Crossfield Subdivision RZ 09-002ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .DO 35
BOISE IDAHO 08126110 10:36 AM
DEPUTY Lisa Batt
RECORDED-REQUEST OF III IIII'll'll'I~IIIIIIIIIII'lllll I
Meridian City 11 ~~37871 S
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Pride, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~_
day of 20 I O ' by and between City of Meridian, a municipal corporation of
the State of daho, hereafter called CITY, and Pride, LLC, 3299 Davis Drive, Meridian, ID
83642, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer azethe sole owners, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit "A" for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as the
Property; and ~ .
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning
of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for re-
zoning ofthe Property described in Exhibit "A", requesting a designation
of TN-R (Traditional Neighborhood Residential District) under the UDC
and generally describing how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public _,~._.,~
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDNISION (RZ-09-002) PAGE 1 OF 9
1.6 WHEREAS, the 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 28t" day of July, 2009, the Meridian City
Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement as Exhibit B; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner/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 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
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth --
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided ~ ~--"
for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDIVISION (RZ-09-002) PAGE 2 OF 9
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State of
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers to Pride, LLC, whose address
is 3299 Davis Drive, 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 parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re-zoned TN-R (Traditional Neighborhood
Residential District) attached hereto and by this reference incorporated
herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
in the approved TN-R zone under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
5.1.1. Developer agrees to develop the single-family residential portion of the site
consistent with the objectives and design guidelines for residential developments
(Section E) listed in the City's Design Manual.
5.1.2 Developer agrees to develop the multi-family residential portion of the site
consistent with the objectives and design guidelines for urban developments
(Section B) and residential developments (Section E) listed in the City's Design
Manual.
5.1.3 A public stub street shall be provided to the east property boundary for future
connection to Venable, consistent with the block length requirements contained in
UDC 11-6C-3F.2.
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDIVISION (RZ-09-002) PAGE 3 OF 9
5.1.4 Development of the subj ect property shall comply with the TN-R standards listed
in UDC 11-2D-6.
5.1.5 Development of the multi-family portion of the site shall comply with the
standards for multi-family developments listed in UDC 11-4-3-27. ~'
5.1.6 The developer shall provide an address identification sign at each entrance to the
multi-family portion of the site.
5.1.7 The developer shall work with Staff and ACRD to develop a partial collector road
from W. Ustick Road to W. Stanhope Street utilizing the right-of--way offered as a
donation by Joe Simunich during the public hearing. The developer shall construct
a detached sidewalk along the east property boundary from W. Ustick Road to W.
Stanhope Street on the subject property. If Mr. Joe Simunich dedicates right-of-
way for the future extension of Venable Lane, the developer is responsible to place
barricades at the north and south ends of Venable Lane, if required by ACHD,
until such time as Venable is constructed and open to the public.
Note: Acceptance of unimproved right of way by ACHD must be approved by the
ACHD Commission. The improvement of Venable Lane will occur upon future
development of the Ward property to the east as it was determined there is
currently not enough room to construct a street with the location of existing power
poles, fencing, and a drainage ditch.
5.1.8 The developer is required to work with staff and ACHD to complete paving of
access roads within the Crossfield development, including Stanhope, to provide
access to the Simunich property, provided there is a donation of land by the Joe
Simunich to ACRD for future right of way for Venable Lane. Once Stanhope is
paved and right of way is dedicated to ACHD for Venable Lane, access to Mr.
Simunich's property shall be provided from Stanhope Street.
6. COMPLIANCE PERIOD. This Agreement must be fully executed within one
(1) year after the date of the Findings or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of
this Agreement, Owner/Developer shall have thirty (30) days from receipt _t._-..-
ofwritten notice from City to initiate commencement of action to correct
the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDIVISION (RZ-09-002) PAGE 4 OF 9
cured within such one hundred eighty (180) day period, 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 8.2, Owner/Developershall bedeemed
to have consented to modification of this Agreement and de-annexation
and reversal of the zoning designations described herein, solely against the
offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions
of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either
City or Owner/Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or inequity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer orCity isdelayed for causes that 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.
7.5 Waiver. A waiver by City of any default by Owner/Developer ofany one
or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default ofany such or other
covenants and conditions.
8. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the annexation and 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.
_t._--_
9. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDIVISION (RZ-09-002) PAGE 5 OF 9
10. 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.
11. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Developer/Owner has entered into an addendum agreement stating when the improvements
will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragrees to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. NOTICES: Any notice desired by the partiesand/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:
Pride, LLC
3299 Davis Drive
Meridian, ID 83642
13.1 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.
14. 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
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDIVISION (RZ-09-002) PAGE 6 OF 9
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.
15. 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.
16. 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 of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has
fully performed its obligations under this Agreement.
17. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
18. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third parties (including a governmental entity or
official) challenging the validity of any provision of this Agreement, the parties hereby agree to
cooperate in defending such action or proceedings.
19. INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full
including all text information in the Exhibits. 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 - CROSSFIELD SUBDIVISION (RZ-09-002) PAGE 7 OF 9
20.1 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. '
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the Properly 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.
OWNER/DEVELOPER:
PRIDE, LLC
~~.
CITY OF MERIDIAN
By: ~"
Mayor T de Weerd
\~„uuuii~rrr
ATTEST: ````\~,.~`~,~ OF /~~9.,~~i/~>,
` ~
Jaycee .Holman, City Clerk = $~;,~L
:_ 9 ~ C
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DEVELOPMENT AGREEMEN'~~T C$~FIEI.D ~DYVISION (RZ-09-002) PAGE 8 OF 9
STATE OF IDAHO, )
): ss
County of Ada, )
fln this 13 riav of NI V Po ~4°t inn hPfnre me the nnrlPrcionerl a
Notary Public in and for said State, personally appeared ~vSf ~ 1 ~ ~ ~ 1`~v~~Nt 9l~tR
known or identified to me to the r1~ ~ ~ q 6 ~ ~ of Pride, LLC and the
person who signed above and acknowledged to me that he executed the same on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and veaz in this certificate first above written.
_A ~MN.ti• IJ' ~
P.•• ~• ~~
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STATE OF IDAHO )
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County of Ada )
No ublic for Idaho
Residing at: !1'1 fiA ~ f1 I A1~, ~ ~ ~I tJ0
My Commission Expires: , z - ~~- /Z
On this day of ~q ~~~~- , 20 Iy, 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 yeaz in this certificate first above written.
.•SSICA J0.
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(SEAL) ~'~N:
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Residing at: ~t-,~,,,~., 1 ~
Commission expires: ~~av~ ~ , fir, ~ y
DEVELOPMENT AGREEMENT - CROSSFIELD SUBDMSION (RZ-09-002) PAGE 9 OF 9
A. Legal Description
Agri! 2, 2Qt19
Descriptiu-n far proposed TAFR zone
Crosa~eld Subdivision
~i parcel bf land located in Government lot 3 of Section 1, T.3N., R.1 W., B.M.,
and a gariion of Crossfieid Subdivision No. 2< as filed for record in Book 98 of Plats at
Page 124t}7, records afAda County.,ldah4, nacre particularly described as fallaws:
Commencing at the Plortb li4 cvrncr vPsad Section 1, from which t1-~ Ni~rihW~st corner
of said sections beats North 88°42' 32" Weak, 2t62. i b .feet; "ihence alcing the. narttt 1 ine oP
said trovertt~cnt Lot 31Vorth 88°42'32" Wit, 2Q.tlt) feet to the REAL POINT OF
BECIN1Yt;~iG.
Thence SUUt1t QQ°07'3#" West, ?'70.fi9 feet#n a paint on the centerline of'W,
Stanhope Stxeet lyFng on the Fast boundary. of said Crosafield Subdivision l~fo. 2;
Thence along said centerline North 89°14'3b" West, 598.88 feet;
Thence North Utf~45'Z4" Fast, 315.174 Peet to the Northwest earner of said
iCrossfield Subdivision hlct. 2, said paint ~]so being an the Easterly boundary of
Cmssfic:ld Subdivision No. 1, as filed for record iu Book 9'1 of Flatsat Fage 1.2f9'S,
reccirds a..f Ada ['aunty, tdahct,
Thence a1a~g tilt' Easterly batat~ry~ ofsaid t;rassfteid 5nbdivison i~la, l:
'Thence North 89°1$'38" West, 41.63 het;
Thence irlarth t] l°17'28" East, 198:78-feet;
Thence South 88°42'32" Fast, 98<8'f feet;
Thence North 41 °~ 7'~8" ~ 4.95 feet to a paint of curvature;
Thenci~ I {I2.14 feet along the arc of a curveto the right; having a cedilla of
86:40 feet: a central angle of 68°fl3"05", and a tong chord bearing North.
35°l9'41"East, 96:7.5 fees
'Chence Ptoi#h 41°17'28" Erik,, 179.12 feet w a point oti the north Une of
said ta~overnmeiit Lot 3;
Thrice slang said north line 5nuth 88°42'32" ~ 475.14 feet ts~ the Poizit of
Fieginning. Containing 14.23 acres, more or less. t~C_"_ n"
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REVI£W, ~ A A ,{
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Exhibit B. Findings of Fact and Conclusions of Law
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
E IDIAN-
IDAH
In the Matter of Rezone of 10.13 Acres of Land from the R-8 Zoning District to the TN-R
Zoning District, by Pride, LLC.
Case No(s). RZ-09-002 '
For the City Council Hearing Dates of: Jaly ?, and 14, 2009 (Findings on the July 28, 2009
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 14, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 14, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 14,
2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 14, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).' _
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FWDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-002
-1-
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, and the
Conditions of Approval all in the attached Staff Report for the hearing date of July 14,
2009, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § I1-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 as evidenced by having submitted the legal description and
exhibit map stamped and dated April 2, 2009 by D. Tent' Peugh, PLS, is hereby
conditionally approved; and,
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
July 14, 2009, incorporated by reference.
D. 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 notlce 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 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.
E. Attached: Staff Report for the hearing date of July 14, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8t ORDER
CASE NO(S). RZ-09-002
-2-
G
B Jon of the City ouncil at its regular meeting held on the ~ D day of
2 ~.
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)
de Weerd
Att t: ~'°1 ~OppORgl 'r,Y
V ~=G ~O ~O
Jaycee Holman, City Clerk ~+a ~~s r 15~ ~ Q~
Copy served upon Applicant, The artment, Public Works Department and City
Attorney.
By: Dates: ! "a I
Ity clerk's office
CTfY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-002
-3-
STAFF REPORT Hearing Date: July 7, 2009
(Continued to July 14, 2009) E IDIAN-
TO: Mayor & City Council
IDAHO
FROM: Sonya Wafters, Associate City Planner
208-8845533
SUBJECT: RZ-09-002 -Crossfield
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Pride, LLC, has applied to Rezone (RZ) 10.13 acres of land in Crossfield Subdivision
from the R-8 (medium density residential) zoning district to the TN-R (traditional neighborhood
residential) zoning district.
The applicant has submitted a conceptual site plan and building elevations for the multi-family units
that show how the property may develop in the future. The plan depicts Smulti-family structures
consisting of 80 dwelling units, a pool, clubhouse, 20 alley-loaded single-family residential lots, 2
attached single-family residential lots, and 3 detached single-family residential lots. See Section 10 of
the sta,,~'report for more information.
II. SUMMARY RECOM1ViENDATION
Staff is recommending approval of the proposed rezone based on the Findings of Fact and
Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the
provisions noted in Exhibit B of the staff report. Please note that the conceptual site plan and structure
design for the multi-family development is not consistent with the required design guidelines.
However, given that that there is no accompanying design review application with the rezone, staff is
recommending approval of the rezone.
_The Meridian Planning & Zoning Commission heard this item on Jane 4.2009. At the nnblic
hearing they moved to recommend aunroval of the sabiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In oDUOSition• None
iii. Commenting: Lori Lake; Carol Devers: and Joe Simnnich
iv. Written testimony: None
v. Staff uraenting aoulicafion: Sonya Wafters
vi. Other staff commenting on anulication: Anna Canning - -
b. Kev Issue(s) of Discussion by Commission:
i. The layout and design of the Drouosed multi-family development in relation to the
City's design eaidelines and vision for neighborhood center designated areas:
ii. The off-site extension of Venable Lane by the developer for access to Crossfield
subdivision•
iii. The twe of fencing to be installed adiacent to Venable Lane;
iv. The requirement for a stab street to be provided to Venable Lane for future
connectivity
c. Key Commission Change(s) to Staff Recommendation: -- ~----
i. Delete DA provision #1.2d and comment #3.12 in Exhibit B that require a private/public
street to be provided within the multi-family portion of the site for addressing pnrposa:
Crossfield Sub 41tZ PAGE 1
ii. Add a new DA provision that requires the developer to provide an address
identiftcation sign at each entrance to the multi-family development (see DA provision
#1.281:
iii. Add a DA provision requiring the developer to work with Staff and ACRD to construct
a partial collector road from Ustick to Stanhope utilizing the right of-wav offered as a
donation by Joe Simnnich dpring the public hearing (see DA provision #12h1•
d. Outstanding Issue(s) for Citv Council:
i. The requirement for the off-site construction of Venable Lane as a provision of
the subiect rezone.
III. PROPOSED MOITON
Approval "
After considering all staff, applicant and public testimony, I move to approve File Number R7r09-
002, as presented in the staff report for the hearing date of July 14, 2009 with the following _ ry_...
modifications: (Add any proposed modifications.)
Crossfieid Sub 4 RZ PAGE 2
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-09-002,
as presented during the hearing on July 14, 2009, for the following reasons: (You should state
speck reasons for denial of the annexation and you must state specific reason(s) for the denial of
the plat.) .
Continuance
I move to continue File Number RZ-09-0OZ to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address2ocation:
The subject rezone area is located on the south side of W. Ustick Road, east of N. Blairmore
Way, in Crossfield Subdivision, in the NW % of Section 1, Township 3 North, Range 1 West.
B. Owner(s):
Russell D. Hunemiller
3299 Davis Drive
Meridian, ID 83642
C. Applicant:
Pride, LLC
3299 Davis Drive -
Meridian, ID 83642
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11, -
Chapter 5.
B. Newspaper notifications published on: May 18, and June 1, 2009 (Commission); June 15, and 29,
2009 (City Council)
C. Notices mailed to subject property owners on: May 14, 2009 (Commission); June 11, 2009 (City
Council)
D. Applicant posted notice on site(s) on: May 21, 2009 (Commission); June 26, 2009 (City Council)
VL LAND USE ~ ` ~~
A. Existing Land Use(s) and Zoning: The site is currently vacant and zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is currently
Crossfield Sub 4 RZ PAGE 3
surrounded by residemially zoned land in Crossfield Subdivision, rural residential property, and
commercial property.
1. North: Vacant commercial properly, zoned C-C
2. East: Rural residential Property, caned RUT in Ada County ' _
3. South: Platted but undeveloped single-family residential, zoned R-8
4. West: Platted but undeveloped single-family residential, zoned R-8
C. History of Previous Actions:
This property was annexed and zoned (AZ-OS-015) R-8 in 2005. (Note: A development
agreement was not required with the annexation.) A preliminary plat (PP-05-017) consisting
of 245 single-family residential lots and 27 other/common lots on 59.3 acres. A conditional
use permit/planned development (CUP-OS-022) was also approved with the annexation and
plat. The CUP/PD approved acombination ofsingle-family attached and detached homes,
accessory dwelling units, and a potential daycare, with reductions to building setbacks, lot
frontages, lot sizes, house sizes, and an increased maximum block length.
• The portion of this site that lies south of W. Parkstone Street (Crossfield Subdivision No. 2)
was approved for final plat (FP-06-025) in 2006 and recorded in 2007.
• The portion of this site that lies north of W. Parkstone Street (Crossfield Subdivision No. 4)
was approved for final plat (FP-09-004) by City Council on May 12, 2009 but has not yet
been recorded.
D. Utilities:
1. Public Works:
a. Location of sewer: Service is located in W Parkstone St and W Stanhope St.
b. Location of water: Service is located in W Parkstone St and W Stanhope St
c. Issues or concerns: Existing utilities may need to be removed or relocated at the
developer's expense to accommodate any required changes to the site layout and
design.
E. Physical Features:
1. Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this
ProP~'•
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: These properties do not lie within a floodplain or floodway.
F. Access: No new access poi~s are proposed to the subject property with this application.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated as "Mixed Use COmrn,mity (MU-G~" within a "Neighborhood
Center (NC)" on the Comprehensive Plan Future Land Use Map.
Per Chapter VII of the Comprehensive Plan (page 103), the MU-C designation allows up to 25 acres
ofnon-residential uses in a neighborhood center, up to 200,000 square feet ofnon-residential building ~"`"-~ `°
area, and residential densities of 3 to 15 units per acre.
Per Chapter VII of the Comprehensive Plan (page 101), the NC designation provides for a blend of
high density residential, small scale commercial, entertainment, office, and open space uses that are
Crossfield Sub 4 RZ PAGE 4
geared to serve all residents within a one to two square mile area. The development is encouraged to
be designed according to the conceptual neighborhood center plan depicted in Figure VII-3 in the
Comprehensive Plan (see Exhibit A.3). The purpose of these centers is to create a centralized,
pedestrian-oriented, identifiable and day-today service oriented focal point for neighborhood
districts. Forty percent of all land within NC's shall be developed for residential uses. The centers
should offer an internal circulation system that connects with adjacent neighborhoods or regional
pathways. They will also serve as public transit locations for future park and ride lots, bus stops,
shuttle bus stops or other alternative modes of transportation.
The applicant is proposing a mix ofmulti-family and single-family residential uses at an overall gross
density of 10.37 dwelling units per acre and net density of 12.34 dwelling units per acre, which is
consistent with the MU-C designation of 3 to 15 units per acre. There is not a small-scale
commerciaUentertainment/office/open space component planned for the site as detailed in the NC
designation, only residential. However, there is commercial property zoned C-C and C-N across the
street on the north side of Ustick Road, which should provide the commercial component of the NC
designated area. Additionally, there is an undeveloped 15 acre parcel to the east in Ada County also
designated NC.
The City recently adopted a Design Manual as an addendum to the Comprehensive Plan. The intent of
the Design Manual is to establish a set of guiding principles and flexible standards that encourage
creativity as opposed to mandating specific standards. Because the subject property lies within the NC
designation on the future land use map, the design guidelines for residential and urban developments
apply to development of this site. Staff has reviewed these guidelines and found the proposed concept
plan is not consistent with the majority of the criteria (see Section IX, Analysis, below a detailed
analysis).
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed residential use of this property (staff analysis in italics):
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The Ciry of Meridian currently provides municipal services to the subject properties in the
following manner:
• Sanitary sewer and water service is available to be extended to the subject property.
• The lands are serviced by the Meridian Fire Department (MF'D).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACFID). This service will not change.
• The subject lands are currently serviced by the Joint School District #2. This service will not
change. -
• The subject lands are currently serviced by the Meridian Library District. This service will not
change.
Municipal, fee-supported services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, arrd Sanitary
Services Company.
• "Consider development applications that apply the neighborhood center concept." (Chapter VII,
Goal I, Objective B, Action 1, page 109) ..-. ~._~
The conceptual site plan proposed by the applicant does not reflect full compliance with the
neighborhood center concept as shown in Figure Yll-3 of the Comprehensive Plan. Although the
plan does include a range of residential. densities in the proposed multi family, attached &
GYo~field Sub 4 RZ PAGE 5
detached single family residential, and alley loaded residential, it does not contain a commercial
component.
• "Locate small-scale neighborhood commercial areas within planned residential developments as
part of the developme~ plan." (Chapter VII, Goal I, Objective B, Action 3, page 109)
The applicant is not proposing a commercial component with the proposed residential
development. However, there are existing and future commercial uses and a future school site
across the street on the north side of Ustick Road that contribute to the variety of uses desired in
NC designated areas.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal TV,
Objective D, Action 2, page 114)
There are no direct access points to Ustick Road, an arterial street, proposed with this
application. Access to the subject property is provided from internal public local streets.
• "Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, page 114)
A 30-foot wide landscape bu,~J`er is required along Ustick Road as depicted on flee concept plan.
All landscaping should be installed in accordance with the standards listed in UDC Il -3B-7C,
Landscape Bu,,~`ers along Streets.
• "Elevate quality of design for houses and apartments." (Chapter VII, Goal V, Objective B, page
116)
Sta,,~`' believes that the proposed elevations for the multi family structures do not demonstrate
quality design based on the criteria listed in the City's design manual for urban and residential
developments. Therefore, staf `' is recommending that the structures and site design include
elements detailed in the aforementioned sections of the design manual.
• "Support a variety of residential categories (low-, medium-, and high-density single-family,
multi-family, townhouses, duplexes, apartments, condominiums, etc J for the purpose of
providing the City with a range of affordable housing opportunities." (Chapter VII, Goal IV,
Objective C, Action 10, page 113)
Sta~''believes that the proposed multi family (y8 units/acre) along with the single family attached
and detached and alley loaded units (3-8 units per acre) will contribute to the range of housing
opportunities available in the City.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the TN-R district is to provide for a variety of
residential land uses including attached and detached single-family residential, duplex,
townhouse, and multi-family. A TN-R district includes open spaces and promotes pedestrian
activity through well designed and varied streetscapes that also provide for the safe and efficient
movement of vehicular traffic. Most dwelling units should be accessed from alleys. The
maximum density of the TN-R district is fifteen (15) units per acre. The minimum density is eight
(8) units per acre. Density should decrease away from the center and closer to conventional
residential districts. The TN-R district should be generally located adjacent to a TN-C district,
along a transit corridor, or within a mixed use neighborhood. For the purposes of this title, the
term residential district shall also include the traditional neighborhood residential district. -``""`
B. Schedule of Use: Unified Development Code (UDC) 11-2D-2 lists the permitted, accessory, and
conditional uses in the TN-R zoning district. The proposed multi-family, single-family attached,
and single-family detached dwellings are listed as principal permitted uses in the proposed TN-R
Crossfield Sub 4 RZ PAGE 6
zoning district.
C. Dimensional Standards: All of the lots shall comply with the dimensional standards listed in UDC
11-2D-6 for the proposed TN-R zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed ,
in UDC 11-3B-7C and Table 11-2D-6.
E. Off-Street Parking: See UDC Table 11-3C-6 for the required number of parking spaces per
dwelling based on the number of bedrooms.
IX. ANALY3I3
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting approval to rezone 10.13 acres of land from R-8 to TN-R The
subject property was previously platted as Crossfield Subdivision No.'s 2 and 4. Although no
development is proposed at this time, the applicant has submitted a concept plan showing how the
site is proposed to develop in the future with (5)16-unit multi-family residential buildings
consisting of a total of 80 units north of W. Parkstone Street; 20 alley-loaded residential units
south of Parkstone; and 2 attached single-family residential units and 3 detached single-family
units on the east side of N. West Sm Avenue. Please note that all the proposed single-family
residential units have already been platted and are fully developed properties.
The TN-R district requires a minimum of two housing types. For the purposes of this rezone, the
applicant has included the single-family lots identified above in this application.
As discussed above in Section VII, the subject property is designated as "Mixed Use Community
(MiT-C)" within a "Neighborhood Center (NC)" on the Comprehensive Plan Future Land Use
Map. Development within these areas should include a mix of uses such as high density
residential, small scale commercial, entertainmetrt, and office; the applicant is only proposing a
mix of residential uses (medium to high density). Although staff is supportive of a commercial
component to this development, staff recognizes that there are existing commercial uses northeast
of the site across Ustick Road and vacant commercial property directly across Ustick that
contribute to the variety of uses within the neighborhood center. There is also undeveloped
property to the east across Venable Lane that may include commercial uses upon development.
Because the site is located within a NC designated area on the future land use map, Staffbelieves
that the requested TN-R zoning district is appropriate for the subject property. As such, the site
should be developed in accordance with the design guidelines in the City's Design Manual for
urban and residential developments; the multi-family portion of the site should develop consistent
with the urban and residential guidelines and the singlo-family portion should develop consistent
with the residential guidelines.
The Neighborhood Center concept diagram in the plan contemplates an urban environment. The
urban design guidelines apply to neighborhood center designated areas such as this, as well as
Old Town and the medium and high density residential areas in the Ten Mile Interchange
Specific Area Plan. One of the pximary goals in developing the Design Guidelines was to
articulate the City's urban vision for the neighborhood centers. Staff has reviewed the concept
plan for consistency with the aforementioned design guidelines and believes that the concept plan
is not consistent with the Design Manual as the plan does not have an urban character as desired
in neighborhood centers. In order to be consistent, the overall site should incorporatethe -`~--~~
following design elements on the concept plan and building elevations*:
Crossfield Sub 4 RZ PAGE 7
• Plan for access and connectivity to future transit facilities such as pazk-and-ride locations,
pullouts, stops, shelters, and infrastructure. Transit facilities should be located adjacent to
or near public spaces and/or prominent buildings.
• Address the critical issues of site layout that influence a compatible and integrated
neighborhood/urban character, including, but not limited to, street networks and patterns,
block configurations, vehiculaz access, pedestrian connectivity, building orientation and
site layout, pazking, and common/public spaces.
• Provide safe and attractive connections within and between developments and adjoining
uses that reduce vehiculaz use, promote walkability, and support access to transit.
• Locate multi-family buildings to establish an appropriate urban form that enhances the
character, compatibility, and attractiveness of the site, building, adjacent uses, and
neighborhood.
• Strategically locate common and open space and site amenities to encourage and support
pedestrian activity.
• Coordinate placement of common spaces and site amenities with adjacent properties to
encourage integrated developments and support community connectivity.
• Incorporate pedestrian-oriented amenities that promote various active and passive uses
within common spaces such as furnishings, landscaping, artwork, lighting, and water
features.
• Residential roadways are encouraged to incorporate detached sidewalks with parkway
planting strips to accommodate canopy-producing street trees.
• Design building facades that express architectuual character and incorporate the use of
design principles to relate to adjacent and surrounding uses. Building designs should
enhance public and urban/common spaces, articulate an urban form, and provide human
and pedestrian scale.
• Residential buildings with attached units should articulate the design to differentiate
facades of individual units or groups of units, particularly where such units are oriented
toward a roadway or wmmon space.
• Modulate roof forms to add interest to building form and profile and reduce the
appearance of building mass and scale.
• Use architectural elements and detailing, including, but not limited to, fenestration
patterns, awnings, balconies, entries, porches, materials, and decorative or ornamental
detailing, to articulate facades and contribute to anaesthetic building character.
• Clearly define and articulate building entries (ground level & upper story) and connect
them to roadways and pedestrian walkways. Where appropriate, primary building entries
should be oriented to provide access from adjacent roadways and public spaces.
Secondary and alternative entries may access buildings and uses from parking areas and
other areas with available access to the public.
• Residential structures should use a cohesive color scheme featuring a minimum of two
field colors: a trim color and a front door color. Garage door colors should coincide with .--- ~--.-
this scheme or the material palette of the structure.
Establish blocks that are compatible with the urban framework and street network.
Blocks shouldn't exceed a length greater than 500 feet along any side.
Crossf~eld Sub 4 RZ PAGE S
• Provide pedestrian connections that establish contiguous pedestrian networks throughout
the urban environment.
• Parking areas within urban environments should not detract from establishing an
appropriate urban form and character.
• Design surface parking as an integrated and attractive element of the urban environment
that promotes pedestrian comfort and safety.
• Integrate streetscape profiles along roadways and blocks to maintain the continuity of the
urban arvironmart. Use streetscape profiles consisting of the following three zones: the
landscape and furnishing zone, the pedestrian mobility zone, and the frontage zone.
• Building design should appropriately address building scale, mass, and form, and the use
of materials, architectural elements, and details to ensure a compatible and aesthetic
contribution to the urban arvironmart.
• Articulate building forms, including but not limited to, massing, walls, and roofs, with
appropriately scaled modulations that contribute to the development of visually aesthetic
building designs.
• Incorporate visual and physical distinctions in the building design between lower and
upper stories that enhance urban building forms, articulate facades, and integrate
pedestrian and human scale.
• Building roof types, forms, and elements should provide variation and interest to building
profiles and contribute to the architectural identity of buildings without imposing
overwhelming scale on adjacent uses.
• Continuous (physical and visual) building walls define the street and public edge.
• Multiple units are distinguished by individual entries.
• Parking is located away from the street and arranged to maximize open and common
space for residents.
* For a complete list of applicable design guideUnes, please review Section B of the Design
Manual for urban developments and Section E for residential developments:
In addition to the guidelines in the Design Manual, future development for the multi-family
portion of the site shall be consistent with the standards for multi-family developments in UDC
11-4-3-27.
The concept plan does not show a public stub street to the east property boundary for future
connection to Venable Lane upon development of the Simunich property. Because UDC 11-6C-
3F.2 states that no block face shall be more than 5~ feet in length without an intersecting street
or alley, staff recommards a public stub street be provided to the east property boundary
consistent with UDC 11-6C-3F.2.
Two driveways from W. Parkstone Street are proposed for access to the multi-family units. For
addressing purposes, Planning and Fire Department Staff recommend as a provision of the DA
that private or public streets be provided within the multi-family portion of the site. (Note: If a
public stub street to the east property boundary is provided within the multi family portion of the
site, the internal streets shall be public.)
In summary, Staff is supportive of the Applicant's proposal to rezone the site to TN-R as it is the
appropriate designation for properties with the NC Comprehensive Plan designation. However,
Crossfield Sub 4 RZ PAGE 9
staff is of the opinion that the concept plan is not consistent with the Design Manual and is
recommending as a provision of the development agreement that development of the site through
the Certificate of Zoning Compliance and Design Review process be consistent with the
residential and urban design guidelines contained in the Design Manual and the multi-family
development standards listed in UDC 11-4-3-27. Therefore, staff is not supportive of the
proposed concept plan and is not recommending it be included as an exhibit in the DA.
X. El~i~l[TS
A. Drawings
1. Vicinity Map (Zoning & Aerial)
2. Comprehensive Plan Future Land Use Map
3. Neighborhood Center Concept Diagram [Figure VII-3, Comprehensive Plan (pg. 100))
4• OT,4PPR0 .D
5• NOT APPRDVF_D
B. Comments/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. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Crossfield Sub 4 RZ PAGE ] 0
A. Drawings
Exhibit B
Page 2
1. Vicinity Map (Zoning 8t Aerial)
2. Comprehensive Plan Future Land Use Map
Exhibit B
Page 3
3. Neighborhood Center Concept Diagram [Figtue VII-3, Comprehensive Plan (pg. 100)]
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• Hsiehborhoal Grrtcr Comarerolal aroa bested at tia K ar0s, not at aRsrial b~teresagons. "
• Sdwols boated mld-ssctloa, wick ltiontaes dory s ooMoeor seroK.
• Irarsoud abtulatlon Shat b oorrranlsnt for aucomobtsh Pedestrians, and Sransit.
• Yarirq of houshy oholoes.
• Hous6y Is arranpd b a rad(aWy Pattam of tesssnby dansklea.
• Trondgon 6stwean diftrnent howhy typos or dendgse at atgrs.
• Rsetdserts can aaoesa ndehborhood asmmadal ssrvlua without behy forted ones arcerid strwcs.
• Facttkatas aaro eRtdarefransportagon abry arteriole.
• Grid etrost Patesrrr wkhNr the nsithborhood allows traMe to dtePeroe, rise cayastlon, alowe LrafRo,
and is aafw for residents.
• Caxwetes to and hrtaprotes with the larysr etrsst and pathwq syssem.
VII • ttaducal riehewf-way ed/gq aro encourogsi - _
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Page 4
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Exhibit B
Page 7
B. Comments/Conditions of Approval
1. PLANNIIVG DEPARTMENT
1.1 The legal description for the proposed rezone submitted with the application (prepared on Apri12,
2009, by D. Terry Peugh, PLS) shows the property within the existing corporate boundary of the
City of Meridian (see Exhibit C).
1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney's Office within one year of Council approval to initiate this
process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Developer agrees to develop the single-family residential portion of the site consistent
with the objectives and design guidelines for residential developments (Section E) listed
in the City's Design Manual.
b. Developer agrees to develop the multi-family residential portion of the site consistent
with the objectives and design guidelines for urban developments (Section B) and
residential developments (Section E) listed in the City's Design Manual.
c. A public stub street shat! be provided to the east property boundary for future connection
to Venable Lane
consistent with the block length requirements contained in UDC 11-6C-3F.2.
d.
e. Development of the subject property shall comply with the TN-R standards listed in UDC
11-2D-6.
f. Development of the multi-family portion of the site shall comply with the standards for
Exhibit B Page 2
access roads within he_ _ rossfi ld d veloament innclading Stanhnn~ to nrm~de
access to .the Sienanich oronerly. provided ther i~a a do anon of land by he o
ch to ACRD for fiiture ri h of wav for V nabl - .ane_ (lnnn S anhnn ;a
saved and right of wav is dedic_+_ted to ACRD for Venah_l_e i.a_np ar~ex~ t~ MT_
mnnich's oronerty s all be provided from S anho S ~'
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues with this application.
3. FIRE DEPARTMENT
3.1 ,Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %:" 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 4 %" outlets.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the proj~t.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved tum
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 For all Fire Lanes provide signage "No Parking Fire Lane".
3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.7 Operational fire hydrants, temporary or permanent street signs and access roads with as all weather
surface are required before combustible construction is brought on site.
3.8 Commercial and office occupancies will require afire-flow consistent with the Jntemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.9 Maintain a separation of 5' from the building to the dumpster enclosure.
3.10 Provide a Knox box entry system for the pool area and clubhouse prior to occupancy. Contact Rick
Jackson, Fire Department, at 888-1234 to coordinate access to kaox boxes.
3.11 T7ie first digit of the Apartment/Office Suite shall correspond to the floor level.
3.13 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
Exhibit B Page 3
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinker system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.15 There shall be a fire hydrant within 100' of all fire department connections.
3.16 Buildings over 30' in height are required to have access roads in accordance with Tye International
Fire Code Appendix D Section D10S.
3.17 Pool chemicals shall be stored in compliance with the Intemational Fire Code.
3.18 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point
to the building from the fire lane to allow for the movement of manual fire suppa~ession equipment
and gurney operations. The unobstructed brealas in the parking stalls shall be provided so that
building access is provided in such a manner that the most remote part of a building can be reached
with a length of 1 SO' fire hose as measured around the perimeter of the building from the fire lane.
Code complaint Handicap parking stalls may be included to assist meeting this requitement. Contact
the Meridian Fire Department for details per IFC Section 504.1.
3.19 The applicant shall meet with Joe Sr1va or Rick Jackson, Fire Deparhne~, to diercuss design of
Fire departme~ aerial access road.
4. POLICE DEPARTMENT
4.1 Tye Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
5.1 Tye Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY IIIG9WAY DISTRICT
7.1 tan 18 May 2005, the Ada County Highway District acted on MPP-OS-017, MCUP-0S-022, and
MAZ-OS-01 S for Crossfield Subdivision. The conditions and requirements set forth in that action
also apply to this application.
7.2 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. Tyis is a separate review process that requires direct plans submittal to the
Development Review staff at the Highway District.
7.3 A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a building ~ ~`~"
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
F.xh~bit B
Page 4
C. Legal Description ~ Exhibit Map
Tl9R-~o®e
A paccata~Jeod lvpa~d~ Qmas~Lot 3 ofd 1, T.3N„ R1W.. &A9.,
aswtl aporle~C AND. ~,, risfottdia$etolc4$ c+i`F~nBt
Pale 12dt17', ofA~fsCaaady, motopy~
llt Noah lA4 c~!rdear of.Seofioa~ 1, Sin w;ilhe Na~swest
a~seiul ae ia~ees Nam li8°~'32" w~d~t, 7.1~ '1'~ae aim tiraa~t loo cf
sal 1',ot3 Note 88°42'32"' 20.bQ $~.ip tiws RAG 8't~IIN't' ~F
BE~H~PIING.
Tl~e Sa18h 00°OT34° ..vo., ~ +vh~' ~ $]1t1A~ m1 ~'l ~ 4~ W.
s S1iP0t lying OII ~ F.l1lR i70t 0~8~id ta1c1 Vi8~ID0 N0.
'lie alarm add aeo North 89°14'36" R+ee~ 696.88 fse~
1Nortb ~°45'7,4~'>~, 316.OD fe~tta~the:~ta~
:~divisi~ No. ~, aie~1 pp~tt atso.he.~-8~e 7+ of
Crowd. No. 1, ~.ttad 8os n la Npedr9~ oi'1'lete at t211t5,
nnx~ds oPAda , l
~x alam~g ~a '~y ~l~d C~O~Geld Snb~vi~t IW~.1:
Nas4h 89°14.36" Weef; 41.63
Throe Nortb OI°1T28" F,asf,196.78 i~
Tines ~42~~^ &e8, 98:81
Thence Nou~t83°17'28" , 496 fit 3ua p~tof
'lbo4ece 102.148~tg~aac al:aos~eto~ti~,; i~avinga.~t~of
86,00l~, aoeeoicel~eof68°03OS",anda~obaaodNo
36°19'01" F.aat, 9tl~:i ~
The~oe Nor7h t11°1TZ8" Baet,179a2 l`oed~o a ptsi~ ~ the stioith lies of
said Bove i.ot 3;.
Theaec ab~ said ms'8i lion Sauth 88°42'32" Est, 473.10 ~ W flre Paint of
10.13 ~arei+. mn~e or less. ~-~
..
TRAY 4i ~
sa~>E~ooa~-~ma+a
Exhibit C Page 2
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PP2~POSED CRQSSFIELD ~ t
SU®pMS10P1 NO. 4 ~ ~ la[
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FR4~ISED fiNR ZONE ~
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8E.ffi p JB'19~1' E
s,s~ PROPOSED TNR ZONE
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Exhibit C Page 3
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation.from the Commission, the Council shall make a fuII investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from R-8 to TN-R. The City
Council finds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council fords that the variety of residential uses (i.e. attached and detached single-
family and multi-family residential), and density proposed on this site is consistent with the
purpose statement of the TN-R district.
c. The map amendment shall not be materially detrlmental to the public health, safety,
and welfare;
The City Council fords that the .proposed zoning amendment 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.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D