Waverly Place Subdivision CPAM-10-001 RZ-10-004 PP-10-003CITY OF MERH)LAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN+~-
~J
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map
to Change the Land Use Designation on 4.9 Acres of Land from Office to Medium Density
Residential; Rezone of 5.3 Acres of Land from the L-O (Limited Office) Zoning District to the R-8
(Medium Density Residential) Zoning District; and Preliminary Plat Consisting of 24 Single-Family
Residential Building Lots and 4 Common/Other Lots on 4.9 Acres of Land for Waverly Place
Subdivision, Located at 2510 Magic View Drive, by Scott Noriyuki, Northside Management.
Case No(s). CPAM-10-001; RZ-10-004; PP-10-003
For the City Council Hearing Date of: February 22, 2011 (Findings on March 8, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 22, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 22, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 22,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 22, 2011, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted August 6, 2002, Resolution No. 02-382 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.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-001; RZ-10-004; PP-10-003
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 Conditions of Approval all in the attached Staff Report for the
hearing date of February 22, 2011, 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 request for a comprehensive plan map amendment, rezone, and preliminary plat
is hereby approved per the conditions of approval in the attached Staff Report for the hearing
date of February 22, 2011, attached as Exhibit A.
2. A Development Agreement is required with approval of the subject rezone and shall include the
provisions noted in the attached Staff Report for the hearing date of February 22, 2011,
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 fmal plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years 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 (UDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-001; RZ-10-004; PP-10-003
2-
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of February 22, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-001; RZ-10-004; PP-10-003
-3-
B action of the City Council at its regular meeting held on the
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2011.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-10-001; RZ-10-004; PP-10-003
-4-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
February 22, 2011
Mayor & City Council
E IDIAN~--
LDAHO
SUBJECT:
Sonya Watters, Associate City Planner
208-884-5533
CPAM-10-001; RZ-10-004; PP-10-003 -Waverly Place
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Scott Noriyuki, Northside Management, has applied for an amendment to the
comprehensive plan future land use map (CPAM) to change the land use designation on 4.9 acres of land
from Office to Medium Density Residential. A rezone (RZ) of 5.3 acres of land from the L-O (Limited
Office) to the R-8 (Medium Density Residential) zoning district is also requested consistent with the
CPAM request. Lastly, a preliminary plat (PP) consisting of 24 single-family residential building lots
and 4 common/other lots on 4.9 acres is proposed.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, RZ, and PP based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on October 21, November 4, and
18, 2010, January 6, and 20, 2011. At the public hearing on January 20, 2011, the Commission
moved to recommend approval of the subiect CPAM, RZ, and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Shawn Nickel, Scott Noriyuki. Celeste Fox, Gene Fox
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Alston Jones, Woodbridge HOA,
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Anna Canning
b. Kev Issue(s) of Discussion by Commission:
i. The Commission commended the applicant on working with the neighbors to resolve issues
from the previous hearing.
c. Kev Commission Change(s) to Staff Recommendation:
i. Add the commitments made by the applicant pertaining to the material specifications for
the structures to the DA included in the email to staff dated 1/20/2011, as requested by the
applicant & recommended by the Commission (see Exhibit A.7 & Exhibit B #1.1.2h1.
d. Outstanding Issue(s) for City Council:
i. None
~, ummarv of Citv Council Public Hearin:
L In favor: Scott Noriwki: Gene Fox
11. In opposition: None
111. Commenting: Jim Wellman
lY. Written testimony: Woodbridge HOA: Scott Norivuki (An hn 'cantl
PAGE 1
EXHIBIT A
~ f presenting application: Sonya Watters
Yl. Other staff commenting en application: Anna Canning
]2~ ev Issues of Discussion by Council•
L he possible future extension of I~ckorv Wav from the north along the east boundary
of the site and fencin
setbacks for the lots that would abut the street
~, .
~~
Key Council Changes to Staff/Commission Recommendation
L Strike DA provision #1.1.2a that requires fencing to be setback 10 feet from the
property line - no setback is reauired per decision of the Counc 1
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-10-
001, RZ-10-004, and PP-10-003 as presented in the staff report for the hearing date of February 17,
2011, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-10-001,
RZ-10-004, and PP-10-003, as presented during the hearing on February 17, 2011, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-10-001, RZ-10-004, and PP-10-003 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 Address/Location:
2510 Magic View (Parcel No. 85443010063)
Located in the northeast % of Section 17, Township 3 North, Range 1 East
B. Applicant:
Scott Noriyuki, Northside Management
3106 Ridgeway Drive
Boise, ID 83702
C. Owner:
Mountain West Entrust 1RA/FBO Robert Mortensen
10096 W. Fairview Avenue
Boise, ID 83704
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a comprehensive plan map amendment. 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. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
PAGE 2
EXHIBIT A
Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter
5.
C. The subject application is for a preliminary plat. 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.
D. Newspaper notifications published on: October 4, and 18, 2010 (Commission); January 31, and
February 14, 2011 (City Council)
E. Radius notices mailed to properties within 300 feet on: September 29, 2011 (Commission): January
28, 2011 (City Council)
F. A public service announcement was broadcast faxed on September 29, 2010 (Commission) and
January 28, 2011 (City Council) regarding this
application.
G. Applicant posted notice on site by: October 10, 2010 (Commission); February 8, 2011 (City
Council
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential
properties surround this site at urban and rural densities.
C. History of Previous Actions:
• In 1983, this property was included as Lot 6 in the Amended Magic View Subdivision plat.
• On March 13, 2007, this property received the following approvals:
- Annexation and zoning (AZ-06-047) of 5.3 acres of land with an L-O zoning district
(Ordinance No. 07-1313). A development agreement was not required with annexation of the
property;
- Conditional use permit (CUP-06-030) for amulti-family residential development in an L-O
district consisting of 24 dwelling units within (6) four plexes; and
- Preliminary Plat (PP-06-049) consisting of 6multi-family residential building lots, 1
clubhouse building lot, and 3 common lots.
• On August 14, 2007, this property received the following approvals:
- Final plat (FP-07-023) consisting of 6multi-family residential building lots, 1 clubhouse lot,
and 4 common lots; and
- Vacation (VAC-07-010) of a portion of the existing right-of--way of Magic View Court that
was created for a turn around area. Because Magic View has since been extended to the west
through Woodbridge Subdivision, the turnaround was no longer needed. (Approved by
ACHD on February 27, 2008, Res. No. 837)
• An 18 month time extension (TE-09-011) to obtain the City Engineer's signature on the fmal
plat was approved by the Director on February 27, 2009 and expired on September 13, 2010.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently served from E Magic View Dr.
PAGE 3
EXHIBIT A
b. Location of water: Currently served from E Magic View Dr.
c. Issues or concerns: Sewer and water infrastructure have been constructed within this
development by the previous developer. This infrastructure has not been approved or
accepted by Public Works as to date. The applicant will need to re-sample and re-test all
utilities that are currently installed. Please contact Scott Steckline at the Public Works
Department (887-2211) for more information.
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the floodplain or flood way.
F. Access: Access for this site is depicted on the plat via Magic View Drive.
VII. COMPREHENSIVE PLAN/ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
The subject property is currently designated "Office" on the Comprehensive Plan Future Land Use Map.
Per the Comprehensive Plan (page 106), office designated areas: provide opportunities for low-impact
business areas. These include offices, technology and resource centers; ancillary commercial uses may
be considered (particularly within research and development centers or technological parks).
The applicant is proposing to amend the future land use map contained in the Comprehensive Plan to
change the land use designation on the subject property from Office to Medium Density Residential
(MDR).
Per the Comprehensive Plan (page 99), MDR designated areas allow a broader range of densities as well
as smaller lots for residential purposes. The MDR designation is intended to promote a variety of
housing opportunities including single-family homes at densities of 3 to 8 dwelling units per acre.
The applicant proposes to develop the site with 24 single family townhomes at a gross density of 5.2
dwelling units per acre consistent with the MDR designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for
the provision of all public services.
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 subject property in the
following manner.'
- Sanitary sewer and water service is provided to the property.
- The lands are serviced by the Meridian Fire Department (MFD).
- 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 (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will not
change.
PAGE 4
EXHIBIT A
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter VII, Goal N, Objective A, Action 6 -Require screening and buffering of commercial and
industrial properties and residential use with transitional zoning.
This property abuts a residential development on the north (Greenhill Estates) zoned RI in Ada
County and on the west (Snorting Bull aka Woodbridge) zoned R-4. Rural residential properties
consisting of S +/- acres exist directly to the east and south across Magic View Drive, zoned RUT in
Ada County. The future land use designation for the rural residential properties is Office;
commercial designated property exists to the east of Wells Street.
Staff is of the opinion the higher density and zoning (R-8) of the proposed residential development
will provide a transition between abutting lower density residential uses and existing and future
office and commercial uses to the east and south.
• Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The proposed medium density residential development planned to develop with townhomes will
provide another option in housing types for residents of the City.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
Staff is of the opinion the proposed medium density townhome development will be compatible with
abutting low density residential uses as they are intended to be individually owned residential
properties and provide a transition to existing and future office and commercial uses.
• Chapter VII, Goal V, Objective A, Action 4 -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.
Staff is of the opinion the proposed townhome development adds to the diversity in housing types
available in the Ciry. Additionally, the development is in close proximity to the interstate and
existing and future office/commercial uses and areas of employment.
• Chapter VII, Goal IV, Objective C -Encourage residential infill to utilize existing services.
Residential services (water and sewer) have already been installed on this property under
the previous land use approval.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and
update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which
must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how
these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
PAGES
EXHIBIT A
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The plan for this property is for office uses.
However, the proposed residential development would assist in providing a transition between the
lower density residential developments to the north and west and the office and commercial uses to
the east and south. To promote quality design, future development must comply with the City's
design standards.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and will still be available upon
development of the site.
c. Housing
The City of Meridian is charged with ensuring adequate and attractive living environment which
meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. Staff
believes that if approved, the proposed single-family townhome development would assist in
contributing to the variety of residential opportunities within the city.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from afarming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy with
regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
The subject parcel is currently identified as appropriate for office uses. The proposed residential use
of the property is compatible with adjacent residential uses to the north and west and would assist in
providing a transition to office and commercial uses to the east and south. However, the biggest
economic benefit to the City would be if this property develops with office uses as currently
designated.
e. Public Services, Facilities, and Utilities
City water and sewer service has been provided to the subject property. Because this property is
already within the City limits, public services such as police and fire protection are currently
provided to this property.
£ School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate school
facilities and student transportation. The school district has not indicated that it cannot accommodate
additional residences in this area of the City.
PAGE 6
EXHIBIT A
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the City.
Because this site was previously approved for 6multi-family residential lots consisting of 24 units,
Staff does not believe that the proposed plan amendment would negatively impact transportation
within the City of Meridian in this area if approved.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff does not believe that future residential development of this property will
significantly degrade the natural environment.
i. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
j. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
k. Recreation
Recreation resources within Meridian include 18 City parks totaling approximately 186 acres. The
City is in process of developing new park facilities. The City also maintains several pathways. This
site is not formally designated for recreational purposes.
1. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and
goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for
future residential, commercial, and industrial development. The Map is designed to be a projection
of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding
request for land use changes. Staff believes the surrounding residential, office, and commercial as
well as the zoning within the immediate area has deemed this property appropriate for higher density
residential uses as proposed, thus justifying the request the land use change to "MDR."
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and goals
of the Comprehensive Plan. The City of Meridian Planning Department will administer the
Comprehensive Plan and its policies, under the direction and supervision of the Meridian City
Council. The Planning & Zoning Commission is also authorized by the Council to review, approve
and make recommendations on proposals affecting the public's interest in land use.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees
do not unconstitutionally violate private property rights, and establish a consistent review process
that enable the City to ensure that any proposed actions will not result in an unconstitutional taking
of private property without due process of law. Staff believes that the requested Comprehensive
Plan Land Use Map change would not unconstitutionally violate private property rights. A
neighborhood meeting was held on September 8"' of which 11 of the neighbors attended.
PAGE 7
EXHIBIT A
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for 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.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists townhouse dwellings as a
principal permitted use in the proposed R-8 zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning
district and 11-2A-3 apply to development of this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): NA (a street buffer is not required for local streets in the R-8 district;
Magic View Drive is classified as a local street)
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: 13.7%
4. Tree Preservation: NA (there are no existing trees on the site)
E. Off-Street Parking: UDC Table 11-3C-6 requires townhouse dwellings with 2, 3, and 4 bedroom
units to have 4 parking spaces per unit; at least 2 in an enclosed garage, at least 2 spaces being a 20'
x 20' parking pad between access and garage. The building elevations depict two car garages with
concrete parking pads between the garage and the street. Parking shall be provided in compliance
with UDC requirements.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Background: In 2007, this site received CUP and plat approval for a multi family development
consisting of 24 dwelling units within (6) 4 Alex structures on separate lots in an L-O zoning district.
Although the plat has expired and is no longer valid, the CUP/PD is still valid as the use was
commenced with construction of streets and underground utilities as required within the time period
allowed by UDC 11-SB-6F. Under this approval, the applicant could proceed with construction of
(6) 4 Alex structures as previously approved without platting the property. However, if the applicant
wishes to develop the property with townhoues as proposed, the property will need to be subdivided
and rezoned as the UDC no longer allows residential uses in the L-O district.
COMPREHENSIVE PLAN MAP AMENDMENT: The applicant proposes an amendment to the future
land use map contained in the Comprehensive Plan to change the land use designation for this
property from Office to Medium Density Residential (MDR).
Because significant improvements such as public streets, sidewalks, and underground utilities have
already been constructed on the site for a residential development, the applicant now requests an
amendment to the future land use map and zoning map to allow residential use of the property so
that the existing improvements maybe utilized and the property maybe subdivided. The proposed
density of the development is 5.2 dwelling units per acre, the same density approved under the
original development plan, which is consistent with the proposed MDR designation.
In accord with the policies and goals contained in the Comprehensive Plan and listed above in
Section VII, Staff is of the opinion the proposed amendment is appropriate for this property. See
Section VII above.
PAGE 8
EXHIBIT A
REZONE: The applicant proposes to rezone the site, consisting of 5.3 acres which includes Magic
View Drive right-of--way, from L-O (Limited Office) to R-8 (Medium Density Residential) for the
development of 24 townhomes and a clubhouse with a caretaker unit. The proposed R-8 district is
compatible with the MDR land use designation requested with this application and the residential
density proposed by the applicant. The applicant has submitted a site plan included in Exhibit A.3
that depicts the building envelope on each of the proposed lots.
The rezone legal description submitted with the application (included in Exhibit C) shows the
boundaries of the property proposed to be rezoned.
Development Agreement: UDC 11-SB-3D2 and Idaho Code §67-6511A 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 believes that a DA is
necessary to ensure that this property is developed in a fashion that is consistent with the
comprehensive plan and does not negatively impact nearby properties. If the Commission or
Council feel that additional development agreement provisions are necessary, staff recommends a
clear outline of the commitments of the developer being required. Please see Exhibit B for a list
of DA provisions applicable to this site.
PRELIMINARY PLAT: The proposed preliminary plat consists of 24 single-family residential
building lots and 4 common/other lots on 4.9 acres of land. A clubhouse with a caretaker unit is
proposed on one of the common/open space lots (Lot 23, Block 2).
This development is proposed to consist of 24 attached, individually owned townhomes in clusters
of two sharing a common property line. Each dwelling unit is proposed to consist of a minimum of
1,100 square feet. The applicant envisions this development to be a retirement community for
folks 55 years of age and over.
Amenities: Amenities proposed with the subdivision include landscaped open space (0.70 of an
acre or 13.7 % of the site) and a clubhouse. The clubhouse contains a 26' 11 " x 35' common area
with a restroom, sink and counter area, and fireplace. A 2-bedroom caretaker unit is attached to
the clubhouse (see Exhibit A.6). The clubhouse/caretaker unit will be owned and maintained by
the HOA. Note: Because this site is less than 5 acres in size, the standards for open space and site
amenities listed in UDC 11-3G-3 do not apply to this development. Staff is in support of the
proposed amenities.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards of the proposed R-8 zoning district listed in UDC Table 11-2A-6 and 11-
2A-3. Several of the lots do not meet the minimum street frontage requirements.
Assuming that Lots 6, 7, & 8 and 13, 14, 15, & 16, Block 2 are served by common driveways,
these lots meet the minimum frontage requirement (common driveways are not called-out on the
plat). However, Lots 2, 9, 17, 20, and 21 do not meet the minimum frontage of 40 feet (30 feet is
only allowed for flag properties and properties with street frontage on cul-de-sacs or at
approximately a 90 degree angle measured as a chord measurement). These lots must be
reconfigured to meet the minimum frontage requirements with common driveways added; or,
reconfigured as flag properties as appropriate. Unless separated by a minimum 5-foot wide
landscaped common lot, all properties that abut a common driveway shall take access from the
driveway (UDC 11-6C-3D.5).
Building setbacks must be in accord with the standards for the R-8 district listed in UDC Table 11-
2A-6. The building envelopes shown on the site plan comply with the required setbacks.
PAGE 9
EXHIBIT A
Access: One existing access to E. Magic View Drive serves this development. The internal streets
are public and have already been constructed. There are no stub streets to this property from the
abutting residential developments. Note: The recorded plat for Greenhill Estates Subdivision No. 2
to the north depicts a SO foot wide stub street (Hickory Way) at the northeast corner of this site.
However, the stub street does not physically exist; it is unimprovedlunopened right-of-way. City
policy (as well as ACHD's) regarding stub streets is that they should be extended. However, this
discussion should occur when the adjacent S-acre parcel develops. Until that time, staff
recommends that the Commission and Council evaluate how this project will function if a public
street is built along the east boundary of the site.
Parking: Off-street parking is required to be provided for this development in accord with the
standards listed in UDC Table 11-3C-6C for residential uses as discussed above in Section VIII.
Fencing: No new fencing is proposed with this application. Because of the probable future extension
of Hickory Way from the north along the east boundary of the site, staff recommends any fencing
that is installed in this area be set back a minimum of 10 feet consistent with UDC 11-3A-7C.3 and
landscaping be installed and maintained to the subdivision boundary.
Building Elevations: The applicant has submitted two different building elevations and floor plans
for the proposed townhomes that are included in Exhibit A.S. The elevations consist of two (2)
single-story structures with two-car garages. Construction materials consist of a mix of horizontal,
vertical, and shake siding with stone veneer accents. Staff is in support of the proposed elevations
and construction materials. Staff suggests the applicant consider more color options for the
structures to promote anon-homogeneous neighborhood and add variety within the development.
A building elevation for the clubhouse/caretaker unit was also submitted which consists of a
single-story structure with horizontal and shake siding with stone veneer accents.
All structures are subject to the design standards listed in UDC 11-3A-19 and the guidelines in the
City's Design Manual.
Certificate of Zoning Compliance: Per UDC 11-5B-1B, a Certificate of Zoning Compliance
(CZC) application is required to be submitted for each of the proposed townhome structures. More
than one of the structures may be contained in the same CLC application.
Design Review: Per UDC 11-SB-8B.2, administrative design review is required for all attached
residential structures containing two or more dwelling units and the clubhouse building. As
applicable, the site and structures shall develop in accord with the standards listed in UDC 11-3A-
19 and the guidelines contained in the City's Design Manual. This application may be submitted
concurrently with the CZC application for each of the proposed structures.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B. The
factors influencing the recommendation are improvements such as underground utilities and
streets/sidewalks have already been constructed on this site for a residential development and
approval of this development would allow them to be utilized. Another reason for support that sets
this property out from adjacent Offzce designated properties is that the parcels directly to the east
and south also front on Magic View which will provide for office uses as a transition and buffer
between the existing and proposed residential developments and future commercial development to
the east of Wells Street.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map & Aerial Map
PAGE 10
EXHIBIT A
2. Preliminary Plat (dated: 9/15/10)
3. Site Plan
4. Landscape Plan (dated: 9/8/10)
5. Townhome Elevation & Floor Plan
6. Clubhouse/Caretaker Unit & Floor Plan
7. Additional Commitments Proposed by Developer Presented at the Commission Hearing
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
PAGE 11
EXHIBIT A
Exhibit A.1: Vicinity/Zoning Map & Aerial Map
PAGE 12
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 9/15/10)
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EXHIBIT A
Exhibit A.3: Site Plan (Revised)
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EXHIBIT A
Exhibit A.4: Landscape Plan (dated: 9/8/10)
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EXHIBIT A
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PAGE 19
EXHIBIT A
Exhibit A. 6: Clubhouse/Caretaker Unit Elevation & door Plan
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PAGE 21
EXHIBIT A
7. Additional Commitments Proposed by Developer Presented at the Commission Hearing
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PAGE 22
EXHIBIT A
B. Agency Comments/Conditions of Approval
On October 7, 2010, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works Department, and
Meridian Parks Department. Staff has included all comments and recommended actions in the
attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application
(stamped on September 28, 2010, by D. Terry Peugh, PLS) shows the property within the
existing corporate boundary of the City of Meridian (see Exhibit C).1.1.2.
1.1.2 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 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 be signed by the property owner and returned to the city within one year of the City
Council granting the rezone. The DA shall, at minimum, incorporate the following provisions:
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b. Off-street parking shall be provided on the site in accord with the requirements for
townhouse dwellings listed in UDC Table 11-3C-6.
c. All townhome structures constructed on the site shall substantially comply with the
elevations shown in Exhibit A.S. Further, there shall be a minimum of two different styles
of townhomes constructed within the development for variety.
d. The clubhouse/caretaker structure shall substantially comply with the building elevation
(including construction materials) shown in Exhibit A.6.
e. Development of this site shall substantially comply with the site plan and landscape plan
included in Exhibit A.
f. A Certificate of Zoning Compliance (CZC) application is required to be submitted for each
of the proposed townhome structures and the clubhouse structure. More than one of the
structures may be contained in the same CZC application.
g. An Administrative Design Review application is required to be submitted concurrently
with the CZC application for all attached residential structures containing two or more
dwelling units and the clubhouse structure in accord with UDC 11-SB-8B. As applicable,
the site and structures shall comply with the standards listed in UDC 11-3A-19 and the
guidelines contained in the City's Design Manual.
h. Development of the site shall be consistent with the material specifications provided
by the applicant included in Exhibit A.7.
1.2 PRELIMINARY PLAT
PAGE 23
EXHIBIT A
1.2.1 The preliminary plat, dated 9/15/10 submitted with this application included in Exhibit A.2 shall
be revised as follows:
a. Revise the plat to comply with the minimum street frontage requirements for lots in the R-8
zoning district listed in UDC Table 11-2A-6 and 11-2A-3.
b. Graphically depict and label the location of the common driveways.
c. Include a note on the face of the plat detailing which lots will take access from common
driveways. Unless separated by a minimum 5 foot wide landscaped common lot, all
properties that abut a common driveway shall take access from the driveway (UDC 11-6C-
3D. S).
d. There is an extra lot line shown on the east side of Lot 13, Block 2 that should be removed.
1.2 Comply with the standards for common driveways listed in UDC 11-6C-3D.
1.3 The setbacks, building envelope, and orientation of the lots and structures shall be shown as an
exhibit with the final plat application in accord with UDC 11-6C-3D.7.
1.4 A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall
include a requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment in accord with UDC 11-6C-3D.8.
1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent
fencing is not provided before issuance of a building permit, temporary construction fencing to
contain debris shall be installed around the perimeter. Perimeter, common open space, and
micro-path fencing shall be designed according to UDC 11-3A-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Magic
View Dr. 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 Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in E Magic View Dr. The
applicant maybe responsible to install two water connections for redundancy and fire flow
requirements. 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.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer..
PAGE 24
EXHIBIT A
2.6 A portion of this development lies within the Meridian Floodplain Overlay District. The
applicant will be required to submit a Floodplain Development Permit and secure approval
before any construction can begin. Permit approval may require development of Base Flood
Elevations, mapping of the floodplain and / or floodway boundaries, and analysis of the effect of
the development on the floodplain. Applicant should reference City Flood Damage Prevention
Code and coordinate with the Floodplain Administrator to verify requirements.
2.7 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 irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, alternate plans shall be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
2.8 Any existing 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)334-2190.
2.9 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.11 A letter of credit or cash 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.
2.12 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.14 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backf-ill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
PAGE 25
EXHIBIT A
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer 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.
2.21 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.22 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of
Meridian Department of Public Works, Improvement Standards for Street Lighting. All
streetlights shall be installed at sub divider's expense. Final design shall be submitted to the
Public Works Department for approved. The street light contractor shall obtain the approved
design on file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
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 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
4. POLICE DEPARTMENT
4.1 Comments have not been received from the Police Department on this application.
5. SANITARY SERVICES
5.1 Properties that are accessed by common driveways (as well as others) shall bring their trash to
the curb for pick-up.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Ada County Highway District has no site specific requirements at this time due to the fact that
all street improvements exist. The applicant will be required to pay all applicable platting and
review fees prior to final approval.
7. PARKS DEPARTMENT
7.1 Mitigation shall be required in accord with UDC 11-3B-10 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 100% replacement.
PAGE 26
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Rezone
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PAGE 27
EXHIBIT A
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PAGE 28
EXHIBIT A
D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDINGS
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an amendment to
the Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
The City Council finds that the proposed change to the Future Land Use Map is consistent
with elements of the Comprehensive Plan that promote compatibility and transition of uses
and zoning. See sections VII and IX above for more details.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The City Council finds that the proposal to modify the Future Land Use Map to allow for
medium density residential uses on this property would be consistent with abutting low to
medium-low density residential and future office uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The City Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
The City Council finds that the proposed amendment to MDR for future single-family
residential townhomes is consistent with the Unified Development Code; UDC Table 11-
2A-2 allows townhouse dwellings as a principal permitted use in the R-8 zoning district.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds the proposed townhouse development would be compatible with
abutting lower density residential uses and future office uses while providing a transition
between these uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. Sewer and water services have already been
installed on this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
The City Council finds the proposed single-family residential development resulting from
the proposed map amendment will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII and IX and the subject findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
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EXHIBIT A
2. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an 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 City Council finds the proposed rezone to R-8 and density is consistent with the
proposed MDR future land use designation for this site. Additionally, the City Council finds
the R-8 zoning and townhome development will provide a transition between existing lower
density residential uses and future office and commercial uses.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 zoning district and
development of townhomes on this property is consistent with the purpose statement of the
residential district in that it provides for a range of housing opportunities consistent with the
comprehensive plan.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds 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. However, as noted previously, the City Council fmds the proposed rezone is in
the best interest of the City.
3. PRELIMINARY PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following 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. Please see Comprehensive Plan Policies and Goals, Section VII, of the
Staff Report for more information.
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 are currently provided to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
Exhibit C
EXHIBIT A
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the property is currently serviced by City water and sewer and any other utilities will
be provided by the development at their own cost, the Commission 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
development;
The City Council finds there is public financial capability of supporting services for the
proposed development (see Exhibit B for more detail).
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the proposed development will not be detrimental to the public
health, safety, or general welfare.