acres or 10.8% (6% usable open space)
4. Other landscaping standards: Landscaping must be provided within the street buffer
along E. McMillan Road and within the common lot on Lot 1, Block 3 in accordance
with UDC 11-3B-7 Landscape Buffers Along Streets and 11-3G Common Open Space
Requirements.
h. Proposed and Required Residential Setbacks: As per the R-8 zone for single family dwellings.
R-8 Dimensional Standards (in feet)
Setbacks Proposed Required
Front Living Area (from back of sidewalk:) 15 15
Side Accessed Garage (from back of sidewalk) 15 15
Front Accessed Garage (from back of sidewalk) 20 20
Side (5' public utility & drainage easement is required) 4 4
Rear 12 12
Frontage (detached, with garage facing street) 50 50
Frontage (detached, with shared driveway) 40 40
Frontage (attached) 40 40
Lot Size (detached, w/garage facing the front property line) 5,000 5,000
Lot Size (attached and detached w/shared driveway) 4,000 4,000
Maximwn Building Height 35 35
* No changes to the dimensional standards in UDC Table 11-2A-5 were requested.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole
access to the development will be provided from E. McMillan Road via N. Beethoven Avenue,
a proposed public street. The existing home currently has direct access to E. McMillan Road
and is requesting to keep this access until such time as the current resident no longer lives
there. A secondary access is also proposed to N. Beethoven Avenue for the existing home,
creating a semi-circular driveway. The Planning Department, the Police Department, and
ACHD are not supportive of the retention of the existing access to McMillan Road. A stub
Portico Place Subdivision AZ-06-052, PP-06-053
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
street for future connectivity is provided at the north boundary from N. Chopin Avenue for
access to the undeveloped County parcel to the north. In general, Staff is supportive of the
proposed roadway design except for the proposed direct lot access to McMillan Road for the
existing home.
7. COMMENTS MEETING
On December 1, 2006, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre
(see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 26 single-family lots
on 5.17 acres for a gross density of 5.03 dwelling units/acre. The proposed density lies within the
anticipated density of the Comprehensive Plan for this area.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
· Chapter VII, Goal ill, Objective A, Action 1 - Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide muniCipal services to the lands
proposed to be annexed in the following manner:
);> Sanitary sewer and water service will be extended to the project at the developer's
expense.
). The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
);> The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
);> The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
). The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
). The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian 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 VII, Goal N, Objective C, Action I . Protect existing residential properties from
incompatible land use development on adjacent parcels.
Portico Place Subdivision AZ-06-052, PP-Q6-0S3
PAGE 7
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
The. applicant is proposing a residential zone. Staff finds that the proposed development is
compatible with the existing residential uses that surround the property.
. Chapter VIT, Goal I, Objective C, Action 4 - Require new residential development to meet
development standards regarding landscaping, signage, fences and walls, etc.
Landscaping and fencing is proposed and will be provided on the site in accordance with
UDe 11-3B and UDC lJ-3A-7as shown on the landscape plan submitted with the
application. Signage for the subdivision is required to comply with UDC II-3D and will
require separate sign permit approval.
. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on
collectors and arterial streets.
The applicant has proposed to temporarily retain the existing access to McMillan Road for
the existing house. However, Staff is requesting that the access be terminated and access to
the house be provided solely from N Beethoven Avenue, in compliance with the
Comprehensive Plan, and at the request of the Meridian Police Department, and ACHD.
. 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.
Sixfoot tall solid fencing is proposed along the west, east, and south boundaries per the
landscape plan. The existing fencing, consisting of barb wire and a small section of 6-foot tall
cedar fencing, along the north boundary is proposed to remain; However, Staff is requesting
that the existing barb wire section be replaced with fencing to match the rest of the fencing on
the site). Perimeter fencing is required to be installed prior to issuance of building permits
(see Section IO below and Exhibit B).
. Chapter VII, 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-8 medium-density zoning designation.
The subject property is located adjacent to land zoned R-8 and land zoned RUT (roral urban
transition) in Ada County. The applicant is proposing both attached and detached units,
which Staff believes will provide the City with a variety of housing types. Staff finds that the
requested zoning designation is consistent with the Comprehensive Plan designation for this
site.
. Chapter VII, Goal IV, Objective C, Action 3 - Require usable open space to be incorporated
into new residential subdivision plats.
The applicant is providing 6% usable open space located centrally within the subdivision
with a gazebo, walking paths, and parking areas.
. Chapter VI, Goal II, Objective A, Action 6 - Require street cOlUlections between subdivisions
at regular intervals to enhance cOlUlectivity and better traffic flow.
One stub street is proposed at the north boundary which will provide fUture connectivity for
the property to the north when it develops.
Portico Place Subdivision AZ-06-052, PP.06.053
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
9. UNlFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family attached and detached
dwellings as principal permitted uses in the R-S 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 Facts Leading to Staff Recommendation
ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan, Staff believes that the requested R-8 zone is appropriate for this property.
Please see Exhibit D for detailed analysis of the required facts and fmdings for annexation.
The annexation legal description submitted with the application (prepared on October 2,
2006, by Robert Hinckley, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Development Agreement: UDC 1I-5B-3D2 and Idaho Code ~ 65-6711A provides the
City the authority to require a property owner to enter into a Development Agreement
(DA) with the City that may require some written commitment for all future uses. Staff is
not reconnnending that a DA be entered into at this time. However, the Commission and
Council may require a DA if they deem it necessary at the public hearing.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Code, Staff believes that this is a good location for the proposed single-family residential
development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary
plat.
Dimensional Requirements of the R-8 zone per UDC Table 11-2A-5: All proposed
lots, except for Lot 2, Block 1, meet the dimensional requirements of the R-8 zone for
property size & street frontage. Lot 2, Block 1 does not meet the minimum 40-foot street
frontage requirement; Staff has included a condition that the plat be revised to meet this
requirement (see Exhibit B). The lots along the east boundary that abut Sheridan Place
Subdivision average about 4,415 square feet; the abutting lots in Sheridan Place
Subdivision average about 8,543 square feet, with the largest lot being 15,420 square feet
at the southwest comer. All of the proposed lots along the east boundary will be for
attached dwellings. Al1Iots shall meet the minimum setback & maximum building height
requirements stated in UDC Table 1I-2A-5 and #6h above.
NOTE: Alternative Compliance is requested for a reduction in the street landscape buffer
width along E. McMillan Road, an Entryway Corridor, from 35 feet to 25 feet for the
portion on the south side of the existing house. See Alternative Compliance below for
analysis.
Landscaping: Two landscape plans were submitted for this project, Sheet Ll.I labeled
"No McMillan Access" and Sheet L1.2 labeled "McMillan Access". Sheet L1.2 is not
approved. The landscape plan prepared by Jensen Belts Associates, on 10-06-06, Sheet
Ll.2 "No McMillan Access," is approved with the following modifications/notes:
Portico Place Subdivision AZ-06-052, PP-06.053
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNO DATE OF JANUARY 23, 2007
· Widen the McMillan Road landscape buffer from 19 feet to 25 feet in front
of the existing house (as mentioned in the narrative letter). Construct the
McMillan Road landscape buffer in accordance with the UDC requirements,
as amended with the Alternative Compliance request. Provide landscaping
(shrubs and trees) in the area where the driveway was proposed to remain.
· Per UDC 1l~3G-3A, set aside at least 6% (0.31 of an acre) of the site for
useable open space, as proposed.
· Per UDC 11-3B-IO, the applicant shall work with the City.Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
· A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan and submitted to the Planning Department upon completion of the
landscaping prior to Certificate of Occupancy for the site. All standards of
installation should apply as listed in UDC 11-3B-14.
Note: A 6-foot wide strip of landscaping is shown along the west side of N
Beethoven Avenue; AClID's report states that the west side should have a 3-foot
wide gravel shoulder and barrow ditch adjacent to the property line within 40
feet of right-of way (see ACHD report, Site Specific Condition of Approval #5).
Submit copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the fmal plat application(s).
Common Areas/Open Space: The applicant has provided 0.31 acres (6%) of
landscaped usable open space, meeting the 5% minimum required by UDC 11-3G-3A-1.
A 13,520 square foot common area is proposed within the center of the development with
a gazebo, pathway, and parking areas located at each end of the common area.
Maintenance of all common areas shall be the responsibility of the Portico Place
Subdivision Homeowners Association. Staff is supportive of the proposed open space and
landscaping shown on the landscape plan with the conditions of approval listed in Exhibit
B.
Alternative Compliance: Alternative Compliance is requested for a reduction to the
required buffer width along McMillan Road from 35 feet to 25 feet along the south side
of the existing home. Due to the current location of the home, the buffer width would go
right up to the existing structure. In rerum for the reduced width, 42 additional sluubs and
3 additional trees beyond the required amount will be planted along the entire length of
the McMillan Road landscape buffer. Staff is supportive of the request for Alternative
Compliance and the applicant's proposal to provide additional landscaping.
Common Drives: Lots 7-10, Block 2 and Lots 13-15, Block 1 shall be accessed by
common drives and the owners of said lots shall be responsible for the maintenance
thereof. Staff recommends approval of the common drives shown on the plat and has
included conditions of approval for said common drives in Exhibit B. All conunon drives
shall meet the requirements ofUDC 11-6C-3D.
Access: Access to the subdivision is proposed from E. McMillan Road via N. Beethoven
Avenue. No on-street parking is allowed on N. Beethoven Avenue, as it is a reduced
street section. On-street parking is only allowed on one side ofN. Portico Avenue and N.
Chopin Avenue, which connect to Beethoven Avenue. No parking signs shall be installed
accordingly. Access to the existing house is proposed to remain temporarily from E.
McMillan Road until the current resident no longer lives there. An additional access is
also proposed to N. Beethoven Avenue for the existing house. Staff is not supportive of
Portico Place Subdivision AZ.06-052, PP-06-053
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007
the request to retain the existing access to McMillan Road for Lot 17, Block 1 because
the Comprehensive Plan (limits access to arterials), the Police Department, and ACIID
are not supportive of additional access points onto arterial roadways other than those
required for subdivision access (see Section #8 above and Exhibit B). Also, an additional
access point for the existing home would be located approximately 45 feet from the
access point for the proposed subdivision (N. Beethoven Avenue). If approved, this
would potentially create a safety hazard for traffic exiting/entering either of the access
points at the same time.
Elevations: The applicant has submitted several examples of single-story typical
elevations for the attached and detached units proposed in this subdivision. Staff
recommends approval of the proposed elevations; however, Staffis concerned about the
layout and access of the attached unit proposed on Lot 7, Block 2. This lot is
required to take access from the common drive and the other half of the attached
unit, Lot 6, will take access from N. Portico Avenue. Staff recommends that the
applicant bring, to the Commission hearing, a site plan showing the footprint of the
homes on Lots 6 and 7 and elevations of the homes that show how these homes will.
look from the street. The aDDlicant Drovided a site Dlan at the Commission meetin2
showin2 how Lot 7. Block 2 would access the common drive (the drivewav curves
slie:htlv to the common drive): no elevations were Drovided. as the footprint ofthe
buildinl! is not affected.
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 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
Stub Streets: The applicant should be required to provide a public stub street to the
property to the north (Parcel #80529336100) as proposed on the plat. A temporary turn-
around is not required as the length of the stub does not exceed 150 feet in length.
Existing Residence: The site currently contains an existing residence located on Lot 17,
Block 1 that is proposed to remain. The existing home meets the setback requirements of
the requested zone. The applicant has stated to Staff that the existing house will remain
on the site after the current resident no longer resides there. Direct lot access for the
existing residence to E. McMillan Road is not supported by Staff, the Police Department,
and ACHD. Access should be taken internally from N. Beethoven Avenue.
Fencing: Six-foot tall solid perimeter fencing is shown on the landscape plan at the west,
east, and south boundaries. The existing fencing is proposed to remain along the north
boundary, which consists of barb wire with a small section of 6-foot tall cedar fence.
However, Staff is requesting that the applicant provide fencing to match the rest of
the fencing proposed on the site where the barb wire fence currently exists as UDC
11-3A-7A3 does not allow barb wire fencing in the R-8 zone. The applicant should
submit a detailed fencing plan with the final plat application for the subdivision. All
perimeter fencing must be installed prior to issuance of building permits. Fencing should
taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing shall be
installed in accordance with UDC 11-3A-7.
Portico Place Subdivision AZ.06.052, PP-06-053
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
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.
b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-
052 and PP-06-053 substantially conform to the Comprehensive Plan policies and UDC
standards. Staff recommends approval of said AZ and PP applications, and the request for
Alternative Compliance, subject to the conditions listed in Exhibit B. The Meridian
Planoinll and ZooiD!! Commission heard these items on December 21. 2006. At the public
hearine: they moved to recommend approval. The Meridian Citv Council heard these items
on .Januarv 23. 2007~ 'Fehmarv 6. 2007~ & March 6.. 2007. At the DubUc hear", on March
6.2007. the Council auoloved the subiect AZ and PP reQuest. (Oil .Talluarv 23' . the Coullcil
denied the .'iuhiect annlications: Oil F'l!hruarv 6'h. thl! annlicant reQuested that Council
recondder their deei.'iion o( denial-the reQue.u (or recon.'iideratioll wa,\' annroved bv Council:
and on March 6'h. the Council annrol'ed the nro;ect hated on the (ollowin!!: revised elevations.
withdrawal o(the reaue.\'t (or direct acces,\' to McMillan Road for the m.'itin!! home. and a
modificatioll to the original reQuest (or reduction to the street buffer width alon!! McMillan
Road (rom thp- reQuired 35 (eet to 30 (eet. in dead of 25 feet as orip/nal/v nrqnm;ed. in the
norlion that i\' adiacent to the exi'itillP house.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (Dated: October 3, 2006)
2. 1.iluise"il Phm. Eft@et 1.1.1 ~8t@d: Qe11il8er €ii, ]QQ6) 1hHlll_ /> BIHlIiB (Net
_dljrJ. Ji.)
3. Landscape Plan - Sheet Ll.2 (Dated: October 6,2006) - No McMillan Access
4. Elevations (ADDroved at the March 6. 2007 Citv Council meeting)
5. Drivewav aeeell to N. Beethoven Avenue for Lot 17. Block 1
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. Idaho Power Company
C. Legal Description & Exhibit MaphD. Required Findings from Unified Development Code
Portico Place Subdivision AZ-06-052, PP-06-053
PAGEJ2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
A. Drawings
1. Preliminary Plat
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF JANUARY 23,2007
2. l.8fttiaeapll Pl. EBB. ~1.1 ~bl1i1l_ Ace CUll) ~QT _\PROVED}
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23. 2007
3. Landscape Plan - Sheet Ll.2 (No McMillan Access)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF JANUARY 23,2007
4. ElevAtion. (Annroved At the March 6. 2007 C.itv Council Meeting)
..
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HBARING DATE OF JANUARY 23, 2007
5. Drivewav access to N. Beethoven Avenue for "ot 17. Blnek 1
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PROPlliEl
DRIVEWAY
ACCESS TO N.
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E. MQlILLAN RD
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PORTICO PLACE SUBDIVISION
Driveway Plan
Lot 17, Block 1
03/19/2007
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
B.. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (prepared OIl October 2, 2006, by
Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
1.1.2. Prior to the annexation ordinance approval. a Development A2reement (DA) shall be
entered into between the City of Meridian. prooertv owner(s) (at the time of annexation
ordinance adoption). and the developer. The applicant shall contact the Citv Attornev. Bill
Nary. at 888-4433 to initiate this process. The DA shall incorporate the followine:
- If LIt 1,. Bluli 1111 dlVIIlDs. n s1IlumidllS. Of if &'" other .llIlifieati.la8 t8 tile lut an
.aell tIt.t runlire tke eit!; tu i!i1l1le a InlildiIJe IlIl.... at that timl! . BIlW IIlat ,,'Wlu
I'elmFlul that @u.B6Il1l witll tile Ji nllt l'.1'ille l.adse.p@ Intff@r nil_cd aIOBH: E.
Ucl\liIlaB Road.
. The existinti! direct access to E. McMillan Road from the existinl! house shall be
terminated and aeees! to the house shall be taken internallv from N. Beethoven Avenue:
direct lot access to E. McMillan Road is prohibited.
. A 3D-foot wide landseane buffer shall be installed adjacent to the existin!! home alon!! E.
McMillan Road: the remainder of the buffer shall be 3~-feet wide as reouired bv {IDC
11-2A-6. In return for annroval of the reduC!ed hldter width. the annlicant shall nrovide
44 additional shrubs and 3 additional trees over and above code reouirements in the
McMillan Road street buffer.
. The north side oUhe driveWAv from Lot 17. Blork 1 to Beethoven Avenue shall be
located SO feet sOllth of White Hawk Street.
. The drivewav on I,ot 17. Block 1 shall he designed with a turn around so that vehicles
exitin!! Lot 17 will be DI~lIin~ out onto Beethoven rather than back out. A drawin~ of
said drivewav anq. t..rnaround shall he included as an Exhibit in the DA. (See Rxhibit
AS of this staffrenort.)
. Future attaC!hed homes within the subdivision shall C!omnlv with the elevations aonroved
at the Citv' Council hearinR on March 6. 2007: a CODV ofRaid elevations shall be included
as an exhibit in the DA. (See Exhibit A4 of this Itaif renori.)
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet P1, prepared by The Land Group, dated October 3,2006, is
approved, with the conditions listed herein. All comments and provisions of the accompanying
Annexation and Zoning application (AZ-06-052) and any future development agreement shall
also be considered conditions ofthe Preliminary Plat (pP-06-053).
1.2.2 The landscape plan prepared by Jensen Belts Associates on October 6, 2006, and labeled Sheet
L1.2 is approved with the following modifications/notes:
. Per UDC 11-3G-3A, set aside at least 6% (0.31 ofan acre) of the site for useable open
space, as proposed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
. Per UDC 1l.3B.lO, the applicant shall work with the City.ATborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site.
· The applicant's request for Alternative Compliance along McMillan Road and the
existing house is approved. Widen the street buffer along McMillan Road on the south
side of the existing house from 19 feet to ~ 3.0. feet as pr~pll8lHl ill ill@ applill8fl.t's
R8mltV:ll and provide landscaping (shrubs and trees) in the area where the driveway
was proposed to remain.
. Except for adjacent to the existing house, provide a 35-foot wide landscape buffer
along McMillan Road.
. FortY-four additional bushes and three additional trees. over and above code
reouirements. are reuuired to be olanted within tbe street buffer alon!;! McMillan
Road in return for the reduced buffer width aooroved thromrh Alternative
Comolianee.
. A 3-foot wide pravelshoulder and barrow diteh is reuuired slonp' the west ~ide of
Beethoven Avenue adiacent to the orooertv line within 40 feet of ri!;!ht-of-wav oer
reunirement of ACHD: no landscaoimr is allowed in this area oer ACHD.
. Landse_nin!;! adiacent to Beethoven Avenue on the west side of I.ot 17. Block 1
_hall he de_ipned to meet the clear vision trianple standards oer UDC 11-3A-5 10
that vehieles exiting I"ot 17 are clearlv vhdhle to traffic traveling on Beethoven.
. A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11.3B.14.
Note: A 6-foot wide strip of landscaping is shown along the west side of N Beethoven
Avenue; ACHD 's report states that the west side should have a 3-foot wide gravel shoulder
and barrow ditch adjacent to the property line within 40 feet of right-of-way (see ACHD
report, Site Specific Condition qf Approval #5).
Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by Staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the fmal plat application(s).
1.2.3 No on-street parking is allowed on N. Beethoven Avenue; install signage accordingly. On-
street parking is only allowed on one side ofN. Portico Avenue and N. Chopin Avenue; install
signage accordingly.
1.2.4 The existing direct access to E. McMillan Road from the existing house shall be terminated and
access to the house shall be taken internally from N. Beethoven Avenue.
1.2.5 Remove the graphic depiction of the existing driveway to the existing house and associated notes
from the plat. Place a note on the face of the final plat prohibiting direct lot access to McMillan
Road.
1.2.6 The address for the existing house may need to be changed from E. McMillan Road to N.
Beethoven Avenue (contact Tricia Biemen, 898-5500 for more infonnation).
1.2.7 Widen the common lot (Lot 16, Block 1) along McMillan Road on the south side of the existing
house from 19 feet t~ 3.0 feet as Pflllll'llI8lilB in ill@ aJl)!lli888.t's IlttRat~;8 as aooroved bv the Citv
Council. The remainder of the buffer that is not adiacent to the existing- house shall be 35
feet in width.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF JANUARY 23,2007
1.2.8 All existing buildings on the site that do not meet setbacks shall be removed prior to signature on
the final plat.
1.2.9 An 11-foot wide ACHD sidewalk easement is required to be placed on the plat for the sidewalk
along E. McMillan Road.
1.2.10 Trash pick-up for the existing house on Lot 17, Block 1 shall be located on N. Beethoven
Avenue.
1.2.11 Lot 2, Block 1 does not meet the minimum 40-foot wide street frontage requirement for the R-8
zone; revise plat to meet this requirement.
1.2.12 Fencing installed on the perimeter boundary of Lot 2, Block 1 shall be restricted to 4-foot tall
closed vision fencing or 6-foot tall open vision fencing to provide visibility to the common area
(Lot 1, Block 1) on the north and east sides of the property.
1.2.13 Permanent perimeter fencing shall be installed along the north boundary of the subdivision in the
section where the barb wire fencing currently exists to match the rest of the fencing proposed on
the site at the perimeter boundary (6-foot tall solid).
1.2.14 Perimeter fencing must be installed along the boundary of the subdivision prior to issuance of
building permits to prevent debris from blowing onto adjacent properties during construction.
Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing
shall be installed in accordance with tIDC 11-3A-7.
1.2.15 Maintenance of all common areas shall be the responsibility of the Portico Place
Subdivision Homeowners Association.
1.2.16 Include a note on the final plat that Lots 7, 8,9, and 10, Block 2 and Lots 13,14, and 15,
Block 1 shall take access from the proposed common drives and owners of said lots shall
maintain the common drive. The common drive easement should also be shown graphically
On the plat. Widen the common drive easement SbOWD for Lots 7, 8, 9, and 10, Block 2, to
the edge of Lot 10 to meet the requirement of UDC 11-6C-3D for access to the common
drive. All common drives shall meet the requirements of UDC 11-6C-3D. UDC 11-6C-3D7
requires setbacks, and orientation of the lots and structures to be shown on the plat; building
setbacks shall be measured from the edge of the common driveway easement or property lines,
whichever is more restrictive. Single-family dwellings shall have a two-car garage and a 20' x 20'
parking pad on the lot. The asphalt for the common driveway should not count towards the
required parking pad area.
1.2.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural wateIWays, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department prior to construction plan approval. Iflateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC 11-3A-1 7.
1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
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 a1l1andscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted 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.
1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If
pennanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences shall taper down
to 3 feet maximum within 20 feet of all right.of-way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11.6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of a sewer main in E.
Roaring Creek Street to the north. There is no direct right-of-way connection to this parcel
therefore the applicant is proposing extension through a conunon lot, between a sand and grease
trap and infiltration trench. Staffhas some concerns of the practicality of excavation so close to
the storm drainage facilities. During plan review the applicant shall coordinate with the Public
Works Department and acceptable routing of this sewer. This may include, but not be limited to,
an extra manhOle, reconfiguration of the infiltration trench, removal/replacement/relocation of the
sand and grease trap, or placing the sewer main in a sleeve which conforms to the City of
Meridian's Standard Specifications.
2.2 The applicant shall install sewer mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.3 Water service to this site is being proposed via extension of mains in E. McMillan Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 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 finalized prior to construction plan approval. The detailed agreement
with the reimbW'sable amount shall be approved by Council prior to plat signature.
2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
right of way (include all water services and hydrants).
2.6 The applicant's application indicates the required pressurized irrigation system in this
development is to be owned and maintained by Settlers Irrigation District. It is staff s
understanding that the pj. pump station they are proposing to connect to is owned and maintained
by the Sheridan Place HOA. Prior to construction plan approval, the applicant shall submit
documentation from the Sheridan Place HOA approving connection to this system.
2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"fmal draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-ronnd
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface 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.
2.9 With the final plat, the applicant shall dedicate a 5-foot wide Public Utilities, Drainage and
Irrigation easement along all interior lot lines not spanned by an attached unit.
2,10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
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 pUIposes 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 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.
2.15 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
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.16 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.
2.17 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.
2.18 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.
2.19 It shall be the responsibility ofthe applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.20 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.21 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.22 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.
2.23 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.
2.24 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.
2.25 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. Typicallocations are at street intersections and/or fire hydrants, and no fi.u1her 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 No on-street parking shall be allowed on N. Beethoven Avenue.
3.2 On-street parking shall be allowed only on one side ofN. Portico Avenue & N. Chopin Avenue.
3.3 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.4 Acceptance of the water supply for fne protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.5 Final Approval of the rrre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
Exhibit B
CITY OF MERJDlAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARJNG DATE OF JANUARY 23,2007
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 pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the !FC 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 common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and be capable of supporting 75,000 pounds.
3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather swface 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 proposed 26 lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 75.4 residents at build out.
3.8 The Fire Dept. has concerns about the addressing of the existing house and the address being visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing.
3.9 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT
4.1 The Police Department has concerns with Lots 15 of Block 1 and Lot 8 of Block 2, as they create
residences that will be isolated from their surrounding neighbors.
4.2 Any interior fencing on Lot 2, Block 1 shall allow visibility from the street or shall not exceed
four feet in height if solid fencing is used.
4.3 Existing house should take access from inside subdivision.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11~3B-1O) 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 11-3B~10) will be followed.
6. SANITARY SERVICE COMPANY
6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall
install a concrete pad at the end of the common drive no more than five (5) feet behind the
Exhibit B
CITY OF MERIDIAN PLANNING DEPARtMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences
that take access from the common driveway.
7. ADA COUNTY HICHW AY DISTRICT
7.1. SITE SPECIFIC CONDITIONS
7.1.1 Construct E. Whitehawk Street as a 36-foot street section with rolled curb, gutter, and 5-foot
attached concrete sidewalks within 50-feet of right-of-way.
7.1.2 Construct North Chopin Avenue (the stubbing section) as a 29-foot street section with rolled
curb, gutter, and 5-foot attached concrete sidewalks within 42-feet of right-of-way; and obtain
ftre department approval for the reduced street section.
7.1.3 Construct N. Chopin Avenue (the primary internal section, abutting Lot 1 of Block 3) as a 29-foot
street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the east side,
within 42-feet of right-of-way; and obtain fire department approval for the reduced street section.
7.1.4 Construct N. Portico Avenue (abutting Lot I of Block 3) as a 29-foot street section with rolled
curb and gutter, and a 5-foot attached concrete sidewalk on the west side, within 42-feet of right-
of-way, and obtain ftre department approval for the reduced street section.
7.1.5 Construct N. Beethoven Avenue as a half street section with 26-feet of pavement, rolled curb,
gutter, and 5-foot attached concrete sidewalk on the east side and 3-foot gravel shoulder and
barrow ditch on the west side (adjacent to the property line), within 40-feet of right-of-way, in
compliance with District policy.
7.1.6 Dedicate either 38-feet or 48-feet of right-of-way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed (48-feet if the sidewalk is to be located within the right-
of-way). Staffhas spoken with the applicant after the issuance of the original report. It has been
determined at this time that a right-oi-way dedication of 3 7-feet from centerline would he
acceptablefor McMillan Road due to site constraints. If the applicant chooses to dedicate 37-feet
of right-of-way, the sidewalk easement should be increased to J J.jeet. The right-of-way purchase
and sale agreement and deed must be completed and signed by the applicant prior to scheduling
the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or
other required pennits), whichever occurs f11'st. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will be paid the fair
market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if
the owner submits a letter of application to the impact fee administrator prior to breaking ground,
in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if
funds are available.
7.1.7 Construct a 5-foot concrete sidewalk no closer than 41-feet from the centerline of McMillan Road
to match improvements to the east (Sheridan Place Subdivision). If the sidewalk is located
outside of the right-of-way, the applicant should provide a sidewalk easement.
7.1.8 Any existing driveway access to McMillan Road should be closed to match improvements;
thereby restricting all of the site's access to the internal streets, to be noted on the final plat. All
lot access within this subdivision should be located a minimum of 50-feet from the intersection of
any two public streets (measured near edge to near edge).
7.1.9 Construct the stub street to the north, N. Chopin Avenue, approximately 105-feet west of the east
property line as a 29-foot street section with rolled curb, gutter, and a 5-foot attached concrete
sidewalk: within 42-feet of right-of-way. This street should be signed as follows: "TillS STREET
WILL BE EXTENDED IN THE FUfURE."
Exhibit B
7.2
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
7.2.10
7.2.11
7.2.12
7.2.13
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
7.1.10
Construct pedestrian pathways (in lieu of sidewalk) across Lot 1 of Block 3, and stripe all
intersections of walking paths as cross walks (from the end of path to the adjacent public
sidewalk).
Comply with all Standard Conditions of Approval.
7.1.11
STANDARD CONDITIONS
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
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 me numbers) for
details.
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.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
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.
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.
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.
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 confinnation of any change from the Ada COWlty Highway District.
Any change by the applicant in the planned use ofthe 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
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.
CITY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007
8. CENTRAL DISTRICT HEAL TB DEPARTMENT
8.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 Central sewage and central water plans must be submitted to and approved by the Idaho
Department of Health & Welfare.
8.3 Run..off is not to create a mosquito breeding problem.
9. IDAHO POWER COMPANY
9.1 Idaho Power, upon receipt of a formal request, may possibly need to upgrade existing
infrastructure in order to provide electrical services to this development.
9.2 There is an existing 138 kV line so Idaho Power requests a 25 foot setback from the center of the
line be a no building zone.
9.3 The applicant should contact the local Idaho Power Company Operations Center with a formal
request for service.
Exhibit B
CITY OF MERIDIAN PLANNiNQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007
C. Legal Description & Exhibit Map
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EXHfBIT A
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R.ezone and Annexation Description
for Portico, LLC
Job NCI..04097 101212008
Land In the SW114Of1he SW114 of Section 2~. T4N, R~E, B.M.,CityC!fMtirlctlan. Ada"CoiiritY,
Idaho, cIeIcrIbed as fOllows:
COMMENCING ill the SOUlhWestConier ~ Slid SW1/4 (SOulh_ com. iif'S8Clfon 29>.
~ by ~ bl'888QIP as per ccmiir perpeluatton ~. .... No. 081'112'51:
1tMiru:e, along the SCluth Une,Clhaid Section 29: South 89'>12'28" E.~ 485.SOfeet 10 tl!le POINT
OF BEGINNING; .... ' "
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. ~ NClI'th 02-1'2141. East. 664.45 feet;
thence South 89"20'43" East, 339.19 feet;tD3 fDlJ!:ld 5J81nch....wllh II plMtic:c3p~mani'.
"PLS 4431' and being an angle pcintCln the,~n~ary of Shertdan Place SllbdMSion, as per the
PlIIt thereof, in Book 92, lit Page 1DB86,Ads County, Id8h!' Plat Reaorda;
tIlenc:e liIIang said Subdlvialon bDUndslY, South 02.16'~. Weet. 886.28 feel to a /Du,nd 518 Inch
rebar,wIth a p/astiG cap rnaric8d .PlS -443,' on the South line ,of ..., SedIi:Jn 29, Mid rebar
marking the "Real PoInt Of Beginning' on !tie PlstClf said Sheridan PIa Subdlvieio,,;
thence &,long said SOuth SeciIon Una, NClf1h 89"12'28" Wast. 338.55 feet, to the POINT OF
BE,BlNNING;
Conlalnlng 5.17 8CI'8$ Of' 225,224 6ClUb fel!rt. more or less, &rid subject to any 8aHmenls or
rt;hIs-of-way of record or Glhsrwlse existing.
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Exhibit C
CITY OF MERJDJAN PLANNING DEPARlMENT STAFF REPORT FOR TIlE HEARING DATE OF JANUARY 23,2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUAR.Y 23,2007
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:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8. The City Council
fmds that the proposed zoning map amendment complies with the applicable provisions
of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section
8, of this Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that single.family residential dwellings are allowed within the
requested zoning district of R-8 as Principal Permitted Uses. The accompanying plat
demonstrates the development will provide for a range of housing opportunities with the
proposed attached and detached dwellings.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare. Staff recommends that the Commission and Council
rely on any oral or written testimony that may be provided when detennining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon delivery of services by any political subdivision providing services
to this site, as conditioned in the staff report.
5. The annexation is in the best of interest ofthe City (UDC 1l-SB-3.E).
The City Council finds 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 general compliance with the City's
Comprehensive Plan, and this is a logical expansion oithe City limits. In accordance with
the findings listed above, Tbe City CouncR finds that Annexation and Zoning of this
property to R-8 would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shaD make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council fmds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan. The City Council supports the proposed density and
proposed plat layout, with recommended changes, as they comply with the provisions of
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF JANUARY 23, 2007
the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8,
of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council fmds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled pUblic improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the City Council fmds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., Police, Fire, ACHD, etc.) to determine this fmding. (See Exhibit
B, Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Staff is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Councilor Commission's
attention. ACHD considers road safety issues in their analYSis. Staff recommends that
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.
6. The development preserves significant natural, sceDic or historic features.
The City Council is unaware of any natural, scenic, or historic features on this site.
Therefore, The City Council fmds that the proposed development will not result in the
destruction, loss or damage of any natural, scenic or historic feature(s) of major
importance. Staff recommends that the Commission and Council reference any public
testimony that may be presented to detennine whether or not the proposed development
may destroy or damage a natural or scenic feature(s) of major importance of which staff
is unaware.
Exhibit D