Arnke Townhouse CZC 07-13311 IDAHC3
NOTE: This is not a Building Permit
Prior to any construction, you should
contact the Building Department at
(208) 887-2211 to verify if any
additional permits and/or inspections
will be re uir b the Meridian
Buildin De nt.
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Date:.
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Project Name/Number: Arnke Townhouse - CZC-07-133 \
Owner: Michael Arnke
Site Address: 2160-2164 W Pine Street (Lots 6-8 of the Arnke Subdivision)
Proposed Use: Phase 2. One Townhouse Consisting of Three Dwelling Units.
Zoning: R-40 (High Density Residential DistrictZ _
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of
approval ofthe conditional use permit (CUP-OS-037), preliminary plat (PP-OS-028) and final plat (FP-06-002)
approved for this subdivision. The issuance of this permit does not release the applicant from any
previous requirements of other permits issued for this Phase 2 three dwelling unit townhouse (Lots 6-8)
of the Arnke Subdivision.
Site/Landscape Plan: The Site/Landscape Plan prepared by The Land Group, on December 23, 2005, labeled
L1.1, is approved (stamped "Approved" on June 18, 2007 by the Meridian Planning Department). The
approved landscape plan is not to be altered without prior written approval of the Planning Department.
Plat: The plat of Arnke Subdivision, dated 2006, showing building footprints and' setbacks is approved
(stamped "Approved" on June 18, 2007 by the Meridian Planning Department) as shown on the submitted
plan:
Elevations: The elevations for the townhouse units are approved as shown on the plans stamped "Approved"
on June 18, 2007. The townhouse units shall be constructed as shown on the approved elevations.
Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the
approved specifications and in accordance with UDC 11-3A-15.
Protection of Existing_Trees: Any existing trees on site must be protected or mitigated for in accordance with
the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the
Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the
existing trees prior to construction. Any severely damaged tree must be replaced incompliance with UDC 11-
3B-10-C.5.
Parkin :The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project
engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the
Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance with
ADA standards.
CERTIFICATE OF ZONING COMPLIANCE
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CFTY O'F ~r'i; .
Curbin :Per UDC 11-3B-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use
areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to
allow for storm water runoff.
Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed
prior to occupancy.
Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and
shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18.
Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in
UDC 11-3A-7.
Li_ hg ting: Lighting shall not cause glare or impact the traveling public or neighboring development and
comply with lighting standards as defined in UDC 11-3A-11.
Si n~ age: No signs are approved with this CZC. All business signs will require a separate sign permit in
compliance with UDC 11-3D.
Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures
must be built in the location and to the size approved by SSC.
Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all
federal handicap-accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any
changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be
submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit..
Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of
Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape
designer or q ualified nurseryman responsible for the landscape plan, upon completion of the landscape
installation. The Certificate of Completion shall verify that all landscape improvements, including plant
materials and sprinkler installation, are in substantial compliance with the approved landscape plan. A
Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of
Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any
request for Temporary Occupancy.
Plan Modifications: The Site Plan and Landscape Plan are approved as submitted (stamped "Approved on
June 18, 2007), and are not to be altered without prior written approval of the Planning Department. No
significant field changes to the site or landscape plans are permitted; prior written approval of all changes is
required. _
Bill Parsons
Associate City Planner
*This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited
to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date
of issuance if work has not begun.
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Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
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Pro'ect name: tS 1 'File #: t!Z C-b~v ~`D
A licant/a ent: ~ G R' `f YLLC ~ (~ (it'1 C - ~{ ~~ ~ ~i ,j~
All applications are required to contain one copy of the following unless otherwise noted:
Applicant Description Staff
~
~
Com leted & si ned Administrative Review A lication
Narrative fully describing the proposed use of the property, including the following:
- Information on any previous approvals or requirements for the requested use
i.e., a licable conditions of a royal or Develo ment A Bement)
Recorded warran deed for the sub'ect roe ~'"~
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, N.~„
submit a co of the Articles of Inco oration or other evidence to show that the erson si in is an authorized ent.
Scaled vicini ma showin the location of the sub'ect ro e
lif ~ Sanit Service Com an a royal for trash enclosure & access drive (stamped site planj /~'
/
"/~ A photometric test report for any light fixture(sj with a maximum output of 1,800 lumens , l
~"
' or more (see UDC 11-3A-11
Co of the recorded lat that the roe lies within 8 ''h" x 11" ~
Address verification letter from Public Works See Tricia Bieren 898-5500 ~'
Site Plan--4 copies (folded to 8 %" x 11" size),.
The followin items must be shown on the site lan: ''~"""
• Date, scale, north arrow, and ro'ect name (scale not less than 1"=so'> ----
• Names, addresses, and telephone numbers of the developer and the person and/or
~
firm re arin the lan ~
• Parkin stalls and drive aisles ~•
• Trash enclosure s location
• Detail Of trash enclosure (must be screened on 3 sides)
• Location and specifications for underground irrigation (Pressurized irrigation can only be
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waived if ou rove no water ri hts exist to sub
ect ro e
• Sidewalks or athwa S (proposed and existing)
• Location of ro osed buildin on lot (include dimensions to property lines) ----
• FenCln proposed and existin) ~'
• Calculations table including the following:
Number of parking stalls required & provided (specify handicap & compact stalls)
- Building size (sq. ft.) ~
- Lot size (sq. ft.)
- Setbacks
- Zonin district
• Reduction of the site lan 8 ''/z" x 11" d
Landscape plan -. 3 copies (folded to 8 ''/Z" x 11" size)
Plan must have a scale no smaller than 1 " = SO' (1 " = 20' is preferred) and be on a standard
drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in
its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets.
The followin items must be included on the landsca a lan:
• Date, scale, north arrow, and ro'ect name '"~
• Names, addresses, and telephone numbers of the developer and the person and/or ~~
firm re arin the lan '
~~
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660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642
Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
flood lains, hi h groundwater areas, and rock outcro in s.
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the ~-
tree will be retained or removed.
• A statement of how existing healthy trees proposed to be retained will be .-..
rotected from dama a durin construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
~...
stormwater detention areas, si ns, street furniture, and other man-made elements.
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
~'
be shown with one-foot contours.
• Si ht Trian les as defined in 11-3A-5 of this ordinance. -~
• Location and labels for all proposed plants, including trees, shrubs, and
grOUridCOVerS (trees must not be planted in City water or sewer easements). Scale shown for .,~~„
lant materials shall reflect a roximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, tree class (I, II, or III), and comments (for
s acin , stakin ,and installation as a ro riate). ^"
• Planting and installation details as necessary to ensure conformance with all ~
re uired standards.
• Desi n drawin s of all fencin ro osed for screenin u oses
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:
- Number of street trees and lineal feet of street frontage
- Width of street buffers (exclusive ofright-of--way)
- Width of parking lot perimeter landscape strip
- Buffer width between different land uses (if applicable)
- Number of parking stalls and percent of parking area with internal landscaping
- Total number of trees and tree species mix
- Mitigation for removal of existing trees, including number of caliper inches
bein removed
Reduction of the landsca a lan 8 ''/2" x 11" D
~/ Buildin elevations showin construction materials ~-'"
If applying for approval of a public school, provide additional information as required by ~(j~
the Public School Facili su lemental checklist er 67-6519.
Fee f this ro'ect had rior a royal on a site lan, reduced fees ma a 1 --"'
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impact fees, if arty, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site plan to accommodate the A CHD requirements, a new site plan shall be submitted to the, City of
Meridian Planning 8c Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid.
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION.
660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 9/21/06)
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Planning Department
ADMINISTRATIVE REVIEW APPLICATION
Type of Review Requested (check all that apply)
^ Accessory Use
^ Alternative Compliance
.Certificate of Zoning Compliance
^ Conditional Use Permit Minor Modification
^ Design Review
^ Private Street
^ Property Boundary Adjustment
^ Short Plat
^ Temporary Use Certificate of Zoning Compliance
^ Time Extension (Director)
^ Vacation
^ Other
STAFF USE ONLY:
Fiie number(s):
Project name: ~~ {~~ ~~ W ~ 4`~~LLS ~
Date filed: " (-~ Date complete: -~~`~~
Assigned Planner:. ~y 1 ~/ A l ~1 /aY1'~~"
Related files:
Information
Applicant name: / -'rhl~C~ If`'~'~ S 1 rot I
Applicant address: O`I ~-y' W • P1 ~ ~e
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Applicant's interest in property: ~ Own ^ Rent ^ Optioned ^ Other
Phone: ~~ ~~" ~~~~
Zip: S~j~J`~'o~
Owner name: 2~ ~ ~ ~ ~G n , , ~ _ Phone: ~OP~~131~ ~g~~
Owner address: ~~ ~+~ l.U~ Pi ~ ~ ! rlf,~` ~~' ,~ ~~ Zip: S ~ ~`
Agent name (e.g., architect, engineer, developer, representative): - Y OI C ~Z~ ~~~~
Phone: ~ ~" q ~~" ~~~~
Firm names: 'U:L r(MNnI ' _ /I I
Address: O'~ ~'~I" ~ I I~I.P ~/P I f ~~U~[Q~'~ ~ I ~ Zip: $~~0~'°L
Primary contact~isn l~Ai"pplicant Owner J~.Agent ^ Other
Contact name: 1 t 1.1 [~'' LQ~, ~~
E-mail: YVI~~ ~ YVIGq GIB h5-I' . L~~i'Yh
Phone: ~~ " ~~ " ~~
Fax: a08-338- 88~c1
Subject Property Informati/o~n /~ l ~{ / y~ ~j
T.nratinn/street address: ~I lC/D i ~~ ~~, ~~ ~T V`~~ ~~' K ~~ ' "~" ' Vvd`""' ` I I D ~"~~
Assessor's parcel number(s): K,1 K'`1c50001 ~ ~ J I o
Township, range section: S W 1~9' l1'~ ~ ~ E ~`l ~
sec~eK 1 t, -r~rc, ~-1 w
Current land use: -'~'~,(,{,(~7f(,~,f`YLt Ct,
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Total acreage:
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Current zoning district: 1~.- - ~~
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org
I (Rev.9/21/06)
Projectlsubdivision name: PI ~ ~~~ IL G~~S 6 ~2 ~ltf2 Q 5 ~~ SU,~dr ~ SI ~i12
General description of proposed projectlrequest: ~ilgl'1~~~/I1. (,ll!1-i ~/ T~~'t-~'l/}-VLSC cSf,L.~~ V151~ E1'i
C,ihSis~i -~ o-F SiXTVi - PI,~C P~r,,c.~~(.d,i'y~a,
Proposed zoning district(s): _
Acres of each zone proposed:
Type of use proposed (check all that apply):
,~ Residential ^ Commercial ^ Office ^ Industrial ^ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation syst-eym~ in this development? ! .,~,
Which irrigation district does this property lie within? I t ~.~Q.. ~ y~ r~di{2 fl ~ ~G~ ,~~Z
Primary irrigation source:
Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units: ~ 8 Number of building lots: r'
Number of common and/or other lots:
Proposed number of dwelling units (for multi-family developments only):
I Bedroom:
2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage): ~ ~JaS Proposed building height:
Minimum property size (s.f): ~''~~ . Average property size (s.f.): ~ q
Gross density (DU/acre-total land): ~° ~~ ~ IQCY-G Net density (DU/acre-excluding roads & alleys): ~ ~ ~ 7
Percentage of open space provided: ~ D ~ ~ 0 °/a Acreage of open space:
Percentage of useable open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ^single-family ~ Townhomes ^ Duplexes t~ Multi-family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed:
Existing (if applicable):
IS
Hours of operation (days and hours): Building height:
Percentage of site/project devoted to the following:
Landscaping: Building:
Total number of employees:
Paving:
Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Total number of parking spaces provided:
Authorization
Print applicant name: ~ ~ chq e
Seating capacity:
Number of compact spaces provided:
(O r~~
660 E. Watertow ,Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 F i ile: (208) 888-6854 Website: www.meridiancity.org
2
MCA
Construction, Inc.
City of Meridian
Planning and Zoning Dept.
660 E.Watertower Ln. Ste 150
Meridian, Idaho 83642- 2300
Subject: Arnke Subdivision, Phasing and Building Plan
The project has been approved under a conditional use permit for an 18 unit townhouse
development. The project consists of (6) tri-plex buildings.
The project will be constructed in 6 phases. Each building will consist of one tri-plea
Otherwise one phase.
Phase One consisted of lots 9-11 Block One, Phase Two will consist of lots- 6-8 Block
one.
Each building will be constructed in accordance with the conditions of approval and
similar to the approved design elevations.
The landscaping may deviate according to site conditions and building design. However
our intent is to follow the plans as close as possible and utilizing the same or similar plant
material and plant count as specified.
Thank You,
if'
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Michael Arnke
Manager of 2070 LLC
MCA Construction Inc.
1301 N. Forestdale Place • Eagle, Idaho 83616
Phone 208.938.8848 Fax 208.938.8849
www mcaconst.com
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Meridian Piannin~
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SINCE
'"` "`r~~~~'kt v.~r>~ CHANGE OF STREET NAlO~IE DESIGNATION NOTICE
1993
MAYOR
Tammy de Weerd
December 29, 2006
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles IvI. Rountree
TO: Ada COUnty Assessor's Office
Idaho Power
Shaun Wardle Meridian City Billing Services Intermountain Gas
Meridian Fire Department Qwest Communications
CITY DEPARTMENTS Meridian Police Department United States Postal Services
Ada County Dispatch (911) Ada County Elections
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
The City of Meridian is changing the street
name W. PINE STREET to W. PINE ~'
898-5503 (HR) AVENUE which conforms to current Ada County street naming guidelines.
Fax 884-8723
Understanding that your various contacts will need to be notified in order to avoid
Fire mail delivery problems, we have scheduled this change to be effective approximately
540 E. Franklin Road
888-1234 /fax 895-0390
thirty days from the date of this letter.
~~
Parks & Recreation
11 W. Bower Street SUBDIVISION: ARNKE SUBDIVISION
888-3579 /fax 898-5501 New addresses become official: January 29, 2007
Planning ,
660 E. Watertower Lane
Suite 202
884-5533 /fax 888-6854
Address to be changed: New
address assigned:
Police 2142 W. PINE STREET 2142 W. PINE AVENUE
1401 E. Watertower Lane PIlVE STREET 2144
2144 W W. PINE AVENUE
888-6678/fax 846-7366 .
2146 W. PINE STREET 2146
W. PINE AVENUE
Public Works 2164 W. PINE STREET 2164 W. PINE AVENUE
660 E. Watertower Lane 2162 W. PINE STREET 2162 W. PINE AVENUE
Suite-200 PINE STREET 2160
2160 W W. PINE AVENUE
898-5500 /fax 898-9551 - .
2124 W. PINE STREET 2124. W. PINE AVENUE
- Building 2122 W. PINE STREET 2122 W. PINE AVENUE
660 E. Watertower Lane 2120 W. PINE STREET 2120_ W. PINE AVENUE
Suite 150
887-2211 /fax 887-1297 2064 W. PINE STREET 2064 W. PINE AVENUE
2062 W. PIlVE STREET 2062 W. PINE AVENUE
- Wastewater PINE STREET 2060
2060 W W. PINE AVENUE
3401 N. Ten Mile Road
888-2191 /fax 884-0744 .
2042 W. PINE STREET 2042
W. PINE AVENUE
2044 W. PINE STREET 2044 W. PINE AVENUE
- Water 2046 W. PINE STREET 2046 W. PINE AVENUE
2235 N.W. 8th Street
888-5242 /fax 884-1159 2082 W PINE STREET 2082 W. PINE AVENUE
2084 W. PINE STREET 2084 W. PINE AVENUE
2086 W. PINE STREET 2086 W. PINE AVENUE
Issued by: Trivia Shindle City of Meridian Public Works Dept
898-5500 Ext 209
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 830742 (208) 888-4433
CITY CLERIC -FAX 888-4218 FINANCE & UTIL[TY BILL[NG -FAX 887-4313 MAYOR'S OFFICE -FAX 851-8119
Printed on recycled paper
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PLAT OF eooK~_PACE 1840
ARNKE SUBDIVISION
LOCATED IN THE SW i/4 OF THE NE i/4 OF SECTION i 1, T.3N., R.1 W„
B,M., MERIDIAN, ADA COUNTY, IDAHO ~
doi6orn. Waite consulting, TIC 2 TQ SET 5/8' 4 JO' IRON PIN
BOISE, IDAHO C N E R R Y L N. II 12 W1Tx Pusnc cAP, PLS 1889
ZOO6 CPAE N0. 9206854 " SET I/2' a 24• IRCN PIN
UNPLATTED
2817' 37.72' N 79' (N 7T39•
70.87' 330 ~4~z9" w W 95.1)
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19 g7~ 94.55.
?6,68' '
N
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i 89'08'28'
~ 0.46'
3
11 a
CI 0 n
N
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N
5 89'08'28' E
(N 89'70 W)
89'39'18' W
- 4y7-.-2.9'~-
71.17' 11.11 B1
(N 89'30'
SB
FWND 1/2' IRON PIN
WTN NO CAP, PLACE[
PLS 1999 PLASTIC 4
CAP I
wiH PUSRC CAP, PL9 1999
O FWND tf1' IRON PIN
® FWND 5/8' IApJ PM
® FWND ALUI9NUN CAP MONUMENT
B FdJND BRASS CAP MONUMENT
I e FWND PK NAIL
RPOB REAL POINT OF BEGINNING
O LOT NUMBER
- - - SEC11W DNE
- - - - - - - pAOPERTY BWNDAAY UNE .
9'79'16' E 185.00 _ LOT UNE
w
(N 88'28'18" W) RECORD DATA
PL6 7612
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1) 711E OWNER OF FACH LOT, ACROSS W19CH PASSES AN
IAAIGATON/ORAINACE diCH OR PIPE, 19 RESPON9BlE FOR THE
n I MAWIENANCE THEREOF, UXIF55 SUCH REWONSIBIDN XAS BEEN
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LOCATED IN THE SW 1/4 OR THE NE 1/4 OF SECTION i 1, 3N, R.1W, 1
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t,~5ur+r since
1903
-MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234/fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202.
884-5533/fax 888-6844
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 895-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 /fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 /fax 884-1159
February 27, 2006
Mike Arnke
1301 North Forestdale Place
Eagle, ID 83616
Re: FP 06-002 Order of Approval for Final Plat for Arnke
Subdivision
Dear Mr. Arnke,
Enclosed you will find a copy of the above mentioned document as
regards to your project pending with the- City of Meridian.
Please feel free to contact our office with any questions at 208-888-4433.
Sincerely,
Tara Green
Deputy City Clerk
enc.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4873 MAYOR'S OFFICE -FAX 884-8179
Printed nn recycled paper
BEFORE THE MERIDIAN CITY COUNCIL
C/C February 14, 2006
IN THE MATTER OF THE )
APPLICATION OF MIKE ARNKE )
FOR FINAL PLAT APPROVAL OF )
18 RESIDENTIAL TOWNHOUSE )
BUILDING LOTS AND 4 COMMON )
I OTHER LOTS ON 2.06 ACRES IN )
AN R-44 LOCATED AT 2070 WEST )
PINE AVENUE IN THE SW 1/ OF )
THE NE % OF T. 3N., R. 1 W., )
SECTION 11 )
CASE NO. FP-06-002
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Unified Development Code 11-6B-3 on February 14, 2006, and the Council finding that the
Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and
Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: February 14, 2006, to the Mayor and Council, and the Council
having considered the requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING ARNKE SUBDIVISION LOCATED IN THE
SW % OF THE NE % OF T. 3N., R. 1W., SECTION 11, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 11/17/05,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ARNKE SUBDIVISION / (FP-06-002)
Page 1 of 3
SHEET 1 OF 3, CLAIBORN WAITE CONSULTING, LLC", MIKE ARNKE,
Developer, is Conditionally Approved subject to those conditions of Staffcomments
as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters,
Assistant City Planner .for the Planning and Zoning Department and Michael Cole,
Development Services Coordinator for the Public Works Department, dated: Hearing .
Date: February 14, 2006, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL
PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is
attached hereto marked Exhibit "A", and consisting of 5 pages, and by taus reference
incorporated herein and the response letter from Michael Arnke, a true and correct
copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by
this reference incorporated herein.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
be signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ARNKE SUBDIVISION / (FP-06-002)
Page 2 of 3
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 tune period within which a Petition for Judicial
Review maybe filed.
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 this decision may, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the ~ ~~ da
Y
of ~~ ~ , 2006.
E,~'t`+arrrttr~By' T
~~ ~~„ ~ ~,
~ " ~ ~'''~ y d eerd
,4~1 it .,~~~ ,+rd
~~ '~~ ~ ,:~ g ~- ~a~,, "Mayo y of Meridian
Attest: ;, '.~';'.~~';~:; ~~ ~~3,r ~,
vti 'i
T "'~ i ..,..n.
~'
William G. Berg, Jr., Ci y Cl rk ~ o -~~;~-. ,~.~ `";,~`~~ .;'
Copy served upon Applicant, the Plani'i~ '' kN'4
~~~~~Xn~~~epartment, Public Works Department, and
City Attorney.
By~ ~ Dated: o0-oZ1'd LD
iry Clerk's Office
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ARNKE SUBDIVISION / (FP-06-002)
Page 3 of 3
CITY OF MERIDIAN PLE. ,SING AND PUBLIC WORKS DEPAR ENTS STAFF REPORT
STAFF REPORT:
TO:
FROM:
SUBJECT:
Hearing Date: February 14, 2006
Transmittal Date: February 10, 2006
Mayor & City Council
~ }
i ~~. any
f Ic4' it 14
•:i ,~
~ 1i ~,it6d?
' ~~
•'.y ~ , ~.
f'
9H;
Sonya Wafters, Assistant City Planner
Michael Cole, Development Services Coordinator ~ C
Arnke Subdivision
Request for Final Plat Approval of Arnke Subdivision Consisting of 18
Residential Townhouse Building Lots and 4 Common/other Lots on 2.06 Acres
in an R-40 Zone by Mike Arnke. (File# FP-06-002)
We have reviewed this
These conditions shall
Meridian City Council:
submittal and offer the following comments and conditions of the applicant:
~e considered in full, unless expressly modified or deleted by motion of the
APPLICATION SUMMARY & LOCATION
The applicant, Mike Arnke, has applied for mal plat approval of Arnke Subdivision which consists of,; ;/~~
residential townhouse building lots and moron/other lots .on 2.06 acres in an R-40 zone. The oss
density for this subdivision is 7.67 dwelling units per acre. The net density 's l0 7 dwelling units per
acre. '
This property has not been previously platted. This property is located in a portion of the southwest'/4 of
the northeast 1/a of Section 1 1, T.3N., R.l W. The site is located on the north side of W. Pine Avenue, just
west of Meridian High School.
The final plat submitted for this subdivision substantially complies with the approved preliminary plat.
Staff recommends approval of Arnke Subdivision with the comments and conditions stated in this report.
SITE SPECIFIC REQUIREMENTS
1. Applicant is to meet all terms of the approved annexation (AZ-OS-029), development agreement
(Inst. No. 105191337), conditional use permit (CUP-OS-037) and preliminary plat (PP-OS-028).
2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant has indicated that they will be using an on-site. well as the main
source, therefore no connection to the City Water system will be allowed. If in the future the well
is not adequate to supply the pressurized irrigation system the applicant shall be required to use
non-potable water as the main source.
3. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7.
Perimeter fencing to contain debris shall be installed at the subdivision boundary prior to release
of building permits.
4. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
Exhibit "A"
FP-06-002 Arnke Sub FP.doc PAGE 1
CITY OF MERIDIAN PL._~1NING AND PUBLIC WORKS DEPA.^,v1ENTS STAFF REPORT
3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-
11. 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: If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the' developer to comply with ACRD, City of Meridian and all other regulatory requirements at
the time of final construction
5. The applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irnigation.
6. The applicant shall install sewer mains to and through this development, including running sewer
to the western boundary of this property. The applicant shall coordinate main size and routing
with the Public Works Department. Cover over sanitary sewer mains shall be no less than three
feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to
the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's
Standard Specifications.
7. Provide an easement using Meridian's standard form of easement for the proposed off-site sewer
prior to signature on the fmal plat.
8. The applicant will be responsible to construct water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard forms of easements, for any
mains that are required to provide service.
9. Revise the situate statement to read ":.. the SW'/, e~ of the NE'/a of ..."
10. Revise the year of platting to 2006.
11. Label the Block number on the face of the plat.
12. The applicant shall extend the service drive to the eastern property line and provide a secondary
emergency access which connects with the driveway on the LDS property to the east. The access
shall meet all Meridian Fire Department standards and shall be closed with bollards and a chain
with a Knoxbox per the Meridian-Fire Department.
13. Remove all existing buildings that do not meet setbacks or the zoning ordinance prior to signature
qn the final plat by the City Engineer.
14. The applicant withdrew their request to install a security gate at the entrance to the service drive
from E. Pine Avenue, and a gate will not be allowed.
15. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street
names and lot & block numbering. Make all corrections necessary to comply.
Exhibit "A"
FP-06-002 Arnke Sub FP.doc
PAGE 2
CITY OF MERIDIAN PL.~.YNING AND PUBLIC WORKS DEPAR BENTS STAFF REPORT
16. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and
all townhouses within this subdivision. NOTE: A CZC application may include multiple/all
townhouses within the development.
17. The landscape plan, prepared by The Land Group and dated 12/23/05, shall be revised as follows:
a.. A 6-foot tall vinyl fence shall-be constructed on the exterior perimeter of the property per
preliminary plat site specific requirement #1.1.14.
b. Relocate the fencing shown in the street buffer along. Pine Avenue to be on the interior
edge of the street buffer per UDC 11-3B-7C.2.c.
c. Show contours for the stormwater Swale located in Lot 5. Sod may not be used in the
bottom of the drainage areas; replace with seed on the plan. Stormwater swales must
comply with UDC 11-3B-11.
d. The Rutledge Lateral does not run along the northern boundary of this property; revise
the name of the waterway.
Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on
the fanal plat by the City Engineer.
18. Revise or add the following note(s) on the face of the plat dated 11/17/05, prepared by Claiborn-
Waite Consulting, LLC, prior to signature on the final plat by the City Engineer:
5.) "...in compliance with Title 11 ~~a~ of the Meridian City Code."
7:). Include the lot and block. numbers. of the. common lots. Also address .the ownership of
these lots.
8.) Revise to `read, ".:.has a blanket Citv of Meridian sanitary sewer and water,
ingress/egress..." Also state that the ingress/egress easement is for the benefit of all lots
within this subdivision.
*.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12-inches
above the hiehest established normal ground water elevation "
*.) Add note regarding the Right to Farm Act.
*.) Add note: "This plat is subiect to a development agreement recorded as instrument
number 105191337 of Ada County Records "
19. Complete the Certificate of Owners and accompanying acknowledgement.
20. Staff's failure to cite specific .ordinance provisions or terms of the approved annexation,
conditional use permit, or preliminary plat does not relieve the applicant of responsibility. for
compliance.
GENERAL REQUIREMENTS
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or.
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6..
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. If lateral users association approval can't be obtained, alternative plans will be
reviewed and approved by the meridian City Engineer prior to final plat signature.
2. Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base shall be approved by the Ada County Highway District, and
the Final Plat for this subdivision shall be recorded, prior to applying for building permits.
Exhibit "A"
FP-06-002 Arnke Sub FP.doc PAGE 3
CITY OF MERIDIAN PLr.,JNING AND PUBLIC WORKS DEPAI, _~IENTS STAFF REPORT
3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted
fencing; landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
5. A written certificate of completion shall be prepared by the landscape architect, landscape
designer or qualified .nurseryman responsible for the landscape plan upon completion of the
landscape installation. The Certificate of Completion shall. verify that all landscape
improvements, including plant materials and sprinkler installation, are in substantial compliance
with the approved landscape plan.
6. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
9. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Arm} Corps of Engineers.
10: Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency..
11. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act. ,
12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be removed.
13. Approval of the preliminary plat shall become null and void. if. the applicant fails to record the
final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the
event that the development of the preliminary plat is made in successive phases in an orderly and
reasonable manner, and conforms substantially to the approved preliminary plat, such segments,
if submitted within successive intervals of eighteen months, may be considered for final approval
without resubmission for preliminary plat approval per UDC 11-6B-7B.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Arnke Subdivision (FP-06-002) with the above stated
comments and conditions.
Exhibit "A"
FP-06-002 Arnke Sub FP.doc PAGE 4
, f
Page l of l
Mike Cole
From: Michael Arnke [mike@mcaconsf.com]
Sent: Tuesday, February 14, 2006 3:32 PM
To: Mike Cole
Cc: Sonya Wafters; mattm@munger-eng.com
Subject: Arnke Subdivision p .
. ' ~
City of Meridian f~E~ ' ~~
Planning and Zoning 4 ~~)~~
Subject: Arnke Subdivision 'c~i.%~?T.'~~ r, r5)->SS
Please accept this email as our acceptance to the Annexation, Conditions of Approval, Conditional Use Permit for
the aforementioned subdivision locate within the City of Meridian.
Michael C. Arnke
2070 LLC
Owner
Exhibit "13"
2/14/2006
~-tea ~
~~. ~~~ .
.. CITY OF ` ~b;t~t;. .
., , ~ ~~
~~~G~I~~I ~ .~ ,a
tl 1DA]-lo ,~i
CERTIFICATE 4F ZONING COMPLIANCE*
Date: September 1 2006 --
Project Name/Number: Arnke Tri-plez~es - CZC-06-155
Owner: Michael Arnke
Site Address: 2042-2164 W Pine Street (Arnke Subdivision)
Proposed Use: Eighteen Unit Townhouse Subdivision Consisting of Six Tri-plea Buildings
Zoning: R-40 (I3igh Density Residential Districtl_ ~=
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of approval
of the conditional use permit.{CUP=05-037), preliminary plat (PP-OS-028) and final plat (FP-06-002) approved
for this subdivision. The issuance of this permit does not release the applicant from any previous requirements of
the other permits issued for this site.
SitelLandscape Plan: The Site/Landscape Plan prepared by The Land Group, on December 23; 2005, labeled
Ll.l, is approved {stamped "Approved" on September 1, 2006 by the Meridian Planning Department). The
appro~!ed landscape plan is not to be altered~without prior written approval of the Planning Department.
Plat: The plat of Arnke Subdivision, dated 2006, showing building footprints and setbacks is approved (stamped
" Approved" on September 1, 2006 by the Meridian Planning Department) as shown on the submitted plan.
Elevations: The elevations for the townhouse units are approved as shown on the plans stamped "Approved" on
September 1, 2006. The townhouse units shall. be constructed as shown on the approved elevations.
ation: An Lwderground, pressurized irrigation system must be installed to all landscape areas per the
approved specifications and in accordance with UDC 11-3A-15.
Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance withthe
Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-38-10, coordinate with the Parks
Department Arborist (Elroy Huff 888-3579) for approval ofprotection/relocationmeasures forthe existingtrees
prior to construction, Any severely damaged tree must be replaced in compliance with UDC 11-3B-10-C.5,
Parking:, The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project
engineer/architect shall certify that the number and size ofhandicap-accessible spaces confomLS to the Americans
with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance with ADA standards.
Cam: Per UDC 11-3B-5I, all landscape areas adjacent to driveways, parking lots, or othervehicle use areas,
must be protected by curbing, wheel stops, or other approved protective devices.. Curbingmaybe cut to allow for
storm water runoff.
Sidewallcs: All sidewalks shall be constructed in accordance with I 1-3A-17. Sidewalks shall be constructedprior
to occupancy.
'..ma e: Storm water drainage ~swales shall not have a slope steeper than 3: 1, shall be fully vegetated, and shall
be designed in compliance with UDC 11-3B-11~ and UDC 11-3A-18.
Fencin :Any required. or proposed fencing shall be installed with current fencing standards as defined in UDC
11-3A-7.
Li tin.: Lighting shall-not cause glare or impact the traveling public or neighboring development and
comply with lighting standards as defined in UDC 11-3A 11.
SiQnage: No signs are approved with this CZC. All business signs will require a separate sign permit in
compliance with UDC 11-3D.
TrashEnclosure: All dumpster(s)must bescreened inaccordance withUDC-l l-3A-12. Trash enclosures must
be built in the location and to the size approved by SSC.
Hanclicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all
federal handicap-accessibility requirements.
ACRD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building pesrnit. If any
changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be
submitted to the City of Meridian Plam~ing staff for approval prior to the issuance of a building permit.
Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of
Occupancy. A written certificate'of com-pletion shall be prepared by the Iandscaipe architect, landscape
designer or aualified nurseryman responsible for the landscape elan upon complehan of the landscape
installation. The Certificate of Completion shall verify that all landscape nnprovecnents, including plantrnatenals
and sprinkler installation, are in substantial compliance with the approved landscape plan. A Temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form of a Lettex of Credit or cash
in the amount of 110% of the cost of the remaining improvements. A bid must accompany airy request for
Temporary Occupancy.
Plan Modifications: The Site, Plan and Landscape Plan are approved as submitted (stamped "Approved on
September 1, 2006), and are not to be altered without prior written approval of the Planning Department. No
significant field changes to the site or landscape plans are permitted; prior written approval of all changes is
required.
Sonya Wafters
Associate City Planner
*This letter does not indicate compliance with requirements of other deparhnents/agencies, including, but not limited to,
Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of
issuance if wank has not begun.
z
~. THIS LINE IS ACCEPTED / ~
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A$SUMF-Ll BY AN IRRIGATION/DR.'..NkS~t JUKIJUIIiiiun
2) ALL Ll.. LINES COMMON TO A PUBLIC RIGHT-OF-WF
(SERVICE ROAD) HAVE A 10' UTILITY EASEMENT.
3) IRRIGATION WATER HAS BEEN PROVIDED FROM NAMP
IRRIGATION DISTRICT IN COMPLIANCE WITH IDAHO CO
31-3805(b). -LOTS WITHIN THE SUBDIVISION WILL BE
RROMANAM AAdc MERI DHAN~ IRR GATION BDISTRICTATED
4) RECENTLY APPROVED SUBDIVIS ON STA DARDSPOF T
MERI.DtAN.
5) SHALLINBES COMPLIANCE WITH STITLELII OF DTHE CI'
UNIFlED DEVELOPMENT CODE.
6) OTHER THAN THE PUBLIC STREET. ACCESS APPROVE
LOT ACCESS TO W. PINE AVENUE IS PROHIBITED.
7) OWNED ~ AND MA NTAINED BY 1THE ARNKE SUBDIVISIO
ASSOCIATION.
8) LOT 5, BLOCK 1 HAS A BLANKET CITY OF MERIDIAt`
AND WATER. INGRESS/EGRESS DRAINAGE AND PUBI
EASEMENT.
9) LOT' 16`° BLOCK 1 HAS A BLANKET PUBLIC UTILITIES
10) BOTTOM. ;ELEVATION ,OF STRUCTURAL FOOTINGS 5HA!
GRO NQ WATER IELEVATION~~ THE HIGHEST ESTAB
11) THIS SUBDIVISION RECOGNIZES SECTION 22-4503 0
RIGHT ,TO FARM .ACT. WHICH STATES: "NO AGRICUL'
OR APPURTENANCE TO IT SHALL BE OR BECOME A
OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR P.
SURROUNDING NONAGRICULTURAL ACTIVITIES AFTER
BEEN IN OPERATION FOR MORE THAN ONE (1) YEA(
OPERATION..WAS ,NOT A NUISANCE AT THE TIME TH
.....n.enCn -ruAT '1~IF PROVISIONS~~OF~ THIS- SECTION
_ ~
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .OD 44
BOISE•IDAH012115105 02:25 PM ff II
DEPUTY Vicki Ailen ~~I I~~~~~~~~~~~~~0~~~~~~1~~~~~~~! ~ ~~0
RECORDED-REQUEST OF 1~5191.~,~?
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridzan
2. 2070, LLC, Owners
3. MCA Construction, Inc., Developer
THIS DEVELOP NT AGREEMENT (this "Agreement"), is made and
entered into this_~ day of ZOOS, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and 2070, LLC,
hereinafter called "OWNERS" and MCA Construction, .Inc., hereinafter called
"DEVELOPER".
1. RECITALS:
1.1 "WHEREAS, "OWNERS" 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, Y.C. § 67-651 IA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners" and/or "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 11-15-12 and 11-1d-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and/or "Developer" has submitted an
application for annexation and zoning of the "Property's" descxibed
in Exhibit A, and has requested adesignation of (R-40}High Density
Residential District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject ".Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIViS]ON
PAGE l OF 11
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 20`h day of September, 2005, 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 xeferred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owners" and/or "Developer"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best
-- interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.1.0 WHEREAS, "City" requires the "Owners" and/or "Developer" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified. in Meridian City Code Title 11 and Title 12.
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.
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 2 OF 11
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:
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": means and refers to 2070, LLC, whose address is
1301 N. Forestdale Place, Eagle, Idaho 83616, the parties who own
the said "Property" and shall include any subsequent owner(s) of the
"Property"
3.3 "DEVELOPER": means and refers to MCA ,Construction, Inc.,
whose address is 1301 N. Forestdale Place, Eagle, Idaho 83616, the
_ party developing said "Property" and shall include any subsequent
developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A" describing the parcels to be annexed and
zoned R-40 (High Density Residential) 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 City
Code Section 11-7-2 which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the R-40 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ OS-028 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 3 OF I 1
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated May 23,2005,
and shall be required to obtain the "City"' approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That the applicant will be responsible for all costs associated with the
sewer and water service extension. Any existing domestic wells and/or
septic systems within this project will have to be removed from their
domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. That all future development of the subj ect property shall be constructed in
accordance ,with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses; activities, processes,
materials, equipment and conditions of operation that will be detrimental
to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke; fumes, glare or odors.
3. The applicant has submitted elevation drawings for the proposed dwelling
units included with the CUP. Staff believes that the dwelling units will
be compatible, with the adjoining uses, if the buildings are constructed as
shown on the submitted elevations. Construction within Arnke
Subdivision should substantially comply with the elevations submitted by
the applicant. Construction materials used on the structures should be
approved by the City of Meridian Building Department and in accordance
with the most recent Uniform Building Code.
7. 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" and/or "Developer" or "Owners" and/or "Developers" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 4 OF 11
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.
CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owners" and/or "Developer" and if the "Owners"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
9, INSPECTION: "Owners" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Owners" and/or "Developer", "Owners" and/or
"Developer's" heirs, successors; assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owners" and/or "Developer"
of any one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION:. "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 5 OF 11
"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or
"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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein:
13. REMEDIES: This Agreement shall be enforceable in any court of competent
« ,~ ,~
jurisdiction by either City or Owners and/or 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.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners" and/or "Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owners" and/or "Developer" or "City" is
delayed for causes which are. beyond the reasonable control of the
party responsible for such performance; which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14.. 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 § 12-5-3, to insure that installation of the improvements;
which the "Owners" and/or "Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION
PAGE 6 OF 11
15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, ,completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian..
17. 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
OWNERS:
2070, LLC
1301 N. Forestdale Place.
Eagle, Idaho 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPER:
MCA Construction, Inc.
1301 N. Forestdale Place
Eagle, Idaho 83616
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 7 OF 11
17.1 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.
18. 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.
19: 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.
20. 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 "Owners" and/or "Developer" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owners" and/or "Developer" has fully
performed its obligations under this Agreement.
21. 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.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"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
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 8 OF 11
"Owners" and/or "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".
22.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23, 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:
DEVELOPER:.
MCA Construction,
chael
OWNERS:
2070, LLC
By:
DEVELOPMENT AGREE1vIENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 9 OF 11
CITY OF MERIDIAN
BY:
MAYOR TAMMY de WEERD
Attest:
CITY CLERK
STATE OF IDAHO,
. ss:
County of Ada, )
On this lS day of ~/' , 2005, before me, the undersigned,
a Notary Public in and for said State, personally appeared Michael Arnke, on behalf of 2070,
LLC, known or identified to me to be the .9 ,` C of said corporation; who
executed the instrument on behalf of said coi oration, and acknowledged to me that he
executed the same:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the~year in this certificate first above written.
aLANGSTQ
~~'°'~~c~Ry'.~
~: z~
(SEAL) ~~~ -
pUB~,~U Nota Pu o aho
.•~~° Residing at: W~c~S ~40 3,a~k
••sTATE OF ~~
DEVELOPMENT ENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 10 OF 11
My Commission Expires: osl~ ~`~~z
STATE OF IDAHO, )
ss:
County of Ada, )
On this /S day of Y 2005, before me, the undersigned,
a Notary Public in and for said State, personally appeared Michael , orbbehalf of MCA
Construction, Inc., known or identified to me to be the ~ ~ C~ ~'~ of said
corporation, who executed the instrument on behalf of said corporation, 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 year in this certificate first above written.
~..,;.....;;,J~~
(SEAL) ~~Q~~Tq/~Y
-~-
~. AvB 1.~G
STATE OF IDAHO )
County of Ada )
ss
Not P is for aho
Residing at: ~/FUS ~o a~vK-
My Commission Expires: ox[oy /zo+2
On this day of , 2005, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION
PAGE 11 OF 11-1~-
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QCTESTIONS? CALL (208) 884-5533
C. Legal Description
claiborn ~ uuc~ite consulting Ilc
engfneers 8~ surveyors
1461 S. Teare Avenuo
Meridian, Idaho 83642
(208)288-2693
Fax (208)R84-8002
P.N. 2234
ANNEXATION & REZONE DESCRIPTION FOR
PROPOSED ARNKE SIJBDMSION
May 4, 2005
A parcel of Iand located in the Northeast 1/4 of Section l 1, T.3N., R.1 W., B.M.,
Meridian, Ada County, Idaho, and being mora partialarly doscn'bed es follows:
Commencing at the East 1/4 corner of said Section 1 I, from which the Center 1 /4 corner
bears N 89°10'36" W, 2655.10 feet;
thence N 89°10'36" W along the South boundary of said Northeast 1/4, also being the
~ caakrGae of W. Pine Avenue for a distance of 1431.35 tiet to the REAL P011~IT OF
I BEGINNITIG;
therioe leaving said South boundary N 00°29'24" E for a distanca of 264.17 foal
(formerly described as N 00°02' E, 263.6 feet);
~ thcoce N 89°38'Z7" W for a distarroe of 46.97 fiat;
thence N 76°41'50" W for a distance of 94.49 feet (formerly described as N 77°39' 'W,
95,1 Feet);
thence N 83°29'OT' W for a distance of218.62 feet (formerly described as N 84°33' W,
218.4 fact);
thence S 00°51'32" W for a distance of 305.88 feet (fontterly described as S 00°02' W,
304.6 feet).to a point on the South boundary of said Northeast 1/4, alsw being the
centerline of W. Pine Avenue;
thence S 89° 10'36" E for a diataoco of 358.50 feet to the POINT OF $EGWNING;
containing 2.34 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S.
1~5pud11pagjactislArnke (2234)W~~mentslARNIQrAnnexd~sc.doc-1
REV W APPR9YA ~~
EY
1•i1,~ .. .: I.~
MERIL'IAN PUBLIC
W!1FK5 DEPT.
C-1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 2.06 acres from RUT (Ada County) to R-40
(High Density Residential) AND Preliminary Plat Approval of 18 building lots and 3
common lots on 2.06 acres AND Conditional Use Permit Approval for 18 townhouses in a
proposed R-40 zone, for Arnlce Subdivision, by Michael Arnke.
Case No(s): AZ-OS-029, PP-OS-028, CUP-OS-037
For the City Council Hearing Date of: September 20, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the September 20, 2005,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Glerk (for written testimony) and in the official meeting minutes (for
oral testimony}.
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed .with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 1 of 5
a. In addition to tl~e application and property facts noted in fhe staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Dou and Betty Heffel.
4. Required Findings per Zoning and Subdivision Ordinance
a. See the staff report attached as Exhibit A for the findings required for these
applications.
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 (LC. §67-
6503).
2. Tl~e Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian 11as, 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$2 and Maps:
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
- § 11-17-9.
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 and' Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary
Plat dated May 3, 2005 as shown in Exhibit A, the Site Plan dated May 4, 2005 as
shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A, and the
CUP/PD Site Specific and Standard Conditions as shown in Exhibit A. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition ofapproval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANA DCCIS[ON & ORDER
CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 2 of 5
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
.Plat dated May 3, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by leaving submitted the Site Plan dated May
4, 2005 is hereby conditionally approved; acid,
3. The Site Specific and Standard Conditions are as shown in Exhibit. A.
4. The following modifications to the site specific conditions for the Conditional Use
Permit were made at the September 20, 2005 City Council hearing;
i. Add a Condition which states: "The applicant shall construct a 6 foot
solid vinyl fence on the exterior perimeter of the property."
ii. Add a Condition which states: "The approved elevations shall include
.brick on the rear of the buildings."
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). ALr05-029 / PP-OS-028 /CUP-OS-037- PAGE 3 of 5
construction of the public utilities and one year thereafter to complete coiistluction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1, The Applicant is hereby notified that pursuant to Idaho Code G7-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (2$) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will tol! the
time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of tl~e governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property. which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Staff Report
By action of the City Council at its regular meeting held on the ~ {~~` day of
~~~~_, 2005.
COUNCIL MEMBER SHAUN WARDLE VOTED~~-
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER}
Mayor Ta d eerd
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037-PAGE 4 of 5
rr~~ 111111.11III111
Attest: ~'~ ~( ~•,
.~
~` ~
V~ ~ ~~~,
r =
4 Fo
William G. Berg, Jr., Ci Cl rk _ ~~'~~~'
~- ~,
~ ~:
Copy served upon Applicant, The Plaf~~/~~i.~ni~,~Parttnent, Public Works Department
/rrrrrrri nin~~~~~~
and City Attot~tey.
By: Shy ~ ~ll "ti`fl/y Dated: ~~' lj~o5
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1SlON & ORDER
CASE NO(S). A2-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 5 of 5
ADA COUHIY R~tDER J. DAYtQ NAVARR4 AklOUNT 8.00 2
QOtSE IIIIIflO 81106l~ 08:11 AN nn t p rr''
~tltleofboise R~ EQ~REQUESTO~F u~Illl"~'III~II~II'I~~IIIII~~IuI
yh~l>7~ ~,~y 105090362
~~=~~~~ 8F ~' WARRANTY DEED ~
For Value Received DON HEFFEL AND BONNIE HEFFEL, HUSBAND AND WIFE,
the Grantor, hereby grants, bargains, sells, conveys and warrants unto ~ Az
~/~/~/~4~d~~Xi!/ 2070, LIC
the grantee, whose current address is 2tY~Y~ddd~/c'.,lJ~'~d,~ik'Yi$3C><Y.t/'
/,fsalc4-ire .~'~//
the following described premises, to wit: f>~/ifF~Ff~~ ~ ~-''
See "Exhibit A" attached hereto 1031 N. Farcestrlale Pl lragle, Id., 63616
Parcel Number; R1895t10613551211131790
SUBJECT TO: Current General Taxes, a lien in the process of assessments, not yet due
or payable. Easements, restrictions, reservations, provisions of record, and assessments, if any.
~ TO HAVE AND TO ftO1.,D the said premises, with their appurtenances unto the said
Grantee, their heirs and assigns forever. And the said Grantor dpbs hereby covenant to and with
the said Grantee, that it is the owner in fee simple of said premises, that said premises are free
from all encumbrances and that he will warrant and defend the same from all lawful claims
whatsoever.
Dated this 5th day of July, 2005.
` ""` I ~,''~y,,~e-
t
DON HEFFEL BONAiIE HEFFEL
5TATE OF IDAHO )
~•
COUNTY OF ADA }
On this 5th day of July, 2005, before me, the undersigned, a r
personally appeared DON HEFFEL AND BONNIE HEFFEL
me on the basis of satisfactory evidence, to be the persan(s} w
the within instrument and aclrnowledged tome that he/she/the
WITNESS MY HAND AND
No ublic: PAMELA DRAPER
siding at: EAGLE, ID
My commission expires April 16, 2009
rcy Public, in and far said State,
own to me, and/or identified to
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CITY OF
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33 E. Idaho Ave.
~~~_ Meridian, ID 83642
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July 10, 2007
To: MCA Construction Inc. -Michael Arnke
2124 W. Pine Ave
Meridian, ID 83642
Subject: MCZC-07-133
Arnke Townhomes
2160, 2162, 2164 W. Pine
John S. Franden, President
Rebecca W. Arnold, Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
Carol A. McKee, Commissioner
CEIVED
.~UL ~ ~~ ~~Q~
City of Meridian
City Clerk Offioe
In response to your request for comment, the Ada County Highway District (ACRD)
Planning Review staff has reviewed the submitted application and site plan for the item
referenced above. It has been determined that there are no site specific requirements for
you at this time due to the fact that all street improvements exist. This site is within Arnke
Subdivision which has been previously approved and platted.
If the site plan or use should change in the future, ACRD Planning Review will review the
site plan and may require improvements to the transportation system at that time.
Prior- to final approval you will need to submit construction plans to the ACRD
Development Review Department to insure compliance with the conditions identified
above or for traffic impact fee assessment. This is a separate review process that requires
direct plans submittal to the Development Review staff at the Highway District.
A traffic impact fee will need to be assessed by ACRD and will be due prior to the
issuance of a building permit. Contact ACRD Planning & Development Services at
387-6170 for information regarding impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement
must be obtained from ACRD.
If you have any questions, please feel free to contact me at (208) 387-6177.
Sincerely,
~~
Chelsee Kucera
Right-of-Way and Development Services
CC: Project file
City of Meridian
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Development Process Checklist
Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
®Send a "No Review" letter to the applicant stating that there are no site specific requirements at this
time.
^Send a "Comply With" letter to the applicant stating that if the development is within a platted
subdivision or part of a previous development application and that the site specific requirements from the
previous development also apply to this development application.
^Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
^Write a Commission Level report analyzing the impacts of the development on the transportation
system and
evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
^For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the
Development Review Division for plan review and assessment of impact fees. (Note: if there are no
site improvements required by ACHD, then architectural plans may be submitted for purposes of impact
fee calculation.)
The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches, street improvements and utility cuts.
^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
^ Driveway or Property Approaches)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for
approval by Development Services & Traffic Services). There is a one week turnaround for this approval.
^ Working in the ACRD Right-of-Way
Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction -Permits along with:
a) Traffic Control Plan
b) An Erosion 8~ Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50'
or you are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
^ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a
Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by
the ACHD Drainage Division.
^ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con
being scheduled.
^ Final Approval from Development Services
ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-
Con
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us