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Windham Place Subdivision RZ 08-007ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 34 BOISE IDAHO 02/06/09 12:01 PM DEPUTY Vicki Allen II I I I II II I II I II I (II II I' II' I'I I I II I III RECORDED-REQUEST OF 1 Meridian City i ~~~ 1315 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian Z. Zachary A. Graves, Owner 3. Eagle Springs Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT {this Agreement), is made and entered into this ~~day of , 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Zachary A. Graves, whose address is 267 E. Indian Rocks Court, Meridian, Idaho 83642, hereinafter called OWNER and Eagle Springs Investments, LLC, whose address is 6951 N. Duncan Lane, Boise, Idaho 83703, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner and Owner/Developer 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 OwnerlDevelopermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, OwnerlDeveloperhri submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-15 (Medium-High Density Residential District) (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council,~as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-00?) PAGE 1 OF 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 27th day of January, 2009, has approved City of Meridian Planning Department Staff Report, 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 Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER and OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner and Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, 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. DEFII~TITIONS: 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 - WII~IDHAM PLACE (RZ 08-007) PAGE 2 OF 10 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Zachary A. Graves, whose address is 267 E. Indian Rocks Court, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner{s} of the Property. 3.3 OWNER/DEVELOPER: means and refers to Eagle Springs Investments, LLC, whose address is 6951 N. Duncan Lane, Boise, Idaho 83703, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain pazcel{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-High Density Residential District} attached hereto and by this reference incorporated herein as if set forth at length. 4. U5ES PERNIITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unifies Development Code § 11-2A. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: Future homes on this site shall be generally consistent in appeazance to the elevations attached in Exhibit A. The applicant shall construct homes on the site that contain the following design features: varying pitch roof design including gable and hip rooflines facing the street, shutters azound the windows on the front facade, substantial pillars with substantial bases and front facades accented with brick/stone, gazage door with a glazing element DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ OS-007) PAGE 3 OF 10 and covered porch azeas. Building materials shall be of quality materials including but not limited to woad siding, hazdie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, boazd and batten, and cedar shingles) and a minimum of two field colors and a trim color. 2. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of application submittal. 3. The subject site shall develop with a maximum of 23 single family detached homes.. Each home shall comply with the R-15 building setbacks, and not encroach into any easement. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the OwnerlDeveloper or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Propert}~' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner and Owner/Developer consent upon default to the reversal of the zoning designation of the Property subj ect to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner and Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. DEFAULT: 8.1 In the event Owner and Owner/Developer, or Owners' and Owner's/Developer'sbeirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 8.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-007) PAGE 4 OF 10 breach and breaches waived and shall not baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'srnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner and/or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner and/or Owner/Developershail 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 maybe extended for such period as maybe reasonably necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either Owner and/or Owner/Developer or City is delayed for causes which aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-007} PAGE 5 OF 10 12. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner and/or Owners/Developers agree to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner and Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER: Zachary A. Graves 267 E. Indian Rocks Court Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-007) PAGE 6 OF 10 15.1 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. 16. 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. 17. TIlVIE 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 provisian 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. 18. 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 and Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and r~ordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhos fully performed its obligations under this Agreement. 19. 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. 20. 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/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-007) PAGE 7 OF 10 20.1 No condition governing the uses andlor 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. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. EAGLE. P INVESTMENTS, LLC ~`~'`~ a By: `~' _ -tom ZAC Y A. GRAVES CITY OF MERIDIAN By: Ji:~~~~L°" ~~ l Mayor T y e Weerd \\``~Illlllllllll////// ` /~ ATTEST: \`.~`~~\\~~~-~~ ~~ei~~q~~~~''. s~AF ~ O ~I .~i~~ Jayc .Holman, City Clem ~ _ '',',,'/////11111 1111111~~~~,`4``aa DEVELOPMENT AGREEMENT - WII~TDHAM PLACE (RZ 08-007) PAGE 8 OF 10 STATE OF IDAHO, ) ): ss County of Ada, ) On this day of ~l ~. ~ ~e~-~-v1 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared P~..~ ~.rri ~ known or identified to me to be the IL4 of Eagle Springs Investments, LLC, and acknowledged to me that he ex ted the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. ~~~~• p L. Cg'~~i.. (SEAL) ~ i * ..~~ AIV B LlG •.._ OFT _ .~ .~ No Public for Idaho Residing at: ; ~ My Commission Expires: °~ ~~ ,> STATE OF IDAHO, ) ): ss County of Ada, ) On this ~aJ~' day of ,~ c~..v~ y~-1 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Zachary A. Graves, known or identified to me to be the person who signed the above agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. .•-- • {SEAL) ,• ~,,Q"}' ~®TgRA '~~ ® y~ ~ ~ ~.-~~ ®~'UBL1G ®•~®®®~~~ a0 F T9 ~',~`~'~~ ~d8C0:10®YYP®t~ Notary Public for Idaho Residing at: ~ 1 My Commission Expires: -> ,L,, c~ DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-007) PAGE 9 OF 10 STATE OF IDAHO ) ss County of Ada ) On this ~J~ day of T 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. olman, 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 aflixed my official seal the day and year in this certificate first above written. (SEAL) ~•~ ~ - ~O T,9 ',~ ; e .~f • a ~ ~ ~'~: ~ j ~ ~ i ~ i • ~ ~ ~ • ((JJ~~ ~ • it ~~. ~ ~ •9 i •••oF IDP-~•• •...• Public for Idaho Residing at: r~ (~ ~ Q ~° I l I~ Commission expires: _1C]-~ ETB DEVELOPMENT AGREEMENT -- WII~iDHAM PLACE (RZ 08-00?} PAGE 10 OF 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 C. Legal Description and Exhibit Map ([)~1..~(j 1450 fem. Watextuwer St SUR~~~ S~ce i 5v Mertdian.tdaho 83642 G R£7l1 P Pt,one 3 { OS} $46-8570 F~c {208) 884-5399 Project Nv. OS-182 August 25, 2008 Revised Navetuber 3, 2Q4$ Revised December 2, 2008 Windham Place Subdivision Rezone Deseraption fre~m RS to Ri5 Windham Place Subdivision, excepting Lvts 1 and l6, Block 1 thereof as same is zetvrded in Bvak 98 of Plats at Page 12462, Ada County r~ords, located is Gavernmeut Lot 5 of Seetios~ 6, T.3N.,12.1E.,13.M., Ada County, Idaho, more particularly described as foiloa~s: Cammencimg at the West 1/4 earner of said Section 6, from vvhith the Nartheaast comer of said Sections beats North 00° 17' 16" East, 2658.29 feet; Thence North OU°17'16" East, 742,50 feet; Tiaence North. 89°42'44" East, 25.00 feet; Thence South S9°42'44" East, 57.,38 fce~ Thence South 88°13'47" East, 122.48 Sect to the REAL POII~TT OF BEGINNING. Thence Noah 76°54'00" East, 270.80 feet; Thence North 53°44'51" Fast 53.78 feetto an angle point art tine sautheriy boundary of Highgate Subdivision Phase 2, as same is recorded im Book 94 of Plats at Page 1 fly i 4, Ada County retards, said paint lying in the South Slough (Finch Lateral}; Thence aontinuing and along said slough and southeasterly boundary of said ~subdivisioa North 53 °44'5 l °' East, 493.59 feet {ofr~ord as North 53°38"East: 7'.30 Thence. North 35°30' 12" East, 258.83 feet {af z~ard as North 45°13' East, 3.80 chains}; Thence North 89°43'38" East, 39.70 feet (of zecard as East 0.65 links) to the Noztiaeast corner of said Gvvetnment Lot 5, common tv the Narthwest tamer of F'otliergill Pointe Subdivision No. 3, as same is recorded in Boak 73 of Plats at Page 7555, Ada County records; 3°henc~ along the West bauudary of said subdivision and a westerly boundary of Failtergill Subdivision No. 1, as one is retordeci in Boak.65 of Plats at Page 6639, Ada. Caunty records, 5auth O(i°19'53" West, 741.74 feet (record 10.64 chains), Thence North 6bG57'45" West, 36.${1 feet (record North 66°47' 10" West, 37.03 Suet} to the tnt~t northerly comer of Lot 4, Block 5 of said Fathergill Subdivision No. l; Pr,ofessYonai Land Surveyors Exhibit C - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Thence depmrting said subdivision boundaay North b7° i 9'04" West, l 81.65 feet record of previous i calls Nate 66°S7' West, 3.25 chins); Thence North $8°13'47" West, 15.89 feet, Thence North 1°47'24" Fast, 90.t}'~ feet; Thenr.e North 88°12'36" West, 45..00 feet; Them Scsu#h 1°47'24" Vilest, 90.08 feetfi Thence North 88°13'47" West, 629.09 feet to the Paint of Beginning. C®ntaining 5.03 Acres, amore or less. Prepared By: Idaho Survey Group, P.C. ~vs ~aa. ~v ~~s ~E~~te D. Terry Peagh, PLS Exhibit C - 2 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIAN=- In the Matter of the Request for Rezone of 5.03 Acres from R-8 (Medium Density Residential) to R-15 (Medium-High Density Residential); Request to Modify Note #4 by Removing the Zero Lot Line and Modifying Note #10 by Removing the Requirement for Attached Houses from the Recorded Plat, by Eagle Springs Investment, LLC. Case No(s). RZ-08-007 and MFP-08-007 For the City Council Hearing Date of: January. 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) B. Conclusions of.Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City. Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone request as evidenced by having submitted the legal description and exhibit map prepared by D. Terry Peugh, PLS, dated 12/02/08, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of January 6, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -2- 2 ~ B action of the City Council at its regular meeting held on the ~ day of 200 COUNCIL MEMBER DAVID ZAREMBA VOTED AI~Sv~' COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED ~s~'6°'~~~ , `\`\~~~,,,/or Tai de Weerd ~~~s Attest: ~.~`~~~"~ ~/'9~y`'.'. ~,~~ ~ r ~ o ~~ - Jaycee H an, City Clerk ~ o`~ ' ~ ~~ 1 ion, tj ~ `q~`1\,1\ Copy served upon Applicant,'`~~l~g~Dbpartment, Public Works Department and City ,:,,~,t~~~. Attorney. B Dated: ~" Z-~'oq Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-0S-007 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 STAFF REPORT Hearing Date: January 6, 2009 • MFP-08-007 Final Plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for a Rezone (RZ) of 5.03 acres from R-8 (Medium Density Residential) to R-15 (Medium-High Density Residential). Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line and modifying note #10 by removing the requirement for attached houses from the recorded plat to allow the construction of single family detached homes. The subject site is located east of N. Meridian Road, and approximately %z a mile south of E. Ustick Road. 2. SUMMARY RECOMMENDATION The subject applications (RZ-08-007 & MFP-08-007) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested RZ and MFP applications below. Staff recommends approval of RZ-08-007 and MFP-08-007 for Windham Place, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Ezhibit D and subject to the conditions listed in Ezhibit B. Note: The Commission is not required to make a recommendation on the Final Plat modification request (MFP-08-007). The Meridian Planning public hearing the Commission voted to recommend approval of the subject RZ reauest a. Summary of Commission Public Hearin: i. In favor: Peter Harris ii. In opposition: None iii. Commentin• None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commentin on application: None b. Kev Issue(s) of Discussion by Commission: i. The dimensional standards of the R-8 zoning district r~ardin sinle family detached and single family attached homes. c. Kev Commission Change(s) to Staff Recommendation: i. Staff initiated the chane to strike DA provision #4 because the lot (Lot 1 Block 1) takin access to Meridian Road is not part of the rezone reauest and no other lots have direct lot access to Meridian Road. d. Outstandin Issue(s) for City Council: i. Is rezonin this property from R-8 to R-15 appropriate for allowing the construction of sinle family detached homes. Windham Place RZ-08-007 & MFP-08-007 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 The Meridian City ounc'1 heard hec items nn January 6 2009 At the nnhlis hparinv the ('nnncil annroved the subiect R7, and MFP rea sect ~ None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-OS-007 and MFP-08-007, as presented in the staff report for the hearing date of January 6, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-OS-007 and MFP-08-007, as presented during the hearing on January 6, 2009, for the following reasons: (You should state specific reasons for denial of the rezone.) Continuance I move to continue File Numbers RZ-08-007 and MFP-08-007 to the hearing date of (insert continued hearing date here) so the Planning Department can draft conditions for approval (you should state reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East side of N. Meridian Road, and approximately %i mile south of E. Ustick Road NW % of Section 6, T3N, R1E b. Owners: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 c. Applicant: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 d. Representative: Peter Harris e. Present Zoning: R-8 Zachary A. Graves 267 E. Indian Rocks Court Meridian, ID 83642 Windham Place RZ-08-007 &MFP-08-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for rezoning of the 5.03 acres to R-15 and final plat modification to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat h. Applicant's Statement/Justification): "Windham Place Subdivision was approved as a 231ot project with 22 attached units and one detached unit on March 14, 2006. All of the improvements as approved for the project have been completed and accepted by the City. Our intention was to build units comparable to the units built in the Highgate Subdivision next door. With the change in the market we have been forced to revise our plans. We began with moderately priced duplexes of which we have built two pairs to date. Sales have been slow. All of the feedback from interested buyers has indicated that people aren't interested in attached product and are looking for detached houses. The existing R-8 zoning requires all detached units to be built on lots 5000 sq ft or greater. We are looking to rezone to R-15 to allow for detached units to be built on smaller lots. As our lots are already improved we will not be making any changes to the lot sizes or configurations as shown on the approved plat. The approved density of 3.91 units per acre will not be changed; the only change will be houses that are 35' wide instead of 40' wide. We are looking to modify the Final Plat for Windham Place based on the previous narrative. The Final Plat Modification requires slight adjustments to the approved plat. Notes 4 and 10 need to be modified to allow the construction of single family detached homes." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a final plat modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public meeting is required before the City Council on this matter. c. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission); December 15, and 29, 2008 (Council) d. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission); December 12, 2008 (Council) e. Applicant posted notice on site by: October 24, 2008 (Commission); December 19, 2008 Council 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Area: The surrounding area is developed as single family residential. c. Adjacent Land Use and Zoning 1. North: Single Family Attached Homes (Highgate Subdivision); zoned R-8. 2. East: Single Family Residential (Fothergill Pointe Subdivision); zoned R-8. 3. South: Single Family Townhomes (Breinholt Subdivision); zoned R-8. 4. West: Single Family Residential Subdivisions; zoned R-4. Windham Place RZ-08-007 & MFP-08-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 d. History of Previous Actions: The subject site was annexed and zoned (AZ-OS-053) and preliminary platted (PP-OS-055) in 2006. In addition, a fmal plat (FP-06-022) was approved for 23 buildable lots and 3 common lots in 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: All mains were previously installed. Location of water: All mains were previously installed. Issues or concerns: None. 2. Vegetation: Existing mature~trees around existing residence and canal. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The Cresson Lateral transverses along the northern property boundary. 5. Hazards: None known on property. 6. Proposed Zoning: R-15 7. Size of Property: 5.91 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 . 7. Open Lots: 3 8. Residential Area: 5.78 acres 9. Gross Density: 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road. The landscaping has been installed with the approval of the Windham Place Subdivision and is to r-emain unchanged. 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. h. Proposed and Required Residential Standards: per the R-15 (and R-8) zones are as follows: Setbacks Proposed (R-8) Required (R-15) Front 20 20 Street side (Garage) 20 20 Street side (Living) 15 10 Windham Place RZ-08-007 & MFP-08-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Side 5 5 Rear 12 12 Frontage 40/50 0 Lot Size 4060 / 5500 min. sq. feet 2,400 min. sq. ft. i. Summary of Proposed Streets and/or Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways are constructed and operational for Windham Place Subdivision. These roadways were evaluated and approved by the City and ACRD. 7. COMMENTS MEETING On October 16, 2008 Planning Staffheld an agency comments meeting. The agencies and departments present include: Meridian Fire Department and Meridian Public Works Department. Staff has included all comments and recommended actions attached in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the approved Windham Place Subdivision is 3.91 acres and is not proposed to change with the rezoning of the property. 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): • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. Further, the applicant is requesting the rezone to construct single family detached homes rather than single family attached home. Staff believes this development is compatible with the surrounding residential developments in the area. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections are constructed and provide connectivity with the surrounding residential subdivisions. Windham Place RZ-08-007 & MFP-08-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 • Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Creason Lateral crosses the subject property and has been preserved and amulti-use pathway has been located in accordance with the Master Pathways Plan. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) 7'he applicant believes rezoning the property to R-1 S and allowing the construction of single family detached homes will increase the viability of the project and provide affordable housing for the citizens of Meridian. • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) Stafffinds rezoning this property to R-IS should not impact the density approved with this development. FurtheY the proposed density is similar to the surrounding developments and stafffinds the home design compatible with the existing neighborhoods. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee a negative impact on surrounding development by rezoning the subject property. The proposed single family detached products should be compatible with surrounding homes in the area and do not differ much from the attached product already constructed within the development. Staff finds that the proposed R-1 S zoning designation is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as permitted use in the R-15 zoning district. b. Purpose Statement of Residential Districts: The purpose of the residential districts is to provide for a range of housing opporhuuties consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: The applicant is proposing to rezone 5.03 acres from an R-8 (Medium-Density Residential) zoning district to an R-15 (Medium High-Density Residential) zoning district. Windham Place RZ-08-007 & MFP-OS-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot lines and modifying note #10 by removing the requirement for attached houses to proceed with constructing single family detached homes on the site. Under the R-8 zoning district, there are different dimensional standards for single family attached and single family detached homes. Attached homes require 40 feet of lot frontage and 4,000 square foot lots; detached homes require 50 feet of lot frontage and 5,000 square foot lots. The project was approved for single family attached product and noted on the recorded plat. A majority of the lots have lot frontages of 45 feet and lots average less than 5,000 square feet respectively, which do not meet the dimensional standards for detached homes in an R-8 zoning district. Therefore, the applicant is proposing to rezone the property to an R-15 zoning district which does not have a minimum lot frontage requirement and requires a minimum lot size of 2,400 square feet. It is important to the note the applicant is not proposing to increase the number units approved with the original project. Further, the setback requirements are the same with the exception of the setback to living area; the R- 8zone requires a 15-foot setback and the R-15 zone requires a 10-foot setback. If the subject rezone and final plat modification are approved the applicant would be able to proceed with constructing single family detached homes on the lots with minimal redesign to the current lot configuration. Staff is supportive of the applicant's request to rezone the property provided the applicant enters into a development agreement with the City (applicable DA provisions will be discussed in further detail below). ' The rezone legal description submitted with the application (prepared on 12/02/08 by Terry Peugh, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. A development agreement was not required with the annexation of this property in 2005. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission and Council decide it is in the best interest of the City to rezone this property, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506, within 12 months to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall incorporate, at a minimum, the following, in addition to provisions the Commission and Council deem appropriate: 1. Future homes on this site shall be generally consistent in appearance to the elevations attached in Exhibit A. The applicant shall construct homes on the site that contain the following design features: varying pitch roof design including gable and hip rooflines facing the street, shutters around the windows on the front facade, substantial pillars with substantial bases and front facades accented with brick/stone, garage door with a glazing element and covered porch areas. Building materials shall be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) and a minimum of two field colors and a trim color. 2. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of application submittal. 3. The subject site shall develop with a maximum of 23 single family detached homes. Each home shall comply with the R-15 building setbacks, and not encroach into any easement. Windham Place RZ-08-007 & MFP-08-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways and sidewalks are constructed and operational for Windham Place Subdivision. Building Elevations: As mentioned earlier, Windham Place Subdivision was approved for the construction of single family attached homes with the exception of the existing home that fronted on Meridian Road and Lot 17 of Block 1. As part of that approval, elevations were not tied to the development via a development agreement; however there is a note on the recorded plat that required 1,000 square foot single family attached homes. The applicant has submitted renderings of a single story home and a two story home depicting how future homes may be constructed on this site. The single story home calls out masonite and board and batten siding. Shutters and stone veneer accent the front facades of both homes. In addition, glazing is provided on the garage doors of the homes. A front porch is provided for the second story home and a covered entryway is provided for the single story home. The roof design also incorporates modulation and hip and gable rooflines for the proposed buildings. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. In no case- shall the buildings use vinyl siding as the primary siding material. Staff has reviewed the submitted building elevations and believes future homes will be constructed of durable building materials. Further, Staff is including a Development Agreement provision requiring these design features in future homes built in this subdivision. Landscaping/Site Improvements: Staff has visited the site and all improvements (roadways, pathways, sidewalks, fencing and landscaping) have been constructed and installed for Windham Place Subdivision. FINAL PLAT MODIFICATION: There are no required findings for a final plat modification. As mentioned above, the recorded final plat restricts the applicant to 1,000 square foot single family attached homes. Currently two pair of attached product has been constructed on the site. The applicant states that feedback from potential buyers has indicated a single family detached product is more desirable in today's market. Therefore, the applicant is requesting to modify the recorded plat to allow the construction of single family detached homes. The modification will include removing note # 10 from the recorded plat and modifying note #4 by removing the zero setback lot lines referenced. in the legend and on interior lot lines of the recorded plat. The notes on the recorded plat shall be modified as follows: 4) All lots (exert ze.,, ,,,*b~.,l~ ° -"~•-~ „°r'°'-°-~a~ are hereby designated as having a permanent easement for public utilities, irrigation and lot drainage over the five (5) feet adjacent to any interior lot line, unless otherwise shown and dimensioned (Remove zero lot line exhibit from the legend as well). r ~ .(Remove from notes) Staff is supportive of the applicant's request; however after reviewing the recorded plat and the applicant's floor plan, there are four lots (Lots 3, 5, 8 & 9 of Block 2) that may not accommodate the housing product, as proposed. Lots 3 and 5 have an 8-foot P.U.I.D. easement along the northern property boundary and Lot 8 and 9 have lot frontages of 40 and 41 feet respectively. The submitted housing plans depict a 35-foot wide home which would conflict with the required 5-foot side setback and utility easements along the interior (side) lot lines. Staff is Windham Place RZ-08-007 & MFP-08-007 PAGE S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 recommending the applicant reconfigure the lots along the eastern boundary or redesign homes for those lots to comply with the side setbacks of the R-15 zoning district and do not interfere with e~sting 8-foot easement on Lots 3 and 5. The applicant may submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the existing easements. As another option, the applicant could decrease the number lots and still be in substantial compliance with the approved final plat. Further, if an additional housing type is the preferred route, then elevations should be submitted to staff ten days prior to the City Council hearing to ensure future homes on those lots will comply with the setback of the R-15 zoning district and not conflict with the aforementioned P.U.I.D. easements. b. Staff Recommendation: Staff is recommending approval of RZ-08-007 and MFP-08-007 for Windham Place, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on November 6 and December 4, 2008. At the December 4a' uublic hearing the Commission voted to recommend auuroval of the subiect RZ request. be Meridian Citv Council heard these items on January 6.2009. At the nublic_hearin~ the Council anuroved the subiect RZ and MFP request. 11. EDITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. 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 Description and Exhibit Map D. Required Findings from Unified Development Code Windham Place RZ-08-007 & MFP-08-007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 A. Drawings 1. Vicinity Map Exhibit A - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 2. Approved Final Plat a Ate. ~ ~ ~~ .. 1 ~4 ~ ~ 3 ~~~ :X>.- ,E trv ~.~rs j:i~~~~- ..psi ~„, .. - ~,,~`€ a ..,~,,, "'"-p . ~ 4; .v g's~ a' ~ 3 ~ ~ _ ~ .~ '~,~~, ~ ~ ~ • ~ s ~ :.fir-. } ~ _, mm 9 ~ 3 ~ w,' ~ y~ ~ ~ , ~ ~' ~ 4" ~. ~ ~~ qq ~ ~IX~ F pn $ 1 ~_- ~ ~~ i s ~ ~~_` , i}~ ~ ~. ~ ~ ~ J ~3 ' *^ 3 t` ; ~i : ~ ro fix ';. ~ ~?c ~, a, S?. ~ -'s 1k a a v, 4s:-:~ i d` j v.. h ~ ~ d f ~ ~~ ( E _ ~ ~~ i " s e ~~ `~ ! ~ ~ , ,~ ~s : ~ r, ` ~ g ~ -wr_ ~ y r a. ~ s .. y ( ~ , w u 'r g ~i R~~~ SK ~ `8 -.iw„-.,...<::~..,., .'~E `a,. ~ Y'3 ~ ~gK36=Na~3 .~ 6",X9 ~ ~~~ ~ 0~ ~OPS1 Exhibit A - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 3. Approved Landscape Plan Exhibit A - 3 CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 4. Elevations ~~~ ,..«~, ~..ze sae. ~; ~'r ;, _ , ~-- . =""Z ~ '~ ~ ".ice ....:......_;. .. .. . ~~a?p• ~ x.6 vin't~.io ..u -.. lbt c ~ rr ,.. ea~ P'u'-W ;.e c :.. ~G YR t ~ S'r V - - .................... ~,ae /~ m C. M•6^ xifo~ w &h.T 9 ~fr~ A5't~ ro I _...... n t _ z Exhibit A - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Terry Peugh, PLS, dated 12/02/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 Prior to rezone ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 12 months of the City Council's approval of this application. Please be advised a $303.00 fee will required to process the development agreement. See section 10 above for analysis and comments regarding the DA provisions subject to Windham Place Subdivision. 1.3 Approval of the rezone and final plat modification does not relieve the applicantldeveloper from compliance with any previous approvals; the applicant shall comply with all applicable conditions from AZ-OS-053, PP-OS-055 and FP-06-022, for Windham Place Subdivision. 1.4 The applicant shall redesign the homes/floor plans for those lots along the eastern boundary so they comply with the side setbacks of the R-15 zoning district and do not interfere with e~sting easements on Lots 3 and 5; or the applicant may submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the e~sting easements. If an additional housing type is the preferred route, then elevations shall be submitted to staff ten days prior to the City Council hearing. All homes shall comply with the setback of the R-15 zoning district and shall not conflict with any easements. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no opposition with this application. All conditions of approval from the previously approved plat will apply. 3. FIItE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Building setbacks shall be per the International Building Code for one and two story construction. 3.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 • m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B _ I _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT (NO COMMENTS PROVIDED) 5. PARKS DEPARTMENT 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 6. SANITARY SERVICE COMPANY (NO COMMENTS PROVIDED) 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS PROVIDED) Exhibit B _ 2 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 C. Legal Description and Exhibit Map ~~~~© 9454 EascWatertower St Sv ~'~~~ Suice 1 SO Meridiatr,l~ho 83642 G Rf_} U P w,a,e t2os) ~4s-asro - Fax {248) 884-5399 Project No. OS-182 August 25, 2008 Revised November 3, 2t}08 Revised December 2, 2008 'Windham FI$ce Subdivision Rezone Description from R8 to RIS Windham Place Subdivision, excepting Lots 1 and l6, Boook 1 thereof, as same is recorded in Book 98 of Plats at Page 12462, Ada County records, located in Governmem Lot 5 of Seetiort 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the West 114 earner of said Section 6. from which the Northwest corner of said Sections bears North ~° 17' 16" East, 2658.29 feet; Thence North 00°17' 16" East, 742.50 feet; Thence North 89°42'44" East, 25.00 feet; Thence South 89°4'44" East, 51.38 feet, Thence South 88°13'47" East, 122.48 feet to the REAL POINT OF BEGINAI[NG, Thence North 76°54't)0" East, 270.80 feet; Thence North 53°44'Sl" East 53.78 feet to an angle paint on the southerly ls,undary of Highgate Subdivision Phase 2, as same is recorded in Book 90 of Plats at Page 105 i 4, Ada County r~ords, said point lying in the South Slough (Finch Lateral}; Thence continuing and along said slough and southeasterly boundary of said subdivision North S3°44'Sl"East, 493.59 feet (of record as North 53°38" East, 7.30 chains}; Thence Iti?orth 35°30' 12" East, 258.83 feet {of record as North 45°l.3' East, 3.80 chains}; Thence North 89°43'38" East, 39.70 feet (of record as East 0.65 links} to the Northeast corner of mid Government Lot S, common to the Northwest corner of Fothergill Pointe Subdivision No. 3, as same is raeorded in Book 73 of Plats at Page 7555, Ada County records; Thence along the Vti'est boundary of said subdivision and a westerly boundary of Fothergill Subdivision No. 1, as same is recorded in Bcwk.6S of Plats at Page 6639, Ada. Couaxty records, South 00° 19'53" West, 701.74 feet (record 10.64 chains}; fihence North 66°57'45" West, 36.8t3 feet (record Notch 66°47' 1{I"' West, 37,43 ft`et) to the most northerly comer of Lot 4, Block 5 of said Fothergill Subdivision No. 1; Pre fessiannt Land SurYeyors Exhibit C - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 I1~rice departia8 said subdivision brsundary North 673 9'04" West, ] 81.65 feet ~rf~ord of previous i~o ca11s North 66°5T West, 3.25 chains), Thence North 88°I3'4?" u'est,15.89 feet; Thence North 3°47'24" East, 9t3.t}? feet, Thence North 88°1.2'36'4 West, 45.04 feet; Tlacnre South 1 °4?',4'' West, 90.08 feetn Thence North 88°3 3'47" West, 629.09 feet to the Paint of Beginnir~. C©ntaining SA3 Acres, more or less. Prepared. I35~: Naha Survey Group, P.C. Qom' vt~~. ~v CMG ~ ~Ct~KS t)cPY.DG D. Terry Pengh, PLS Exhibit C - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 >~ ~~r ~t S .3~ S. 31 S.1 S 6 r a 1~ ~ sn ca z w ~ ¢ ~ quo O W : ' N 01 ti ~ ,. ~ ._.. ..__ Ogti ~ ~~ z, . ~ m i~ i o~ i N h rf4 ,,; ' S. 6 ZS ?UO ~A4U ~ s~ ,.._.,,_,. za9~ _ .._ SCALE: 1" = 2®0' N 89°43'38" E .~ 39.7fl' ~~ , ~ E.~USTlCK RD. ~~~ j' ~~~~ ~ ~ l ~ •~E .-'' ~ 22.45' ~ iJ~ ,,' ~~ (2f'y~NT ~ON NG: ~ R! ' ~ '' t R~P`~-Et} ~.~N ~ N ~ 5 + N88"13'47"W 629,p9~~_J 1 ~__ REAL POINT 1VS~l..~-•~, OF BEGINNING J8~904' 6S' ` S89°42'44"E 51.38' \ N89°42'44"E 25.Ot3' REVi '~ RC1§"k~, 61° ~~ U f~ERi?i~Ft ~`U€~i.tC IpAH© ~''Y ~ j td69 E. WR9EC13'OWER%9. ~URj/~~ $ff£t/Q1AN. R7AH08i~A2 GROUP, P.G. `~'~` LINE T~,BLE LINE L1 LI=1v~~ aEA~iNr 15.Sa ~ N 88'13'47" b1r L2 __...._ ~t3.~J7 N t~1°4?"2~" t. L3 ~35.tJC= N 88'92'3~i"' W _....._ _!-4 4G.08.___._~.....5 X71°47'2° d~ . WiNDHAM PLACE SUBDiVfSIQP! DESCR~P110N FRAM R-8 TC L~ATe19 W tiQU`T. LQT $ ~' SECTION 6, T.3p,, fi.9C., 9Ah„ L9FRIg7AfV. AOA c6UVTY. IOA+90 ~~ f~ _, ~ _..1 e`} i° --) _~ Q ~~T~h ~:8~, ~ ~-9~ O@.~G.OS Exhibit C _ 3 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 D. Required Windings from Unified Development Code 1. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 5.03 acres to an R-15 zoning district. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that future development of this property should comply with the established regulations and purpose statements of the requested zoning district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. The Council finds that the rezone of the subject property from R-8 to R-15 is in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D _ I _