Bellabrook Villas RZ 07-006ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45 ',
BOISE IDAHO 01/25/08 10:31 AM
~ DEPUTY Bonnie Oberbillig III LIII'IILLI'LIIIILIIIILIIIIIIII IIII
RECORDED-REQUEST OF
Meridian Ciry 10008769
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. J.E. Development, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this ~~~~ day of flu , 200, by and between City of Meridian, a
municipal corporation of the State of Idaho, ereafter called CITY, and J.E. Development,
LLC, whose address is 1854 E. Lanark, Meridian, ID 83642, 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. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and
has requested a designation of R-15 (Medium-High Density
Residential District), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS
PAGE 1 OF 9
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 14`h day of August, 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 OWNER/DEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
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 (RZ 07-006) BELLABROOK VILLAS
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 of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to J.E. Development,
LLC, whose address is 1854 E. Lanark Street, Meridian, Idaho 83642
the party that owns and is developing said Property and shall include
any subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned and R-15 (Medium-
High Density Residential District), attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2A-2 which are herein specified as follows:
34 multi family condominium units on 4.38 acres, and the pertinent
provisions of the City of Meridian Comprehensive Plan are
applicable to this RZ 07-006 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
The development of this site shall substantially comply with the site
plan and conceptual elevations submitted with the application (shown
in exhibit C) and presented at the public hearing.
DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS
PAGE 3 OF 9
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the 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 consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to OwnerlDeveloper and if the Owner/Developer fail 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:
9.1 In the event Owner/Developer, or Owner/Developers' heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS
PAGE 4 OF 9
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
OwnerlDeveloper's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe 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.
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
DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS
PAGE 5 OF 9
under Meridian City Code §11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developerdgrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragrees 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83b42
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWrIER/DEVELOPER:
J.E. Development, LLC
1854 E. Lanark Street
Meridian, Idaho 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.
DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS
PAGE 6 OF 9
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 ofthe 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 OwnerlDeveloper, 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 Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS
PAGE 7 OF 9
21.1 No condition governing the usesand/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER
J.E. DEVELOPMENT, LLC
BY:
MAYOR TA Y de WEERD
ATTEST: ~ ~°~°gTFo
WILLIAM G. BERG, JR CI ~~~~, P ~~,~ ,~~ \`
~.'~~,., P
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DEVELOPMENT AGREEMENT (RZ U7-006) BELLABROOK VILLAS
PAGE 8 OF 9
STATE OF IDAHO, )
County of Ada,
ss
200, before me
On this 18 }"h day of ~'Qy~~pv ,the
undersigned, a Notary Public in and for s id State, personally appeared
Z..~. Q~a~~Soh. known or identified to me to be the
iM a ~1~~` of J.E. DEVELOPMENT, LLC 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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STATE OF IDAHO )
Notary Publ' for Idaho
Residing at: /,~s~ ~G-'~i~~
My Commission Expires: /~v~/UG(! 1
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County of Ada )
On this 2~ day of la. - , 200 before me, a Notary
Public, personally appeared Tammy de Weerd and William .Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Commission expires: ~~ - (~ -u
DEVELOPMENT AGREEMENT (RZ 07-Q06) BELLABROOK VILLAS
PAGE 9 OF 9
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L~aal .i~.escriatii~n
~el~~brook ~li~las
A parcel of land located in the NIN %~ af. ttie NV1~''/.a of 'Section 17, Township 3 Ns~rth, .Range 1
East, Boise Meridian, Ada.Courity, Idaho, and more.par#iculariy described as ftillaws:
Commencing at a brass cap monument rnarttirig .the r~orfhwest comer of said NW ~a of the
NW % from which a brass cap monument rnarkag the southwest corner of the NW % of said
Section 17 bears 5 0°31'43° ~ a distance of 2658.'74 feet;
Thence S 0°31'43" W along the westerly boundary of said NW '1 of the NW '/a a distance of
890.67 #eet to a pain#;
Thence leaving .said westerly boundary S 89°57'19" E a distance of 48.00 feet #b a l inch
diameter iron pin on the easteriy right=of--way of S. Locust Grove. Read and the PtlINT OF
BEGINNING.;
Thence continuing S 89°57'19" E a distance of 94A;94 feet #a a 518`}nch.diameter iron pin;
Thence S 0°29`13" W a distance of 77.x2 #eet to a'/ inch diameter'rron pin;
Thence N 85°59'3'T" VV a: distance of 567.'7 feet #o a 518 inch diameter.iron pin;
Thence S 0°32'24"' W a distance cif 31{1.91 feet to a °~ inch diameter iron pi-;
Thence N g9°5$'07" W along a line 50.00 feet north of and parallel to the southerly boundary oi•
said NW 1 of the NW ~ a distance of 377.18 feet to a 5/8 inch diarnieter iron pin an the easteriy
right-of-way of S. Locust Grave Road;
Thence N Q°31'43° E along said easteriy right-af way a distance of 388.90 feet:to the PUIN'~ OF
BEGINNING.
This parcel contains 4.38 acres. and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
land Solutions, PC
May 11, 2006
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8ellabrvo3s Subdivision
,Jbb: No. 06-38
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
CITY !]F
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In the Matter of the Request for Rezone of 4.38 Acres from R-8 (Medium Density
Residential) to R-15 (Medium High Density Residential); Conditional Use Permit for multi-
family residential use in a proposed R-15 zone; and Approval of Private Streets within the
Proposed Multi-family Development, for Bellabrook by J. E. Development, LLC.
Case No(s). RZ-07-006, CUP-07-038, & PS-07-002
For the City Council Hearing Dates of: May 22, June 5 & 19, and July 24, 2007 (Findings
on the August 14, 2007 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 5,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 5, 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 Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
I 1-SA.
CITY OF MERIDIAN FiNDINCS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Site Plan, Landscape Plan,
Elevations, and the Conditions of Approval all in the attached Staff Report for the
hearing date of June 5, 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicant's Rezone request from R-8 to R-15 as evidenced by having submitted
the legal description and exhibit map stamped by Clinton Hansen, dated May 11, 2006,
is hereby approved;
2. A Development Agreement is required with approval of the subject rezone application
and shall include the provisions noted in the attached Staff Report for the hearing date
of June 5, 2007, incorporated by reference;
3. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
dated 7/15/07 is hereby conditionally approved;
4. The request to allow private streets within the proposed development is hereby
approved; and
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 5, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAVJ AND DECISION & ORDER
CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) yeaz
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe 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 maybe 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 June 5, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002
By action of the City Council at its regular meeting held on the ! ~ ~~ day of
~, 2007.
-~~~
COUNCIL MEMBER DAVID ZAREMBA VOTED_~~`_~--
COUNCIL MEMBER JOE BORTON VOTED__~~~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~~"
COUNCIL MEMBER KEITH BIRD VOTED__~~~
TIE BREAKER
MAYOR TAMMY de WEERD VOTED rr
MAYO~~T~ de WEERD
.~
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ATTEST: ,~~ ~' ~~ TF ~'.
WILLIAM G. BERG, JR., CLERIC ' ~' r
Copy served upon: / Applicant''/,~~~~~~irnn~ ~~i~~~~~~~~~\\\\•
_~ Planning Department
~/ Public Works Department
/ City Attorney
gy. ~p,~p~ Dated: B'' Ll -0^'I _
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF JUNE 5, 2007
STAFF REPORT Hearing Date: June S, 2007
(Continued from May 22, 2007)
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-SS33
SUBJECT: Bellabrook Villas
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• RZ-07-006
Rezone of 4.38 acres from R-8 (Medium Density Residential) to R-1 S
(Medium High Density Residential).
CUP-07-038
Conditional Use Permit for multi-family residential use in a proposed R-1S
zone.
• PS-07-002
Request for approval of private streets within the proposed multi-family
development.
1. SiJNIl1~IARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, J. E. Development, LLC, has applied for a Rezone (RZ) of 4.38 acres from R-8
(Medium Density Residential) to the R-1 S (Medium High Density Residential). Concurrently, a
Conditional Use Permit (CUP) is requested for multi-family residential use in a proposed R-1S zone.
Approval of Private Streets (PS) within the proposed multi-family development is also requested.
This parcel was previously annexed and zoned (AZ-OG-040) to R-8 and a preliminary plat (PP-06-
038) for 20 single-family homes on 20 building lots was approved in 2006. However, the applicant
decided not to follow through with the platting process and instead, improve the property as a multi-
family development. Currently, the applicant is proposing structures in combinations of two and four
dwellings each, which will later be converted to condominiums, on asingle un-platted parcel of land.
The site is located approximately '/a mile south of E. Franklin Road, on the east side of S. Locust
Grove Road. Currently, there is asingle-family home and associated outbuilding on this site. The
subject property is currently located within the Urban Service Planning Area and the corporate
boundaries of the City.
2. SUNIIVIARY RECOMMENDATION
The subject applications (RZ, CUP, & PS) were submitted to the Planning Department for
concurrent review. Below, staff has provided a detailed analysis and recommended conditions of
approval for the requested Rezone, Conditional Use Permit and Private Street applications. Staff is
recommending approval of the proposed Bellabrook multi-family development (RZ-07-006,
CUP-07-038, & PS-07-002) with the conditions listed in Exhibit B of the Staff Report.
The Meridian Plannine and Zoning Commission heard these items on Apri119.2007. At the
uublic hearine. the Commission voted to recommend approval with requirement of a
Development Asreement.
a. Summary of Commission Public Hearing:
i. In favor: Shawn Nickel (Applicant's Representatlvel
ii. In opposition: Jerry Cunnineham
Bellabrook Villas RZ CUP PS PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
iii. Commenting: Christie Jordan
iv. Written testimonv: Ronald Hodge
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: AnIIa Carping
b. Kev Issues of Discussion by Commission:
i. Private streets ys. public streets within the development;
u. Requirement of a Development Agreement to incorporate the proposed site plan
and elevations as submitted; T
c. Kev Commission Changes to Staff Recommendation:
i. Require a Development Agreement. to incorporate the proposed site plan and
elevations as submitted
d. Outstanding Issue(sl for Citv Council:
i. Requirement of a Development Agreement to incorporate the proposed site plan
ii.
~ Su mare of _itv ours 1 Puh is Hearin¢•
i, In favor: Shawn Nickel ( nnlicant
ii. In onnosition: None
lii. Co men asp: Dea na ~ ith
iv. Written testimony: .harlec Trains
121
i. Accesgan emer~encv access points to the nronerty to he east for future
redevelopment
~, .
Kev Council Chances to Staff/Commission Recommendation
1. The Annlicant shall record an agreement ~-rantin~ cross-access to the nronerty
rior~Q snb~ttal of Certificate of Zoniill: Comas ~ scats
o the east
t
p
_
ii. The Apfllicant shall post. a sign at the end of the private street at_th_e east
nrnnarw hnnndarv atatinv that the road will be extended in the future.
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07-
006, CUP-07-03'8, & PS-07-002 as presented in staff report for the hearing date of June 5, 2007 with
the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07-
006, CUP-07-038, & PS-07-002 as presented in the staff report for the hearing date of June 5, 2007
for the following reasons: (You should state specific reasons for denial of the rezone and you must
state specific reason(s) for the denial of the CUP and what the applicant could do to gain your
approval in the future.)
Bellabrook Villas RZ CUP PS PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007
Continuance
I move to continue File Numbers RZ-07-006, CUP-07-038, & PS-07-002 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
300 S. Locust Grove Road (Parcel #51117223480)
NW % of Section 17, T.3N., R.IE.
b. Owner:
J. E. Development, LLC
1854 E. Lanark Street
Meridian, ID 83642
c. Applicant:
Same as Owner
d. Representative: Ross Erickson, Erickson Civil, Inc.
e. Present Zoning: R-8 (Medium Density Residential)
f. Present Comprehensive Plan Designation: Mixed Use Community
g. Description of Applicant's Request:
Bellabrook Villas is designed as amulti-family condominium project containing 34 units on 4.38
acres, with private streets, and a request for rezone to an R-15 designation. The gross density for
the project is 7.76 dwelling units per acre. The 34 individually owned 2-plus bedroom
condominium "Villas" will be attached in combinations of two and four dwellings each. All
Villas will have two car garages with two additional parking spaces available in each driveway.
The proposed buildings are depicted with two and three story elevations for each group of
dwellings. Usable open space in the form of pedestrian walks and a gathering courtyard will
create a centralized community amenity with a connection linking the project to the future Five
Mile Creek regional pathway corridor. The gathering area will include seating, shade trees, and
community artwork Additional common area includes a buffer along Locust Grove Road and
landscaping of the eastern strip leading to the Five Mile Creek area (see Applicant's letter for
more detail).
1. Date of Site Plan (attached in Exhibit A): February 14, 2007
2. Date of Landscape Plan (attached in Exhibit A): February 14, 2007
5. PROCESS FACTS
a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission
and City Council on this matter.
b. The subject application will in fact constitute a Conditional Use Permit as determined by City
Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the
Commission and City Council on this matter.
c. Newspaper notifications published on: Apri12, 2007 and April 16, 2007 (Commission); April
30.2007 and Mav 14.2007 (City Council)
Bellabrook Villas RZ CUP PS PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .TgNE 5, 2007
d. Radius notices mailed to properties within 300 feet on: March 23, 2007 (Commission); Aari127,
2007 (Ciri Council)
e. Applicant posted notice on site by: Apri19, 2007 (Commission); Mav ~ 1, 2007 (City Council)
6. LAND USE
a. Existing Land Use(s): There is one single-family home and associated outbuildings on the site.
b. Description of Character of Surrounding Area: This area contains a wide variety of uses~in the
city (office, church, residential, etc.) and a mix of rural parcels in Ada County.
c. Adjacent Land Use and Zoning:
1. North: LDS Church property, zoned C-N & RUT (Ada County).
2. East: Rural residential property, zoned Rl (Ada County) and Commercial property, zoned
C-G.
3. South: Rural residential property, zoned R1 (Ada County) and furthex south, Woodbridge
Subdivision, zoned R-4
4. West: Commercial property, zoned L-O and rural residential, zoned Rl (Ada County).
d. History of Previous Actions:
• This property was annexed and zoned (AZ-06-040) R-8 on October 10, 2006 (Ordinance No.
06-1268).
• A preliminary plat was approved on October 3, 2006 for 20 single-family residential building
lots and 4 common area lots on 4.3'8 acres of land.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: This property is proposing to sewer to mains located in Locust Grove
Road.
Location of water: This property is proposing water service to mains located in Locust Grove
Road.
Issues or concerns: Flood plain on the eastern portion of this property.
2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through
or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when
this property develops.
3. Hazards: A portion of this property along the eastern boundary lies within flood zone AE and
is within the floodway.
4. Proposed Zoning: R-1 S (Medium High Density Residential)
5. Size of Property: 4.38 acres
f. Landscaping
1. Width of street buffer(s): 25 feet
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: 27.7% or 1.21 acres of useable open space
4. Other landscaping standards: See 11-3B-7, Landscape Buffers Along Streets, for landscape
Bellabrook Villas RZ C1JP PS PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
requirements in the buffer adjacent to Locust Grove Road.
g. Amenities: Per UDC 11-4-3-27D.2, 3 amenities are required for this development. The following
amenities are proposed: walking trails, a grassy area of at least fifty feet by one hundred feet in
size, public art, and a gathering courtyard that will create a centralized community and include
seating and shade trees. The applicant has complied with this requirement.
h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to
have 2 parking spaces per dwelling unit in a covered carport or garage. The site plan shows 2
parking spaces in a garage for each unit.
i. Required Dimensional Standards for Multi-family Residential Use in the R-15 Zone, per UDC
11-4-3-27 and 11-2A-7:
l . Minimum Building Setback: 10 feet (Unless a greater setback is otherwise required by the UDC)
2. Maximum Building Height: 40 feet
Summary of Proposed Streets and/or Access: Access to the proposed development will be from
S. Locust Grove Road. The applicant is proposing to construct private streets within the multi-
family development with 27-foot wide street sections (measured from back of curb to back of
curb) within a 37-foot wide cross-access easement, with rolled curb & gutter, and a 5-foot wide
attached sidewalk. A stub street is not proposed to the property east of the site for future
connectivity. ACRD does not have any requirements for the internal private streets. Staff is
generally supportive of the proposed street system with the comments and conditions stated in
Section 10, Analysis, and Exhibit B of this report.
7. COMMENTS MEETING
On March 30, 2007 a j oint agency and department meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use
Map. The proposed Medium High Density Residential zoning district, R-15, is compatible with this
designation. The Mixed Use Community (MLT-C) land use designation is anticipated to contain 3 to
15 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts
34 multi-family units on 4.38 acres for a gross density of 7.76 dwelling units/acre. The proposed
density complies with the anticipated density 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 III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject
property in the following manner;
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
Bellabrook Villas RZ CUP PS PAGE 5
GiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
- The subject lands currently lie within 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 Meridian Police Department
(MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACFID). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change.
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 V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along
waterways.
The applicant is proposing to construct a section of multi-use pathway on the site that will
connect the future master pathway planned along Five Mile Creek across this property
Chapter V, Goal I, Objective A, Action 2 -Identify feasible interconnected greenbelt areas
along waterways, railroads, etc.
The northeast portion of this site is bisected by the Five Mile Creek. The applicant has
proposed a pathway leading from the residential portion of this development to the Five Mile
Creek with a section of 10-foot wide multi-use pathway that will connect to the north and
south along the creek.
Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along
waterways.
A 10 foot wide pathway is proposed at the northeast corner of this development that will
connect to the north and south for the greenbelt planned along the Five Mile Creek (see
above).
• Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight
Mile, ...etc.) throughout commercial, industrial, and residential azeas.
The Five Mile Creek, which bisects the property at the northeast corner, will 6e protected
and will remain open and unchanged. Open space with pathways will be provided adjacent to
the creek.
• 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.
The applicant is proposing to construct a 6 foot tall closed vision fence, where fencing does
not currently exist, on the property boundary behind the proposed residences. This fencing is
required to be constructed prior to release of building permits to contain debris during
construction. Permanent fencing is not required around the common area on the northeast
Bellabrook Villas RZ CUP PS PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
portion of this site because a large part of this area is within the fioodplain/floodway.
• Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent pazcels.
The applicant is proposing a residential zone. Staff" finds that the proposed residential
development should be compatible with the existing residential properties in the area.
• Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet
development standards regarding landscaping, signage, fences, and walls, etc.
The Applicant will be required to construct a 25 foot wide landscape buffer along Locust
Grove Road that complies with UDC 11-38-7, Landscape Buffers Along Streets. All
subdivision identification signs proposed for the site must be approved through a sign permit
and shall comply with UDC 11-3D-81 and 11-3D-10, Table 2, Subdivision Identification
Signs. Fencing proposed on the site shall comply with UDC 11-3A-7.
• 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.
The applicant is proposing to construct fencing around the perimeter of the residential
portion of the development. Fencing is not required adjacent to the common area on the
northeast portion of the site because a large portion of this area is within the
fioodplain/fioodway. Said fencing should comply with UDC 11-3A-7, Fencing standards.
• Chapter VII, Goal N, 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.
Staff believes that the proposed medium high-density residential multi family development
will assist in providing a variety of residential housing opportunities in the City. Further, the
applicant intends to convert the dwelling units to condominiums in the future.
• Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which
abut or are proximal to existing low density residential land uses to provide landscaped
screening or transitional densities with larger, more comparable lot sizes to buffer the
interface between urban level densities and rural residential densities.
The applicant is proposing to construct a six foot tall privacy fence around the portion of this
development that is adjacent to the proposed residences. The applicant is also proposing a
large amount of open space on the eastern portion of this site that is adjacent to the rural
parcel to the east. Staff recommends that the Commission and Council rely on any written or
verbal testimony provided from neighbors when determining if additional screening or more
transition in density is appropriate.
• Chapter V, A. Current Conditions, 2. Ilazazdous Areas (page 32)
This section of the Comprehensive Plan discusses development of areas that are affected by
the 100 year fioodplain. A portion of this development lies within the fioodplain (FP) overlay
district. The purpose of this district is to guide development in flood prone areas of any
watercourse that is consistent with the requirements for the conveyance ojfiood flows and to
minimize the expense and inconveniences to the individual property owners and the general
Bellabrook Villas RZ CUP PS PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 5, 2007
public through flooding. Uses permitted in this district area generally associated with open
space, recreational, and agricultural land uses and do not hinder the movement of the
floodwaters. The open space/recreation area proposed within the FP overlay district
complies with the purpose of the district as stated above.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists multi-family developments as
a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to
multi-family developments; please see Section 10, Analysis below for more information.
b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to
provide for a range ofhousing 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:
REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future
Land Use Map designation of Mixed Use -Community, Staff believes that the requested R-15
zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required
facts and findings for a rezone.
The rezone legal description submitted with the application (stamped on May 11, 2006 by Clinton
W. Hansen, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State
Tax Commission.
UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to
require a property owner to enter into a Development Agreement (DA) with the City of Meridian
that may require some written commitment for all future uses. Because the Applicant has
provided a detailed site plan and elevations for the site as part of the CUP application that
will be included as an exhibit in the Findings of Fact and Conclusions of Law, Staff does not
believe that a DA is necessary to ensure that the site develops in a manor that is consistent
with said plans. If the Commission or Council feels a development agreement requirement is
necessary, staff recommends a clear outline of the commitments of the developer being required.
CONDITIONAL USE PERMI'T': Per UDC 11-2A-2, Multi-family Developments require
conditional use permit approval and must comply with the Specific Use Standards listed in UDC
11-4-3-27 as follows:
a. Setbacks: Buildings shall provide a in~*num setback of 10 feet, unless a greater
setback is otherwise required by the UDC. The building envelopes shown on the site plan
meet the minimum setback requirements stated. Additionally, a 20 foot setback is
provided on the units that have a front garage.
b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal
facilities, and transformer or utility vaults shall be fully screened from view from any
public street. The site plan does not depict any service areas; if service areas are
proposed, the Applicant shall comply with this requirement.
c. Private, usable open space: A minimum of 80 square feet of private, usable open space
shall be provided for each unit. This requirement can be satisfied through porches, patios,
decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not
Bellabrook Villas RZ CUP PS PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
count toward this requirement. Private usable open space is proposed for each unit that
exceeds the minimum amount required by the UDC. (Three story units contain180 square
feet of covered patio per unit; 2-unit structures at south end of project & end units on 4-
unitstructures contain 96 square feet of covered patio per unit; 2-units at northeast
corner of site contain 108 square feet of covered patio per unit.) (See a-mail submitted by
Ross Erickson dated April 17, 2007 and site plan attached in Exhibit A documenting
compliance with this requirement.)
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location, and a
directory and map of the development at a convenient location. This development does
contain more than 20 units and will comply with this requirement. The applicant has
shown two central mailbox unit locations on the site plan. Further, the applicant (Ross
Erickson) states in an a-mail to Staff dated April 17, 2007 that a directory and map of the
development will be provided at the entrance of the development; An office to manage the
condominium association business will be provided within the president of the
condominium association's dwelling,• and a 1 D-foot by 12 foot maintenance and enclosed
storage area will be provided within the open space located near the east side of units 9
& 10.
e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide
parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a
covered carport or garage; and for units with more than one bedroom, 2 parking
spaces shall be provided in a covered carport or garage. The elevations show a 2-car
garage on all of the units, as required.
£ Common Open Space Design Requirements: A minimum of 350 square feet of
outdoor common open space shall be provided for each unit containing more than 1,200
square feet of living area. The common open space shall be not less than 400 square feet
in area, and shall have a minimum length and width dimension of 20 feet. The open
space shown on the site plan demonstrates compliance with this requirement.
f. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75
units provide 3 amenities from separate categories (i.e. quality of life, open space, or
recreation). The project complies with this standard as submitted, by providing the
following qual~ing amenities: 1. walking trails (recreation), 2. grassy area of at least
fifty feet by one hundred feet in size (open space), and 3. public art (quality of life).
Additionally, the Applicant is proposing a gathering courtyard that will create a
centralized community and include seating and shade trees.
g. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. The proposed elevations appear to comply with the architectural standards.
If approved, full compliance with the elevation requirements cited in UDC 11-4-3-27E,
and the elevations submitted with the subject CUP, will be required with the future
issuance of Certificate of Zoning Compliance's on this site. Staff is generally supportive
of the proposed elevations with the following comment: Sta,~~' has requested that the
applicant submit a perspective view of the 2- unit structure proposed ut the northeast
corner of the site prior to the City Council meeting. Lpplicant has complied with this
requirement and the nerspectlve view of all of the proposed units is included in Exhibit
h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping
along their foundation. The foundation landscaping shall meet the following standards:
Bellabrook Villas RZ CUP PS PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
- The landscaped area shall be at least 3-feet wide;
- For every 3 linear feet of foundation, an evergreen shrub having a minimum mature
height of 24 inches shall be planted; and
- Ground cover plants shall be planted in the remainder of the landscaped area.
i. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding
document shall be recorded that states the maintenance and ownership responsibilities for
the management of the development, including, but not limited to, structures, parking,
common areas, and other development features.
Existing Residences/Suildings: The site currently contains a home and associated outbuildings.
All existing buildings shall be removed as proposed prior to release of building permits for this
development.
Fencing: The applicant is proposing to construct 6-foot tall closed vision fencing along the west,
south, and east boundary of the site. Six-foot tall closed vision fencing currently exists along the
north and southeast boundary of the site. The existing fencing along the northern boundary was
constructed by the LDS Church. The applicant is also proposing to construct a 4-foot tall open
vision fence on the northeast and southeast boundary adjacent to the common area. Per the UDC,
six-foot closed vision fencing is not allowed adjacent to common open space or micro-pathways.
The existing 6-foot tall closed vision fencing shown on the site plan adjacent to the common area
on the eastern portion of the site should be removed if permission can be obtained from the LDS
Church, if permission can not be obtained to remove the fence, it may remain because it is not
owned by the subject property owner. Further, Staff is recommending that fencing not be
constructed adjacent to this common area as shown on the landscape plan because a large portion
of this area is within the floodplain/floodway; the applicant is in agreement with Staff s
recommendation. Perimeter fencing is required to be installed around the residential portion of
the site prior to issuance of building permits to contain debris during construction. Fencing shall
be constructed in accordance with UDC 11-3A-7.
Stub Street: The applicant is not proposing a stub street to the property east of the subject
property. There are 2 parcels east of this property. The 2.1 acre parcel abutting the subject
property is owned by Marshall Smith and contains a home and outbuildings and is currently
accessed by a 50 foot wide "flag" from Locust Grove. The other 3 acre pazcel to the east of the
Smith parcel is owned by Jerry & Betty Cunningham and appears to be vacant. The
Cunningham's also own a house/lot in Woodbridge Subdivision that abuts the vacant parcel on
the south. It is unknown whether or not the C~nningham's have an access easement across the
Smith property to Locust Grove Road. Approximately'/z of the Cunningham parcel lies within a
flood zone and a portion is also within the floodway of the Five Mile Creek. Because the Smith
property consists of only 2 acres, Staff believes that the existing access to Locust Grove is
sufficient to serve this site and a stub street is not necessary. Further, because it is not feasible for
the subject property to stub to the Cunningham property because open space is proposed for the
azea that abuts this property, Staff believes that a stub is not necessary to this property either.
Pathway: The 5-foot wide pathway leading from the residential portion of the development
through the common area to the 10-foot wide multi-use pathway should be constructed as shown
on the landscape plan. The applicant states that a 15-foot wide section of the Five Mile Creek is
currently piped and that a 5-foot wide pathway currently exists over the Five Mile Creek, which
will provide a connection to the 10-foot wide multi-use pathway.
Ditches, Laterals, and Canals: The Five Mile Creek intersects this property at the northeast
corner of the site. Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of any
Bellabxook Villas RZ CUP PS PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
natural waterway, that intersect, cross or lie within the area being subdivided shall be covered.
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 use any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. If a single-point connection is
used, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
PRIVATE STREETS: The applicant is proposing private streets within this development. Per
UDC 11-3F'-4, all private streets shall be designed and constructed to the following standards:
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is to a public
street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area for
emergency vehicles as determined and approved by the Meridian Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the Fire
Marshal:
a. All drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. For all other private streets:
a. Roadway and storm drainage: The private street shall be constructed in accord
with the roadway and storm drainage standards of the Transportation Authority
or as approved by the City of Meridian based on plans submitted by a certified
engineer.
b. Street width: The private street shall be constructed within the easement and shall
have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as
determined by the Fire Marshal relative to the height and size of the proposed
structures that adjoin the private street.
c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk
shall be provided on one side of the street in commercial districts. This
requirement may be waived if the applicant can demonstrate that an alternative
pedestrian path exists.
d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed.
In addition, if a curb exists next to the drive aisle, it shall be painted red.
Staff is generally supportive of the proposed private streets within this development. However,
the Fire Department has commented that the internal private streets as shown are not wide enough
to allow for visitor parking on the street. Because visitor parldug is needed on the site, Staff is
recommending that the sidewalk adjacent to the internal side of the streets surrounding
Bellabrook Villas RZ CLIP PS PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
units 15-18 and 23-26 be removed, and the streets widened, to allow for parking on one side
of the streets. No parking should be allowed along the internal side of the streets
surrounding the 8 internal units and should be signed accordingly. Parking should only be
allowed on the external side of the streets. Note: The site plan does show a 20' x 20' parking pad
for each of the units that could be used for additional visitor parking if the resident's cars were
parked in the garage. Except for the parking pad, no parking is allowed within the common
driveways of the units with side entry garages, per the Fire Department.
b. Staff Recommendation: Staff recommends approval of the subject applications (R7r07-006,
CUP-07-005, & PS-07-002) based on the Findings listed in Exhibit D and the conditions
listed in Exhibit B of this Staff Report for the hearing date of Apri119, 2007. The Meridian
Aereement. The Meri Ian City CoLnci! heard these items on Mav 22 Tune & 19 and Tuly
4.2007. At the nubLic hea 'nQ on July 24.2007 thev annroved the cu jest )Z.. CL1P. & PS
~t~ - - --
11. EDITS
A. Drawings
1. Site Plan (dated: 27 ZL1~LQ
2. Landscape Plan (dated: "'~ 7.115LQ2
3. Four-unit Structure Elevations
4. Two-unit Elevations for Structures along South Boundary
5. Two-unit Elevations for Stricture at Northeast Comer of Development (Units 9 & 10)
6. Perspective Drawing of the Two-unit and Four-unit Structure Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Bellabrook Villas RZ CUP PS PAGE I2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING RATE OF JUNE 5, 2007
A. Drawings
1. Site Plan (dated: 2.1~-4,{8''~ /15/071
CONDITIONAL U8E 81TE PLAN FOR BHLLABROOK VILLAS
__ SITUATED IN A PORTION OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EA8T,
BOISSE MERIDIAN, ADA COUNTY, IDAHO
2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
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2. Landscape Plan (dated "'~ /1~LQZ
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
3. Four-unit Structure Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
4. Two-unit Elevations for Structures along South Boundary
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF JUNE S, 2007
5. Two-unit Elevations for Structure at Northeast Corner of Development (Units 9 8z lU)
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Exhibit A
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
6. Perspective Drawine of the Trvo-unit and Four-unit Structure Elevations
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Exhibit A
CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE DARING DATE OF JUNE 5, 2007
B. Conditions of Approval
1. PLANNIlYG DEPARTMENT
1.1 REZONE CONIIVIENTS
1 1 1 Prior to the rezone ordinance approval a Development Agreement shall be entered into
between the City of Meridian the property owner(s) (at the time of rezone ordinance
at minimum. the following:
• The development of this site shall substantially comply with the site plan and conceptpal
1.2 SITE SPECIFIC REQUIREMENTS (CONDTTIONAL USE PERMTT)
1.2.1 The site plan labeled as Conditional Use Site Plan, Sheet C-1, prepared by Erickson Civil, Inc.,
dated February 14, 2007, is approved, with the conditions listed herein. All comments and
conditions of the accompanying Rezone (RZ-07-006) and Private Street (PS-07-002) applications
shall also be considered conditions of the Conditional Use Permit (CUP-07-005).
1.2.2 The landscape plan prepared by Erickson Civil, Inc., on February 14, 2007, is approved with the
following modifications/notes:
• Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their
foundation. The foundation landscaping shall meet the following standards:
- The landscaped area shall be at least 3-feet wide;
- For every 3 linear feet of foundation, an evergreen shrub having a minimum
mature height of 24 inches shall be planted; and
- Ground cover plants shall be planted in the remainder of the landscaped area.
• Fencing shall not be constructed adjacent to the common area on the northeast portion of
this site because a large portion of this area is within the floodplain/floodway. All fencing
on the site shall comply with UDC 11-3A-7.
Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted to the
Planning Department prior to issuance of any Certificate of Occupancies for this site. All
standards of installation should apply as listed in UDC 11-3B-14.
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 Certificate of Zoning Compliance application(s).
1.2.3 Construct a 10-foot multi-use pathway along Five Mile Creek as proposed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
1.2.4 Submit a copy of the approval letter from the Ada County Street Name Committee for private
street names proposed within the development with the Certificate of Zoning Compliance
application(s) for this site.
1.2.5 All private streets shall be designed and constructed in compliance with the standards listed for
Private Streets in UDC 11-3F.
1.2.6 Upon tentative approval of the Private Street application by the City Council, subject to any
applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION of this Title,
the applicant or owner shall have one (1) year to complete the following tasks:
• Obtain approval from the Ada County Street Name Committee for a private street
name(s);
• Contact the Transportation Authority (ACRD) to install an approved street name sign that
complies with the regulations of the Ada County Uniform Street Name Ordinance;
• Create a perpetual ingress/egress easement or a single platted lot for the private street to
all applicable properties; and
• The applicant or owner shall provide documentation of a binding contract that establishes
the party or parties responsible for the repair and maintenance of the private street,
including regulations for the funding thereof.
• Upon completion of the items noted above, the Director shall issue a letter stating that the
private streets have been approved. No building permit shall be issued for any structure
using a private street for access to a public street until the private street has been
approved.
1.2.7 All private streets within the development shall be designed and constructed according to the
standards listed in UDC 11-3F-4.The sidewalk adjacent to the streets surrounding units 15-18 and
23-26 shall be removed, and the streets widened, to allow for parking on one side of the streets.
No parking should be allowed along the streets surrounding the eight internal units and should be
signed accordingly. Parking is only allowed on the external side of the streets.
1.2.8 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and
all of the multi-family units within this development. All structures must substantially comply
with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3-
27E for multi-family developments. NOTE: A CZC application may include multiple/all multi-
family units within the development
1.2.9 All signage for the site requires approval of a sign permit. All signage must comply with UDC
11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs.Provide fencing around the
perimeter of the building sites as shown on the landscape plan. All fencing shall be constructed in
accordance with UDC 11-3A-7 and condition of approval #1.1.2 above. Perimeter fencing to
contain debris during construction shall be installed around the residential portion of the site prior
to release of building permits.
1.2.10 A legally binding document shall be recorded that states the maintenance and ownership
responsibilities for the management of the development, including, but not limited to, structures,
parking, common areas, and other development features.
1.2.11 Underground, pressurized irrigation must be provided to all lots within this development.
1.2.12 be Aon i n cha l r ord an gr em n an 'n oc _a cs o b nro rtv o h .act
prior to submittal of Certificate. of ,oninP ComnLiance aonLication.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
1.2,13 The Anolicant shall nos fl Clgn at the end Of the Ul'IYatP CtrPPt At the Pact nrnnarfar hnnnrlo.l
~~ at the road will b x nde in the fu .r ~ ~~
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust
Grove Road. The applicant shall install all mains to and through this development; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in Locust Grove Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered
by a standard City of Meridian easement.
2.4 Prior to any excavation or improvements within this development that applicant shall submit a
Flood Plain Development Permit and comply with all conditions of the same.
2.5 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 reimbursable amount shall be approved by Council prior to plat signature.
2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.7 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
"final 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 a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water ([JDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-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 finalplat by the City Engineer.
2.9 All existing structures not meeting setbacks or the dimensional standazds of the UDC shall be
removed prior to building permits being released.
2.10 Meridian Public Works specifications do not allow any lazge landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2..11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City
of Meridian Standard Specifications.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the
right-of way shall be dedicated where the sidewalk is located past the right-of--way. The
additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1 -4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, 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 plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2..1.5 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, and the road base approved, prior to applying for building permits.
2.16 All development improvements, including but not limited to sewer, water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to issuance of building
permits.
2.18 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.1.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.22 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures
is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior to commencing installations.
3. FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. One and two story
Exhibit B
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7CJNE 5, 2007
family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute.
Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C3.2.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.3 All common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'/Z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.6 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.9 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.10 Building setbacks shall be per the International Building Code for one and two story construction.
3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. Streets with less than a 29' street width shall have no parking.
Streets with less than 33' shall have parking only on one side. These measurements shall be
based on the back of curb dimension. The roadway shall be able to accommodate an imposed
load of 75,000 GVW.
3..12 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.13 Maintain a separation of 5' from the building to the dumpster enclosure.
3.14 The first digit of the Apartment/O~xce Suite shall correspond to the floor level.
3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.16 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007
3..17 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.18 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.19 There shall be a fire hydrant within 100' of all fire department cormections.
3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.21 Parking should be prohibited in driveways of side entry garages to allow room for Fire Department
turn around.
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used. All micropaths and open areas shall have adequate lighting.
4.3 Private streets are not wide enough to allow parking for visitors. Visitor parking should be
provided on the site.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SAMTARY SERVICE COMPANY
6.1 No comments were received from SSC regarding this application.
7. ADA COUNTY I3TGHWAY DISTRICT
Andrew Mentzer, Ada County Highway District, submitted a letter to the City dated Mazch 26,
2007, in response to this application. The letter states that because the internal roadways are
proposed to be constructed as private streets rather than public streets, ACRD does not have any
requirements for the private roads and that the applicant should only comply with the
improvement and right-of--way requirements for Locust Grove Road. Additionally, the Applicant
should submit construction drawings to the ACRD Development Review prior to final approval,
and pay all applicable review and impact fees.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
S.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create amosquito-breeding problem.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
C. Legal Description & Exhibit Map
~~
Beliabrook Villas
A parosl of ~ locebed to the NW K of the NW Y. o! Sectbn 17, Towr~hlp 3 North. Rar-ge 1
Eesl, t3oiee Meridian. Ade Cowtty. Idaho. end nwfe paNa~rty desa~sd ae follows
Ccrrwrreaclr~ ct a braes cap rnorNUnsra marking the northyreai comer of satd NWf •,G' of the
MN Y. from which a braes cep manurtreM marking the soultrwest comer of the PqN'/. d said
Section t7 bean S 0.91'43` W e distance of x868.74 feet;
1`henGe S 0'31'43' W abng the westerly botstdery of said NW y of the NW Y. a distance of
890.87 feet 6D a point:
Thence IaavNiq said vresteAy boundary 889'87'19' lc a distance of 48.00 feet to a h inch
dterr-eter lion pin on the easterly rig--t~f-way of 3. t.ocuN Grove Rosd end the POINT OF
6EiGINNING:
Thence contiix,4np S 89'67'19' S a distance of 944.94 fast to s 518 inch dibrr~ster Iron pin:
Thence S 0'29'13• W a distance of 77.52 feet to a K Inch Diameter iron pin;
Thence N 89'69'37' W a disfanos d 587.77 feat to a 5/8 inch diameter Iror- pin;
Thence S O'3YZ4" W a distance of 310.91 feet to a K lnttf disrneter Iron pin;
Thence N 89'48'07' W along a Vne 50.00 feN noM d and pareNel to the southerly boundary of
said tdW Y. d the NW Y. a distance of 377.18 fast to a 8/8 Inch diameter iron pin on the easterly
right-0f-way 01 S. Locus! Grove Road;
Thence N 0'31'43' E abr-g said easterlyright-ofrway a diatanoe of 388.80 (set to the Pt31NT OF
BECiINNl1iG.
Tide paroet contains 4.38 atne9 and h subject !o any easemards e>deling or M use.
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JoD No. 06-38
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007
Baflabrook Villas Boundary Exhibi#
LOCATED IN THE NW I/4 O~ THE NW 1/4 OF SECTION' t 7,
T3N, R 1 E, 6M, CITY OF MERIDIAN, ADA COUNTY, IDAHO
2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING RATE OF JUNE 5, 2007
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant
an annexation and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-15. The Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council fmds that future development of this property will comply with the
established regulations and purpose statement of the R-15 zone.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council fmds that the proposed zoning map 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 determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The Council finds that the proposed zoning amendment should not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable to the subject rezone request; the Council fmds that the
rezoning of this property to R-15 is in the best interest of the City.
2. Conditional Use Permit Findings:
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a conditional
use permit if they shall find evidence presented at the hearing(s) is adequate to
establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Council finds that if the site is designed according to the conditions of approval in
Exhibit B, the site will be large enough to accommodate the proposed use and meet the
dimensional and development regulations of the R-15 district and the multi-family
Specific Use Standards.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007
b. That the proposed use will be harmonious with the Meridian Comprehensive Plaa
and in accord with the requirements of this Title.
The Council finds that the proposed multi-family residential use in the proposed R-15
zone meets the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Council finds that the proposed multi-family development is compatible with other
uses in the general area and will not adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
The Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capita] facility costs are expected from the City. The
applicant and/or future property owners will be required to pay highway impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Staff recognizes the fact that traffic and noise will increase with the approval of this
development; however, Staff does not believe that the amount generated will be
detrimental to the general welfare of the public.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Council fmds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. Staff recommends that the
Commission and Council reference any public testimony that may be presented to
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
determine whether or not the proposed development may destroy or damage a natural or
scenic feature(s) of major importance of which staff is unaware.
3. Private Street Findings:
a. The Design of the private street meets the requirements of this Article;
The applicant shall comply with the private street design standards listed in UDC 11-3F-
4A and conditions of approval #1.2.5, 1.2.6, and 1.2.7 listed above in Exhibit B of this
staff report.
b. Granting approval of the private street would not cause damage hazard, or
nuisance, or other detriment to persons property, or uses in the vicinity; and
If the Applicant complies with the conditions listed in Exhibit B of this staff report
pertaining to private streets, the Council does not anticipate any hazard, nuisance or other
detriment from the private streets if they are designed and constructed as required by
UDC 11-3F-4.
c. The use and location of the private street shall not conflict with the Comprehensive
Plan and/or the regional transportatiou plan.
The Council finds that the use and location of the proposed private streets do not conflict
with the Comprehensive Plan and/or the regional transportation plan.
Exhibit D
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