Blackstone No. 2 RZ 07-023ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 41
BOISE IDAHO 0512'1J08 02:02 PM
DEPUTY Bonnie Oberbillig III I'IIII'lll'll'IIIIII"III'll III III
RECORDED-REQUEST OF 1~$~~~~~~
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Projects West, Inc., Owners/Developers
TH~DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this I day of m 2008, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CTfY, and Projects West, Inc.,
whose address is 2014 Meridian Street, South Puyallup, WA, 98371, herein~after called
OWNERS/DEVELOPERS.
1. RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Extribit 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/Developer make a written commitrnent concerning the use or
development of the subject Properiy; 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, OwnersNevelopers have submitted an application for
re-zoning of the Property's described in Exhibit A, and has requested
a designation of R-8, Medium Density Residential District (Municipal
Code of the City of Meridian); and
1.5 WHEREAS, Owners/Developers made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council; as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 1 OF 9
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 1~` day of April, 2008, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owners/Developers to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that tlus
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Owners/Developers to eater into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Properiy 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 govemment 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 saine requires otherwise:
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 2 OF 9
3.1 CITY: means and refers to the City of Meridian, a pariy to this
Agreement, which is a municipal Corporation and goveniment
subdivision of the state of Idaho, organized and existiag by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERS/DEVELOPERS: means and refers to Projects West,
Inc., whose address is 2014 Meridian Street, Puyallup, WA 98371,
the parties that owns and is developing said Property and shall
include any subsequent owner(s) or developer(s) of the Properiy.
3.3 PROPERTY: means and refers to that certain parcel(s) of Properly
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned R 8, Medium Density
Residential District, attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERNIITTED 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 which are herein specified as follows:
ConstrWCtion of3 residentia[ lots in theproposedR-8 zoning district
on .62 acres and the pertinent provisions of the City of Meridian
Coniprehensive Plan are appl~cable to this RZ 07-023 application.
4.2 No change in the uses specified in ttus Agreement sha11 be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. OwnersNevelopers sha11 develop the Property in accordance witti the
following special conditions:
The subject site shall develop only with single family homes; one per lot,
totaling a maximum of three homes/lots. Said homes shall substantially
comply with the elevations in Exhibit C.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns,
to comply with Section 5 entitled "Conditions Governing Development of Subject Properiy"
of this agreement within two years of the date this Agreement is effective, and after the City
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 3 OF 9
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:
Owners/Developers consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owners/Developers and ifthe Owners/Developers fail
to cure such failure within six (6) months of such notice.
8. INSPECTION: Owners/Developers shall, immediately upon completion of
any portion or the endrety of said development of the Property as required by ttus 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 Owners/Developers, or Owners'/Developers' heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfiilly comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified ar
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owners/Developers of any one or
more of the covenants or conditions hereof sha11 apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exlubits, at
Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Properiy 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.
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 4 OF 9
11. ZONIlVG: City shall, following recordation of the duly appmved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners/Developers, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appmpriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owners/Developers shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
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 pariy sha11 commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owners/Developers or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installadon of the improvements, which
the Owners/Developers agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developers/Owners has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no CertiScates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agrees
to abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or lus assigns, heirs, or successors shall not meet the conditions
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 5 OF 9
contained in the Findings of Fact and Conclusions of Law, this Development Agrcement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement sha11 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% City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Projects West, Inc.
2014 Meridian Street
Puyallup, WA 98371
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTO1tNEY 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 attomey's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Properly, 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 Properiy, or portions thereof, except that any sale or
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 6 OF 9
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof sha11 not affect aay 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, betvv~een Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, chaage or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions goveming 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 Couttcil shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the aanexation and zoning of the Properiy and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS/DEVELOPERS
ATTEST:
~
JAYC~ L. HOLMAN, CITY
PROJE WEST, INC.
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By:
CTTY OF MERIDIAN
By: ~
MAYOR T de WEERD
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DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 8 OF 9
STATE OF S h ~ )
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county of P~ e ~~~~ , )
On this l'+ day of tc~ ~ 2008, before me, the
undersigned, a Notary Public in and for said Sta.te, personally appeared
~ l M,~ral w, i v~ ;-f-e_ r , known or identified to me to be
the ~r~s ic~l2,n-~ of Projects West, Inc. and the person who signed the above
and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS VVHEREOF, I have hereunto set my hand and affixed my
official seal the day and yeaz in this certificate first above written.
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On this ~ day of ~~" , 2008, before me, a Notary
Public, personally appeazed Tammy de Weerd and Jaycee L. Holman., 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 WIT'NESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT (RZ 07-023) BLACKSTONE NO. 2 PAGE 9 OF 9
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ZONING LEGAL DESCR~PTIUN
BLACKSTON~c svsnxvxsxoN rro. 2
p parcel of larid located i.n the N W 1/4 of Section l 0, 'f'ownship 3 North, Range ] West,
13oise Mcridia~t, City of Meridian, Ada County, ldaho bein~ I~ot S, T31nck l of Blackston~
Sabd°ivision as recorded in B~ak $Z at Page 894'I throu~h 8949 of I'lats, Ada County,
l~d~hn and also a porcion of I~I. 'fessa Avc:nue and W. AspEn C~~eek Strc~t Rigl~t-of W~zys,
m~re particularly described as fol'lows:
Cnmmencinb at a S/8 i~~ch iron rad mar.kii~~ the Northw~s~ corner of said Section 1 Q;
'1"heneE al~n~ thc; Narth li~ne of il~e said NW 1l4, Sauth A9° aU' 23" l;ast, 68.44 feet;
'Thence le8ving saici, Nortl~ line, Soulh 0° 19' 3'7" West~ 74.93 feet to g 5/8 inch iron rod
markin~ the Northwest corner of said Lat 5 and the PUIWT OF 13CGlNN1NG;
~'h~nce alon~ the houndary of said Lot 5 the following courses: Sauih 89° 38' 1 Z" t%agt,
212,73 feet ta ~ 5/8 inch iron rod; "1'he~TC~ South 0° 17' 30" Wesi. 66.00 Fc:et ta a 5/$ inch
irnn rod; '1'Iie~~CC SoWlh 55° 18' 36" ~asi,'48.79 feet-to~A 5%8~ii~e1+ iran rad ni~ the
N~orrhwestcrly Itight-ol=Way o~f N.1'essa Ave.'/ W. ~spe~~ Cr~k Sbree~; 7'hence leavin~
said boundary of Lot 5, South SS° i 8' 3f~i" ~'.ast, 35~:~7 f~t to ~ point of noil-tait~~itcy;
'l~hence 48.12 feei alung ~ 25.75 i'vot radiws.~urve to ~thal~ ti~raugh a eentrs,l angle of
107° Q4' Q4" th~ chord of whic~ bears Sauth 48° 4$' 16" W~st, 41.42 feet to a noint of
».on-tt~n~et~cy; 'l'lience Narlh 54° 56' 29" West, 29.01 feet td a pnint on the
Nc~rlhw~sterly Ri~ltt-oT Way o~'N. Tessa Ave. / W• Aspen Creek Str~et; 'I'lience a~o»6
ti~e bnundary of said Lot S the fnl'.l.owing eourses; Thence North 5A° 5G' 29" VVest, S(.18
feet to ~ 5/8 inch ira~ rod; 'I'hence Soutli 89° SS' 3G" West, 48.92 fe~t to ~ 5/8 incl~ irnn
rod; '1'hence Soull~ 0° 04' 24" F~st, 33,20 feet; 'Thence Soutl~ 89° 55' 3~" W~st, i 31.99
i'eet to n 5/8 inc'h irnn rod; 'I'I~ence NorCh 0° ~6' 33" V~est, 1 Z7.31 fcet to the I'011V1' Ol~
13EG1NiV1N(:.
Said p~rce) contains 26,874 sq. t~• or 0.62 acres, naore or less, and is sYibjeal to any and all
c:~sements aiid/or ri~hts-~f way af reco~~d.
NOTG: 'fbis description is to be us~d for zoning purposes aniy. It is in na way i.ntended
to be used l~oc trunafer of tiile.
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CITY OF MERIDIAN ~, E IDIAN%-
FINDINGS OF FACT, CONCLUSIONS ~
OF LAW AND ~ D A H C ~.
DECISION & ORDER -
In the Matter of Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-8
(Medium Density Residential) AND Combined Preliminary /Finat Plat of 3 residentia! lots
located in an R-8 zoning district for Blackstone No. 2, by Landmark Engineering and
Planning, Inc.
Case No(s). RZ-07-023 and PFP-07-004
For the City Council Hearing Date of: March 18, 2008 (Findings on the April 1, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 18, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the heari~ng date of March 18, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Mazch
18, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 18, 2008 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 Ti~tle 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 pur.suant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-U7-023 and PFP-07-004
. -I-
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 Ci~ty 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 Deparhnent, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legai Description, Preliminary Plat, Fina1 Plat and the
Condi:tions of Approval all in the attached Staff Report for the hearing date of 1Vlarch 18,
2008 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the applica.tion.
C. Decision and Order
Fursuant to the City Council's authority as provided in Meridian City Code § I l-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 11/20/2007 is hereby conditionally approved;
2. The applicant's Final Plat as evidenced by having submitted the Final Plat dated
2/15/2008 is hereby conditionally approved;
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 18, 2008 incorporated by reference.
4. 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 March 18, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Prelim.inary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) yeazs of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is rnade in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segtnents, if submitted within successive intervals of eighteen
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-023 and PFP-07-004
-2-
(18) months, may be considered for final approval without resubmission for
prelirninary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council may be ganted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a deniai 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 rnore than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the condi~tional 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 March 18, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-U7-023 and PFF-07-004
-3-
By action of the City Council at its regular meeting held on the ~~ day of
~ l , 2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED t~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
('I'IE BREAKER)
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Attest: ; ~ r~
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Jaycee olman, City Clerk ~, .9 r~s'~ ~~ ~
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Copy served upon Applicant, The Plannin~4'~~~rtment,
Attorney.
VOTED~
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Public Works Department and City
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ity Clerk's Office
CITY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-023 and PFP-07-004
-4-
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
STAFF REPORT Hearing Date: March 18, 2008
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Blaclcstone No.2
• RZ-07-023
. , E~ IDIAN~
IDAHQ
Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-8
(Medium Density Residentiai), by Landmark Engineering and Planning, Inc.
• PFP-07-004
Combined Preliminary /Final Plat of 3 residential lots located in a proposed R-
8 zoning district, by Landmark Engineering and Planning, Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
At ihe December 20, 20Q7 hearing, the Flanninl~ and Zonin~ Commission continued the project to
ailow the applicant time to submit a rezone application to the Flanning Department because the
site did not conform to the density requirements of the R-4 zonin~ district. The Commission felt
this was a unique situation where you have a project that complies with all of the dimensional
standards however cannot meet the densi requirements. The Commission deterrnined rezoning
the proQerty to an R-8 zone would aliow the project to conform ~to the UDC. The
Comprehensive Plan desi~nation for the site allows a ran~:e of 3 to 8 dwelling units fo the acre
and supports a rezone of the~ropertv from R-4 to R-8. However, the comprehensive plan only
serves as a guide for future residential development; the zoning district dictates the densitv,
uses and dimensional standar•ds for an individual site. Except for the gross densit~the
proposed project does complv with the dimensional standards of the R-4 zoning district.
The applicant, Landmark Engineering and Planning, Inc., has applied for a Rezone of 0.62 acres
from R-4 (Medium-low Density Residential) to R-8 (Medium Densiry Residential) and a
combined Preliminary/Final Plat (PFP) approval of 3 single-family residential building lots on
0.59 acres of land for Blackstone Subdivision No. 2. The subject project contains a gross density
of 5.1 dwell~ing units to the acre and the rnaximurn density allowed in an R-4 zone is 4 dwelling
units to the acre (per UDC 11-2A-1). The applicant is requesting approval to rezone the subject
site to an R-8 zone to comply with the density requirements of the UDC.
The subject site is located at 4700 W. Aspen Creek Street in Section 10, Township 3 North,
Range 1 West. This property is currently referenced as Assessor's Parcel Number R0988770050
and was previously platted with the Blackstone Subdivision (fka. English Gardens Subdivision),
Lot 5, Block 1, in the City of Meridian. The City's Comprehensive Plan Future Land Use Map
designates the subject property as medium-density residential and is currently zoned R-4.
The subject development is eligible for a combined preliminary / final plat application because
the proposed subdivision does not exceed four lots, there are no new streets being dedicated or
widened, and tt~is developrnent is not located within a floodplain, hillside, or the like (UDC 11-
6B-4A). The subject property is within the City's Area of Impact and within the existing
corporate boundaries of the City.
Blackstone No. 2(PFP-0'7-004) PAGE 1
CITY OF MERtDIAN PLANNING DEPARTMENT STAFF RFPORT FOR THE HEARING DATE OF MARCH 18, 20U8
2. SUMMARY RECOn~IlVIENDATION
The subject appTications (RZ-07-023 and PFP-07-004) were submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the
RZ and PFP applications. At the December 20, 2007 hearing, Staff recommended approval of the
preliminary plat for two buildable lots and denial of the final plat. Staff is now recommending that
the RZ and PFP applications be approved with the coaditions listed in Exhibit B of the staff report.
aoproval of the subiect PFP and RZ request.
a. Summarv of Commission Public Hearing:
i. In favor: Lennv Riccio. Chris Todd. John Carpenter, Paul Edminster
ii. In oaoosition: None
iu. Commentin~: None
iv. Written testimonv: N.one
v. Staff Uresenting aUplication: Bill Parsons
vi. Other staff commenting on aaalication: Caleb Hood, Ted Baird
b. Kev Issue(s) of Discussion bv Commission:
i. The five foot landscaoing adiacent to the commoa drivewav.
ii. StubbinQ to the common drivewav on the south side of the nrouertv. Future
access on Black Cat for the Darcel sout6 of the uronosed develoament if the
proiect is not required to stub the common drivew~.
iri. The densitv requirement of the R-4 zoning district.
iv. Rezonine the aronertv from R-4 to R-8 to comalv with t6e densitv reauirements
of the UDC.
v. The number of homes that can take access from a common drivewav in
accordance with the UDC.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstandias Issue(s) for Citv Council:
i. Future access on Black Cat for the oarcel south of the nroaosed develo~ment if
the subiect prouertv doesfdoes not urovide internal (local) access.
The Meridian Citv Council heard these items on March 18. 2008. At the ~ublic hearin~ the Go~ncil
the s
~ um ubiect RZ and PFP reauest
marv of Citv Council Public Hearin~
1. In favor: L.ennv Rccio.
1'L In onuosidon: None
jjl. Commentinge None
iy. Written testimonv: None
y. Staff nresenting annlication: Anna CanninQ
yy Qther.staff commentin~r on annlication: None
~. Ke v Issues of Diccussion bv Council:
y P~rmifted and ondidonal Lses allowed in the R-4 versuc the R-8_ioning
_ ~
jj. Develonment a~reement for the site.
~. K~y Counc 1 Changec to Staff/Comuission Recommendation
Blackstone No. 2(PFP-07-004) PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RERORT FOR THE HEARING DATE OF MARCH 18, 20U8
'L he Citv Council reaoired a develonment agreement for the_site:_on1Y
_ _ ___
allowin¢ for the construcNon of thre~~ing,~e familv homes. as ro o~
. ee Condition 1.1.2 in Exhibit B below.
3. PROPOSED MOTIONS
Approval
After considering ail staff, applicant and public testimony, I xnove to approve File Numbers RZ-
07-023 and PFP-07-004 as presented in the staff report for the hearing date of March 18, 2008,
with the following modifications to the conditions of approval: (Add any proposed
modifications.)
Denial
After considering ail staff, appiicant and public testimony, I move to deny File Numbers RZ-07-
023 and PFP-07-004 as presented during the hearing on March 18, 2008, for the following
reasons: (State specific reasons for denial of the preTi~minary and/or final plat request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
RZ-07-023 and PFP-07-004 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
4700 W. Aspen Creek Street
Section 10, T.3N., R.1 W.
b. Applicant:
Landmark Engineering and Planning, Inc.
332 N. Broadmore Way,
Nampa, ID 83687
c. Owner:
Proj~ts West, Inc.
20 i 4 Meridian Street
South Puyallup, WA 98371
d. Representative: Same as applicant
e. Present Zoning: R-4
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant, Landmark Engineering and Planning, Inc.,
has applied for a combined Preliminary/Final Plat (PFP) approval of 3 single-family
residential building lots on 0.59 acres of land for Blackstone Subdivision No. 2. The gross
density for the subdivision is 5.1 dwelling units per acre.
1. Preliminary Plat, labeled Sheet 1, Landmark Engineering and Flanning, Inc., dated
11/06/07 (attached in Exhibit A)
2. Final Plat, labeled Sheet 1, Landmark Engineering and Planning, Inc., dated 11/02/07
Blackstone No. 2(PFP-07-004) PAGE 3
CITY OF MERIDIAN PLANIVING DEPARTMENT STAFF REPORT FOR THE H£AR1NG DATE OF MARCW 18, 2U08
(attached in Exhibit A)
3. Landscape Plan, labeled Sheet 1, prepared by Landmark Engineering and Planning,
Inc., dated 9/25/07 (attached in E~chibit A)
h. Applicant's StatemendJustification: The Blackstone No. 2 project is requesting approval of 3
residential lots within the existing Blackstone Subdivision. The three proposed lots will share
a common driveway and will access onto W.Aspen Creek Street, an existing public street
within the Blackstone Subdivision. The existing perimeter landscaping is adjacent to Black cat
and Cherry Lane and the proposed lots will conform to the R-4 zoning district standards. The
site is expected to develop with single family residences similar to the existing homes in the
vicinity. It is the intent of the developer to construct a development that is of the utmost
quality and is harmonious to the surrounding single famiiy developments.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a preliminary plat, as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 1 l, a public hearing is
required before the Planning Commission and the City Council on this matter.
b. The subject application will, in fact, constitute a final plat, as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11, a public hearing is required
before the Planning Commission and the City Council on this matter.
c. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-SB-3, a public hearing is required before the Planning &
Zoning Commission and City Council on this matter.
d. Newspaper notifications pubiished on: Decernber 3, 2007 and Decernber 17, 2007 for the
preliminary/final plat (Planning and Zoning Comrnission); Januar}~ 21, 2008 and Februarv 4,
2008 for the rezone: Februarv 25. 2008 and March 10. 2008 (Citv Cooncil)
e. Radius notices mailed to properties within 300 feet on: November 21, 2007 for the
preliminary/final plat (Planning and Zoning Commission); January, 11, 2008 for ihe rezone;
Februarv 22. 2008 (City CounciD
f. Applicant posted notice on site by: December 10, 2007 for the preliminary/final plat (Planning
and Zoning Commission); Januarv 28, 2008 for the rezone: March 8. 2008 (Citv Council)
6. LAND USE
a. Existing Land Use(s): A vacant residential lot.
b. Description of Character of Surrounding Area: Single-family residential uses are adjacent to
the north, south and east of the site with Ada County rural land to the east. Tlus area is rapidly
transitioning from rnral to urban.
c. Adjacent Land Use and Zoning:
1. North: Mill Iron Place Subdivision, zoned R-4
2. East: Single family residential (Blackstone Subdivision), zoned R-4
3. South: Single-family residential homes (Coral Creek Subdivision and Blackstone
Subdivision), zoned R-4
4. West: Single family residential /Pasture land, (Crestwood Subdivision), zoned RUT
(Ada County)
d, History of Previous Actions: The subject site was platted as Lot S, Block 1, with the
Blackstone No. 2(PFP-U7-OU4) PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
Blackstone Subdivision (flca. English Gardens Subdivision).
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: N Tessa Ave
Location of water: N Tessa Ave
Issues or concerns: None
2. Vegetation: N/A
3. Floodplain: N/A
4. Canals/Ditches/Irrigation: N/A
5. Hazards: None known
6, Proposed Zoning: R-8
7. Size of Property: 0.59 acres
f. Subdivision Plat Information:
1. Residential Lots: 3
2. Non-residential Lots: 0
3. 'I'otal Building Lots: 3
4. Cornrnon Lots: 0
5. Other Lots: 0
6. Total Lots: 3
7. Open Lots: 0
8. Residential Area: 0.59 acres
9. Gross Density: 5.1 units per acre
10. Lot Sizes: Lot sizes range from 8,546 square feet to 8,604 square feet
g. Landscaping: (See Analysis Below)
1. Width of street buffer(s): N/A; existing
2. Width of buffer(s) between land uses: N/A
3. Percentage of site as open space: N/A
4. Ofher landscaping standards: N/A
h. Proposed and Required Residential Setbacks: As per the R-8 zone for single family dwellings.
Muumum Dimensional Standards (in feet unless otherwise noted)
Proposed Required
Front living area setback (from back of sidewalk) 15 15
Front accessed garage setback (frorn back of sidewalk) 20 20
Side setback 5 5
Rear setback 15 12
Blackstone No. 2(PFP-07-004) PAGE 5
CITY OF MEltiD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCW 18, 2008
Minimum property size
Maximum building height
8,000 (s.f.) 5,000(s.f.)
35 35
(No changes to the dimensional standards in UDC Table I1-2A-S were requested or approved
with this application.)
i. Parking Requirements: UDC 11-3C-6 requires single family detached homes provide 2 car
parks in an enclosed garage with a 20 foot by 20 foot parking pad.
j. Surnmary of Proposed Streets and/or Access (private, public, common drive, etc.): A common
driveway will be shared by all of the lots and access to Cliis development will be provided from
a public street to/from W. Aspen Creek Street.
7. COMMENTS MEETING
On November 30, 2007 and January 18, 2008 (for the RZ), Planning Staff held an. agency
comxnents meeting. The agencies and departments present include: Meridian Fire Departrnent,
Meridian Police Department, Meridian Parks Department, Meridian Public Works Departrnent,
and the Sanitary Services Company. Staff has included all comments and recommended actions
as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. Medium density residential areas are anticipated to contain three to eight
dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Pr~liminary
/Final Plat include 3 single-family residential building lots on 0.59 acres for a gross density of 5.1
dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive
Plan for this azea and the proposed R-8 aoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed developrnent (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 lands
proposed to be annexed in the following manner: ~
- Sanitary sewer and water service will be extended to the project at the devedoper's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdzction of the Ada County Sher~s O~ce.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian Schood District No. 2. This
serviae will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Blackstone No. 2(PFP-U7-004) PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2U08
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 Utidity Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal N, Objective C, Action 1- Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing to rezone the site to an R-8 zone. This zone is compatible with the
surrounding residential subdivisions.
• Chapter VII, Goal I, Obj.ective C, Action 4- Reqnire new residential development to meet
development standards regarding landscaping, signage, fences and walls, etc.
Landscape buffers and perimeter fencing exist along Black Cat Road and Cherry Lane.
• Chapter VII, Goal N, Objective D, Action 2- Restrict curb cuts and access points on
collectors and arterial streets.
Except for the common driveway, access has already been approved and constructed with the
Blackstone Subdivision.
• Chapter VII, Goal I, Objective D, Action 9- Require new residential development to provide
permanent perimeter fencing to contain constrwction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
Perimeter fencing exists along the property boundaries of the proposed residential lots.
• Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories
(low-, mediurn-, and lugh-density single family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
The applicant is proposing to rezone the site to R=8, medium density residential. The
applicant is proposing single j'amily detached homes on lots ranging from 8,54~-8,604
square feet in size, which -Staff believes will provide the City with a variety of housing
opportunities.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal
pernutted uses in the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing oppominities consistent with the Meridian Comprehensive Flan, Connection to the City
of Meridian water and sewer systems is a requirernent for all residential districts. Residential
districts are distingu~ished by the allowable density of dwe}ling 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: As mentioned earlier, the applicant is proposing to construct three single family
detached homes on the subject site. Under the current R-4 zoning district, the project exceeds the
Blackstone No. 2(PFP-U7-U04) PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MARCW 18, 2008
density allowance of the UDC. The applicant is requesting rezone approval to an R-8 zone which
allows a maximum of 8 dwelling units to the acre and would allow the 3-lot project to go forwazd
as proposed.
At the December 20'" public hearing, the Commission felt this was a unique situation where you
have a project that cornplies with all of the dimensional standards however cannot meet the
density requirements. The Comrnission deternuned rezoning the property to an R-8 zone would
a}low the project to conform to the UDC. The Comprehensive Plan designation for the site aliows
a range of 3 to 8 dwelling units to the acre and supports a rezone of the property from R-4 to R-8.
However, the cornprehensive plan only serves as a guide for future residential development; the
zoning district dictates the density, uses and dimensional standards for an individual site. Except
for the gross density, the proposed project does comply with the dimensional standards of the R-4
zoning district. If the subject rezone is approved, the subject site will conform to the density
of t6e R-8 zone. Staff believes this may be considered spot zoning; however given the project
will be compatible with the surrounding residential neighborhoods and meet tLe ~
dimensional standards of the R-4 zone other than the density, Staff is supportive of the
rezone. Please see Exhibit D for detailed analysis of facts and findings.
The rezone legal description submitted with the application (prepared on December 21, 2007 by
William B. Erickson, PLS) shows the properCy within the existing corporate boundary of the City
of Meridian.
Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission
and City Council the authority to require a property owner to enter into a DA with the City of
Meridian that may require some written cornrnitment for all futwe uses. Due to the small size of
the subject property and the Applicant's intent to improve the subject site, Staff believes
that a DA is not necessary in this instance. However, if the Commission or Council feels that a
DA is necessary to ensure that this property is developed in a fashion that is consistent with the
Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear
outline of the cornmitments of the developer being required.
PRELIIVIINARY/FINAL PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Code, Staff believes that this is a good location for the proposed single-family residential
development. Please see Exhibit C for detailed analysis of facts and findings for a preliminary
plat.
District Regulations: As noted above, the proposed project has a gross density of S.1
dwelling units to the acre wluch conflicts with UDC 11-2A-1; allowing a maximum of 4
dwelling units to the acre in an R-4 zone. The applicant is requesting to rezone the site to
an R-8 zone to comply with the density requirements of the district regulations. If the
subject rezone is approved, the project would comply with the R-8 zoning districts
maximum density requirements of 8 dwelling units to the acre.
Common Driveways: UDC 11-6C-3 outlines specific criteria to be followed for projects
that share common driveways. The criteria is as follows: 1) no rnore than 4 dwelling units
are to share the common driveways, 2) The minimurn width of said driveway sha~ll be 20
feet, 3) the maximum length of the drive 150' or less unless approved by the City of
Meridian Fire Department, 4) common driveways shall be paved with a surface with the
capability of supporting fire vehicles and equipment, 5) all properties that abut a common
driveway shall take access from the driveway, 6) common driveways shall be straight or
provide a 28' inside and 4'8' outside turning radius, 7) any plats using a common
driveway, the setbacks, building envelope and orientation of the lots and structures shall
Blackstone No. 2(PRP-07-004) PAGE 8
CITY OF MERIDIAN PLANN•ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
be shown on the preliminary plat and/ or final plat or attach an exhibit referencing the
above mentioned items, and 8) a perpetual ingress/egress easement shall be filed with
Ada County Recorder which shall include a requirement for maintenance of the paved
surface capable of supporting fire vehicles and equipment.
The applicant is proposing to develop the site with three single family detached homes
with access to a common driveway. The submitted site plan indicates the applicant is
construeting the common driveway in accordance with the UDC. The Meridian Fire
Department has stamped the appiicant's site plan and referenced the driveway to be
constructed to handle a load of 75,000 lbs. The applicant will also be responsible for
rneeting the parking requirements regarding single family detached residences.
Maintenance of the common driveway shall be the responsibility of the home owners of
the adjacent lots.
During the December 20, 2007 hearing, it was discussed by the Commission to stub
the common driveway to the Couaty parcel south of the proposed development.
Several of the Commissioners were concerned with future access to the Couaty
parcel and the possibility of ACHD restricting access to Ten Mile in the future
if/when said parcel were to develop. Staff recommends that the Commission decide
if stubbing the common drivewav to the prouertv to the south is arudent.
Landscaping: The landscape plan submitted for this project, prepared by Landrnark
Engineering and Planning, Inc., labeled Sheet 1, dated 9/25/07 shall be modified as
follows:
Per UDC 11-3B-8C, the applicant shall provide a minimum of 5 foot
perimeter landscape buffer along interior lot lines adjacent to the cornmon
driveway with trees and groundcover.
• A written certificate of completion shoutd be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan and submitted to the Planning Departrnent upon completion of the
landscaping prior to Certificate of Occupancy for the site. All standards of
installation should apply as listed in UDC 11-3B-14.
Submit 10 copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the final plat application.
Elevations: The applicant submitted elevations for the subject project. Staff likes the
appearance of the conceptual elevations shown in Exhibit A. The features that staff
approves of are the gable rooflines facing the street, vertical siding, the covered porches,
and the brick veneer accents on the front facades. The applicant should construct homes
on the site that contain the above-mentioned design features. Vinyl siding should be a
prohibited building material for this site.
Common Areas/Open Space: Because this site is only 0.59 acres, the IJ~DC does not
require any open space.
Drainage: A seepage bed for stormwater drainage is shown in the southeast corner along
the southern pro.perty boundary and is south of Lot 1 and east of Lot 3. No trees shall be
planted over the seepage beds. All storm drainage facilities shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
Pressure Irrigation: Pressurized irrigation is available for the subject site. A11 three lots
will be served by pressurized irrigation system that is being used by the Blackstone
Blackstone No. 2(PFP-07=009) PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE WEARING DATE OF MARCH 18, 2008
Subdivision and will be the responsibiTity of the homeowner of said lots. The City of
Meridian requires that pressurized irrigation systerns be supplied by a year-round source
of water. The applieant should be required to utilize any existing swrface or well water for
the primary source. If a surface or well source is not available, a single-point connection
to the cuTinary water system shail be required. An underground, pressurized irrigation
system should be insta•Yled to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Fencing: The perimeter fencing for the subject site is already constructed and will
remain during and after construction is completed. Fencing should taper down to a 3 foot
maximum within 20 feet of all rights-of-way. All fencing shall be installed in accordance
with UDC 11-3A-7.
b. Staff Recommendation Staff recommends that the RZ and PFP applications for Blackstone #2 be
approved with the conditions listed in Exhibit B of t~he staff report. The Meridian Plannin¢ &
and RZ reuuest. The 1~Leridian Citv ('oLncil heard thece itemc on March 18. 2008. At the u~blic
o~nc 1 annroved the cubiect 7, and PFP reaLest
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat
3. Final Flat
4. Landscaping Plan
5. Site Plan
6. Elevations
B. Conditions of Approval
1. Planning Departrnent
2. Fublic Works Department
3. Fire Department
4. Pol•ice Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description and Exhibit
D. Required Findings from Unified Development Code
Blackstone No. 2(PFP-U7-004) PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8
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GTY OF MERfDIAN PLANNING DEPARTMENT STAFF R~PORT FOR THE HEARING DATE OF MARCH 18, 2008
2. Preliminary Plat
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E~chibit A
CITY OF' MERIDIAN PLANNING DEPARTMENT STAFF RERORT FOR THE HEARING DATE OF MARGH 18, 2008
3. Final Plat (REVISEDI
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCM 18, 2008
4. Landscape Plan (REVISEDI
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8
5. Site Plan
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Exhibit A
DATE ~F ~ARCH 18, 2Uua
s` ~POR,~ FpR TNE HEA~NG
PLA~~NC' ~EPARTMENT ST~F
C17Y OF ME~~-AN _`,~---,,,"'.....
h. Ele~ations
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EPARTM~NT STP.FF REPORT FOR TH
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE COMMENTS/PROVISIONS
1.1.1 The rezone legal description submitted with the application (prepared on December 21, 2007, by
William B. Erickson, PLS) is approved.
.1.2 Prior t~ the rezone ordin~nce annroval. a Develonment A~reement (DAl for tihe site shal.l be
accomnlished between the Citv of Meridian ~nci_ the nroner~~ ~wner(cl .(~t_ the time of rezone
ordinance adontionl. The annlic~nt shall contact the Citv Attornev Bill Narv at 888-4433 within
s of Council annroval to ir~tiate tlis nrocess The bA shail include t a 'nimum the
ollowin¢: ' --
• e subiect site sha•Il develon o lv with in~le f rnilv homes: one ner lot. to alinQ a
maximum of three homes/lots. Said home shall ubstantiallv comnlv with the elevation in
xhibit A•
1.1.3 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of pernrit submittal.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIlVIINARY PLAT
1.2.1 The preliminary plat labeled as Sheet No. 1, prepazed by Landmark Engineering and Planning,
Inc., and dated November 2, 2007, STAMPED November 6, 2007, by William B. Erikson, PLS,
is approved with the conditions listed herein.
1.2.2 Blackstone Subdivision No. 2 shall be subject to the UDC standazds of the R-8 (Medium Density
Residential) zorung district.
1.2.3 Construct a common driveway on this site in aceordance with UDC 11-6C-3D. Said driveway
shal'1 be constructed at a minimum of 20 feet in width, up to 1 SO feet in length and be able to
support fire vehicles and equipment up to75,0001bs. and starnped approved by the Meridian Fire
Department. A peipetual ingress/egress easement shall be filed with Ada County Recorder which
shall include a requirernent for maintenance of the paved surface capable of supporting fire
vehicles and equipment. The buiiding setbacks should be measured from the edge of the common
driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-
3C-6, provide each single-family detached dwelling with a two-car garage and a 20' x 20'
parking pad between the garage face and the common driveway (the asphalt for the comrnon
driveway shall not count towards the required parking pad area). Maintenance of the common
driveway shal`1 be the responsibility of the Homeowner's of Blackstone No. 2.
1.2.4 This subdivision lies within the Nampa 8c Meridian ~rrigation District; the Homeowners shall
own and maintain the pressurized irrigation system within the development. The City of Meridiaa
requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek
or wel'1 source is not available, a single-point connection to the domestic water system shall be
required. If a single-point connection is utilized, the developer shall be responsible for the
payment of assessments for the irrigable landscape areas prior to signature on the final plat by the
Meridian City Engineer.
1.2.5 The water system shall be approved and activated, fencing installed, and the Final Plat for this
subdivision shall be recorded prior to applying for building permits.
1.2.6 All development improvements ~ including water, sewer, and pressurized irrigation shaYl be
installed and approved prior to obtaining Certificates of Occupancy.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTME•NT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 20U7
1.2.7 Applicant will be responsible to construct all required sewer lines to the proposed subdivision,
Developer to coordinate sizing and routing with the Public Works Department, if necessary.
1.2.$ Applicant will be responsibie to construct all required water lines to the proposed subdivision.
Developer to coordinate sizing and routing with the Public Works Department, if necessary.
1.2.9 Staff's failwe to cite specific ordinance provisions or terms of the approved Preliminary Plat and
Final Plat for English Gardens Swbdivision does not relieve Applicant of responsibility for
compliance.
1.2.10 Single family hornes constructed on the site shall substantially comply with the elevations and
building materials (vertical and/or horizontal masonite /wood siding, brick accented front facades,
front porches, gable roof design) submitted with application PFP-07-004.
1.2.11 The developer shall comply with the parking requirements in accordance with UDC 11-3C-6.
1.2.12 Revise the landscape plan, prepared by Landmark Engineering and Flanning, Inc., dated
9/25/2007:
1) Provide a minimum 5 foot buffer adjacent to the common driveway entryway with trees
planted every 35 linear feet.
1.3 SITE SPECIFIC REQUIREMENTS-FIIVAL PLAT
1.3.1 The final plat labeled as Sheet No. 1 and prepared by Landmark Engineering and Planning, Inc.,
STAMPED November 2, 2007, by Wi~lliam B. Erikson, PLS, is approved.
1.3.2 Applicant shall be required to pay Public Works development plan review and construction
.inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
133 Revise or add the fol~lowing notes to the face of the.final plat:
1) Add note, "Maintenance of all common areas for Blackstone Subdivision (flca. English
Gardens) shali also be the responsibility of Blackstone Subdivision No. 2.
1.4 GEIVERAL REQUIREMENTS-PRELIMINARY / FINAL PLAT
1.4.1 Compaction test results must be submitted to the Meridian Buiiding Department for all building
pads receiving engineered backfill, where footing would sit atop fill materiai.
1.4.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.4.3 Sta~ff's failure to cite speci.fic ordinance provisions or terms of the preli~rninary plat does not
relieve the applicant of responsibility for compliance.
I.4.4 All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains located in N
T'essa Ave.
2.2 Water service to this site is being proposed via extension of mains in N Tessa Ave.
23 The applicant shall' install sewer and water mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than altemate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
Exhibit B
CITY OF MERIDIAN PLANIJING DERARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reirnbursable pipe) being finalized prior to construction plan approval. The detailed agreernent
with the reimbursable amount shall be approved by Council prior to plat signature.
2.5 The applicant shali provide a 20-foot easement for all public water/sewer mains outside of the
public riglit of way (include all water services and hydrants).
2.6 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 opecations 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 scheduiing of a pre-construction meeting.
2.7 The City of Merid'ian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The appiicant should be required to use any existing surface
water for the primary source. If a surface source is not available, a single-point connection to the
cuiinary water system sha.ll be required. If a single-point connection is utilized, the developer wiIl
be responsible for the payment of assessments for the common areas prior to signature on the
final p1aC by the City Engineer.
2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.9 Meridian Public Works specifications do not aliow any large landscaping within a five foot radius
of water rneters. The applicant shall make Che necessary adjustments to achieve this separation
requirernent and comply with all landscape requirements.
2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled, Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approvai. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.11 Street signs are to be in place, water systern shall be installed and activated, sewer systern shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District and the Final Plat for this subdivision shali
be recorded, prior to applying for building pernuts.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the fmal plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.13 Ali development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized imgation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.15 It shall be the responsibility of the applicant to ensure that all development features cornply with
the Americans with Disabilities Act and the Fair Housing Act.
2.16 Applicant shall be responsible for application and cornpliance with and NPDES Pemnitting that
Exhibit B
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARlNG DA7E OF DECEMBER 20, 2007
may be required by the Environrnental Protection Agency.
2.17 Applicant shall be responsible for application and compliance with any Section 404 Pernutting
that may be required by the Army Corps of Engineers.
2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all Arnerican with Disabilities Act
requirements for unobstxucted sidewalk access.
2.19 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfil~l, where footing would sit atop fill material.
2.20 The engineer shall be reguired 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.
2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetli-ghts, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Fublic Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shalt be installed at subdivider's
expense. Typical locations are at street intersections and/or fue hydrants, and no further than
400' distance in between locations. Final design locations and quantity are deternuned after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and pernut frorn Building Departrnent prior to
cornmencing installations.
2.22 Any existing domestie well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.23 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
3. FIRE DEPARTMENT
3.1 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.
3.2. ~411 entrance and internal roads and alleys shall haue a turning radius of 28' inside and 48' outside
radius.
3.3. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 2U' wide.
3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing.
3.5 All portions of the buildings located on this proj ect 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 HEAR]NG DATE OF DECEM'BER 2U, 2007
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design subrnitted with the application.
5. PARKS DEPARTMENT
5.1 Standazd for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (LJDC 11-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall subrnit an approved site
plan from SSC.
6.2 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough
enclosures to meet waste generation points and volumes that may be generat~ by the proposed
development. Please contact Bill Gregory at SSC (888-3999) to diseuss this matter prior to
issuance of the certificate of zoning compliance.
6.3 Trash collection for the existing residence needs to be from a local street, not from a collector or
arterial.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THf HEAR1iVG DATE OF DECEMBER 20, 2U07
C. Legal Description and Exhibit _ ._ _ _ .. _ _ _ ,~,,._,_._. _ . _ _ - , _...---. .- . - _ --.
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ZONII~G LEGAL DESCRiPTION
BLACKSTON:E SUBD,IVISION NO. 2
A;parce! o!'Iw~d •localed in the NW 1%4 of $e~[ion :f U, Township 3 Norih, Rnnge 1 V/cst,:
13oise Ivleridiait, Ciry of Meridian~ Ada County; ldaho tieing,Got 5. Block 1 of F3lackseone
S.ubd'+vis'son as recorded 'sn $ook 82:at Psge 8997 thraugk 8949 of Plats, Ada (:ounty,
l~ , idsha and also a.portion of N. 'fessa. Avenue and V~1. Aspen Creek S~re~t Right-c~f-Wey"s,
m~re particuiarly dGSCnbed ag follows:
~: ' Commencing at a~ 378 inch iroii rod merkin,g Ihe Nosthwest corner°of said Sixtion { 0;
T hence a long tlic NQ~t h lin,e of the said'N W.1/4, South 89° 40' 23" E esl, 4 8 4 4 feet;
~'~ fihence 1Eaving snld Norih line; Sciulh 0° 19' 3?" West, 74.93. fi:et to a 5l.8 inch iron cod
, markin~ the:Norlhwest cornar of said Lot 3 and ihe ~PO1NT OF BI'sGINNING;
"[7~ence ulong the lioundary of said Lot 5 the tollowing courses: South 89° 38' 12" i?.ast,
21.2:ry3 feet to a SJ8 inch iron rod;: "Pt~ence South U° 17' 30" V1Wesl. 66.0.0 feet tv a 5/8 inch
iron rod'; 7'hence South 55" 18'' 3b" ~asi,-48.7~ feet~to•a 5%8~insh iron rod ori the
~ IYbrthwesterly R~ghr-of-UVay 4f T1.1'essa A~e. % W. Aepe~~ C~k Sli~et; 7'he»ce l.esvi~~g
said bpundary of I,o~ .5., South.55° 18' 3G" F.,ast; 35~7 feat to a;puint of non-~angency;
{ Thence 4,8.12 feer slong a 2'S,75 Yoot radiu~ ~utVe to:thal~ thmu~h a cCntral-angic af
~ 107° 04.' 04" the chord of which bears South .48° 48' .16" West, 41.42 fcat to a po'int of
~ non-C~ngcncy. '~'henee NarUt 54° 56' 29" West, 29,:01 feet to g point on ihc
t Northwestcrly Itight=af VJay of N. 'i'esse pve. 2 W. ,Aspen Creek Stcect.; 'C11enCe alorig
~ the•batindary of said'°L9t 5 ihe follawing cc~urses: 'C,hence Nonh 5.4° 56' 39" West, 56.18
~' feet• td a 5/$~ inch. iion rod; 7'hence South 89° 55' 36" iNest, 48:92 fect,to a S/8 inch iran
~ rod; Thcnce.Suud~ 0° 04' 24" E,ast,.33 20'feet; Thence S~uth 8~° SS' 3G' Wesh, t3 t.:99
; feet ro a 3/8 inch iron rod; 'riience Not1h 0° O.G' 35" West,.12~7.3 S feel'to the rOINT OF
~ I3EGTNNINC.
~ ~ 'Said puicel contains.2d,814 s~, .tl. or 0:62!acres, more or less, ~nd is subject so. any and Nf
~ r.asements artd%r righ.ts=of:wa.y ofreeord.
_
' NOTC: 'fA~is descripti'on 'is to•be used for zoning:puiposes pnly. It ~s in no way intended
to:.be used foc U~nsfer of•ti.tle. ,
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Exhibit C
CITY OF MERI'DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 7'HE HEARING DATE OF DECEMBER 2U, 2007
D. Required Findings from Unified Development Code
1. Frelirninary/Final Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. The Cowncil supports the proposed density and proposed plat
layout, with recomrnended changes, as they cornply with the provisions of the
Cornprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services can be made available to accommodate the
proposed development. ($ee Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the Council finds that the subdivision wil~l not require the expenditure of capital
improvement funds.
4~. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., Police, F'ire, ACHD, etc.) to deternune this finding. (See Exhibit
B, Agency Cornrnents and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any healfh, safety, or environmental problerns associated
with the developrnent of this subdivision, , that
should be brought to the Council attention. ACHD considers road safety issues in their
analysis. Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed subdivision
may cause health, safety or environmental problems.
6. T6e development preserves signifcant natural, scenic or historic features.
The Council is unaware of any natural, scenic, or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss ar
damage of any natural, scenic or historic feature(s) of major importance. Staff
recoxnmends that the Commission and Council reference any public testimony that may
be presented to deternvne whether or not the proposed developrnent may destroy or
damage a natural or seenic feature(s) of major importance of which staff is unaware.
Exhibit D
C1TY OF MERIDIAN PLAN1ViNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 20U7
2. 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 the subject property to R-8. The Council fmds that the
proposed zoning map amendment cornplies 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 t6e proposed district,
specifically tHe purpose statemeat;
The Council finds single family residences are pemutted withi~a the requested R-8 zoning
district. Staff finds that any future use and / or development of this property should comply
with the established reguiations and purpose statement of the R-8 zoning district.
c. The map amendment shaU not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning arnendment 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. T6e map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within t6e City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse irnpact
upon the delivery of services by any political subdivision providing services to this site.
Exhibit D