Shays Cove AZ 08-012ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 -:+1~^
BOISE IDAHO 04!09!09 02:49 PM y~
RECORDED C REQIUEST OF ~~ ~ I I II II I II I II I I II II I I III I I I II I I I III
Meridian City i ~'~~4~C~ i
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. John Shay, Owner/Developer
THISVELOPMENT AGREEMENT (this Agreement), is made and
entered into this day of~~~1~ ~ ~ , 2009, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and John Shay, whose
address is 3155 S. Mesa Way, Meridian, Idaho 83642, hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, hereinafter
referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developermake awritten commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developerbas submitted an application for re-
zoning of the Properly described in Exhibit A, and has requested a
designation of R-4 (Low Density Residential District) (Municipal
Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 1 OF 9
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/DEVELOPERdeerns it to be in his best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at his urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 2 OF 9
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/DEVELOPER: means and refers to John Shay, whose
address is 3155 S. Mesa Way, Meridian, Idaho 83642, the party that
owns and is developing said Property and shall include any
subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain pazcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the pazcels to be re-zoned R-4, (Low Density
Residential District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement aze only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
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:
1. The Owner/Developer shall be responsible for all costs associated with the
sewer and water service extension.
2. Any and all existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance 5-7-
517, when services aze available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Access to Lots 2, 5, 6, 7, 8, and 9 shall only be provided from one public
street access to/from E. Victory Road and direct lot access to Lot 3 shall only
be provided from a driveway access to Mesa Way, as approved by ACRD.
Any other access points to/from the subdivision aze prohibited. Direct lot
access to Victory Road is prohibited.
4. The Owner/Developer shall comply with the tree preservation and mitigation
standards listed in UDC 11-3B-10 for protection of existing trees that aze
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 3 OF 9
proposed to be retained and existing trees 4-inch caliper and greater that are
proposed to be removed.
5. South Koi Place shall be extended as a stud street to the north property
boundary for future extension. The Fire Department requests that a
temporary turnaround be provided until such time as S. Koi Place is extended
to the north.
6. Future structures on the site shall substantially comply with the building
elevations and construction materials (i.e. stucco, rock accents, the roof]
shown in Exhibit A.4 of the Staff Report).
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 Owner/Developer or Owner's/Developer's heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective, and after the City has complied with the notice and hearing procedures as outlined
in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/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 maybe terminated by
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 4 OF 9
the City upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not baz any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 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/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 reasonably necessary to
complete the curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which aze beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 5 OF 9
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreesthat no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developersgree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
John Shay
3155 S. Mesa Way
Meridian, ID 83642
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 6 OF 9
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request ofOwner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings. between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developerahd 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 -SHAYS COVE (AZ 08-012) PAGE 7 OF 9
21.1 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
J SHAY
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CITY OF MERIDIAN
By:
Mayor Tam Weerd
~•
Jaycee L. Holman, City Clerk
DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 8 OF 9
STATE OF IDAHO, )
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County of Ada, )
On this ~_ day of ~ l 2009, before me, the
undersigned, a Notary Public in and for said State, personally appeazed John Shay, 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.
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STATE OF IDAHO )
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County of Ada
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On this ~ day of A ~~ , 2009, before me, a Notary
Public, personally appeazed Tammy de Weerd and Jaycee L. Holman, know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT -SHAYS COVE (AZ 08-012) PAGE 9 OF 9
T
-~. '~ 332 N. Broadmore Way
~' LNG!>ti'ENG & PlA1vNING I1vC Nampa, ID 83687
Ph: (208) 442-6300 • Fax: (208) 466-0944
Project: C08043
Date: June 10, 2008
Page: 1 of 2
Exhibit "A"
(Annexation description)
~- - ,~ ~ ,
This parcel is a portion of Lot 1 and Lot 2 of Block 2 of ICACHINA ESTATES on file in book
35, page 36 in the Office of the Recorder, Ada County, situated in the SW1I4 of the SEl/4 of
Section 19, Township 3 North, Range 1 East of the Boise Meridian, Ada County Idaho and is
more particularly described as follows:
COMMENCING at the southwest corner of said SWI/4 of the SEl/4, said point being a brass
cap monument referenced in C.P.&F. Instrument No. 8023391 on file in the Office of the
Recorder, Ada County; thence along the south boundary of said SWl/4 of the SE1/4,
A) N.89°42'05"E., 535.81 feet (of record 535.78 feet) to the southwest comer of said
KACHINA ESTATES, said point being the POINT OF BEGINNING; thence along
the westerly boundary of said ICACHINA ESTATES,
B) N.12°24'22"W., 33.75 feet to the southwest corner of said Lot 1; thence along the
westerly boundary of said Lot 1,
1) N.12°24'22"W., 136.33 feet (of record 136.34 feet) to the westerly angle point of
said Lot 1; thence continuing along the west boundary of said Lot 1,
2) N.00°19'50"E., 360.74 feet (ofrecord 363.00 feet) to the proportional northwest
corner of said Lot 1; thence along the northerly boundary of said Lot 1,
3) 5.63°58'02"E., 260.36 feet; thence,
4) S.00°17'41"E., 75.50 feet; thence,
5) N.89°54'26"E., 153.67 feet to a point on the boundary common to said Lots 1 and
2; thence continuing,
L:lC080431SurveytLegal DescriptionsOExhibit A, Annexation desc.d~
Project: C08043
Date: June 10, 2008
Page: 2 of 2
6} N.89°54'26"E., 152.66 feet to a point on the east boundary of said Lot 2; thence
continuing,
7) N.89°S4'26"E., 25A0 feet to a point on the centerline of Mesa Way; thence along
said centerline,
8} S.00°17'41 "E., 334.84 feet to a point on the south boundary of said S W 1 /4 of the
SEl/4; thence along said south boundary,
9) 5.89°42'05"W., 532.93 feet to the POINT OF BEGINNING
CONTAINING 5.03 acres, more or less.
SUBJECT TO all Easements, Rights, Rights-of-way and all other Encumbrances of record or
implied.
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~'~'~ °F ~~~ ~~E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS _ . ~ ~
OF LAW AND
DECISION 8c ORDER
In the Matter of Annexation and Zoning of 5.03 Acres of Land from the RUT Zoning
District in Ada County to the R-4 Zoning District; and Preliminary Plat for 7 Single-
Family Residential Building Lots and 3 Common Lots on 4.45 Acres in a Proposed R-4
Zoning District, by Landmark Engineering & Planning, Inc.
Case No(s). AZ-0&012 & PP-08'-009
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 December 23, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 23, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 23, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 23, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area. and the Amended
Comprehensive Plan of the City of Meridian, which wan adapted August 6, 2002,
Resolution No. 02-382 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 LA'W AND DECISION & ORDER
CASE NO(S). A7r08-012 & PP-0$-009
-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, Preliminary Plat, Conditions of
Approval, and Development Agreement provisions, all in the attached Staff Report for
the hearing date of December 23, 2007, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11 ~SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicant's Annexation & Zoning request as evidences by having submitted the
legal description and exhibit map stamped and dated June 12, 2008 by Fritz Brownell,
PLS, is hereby conditionally approved;
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
December 23, 2008, incorporated by reference;
3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 10/22/08 is hereby conditionally approved; and,
2. The site specific and standard conditions of appmval are as shown in the attached Staff
Report for the hearing date of December 23, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
in the event that the development of the preliminary plat is made in successive phases
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZr08-012 & PP-08-009
-2-
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
{ 18) months, maybe considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
temmination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may withintwenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of December 23, 2008.
CI'T`Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-012 & PP-08-009
-3-
B 'on of the City Council at its regular meeting held on the o~ ~ day of
2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED!~~`~
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
~ ~~
Mayor T y e weerd
Attest: ````````~y ,~tttt--~~'''r'''
s
Jaycee Ho i lerk
~~ ~~~
%90 r~sc. .~`
Copy served upon Applicant,l~,1~ ~ epe3rt, public Works Department and City
By: Dated: Y /~o y
City lerk's ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-08-012 & PP-08-009
-4-
CITY OF MERIDIAN PLANNIlVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2408
STAFF REPORT Hearing Date: December 23, 200$
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 8$45533
SUBJECT: Shays Cove
• AZ-08-012
E IDIA
iA
Annexation and Zoning of 5.03 acres of land from the RUT zoning district in
Ada County to the R-4 zoning district
• PP-08-009
Preliminary Plat far ~ 7single-family residential building lots and 3 common
Tats on 4.45 acres in a proposed R-4 zoning district
Update: At the public heartras on October 2.2008. the Commission reauested the protect be continued
to November 20.2008 in order for the areliminarv plat to be revised The applicant has submitted a
revised plat. as re9ueste that shows S Soi Place e#eradinr to the north property boundary and a
temporary turn around or emerFencv acce~c for the Fire Depardnera~ The temporary turn around will
remain in place until such time as S. Soi Place is amended to the north. Additionally. the applicant has
removed one of the two building lots that fronted on Mesa ~av; now only the lot that contains the
e.xraP home and shop buildines front on Mesa Way Staffis supportive ofthe proposed~ndat as shown
in Exhibit A. Staffhas revised the staffreport to reflect the charmes made to the plat (revisions in
strike-out. badd/underline format}.
1. SifMNIARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Landmark Engineering & Plam~ing, Inc., has applied for Annexation and Zoning (AZ)
of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 (medium low-density
residential) zoning district. Preliminary Plat (PP) approval is also requested for g 7single-family
residential building lots and 3 common lots in the proposed R-4 zoning district for Shays Cove
Subdivision. The proposed plat is a re-plat of Lot 1, Block 2, of Kachina Estates Subdivision.
The site is located at 3155 S. Mesa Way, approximately 1/3 of a mile west of Locust Crrove Road on
the north side of Victory Road. This property is within the City's Area of Impact, Urban Service
Planning Area and is contiguous to the current City limits.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-08-012 & PP-08-009) were submitted to the Planning Department for
concurrent review. Below, staff has provided a detailed analysis and a recommendation for the
requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending
approval of the sabjec~ AZ and PP applications with the Development Agreement provisions
listed in Section 10, and the conditions listed in Eghi'bit B of fire Staff Report, based on the
Ending in Exhibit D. ~t~ff rc~mmn~_~~~=6Joo .... .s a .. ..,. o. r~ a
~~
The Meridian Planning & Zon~'L Commission heard these items on September 18 October 2
and November 20.2008. At the urrblic hear~L on November 20.2008, then moved to
recommend approval of the snbiect AZ and PP rearrest.
Shays Cove p~ ]
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23.2008
a. Summary of Commission Pablic H n ;
i. In favor: Chris Todd
ii. In onuosition: None
iii. Commentina• None
iv. _Written tesl3monv: None
v. Staff vresenting aAnlication: Sonya Wafters
vi. Other staff commentine an anulication: None
b. Kev Issue(s) of Discussion by Commission:
i. SnnAOrt of the revisions to the ulat that include a stab street to the north nrnnerty
boundary and a temnorarv tarnaronnd.
c. Kev Commission Chance(s) to Staff Recommendation•
i. None
d. Outstanding Issue(s) for City Council:
i. None
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08-
012 and PP-08-009 as presented in the staff report for the hearing date of December 23, 2008, with
the following modifications to the conditions of approval: (Add any proposed modifications.)
Co~uance
After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-08-
012 and PP-08-009 to the hearing date of (insert continued hearing date here) for the following
reason(s): you should state specific reason(s) for continuance].
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers A7r08-012
and PP-08-009 as presented during the hearing on December 23, 2008, for the following reasons:
[Please state specific reason(s) for denial.]
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3155 S. Mesa Way -Tax Parcel: 84814130175
The site is generally located on the north side of E. Victory Road, approximately 1/3 mile west of
Shays Cove p~ 2
CrfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008
Locust Grove Road, in the southeast % of Section 19, Township 3 North, Range 1 East.
b. Applic~at:
Landmark Engineering & Planning, Inc.
332 N. Broadmore Way
Nampa, ID 83b87
c. Owners:
John Shay
3155 S. Mesa Way
Meridian, ID 83b42
d. Representative: Jed Wyatt, Landmark Engineering & Planning, Inc.
e. Present Zoning: RUT (Ada County)
£ Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting Annexation and Zoning of 5.03
acres of land from the RUT zoning district in Ada County to the R-4 zoning district. Preliminary
Plat approval is also r~uested for # 7single-family residential building lots and 3 common area
lots on 4.45 acres of land.
1. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning,
Inc., dated b/27/08, revised 10/22/08. attached in Exhibit A)
2. Landscape Plan (labeled as Sheets 1 & 2, Prepared by Landmark Engineering & Planning,
Inc., dated 7/22J08, revised 10/23/08. attached in Exhibit A)
h. Applicant's Statement/Justification: Taken from the applicant's narrative, `"This sfte is unique
with the provision of generous lot sizes and the developer and his family will continue to reside in
the subdivision. The developer is planning on building a new home on Lot 2 and selling his
existing home on Lot 3 to his son. With the developer planning his future residence within Shays
Cove Subdivision, this should show that this subdivision will be designed and developed to the
highest standards. In addition, the submitted elevations should give the City the confidence of the
quality design." (See Applicant's narrative submitted with the application for more information.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance. By
reason of the provisions of the Meridian ,City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
b. The subject application will, in fact, constitute. a preliminary plat as determined by City
Ordinance. By rceson of the provisions of the Meridian City Code Title 11, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
c. Newspaper notifications published on: September 1, and 15, 2008 (Commission); December 1.
and 15.2008 (Gifu Council)
d. Radius notices mailed to properties within 300 feet on: August 22, 2008 (Commission);
November 26.2008 (Gifu Connell)
e. Applicant posted notice on site by: September 17, 2008 (Commission); December 12.2008
(City Conncfil
Shays Gove Page 3
CITY OF ME1tIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAItWG DATE OF DECEMBER 23, 2008
6. LAND USE
a. Existing Land Use(s): The site is currently a rural single-family residenial lot and contains a
home and shop buildings.
b. Description of Character of Surrounding Area: The property is siurounded by existing and future
residential uses.
c. Adjacent Land Use and 7~ning:
1. North: Single-family residential lots in Kachina Estates Subdivision, zoned RUT (Ada
County)
2. East: Single-family residences in Cabella Creek Subdivision, zoned R-4
3. South: Future single-family residences in Cavanaugh Subdivision, R-8
4. West: Single-family residences in Glacier Springs Subdivision, zoned R-4
d. History of Previous Actions:
~ The subject property was previously platted as Lot 1, Block 2, of Kachina Estates
Subdivision in Ada County.
e. Public Works:
1. Location of sewer. E Victory Road.
Location of water: E Victory Road.
Issues or concerns: None
2. Vegetation: There are many existing trees on this site.
3. Floodplain: NA
4. Canals/DitchesJInrigation: There are no canals or irrigation ditches of significant size that
traverse this site.
S. Hazards: Planning Staff is unaware of any hazards that may exist on this site.
6. Proposed Zoning: R-4
7. Size of Property: 5.03 acres in annexation boundary; 4.45 acres in plat boundary
f. Subdivision Plat Information:
1. Residential Lots: $ 7
2. Non residential Lots: 0
3. Total Building Lots: S 7
4. Common Lots: 3
5. Other Lots: 0
6. Total Lots: -1.10
7. Gross Density: X31.57 dwelling units per acre
8. Lot Sizes: Buildable lots range in size from ~8~31~34 ,square feet (s.f.) to g9;t~ 47.283
s.f. with an average lot size of 8:45 21.335 of an acre
g. Landscaping:
Shays Cove p~ tl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008
1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 25-foot wide buffer along E.
Victory Road, a minor arterial street. as shown on the submitted landscape plan. Landscaping
shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets.
2. Width of buffer(s) to adjoining uses: NA
3. Percentage of site as open space: 8%
4. Other landscaping standards: Mitigation shall be required for all existing trees flinch caliper
or greater that are removed from the site with equal replacement of the total calipers lost on
site up to an amount of 100% replacemen in accordance with UDC 11-3B-10, Tree
Preservation.
h. Summary of Proposed Streets and/or Access {private, public, common drive, etc.): One public
street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, e~8 to/from E. Victory
Road. Access to Lots 3 a~4 is~eposgd-tee provided from S. Mesa Way. Staff and ACRD are
supportive of the existint and orooosed access points prepes~. (See Section 10, Analysis, and
Exhibit B.? for more information.)
7. COMMENTS MEETING
On August 29, and October 3Q. 2008, Planning Staff held an agency comments meeting. The
agencies and departments present include: Meridian Fire Department, Meridian Police Department,
Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services
Company. Staff has included all comments and r~ommended actions as Conditions of Approval in
the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future band Use Map designates the subject property as Low Density
Residential. The purpose of low density designated areas is to allow for tine development of single-
family homes on large lots where urban services are provided. Uses may include single-family homes
at densities of three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The
gross density for the proposed subdivision is 1.79 dwelling units per acre, which is consistent with the
low density residential designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics):
• "Require that development projects have planned for the provision of all public services."
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:•
- Sanitary sewer and water service will be extended to the property at the applicant's
expense.
- The subject land currently lies within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject land currently lies within the jurisdiction of the Ada County Sheri, fj's O„~`ice.
Once annexed the lands will be serviced by the Meridian Police Department (ADD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County ~ghway District (AChID). This service will root change.
Shays Cove Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008
- The subject land' is currently serviced by the Meridian School District No. 2. This service
will snot change.
- The subject land is currently serviced by the Meridian Library District. This service wild
not change and the Meridian Library District should su,~`er no revenue loss as a result of
the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Depar~irient,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Compasay.
• "Encourage infill development in vacaut/underdeveloped azeas within the City over fringe
area development to halt the outward progression of urban development: ' (Chapter V, Goal I,
Objective A.3)
The subject property is surrounded by property to the south, east asad west that has been
annexed and is within the corporate boundaries of the city of Meridian. Approved of this
development will assist in halting the outward progression of urban development, and
encourage the development of underdeveloped parcels.
• "Require street connections between subdivisions at regulaz intervals to enhance connectivity
and better traffic flow" (Chapter VI, Goal II, Objective A, Action Item ~
A street connection is n~ proposed to the rural residential properly to the nortlt~4~
forfuture connectivity.
• "Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and viral
residential densities." (Chapter VII, Goal I, Objective D, Action Item 8)
The gross density of the proposed subdivision is ~9 1.57 dwelling units per acre. The
abutting rural residential lot to the north consists of 4.81 acres. Staf,~`'believes the proposed
density and associated lot sizes serve as a transition to the existing rural residential
properties to the north.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels:' (Chapter VII, Goal IV, Objective C, Action Item i)
Staff believes that the proposed low density residential development of this property is
compatible with existing adjacent residential properties.
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes, and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of Locations suitable for residential development." (Chapter VII,
Goal V, Objective A, Action 4)
Staf}`' believes the proposed plat with danger than typical (and required) lot sizes in the R-~4
district wild contribute to the variety of housing types and lot sizes available in the
community.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists a variety of uses that aze principal
Shays Cove Page 6
CTI'Y OF MERIDIAN PLANNING DII'ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008
permitted, accessory, conditional, ox prohibited within the R-4 zoning district. Single-family
residential dwellings, as proposed, are a principal permitted use in the R-4 district.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement far 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
1. ANNEXATION & ZONING: The applicant is requesting approval to annex and zone 5.03
acres of Land from the RUT zoning district in Ada County to the R~ zoning district. The
Comprehensive Plan future land use map designation for this property is Low Density
Residential, which is consistent with the proposed R-4 district and proposed gross density of
~} 1.57 dwelling units per acre for the subdivision. This property is within the City's Area
of Impact and Urban Service Plapning Area.
The annexation legal description submitted with the application (stamped on June 12, 2008
by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary
of the City of Meridian (see Exhibit C).
Developme~ Agreement: UDC 11-SB-3D2 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. Staff feels that a DA
is necessary in this instance to ensure that the property develops is a manner that is
consistent with the comprehensive plan and does not negatively impact nearby
properties. Prior to annexation ordinance approval, a Development Agreeme~ (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill
Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City
Council action. The DA shall incorporate the following:
a. The applicant shall be responsible for all costs associated with the sewer and water
service extension.
b. Any and all existing domestic wells andJor 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.
c. Access to Lots 2, 5 6, 7, 8, and 9, a~8 shall only be provided from one public
street access to/from E. Victory Road and direct lot access to Lots 3 a~ 4 shall only be
provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other
access points to/from the subdivision are prohibited. Direct lot access to Victory Road
is prolu'bited.
d. The Applicant shall comply with the tree preservation and mitigation standards listed in
UDC 11-3B-10 for protection of existing trees that are proposed to be retained and
existing trees 4-inch caliper and greater that are proposed to be removed.
e. South Koi Place shall be extended as a stub street to the north property boundary for
future extension. The Fire Department requests that a temporary turnaround be
Shays Cove Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008
provided until such time as S. Koi Place is extended to the north.
f. Future structures on the site shall substantially comply with the building elevations and
construction materials (i.e. stucco, rock accents, file roofl shown in Exlu'bit A.4.
2. PRELIMINARY PLAT: The applicant is requesting Preliminary Plat approval of g 7
residential building lots and 3 common area lots on 4.45 acres of land in a proposed R-4
zoning district. This property has not been previously platted. The proposed plat is a re-plat of
Lot 1, Block 2, of Kachina Estates Subdivision.
Diffiensional Requirements of the R-4 district, per UDC Table 11-2A-5:
R=~ STANDARD Rl~; UII~EIVI~NT
Minimum size/dwellin unit in feet 8,000
Minimum street fro a in feet 60
Rear setback (in feet 15
Interior side setback in feet 5
Street setbacks to front loaded a in feet
Local 20
Collector 25
Street setbacks to livin area and/or side loaded a in feet
Local 15
Collector 25
Street landsc a buffer in feet
Collector 20
Arterial 25
corridor 35
Interstate 50
Maximum buildin her t 35
Minimum living area ins feet
Detached 1,400
Attached 800
Minimum uad floor area for multi-sto units (in feet 800
Note: 1M ftambae~ of sider4~: or` O line wherethere is uo . ~$G£At s' _ .walk.
Sta~`'has reviewed the proposed plat and found the plat complies with the minimum
property size and street frontage as required in the R-4 district. Future buildings
constructed on the site shall comply with the dimensional standards in e,~`ect at the time of
issuance of building permits.
Existing Stractares: There is currently one residential home and associated shop buildings
located on proposed Lot 3. All of these structures except for one are proposed to remain and
must meet the dimensional standards of the R-4 district listed above. If any of the existing
Shays Cove page $
CITY OF MERIDIAN PLANIVINQ DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF DECEMBER 23, 2008
structures do not meet the requu~l setbacks, they must be removed prior to signature on the
final plat by the City Engineer or the lot boundaries must be adjusted for the structures to
comply with setback requirements.
Existing Trees: There are approximately 175 existing trees on this site; one of which is dead;
and approximately 11 are proposed to be removed. Mitigation is required in accordance with
the standards listed in UDC 11-3B-lOC for all existing healthy trees flinch caliper and larger
that are removed from the site.
Landscaping: The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared
by Landmark Engineering & Planning, Inc., dated 7/22/0$, revised 10/23/08. attached in
Exhibit A, is approved subject to the following revisions/notes:
• Provide a minimum 25-foot wide buffer along E. Victory Road, a minor arterial
street, as depicted on the plea and required by UDC 11-2A-5. Construct and maintain
the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape
Buffers along Streets;
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted to
the Planning Department upon completion of the landscaping prior to Certificate of
Occupancy for the site. All standards of installation should apply as listed in UDC
I 1-3B-14;
• Depict 6-foot tall vinyl privacy fencing along the northern boundary of the
subdivision.
• Comply wittn the standards in UDC 11-3B-lOC for tree preservation of existing trees
on site as follows:
- Mitigation shall be required for all existing trees four-inch (4") caliper or greater
that are removed from the site with equal replacement of the total calipers lost on
site up to an amount of one hundred percent (100%} replacement. (Example: two
(2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper
trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) There are
several existing trees on the site that are proposed to be removed; the applicant
shall be required to comply with this regtairement. Contact the Ciry Arborist,
Elroy Hu,~; 898 3579, to set up a mitigation and protection plan.
- No mitigation is required in the following: {i) existing prohibited-trees within the
street buffer or parking lot; (ii) existing dead, dying, or hard trees certified
prior to removal by the City of Meridian Parks Department arborist; (iii) trees
that are required to be removed by another governmental agency having
jurisdiction over the proj ect.
- Required landscaping: Existing trees that are retained or relocated on site may
count toward the required landscaping. Mitigation trees are in addition to all
other landscaping required by this Article.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
Proposed Street and/or Access: One public street, S. Koi Place, is proposed for access to
Lots 2, 5 6, 7, 8, and 9, a~9 tolfrom E. Victory Road. Direct lot access is proposed to I,ot~
Shays Cove Page 9
CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF DECEMBER 23, 2008
3 a~-4 from S. Mesa Way. The UDC (11-3A-3A.1) requires access to be provided from a
local street (Mesa Way) when available instead of an arterial street (Victory Road). Typically,
Staff would not support the proposed access to Victory. However, because of the location of
the existing home and lazge shop buildings on Lot 3, Staff does not believe it is feasible to
require access to be provided to the subdivision from Mesa Way (there isn't enough room for
a street on the north side of the shops). Therefore, Staff and ACRD are supportive of the
access points proposed.
.Because the Comprehensive Plan
snpporl~s interconnectivity between subdivisions, Staff (Planning, Fire, and Police} is
recommending S. Koi Place be extended as a stab street to the north property boundary
for fntrrre extension. The Fire Department is also requesting that a temporary
turnaround be provided until such time as S. Koi Place is extended to the north.
Sidewalks: The landscape plan and plat depict a 5-foot wide detached sidewalk along E.
Victory Road and a 5-foot wide attached sidewalk along S. Mesa Way and S. Koi Place, in
compliance with UDC 11-3A-17C. All sidewalks constructed on the site shall comply with
the standards listed in UDC 11-3A-17.
Bw7ding Elevations: The Applicant submitted several building elevations as examples of
what future homes on this site may look like that are included in Exlu~it A.4. The building
materials consist of stucco with rock accents and file roofs. Staff is supportive of the
elevations proposed as they represent a high quality of design and construction materials.
Therefore, Staff is recommending as a provision in the DA that future strnchires on
the site substantially comply with these elevations and constraction materials.
Fendng: There is existing b5-foot tall vinyl fencing along the west property boundary that
was constructed with Glacier Springs Subdivision. The Applicant is proposing to construct
6-foot tall vinyl privacy fencing along the northern boundary of the subdivision to match the
existing fencing along the western boundary. However, this fencing does not show up on
the landscape plan. Permanent or temporary fendng to contain debris during
construction must be installed around the perimeter of the subdivision prior to
issuance of a budding permit for this site.
Ditches, Laterals, and Canals: There are no ditches, laterals, or canals that traverse this
site.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any
existing surface or well water for the primazy source. If a surface or well source is not
available, asingle-point connection to the culinary water system shall be r~uired. If a single-
point connection is utilized, the developer will be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the City Engineer. An
underground, pressurized irrigation system should be installed to all landscape areas per the
approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28.
b. Staff Recommendation: ' ,
Staff recommends approval of the snbiect AZ and PP
applications with a Developme~ Agreement. per the conditions in F.ghibit B. based on the
Endings in Exhibit D. The Meridian Planning & Zoning Commission heard these items on
September 18.October 2, and November 20.2008. At the public hearing on November Z0.
2008 they moved to recommend approval of the snbiect AZ and PP rearrest. The Meridian
Shays Cove Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEN®ER 23, 2008
11. EXITS
A. Drawings
1. Zoning/Vicinity Map
2. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning,
Inc., dated 6/27/08, REVISED 10/22/08)
3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning,
Inc., dated 7122/08, REVISED 10/23/08)
4. Building 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 & Exlu'bit Map
D. Required Findings from Unified Development Code
Shays Cove Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBIIL 23, 2008
A. Drawings
1. ZaningJVicinity Map
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBII2 23, 2008
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Exhibit A
CITY OF MERIDIAN PLANNINC~I DEPARTMENT STAFF REPORT FOR THE HE:ARINO DATE OF DECEMBER 23, 2008
3. Landscape Plan (labeled as Sheets l ~ 2, prepared by Landmark Engineering & Planning, Inc.,
dated 7/22/08, REVISED 1.0123/08)
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CITY OF MERIDIAN PLANIVINO DEPARTMENT STAFF REPORT FOR TIC HEARINtD DATE OF OCTOBER 2, 2008
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CIT'X OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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Exhibit A
CPTX OF MERIDIAN PLANNING} DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2~8
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2Q08
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application {stamped on June 12, 2008 by
Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian (see Exhibit C).
1.1.2 A Development Agreement (DA) will be required as part of the annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian and the property owner(s) (at the tune of annexation ordinance adoption). The
Applicant shall contact the City Attorney, BiR Nary, at 8~-A433 within one year of
Council approval to initiate this process; a fee of $303.OD shall be paid by the applicant to
the City Attorney's office prior to commencement of the DA. The DA shall include, at
minimum, the following:
a. The applicant shall be responsible for all costs associated with the sewer and water
service extension.
b. Any and all existing domestic wells and/or septic systems within this project will have
to be removed from their domestic ~rvice, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be uxd for non-riomestic
purposes such as landscape irrigation.
c. Access to Lots 2, 5 6, 7, 8, and 9, a~A shall only be provided from one public
street access to/from E. Victory Road and direct lot access to Lots 3 aad-4 shall only be
provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other
access points to/from the subdivision are prolu~ited. Direct lot access to Victory Road
is prohibited.
d. The Applicant shall comply with the tree preservation and mitigation standards listed in
UDC 11-3B-10 for protection of existing trees that are proposed to be retained and
existing trees 4-inch caliper and greater that are proposed to be removed.
e. South Koi Place shall be extended as a stub street to the north property boundary for
future extension. A temporary turnaround shall be provided until such rime as S. Koi
Place is extended to the north.
f. Future structures on the site shall substantially comply with the building elevations and
construction materials (i.e. stucco, rock acxents, file roof) shown in Exhibit A.4; the
existing home and outbuildings may remain if the UDC required setbacks are
maintained.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning,
Inc., dated 6/24/08, revised 10122108) is approved.
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helew: The Applicant shall also comply with the Development Agreement provisions associated
with AZ-08-O 1 Z contained herein.
1.2.2 Prior to issuance of any building peanuts, the subject property shall be subdivided.
1.2.3 The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark
Exhibit B
CITY OF MERIDIAN PLANNING DEI'ARTMFdVT STAFF REPORT FOR THE HEARING DATE OF OCfOHER 2, 2008
Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08. attached in Exhibit A, is approved
subject to the followingrevisions/notes:
a. Provide a minimum 25-foot wide buffer along E. Victory Road, a minor arterial street, as
depicted on the plan and required by UDC 11-ZA-5. Construct and maintain the street buffer
in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Slxeets;
c. A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted to the Planning
Department upon completion of the landscaping prior to Certificate of Occupancy for the site.
All standards of installation should apply as listed in UDC 11-3B-14;
d. Depict 6-foot tall vinyl privacy fencing along the northern boundary of the subdivision.
e. Comply with the standards in UDC 11-3B-lOC for tree preservation of existing trees on site
as follows:
~ Mitigation shall be required for all existing trees four-inch (4") caliper or greater that
are removed from the site with equal replacement of the total calipers lost on site up to
an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch
caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl-
inch caliper trees, or seven ('n 3-inch caliper trees.) Contact the City Arborist, Elroy
Hu.~; 898 3579, to set up a mitigation and protection plan.
ii. No mitigation is required in the following: (i) existing prohibited trews within the
street buffer or parking lot; (ii) existing dead, dying, or hazard trees cea~ified prior to
removal by the City of Meridian Parks Department arborist; (iii) trees that are required
to be removed by another governmental agency having jurisdiction over the project.
iii. Required landscaping: Existing trees that are retained or relocated on site may count
toward the required landscaping. Mitigation trees are in addition to all other
landscaping required by this Article.
Submit copies of a revised landscape plan, reflecting the chang~/notes mentioned above with the
final plat application(s).
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1.2.5 A minimum 25-foot wide street buffer in a common lot is required along E. Victory Road, as
shown on the plat. This buffer shall be maintained by the Homeowner's Association.
1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate
sign permit approval.
1.2.7 Direct lot access to E. Victory Road is prohibited and shall be noted on the final plat. eve One
access points to Mesa Way ~ar-e is approved with this application; all other direct access points are
prohibited and shall be noted on the final plat.
1.3 GENERAT,RFQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivisian and on the perimeter of the subdivision
pursuant to City Code.
Exhibit B
CITY OF 1VIERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
1.3.2 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-
3A-18and 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 11-3A-
18. 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 detection facility cannot be incorporated
into the approved open space and still meet the standards of UDC 11-3A-18, 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.
1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.3.4 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does
not relieve the Applicant of responsibility for compliance.
1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Victory
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public'@Vorks Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in E Victory Road Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. 'The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3}. The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is .not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
Z.S All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 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 shall be approved by the appropriate irri$ation/drainage district, or lateral users association
(ditch owners), with written approval or non approval submitted to the Public Works Department.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TFIE HEARING DATE OF OCTOBER 2, 2008
ff lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)3342190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landsca.ping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and constlvction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.1$ The engineer shall be required to certify that the street centerline elevations are set a miinimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this proj ect that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standazds. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 One hundred watt, high pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
Exlu'bit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
lacations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. MERIDIAN FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and twa family
dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in
Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by
Appendix C of the International Fire Code.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and waxer
quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 h" 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 placed 18" above finished grade to the center of the 41h" outlets.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydr8n~ts for all new constriction or additions to
existing buildings within 1,000 feet of the project.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
3.6 Fire lanes, streets, and structwres including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.7 Operational fire hydrants, temporary or permane~ street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. Streets with less than a 29' street width shall have no parking.
Streets with less than 33' shall have parking only on one side. These measurements shall be
based on the back of curb dimension. The roadway shall be able to accommodate an imposed
load of 75,000 GV W.
3.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.11 Where a nortian of the fa~lity or building hereafter constricted or moved i~ or within fire
iurisdiction is more than 400 feet (122 m) from a hydrant on a fire apuaratns access road. as
Exhibit B
CITY OF MER>D1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
measured by an ap»roved rouge around the exterior of the fadlity or budtdin~ omsite fire
hydrate and mains shaII be urovided where reatrired the code official For bmlldings
epuitllned throughout with an aunroved automatic sarinlder system installed in accordance
with Section 9033.1.1 or 9ti33.1.2 the distance ement shall be 600 feet 183 .
a. For GPOUA R 3 and Groin U occnuandes, the distance reauiremeist shall be 600 feet
183 m .
b. For buildings ea~riuned throughout with an anuroved automatic sarinkler system
installed in accordance with Section 9033.1.1 or 9033.1.2. the distance reauolrement
shall be 600 feet 183 m .
3.12 To increase emergency access to the site, the applica~ shall provide a stab street (S. Koi
Place) to the properly to the north. ,
A temporary turnaround shalt be
const~racted at the terminus of S. Koi Place and remain ~ such time as 8. Koi Place is
extended.
3.13 "No Parking" signs aha~R be instaIIed ever,~00 feet on the east side of S. Koi Place.
314 Lot 2 shaII be addressed off of S. Koi Place.
3.15 The temuorarv tarn around shall be a minimmn of 96 feet in diameter.
4. POLICE DEPARTMENT
4~ To increase emergency access to the site, the applicant shall provide a stab street {S. Koi
Place) to the property to the north.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICE COMPANY
6.1 Turning Radius: The applicant shall provide a minimum of 50 ft. turning radius.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Spedfic Conditions of Approval
7.1.1 Dedicate either 48-feet ofright-of--way from the centerline of Victory Road abutting the parcel, or
38-feet of right-of-way from the centerline of Victory Road abutting the parcel with a 10-foot
public sidewalk and utility easement. The right-of--way purchase and sale agreemeirt and deed
must be completed and signed by the applicant prior to scheduling the final plat for signature by
the ACRD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after
receipt of all requested material. The District will purchasetheright-of-way which is in addition
to existingright-of--way from available Corridor Preservation Funds.
7.1.2 Construct a 5-foot detached concrete sidewalk no closer than 41-feet from the centerline of
Victory Road abutting the site.
7.1.3 Construct Mesa Way as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot
concrete sidewalk abutting the site.
Exhibit B
CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 21)08
7.1.4 Construct Koi Place as a 29-foot street section rolled curb, gutter, and 5-foot concrete sidewalk
on both sides. Koi Place shall intersect Victory Road approximately 367-feet west of Mesa Way
and 537-feet east of Glacier Bay Way {measured centerline to centerline).
7.1.5 Stub Koi Place to the north prouerty boundary and install a sisn at its north termunas
stating that. "This road will be extended in the fatare."
7.1.6 Construct a temporary turnaround with a 45-foot back of cnurb radios. rolled curb, utter.
and 5-foot sidewalk at the north terminus of Koi Place. Provide a temporary tarnaronnd
easement for any portion of the turnaround lying outside of the dedicatedright-of-way.
7.1.7 Construct all residential driveways no wider than 20.feet, and paved their full widths at least 30-
feet into the site from the roadway edge.
7.1.8 Other than access specifically approved with this application, direct lot access to Victory Road is
prohibited, and shall be noted on the final plat.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-0f--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number} for details.
7.2.5 Comply with the District's Tree Plauter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
{or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occi~ancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities withintheright-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of-way. The applicant shall contact ACFID Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
7.2.12 Na change in the terms and conditions of this approval shall be.valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2,13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its urtent to change the planned use of the subject property unless
a waiver/variance of said r~uirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
GTl'Y OF ME1tIDIAN PLANNINq DEPARTA~NT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 200B
C. Legal Description & Exhibit Map
Ct?[wEAadENCG ~t the southwest cx-rr~ of said SVVIl4 oS the S~ll4, paint being n isrs~
cap moftu>~f'it xeferet ift C.p.~~. Inserufnetu N+~. $i12~391 aft rile in the ®t~irs of the
rdsr, Ada Ceruaty; thence alofsg the south bfrut~iafy of mid SW I!4 e~f tt~ SEIl4,
A) A1.89°4`?'flS°'3;., 535.81 fit ioff~cord 535.78 feet} to the st~usitwe~, csarnet c~fd
1~A~'1~i1NA #~.5`fi'A`1 ~. said pout wing tip F+DINT O~ ~RG1i~tiYliY~; the a1o
the werlp 6oncxlary pf Y{ACH~'NA E57"ATES.
F3) N,12~~'2~"VAT., 33.5 fist io I~ smtab+ Cnc~' o#'~id I.oi l: t~12~ 1ttg tltt
~steriy houfxlary ofsaid last 1,
1 } N.12°24522"'NU.,136.33 fast (of ford 136.34 feet.} to the westerly angle ~-ifrt of
Lsrt e: cheese cvntirtuiffg shrug tPtie lx-uttdary ofd lot 1,
2} N.t~l9'SO"E.. 3~b0.74 fret (offecofd 3b3.Ofl feet}tar t8~ r~l~rtigr~l fasrtlrwest
c~raaer cr£said l,ot I; tl~fM:e abftg tl~ rfoftherIy boundary of mid lot 1,
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Exhibit C
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ftrorre particularly c~scribed ~ fo~vas:
CITY OF MEitIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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Exhibit C
CTI"Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF OCTOBER 2, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
D. Required Findings from Unified Developmelut Code
1. Annexation and Zoning Findings:
Upon recommendation from the Commission, the Council shall make a firU investigation
and shall, at the public hearing, review the appIIcation. In order to grant an annexation
and/or rezone, the Council shall make the foIIowing findings:
a. The map amendme~ complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-4. The City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specrHcaDy the purpose statement;
The City Council finds that the existing and proposed use of the property for single-family
residences is a permitted use in the R-4 district and that the density is consistent with the
future land use map designation of low density residential for this property. The property size
and street frontages depicted on the preliminary plat are consistent with the dimensional
standards listed in the UDC for the R-4 zoning district. Further, hookup to the City sewer and
water system is proposed with annexation of the pmperiy as required by the UDC.
G The map amendment shall not be materiaIIy detrimental to the public health, safety,
and welfare;
If the Development Agreement provisions aze complied with, the City Council finds that the
proposed zoning amendmen will not be detrimental to the public health, safety, or welfare.
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 City Council finds 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.
b. The annexation is in the best of interest of the City (iJDC 11-SB-3.E}.
The City Council finds that the annexation and zoning of this property to R-4 would be in the
best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the foIIowing findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan '
. The City Council generally
supports the proposed plat layout, with the changes noted in Exhibit B, as it complies with the
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 8, of the Staff Report.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARIlVG DATE OF OCTOBER 2, 2(}OS
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
c. The plat is in conformance with scheduled public iumprovements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
developme~;
Staff recommends the Commission and Council rely upon comments from the public service
providers (i.e., Police, Fire, ACRD, etc.) to determine this finding, (See Exhibit B, Agency
Comments and Conditions, for .more detail.)
e. The development w~l not be detrime~al to the public health, safety or general welfare;
and
The City Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision. ACRD considers road safety issues in their
analysis.
f. The development preserves significant natarai, scenic or historic features,
The City Council is unaware of any natural, scenic, or historic features on this site.
Therefore, The City Council .finds that the proposed development will not result in the
destruction, lass or damage of any natural, scenic or historic feature(s) of major importance.
Exhibit D