Chalet Marseilles AZ 07-020ADA COUNTY RECORDER J. DAVID NAVARRO AM~UNT .~0 56
BOISE IDAHO 06106108 10:25 AM
DEPUTY Vicki Allen II I I I II ~I'I I I II I'I I) I I II I(I I I II I I I'I)
RECORQED-REQUEST OF 1~$~~~~~~
Ciiy of Meridian
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. RC Meridian Partners, LLC1 Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this ~ g'~ day of it-la , 2008, by and between City of Meridian, a
municipal corporation of the State f Idaho, hereafter called CITY, and RC Meridian
Partners, LLC, whose address is ~ ' ' , ,
hereinafter called OWNERS/DEVELOPERS. ~~~~ ~ ujt;c~< Qd.
i~Grit~,aN, Lcf. g~G'r7r~
1. RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owners/Developers have submitted an application for
re-zoning of the Property's described in Exhibit A, and has requested
a designation of R-15, 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 (AZ 07-020) CHALET MARSEILLES 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 St 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 this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Owners/Developers to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES 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 OWNERS/DEVELOPERS: means and refers to RC Meridian
Partners, LLC, whose address is 8142 S. State Street, Suite 106,
Midvale, Utah 84047, the parties 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 R-15, Medium
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 which are herein specified as follows:
Construction of 120 multi farrtily dwelling units on three residential
lots and one common lot in the proposed R-15 zoning district on
21.81 acres and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 07-020 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. Owners/Developers shall develop the Property in accordance with the
following special conditions:
Construct a maximum of 120 units on the site and comply with the site plan,
dated 03-OS-08, and elevations submitted with the CUP.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns,
to comply with Section 5 entitled "Conditions Governing Development of Subject Property"
DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 3 OF 9
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:
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 if the 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 entirety of said development of the Properly 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 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 faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Properiy, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owners/Developers of 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.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
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
DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 4 OF 9
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners/Developers, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owners/Developers shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owners/Developers or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The Ciiy 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 installation 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 Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agrees
to abide by all ordinances of the City of Meridian and the Property shall be subject to de-
DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 5 OF 9
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 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
RC Meridian Partners, LLC
8142 S. State Street, Suite 106
Midvale, UT 84047
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 6 OF 9
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between 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.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subj ect 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
andlor amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS/DEVELOPERS
RC MERIDIAN PARTNERS, LLC
~
By:
CITY OF MERIDIAN
By:
MAYOR TA de WEERD
ATTEST:
~
JAYC~ L. HOLMAN, CITY
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DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 8 OF 9
STATE OF aGt.e~ ,
: ss
County of ~~.a- ,
On this 2~5~~ day of ~ , 2008, before me, the
undersigned, a Notary Public in and for aid State, personally appeared
G.~on_ go~,--- , known or identified to me to be
the .~ of RC Meridian Partners, LLC and the person who signed the
above 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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,p o Residing at: ~,~,2~~.0~„~.,. ~a.a-c~
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STATE OF IDAHO )
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County of Ada )
On this ~~ da of ~~rl~ , 2008, before me, a Notary
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Public, personally appeared 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate irst above written.
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DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 9 OF 9
~Xti,`d~~ 1- /~
Legal Descriptions
Rrojectc 1~.0-q7-057
Dates. ~eptembeF 4, 2007
R•15 2CNE DES.GkIRTiON
'1'kia~ pbr[fon of ~the Sputheast:f4 ~Qf the SoOthe~st yi qf.Se4Gion 31, Tpwr~M.p 4 North, Range 7 East,
Boife Alertdiart, IiAerfdian, Atla. Coun.ty, idaho. and inore.partku(a~tX descKbed as follows::
C6minen~ing at tfie Sputheast corneF of 3eCtion 31., the PQINT OF BEGINNING; .
thence alang'the SbutheRy boundary of the Souq~.east. Y oj the.5ouUlea'st Y..of said Sectlon, ~
•NOt.th ;89•47'Q9" West, 662:30 fect;
theiiee;a~fn$ the N/estecly buundary of tfie Southeast Y. of tlie South~ast Y~f .tfie SoutAeaSt Y. af
Seetlon 31, North 00'~4`05'~EasR, 62.3.50 feet;,
tRence North 89'46'36?` 1Ngst, 661:77 feet [o the V~re3Eer~y boundary.of Ehe SqutheasE Y~ of Ehe
Sou~he~t y. o( SectiQn 31;
~
thRnce Afong.said.6ounda .ry North 00'~TQ,O' Eas,c, 7U6;02 feeE to tlip Southc~ly:f~t~ndary.o( i~enzer
Comrnoiu SutidiVisipn;
therrce aloi~g taid boun~ary, Saifth 99'46'26• East, 661.1.~:teQt to the We.steKy b.QUndary di the
Nor•flie~t~ 'Y. of.•tlie $outheastY. of the.So~theaist Y,.of~;eetion 31.;
thence aton,g. ~id tidunGary; South.00'34'05' µles.h, 59.4.7'6 feet;
tlj~ence Squth 89'46'45' ~st, 661.66 feet to the EasterLy.,~oundary of. EAe SoutFiea~t w of the
Sctitheast ti ~df 9ecEiori.31; •,
thence along saifd Doundary, Soytfi 00'31~9' West, 729..69 feet t8 tltie POIN7 OF BEGINNING.
:E.oncaining.21.81.0 acres, mo~e or l~ss.
ENb OF D~SCRIPTION
Pfgpared by:
J•U•,8 ENGINEER4; Inc..
~Ron~ttl M..Viodge, R.L.S.
BRxEVIE 'PP AL
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CITY OF MERIDIAN
F~NDINGS OF FACT, CONCLU5IONS
O~ LAW AND
DECISION & ORDER
In the Matter of Request for AnnexaNon and Zoning of 21.81
to R-15 (Medium Density Residential); Preliminary Plat with
and 1 Common Lot in a proposed R-15 zoning district; Cond~
multi-family dwelling units in a proposed R-15 zoning distric
within the proposed multi-family development; Alternative C
design from the private street standards for Chalet Marseille~
LLC.
Case No(s). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008
For the City Council Hearing Date of: March 18, 2008
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing
incorporated by referenee)
2. Process Facts (see attached Staff Report for the hearing
incorporated by reference)
3. Application and Property Facts (see attached Staff Report
18, 2008 incorporated by reference)
E~` IDIAN~
IDAHO
cres from Ada County RUT
Residential Building Lots
onal Use Permit for 120
Private Street approval
mpliance for an alternative
by RC Meridian Partners,
ALT-07-020
on the April 1, 2008 City
of Mazch 1 S, 2008
of March 18, 2008
the hearing date of March
4. Required Findings per the Unified Development Code (se 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 on it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Id o Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Uni ed Development Code
codified at Title 11 Meridian City Code, and all current zo ing maps thereof. The City of
Meridian has, by ordinance, established the Impact Area d the Amended
Cornprehensive Plan of the City of Meridian,.which was a opted August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISpON & ORDER
CASE NO(S). AZ-07-020, PP-07-027, CUP-0'7-023, PS-07-008 & ALT-07-U2U I
-1-
3. The conditions shall be reviewable by the City Conncil pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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 Fublic Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan and the
Conditions of Approval all in the attached Staff Report for the hearing date of March 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 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 applicanYs Prelim~inary Plat as evidenced by having subrnitted the Preliminary Plat
dated 03/OS/2008 is hereby conditionally approved;
2. The Ap.plicant's Annexation request, as evidenced by having submitted the legal
descri~ption and exhi~bi,t map, stamped and dated 09/04/07, by Ronald M. Hodge, PLS, is
hereby conditionally approved;
3. Development Agreement is required with approval of the subject Annexation
application and shall include the provisions notecl in the attaehed Staff Report for the
heari•ng date of March 18, 2008, incorporated by reference;
4. The applicanYs Site Plan as evidenced by having submitted the Site P}an dated March
5, 2008 is hereby conditionally approved;
5. The si.te specific and standazd conditions of approval are as shown in the attached Staff
Report for the hearing date of March 18, 2008 incorpor.ated by reference.
D. Norice of Applicable Time Limits
Notice of Preliminary Plat Duration
CITY OF MERIDIAN F[NDI7VGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-030
-2-
Please take notice that approval of a prel.iminary plat, cornbined 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 witlun two (2) years of the approval of the
preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
prelirninary plat, such segments, if submitted within successive intervals of eighteen
(18) months, may be considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of tirne to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council may be granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
Notice of Eighteen (18) Month Conditional Use Permit Duration
P1ease take notice that the conditional use perm~it, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded withi~n 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 sha11 be constructed within successive intervals of one (1) year
from the ori~ginal date of approval. If the successive phases are not submitted within the
one ( l) 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 comrnenee the use not to exceed one (1) eighteen (18) month period. Additiona~l
time extensions up to eighteen (18) months as deterrnined and approved by the
Commission may be ganted. 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 Appliaant 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 taki•ng analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
C1TY OF MERFDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND UECISiON & ORDER
CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-U7-008 & ALT-07-U20
-3-
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approvai may within twenty-eight (28) days after the date of
tlus 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
1S'~
By action of the City Council at its regular meeting held on the t day of
~ , 2008.
COUNCIL MEIVIBER DAVID ZAREMBA VOTED~
COUNCIL MEMBER JOE BORTON VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED~
COUNCIL MEMBER KEITH BIItD VOTED I_o,
~__~
MAYOR 'I'AMMY de WEERD VOTED /
(TIE BREAKER)
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~ary~ot+T de Weerd
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Attest: ,•~~ C~~~ '~~~
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Jaycee olrnan, City Clerk ", ~ e~' r`
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Copy served upon Applicant, The
Public Works Department and City
Attorney.
B Dated: ~' - ~^1"0 ~
ity Clerk's Office
CITY OF MER[DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-U7-020, PP-07-027, CUP-07-U23, PS-07-OU8 & ALT-07-020
-4-
CITY OF M£RIDIAN PLANNfIVG DEPARTMENT STAFF REPORT FOR THE HBARING DATE OF MARCH I8, 2UU8
STAFF REPORT Hearing Date: March 18, 2U08
TO: Mayor and City Council t ~t
FROM: $ill Parsons, Associate City Planner ~.. ' E' 1.DIA1~1~`
208-884-5533 I D A H O
SUBJECT: Chalet Marseil:les
• AZ-07-020 - Request for Annexation and Zoning of 21.81 acres from Ada
County RUT to R-15 (Mediurn Density Residential), by RC Meridian Partners,
LLC.
• PP-07-027 - Request for a Preliminary Plat with 3 Residential Building Lots
and 1 Common Lot i~n a proposed R-15 zoning district, by RC Meridian
Partners, LLC.
• CiJP-07-023 - Conditional Use Permit for ~ 120 multi-family dwelling units
in a proposed R-15 zorung district, by RC Meridian Partners, LLC.
• PS-07-008 - Private Street approval within the proposed Chaiet Marseilles
multi-family develo.pment, by RC Meridian Partners, LLC.
• ALT-07-020 - Alternative Compliance for an alternative design from the
private street standards, RC Meridian Partners, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, RC Meridian Partners, LLC, has appiied for Annexation and Zoning (AZ) of 21.8 acres from
RLTT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for
Preliminary Plat (PP) approval of 3 residential lots and one common lot; Conditional Use Permit (CUF)
approval to construct a multi-family development consisting of 122 condominium units and a club house; a
private street (PS) application for eight private streets within the proposed development and alternative
compliance (AL'I~ to allow the construction of a 36-foot street section to accommodate 8-foot parking aisles
along one side.
The applicant is proposing to develop the site as an active adult community totaling 122 condominium units
with units ranging in size from 1,200 to 1,900 square feet. There is a 5,240 square foot club howse also proposed
for this site. The proposed dwelling types include 2 individual detached buildings, 14 dual unit buildings and 23
quad-buildings for a total of 39 buildings on the site excluding the club house. The applicant is proposing two
building foo.tprints/floor plans for the buildings on the subject site; one is a large floor plan, of which 66 of the
122 total units are a part, and the other is a small floor plan which totals 56 units. Access to the site will be via
N. Locust Grove and N. Heritage Avenue with the applicant proposing eight private streets and three public
streets that will provide access and circulation within the proposed developrnent.
The subject site is located at the northwest corner of E. Ustick Road and N. Locust Grove in Section 31, T4N,
R1E. The site is currently designated Medium Density Residential on the City's Comprehensive Plan Land Use
Map. This site is within the City's Area of Impact and is contiguous to the current City limits.
2. SUMMARY RECOMMENDATION
The subject applications (AZ, PP, CIJP, PS, & ALT) were submitted to the Planning Department for concurrent
review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council
on the AZ, PP and CUP applications and the PS and ALT applications are reviewed at the Staff level. Below,
Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation,
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING UATE OF MARCH 18, 2008
Preliminary Plat, Conditionai Use Perrnit, Private Street, and Alternative Compliance applications. Staff is
recommending the applicant submit a revised site plan for the proposed Chalet Marseilles Development
(A~07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020) reflecting Staffs reeommendations
provided in the aaalysis section below. If the Commission fnds that the revised plan is acceptable and
wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in
Exhibit B of the Staff Report. The Meridian PlanninQ & Zoning Commission heard these items on
Januarv 17 2008 and Februarv 7 2008 At the aublic hearin¢ the Commission moved to recommend
approval of the subiect AZ, PP and CiJP request.
a. Summarv of Commission Public HearinQ:
i. In favor: Darren Fluke (aaplicant's representative)
ii. In onoosition: None
iii. CommendnQ: Tim Kruoa. Jeff Larsen
iv. Written tesHmonv: John Whitson
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on aaplication: Caleb Hood
b. Kev Issue(s) of Discussion bv Commission:.
i. The uronosed nerimeter block wall.
j4 The shared drivewavs and the width of the uarkin¢ oads and drivewavs in front of t6e
units.
iii. Road im rovements at the intersection of Locust Grove and Ustick Roads.
~y. T6e applicant should work with the LDS church regarding the location of the
^ decorative wall on the ehurch's arooertv and a future access aoint to E. Monet Street.
y, The 8-foot spite stria that does not allow the extension and connection of N. Heritaee
View Ave with N Yellow Peak Ave at the northern aroaertv boundarv of Wanda's
Meadow Subdivision at this time.
c. Kev Commission Chan~e(s) to Staff Recommendation:
i. Commission did not reauire a site directorv or site map for the site; condition 1.4.17
reflects this chanQe.
u. Strike through the arovision repuirine the 5 feet of landscaping adiacent to t6e shared
drivewav in condition 1.2.4.
iii. The apalicant has revised areliminarv ala - the site plan and the landscapine alan to
reflect Staf~s and Commission's recommendations; all have been inserted in the
Exhibit A.
',~Y. Strike throus6 a portion of condition 141 discussing the drive aisle and aarkinQ aad
requirements for the site Added as proposed on the revised site olan.
y. Modified condition 1416 reauirin~ the aaalicnnt to urovide at least 60-feet between
¢arage faees as prop~sed in the revised site Ulan.
~'y Add two new conditions• 1) work with staff and the LDS Church for future
connectivitv to E Monet Street (Condition 1.2.121 and 21 work with the church
reQardin the location of the decorative block wall and if the church does not allow the
block wall one is not required (Condition 1.2.13).
d. Outstandins Issue(s) for Citv Council:
i. Review of the revised nreliminarv alat, site alan and landscape nlans.
ii. Block wall(s) on the perimeter ia relation to church aroaertv.
The Meridian ( 'itv ['o~ncil heard thece ite ms on March 18. 2008. At *hp n~b ic hearinu the Co~,~~'1
-
noroved the s
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ubiect AZ. PP. CiJP. PS an
d ~i.T reauest
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g, Snm marv of Citv Gouncil Publ ic HearinQ:
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jy In onnosiNon: None
jjj. ['ommentin~• nn H~ hincon_ Arde 1 Baker (neLtral oartv
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH~E HEARfNG DATE OF MARCH 18, 2U08
jy. Written te~timon v• Ann Hutchinson and Wendell MarNn
y. Staff nresentinn ~nnlirAtinn~ Anna CanninQ
yy ther staff rnmm entinQ nn annlic9tion: None
~. Ke v Issues of Disc~ssion bv Co~ acil•
~the Whitson oronertv
t
i
'
y The soite striu b .
v an
c nrooer
cant
etween the a~ol
jj. The nrivate ctree t cectionc for the cite.
jjj, pY~,~~urized irriQ
he s ation to the ~te and maintaining the irriQaNon reaLrements
west
s to the
~ Tree nLitiQation f .
or the site.
Qeo*P~h rP.,.
y~ Th~ .rr nf rhP ~:rP rE+aarr~ina the wet area ie the northwest corner
_
- ~
~ Ke
^ v ouncil C'han~ec to Staff/C' ommission Recommendation
y ounc il reauired a DA for the cite_ The annlicant shall be tied the
CUP site nlan a IId elevatiOn~ fnr thP ~;tP_ ThP i~A ~rovisinn has been included
in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07-020,
FP-07-027 and CUP-07-023 (PS and ALT optional) as presented in staff report for the hearing date of
March 18, 2008 with the following rnodifications: (Add any proposed modifications.)
Denial
Atter considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-020,
PP-07-027 and CUP-07-023 (PS and ALT optional) as presented during the hearing on March 18, 2008,
for the following reasons: (you should state specific reasons for denial of the annexation and plat and
you must state specific reasons for denial of the conditional use permit and what the applicant could do
to gain your approval in the future.)
Continuance
After considering all staff, appl~icant and public testimony, I move to eontinue File Numbers AZ-07-
020, PP-07-027 and CUP-07-023 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:
NWC of E. Ustick Road and N. Locust Grove Road
Section 31, T4N, R1E
b. Owners:
RC Meridian Partners, LLC
8142 S. State Street, Suite 106
Midvale, Utah 84047
c. Applicant: ~
same as above
d. Representative:
Daren Fluke, J-U-B Engineers
250 S. Beechwood Ave, Suite 201
Boise, ID 83709
e. Present Zoning District: RUT (Ada County)
£ Present Comprehensive Flan Designation: Mediurn Density Residential
Ct-alet Marseilles AZ, PP, CUP, PS & ALT PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATB OF MARCH 18, 2008
g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat
approval of 41ots on 21,8 acres in a proposed R-I S zoning d~istrict. Also for concurrent review, the
applicant is requesting Conditional Use Fernvt (CUP) approvai to construct a multi-family
development consisting of 122 units and a club house. The applicant is also requesting approval to
construct a private streets with one side designated for a parking lane and the other with 5-foot
attached sidewalks and alternative compliance from the private street standards to ailow an 8-foot
parking lane bn the proposed private streets.
1. Date of site plan (attached in Exhibit A): 12-14-2007
2. Date of landscape plan (attachEd in Exhibit A): 12-14-2007
3. Date of elevations (attached in Exhibit A): 7-10-2007
4. Date of preliminary plat (attached in Exhibit A): 12-14-07
h. Applicant's StatemenbJustification: The applicant is requesting Annexation and Zoning approval
from the existing RUT zoning to R-15 zoning; preliminary plat approval of three residential lots and
one cornmon lot and conditional use approval to develop a 122 condorninium unit active adult
comrnunity. Each unit will be individually owned and maintenance will be the responsibility of the
Home Owner's Association. The applicant is also submitted a private street application and requested
alternative compliance to allow private streets for the proposed multi-family development and allow
a deviation from the private street design standards. The private streets exceed the minimum
requirements and act as an enhancement to the project. Primary access to the development is from N.
I,ocust Grove Road.
Most of the buildings proposed for the site wil~l be single story units with optional lofts. T'he proposed
land use and architechual style of the condo units will enhance and compliment the existing
residential developrnents. All buildings wi~ll meet Che multi-farnily development setback
requirements. The club house for the site will provide amenities such as an exercise facility, theater,
cornmunity kitchen, and swimming pool. Additional arnenities include walking paths, water feature,
community rose garden, tennis courts, putting greens and pavilion equipped with tables and
barbeques. The intent of this project is to incorporate a high quality project that will be an asset to the
City. (See Applicant's Submittal Letter for more.)
5. PROCESS FACTS
a. The subject application will in fact constitute an Annexation as determined by City Ordinance.
By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public
hearing is required before the Planning & Zoning Commission and the City Cowncil on this
rnatter.
b. The subject application will in fact constitute a Preliminary Plat as determined by City
Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a
public hearing is required before the Planning & Zoning Commission and the City Council on
this matter.
c. The subject application will in fact constitute a conditional use as deternvned by City
Ordinance. By reason of the provisions of the Unified Developrnent Code Title 11 Chapter 5, a
public hearing is required before the Planning and Zoning Commission and the City Council on
this matter.
d. The subject application wil~l in fact constitute a private street as deternuned by City Ordinance.
By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public
hearing is not required on this matter.
e. The subject application will in fact constitute an Alternative Compliance review as detemuned
by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11,
Chalet Marseill~ AZ, PP, CUP, PS & ALT PAGE 4
CITY QF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MARCH 18, 2008
Chapter 5, a public hearing is not required on this matter.
f. Newspaper notifications published on: De~ember 31, 2007 and January 14, 2008 (Planning and
Zoning Commission); Februa 25 2008 and March 10 2008 Ci Council
g. Radius notices mailed to properties within 300 feet on: Decernber 21, 2U07 (Planning and
Zoning Cornmission); Februarv 22. 2008 (Citv Council)
h. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Comrnission);
March 8. 2008 (Citv Councip
6. LAND USE
a. Existing Land Use(s): There is an existing home and associat~ outbuildings located on the site.
These structures should be removed prior to the City's Engineer signature on the final plat.
b. Description of Character of Surrounding Area: The azea surrounding the proposed development is
primarily single-family residential.
c. Adjacent Land Use and Zoning:
1. North: LDS Church and Single-family homes, Quenzer Comxnons No.S and No. 6; zoned
RUT(Ada County) and R-8
2. West: Wtutson Parcel, zoned RU`f in Ada County; Single-family homes, Wanda's
Meadows, zoned R-4
3. South: Single-farnily homes, Howell Tract S~bdivision; zoned R-8
4. East: Single-family homes, Sumrnerfield Subdivision; zoned R-4
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Fublic Works
Location of sewer: N Loeust Grove Rd, N Yellow Feak Ave, N Heritage Ave.
Location of water: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave.
Issues or concems: Pressure zone conflict PRV will need to be installed by the
developer at the N Heritage Ave water connection.
2. Vegetation: There are some existing trees on the subject properties that should either be
preserved or mitigated for.
3. Floodplain: N/A
4. Canals/Ditehes/Irrigation: There are irrigation ditches on the subject property which are
proposed for tiling.
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Size of Property: 21.8 acres
7. Gross Density: 5.8 units per acre
f. Landscaping (see Analysis below for more details):
1. Width of street buffer(s): A twenty-five foot wide landscape buffer is required on N. Locust
Grove Road and E. Ustick Road. Both roadways are designated arterial roadways.
2. Width of buffer(s) between land uses: N/A
3. Percentage of site as open space: The applicant states that 13.11% (2.86 acres) of the site is
being set aside for common open space.
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 5
CITY OF MERIDIAN PLANNRJG DEPARTM~NT STAFF REPOR7 FOR THE HEARING DATE OF MARCH 18, 2008
UDC 11-3.B-12.
g. Arnenities: For multi-family developments with more than 100 units, the decision malcing body shall
require additional amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d).
There are 122 units proposed in this development. As a reference for multi-family developments with
75 units or more, 4 amenities are required, with at least one from each category (Quality of Life,
Open Space, and Recreation). The club house portion of the development will provide amenities as
follows: 5,240 square-feet with exercise faeilities, stadium seating theater, a community kitchen,
swimming pool and water feature. Other amenities on site include: walking path throughout the
development, open grassy azeas with sitting azeas, a putting green, a teruus court, a community rose
garden, plaza azea and a pavilion with tables and barbeques. See Analysis below for more
inforrnation regarding amenities.
h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to
have 2 parking spaces per dwel~ling unit in a covered carport or garage. The applicant is proposing 2-
car garages for each dwelling unit. However, the applicant has stated that the rnulti-fami}y units are
proposed to be platted as condominiums in the future. If the multi-family units are platted for
condominiums (whieh the city would then classify the units as single-family), the applicant would be
responsibie for providing a 20' X 20= pad in front of the garages of the wnits. The Applicant is
currently showing some visitor parking on the multi-family/condo sites. Staff is not supportive of
the shared drive aisles and parking pads for the units located along the perimeter of the
project. Staff believes that the parking pads in front of the garages should either be 20' x 20'with a
25' wide drive aisle/back-up area, for a total or 65-feet in length to aecommodate vehicular
maneuverability OR the garages should be pulled closer together to be 5' in length or less to the
drive aisle. If the pads are constrweted as proposed (50' between garages) in front of some of the
garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles and
not providing adequate back-up area. See below for further analysis.
i. Conditional Use Information:
1. Non-residential square footage: 5,240 square feet (Cornmunity Clubhouse)
2. Proposed building height: approximately 30 feet
3. Pereentage of site devoted to bnilding coverage: 25%
4. Percentage of site devoted to landscaping: 29%
5. Percentage of site devoted to paving: 46%
6. Percentage of site devoted to other uses: 13.11 % useable common open space
7. Number of residential units: 122
j. Required Dimensional Standards: The applicant is proposing a multi-family development within an
R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless
a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is
greater than the 10-foot requirement (12-feet). The minunum interior setbacks between buildings
should be 10 feet.
k. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The applicant is
proposing eight private streets and three public streets that wili provide access and circulation within
the proposed development. Primary access to the site is proposed from N. Locust Grove to/from E.
Monet Street. Heritage View Avenue will be extended from the north to provide access and
connectivity to the existing residential subdivision (Quenzer Commons No. 6). Heritage Avenue and
N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to
Chalet Marseilies AZ, PP, CUP, PS & ALT PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH I8, 2008
adjacent properties. The applicant should also provide a public turnaround easement where N.
Chardin Avenue and E. Vernet Lane intersect.
7. AGENCY COMMENTS MEETING
On December 28, 2007, staff held an agency comments meeting. The agencies and departrnents present
included: Meridian Fire Department, Parks Department and Public Works Departrnent. Staff has included all
comrnents and recommended actions as Conditions of Approval in Exhibit B.
8. COMPREHENSNE 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 project includes 122 units on 21.8 acres for a gross density of 5.59
dwel.l;ing units/acre. The proposed density lies within the anticipated density of the Cornprehensive Plan for this
area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
• Require that devetopment projects have planned for the provision of all public services. (Chapter VII,
Goal III, Obj ective A, Action 1)
• The roadways adjacent to the subject lands are currently owned and maintained by the
Ada Counry Highway District (ACHD). This service wi11 not change.
• The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
• The subject lands are currently serviced by the Meridian Library District. This service
will not change.
• The subject lands currently lie within the City's urban service planning area and is
serviced by Meridian City Fire Department. This service will not change.
• The subject lands currently lie within the jurisdiction the Meridian Police Department
(MPD). This service will not change.
• The subject site can be serviced by the Ciry of Meridian's sanitary sewer and water
system.
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.
• Chaptet VII, Goal N, Objective C, Action 1: Protect existing residential pro.perties from
incompatible land use development on adjacent parcels.
Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of
Meridian to develop with residential land uses. StafJ`' believes the proposed development to be
harmonious with the ezisting and future residential developments in the area.
• Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along
transportation corridor (setback, vegetation, low walls, berms, etc.).
The applicant is reguired to install and maintain a 2S foot landscape bufjrer adjacent to both N.
Locust Grove Road and E. Ustick Road. Within the required buffer the applicani is proposing a
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 7
CITY OF MERIDIAN PLANIVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2U08
berm.
• Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian
Travel: A Recornmended Approach" from the National Center for Bicycling and Waiking in all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projecls, in a manner that is safe, accessible and convenient. Staff
believes that the subject applicatioru generally comply with the applicable policies listed in the
literature noted above.
• Chapter VI, Goal Il, Objective A, Action 6: Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The adjacent residential projects to the southwest and north have provided opportunities for the
subject site to provide vehicular connectivity. The applicant is proposing to extend the existing
public streets to make connectians for vehicudar and pedestrian connectivity. Further, the applicant
is proposing to construct a north-south public street, Chardin Avenue, along the west property line
so that that vacant parcel can e~ciently develop and connect to the subject site in the future. Staff is
generally supportive of the vehicular connectivity proposed.
• Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The adjacent Quenzer Commons project to the north has provided an opportunity for a pedestrian
connection to this property. The applicant is providing pedestrian connectivity internally as well as
to the Quenzer Commons Subdivision No. 6 to the north. The applicant is also provided future
pedestrian connectivity to the parcel west and south of the site.
. Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in ail new developrnent to
link subdivisions together and promote neighborhood connectivity.
See analysis above.
. Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
Prior to construction of any buildings, temporary fencing should be constructed around the
perimeter of this site.
StafJ'~recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's development request is appropriate
for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Use Control: Unified Developrnent Code ([TDC) 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-farnily
developments; please see Section 10, Analysis below for more information.
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 8
CITY OF MER1DlAN PLANNiIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for ali residential districts. Residential districts are
,distinguished by the allowable density of dwelling wnits per acre and corresponding housing types that can
be accommodated within Che density range.
c. Multifamily Development (UDC 11-4-327): The following standards shall apply for the multifamily units,
including standards for Site Design, Comrnon Open Space, Site Amenities, Architectural Character,
Landscaping, and Maintenance.
Site design (IJDC 11-4-3.27B):
The ~building shal~l provide a minimum setback of ten feet unless a greater setback is otherwise required
by this titte. Building setbacks shal'1 take into account windows, entrances, porches and patios and how
they impact adjacent properties.
A11 site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and
utility vaults shall be located in an area not visible frorn a public street, or shall be fully screened from
view from the publie street.
A cninimurn of 80 square feet of private, usable open space shall be provided for each unit. This
requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping,
entryway and other access ways shall not count toward this requirement. ,
For the purposes of this Section, vehicular circulation areas, parking areas and private useable open
space shall not be considered comrnon open space.
The parking shail meet the requirements set forth in Chapter 3 of this Title.
Developments with 20 units or more shall provide the following: a property management off ce, a
maintenance storage area, a central mailbox location, a directory and map of the development at an
entrance or convenient location for those entering the development.
Common open space design requirements (UDC 11-4-3.27C):
A minimum area of outdoor cornmon open space shall be provided as follows: a) 150 square feet for
each unit containing 500 or less square feet of living area; b) 250 square feet for each unit contauung
more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit
containing more than 1,200 square feet of living area.
Common open space areas shall not be adjacent to collector or arterial streets unless separated from the
street by a constrwcted barrier at least 4 feet in height.
Site development amenities (UDC i1-4-3.27D):
All multifamily developments shal-l provide for quality of life, open space and recreation amenities to
rnet the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility,
enclosed bike storage, and public aze such as a statue); b) Open Space (open grassy area of at least SU by
100 feet in size, comrnunity garden, ponds or water features, and plazas); and c) Recreation (pool,
walking trails, children's play structures, and sports courts).
The number of amenities shall depend on the size of the rnultifamily development as follows: For
multifanuly developments with 75 units or more, 4 amenities sha11 be provided, with at least 1 from
each category. For multifamily develo.pments with more than 100 units, the decision-making body shail
require additional amenities commensurate to the size of the proposed development.
Architectural Character (UDC 11-4-3.27E):
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MARCH 18, 20U8
All building elevations shall have a minimum portiori of the elevation devoted to architectural features
designed to provide articulation and variety. These features shall ir~clude, but are not limited to
windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in
material types. Changes in material types shall have a minimum dimension of two feet and rninimum
area of 25 square feet.
Main entrances, which are the primary point(s) of entry where the majority of building users wiil enter
and leave, shall be designed as an obvious entrance and focal point of the building through architectural
treatment, lighting, and address identification.
Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in
such a way that weather protection is provided.
Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs
shall have a sigcuficant pitch. Flat roofs should include distinctive cornice treatments.
Exterior building materials and finishes shall convey an impression of permanence and durabi~lity.
Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged.
Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on
any building facing any common area wsed for children's recreation.
All roof and wall-mounted mechanicai, electrical, cornmunications, and service eyuipment should be
screened from public view from the adjacent public streets and properties by the use of parapets, walls,
fences, enclosures, or by other suitable means.
Landscaping (UDC 11-4-3.27F):
Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title.
All street-facing elevations sha11 have landscaping along their foundation. The foundation landscaping
shal:l meet the following minimum standazds: The landscaped area shall be at least three feet wide; for
every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-
four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped
area.
Maintenance and Ownership (UDC 11-4-3.27G):
All rnultifamily developments shall record legally binding documents that state the maintenance and
ownership responsibil~ities for the management of the development, including but not limited to
structures, parking, common areas, and other development features.
Outdoor storage/refuse areas (IJDC 11-3A-12):
Outdoor utility meters, HVAC equipment, trash durnpsters, trash compaction and other service
functions shall be incorporated into the overall design of buildings and landscaping so that the visual
and acoustic impacts of these functions are fully contained and out of view from adjacent properties and
public streets.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Chalet MarseiUes AZ, PP, CUP, PS & ALT PAGE 10
CITY OF MERPDIAN PLANN•MG DEPARTMENT STAFF REPORT FOR THE HEARFIJG DATE OF MARCH 18, 20U8
AZ Application: The applicant is proposing an R-15 zoning designation, which is generally consistent
with the Medium Density Residential Map designation for this site. Approval of the subj~t annexation
and zorung request would allow the Applicant to obtain a Medium-High Zoning Designation for the
subject property. According to UDC 11-2A-2 a multi-farnily development is a conditional use in an R-
15 zoning district. For concwrrent review, the applicant has submitted a preliminary plat, a conceptual
development plan and building elevations showing how this site may develop as an active adult
community totaling 122 condorninium units.
Based on the policies and goals contained in the Comprehensive Plan and the proposed Future
Land iJse Map designation of Medium Deusity Residential for this property, Staff believes that
the requested R-15 zoning district is appropriate for this property. Please see Exhibit D for a
detailed analysis of the required facts and fmdings for an annexation.
The annexation and zoning legal description prepared by Ronald M. Hodge, PLS, dated September 4,
2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian
and State Tax Commission.
Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Comrnission and
City Council with the authority to require a property owner to enter into a DA with the City of Meridian
that may require some written cornmitment for all future uses. The applicant has provided staff with a
CUP for a multi-family development on this site. Because the UDC has an extensive list of multi-
family standards (Gsted in section 9 above) of wWch Staff will hold the applicant strict
conformance to; Staff believes that a DA is not necessary in this instance. If the Commission or
Council believe that a DA is necessary to ensure that this property is developed in a fashion that is
consistent with the Comprehensive Fian and does not negatively impact nearby properties, Staff
recommends a clear outline of the cornmitments of the developer be made.
PP Application: Based on the policies and goals contained in the Comprehensive Plan and the general
cornpliance of the proposai with fhe Unif ed Development Code, Staff believes that this is a good
location for the proposed multi-farnily development. Please see below and Exhibit D for detailed
analysis and facts and findings for a preliminary plat.
Dimensional Requirements of the R-15 zone per UDC Table lI-2A-7: The applicant is proposing
three residential lots and one common lot within an R-15 zoning district. T'he UDC requires a minirnum
lot size of 2,400 squaze feet. T'he proposed lots comply with the R-15 zoning district dimensional
standards.
Landscaping: Locust Grove Road and Ustick Road are designated as arterial roadways. A 25-foot
wide landscape buffer is required adjacent to arterials (iJDC Table 11-2B-3). The submitted landscape
shows a 25-foot bermed landscape buffer along both roadways and complies with the LJDC.
The UDC requires a 10-foot wide landscape bu~ffer along locaUcommercial streets; however, this
standard does not apply to residential developments. On the submitted landscape the applicant has
indicated the main public streets (N. Heritage View Avenue and E. Monet Street) within the
development wi:ll be lined with trees and sod. Staff is supportive of this proposal as it adds to the
attractiveness of the project.
The applicant is also proposing to construet an intemai pathway system for recreational use. The
submitted landscape plans do not show the trees and groundcover required by UDC 11-3B-12. Pathways
should also be constructed in accordance with UDC 11-3A-8. Staff believes the applicant should
provide a revised copy of the landscape plan demonstrating compliance with the UDC 11-3B-12 and
the other landscape requirements mentioned herein. Ten copies should be made available to Staff
prior to t6e City Council hearing,
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 11
CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF MARCH 18, 2008
UDC 11-3B-8C requires a minimum of 5 foot perimeter landscape buffer along lot lines that are
adjacent to the .shared driveways. Said buffers shall be improved with trees and groundcover. The
subrnitted landscape plan shows a shared driveway south of N. Chardin Avenue that does not provide
the required 5 feet of landscaping. The applicant should provide a 5-foot landscape buffer with trees and
groundcover along said driveway.
There are some existing trees on this site. The applicant states some are to remain and be protected
during construction and others are to be removed. Any existing on-site tree over 4" in cal~iper that is
removed from the property shall be replaced by installing additional vees, being the eqwivalent number
of caliper inches of those removed. Required landscaping trees will not be considered as replacement
trees for those that are removed. The Applicant should coordinate a mitigation and protection plan
with Elroy Huff at the Meridian Parks Department.
A written certi.ficate of completion should be prepazed by the landscape azchitect, designer, or qualified
nurseryman responsible for the landscape plan and submitted to the Planning Department upon
completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation
should apply as listecl in UDC 11-3B-14.
Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide a certain amount of
common open space and site amenities in residential districts. This section of the code is applicable to
parcels 5 acres or larger in size. The subject property tota~ls approximately 22 acres which requires ihe
site provide a minirnarn of 10% open space. In addition to the open space requirement certain amenities
shall be provided on the site. Qualifying amenities include 5,000 square feet of grassy area, water
features, plaza, clubhouse, picnic area, pool, walking paths and fitness facilities just to narne a few. The
propos.ed project is providing approximately 13% common open space on the site with the following
qualifying amenities: club house, pool, waiking path, plaza, community garden, water feature, fitness
facility, picnic area, putting green and tennis courts. Staff believes the applicant has done an excellent
job providing open space and amenities on this site. Also in accordance with the UDC, maintenance of
all common areas shall be the responsibility of the Chalet Marseilles Homeowners Association.
Drainage: Seepage beds for stonnwater drainage are shown on Lot 1, Block 2. No trees shall be planted
over the seepage beds. All storm drainage facil~ities shall.comply with the standards listed in UDC 11-
3B-1 l, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACHD
public streets require exposed filter sand. This sand area does not count toward the City of
Meridian's open space requirements. Other provisions to meet vegetated open space
requirements must be made when ACHD pond designs incorporate exposed filter sand.
Proposed Streets and/or Access: Primary access to the site will be via N. Locust Grove to/from E.
Monet Street. It is important to note the proposed alignment of said roadway is not adjacent to the
roadway (E. Sucnmerheights Drive) east of the site. Staff has received written comments from ACHD
supporting the alignment of the proposed streets. Furthermore, there is an existing LDS church site
directly to the north. This site has a full access driveway approximately 30 feet north of the proposed
public street. If the church were to request annexation into the city, Staff would probably condition that
the church's full access driveway be vacated. Therefore, Staff is supportive of the applicant's
proposal to construct E. Monet Street along the nort6 property line. This way the church can
take access from Monet Street and not Locust Grove Road in the future.
In addition, N. Heritage View Avenue will be extended from the north to provide access and
connectivity to the residential subdivision (Quenzer Commons No. 6). N. Heritage Avenue and N.
Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to adjacent
properties. There is an existing 8-foot wide strip between Wanda's Meadows and the subject site. The
applicant has stubbed N. Heritage View Avenue to the south, in alignment with Yellow Peak Avenue,
so the properties will be interconnected when the Whitson (spite strip) property develops in the future.
The same Whitson pro.perty lies west of the subject site, east of Wanda's Meadow. The applicant is
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNC DATE OF MARCH 18, 2008
proposing to construct a north-south public street along the east side of the Whitson property so it can
effectively develop in the future. Staff is supportive of the public street design for Chardin Avenue. The
applicant should provide a public tumaround easement where N. Chardin Avenue and E. Vernet Lane
intersect. If these changes are made, Staff is supportive of the proposed access for this
development.
Along with public streets within the developrnent, the applicant is proposing eight private streets that
will provide access and circulation within the proposed development. The private street requirements
will be further explained in the Private Street section below.
Ditches, Laterals, and Canals: There are several irrigation ditches that run throughfalong this
property. The submitted site plan indicates the ditches are be tiled. Per UDC 11-3A-6, all irrigation
ditches, laterals or cana~ls, exclusive of natural waterways and waterways being used as amenities, which
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 utilize any existing surface or well
water for the primary source. If a surface or well source is not avai:lable, a single-point connection to
the culinary water system shall be required. If a single-point connection is utilized, the developer will be
responsible for the payrnent 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.
Existing Structures: The site currently contains an existing single family horne with associated
outbuildings. The submitted plans indicate all existing buildings are to be rernoved to make way for the
proposed multi-family development. Prior to the City Engineer's signature of the final plat, all
exisNng buildings on this site shall be removed.
Fencing: The submitted landscaping plan shows a decorative concrete wall proposed for the
development; however, perimeter fencing is not shown on the preliminary plat. The applicant should
state at the public 6earing if perimeter fencing is proposed for the site. At a minimum, temporary
construction fencing should be installed prior to issuance of building pernuts for the subdivision.
Fencing should taper down to a 3 foot maxirnum within 20 feet of all rights-of-way. All fencing shall be
installed in accordance with UDC 11-3A-7.
CUP Application: The applicant has submitted for CUP approval of 122 units and club house in a
proposed R-15 aone. As mentioned above, Staff feels a Development Agreement is not warranted for
this site because staff is including all conditions of the multi-family development within the CLJP
conditions. The site is to consist of no more than 122 multi-family wnits with a club house. FurChermore,
the applicant should submit for a condo plat for the subject project in the future, as proposed.
Multi-family Standards: The UDC has several specific standards that apply to multi-family
developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common
Open Space, Site Arnenities, Architectural Character, Landscaping, and Maintenance. Below aze some
of the multi-family and general design standards that the applicant should be required to comply with.
Site Designc UDC 1-4-3.278 requi~res developments with 20 units or more provide the following: a
property management office, a maintenance storage area, a central mailbox location, a directory and
map of the development at an entrance or convenient location for those entering the development. The
referenced requirements above are for multi-family developments. The applicant intends to condo the
122 units; if the subj ect applications are approved (which the city would then classify the units as
single-family). Therefore, Staff believes the requirernents for the property management office and a
maintenance storage area is not warranted. In addition, the applicant states the Home Owner's are to
maintain the proposed develop Ehru CCR's that will govem the development. However, Staff feels with
the amount of units proposed, the site should include centralized mail box locations throughout
the development and provide a directory and site map located at the entrance of the development.
Chalet Macseilles AZ, PP, CUP, PS & ALT PAGb 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TME HEARING DATE OF MARCH 18, 20U8
The applicant should include these revisions on the site plan prior to commission review as weU.
Multi-family Setbacks: The applicant is proposing a rnulti-farnily development within an R-15 zoning
district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater
setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than
the 10-foot requirement (12 feet). The minimum interior setbacks between buildings should be 10 feet.
The submitted site pian shows the structures comply with the 12-foot perimeter setback. However, sorne
of the internal buildings are between 9 and 10. Staff believes the applicant should comply with the 10-
foot requirement between the buildings.
Site Plan: The applicant is proposing several different structures on this site. The site is expected to
develop with 40 buildings, including the club house. The mix of buiidings includes 2 single detached
buildings, 14 bi-unit buildings and 23 quad unit buildings, totaling 122 units. The two building
footprints for the subject site include a large floor plan totaling 66 units and the other is a small floor
plan which totals 56 units. The site is expected to develop with the 8 smaller bi-unit buiidings and 10
smaller quad-unit buildings located primarily intemal to the development. The larger-unit buildings are
located along the perimeter of the development and consist of 2 single unit buildings, 6 bi-unit
buildings, and 13 quad-unit buildings. All of the units have attached two car garages with a parking pad
in front of each unit.
Staff is not supportive of the shared drive sisles and parking pads for the units located along the
perimeter of the project and the one quad unit building located on Lot 1, Block 2. Staff believes
that the parking pads in front of the garages should be 20' x 20'and provide a 25-foot drive aisle
(65' lengfh total) to aecommodate vehicular maneuverability or shorten the parking pad to 5' in
length or less to discourage parking in froat of the garages (35' length total). If the pads are
constructed as proposed (50' length between garages) in front of some of the garages then cars
will be tempted to park iu front of the garages, thus blocldng the drive aisles. NOTE: AU of the
internal units comply with this parking and drive aisle/back-up requiremeat.
Staff has determined the amount of units unable to conform to the above mentioned requirement
at 60 units. Staff believes the applicant could revise the site plan to have some of the buildings
comply with the above mentioned requirement. Staff realizes that all of the units may not be able
to comply and suggests t6e applicant reconfigure the site plan to have at least 75% (92 units)
compiy with the single family parking requirements. The other additional parking for the 30 units
wit6out parking pads (5-foot) would be on t6e private streets as proposed. Staff would suggest
the applicant request continuance to allow time to review the revised site plan. Staff believes
this a significant change to the site plan and advises the applicant submit 10 revised copies of
the site plan prior to the Commission hearing.
Parking: UDC 11-3C-6A requires multi-family dwellings 2 or more bedrooms to have a two-car
covered carport or garage for each unit. The submitted site layout proposes two car garages for each of
rhe multi-faxnily units. If the multi-family developments are platted for condominiums in the future, the
applicant would not comply with the single family parking standards of the UDC. The applicant wouid
have to comply with this requirement to gain approval for a condo plat. If the applicant revises the site
plan as Staff has suggested above, staff is supportive of the parking within the proposed development.
The proposed parking spaces for the muiti-famiiy development should conform to Che dimensional
requirements of the UDC. The submitted site plan shows the visitor parking stalls meet the standard
parking stalls of the UDC.
Elevations: The applicant has submitted bui~lding elevations for all of proposed buildings including the
club house. There are four types of elevations proposed, two for each of the larger footprint buildings
and two for the small footprint buildings. Both of the product types are shown to be constructed of
Chalet Mar.seilles AZ, PP, CUP, PS & ALT PAGE 14
CITY OF M£RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH 18, 3008
stucco with substantiai stone accents, architectural roofing shingles, covered entrances and tal'1 entry
doors. Some of the other accenting features include copper metal roofing on the eaves of the proposed
smaller units and the chimneys of both the larger and smailer units; arched windows board and batten
and shake shingle siding accenting the front facades of the larger units. The club house is proposed to be
constructed of board and batten and shake siding with accented stone front fa~ade highlighted by an
entryway rotunda. Majority of the windows are arched and accented with shutters. Staff likes the
appearance of the proposed buildings and any future buildings shall substantially comply with the
construction materials and design elernents shown in these e}evations. Furthermore, Staff believes no
more than hvo buildings in a row (side by side) should 6ave Che same elevation typology.
UDC 11-4.3 requires multi-family strwctures to comply with specific design standards. Exterior building
materials and finishes should convey an impression of permanence and durabiiity. Materials such as
masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Staff beTieves that the elevations
submitted with the CUP significantly meet the requirements of the design standards listed in UDC 1 l-
3A-19.
Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated Mediurn
Density Residential. This designation anticipates densities between 3 to 8 dwelling units to the acre in
this area. The applicant is proposing a density of 5.59 dwelling units to the acre. The applicant
cornplies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is supportive of
the proposed density.
Landscaping: Per UDC 11-4-3.27.F, all street-facing elevations shall have landscaping along their
foundation. The foundation landscaping shall meet the following minimum standards: The landscaped
area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having
a minimum mahue height of twenty-four inches shall be planted; and groundcover plants shall be planted
in the remainder of the landscaped area. The submitted landscape plans do not reflect the foundation planting
requirements referenced above. Staff believes the appGcaat should provide a revised copy of the
landscape plan demonstrating compliance with the multi-fam7y development requirements. Ten
copies should be made available to Staff 10 days prior to the City Council hearing.
Pedestrian Pathways: The adjaeent project to the north (Quenzer Comrnons Subdivision No. 6) has
provided an opportunity far a pedestrian connection with this property via 5-foot attached sidewalks
along N. Heritage View Avenue. As mentioned earlier there is an existing 8-foot wide spite strip/flag
associated with the Whitson parcel to the southwest. Yellow Peak Avenue is stubbed to this spite strip
from Wanda's Meadow. Because of that strip the applicant is not able to connect the roadway or
sidewalk to the southem development. Howevec, the applieant has stubbed a street and sidewallc to the
Whitson property for future connectivity. Furthermore, Staff is recommending the applicant re-
locate the proposed sidewalk along the northern side of E. Monet Lane to the south side of said
street to provide better pedestrian connectivity between the developments, when the Wlutson
property is developed.
Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private,
usable open space shall be provided for each unit. This requirement can be satisfied through porches,
patios, decks, and/or enclosed yards. Landscaping, entryway and oeher access ways sl~all not count
toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will
provide at least 80 square feet of covered patio on both the lazger footprints and the smaller footprints.
This patio is being provided on the side of each unit. Staff is supportive of the location of covered
patios.
Amenities: The applicant is required to provide amenities for the multi-famiiy development. For
multi-family developments with more than 100 units, the decision making body shall require amenities
commensurate to the size of the development (LJDC 11-4-3.27D-2d). As a reference, the iJDC requires
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE IS
CITY OF M£RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
multi-family developments containing 75 units or more to provide 4 amenities, with at least one from
each category (Quality of Life, Open Space, and Recreation). The applicant is providing arnenities as
follows: 5,240 square-foot comrnunity club house with a fitness facility, stadiurn seating theater, a
gathering area with a commercial-grade kitchen (Quality of Life) and swimming pool (Recreation). The
entrance to the club house will be accented with a courtyard and water feature (Open Space). Other
amenities include a walking trail around the perimeter of the property (Recreation), covered pavilion
with barbeques (Quality of Life), tennis courts (Recreation), putting green (Recreation), a community
rose garden, a plaza area and open grassy areas with sitting areas (Open Space). Staff believes the
applicant has done a great job providing amenities within the proposed development.
Furthermore, Staff recommends that the Commission determine if the proposed amenities are
appropriate for a development of this size.
Open Space: UDC 11-4-3.27C requires a minimum area of outdoor common open space shali be
provided as foliows: a) 150 square feet for each unit containing 500 or less square feet of living area; b)
250 sqnare feet for each unit contauung more than 500 square feet and up to 1,200 square feet of living
area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area.
Cornmon open space areas shall not be adjacent to collector or arterial streets unless separated from the
street by a constructed barrier at least 4 feet in height.
The units for the proposed multi-family developments range in size from 1,200 square foot units to
1,900 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200
square feet of living area. The multi-family developments are proposing a total of 122 wnits. The
minimum amount of open space required per code for all of the proposed multi-family development is
42,700 sq. ft(122 X 350 sq. R). The applicant states that 6.69% (63,513 sq. ft.) of the site is being set
aside for common usable open space. Maintenance of all common areas should be the responsibility of
the Home Owners' Association(s). Staffbelieves that tbe open space proposed complies with the UDC.
Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster
locations or design. The applicant should contact SSC for fiuther cornrnent on enclosure design and
location prior to submitting for a CZC.
PS (Private Street) Application: 1n conjunction with the public streets, the applicant is proposing to
construct eight private streets to provide access and circulation within this developrnent. The UDC
requires private streets to be constructed within an easement and have a travel lane width of 24' or 26'
with no allowed parking as deternuned by the Fire Marshal. The proposed private streets are all internal
to the development and are to be constructed as a 36-foot street section that includes a 5-foot wide
sidewalk on one side, a 2 foot rolled curb, 2 14-foot wide travel lanes, an 8 foot parking area, and a 1
foot ribbon curb. The applicant has submitted a Private Street application as required by UDC 11-3F-3
and received Fire Department approval for the proposed street section. Staff is supportive of the
applicants request and has provided further analysis in the Altemative Compiiance section below.
ALT (Alternative Compliance) Application: The specific request for alternative compliance is
associated with the width of the travel lanes and the parking on private streets. The UDC requires the
travel lanes of Private Streets to be a minimuxn of 24 feet with no on street parking. The applicant is
pro.posing 20-foot travel lanes with an 8-foot pazking lane. The applicant states that this private street is
identical to ACHD's reduced 29-foot street section. The applicant has also contacted the Meridian Fire
Department and received Fire Department approval for the proposed street section. Staff believes the
proposed design would not create a safety hazazd and ailows some visitor parking within the
development. In Lieu of the Private Street Standards, staff supports and approves ALT-07=020
associated with the findings in Exhibit D.
Staff is recommending that the applicant submitted a revised site plan for the proposed Chalet Marseilles
development (AZ-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020). If the Commission finds
Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 16
CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARFNG DATE OF MARCH 18, 2008
that the revised plans are acceptable and wishes to forward on a recommendation of approval to the
Council, staff has included conditions listed in Exhibit B of t6e Staff Report. The Meridian Planning &
Zoning Commission heard these items on Januarv 17. 2008 and February,~7. 2008. At the public hearlne
the Commission moved to recommend aonroval of the subiect AZ. PP and CUP request. The Meridian
('itv CoLncil heard these items on March 18. 2008. At the n~blic hearin~ the C_o~ncil aonroved th
iec A._ PP. ~. P and i.T rea ~ect
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: 03-05-08)
3. Landscape Plan (dated: 03-OS-08)
4. Site Plan (dated: 03-OS-08)
5. 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
C. Legal Descriptions & Exhibit Maps
D. Required Findings from the Unified Development Code
1. Annexation and Zoning Findings
2. Prelirninary Plat Findings
3. CUP Findings
4. Private Street Findings
5. Alternative Compliance Findings
Chalet Marseilles AZ, PP, CUP, PS & ALT ' PAGE 17
CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I8, 2U08
1. Vicinity Map
Exhibit A
CITY OF M6RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR(NG DA7'E OF MARCH I8, 2UU8
2. Preliminary Plat Revis.ed
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Exhibit A
CITY OF MERIDIAN PLANNMG DEPARTMENT STAF•F RERORT FOR THE H~EARiNG DATE OF MARCH I8, 2008
5. Elevations (Large Footprint)
FRONT ELEVATiQN
RIGMT ELEVATION
FRONT ELEVATION
RIGHT ELEVATION
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Exhibit A
CITY OF M£R1DlAN PLAN~NiNG DERARTMENT STAFF REPORT FOR THE H£ARING DATE OF MARCH 18, 20U8
5. Elevations (Srnall Fooiprint)
FRONT ELEVA710N
RIGHT ELEVATION
FRONT ELEVATION
RiGHT ELEVATION
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Exhibit A
CITY OF M~ERIDIAN PLANNIAIC DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
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REAR ELEVATION
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Exhibit A
CITY OF MERIDIAN PLANNMG DEPAR7MENT STAFF RERORT FOR THE HEARING DATE OF MARCW 18, 2UU8
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Euhibit A
5. Elevations (Clwb House)
CITY OF MERIDIAN PLANN(NG DEPARTMENT STAFF REPORT FOR THE HEARGNG DATE OF MARCH 18, 2U08
B. Conditions of Approval
1. PLANNING
1.1 ANIVEXATION/ZOIVING
1.1.1 The annexation and zoning legal descriptions submitted with the appTication (stamped on September
4., 2007 by Ronald M. Hodge, PLS) is accurate and meet the requirements of the City of Meridian.
1 1 2 A Develonment A~reement~!i» hP rP^~>irP~ ac nA;~ nf t e annexatio~and zonin¢ of tlis nronertv.
win •
• Conctr~ct a maxirn~m of 120 ~nits on thi ite and comnlv with the site nlan. dated 03-OS-08.
and elevations submitted with the C~ .
1.2 PRELIMINARY PLAT
1.2 Site Specific Conditions
1.2.1 The 4-lot preliminary plat prepared by J-U-B Engineer.s, dated 03/OS/2008 (attached in Exhibit A), is
approved, with the aonditions IisCed herein.
1.2.2 Except for the full-access public streets into the development (one to N. Locust Grove Road),
direct lot access to Ustick Road and Locust Grove Road is prohibited. N. Heritage View Avenue
shall be stubbed to the south as proposed and N. Chardin Avenue shal~l be constructed as a 40-foot
street section and stubbed to the west when the Whitson property is developed. E. Monet Street shall
be constructed along the north boundary (south boundary of the church) to provide access for future
connectivity to the LDS Church site.
1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed.
1.2.4 The landscape plan prepared by Breckon Land Design, dated 03/OS/2008, labeled Sheets L 1.1-1.3
(attached in Exhibit A), is approved with the following notes/changes:
• Provide a minimum 25-foot wide bermed landscape buffer along Locust Grove Road and
Ustick Road, with meandering detached 5-foot sidewalk, as proposed. All landscape
materials shali be installed in accordance with UDC 11-3B-9, Landscape Street Buffers.
• Provide a rninimum 5-foot landscape strip with trees and sod along both sides of E. Monet
Street and N. Heritage View Avenue, as proposed.
• Per UDC 11-3B-10, the Applicant sliall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site. Provide a copy of the plan to the Planning Department with the final plat submittal.
• The applicant shall construct and install the pathway in accordance with UDC l 1-3A-8 and
UDC 11-3B-12.
8G
• A written eertificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan. All standards of installation should
apply as listed in UDC 11-3B-14. .
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF MARCH 18, 2U08
Submit revised landscape plans to the Ptanning Departtnent with the submittal of the fi~nal plat
application.
1.2.5 T'he City of Meridian requires that presswi2ed irrigation systems be supplied by a year-round source of
water. If a creek or well source is not available, a single-point connection to the domestic water system
shal~l be reyuired. If a single-point connection is ntilized, the developer shall be responsible for the
payment of assessments for the imgable landscape areas prior to signature on the final plat by the
Meridian City Engineer.
1.2.6 Per LJDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area
being subdivided shail 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 construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
1.2.7 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized
irrigation shail be installed and approved prior to City's Engineers signature on the fmal plat.
1.2.8 A letter of credit or cash surety in tlie amount of 110% witl be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat.
1.2.9 Applicant shall be required to pay Pwblic Works development plan review and construction inspection
fees, as deternuned during the plan review process, prior to signature on the final plat per Resolution 02-
374. '
1.2.10 Maintenance of all common azeas shall be the responsibility of the developer or assigns. Record legally
binding docurnents that state the maintenance and ownership responsibilities for the management of the
developrnent, including but not limited to structures, parking, common areas, private streets, and other
development features.
1.2.11 Applicant shall be aware that infiltration ponds for ACHD public streets require exposed filter sand.
This sand area does not count towazd the City of Meridian's open space requirements. Other provisions
to meet vegetated open space requirements must be made when ACHD pond designs incorporate
exposed filter sand.
1.2.12 The applicant shall work with staff and the LDS Church for an anpronriate location for future access
along E. Monet Street to deterniine future connectivitv if/when the LDS Church rec~uest annexatian into
the Cit .
1.2.13 Construct the deeorative block wall as proQosed. If the LDS Church does not allow the avplicant to
construct the decorative block wall along the northern boundary of E. Monet Street, then said wall shall
not be required.
1.3 GENERAL CONDITIONS
1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to
LJDC 11-3A-17.
1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in
this report, shali be submitted for the subdivision with the final plat application. Where the Applicant
has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping
shall be consistent with the preliminary plan with modifications as proposed by Staff.
1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided, temporary construction feneing to contain debris must be installed
around the perimeter prior to issuance of a building permit. All fences sha~ll taper down to 3 feet
Exhibit B - Page 3
CITY OF M~ERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARf1VG DATE OF MARCH 18, 2008
rnaximum within 20 feet of all right-of-way. All fencing should be instailed in accordance with LJDC
11-3 A-7.
1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary
plat does not relieve the Applicant of responsibility for compliance.
1.3.6 Ereliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.3.7 The applicant shall comply with the dimensional standards of the R-15 zoning disErict; provide a
minimum 12' perimeter setback.
1.4 CONDITIONAL USE PERMIT
1.4.1 The site plan, prepared by 3-U-B Engineers, Inc., dated 03/OS/2008, is ~ approved. D~^..:a° °-°-,:°°a
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conditions of the accompanying Annexation (AZ-07-020) and Preliminary Plat (PP-07-027) appl~ications
shall also be considered conditions of the Conditional Use Permit (CUP-07-023).
1.4.2 The applicant shall construct a rnaximwm of ~ 120 units. All buildings shall be condoed, as proposed.
1.4.3 No more than two buildings in a row (side by side) shall have the sarne elevation.
1.4.4 The landscape plan prepared by Breckon Land Design., dated 03/OS/20U8, is approved with the
following modifications/notes:
• Per UDC l 1-4-3-27, all street facing elevations shall have landscaping along the foundation for
the multi-family units as fol.lows:
- The landscaped area shall be at least 3-feet wide;
- For every 3 lineaz feet of foundation, an evergreen shrub having a minimum rnature
height of 24 inches shall be planted; and
- Ground cover plants shall be planted in the remainder of the landscaped area.
1.4.5 Provide private streets and private street signs within the multi-family development. Said private streets
shall be constructed as approved with PS-07-008 and ALT-07-020 (see 1.5 below) in lieu of. Provide a
public turnaround and tumaround easement where the N. Chardin Avenue and E. Vemet Lane intersect.
1.4.6 .
1.4.7 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each
multi-family dwelling unit, as proposed on the floor plans.
1.4.8 Provide amenities as follows: a minimum 63,513 sq. ft of open space, a 5,240 square-foot community
club house and fitness facility (Quality of Life), pool (Recreation), 5 foot walking trails around the
perimeter of the property (Recreation), a pavilion with tables and bazbeques (Quality of Life), water
feature, plaza area, a community rose gazden, a putting green, tennis courts, oval track and open space
with sitting areas (Open Space), as proposed.
1.4.9 Building setbacks, separation between proposed structures shall comply with the Building Code and
Fire Code. T'here shail be a minunum of 10 feet between buildings.
1.4.10 As deternuned by the Planning Director, the multi-family buildings and clubhouse constructed on this
site shall substantially cornply with the renderings submitted to the City with the CUP application, and
Exhibit B
CiTY OF MERIDIAN PLANN'ING DEPARTMENT STAFF RERORT FOR TH~E HEARiNG DATE OF MARCH 18, 2008
as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical,
communications, and service equipment shall be screened from public streets and properties by the use
of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply
with the architectural standards of UDC 11-4-3,27E.
1.4.11 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building
structure or land be established or change in use on this site without first obtaining a Certificate of
Zoning Compliance (CZC) permit .frorn the Meridian Planning and Zoning Department. NOTE:
Multiple multi-family bwildings may be contained in a single CZC permit.
1.4.12 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by
either having a debris maintenance plan or providing temporary construction fencing.
1.4.13 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments,
including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and
Maintenance.
1.4.14 Prior to obtaining certifieate(s) of occupancy, all development improvements, including perimeter
fencing, irrigation, and landscaping shall be installed.
1.4.15 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional
use does not relieve the applicant of responsibility for compliance.
1.4.16 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20'
parking pad in front of the units as ~ronosed on the revised site plan. ~~gs
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1.4.17 Provide centralized maii box locations throughout che development.
1.4.18 Comply with ail of ACHD's requirements and eonditions for this project.
1.5 PRIVATE STREET/ALTERNATIVE COMPLIANCE
1.5.1 Construct N. Picasso Lane, E. Verr-et Lane, N. Rousseau Lane, E. Monet Lane, N. Macisse Lane, E.
Renoir Lane, E. Voltaire Lane and E. Leroux Lane as 36-foot street sections that includes a 5-foot wide
sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1
foot ribbon cwb.
2. PiJBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Heritage Ave
and N Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant
shall coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub-grade is less than three feet than altemate materials shall be
used in conformance of City of Meridian Publ-ic Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road, N HeriEage
Ave and N Yellow Peak Ave. The applicant shall be responsible to install a PRV at the N Heritage Ave
water connection at the developer's expense, coordinate size with Kyle Radek in the engineering
departrnent at 898-SSUO. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
Exhibit B
CITY OF MER-DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public
right of way. The common lot shall be covered with a blanket easement to the City of Meridian.
2.4 The applicant shal°l provide a 20-foot easement for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easements shail not be dedicated via the plat. The
description shall be consistent with the graphically depicted easements on the plat but be recorded as a
separate document using the City of Meridian's standard forrns. Submit an execated easement (on the
forrn available from Public Works), a legal description, which rnust include the area of the easement
(marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT
RECORD. Add a note to the plat referencing this document.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-83). The applicant should be required to use any existing surface or well water for
the primary source. If a swrface or well source is not available, a single-point connection to the culinary
water system shall be required. If a single-point connection is utilized, the developer will be responsible
for the payment of assessments for the comrnon areas prior to signature on the final plat by the City
Engineer.
2.6 All existing structures shall be rernoved prior to signature on the final plat by the City Engineer.
2.7 All irrigation d'itches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying
adjacent and eontiguous to the area being subdivided shall be tiled per LJDC 11-3A-6. Plans shal~l be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with
written approval or non-approval submitted to the Public Works Department. If lateral users association
approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City
Engineer prior to final plat signature.
2.8 Any existing dornestic 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.
2.9 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.
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage
lots constructed, road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded, prior to applying for building permits.
2.11 A letter of credit or cash swety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, pressurized irrigation, sazutary sewer, water, etc., prior to signature on the final
plat.
2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy.
2.13 Applicant shall be required to pay Public Works developrnent plan review, and construction inspection
fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-
374.
2.14 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.
2.15 Applicant shail be responsible for application and compliance with any Section 404 Pernutting that may
be required by the Army Corps of Engineer.s.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8
2.16 Developer shail coordinate mailbox locations with the Meridian Post Office.
2.17 All gracling of the site shall be performed in conformance with MCC 11-12-3H.
2.18 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.
2.19 The engineer shal~l 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 teast 1-foot above.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shal.l provide certification that the facilities have been installed in accordance with
the approved design plans. This certification will be required before a certificate of occupancy is issued
for any structures within the project.
2.21 At the cornpletion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings mwst be received and approved prior to
the issuance of a cerkification of aecupancy for any structures within the project.
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the
Public Works Department. AI'1 streetlights shall be installed at subdivider's expense. Typical locations
are at street intecsections and/or fire hydrants. Final design locations and quantity are deternuned after
power designs aze completed by Idaho Power Company. The street Tight contractor shall obtain design
and pernut from the Public Works Department prior to comrnencing installations.
3. FIRE DEPARTMENT
3.1 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.
3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have
an approved turn azound. Phasing of the project may require temporary approved turn around on streets
greater than 150 feet in length with no outlet.
3.3 Private Al'leys and Fire Lanes shall have a 20' wide improved surFace capable of supporting an imposed
load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6
Signs.
3.4 Qperational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.5 To increase emergency access to the site a minimum of two points of access will be required for any portion
of the project, which serves more than 50 homes. The two entrances should be separated by no less than %
the diagonal measurement of the full development. The applicant shall provide a stub street to the property
to the (south).
3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street
, width shall have no parking. Streets with less than 33' shall have parking only on one side. These
• measurements shall be based on the face of curb dimension.
3.7 All portions of the buildings located on this project must be within 150 feet of a paved surface as rneasured
around the perimeter of the building.
Ezhibit B
CITY OF MERIDIAN PLANNING flEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I8, 2U08
3.8 Where a portion of the facility or building hereafter conswcted or moved into or within the jurisdiction is
rnore than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measur~ by an approved
route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where
required by the code official. For buildings equipped throughout with an approved automatic sprinkler
systern instalied in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600
feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement sha11 be 60U feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 9033.1.2, the distance requirement shall be 600 feet (183 m).
3.9 There shall be a fire hydrant within 100' of all fire department connections.
4. POLICE DEPARTMENT
4.1 No cornments received.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance
(UDC 11-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Constrwction: The standard established in the
City of Meridian Landscape Ordinance ([JDC 11-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
6.1 No comments received.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 23-feet of additional right-of-way (48-feet total from centerline) along Ustick Road abutting
the parcel. The right-of-way purchase and sales agreement and deed must be completed and signed by
the applicant prior to scheduling the final plat for signature by the ACHD Cornmission or prior to
issuance of a building pernvt, whichever comes first. Allow 30 business days to process the right-of-
way dedication after receipt of all requested material. The District will purchase the right-of-way which
is in addition to existing right-of-way from available Corridor Preservation Funds.
7.1.2 Dedicate 23-feet of additional right-of-way (48-feet total from centerline) along Locust Grove Road
abutting the parcel. The right-of way purchase and sales agreement and deed must be completed and
signed by the applicant prior to schedwling the finat plat for signature by the ACHD Commission or
prior to issuance of a building permit, whichever comes first. Allow 30 business days to process Che
right-of-way dedication after receipt of all requested material. The District will purchase the right-of-
way which is in addition to existing right-of-way from available Corridor Preservation Funds.
7.1.3 Construct a 5-foot detached concrete sidewalk along Ustick Road abutting the site no closer than 41-feet
frorn the centerline arid aligning with existing improvements to the west. If a portion of the sidewalk is
located outside of the public right-of-way, the applicant shall provide the District with an easement for
Exhibit B
CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MARCH 18, 2U08
public access. The easement shall extend from the public right-of-way to the back of sidewalk. There
shall be no gap between the sidewalk easement and the public right-of-way.
7.1.4 Conswct a 5-foot detached concrete sidewalk along Locust Grove Road abutting the site no closer than
41-feet from the centerline and aligning with existing improvements to the north. If a portion of the
sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an
easement for public access. The easement shal'1 extend from the pubiic right-of-way to the back of
sidewalk. There shall be no gap between the sidewalk easernerit and the public right-of-way.
7.1.5 Construct N. Chardin Avenue as proposed with a minimum of 24-feet of pavement, rolled curb and
gutter on its east side.
7.1.6 Construct a public tumaround at the south terminus of Chardin Avenue. The turnaround shail be subject
to the approval of the Meridian Fire Department.
7.1.7 Construct a 4-foot detached concrete sidewalk alog the east side of Chardin Avenue. If a portion of the
sidewalk is located outside of the public right-of-way, the applicant shatl provide the District with an
easement for public access. The easement shall extend from the public right-of-way to the back of
sidewalk. There shall .be no gap between the sidewalk easement and the public right-of-way.
7.1.8 Construct Heritage View Avenue as proposed with 32-feet of pavement and rolled curb and gutter on
both sides. Heritage View Avenue shall connect with the existing Heritage View Avenue stub to the
north and align with the existing Yellow Peak Avenue stub to the south.
7.1.9 Install a sign at the south ternunus of Heritage View Avenwe stating that, "THIS ROAU WILL BE
EX'TENDED IN 'THB FU1'URE."
7.1.10 construct 4-foot detached concrete sidewaks on both siiies of Heritage View Aven~e and connect tem
with existing sidewalk improvements to the north. If a portion of the sidewalk is located outside of the
public right-of-way, the applicant shall provide the District with an easement for public access. The
easement shall extend from the public right-of-way to the back of sidewalk. There shall be no gap
between the sidewalk easement and the public right-of-way.
7.1.11 Construct Monet Street as proposed with 32-feet of pavement and vertical curb and gutter on both sides.
Monet Street's right-of-way shall abut the north property line.
7.1.12 Construct a 5-foot attached sidewalk along the north side of Monet Street.
7.1.13 Construct a 4-foot detached concrete sidewalk along the south side of Monet Street. If a portion of the
sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an
easement for public access. The easement shall extend from the public right-of-way to the back of
sidewaik. There shall be no gap between the sidewalk easement and the public right-of-way.
'1.1.14 Construct all private drives as proposed, with 15-foot curb retum radii where they meet public streets.
7. T.15 Direct lot access to Ustick Road is prohibited and shall be noted on the final plat.
7.1.16 Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat.
7.1.17 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
Exhibit B
CITY OF MERIDIAN PLAMVING DEPARTM£NT STAFF REPORT FOR THE HEARRJG DATE OF MARCH 18, 2008
7.2.1 Any existing irrigation facilities shall be relocated outside of tihe right-of way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-
of-way.
7.2.3 Ali utility relocation costs associated with improving street frontages abutting the site shall be bome by
the developer.
7.2.4 Replace any existing darnaged curb, gutter and sidewalk and any that may be damaged during the
constraction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details. •
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 iltility street cuts in pavement less than five yeazs old are not aliowed unless approved in writing by the
District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
~.2.7 All design and construction shall be in accordance with the Ada County Hig~-way District Folicy
Manuai, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable AC~ID Ordinances unless specifically waived herein. An engineer registered in the State of
Idaho shali prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other
required perrnits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conforrnance wiCh all applicable requirements of
the Ada County Highway Distriet prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The a.pplicant
shall be requ~ired to caYl DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traff'ic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.2.12 No change in the terms and conditions of this approval shali be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirrnation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other reguiatory
and legal restrictions in force at the time the applicant or its successors in interest advises the Highway
District of its intent to change the planned use of the subject pro.peRy unless a waiver/variance of said
requirements or other legai relief is granted pursuant to the law in effect at the time the change in use is
sought.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH~E HEARMG DATE OF MARCM 18, 2008
C. Legal Descriptions and Exhibit Maps
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Pfo~ectc
Date:.
1~0-q7-057
S.eptembec 4, 2~07
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R•15 ZONE DESCRIRI`ION
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TfiaS;portlon of~the Southeast:Y gf the Southeast y. of Secdon 31, Town;hip 4 Nor•th, Range 7 East,
Boife Meridian, lVleridian, Aiia County, idaho, artd inoPe,parHcularly deSCrtbed as folloWS:
Ccmmencing ac t~ig Southeast wrrier of Section 31, the RQIt~ OF BEGIWNING; .
thence atoqg'the SoutheAy boundary of the South:ea;t, Y oT the. Southeast Y..of said iectlon, ~
~Nor.th 89'4T09 1Nest, 662'.30 feet;
fhenee along the 1He3tedy boundary of tfie Southeast Y, qf the Sopth¢ast Y 4f tlie SoutfieaSt:Y. of
SecClon 31, North 00'34'05' East, 623.50 feet;,
thence North 89'46'~b" 1lVest, 661.77 feet [o the 1He5Eerly boundary of the SoutheasE K of the
5outheaFt y. of 5ectipn 31; ,
ihence atong,said boundary NoRh d0`3TQ0' East, 7U6:.02 feet ~o the SoutheAy:boundary.o( Q~enzer
Commons SubdiNsion;
thgr-ce along 'said boundary., Suuth 5,9`46'2b' East, 661.17.ieet to the Westefly b.qundary af the
NorEheast V of. [he SoutheasE Y. 6f the.Southeast Y,. of Section 31.;
thence a.loRg.said Ddundary, South 00'34'OS Wes.t. 59.9.76 feec;
tlie~e South 89' 4b'45' East, 661.68 fee[ to the EasterCy. boundary of. the Soutliea5t Y. of the
ioutheast !/. o~ Sec~ion 31; ~
thence along sai~ bpundary, Soutt- OU'31`Q9" West, 739.69 feet td the POINT OF BEGINHING.
Eontainiag 21,810 acres, moce or tess.
END OF UE$CRlPT10N
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Exhibit C
CITY OF MERyD1AN PLANNRdG DERARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
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Exhibit C
CITY OF MERfDIAN PLAN.NING DEPARTMENT STAFF REPORT FOR THE NEARRJG DATE OF MARCH 18, 2U08
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Projeet: 10-07-057
Date: September 4, 2007
PLAT DESCRIPTION
, That poKlon of chc SoutReast Y. of the Southeast Y of Section 31, Towixhip 4 North, Range 1 East,
Boise Meridian, Me~idtan, Ada County,, Idaho, and mor.e•paacicularly desc~ibed aS fotlows;
Commencing at the Scutheast comer of Section 3t, the POINT OF BEGINNING;
ffience along "ttie Sout~erty bouhdary of the Southeast'1i of the Soutlieast'/i oi said tectlon;
North 84`4T69' West, 6.62.30 feet;
the~ce a[ong the Wetterly bountlary of the Southeast'7~ of the Southeast !/: of the Southeast y of
Seetion 31, North 00'34'U5" EasE, 623.50 feet;
Uienee'Nocth 89'4¢`26" West, •661.77 feet io the 4Vesterly boundary. of the Southeast Y. of the
Southeast Y, of Section 31;
tAe~ue along said boundary NorEh Q0'3TOp° East, 706.02 ieet to Che SoutheAy boundary of Que~zer
tommons Subdivision;
fhence albng s51tl 6oundary., South 89'46'26' Easc, 661.1.7 feet to tAe 1Neste~ty bo~Cary of Ne
Northeast Y~ pf the Sou[heast Y. o.f the SoutheasY Y. of S.ectiori 31,
tHenee along said bouridary, 5duth OD'34'05' W.est, 599..76 feet;
thence South 89' 46'45"East, 661:68 f~et to th~ Eastecly boundary of !he Southeasi ~ of the
SoutheaFt ~% of. Section 31;
thente along said' bounda .ry., South 00`31'09" West, 729:67 .feet to Ehe POINT OF BEGINNING.
Confaininq 21:8f0 ac~es, moce or less.
EN[? QF DESGRIPFION
Prepared by:
J•U•'B ENGIN~ERS, Inc.
RonalG M. Hodge, P.L.S.
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Exhibit C
CtTY OF MERIDIAN PLANN[NG DEPARTMENT S'CAFF REPORT FQR THE HEARING DATE OF MARCH 18, 2UQ8
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BOIAdDARY EXHIBIT
Exhibit C
C1TY OF MERIDIAN PLANNTNG DEPARTMENT STAF•F REPORT FOR TWE HEARFIJG DATE OF MARCH 18, 2U08
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigstion and
shall, at the public hearing, review the application. In order to grant an annexation aud/or
reaone, the Council shall make fhe following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Applicant is proposing to zone the subject property to R-15. The Council finds that the
proposed zoning map amendment will comply with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff
Report for more information.
2. The map amendment complies witL the regulaHons outlined for the proposed district,
specifically the purpose statearent;
The Council finds that multifamily developments are conditiorial uses within the R-15 zoning
district. The Council finds that future development of this property should comply with the
established regulations and purpose statement of the R-15 district.
3. T6e map amendment shall not 6e materially detrimental to the public health, safety, and
welfare;
The Council finds that a zoning amendment to R-15 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 deternuning this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that a zoning amendrnent to R-15 for this site will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this site.
5. The annex$tion is in the best of interest of the City (IJDC 11-SB-3.E).
The Council finds that all essential services aze available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. In
accordance with the findings listed above, the Council finds that Annexation and Zoning of
fhis pro,perty to R-15 would be in the best interest of the City, as mentioned in the Staff
Report.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-maldng body shall make the followiag findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial cornpliance with the adopted
Cornpreliensive Plan. Staff supports the proposed density and proposed plat layout, with
recommended changes, as they comply with the provisions of the Comprehensive Plan. Please
see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport.
2. Public semces are available or can be made available and are adequate to accommodate
the proposed development;
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF MARCW 18, 2008
The Council finds that public services can be made availablE to accommodate the proposed
developrnent. (See Exhibit B of the Staff Report for more details from public service providers.)
3. The plat is in conformance with scheduled public improvemeats in accord with t6e City's
capital improvement program;
Because the developer is installing sewer, water, and uti~lities for the development at their own
cost, the Council finds that the subdivision will not require the expenditurc of capital
improvernent funds.
4. There is public financial capability of supporting services for the proposed development;
Staff recommends the Commission and Council rely upon comrnents from the public service
providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency
Comments and Conditions, for more detail.)
5. T6e development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Council attention. ACHD
considers road safety issues in their analysis. Staff recommends that the Cornmission and
Council reference any public testimony that rnay be presented to deternune whether or not the
proposed subdivision may cause health, safety or environmental problems of which staff is
unaware.
6. T6e development preserves significant 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 or damage of
any natural, scenic or historic feature(s) of major importance. Staff recommends that the
Coxnrnission and Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a nafural or scenic feature(s)
of major importance of which staff is unaware.
3. CUP Findings
The Coramission and Council shall base its determination on the Conditional Use Permit request
upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensioaal and development regulations in t6e district in which the use is located.
The Council finds that the site is large enowgh to accommodate all required parking,
landscaping, loading and other standard regulations requ~ired by the UDC. ,
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of tWs Title.
The Council finds that the proposed use is in general conformance with the comprehensive plan
(please see Section 8 of the Staff Report for detailed anaiysis of specific comprehensive plan
action items that apply to this development).
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended c6aracter of the
Exhibit D
CITV OF M~ERIDIAIV PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MARCH 18, 2008
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 (as amended in Exhibit B)
should be compatible with other uses in the general area and will not adversely change the
character of the area. Staff recommends that the Comrnission reference any public testimony
that may be presented to determine whether or not the proposal will adversely affect the other
properties in the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the viciuity.
The Council finds that the proposed development shou~ld not adversely affect other property in
the vicinity if the applicant complies with all conditions of approval in Exhibit B and constructs
all improvements and o.perates the use in accordance with the UDC standards.
5. That the proposed use will be served adequately by essential public facilities and semces
such as highways, streets, schools, parks, police and fire protection, draiaage structures,
refuse disposal, water, and sewer.
Please refer to the comments and conditions prepared by the Meridian Fire Department, Police
Department, Parks Department, Sanitary Services Company and ACHD in Exhibit B.
6. That the proposed use wil! not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the coramunity.
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The prirnary public costs to
serve the future residents will be fire, police and school facilities and services.
The Council finds that the applicant should be required to pay to extend the sanitary sewer and
water mains into the site. No additional capital facility costs are expected from the City. The
appl'icant and/or futwe property owners will be required to pay highway impact fees. The
Council finds that the proposed uses should not create excessive additional costs for facilities or
services and showid not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, pro.perty or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Council finds that the proposed developrnent will not involve uses that will create
nuisances that wouid be detrimental to the general welfare of the sucrounding azea. The Council
does not believe that the amount of traffic or noise generated will be detrimental to the general
welfare of the public. Staff recommends that the Commission reference any public testimony
that may be presented to detemune whether or not the proposai may cause health, safety or
environmental problems of which staff are unaware.
8. That the proposed use will not result in fhe destruction, loss or damage of a natural, scenic
or historic feature considered to be of major importance.
The Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major irnportance. Staff recommends that the Commission
and Council reference any public testimony that may be presented to deterinine whether or not
the proposed development may destroy or darnage a natural or scenic feature(s) of major
importance of which sta~ is unaware.
Exhibit D
CI'Cl' OF MERIDIAN PLANN{NG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MARCH I8, 2008
4. Private Street Findings:
A. The Desi.gn of the private street meets the requirements of tlus Article;
The applicant will have to certify that the Ada County Street Narning Committee has accepted
the private street names. The design of the streets meets the standards as set forth in UDC 11-
3F-4; no gates are allowed. Roadway and storm drainage shail be contained on site.
B. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons property, or uses in t6e vicinity; and
The Council does not anticipate any hazard, nuisance or other detriment frorn the private streets
if they are constructed and maintained as designed.
C. The use and location of the private street s6a11 not conflict with the comprehensive plan
and/or the regional transportatioe ptan.
The location of the private streets does not conflict with the Comprehensive Plan and/or the
regional transportation plan.
5. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the following
findings:
1. Strict adherence or application of the requirements is not feasible; OR
The applicant is proposing to construct the private street with an overall width of 36 feet. The
applicant has worked closely with the Meridian Fire Department for their approval. Fire has given
their approval of the proposed private streets with the allowed 8-foot parking lanes along one side of
the roadway. The Council finds the construction of private streets meets the intent of the City's
private street standards of the code. ~
2. The alternative compliance provides an equal or superior means for meeting the
reguirements; and
The Council finds the alternative compliance does provide a superior rneans for meeting the City's
private street standards and provides a single family ambience to the development. A typicai private
street section for a residential district is 24 feet. The applicant is proposing a parking lane with 5-
foot attached sidewalks along one side of the roadway. The proposed private streets are identical to
the ACHD's reduced 29-foot street sections. The overall width of the street section exceeds the
City's private street standards of 24 and 26 feet. Therefore, Council is supportive of the applicants
request for alternative compliance frorn the private street standards.
3. The alternative means will not be materially detrimental to t~he public welfare or impair the
intended uses and character of the surroundiag properties.
The Council fmds that the proposed alternative wi~ll not be detrimental to the public welfaze or
impair the use / chazacter of Che surrounding properties.
Exhibit D