Loading...
Hollybrook AZ 05-026ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .09 49 BOISE 1DAH012/23105 11:05 AM DEPUTY Bonnle06erbllllg IIIIIIIIIIIIIIIIIIIII~IIIII~III'lull RECORDED-REDDEST OF I 1 Meridian Ctry 165195857 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hollybrook, LLC, Owner/Developer THIS DEVELO MENT AGREEMENT (this "Agreement"), is made and entered into this ~ day of ce vh. , 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Hollybrook, LLC, hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WIIEREAS, LC. § 67-G511A, 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 enachnent of Ordinance I1-IS-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted arr application for anmexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner' made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject "Property" held before the DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE 1 OF ] 0 Planning & Zoning Commission, and subsequently before the City Council, include responses of governnent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4°' day of October, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refened to as (the "Findings"); and 1.8 WHEREAS, the Fiudings require the "Owner/Developer" to enter into a development agreement before the City Council takes Etna] action on armexation and zoning designation; and ].9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into tlils Agreement and acknowledges that this Agreement was entered into voluntarily and at its 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 ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. bEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE 2 OF 10 3. DEFINITIONS: Tor all purposes of this Agreement the following words, teens, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 00OWNER/DEVELOPER": rneans acrd refers ko Hollybroolc, LLC, whose address is 1 L 50 E. Usticlc Road, Meridian, ID 83642 the party developing said "Property" acrd shall include any subsequent 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 annexed and zoned R-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TIIIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 D which are herein specified as follows: Construction and develapuzent of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a frzture development in the R-8 Zone, and the pertinent provisiora of the City of Meridian Comprehensive Plart are applicable to this AZ OS-026 applicatdort. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated May 3, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE 3 OF 10 of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SIIBJECT PROPERTX: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will Itave to be removed from their domestic service, per City Ordinance Section 5-7-517, when services areavailablefromtheCityofMeridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions ofoperation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The applicant shall agree to the building footprints and elevations as submitted to the City Council on October 4, 2005 for ap lots (fisted in Block 4 of the September 21, 2005 preliminary plat. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenniuated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions GoverningDevelopment ofSubject]'roperty" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined iu Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to attd conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 05.026) HOLLYBROOK SUBDIVISION PAGE 4 OF 10 8.1 That the "City" provide written notice of airy failure to comply with this Agreement to "Owner/Developer"and ifthe "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, irrunediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the teens and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one ormore of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: °`City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner'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 rezoning ofthe "Propert}~' by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE 5 OF 10 13. REMEDIES: TlusAgreementshallbeenforceableinanycourtofcompetent jurisdiction by either "City" or "Owner/Developer", or by anysuccessor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13. ] In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such tlthty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be perforned hereunder by either "Owner/Developer" w' "City" is delayed for causes which are beyond the reasonable control of the pasty 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 oftitne of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certif ed check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation ofthe improvements, which the "Owuer/Developer" agrees to provide, if required by the "City". I5. CERTIFICATE OF OCCUPANCX: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in attyphase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE 6 OF 10 annexation if tite owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. I7. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer Hollybrook, LLC City of Meridian l 150 E. Ustick Road 33 E. Idaho Ave. Meridian, ID 83642 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, lD 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the pasties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SiJBDIVISION PAGE 7 OF f 0 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and arty other person acquiring an interest in the "Property". Nothing herein shall in anyway 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 teitnination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 2]. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zouhrg 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 hearings} in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shallbe effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in cormection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE 8 OF IO ACHIVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN de Attest: ~ ~I.,-,tee /Z /3-0.~ Cif`//e^~--~+ CITY CLERK FS.i•~.." aA 1 ~~~-~ ~~ I U~ J ,~~~I~1111111111111\\i\, DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE90F10 STATE OF IDAHO, ) County of Ada, ss: On this ~ day of ~~~~1~ p05, before me~, t"he undersigned, a Notary Public in and for said State, personally appeared _ ~Np ~yhM ~6~1® on behalf of Hollybrook, LLC, known or identified to me to be the l~~~h'- ofsaidcorporation,whoexecutedtheinshumentonbehalfof said corporation, and acknowledged to me that he executed the sazne. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. p ,~ ~~ ~. ~, ti ~~ ~ ~ ~.5~ ~ ,~~W-,f~S~ ~ i51^ ~~R~ ~ ~~ ( = (SEAL) - . t A ~~a ~ ~. p~~ = € ~.~ a ~ Q~~~ ~~• ~a~~~ ~ t ~''yrp'nc ~~"r.:ja STATE OF IDAHO ) Residing at: i~as~, My Commission Expires: ss County of Ada ) On this 1 ~ ' ~ day of 1,1K ~"'2 U~~ 2005, before me, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) JI~IGJ~~I'l ~tit,t~J Notary Public for Idahrro"_ /~ / Residing at: )~~1x ~I~llti ~~q Commission expires: ~~-/S~/~ DEVELOPMENT AGREEMENT (AZ OS-026) HOLLYBROOK SUBDIVISION PAGE l0 OF l0 l~:re&'~t~JZ~feEQ~E'~ ®~,~~E~ IE4~PC L~9a~EFg~F~f'~®k ~~~ R parcel located in fhe SW % of Section 31, Township 4 North, Range 1 East, Boise (~eridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking fhe southwest comer of said SW ~/, of Section 31 (Section Corner), from which 5/8 inch diameter iron pin marking fhe southeast corner of said SW % of Soction 31 (% Corner) bears N 89°58'55" E a distance of 2406.48 feet; Thence N 89°58'55" E along the southerly boundary of said SW % a distance of 1630.09 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°24'59" E along the easterly boundaries of Sundance Subdivision No. 4, as shown in Book 89 of Plats on Pages 10,226 and 10,227, records of Ada County, Idaho, and Sundance Subdivision No. 2 as shown in Book 86 of Plats on Pages 9,772 and 9,773, records of Ada County, Idaho, a distance of 1919.30 feet to a 518 inch diameter iron pin marking the northeast corner of said Sundance Subdivision No. 2; Thence along the southerly boundary of Sundance Place Subdivision No. 3 as shown in Boole 91 of Plats on Pages 10,640 and 10,641, records of Ada County, Idaho, fhe following described courses; Thence N 89°59'47" E a distance of 320.60 feef to a 5/8 inch diameter iron pin; Thence S 33°47'07" E a distance of 280.75 feet to a 5/8 inch diameter iron pin; Thence S 80°10'04" E a distance of 298.83 feet to a 5/8 inch diameter iron pin on the westerly boundary of Quenzer Commons Subdivision No. 4 as shown in Book 88 of Plats on Pages 10,105 thru 10,107, records of Ada County, Idaho; Thence S 0°16'52" W along said westerly boundary a distance of 307.74 feet to a 5/8 inch diameter iron pin on the northerly boundary of Weaver Acres No. 2 as shown in Book 38 of Plats on Pages 3,203 and 3,204, records of Ada County, Idaho; Thence S 89°49'28" W along said northerly boundary of Weaver Acres No, 2 and the northerly boundary of Weaver Acres No. 1 as shown in Book 28 of Plats on Pages 1,745 and 1,746, records of Ada County, Idaho, a distance of 653.56 feet to a 5/8 inch diameter iron pin marking the northwest corner of said Weaver Acres No. 1; Thence S 0°19'41" W along the westerly boundary of said Weaver Acres No. 1 a distance of 708.20 feet to a 5/8 inch diameter iron pin; ~~-(~I,~ (mac ~ ~l `l>cz~ l o~ 2 Thence leaving said westerly boundary S 0°13'57" IN a distance of 144.20 feet to a point; Thence fs 89°58'43" E a distance ofi 328.02 feet fo a 5/8 inch diameter iron pin on the westerly right-of way of Curt Drive; Thence S 0°18'51" W along said westerly right-of-way a distance of 4.72.76 leaf to a poinf on the southerly boundary of the SW % of said Section 31; Thence S 89°58'55" W along said southerly boundary a distance of 450.82 feet to the POINT OF BEGINNING. This parcel contains 15.62 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC March 23, 2005 REVI W VA f MERIDIAN PI1661C WORKS DEPT. ~ it.~.h ~{ .~ ~c1C6e 2, o ;~2 C~7C~' ®~' 1R>(DIAi~T F~1~1iA1[Na~S ~~' FACT, C®1~iCL,>CJ3YOI®T3 ®F .1<,Ai~ AI~ii3 D~CIr~1«N & ®)18D~~ In the Matter of Annexation and Zoning of 15,32 Acres front 1(dU~'/I21 (Ada County) to R-S (Nlodium Density Residential) AMID Preliminary plat Approval of lofty-three (53) single family residential Lots and Eleven (11) Common/Other hots AND Conditional Use permit Approvn[ for a Planned IDevelopment Consisting of reduced frontage and reduced setbacks, for Ilollybrook Subdivision, by Ilollybrooly I.LC. Case No(s). AZ-OS-026, CUP-OS-033, and 1'P-OS-025 For the City Council Bearing llate of: October 4, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public Hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public heating before the City Comtcil was posted upon theproperty under consideration more than oue week before said heaz~ing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Couttcil at the October 4, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Platuting and Zoning Cotnntission conducted a public hearing and issued a written recommendation on the subject matter to the Ciry Council. d• The City Council heard and took oral and written testimony and duly considered the evidetce and the record iu this matter- 2. Process Facts a. There has been compliance with all notice and hearing requiretnents set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailntg, and the Affidavit of Publication and Proof of Posting filed with the staffreport. ~~ ~•~l~t CITY OF MLRIUTAN FINUINCS OF FgCT, CONCLUSIONS OF LAW RAID UfiC1SION & ORpER CASBNO(S).AZ_OS-026/ PP-OS-025 / CLIP-OS-033-PAGE I of4 Application and Property Facts a. ht addition to flte application and property facts noted iu the staff repot vtd the Plamting C~ Zoning Recounnendafaort for the subject application(s), it is hereby verified that the property owner(s) of record at the tune of issuance of these findings is Hollybrook, LLC. 4. Requhed Findings per Zoning and Subdivision Ordinance a. See attached staff report for findings related to all applications. 13. Conclusions of Law 1. The City of Meridiazl shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Titre 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zonittg, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and al] current zoning maps thereof. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolutioar No. 02-382 and Maps, 3. The conditions shall be reviewable by the City Council pursuant to Meridiazt City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the goverrunental subdivisions providing services in the City of Meddian planning jurisdiction. 5- It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works 1]epaztment and any affected party requesting notice. That this approval is subject to the Legal Descriptions, the PreliminaryPlat dated September 21, 2005, the Site Plan dated .Tiny 14, 2005, the A.rmexation and Zoning Comments, the Preliminary Plat Site Specific and Standard Conditions of approval, and @te CUP/PD Site Specifrc and Standard Conditions all contained ht the attached staff report. 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 CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). AZ_05-026 / PP-OS-025 /CLIP-05.033-PAGE' 2 0£4 Pursuant to fire City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered tlxat: 1. The applicant's Prelinxinary Plat as evidenced by having submitted the Preluninu-y Plat dated September 21, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted tlxe Site flan dated Jttly 14, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions contained in the attached staff report D. Notice of Applicable Tune Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the reguirements set forth in the conditions of approval, acquire building permits and eomtnence construction ofpermanent footings or sfiuctures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specif ed in fihe application and to the commission and comxeil a construction schedule and complefion date for the project. If the colpletion date specified for tho project is exceeded, the conditional use application shall become null and void. TIowever, the applicant may submit an applicatfon for a time extension on the project for city council review. The application for time oxtension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments ox multiple phases, such phases shall be constructed within successive intervals of one year fi~om the original date of approval by the council. Tf the successive phases are not submitted within one year intervals, the conditional approval of the future phases slxall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice Ihat after the date of approval of the preliminary plat, the owner or developer shall have one year within which to fi]e the request for approval of the final plat. ABer approval offinal plat, the owner or developer shall have one year to begrn construction of the public utilities and one year therealler to complete construction of those public facilities. (MCC 12-2-4.B & C.) I/. Notice ofFinal Action and Right to regulatory Takings Analysis 1 • The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in tuxiting, and must be filed with tlxe City Clerk not more than twenty-eight (28) days after the final decision CITY OFMERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-oS-026! Pp-OS-025 /CUP-OS-033-PAGH 3 oE4 concerning the matter at issue. A request for a rel,*ulatory takings analysis will toll the hirne period within which a Petition for Judicial Review may be bled. 2. Please take notice that tltis is a final action of the govetrting body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person wJ,ro has an interest ur real property whic$ may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight {2&) days after tlra date of this decision acrd order seek a judicial review as provided by Chapter 52, Tiile 67, Idaho Code. F. Exhibits: See attached Staff Report By action of the City Council at its regular meeting held on the ~{ ~ da of ~.iIVYl?J~,~ ~- ZODS. y COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CIiRISTINE DONNELL COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED L (~- VOTED ~i(,•~ VOTED ~,Qt~ VOTED2•~QQVG VOTED -'°' Attest;-. \~,ot` .`~~ C)'~ Weerd Williaur G. Berg, Jr., City Copy served upon .Applicant, The Pl~ru~'i and City Attorney. Public Works DoparGneut BY~ VV /~ ~~l')c~,c`-Y~i~..1 Dated: ~t~ '~ D7~ y~ City Clerics 0 ceffi CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1S10N & ORDER CASE NO(S). AZ-OS-026 / PP-OS-025 / CUP•OS-033- PACE 4 of4 A. ~rnwLags 1. Prelimissnry flat (doted: July IA, 2UU5) F 8{ "{= fU g -j ~ .. -,~y y .ncq r,~ x w II CF ~ I ~' - I I ~~ f~~l1lfai~~lg o ii _ ? i~. ~~ Cd ~ 'a ~ 4~ ~- of ~?~i airs Rp~a{~lf89a1~ l of;E ~X+~ a {~S'fy{!~ ~~1 iS I~ [ # ,ea l~~~,.._i6~s R'~•~,::. set g ~i~=;es,~§~~~'e+ E f. I~ ~~ ~ll ~ " ~ 7 f:+ $~e+ et e: f ~ E~ {~" a E +1 a Sh g~ f~, . { a ~ ~ r63f {If f ap +'ie ~ie9~r_ e~e f. r~f+~ s ~f{apil°i ~ ~~ . E.yF(,, ; af. uFi p>e° R a @~ N . s ~ ~e a~ a ar' ; f't, p 1{ 4; 'il' ~e {~ i a F~ 'iSs§..f`tl e a~{:i 5{eJss i~ !. ' a a {le ~ 3 7~ I {~f ~' f Rf I Yf~ ~{~i ~.idgOf : ~ + . !i [ E'6~ay~ ` 9SF~'ij ~ ~~ fa II yld' 1 e f e~' 3 ~ "' )S', l ~at ~~~a? +l!1 ~ .e[a~c ~ ! to i' ql~ •' , si ! "R tai; ~esR;" -.aa.. F ){ f~ls _` {- p f. A Hollybrook Subdivision Drawings BXHIBiT A m ~~ 1C~ 3 11 ~~l!~ z f i( n ~ A I 8 I z o T ~b mm I r mx~ ~ irrk~ f omy g~o ~~ao noF ~w~ xo0 o=y ~~o O~a 92 P z m y CITY OF MC+RiDIAN pLANNDJG AND 2pNING DEpA,RTMENT STApF REPORT. QUESTCONS?CALL (208) 88h-5533 1.~ s vw. wx~ Q '' r q ~ Is ~ ~~ ~I i ~ . ~ -.. ~ j'I, ', o ! Ii It11P~v E1i C i F i°"~ i E[q;i i '~~i t~ i n e i 'eY ! n 1 I i :; { t 1 -''a - ~~~ 7; '1}lei. t'''.! 'iI i`iii'f S~ f 7FI~ !'3 ~iii~° !I'q ~ ~(i u ~~(( ~ # ~ yp, +iulla?V:. ~ i~ ~I~ iii R j ~.._J__.-. .. ~ ~ ..~~~ #~ ~~,~~t~l ~y ~~w'~ ~ k3 ~~..~- Sq# _ ~;i.,..~ ~ r ~ ~. S' lii ~ ii Ei iI q _.~~~ _ at --• ' ^~ [a ;1„ w.a • ~ ~;~ F3~ I •1 ~~ 6.I~ ~~ y 2 ~a J,,I_:._., ~:j.J ~ +1 \- ~~ 1 Q ~Ij e_ SS77) 3 ~ fF I~I~~.~t~ r. ..ii ~. ! I'~• ~I 1 ~ ~~ i_.-- .I' ~~ ,i EF i~' ..- ii r'C~ li ii ir'I~ t ! flt fi ; ~' Hollybrook Subdivision DratWngs FXHCDIT A CITY Ql° MERIDIAN PLANNING ANULONING bEPAATMENT STppP R$PORT. QUESTIONS? CALL (208) BS4-5533 2. CIJP Site Pfan (dated: July ]4, 2005) 9~ ` i d 1 9m I. I .~~ ~~ t li i$5 - ..t I ~- j~i.E 6~1~ ~!9§~IE~f~~ aY fdO~eB.~f{n' c eS ~.: l~i:I. e 1 c.r. °`i 2]2 ~{F $~ ~~ a~~p t ~._- ~ sE 9~ .~.~. ;, Ea- ~tl ~` ` ~ } n fi bf ~ _ A ~ 1b ~~ ~ I j ..954 ~ W ~ I i ~ j= ~ i ~ ¢:;~ 4~S I '• 4~~ ill 1 , s pp ['~ i t ~ iFJI ; >nru.li ' ~~ R¢¢ -~ tt f 4 E ~~~~ II _ d Oi ~ ... TFI4 a .,.r ~6~j' l ~gg i II'~t , d" ~ p ~ t 0. a~ 'I l ~I ~'1 i Fl t ~' ~~!~~I~~j ~ ; ~ ~ ~g ~ .r ~ ~ {~:g8$ Bi~kii dSi' ~~i5~;ei; ~.~ Hollybrook Subdivision Drawings EXH161T A Pm pb CN Y O 2 D O Z 0 T t I I p vn t @ q- s a RI .---.. m~ gs t gf~ , n ~"oz w s€ta;ia4i~~~ a ~=s ssoma I o :.. I rosy •~.. tj 080 ,.I tTi n~K W ~~S Z rn _ s ~~'m Oaf 'ta ~, te~t5 a !- a g i pp it 9,~e fjeii {~iQi @ 8@lil{~8~ n!d{~{d 7!$j IE bi~3{~ ~ [{'I€ 6F ,;. ii yyic e.a.i ,~e~c ~ t f "~~ '!~i A` egi . c d C {ii; S@'t • "+jul~ g~~t4~y5~ i i 5B~ f t.- Ep ~ ~yI i t tid ~19:. ie,tlF I ~$~~E•F ~ ` !~"~ Ii~~ 3` ve r ~ f Is ~{r"- BBdi : ~ e`er : C . [x(t E u t - $ y~, '{. ~ :5. !e'$dn a !t~•f.7 ~n ~ie~ 7f riE i C t ~;: E~~. °B~lC ;tlt~k~t r {,fit ~ ,f.~ E m CIT\' OP MERIDIAN PLANNING A.ND ZO1.~ING DEPARTAIGNI' STgFF REPORT QUESTION87 CAtI- (20S) 584-5539 3. Landscape: p€aR (dated ApriE Y5, 2005) (~ to y i r~ ,~' ~ ~ ~ ~f~3~~~ n ~ ~ J a Jje e~f,7 s ~ p p1 ~~~p f~ g R ¢p d r Yi ~p~ Y `i€ ~ l ~r ~`~ Q ~ f Y I 5® ~ f M u p I I ~ E&f6i i ! : ~}i! f~ a€ i ~ ~ I~ ~ € •~ i E€t€.£ FiffF ~~ EE[EEE EEE33E EE ~ ~~~`~i633E~9~ i~ d~~8~~~~sa1~i~g ~ 6e ~z$~~,99~~EM ~~~~i . t(f ~~~l ~. . iii ~~~ita..~ 4~1 1 ! 5i~Et:, O If ~j~~13 Ii ~ L e~~a1i6 7 ~ ~ ~ ~ ~ ~~~ 1 yyyy oiJ~~ge in i ei i :. I~~ ~97717Z D 1 = e + ii SSSv I ~ HoltybrookSUhdfvlslan ~ I :.uc Meridian, Idaho :: ba ~ Mkt 11bC]p.} HoRybrook Subtll~s~on Drawings EXHIBITA $, Conditlons of Approval 1 Platvring Deparlrnent 1.1 SITE SPECII'IC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliutinary plat labeled as PP-1 prepared by Erickson Civil Incorporated, dated September 21, 2005, is approved, with the conditions listed hereht. All comruents/conditions o£ the accompanying Annexation/Zoning (AZ-OS-026) and Conditional Use Permit (CUP-OS-033) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-OS-025). ] .1.2 Place a note on the face of the final plat stating that all future &~ont garage setbacks shall be 20- feet as measured from the property live or the back of sidewalk, whichever is more restrictive. 1.1.3 Prior to the City Engineer's signature of a final plat containing all structures not contahled on a designated lot shall be removed. 1.1.4 The submitted landscape plan prepared by Tsrickson Civil Incorporated., dated April 15, 2005 is not approved as submitted. The following should be included in a revised landscape plan prior to final plat: 1.1.5 bepict and construct a 10-foot wide grauel shoulder on Ustick Road abutting the site, with the remaining portion of the righC-of--way being landscaped with lawn or other vegetafivc groundcover. 1,1.6 All micropaths within the proposed subdivision (Lot 17 Block II) shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9, 1.1,7 All common lots being used for traffic calming purposes shall be landscaped in accordance to MCC 12-13 1.1.8 All amended lot locations of the approved Preliminary Plat dated September 21, 2005 shall be landscaped as per MCC12-] 3. A landscape plan shall be submitted priorfo final plat showing the landscaping in relation [o these changes. 1.1.9 Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval ofthe Planning & Zoning Department. 1,1.1 O All areas approved as open space shall be free of wet ponds or other such nuisances. All stonrr water detention facilities incorporated into the approved opon space are subject to MCC 12-13-14 artd shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated sutfiace materials shall not be used in open space lots, except as permitted, under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. )f the storm water detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of fmal construction, 1.1.11 All road drainage shall be contained on site in the drainage lots or in roadside swales as depicted. 1.1.12 Alt 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 MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written Hotlybrook Subdivision Conditions afApproval EXHIBITB CI1Y OP Mti2lDIAN pl-ANNING AND 7,oNING DEPARTMENT STAPf REPORT. QUESTIONS? CALL (206) 884-5533 approval or non-approval submitted to the Public Works Department. If lateral users association. approval can not he obtained, alternate plans will be reviewed and approved by the City Engineer prior to heal plat signature. LL 13 A detailed fenchtg plan shall be submitted upon application of the final plat, 7f permanent fencing is not provided, temporary construction fencing to contain debris must be installed. arocuid the perimeter prior to issuance of buildurg permits. All fences shall taper down to 3-feet maxinrtmi within 20 feet of all right-of--way. All fencing shall be installed in accordance with MCC 12-4-10. 1.1.14 Maintenance of all conunon areas shall be the responsibility of the Hollybrook homeowners' Association. 1.1.15 pkher thvt rho public street access approved by ACRD, direct lot access to Ustick Road and Ciut Drive aze prohibited. A note shall be placed on the final plat restricthtg access to Ustick Road and Curt Drive. 1.1.16 The applicant shall contact the street naming comrnittee to determine the names for the unnamed cul-de-sacs and the connection of Curt Drive and North Arrowwood Way contained in the revised preliminary plat dated July I4, 2005. 1.1.17 The applicant shall revise the drawing dated September 21, 2005 to reflect twelve (12) lots along )31ock 4. 1,2 GEN$RALIt$QUIIZEMENTS-PRELIM1I~tARyPLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.4 Staff's failure to cite specific ordinance provisions or teams of the approved annexation/conditionalnse does not relieve the applicant of responsibility for compliance. 1,2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 13 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 The Platmed Development site plan labeled as Pb-1, prepared by Erickson Civil Incorporated, dated July ]4, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ_OS-026) and Conditional Use Permit (CUP-OS-033) and Development Agreement shall also be considered conditions of the Freliminary plat (PP-OS- 025) 1.3.2 The project shall conform to the R-8 dimensional standards, except as follows for Lots 2-17 of ]31ock 4: 1,3.3 Minimum frontage: 55-feet 1.3.4 Minimum lot dimensions: 4,428 sq ft. 1.3.5 The front setbacks for living spaces shall be fifteen feet for all lots contained in Idollybrook Subdivision with a minimum of twenty feet to garages from the hack of sidewalk. Hollybrook Subdivision Conditions of Approval EXHIBIT B C]T1' OF MERIDIAN AI ANNING qND ZONING llEPARTMENT STAFF REPORT. QUEST10N57 CALL (20S) SS4-5533 1.3,6 Constmction within Hollybrook Subdivision shall substantially comply with the elevations submitted by the applicant. Coustructiou materials used on fhe struatm•es shall be approved by the City of Meridimi Building Department and hi accordance with the most recent IJniform Building Code. 1.3.') All conshuction within Hollybrook Subdivision shall be single family detached homes and built within the limitations outluted within this report. 1.3.8 All amenities proposed for Ilollybrook Subdivision shall substantially comply with the designs proposed on the site plan labeled PD-1, dated July 14, 2005. 1.3.9 All traffic control structures shall be designed and landscaped in accordance with Meridian City Code. These structures shall be maintained by the Hollybrook Homeowners Association. There shall be na on street parkh~g within fifty feet of any traffic centre] structure, the applicant shall appropriately mark and sign these areas. l .3.10 A gazebo shall be added to one of the landscaping lots located along Block 4 of the plat. dated September 2I, 2005. 2 PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this site is master planned to drain to the While Trunl~ and is being proposed via an extension of mains located in Sundance Subdivision. The applicant will be responsible to construct sewer mains to and tln•ough this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, For any mains Wet are required IA provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. 1f cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 22 Water service to this site is behtg proposed via an extension of water mains located in Sundanee and Quenzer Subdivisions and Ustick Road. This proposed development is situated directly north of Ustick Road. Ustick Road is a boundary line between two zones of differing pressures. The applicant shall be responsible to install a PRV vault, location to be coordinated with City of Meridian Public Works. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City ofMeridian standard forms of easements, for euy mains that are required to provide service. Coordinate main size and routing with Public Works, 2,3 The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The Cily of Meridianrequires that pressurized irrigation systems be supplied by ayear-round source of wafer. If the pressurized irrigation system withht this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize 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 shall be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. Hollybrook Subdivision Conditions of Approval EXHIBIT li CL1`Y OF tvll;[L[D1AN PLgNNiNG AN D ZON I HG bEPAATM ENT S TAFF ltl:PORT. QUESTlONS7 CALL (208) $BrI-SS33 2.4 Ail existing domestic wells and/or septic systems appurtenant to the existing stntctures witlin chic project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 2.5 The applicant sha(1 be responsible for the payment of sewer and water assessments, as well as the actual physical connection to Ute mmticipal services for the existing home on Lot 5, IIlock 1. 2.6 AI(grading of the site shall be perfomeed in eoufonnance witlr MCC 11-12-3II, 2.7 A letter of credit or cash surety in the amount of 110% will be required far all fencing, landscagiig, pressurized irrigation, sanitary sewer, water, etc., prior to signature ou the final plat, 2. S Street siows are to be in place, water system shall be approved and activated, fencing installed, drainage lots constntcted, road base approved by khe Ada County IIigbway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 All development improvements, including but not ]ixtited to sewer, £enciug, micropaths, pressurized irigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2,10 Coordinate Sre hydrant placement with the City of Meridian Public Works Department. 2.11 Two-hundred-fifty and one-hundred-watt, high pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. TypieaL locations are at street intersections and/or fire hydrants. Final design locations and quantity are detemrixeed after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works bepartment prior comm~encimg installations. 2.12 Submit any up-dated groundwater/soils mottitoring data, as collected and analyzed by a soils scientist, to the Public Works Department forreview. 2.13 The applicant shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results must be submitted to the Meridian Building ]]apartment for all building pads receiving engineered backfill, where footing would sit atop fill material. 2,15 Applicant's engineer w]11 be required to submit a signed, stamped statement certifying that all street fnrish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of crawl spaces isone- foot abovethis elevation. 2.16 The applicant shall be rcquired to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on flee final plat per Resolution 02-374. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Hollybrook Subdivision Conditions of Approval L+XIllB[T 4 CTTS' OF MBRTpIAN I'LANN[NG AND ZONING. pLPARTMENI' STAFp REPORT. QUESTIONS? CALL (203) 854.5533 2.19 Applicaui shall be responsible for applicaliou and compliance with any Section 404 Fernutting tlrat may be required by the Army Corps ofEngiueers. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3Iq. 2.21 Cotnpaction test results shall be subnutted to the Meridian Building Department for all building pads receiving engineered backftll, where footing would sit atop fill material. 3 MERIDTANFIREDEPARTMEIdT 3, I One and two farmily dwellings will require afire-flow of I,000 gallons per minute available for duration of 2 hours to service the entire groject. Fire hydrants shall Ue placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance o£the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Deparhnent for bacteria testing. 33 Final Approval of the fire hydrant locations shall be by rho Meridian Fire Department. 3.3, I Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. 3.3.2 The Fhe hydratrt shall not face a street which does not have addresses on it. 3.3.3 Fire hydrant markers shall be provided per Public Works spec. 3.3.4 locations with fire hydrants shall have the•curb painted red 10' to each side of the hydrant location. 3.3.5 Fire Hydrants shall be placed on corners when spacingpermits. 3,3.6 Fire hydrants shall not have any vertical obshuctions to outlets within 10'. 3.3.7 Fire hydrants shall be place 18" above finish grade, 3.3.8 Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 The phasing plan may require that any roadway greater thaw 150' in length that is not provided with an outlet shall be required to have au approved tum around. 3,5 All entrance and internal roads shall have a fuming radius of 28' inside and 48' outside radius. 3.6 Al] common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Operational fire hydrants, temporary or permanent street signs attd access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The roadways shall be built to Ada ConntyHighway Standards cross section requirements and shall have a cleaz driving surface, available at al[ times, which is 20' wide, Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.9 Thegroposed 55•lot subdivis]on with an estimated 2,9 residents per household would have a total estimated population of 165 residonts at build out. 3.10 Where a portion ofthe facility or buIIding hereafter conskmcted or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as Holtybxaok Subdivision Conditions of Approval EXIi[BIT 13 CI1`Y OF MGRIDIAN PLANNING AND ZDNINC bEPARTMEN'1' STAFF REPORT. QUESTIONS? CALL (2pg) gg4.5533 measured by art approved route around the exterior o£the facility or brilding, on-site fire hydrants and mains shall be provided where required by the code official. Por buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 khe distance requhement shall be 600 feet (183). 3,10.1 Por Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.10.2 Por builduigs equipped rluoughout with alt approved automatic sprinkler system installed in accordance with Section 903.3.1,] or 903.3.1.2, rho distance requirement shall be 600 feet (183 m), 3.11 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4 PARKS DEPARTMENT 4,1 Standard for Mitigation of trees: The standard established in the City of Meridiar Landscape Ordinance (MCC 12-13-13-6) will be followed. 4.2 Standard Plan for Protection of Existing Trees during Constmction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 4.3 The open ditch along Ustick Road shall be tiled and maintained iu accordance with the City of Meridian Landscape Ordinance. 5 ~'~'_ COUNTY HIGHWAY DISTRICT 5.1 ACHp Site Specific Conditions of Approval 5.1,1 Dedicate q0-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation o£the fmal plat, The right-off way purchase and sale agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-o£--way if the owner submits a Letter of application to the impact £ee adwirristrator prior to breaking ground, in eceordance with the ACHD Ordinance in efFect at that time (cun~ently Ordinance #200), if funds are available. 5.1.2 Construct a S-foot concrete sidewalk on Ustick Road abutting the entire site. Construct the sidewalk a minimum of 4t-feet from the centerline of Ilstick Road and provide the District with an easement for the sidewalk, 5.1.3 Couslrtret Curt Drive as one-half of a 36-foot street section with vertical curb, gutter and sidewallc, as proposed. 5.1.4 Extend Washakie Street from the west property line approxirately 395-feet south of the north property ihte, as proposed. 5.1.5 Extend Washakie Street from the east property line approximately 130-feet north, of the south property line, as proposed. 5.1.6 Construct the internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-£eet ofright-of--way with the exception of Washalde Street, as proposed. Submit a letter from the Meridian Fite Department that approves the reduced street section. Hollybrook Subdivision Conditions of Approval EXHBITB C1TY Or A4ER1p1AN PLANNING AND ZONING llGPAR'CMCNT STARP REPORT. QUESTIONS? CALL (208) 68-0.5533 5.1.7 Construct Washalde Skeet as a 33-foot street section with rolled curb, detached concrete sidewalks on both sides of the roadway within. 50-feet of r9gltt-of--way. Submit a letter &•om the Meridian Fhe Department that approves rite reduced street~stectiond a 4 or 5-foot S.1.S Construct West Atrowwood Wa DIRECTLY align with a roadway that is located on thsa so ttll s de of Ustiek Road ro art P P Y line to 5.1,9 Construct one knuckle without a center island within the subdivision, as proposed, 5.1,10 Construct two cut-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the tumarowrds to provide a rtrinimum turning radius of 45-feet. 5.1,11 Modify the site plan to include traffe cahniug devices on Washalde Street and Anowwood Way and submit the design to District staff for final approval. 5.1.12 Other than the access point that has specifically been a roved W access to Ustick Road is prohibited. A note stathtg the a c ass restriction ro Usti ktRoad will be required on the final plat. pP direot lot 5.1.13 Comply with all Standard Conditions of Approval. 5.2 ACRD Standard Conditions ofApprova] 5.2.1 Any existhrg irrigation facilities shall be relocated outside ofthe right-off way 5.2.2 All utility relocation costs associated with improving street frontages abtrtthtg fire site shall be home by the developer. 5.2.3 Replace any existing damaged curb, gutter and sidewalk and any that Wray be damaged during the construction of the proposed development, Contact Construction Services at 387-6280 (with file number} for details. 5.2.4 Utility street cuts in pavement less than five years old aze not allowod unless approved in writing by the listrict. Contact the District's Utility Coordinator at 387-6258 (with file numbers) £or details. 5.2,5 'All design and construction shall be in accordance with tho Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer re ister State of Idaho shall prepare and certify all improvement plans. g ed bt the 5.2.G The applicant shall submit revised plans for staff approval, prior to issuance of buildin (or otherrequired permits), wlilch incorporates any required design changes. 5 2 7 g permit Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.8 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact P'ee Ordinance. 5.2.9 It is the responsibility of the apph~t to vezify all existing utilities within the right-of--way. The applicant at no cost to ACHp shall repair existing utilities damaged by the applicant. The applicant shall be zequired to call DIOLIIVE (1-800-342.1585) at least two full business days prior to breaking ground within ACHD right-af way. The applicant shall contact ACHD Ttaffio Operations 387-6190 in the event any ACHb conduits (spare or filled) are compromised during any phase of construction, Hollybrook Suydivision Conditions of Approval EXHIBIT B CITY OP MBRIDIAN PLANNING AND ZONING bEPA2TMENT STARP kEPORT. QUESTIONS? CALL (208) SE4-5533 5,2.10 No change ht the teens and conditions of this approval shall he valid unless they are in wtithtg and sighed tty the applicant or the applicant's authorized representative and au authorized representative o£ the Ada County FIighway bistrict. The burden shall be upon the applicant to obtain written confirmation of any change fi'om the Ada Cowtty Highway biscrlct. 5.2.11 Atty change by flte applicant ht the planned use of the properly which is the subject of this application, shall require the applicant to comply with ail rules, regulations, ordinances, plans, or other regulatory and legal restrictions In foroe at the time the applicant or its successors iu interest advises the FTighway District oFits intent to change the plamied use of the subject property unless a waiver/variance of said requireutents or other legal relief is granted pursuaztt to the ]aw in e£Fect at the time the change in use is sought. I{ollybrook Subdivision Condi[lons of Approval EXIiiBIT B C. Legal p)escriptioru Boerndarvbes nation Holtybrpok LLB A parcel located fn the SW / of Section 3i, Township 4 ryorlh, Range 1 East, 6oise Meridian, Ade County, Idaho, more partitularty described as follows; Commencing el a brass cap monument marking the aouttnyagt comer of 8altl SW '!. of Section 31 (Section Comer), from which 5/8 Inch diamoter iron pin marking the southeast comer of said SW '/. of Secfion 31 Cl CornaQ bears N 89°58'55" E a dieWnce of 2406.48 feat; Thence N 89°58'65" E along the soulhedy boundary of said SW Y, a distance a{ 1830.09 feat to a 5/B inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said souarady bouhdary N 0°24'59" E along the easterly boundaries of Bandanas Subdivisfon No. 4, es shown fn Book 89 of Plats on pages 10,228. and 10,227, records of Ada County; Idaho, and Sundance Subdivision No. 2 as shown in Book a6 of Ptals on Pages 8,772 and 9,773, records of Ada County, Idaho, a distance of 1919,30 feet fo a 5/8 inch diamoler iron pin marking the northeast comer of Bald Sundance Subdhrision No. 2; Thence along the soulhedy boundary of Sundante Place Subdivision No. 9 ae shown in Book 91 of Plats on pages 10,840 and 10,641, retards of qda Counl, Idaho, fhe following described Courses; Thence N 89°59'47° E a distance of 320.80 feel to a S!5 inch dlameler iron pin; Thence S 33°47'07" E a distance of 280.76 foal to a 5I8 fndr diameter iron pin; Thence S 80°10'04" E a distance of 298.63 teat to a 5!8 Inch dlemeter iron pin on 16ook88tafPlateuondPages 0~,105thnr10, p7grornr~d of AdaCaun~ Idalwn in Thence S 0'10'52" W along aald weslery boundary a dfatance of 307,74 feat to a 6/8 Inch dtemeler iron pin an fha northerly boundary of Weaver Acres rya 2 as shown in Book 38 of Plats on pages 3,203 and 3,204, records of Ada County, Idaho; Thence S 8g•gg~2g° yy along said northeA boundary of Weaver Acres No, 2 and the northery boundary of Weaver Aaes y 1,745 and 1,746, records of ado CaunNo. 1 as shown In Book 28 of play on pages dlamoter iron pin marking the northwestt Delmer of said fW oe of 853.56 feet M a 5/8 inch eavar Acres Nb.1; Thence S 0°18'41" W along the wesledy boundary of sold Weaver Aer~ No. 1 a dislanco of 708,20 feot to a 6/e Inch dlemeter Iron pin; Hollybrook Subdivision EXHIBIT C CITY OF MIiRIDIAN P],ANNANC AND Z,ONIN(; DepARTMEIQT sTApP 12L'PORT. QtJGSTIONS7 CALL (288) 584-5533 16; iltence leaving said westerly boundary S 0°13'57" W a distancq of 144.20 feat to a paint; Thenco N 08°58'43" E a distance of 320.02 feet to a 5/0 inch diameter iron pin on fhe westerly righlrof-way of Gurt Ddve; Teence S 0"78'51 ^ W along said westerly right-of-way a distance of 432.70 feof ko a elB inch diameter Iron pin on the northedy right-pf--way of Usticl< Road; Thence 5 8g°58'55" W along said northery righFOfway a distance of 320.04 Feel to a 6/8 indi diameter Iron pin; Thanes leaving said northerly right-of~Way S 0°10'50" W a dielanaa of 40,00 feet to a 5IB Inch tllamateriron pin on fhe 6outhafly boundary of the SW %, of saki Section 31; Thence S 8B°58'55° W along Bald soulhedy boundary a dtstance of 122.79 feat to fhe PO1NT pF BEGINNING. This parcel contains 15.32 acres and ka sbbjeet to any easements ezls5ng qr in use. Clinton W. Hansen, PLS Land 6olutiona, PC March 22, 2005 Hollybrook Subdivision ExHrslT c C1T1' Or MERIptAN PLANNING AND ZONING DHpARTMLN•P STAFF hi~ppaT. QUESTIpNS7 CALL (208) 884-5533 ---.-- Ho11yU~ook SuUdivision FJ{HISiT C D. Required Findings fropn Zoning Ordin wrpce Z. AbINRXATION F'INDdNGS: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both tLe p&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment " T/se follorouing is tlee Xist ofstandardsfourrd in II-IS-11 and analysis by sluff A• Will the new zoning be harmonious wish and in accordance with the Comprehensive Plan and, tf not, Las there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and policies as listed in the Hollybrook Subdivision staff repori item #7 above, The Council supports the zoning attd finds the proposal in accordance with the Comprehensive Plan. B• [s the area included in the zoning amendment Intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject properly in the future. C. Is the area included in the zoning amendment intended to Le developed in the fashion that would be allowed ender the new zoning -for example, a residential area turning iato a commercial area by means of conditional use permits; Council Ends that single-family residential uses era allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment ofresidential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with, lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designatlon. D• IIas that•c been a change in the area m• adjacent areas wtuch may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Council finds that recent residential developments to the north and west have bean approved for development similar to the proposed subdivision, witL single-family residences. Development in the area has limited the main tnutlc sewer locations. Currently sewer is available in E. Washekie Street via Sundance Place Subdivision. Based on the ACED Long Range 2030 proposal, Ustick Road is anticipated to eventually be a three lane roadway abutting this site. However, Ustiek Road between Meridian Road an Locust Grove Road is not currently included within. ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. The app$cant shall comply with all ACIID conditions of approval for the site. Hollybraok Subdivision IIKHIBI'r D C1T1' Ok MERIDIAN PLANNING AND ZONING D6pAhTMENT S'rACP REPORT. QUESTIDNS7 CALL (208) Sg¢5533 Local Streets Washalde Street and Curt Drive are AC$D rights-of--way and provide stab connection to the property ACRD and the City of lvieridian will require the proposed development comreeL tltese roadways as proposed. R• Wil! the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such nse will not chango the essential character of the same wren; Council finds that the requested zoning and proposed density is within the anticipated range for a medium density urban project. used on the Comprehensive Plan, staff believes that the existing parcels in the azea (south and north and west) have already developed with sinrilaz densities and allowances for alternate products and designs ate encouraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner That will be harmonious with, and appropriate hi appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of fivo acres or more." The comxuon lots provide 39,766 sq/ft of open space which is approximately 6% of rho site. The existing character of the area will not change as this is one of the final iufill developments in the vicinity. Council does not find that the proposed zoning pr uses will adversely change the essential character of area. The Commission and Com~eil rely on staff's analysis, public testimony received and any comments submitted fiom any other agencies or deparhnents regarding whether this property should be annexed as proposed. ~• Will the proposed uses not be hazardous or disturbing to existing or• firture neighboring uses; Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house conshnction is conducted in a manner consistent with City Code. Access to Ustick Road shall be taken through the extension of Atrowwood Way as designed. The proposed design croates a roadways section along the western properties in Weaver Acres Subdivision. Council fmds the layout as proposed as all the lots within Weaver Acres are on ISTS which have a life expectattcy of approximately 30 years. These lots were platted in the 1970's and council attticipates the need for future connections and annexations of Weaver Acres Subdivision, The road layout should be the most cost effective solution and encourage redevelopment of these properties. The Connnission and Council rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the exisluig or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as ltighwnys, streets, police sud fire protection, drafnago structtn~es, refuse disposal, water, Hollybrock Subdivision LXIIIBIT p CITY OP MBRID]AN PLANNING ANll ZONING DEPARTMENT' STARfiREPORT. QUESTIONS? CALL (208) 864.5533 sewer ox• that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately aa~y of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development, Sizhtg and routing shall be coordinatal with rite Public Wm•Ics Department. The applicant and/or future property owners will be reguired to pay park and highway impact fees, On June 17, 20D5, a joint agency/department continents meeting was held with representatives o£ key service providers to this property. Based ou the joint agency/department meeting and other comments received from agencies/departments, Council finds that the publle services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testituorty submitted by any public service providor, regarding their ability to adequately service this project. ~• Will not rreate excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, local street inSastructure, utilities and 'irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council fords there will not be excessive additional requirements at public cosk attd that the proposed zoning and subsequent development will not be detrvnental to the community's economic welfare. Z• Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the generat welfare by reason of excessive production of traffic, noise, smoke, fumes, gtare or odors; Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create rmisances that would be detrimental to the general welfare of the sunoundiug area, Council recognizes the fact that traffic and noise will increase with the approval of tbis subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Council does not anticipate the proposed annexation and subsequent uses will create ercessive traffic, noise, smoke, #itmes, glare, or odors. T. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street extension into the site from Sundance Place Subdivision and continue Che extension to Quenzer Commons Subdivision which will cottitect Meridian Road with Locust Grove Road for further roadway connections. ACI-ID is snpportive of the proposed stub sheet extensions as previously approved. The landscaping should be dcsigned in a manner to slow traffic flow to Ustick Road and reduce any traffic to Cw•t Drive (the orfly connection for Weaver Acres Subdivision) If is designed and consttvcted as approved by the ACRD and the City, council does not believe that the subdivision will create interference with traffic on the surroundingpublic streets. Hollybrook Subdivision EXHIBIT D CITY OF tvIERIDIAN PLANNING AND ZONING DEPgRTMBNT STAFF REPORT. QUESTIONS? CALL (20S) 884-5533 K• 1~i11 toot restdt in the destruction, lass or damage of a natural or sceuie feahtre of major importance; and There are some mature trees on this property, qny exis(ing trees lEU~ger than 4" caliper that are removed should be nutigated for, per the Landscape Ordnrance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions, The Commssion and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a uanrral or scenic feature{s) of major importance of which staffis unaware. L. 1s the proposed zoning amendment in the best interest of the City of Meridian. (prd. 592, 11.17-1992)? The R-8 zoning amendment will provide Lots that are strutter in nature to existing subdivisions in the near vicinity. Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Council does not approve lot sizes that would be invasive to the properties to the east of the subject property but the lot sizes should be transitional in nature and allow additional residential densities and product opportunities for the general vicinity, Subdivisions of medium density have already been approved for development to the north and west and this is a logical expansion of the City limits for an infill proj act, In accordance with the rndnrgs listed above, Comtcil finds that annexation and onin of this nronert~ would be inthe best interest of the Ci 2. PRCL]MINARY PLAT T1lVD1NGS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detertduing the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Council fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council supports the proposed layout as a practical solution to address the constraints of infdl development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". $• The availability of public services to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See ftnding "G" under Annexation and Zoning Analysis for more detail.) C• The continuity of the proposed developmenk with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at thew cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. Hollybrook Subdivision E7CH16IT D CITY OF MEltiD1AN PLANNING AND ZONING DEFAR9'MENT STAPF REPORT QUEST[ONS? CALL (2US) 584-5533 A. The public financial capability of strpporting services for the proposed dev¢IopmenC; The Conunission and Council rely upon conunettts from the public setroice providers (i.e.-police, fire, ACT-ID, etc.) to detennine this findutg, (See Ending °°G" under Atntexation and 'Gutting Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) >;. The other Jtealth, safety or environmental problems that may be brought to the CounciPs attention. Tice proposed design creates a unique situation for properties in Weaver Acres Subdivision to the east of the property. The normal subdivision design would not allow creation of double fronted lots (Arrowwood Way and Curt Dr). However the proposed design will allow existing lots to have access to public services and provide a path of annexation for fuuue development. Until such a time as awexation would occur as these lots require fencing along their rear yards as proposed by the applicant. Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that have be brought to the Council or Commission's attention, ACFID considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause heahh, safety or environmental problems of which staff is unaware. 3. CONDITIONAL USiCiFI$1DII'dGS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use itt terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A• That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and offier features as may he required by Phis ordinance; As part of the Planned Development (PD) the applicant is requesting relief from lire standard street fzontage requirement, lot size requirement and standard setbacks, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Council finds that the subject property is large enough to aecortmtodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards for Lots 2-17 of Black 4. The narrow nahue of the nordt south cotmection of the property creates a unique situation which would not have been able to be addressed through normal R-8 standazds. The Council finds that the cottsiderations are approved as requested. See Special Consideration #1 below for detailed analysis. 13. That the proposed use and development plan will be harmonious with the Meridian Comprehensfv¢ Plan and in accordance Fvith the requirements of this Ordinance; Council finds that the proposed single-family residential subdivision, with a gross density of 3.59 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium bensity Hollybrook Subdivision EXFitH1T A CITY OF MERIDIAN NLAI~IVIA'G AND ZONING DEPARTMENT STAFF [2EPOR'r. QUL•STIONS9 CALL (208) 584-5533 Residential" and "Low De~esity Residential" (lrrovided the Commission and Council grant the requested planltcd development), Please see Annexation & Zotaing Analysis "A" above. C. That fhe design, constrncHott, operation, and maintenance will be compatible with otltet• uses in the general neighborhood and with [he existing or intended character of the general vicinity and that such use will not adversely change the essential character of fhe same area; Please see Annexation & Zoning Analysis °E" above, ID. That the proposed use, if it complies with all conditions of the appr-oval imposed, will not adversely affect outer property in the vicinity; The Commission and Council re]y upon public testitnony, staffs analysis, and other agency cormnents when determining if the proposed uses will adversely affect other properties itt the vicinity, E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and~ire pt-otection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning Analysis "G" and "$" above, the "Other Agenoy/Department Continents and Conditions" at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. r• That the proposed use will not create excessive additional requirements at pnblic cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation c$ Zoning Analysis "H" above. G• That the proposed ase will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any parsons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference wit4 traffic on surrounding public streets; Please see Annexafion & Zoning Analysis `J" above. The Commission and Council review any comments received from the AC[3D provide for this project when detetxnining this futding, I• That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning Analysis "I{" above. Hollybrook Subdivision EXHIBIT U CITP OF MER1b1AN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUEST10NS7 CALL (2D8) 884.5533 S'TA ~ ~ REPORT City Council hearing for October 4, 2005 ''~ ,,:v ~v ~Ip~ . - P & Z Contntission and Hearing Dates: ~~.j ~}Pi~~ "" July 1, 2005, continued to August 4, (/6 ''r "' 2005, conthtued to September I, 2005 •~x ~ ~•+~~ci y r, ,G TO: Planning & Zoning Contntissimr '1'`~'~va y,._.,., _titwt,-.'. p°f FROM: Joe Guenther, Associate City Planner ~~i Miohael Cole, Development Services Coordinator SUBJECT: Z-Iollybrook Subdivision - , - - ' - - • "i' a PP-OS-025 ~ - - - • 55 Single family residential lots and on 15.32 acres - •" • • ® az-os-oz6 - - _ Amtexation of 15.32 acres withproposed R-8 zoning - ® CUP-OS-033 A Planned Development for reduced ]ot sizes aad frontage requirements in as R-8 zone ];. SUMMARY DESCRIPTION OF APPLICANT'S 1ZEQITEST The applioant, Aollybrcok, LLC Bond Campbell, has applied for Annexation and 7,oning (AZ) and Preluninary Plat (PP) approval of Fifty-three {53) Building Lots and Eleven {1l) Common/Orlter Lots on 15.32 acres. The site is located on the north side ofUstick Road approximately one-quarter of a mile east of Meridian Road. This site is currently agricultural with farm buildings and one single family residential building. The site has not been previously platted. 2. SUMMARY R>CCOMMENDATION The subject property is within the Urban Service Planning Area. The subject applications (AZ CUP, and PP) were submitted concurrently to the Planning & Zoning Department For review. Staff reconunended approval of the amended preliminary plat August 21, 2005 for• Hollybrook Subdivision submitted as AZ- 05.026, CUP•OS-033, and PP-OS-025 with the conditions of approval as outlined in this report. The Meridian Planning and Zoning Commission heard the item on August 4, 2005 and recommended the applicant work with the neighborhoods of Weaver Acres and S¢ndance Place as well as ACHD to provide a solution to traffic calming along block 4 of the plat dated July 14, 2005. The applicant returned with a revised plat dated September 1, 2005. At the public hearing they moved to recomnaertd approval with changes to the plat dated September 1, 2005. a. Summary of Public Hearing: i. In favor: Donald Kelso, Brian Cooper, TCevin Churchman, Mark Smitb ii. In opposition: None as of September 1, 2005 iii. Opposed as of the August 4, 2005 hearing, Commenting as of the September 1, 2005: 1. HalPulnam, 3424 C~rtDrive 2, Florence Wifticker, 3378 North Westo¢ 3. Letha Quinn, 456 East Patagonia 4. Sally Alexander, 3360 North Weston Avenue 5. Jody Pierce, 33842 North Weston HOLLYBROOK SUBI)IV1S[ON CUF-OS-033/PF-OS-025/AZ-OS-026 PAGE] CITY OF MERIDIAN PLANNING AND ZONING bEPARTML-NT STAFI' REPORT. QUESTIQNST CALL (20$) $$4.5533 6. Kathy Sherman, 3458 Weston Way ~• Jae Shole, 3476 No~tlJ Wosron Way 8• Shatter FuJildrouser, 3644 North Pistato 9. f indaRoberts, 3525 CtitrtDrive iv Staffpresentiugapplication:JoeGuentlrer v. Other staff comluentnrg on application: Auna Camlhig, Bill Nary b. Key Issues of Discussion by Commission: i. -Design of N. Arrowwood Way to slow down traffic frorn subdivisions located north of the proposal. ii, -size and number of lots in Block 4 iii. - cormection to Ustick road at Curt Drive, left to ACID approval iv. -fixing and continuiug drainage and irrigation piping c. ICey Commission Changes to Staff Recommendation: i- -All sirrgle fanuly residential lots listed as Black 4 of the plat dated August 21, 2005 shall be designed as to have shared access to N. Arrowwood Way. ii. -Elevations and building footprints for the single family residential lots in Block 4 shall be submitted prior to the City Council hearing date, Elevations and building foctprints shal] be a part of the Development Agreemeru. iii. -The number of lots along N. Arrowwood Way as depicted on the ,August 21, 2005 preliminary plat shall be reduced to a total of twelve lots. iv. -Inclusion of a gazebo in the amenity ]ot in either Block 1 or Block 4 of tho plat dated August 21, 2005. d. Outstanding Issue(s) for City Council: i. - Nane 3. APPLICATION AND PROPICRTX FACTS a. Site Address/Location: 540 E. Ustick /Ustick and Curt SE ~/a of SW'/a 4NIE31 h, Owner: Bond Campbell Hollybrook LLC 1150 E. Ustick Meddian,Idaho 83642 c. Applicant: Baud Campbell Ilollybrnok LLC 1150 E. Ustick Meridian, Idaho, 83642 d. Representative: Shawn Nickel, SLN PlamJing, Irrc. e. Present Loning: COUNTY RUT £ Present Comprehensive Plau Designation: Medium Density Residential, Low Density Residential g. Description of Applicant's Roquest: 1. Date ofpreliminary plat (attached as Exkdbit Al); July 14, 2005 Sheet PP-1, ECI, 2. bate of CUP site plan (attached as Exhibit A2): July 14, 2005 Sheet YD-1, ECI. HOLL'YBli00K SUBDMSION CUP-OS-033/ PP-D5-025/AZ-OS•02G PAGE2 C1TY OF MERIDIAN PLANNING AND ZONING bLPARTMEN'r-STAFF REPORT. QUESTIONS? CALL (20R) SSq-5533 3. Date of landscape plan (attached as 1/xhibit A3): Apri] 15, 2005 Sheet L-1, ECI. h, Applicant's StatementLiustif`ication: Sl:awn L. Nickel, Laud Consultants has submitted a statement of purpose with the application, dated April 15, 2005 and revised May 24, 2005. The applicant has also made amendments to the site plan due to ACI3ll concerns and has addressed the north/south connection iu response to City of Meridian staff, ACRD staff, and neighbors concems with the submittals dated July 14, 2005. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined City Ordinance, By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hear~Ing is required before the City Council an this matter. b. The subj eet application will in fact constitute a prelhninary plat as detenrrirred by City Ordinance. $y reason of the provisions of the Meridian City Code Title 12 Chapter 3, apublic hearing is required before the City Council on this matter. c. Thesubject application will in fact constitute a planned development as determined by City Ordinance. $y reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. d. Newspaper notiEcations published an:Jtzly 4 2D05, June 20, 2005(for P & Z Commission meeting) and September 12a' and 2G<<', 2005 for City Council. e, Radius notices mailed to properties within 300 £cet on: June 1 D, 20D5(for P&Z Commission meeting) and September 9, 2005 for City Council, f• Applicant posted notice on site by: July Z4, 2005(for P&Z Corxmtission meeting) and September 24, 2005 for City Council. S. LAND US]C a. Existing Land Use(s): RUTAda County-Agricultural b. Description of Character of Surroutrding Area: c. Adjacent Land Use and Zoning 1, North: Sundance Place Subdivision R-8 with a planned Development 2. East: Quen2er Commons, Ileritage Commons Subdivision R•8 with a Planned Development. Under development. Weaver Acres Subdivision-R-1 Ada County. 3, South: Bedford Place Subdivision- R-8 4, West: Sundance Place Subdivision R-8 with a Planned. Development d. History of Previous Actions: N/A e. Existing Constraints and Opporiurrities 1. Public Works Location of sewer: Location of water; Issues or concems: HOLLYBROOK SUBDTVISiON CUP-OS-033/ PP•OS-025/AZ-OS-02G From Sundance Place Subdivision, Washalpe Sn~eet 8" From Ustick,Road, 12"main connection. PAGH3 CITY OF MERIbIAN hLANNiNG AND ZONING DEPARTMENT STAFF REPORT. QUl•:STIONS? CALL (208) 88q-5533 2. Vegetation: ~ Existing vegetation should be brought into compliance with maintenance standards of NIv1lD. Applicant sltal] contact City Arborist for tree mitigation. 3. Tloodplain; NA 4. Canals/pitehes hrigation: Tilhtg and relocation of oxtis[ing agricultural in•[gation ditches will need coordination with Settlers hrigation Dishiet. 5. hazards; None Identified 6. Proposed Zoning: R-8 -with Plamted Development for Lots 2-18 Block 4 7. Size of Property: 15.32 acres 8. Description of Use: Single-Family Residential f. Subdivisioq Plat Information 1. Residential Lots: 53 2. Non-residentiall.ots: 0 3. Total Building Lots: S3 4. Common bats: I 1 5. Other Lots: 8 of the common lots are for traffic control and direction 6- Total Lots: 66 7. Open Lots: N/A 8. Residential Area: 1S 9. Gross Density: 3.59 units per acre g. Landscaping 1. Width of street buffer(s): 2S' on UstickRoad Lot I Block2 10' on Calm Drive Lai ] ]]lock 2 10'on eastslde ofilrrarvwood GI'ayLotl Block2 S' ott west side ofArrowrvood Way, ROW 2, Width of buffer(s) between land uses: 0' with 6'solid fencing 3. Percentage of site as open space (PP and PD applications); 6% 3), 766 square feet. 4, 08rer landscaping standards: All common lots to he included with PD amenities shall comply with the landscape pfan dated April l5, 2005, with considerations for design amendments dated July 14, 20pS, h. Conditional Use Information 1. Non-residential square footage: square feet 2. Proposed building height: Less than 3S' afR-8 standard 3. Percentage of site devoted to building coverage: 15.31 acres 4. Percentage of site devoted to landscaping; I,27 acres HOLLYBROOK SUBDIVISION CUP•OS•033lPP-OS-025/AZ-OS-02G PAGE b C1T}' OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (205) 884-5533 5, Number of Residential turits: ,55 i. Planned DevelopmenC -Lots 2-18 of Block 4 of Idollybrook Subdivision j. Amenities -Lot 1 Block 3, Lot 1$ BJock 4, Lot 2 Block 4, Lot Block 11 will have additional Landscaping, pathway eomiections to multi-use pathway in Sundance Place Subdivision, and seating areas along all pathways. 1. Proposed and ,Required Residential Standards Multi-use Patlnvay Connection with seating areas R-8 standards apply to all lots eMCept Lots 2-17 of Black q. ofl3olIybrook Subdivision as shown below: Setbacks Proposed Required Front Living Area of 15 Front Accessed Garage 20 20 Side 15 Rear 5 5 Frontage 15 1S Lot Size SS 65 4 800+ k, Summary of proposed Streets and/or Access (private, public, common drive, etc.): All onunon areas used for traf£tc coutrolr shall 6 lpan~dscaped and aintained bythe treats. Hollybrook Homeowners Association. For a detailed report on the public sheets and access points to public streets, the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCX CpM1yZE~TS MEETING On Tune 17, 2005 staffheld an agency comments meeting. Further meetings were held with the Meridian Fve Department on July 22, 2005 to address the redesign of the Preliminary plat dated September 21, 2005. Staff has included all comments and recommended actions as Conditions of Approval from the meeting attached as Exhibit B. 7. COMp1tEgENSIVE pL~ POLICIES AND GOALS $r Chapter VII of rite Comprehensive Plan, `medium density' is defined as areas nicludin s' family homes at densities of three to eight dwelling units per acre. Staff fords That the reque~stled zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" and "Low Density Residential". T[re 3.59 dwelling touts per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally conform to the goals, objectives, and action items contained in the Comprehensive Plan £or this area, Jn addition, in the applicant's cover letter (dated April 15, 2005, revised May 24, 2004) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property, In Chapter VII of the Comprehensive Plan, `Low density' Is defined as areas including single- farnily horues at densities of tluee dwellin t nits or less ner acre. The applicant is requesting drat HOLLY6ROOK SU9ll1VISfON CUF-OS-033/ PP.OS-025/q~05-02G PAGES CITY OF ML•RIAIAN PLANNING AND ZONING bEPARTMENTSTAPP REPORT, QUHSTIONS? CALL (ZOS) 884-5533 all the subject site be zoned R-8 (Medium Density Residential}. The R-8 disyzict allows for a maximum o£ eight (S) dwelling units per acre (MCGI1-7-2,C), however the design more closely resembles an 12-4 development. The applicant's requested design provides for larger Iols consistent with a lower density trmtsitional area. The comprehensive plan also states on page 104, Objective D- Plan for appropriate uses within rural areas: 'Require neu+ ut$mt density subdivisions which abut or are proximal to existing Zow density residential land uses to provide landscaped scraenhtg or transitional densities with larger, mare comparable lot sizes to buffer the intevface between urban level densities and rural residential densities. " Weaver Acres Subdivision is located immediately east, north, and south of the property with seven lots of approximately one acre parcels and is classified as low density residential. Lots 2-5 of Block 1 and all of Block 1 have a calculated residential density of 2.45 dwelling units to the acre which is consistent with the allowance within the Low Density Residential Designation. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staffanalysis is in italics below policy): Chapter VI C.2 p7f -Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's qua[iiy of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out hr this plan are adopted. Although a designated Multiuse pathway is not located an this site She applicant has propose a comtection through to the pathway system in Sundance Place via Lot 17$lock 11. Require that development projects have planned for the provision of aU public services (Chapter VII, Goal III, Objective A, Action 1) When the City establisked its Area of City Impact, it planned to provide City services to the subject praperlies. The City of Meridian plans to provide municipal services to the Lands proposed to be annexed in !ke followir:g manner: • Sanitary sewer and water service w[ll be extended to the project at the developer's expense. ° The subject lands currently lie within the jurisddiction of the Meridian Rural Fire Disnict. Once annexed the lands will be tinder the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Departnent's feve-minute response zone. • The subject Lands currently lie within thejurisdiction of the Ada County SherijJ's Office. Once amrexed the Lands will be serviced by the Meridian Police Department (MPD), ° The roadways adjacent to the subject lands ate currently owned and maintained by t/re Ada Cvunty Highway District (ACRD), This service will riot change, • The subject lands are currently serviced by the Meridian School District 112, This service will not change. ® The subject lands are currently serviced by t/te Meridimt Library District. This service wit/ not change and the Meridian Library District should su,~er no revenue loss as a result ofdhe subject annexation, HOLLYnROOK SUBDIVISION C[IP-05.033/ PC-OS-025/A~OS-026 PAGE G C1T1' OP MHRIDUIN PLANNING ANb ZON1N0 DEPARTM.GNT STAPF REPORT QUEST[ONS9 CALL (20g) $84-5533 Municipal, fee-supported, services ~+ill be provided by the Meridian BuEld{ng Department, the Meridian Public ld'orks Depar[nrertt, the Meridian Nrater- Deparlnzent, the Meridian 1'Iraste,vater Deparhnerzt, the Meridiat Planning and Zoning Department, Meridian Utility Billing Services, and S'an{tart' Services Ca7npany. ® Protect existing residential properties £rom incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action I) All of the properties adjacent to the subject site are designated for medium or low density residential uses on the Comprehensive Plan Future Lartd Use Map. The applicant has made the best at[enpt to nzix low and ntediunr density lots with the appropriate single family residential producls• for t{re s{te. ° Support a variety of residential categories (low-, medium-, and high-density single fautily, multi-fanuly, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing fhe City with a range of affordable housing opportututies (Chapter VII, Goal IV, Objective C, Actio>x 10) The subject property is mostly designated Medium-Density Residential on tl:e Future Land Use Map w/rich identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of rnedirmt-density, with a gross density of3.59 dwe/lirrg units per acre. 3 Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action $) The subjectproperry has a unique design due to limitedpropw•ty width at the north/south connection and is surrounded by existing and proposed developments which would class ft' for irfll development. T/re proposed design meets the criteria far an R-8 development and the applicantlras been diligent irr meeting the agency requirements andproviding a quality product rrear• a mix ofresidential uses. Support infrll of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be coruidered if .Development of uses other than single-family structures are compatible with surrounding development as it carnplies with the current comprekrensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and rtniyrte roadway design will allowfor m: increase in densityfor the proposal with sr,taller lots under a planned Development where the majority ofthe lots are not requiring special considerations within the ordinance and con prehensive parr, see also findings above. Apply design and performance standards to infilling development in ozder to reduce adverse impacts upon existing adjacent developtent. (Chapter VII Goal V Objective A Action 11) SYaff does not foresee negative impact on surrounding development outsvde of the consh•uction phase. The site has an existing residence which will be incorporated and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal s/rould be indistinguishable upon build out as an attractive neighborhood within a neighbot-l:ood. HOLLYBROOK SUBDI V[S[ON CUP-OS-D33/ PP-OS-025/A7~05-(126 PAGE 7 O1TY OF ME]itD1AN PLANNING AND ZONTNG DEPARTMENT STAPF REPORT. QUESTIONS? CALL (ZOS) 6845533 Staff finds tlxat the proposed R-8 zoning designation is hamtaxious with and in accordance with the Comprehensive Plan 8.7.ONING ORDINANCE a. Zoing Sclxedule of Use Control: Meridian City Code 11-2-1 lists Planned Development modifications as conditional use in the R-8 zoning district. Single Family Residential uses are permitted iii the R-S zoning district b. Purpose Statement of Zone: R-$ Medium Density Residential District: Thepurpose of the R- S district is to permit the establislunent ofsingle- and two-fainily dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those azeas where such development has or is likely to occur in accord with the comprehensive plan ofthe city and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use, Cormec[iou to the municipal water and sewer systems is required, c. General Standards: According to MCC 11-17-1, the City should hnpose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance. Please see Conditions of Approval in Exhibit B. 9. ANALYSTS a. Analysis ofFacts Leading to StafFReconunendation As noted above, the applicant is proposing to subdivide the subject site into fifty five single family residential lots. Each lot contains a minimum 4,400 square-feet. The ffty five proposed building lots range in size from 4,432 square-feet up Co 18,081 square-feet. There are three distinct areas ou the site with a variety of housing types. The southern most area is designated Low Density Residential while the western edge and northern area is Medium bensity Residential. The southern. area has the largest lots, contains the existing residence, and meets the overall gross density at 2.45 dwelling units per acre. The northern area is consistent with medium density residential in an R-8 zoning designation with lots ranging from approximately 7,000 square feet to over 10,500 square feet. The last area is the western boundary along the continuation of N. Atrowwoad Way. The site creates a constriction and a unique constriction at this area. The lots are requested to have reduced frontage and reduced lot sizes. These lots will be single family detached products with the elevations submitted with the packet. All housing types are proposed as single-familyresidential. The applicant has requested all o£ the property be zoned R-8 (Medium Density Residential). The applicant has indicated a gross density of the proposed subdivision at 3.59 gross dwelling units per acre. This presented density is in accord with the proposed R-8 zoning district. This is allowable for the R-S distriot with tlxe Low Density area directly corresponding to the Comprehensive Plan which calculates at 2.45 gross dwelling units per acre. Please see Annexation & Zoning Analysis below. The applicant is requesting modifications to the dimensional standards of the requested R-8 zone (i.e. - building setbacks, lot size, frontage, etc,) for Lots 2-17 of Block 4, These lots have requested the following planned development standards: HOLLYBROOK SUBDTVTSION CUP-OS-033/pp_OS-025/AZ-OS-026 PAG1= 8 CIT1' OP MERIDIAN PLANMNU AND ZONING DEPARTMENT STAFF REPOR'C. QUESTIONS? CALL (208) 884-5533 Setbacks Proposed Required Trout Living Area of l5 20 Front Accessed Garage 20 15 Side Rear 15 IS Frontage 55 6S Lot Size 4,800a- 650D 1.1.1 ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordiuance, staff believes that t]»s is a goad location for the proposed single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. The annexation legal description submitted with the application (stamped on 3/23/05 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary ofthe City of Meridian. 2, Any future subdivision, uses and construction on this property shall comply with the City of Meridiazr ordinances in effect at the time. 3. A Development Agreement (DA) will' be required as part of an annexation of this Property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the Property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attomov Rill Nar t 888-4433 to initiate this process 1ne DA shall incorporate the following: That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinarme Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domesticpurposes such as Iandscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time o£ devolopraent. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The applicant shall agree to the building footprints and elevations as submitted to the City Council on October 4, 2005 £or all Pots listed in Block 4 of the September 21, 2005 preliminary plat, PRELIM1NAItY PLAT ANALYSIS: The preliminary plat provides a good mix of residential products with a wide range of mid sized lots. The site complies cvith both the medium and low density calculation with a prix of housing sizes. The applicant has proposed a unique design for anon-standard lot cordiguration on a property which by shape would he diftlcult to develop. I10LLYBROOK 8UHD1VASiON CUP-05.033/ PP-OS-025/AZ•OS-02G PAQE9 CITY OP MRRIDIAN PLANNING AND ZONING DGPARTMHNT STAFF REPORT. QUESTIONS? CALL (208) 88q-5.533 Based on the policies and goals contained in the Conxprehensive Plan and the genera] compliance of the proposed development with fhe Zoning Ordinance, staff believes that this is a good location far the proposed shrgle family residential products. Please see Exhibit b for detailed analysis of facts and findings. 1. Public Streets and Access• Connectivity (IJstiek Road to Washakie cr arl The stub streets from Suudance Place Snbdlvision and Quenzor Cornnxous Subdivision, Washakie Street shall cotutect to tln•ongh with the common street sections and completing the midsection comtection of Meridian Road and Locust Grove Road. Tlxe subdivision is conshained by previous development in the area and is bound by ACRD policies of iutercomtectivity. No direct lot access to Ustick Road is approved with tltis subdivision. Cotmectivity (Curt Drive)• There are no services available ut Curt Drive and concerns have been raised about the increase Sn traffic from Ghrt Drive as a ant across street connection witlun the subdivision. ACHp has determined a connection fiom Curt Drive to Arrowwood Way is appropriate and half ofcurt drive will be impraved with this project. 2. Landscaniue• Staff is generally supportive of the proposed landscapitg design with the followntg considerations: Us4ck Road Landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. All cormnon lots which will provide traffic calmuxg shall contain landscaping according to MCC 12-13. See Sita Specific Condition #7 below. 3. Oneu Space MCC 12-13-16 requh•es five percent of open space to be set aside for subdivisions of at least five acres in size. The applicant is pzoposing to sat aside 39,766- sq ft of the site for open space. Most of this open space is at the ends of Arrowwood Way and provide traffic calming and glare prevenfion, Lot 17 provides a connection from the development and makes opens space accessible to all lots of the subdivision and through to the multiuse pathway. (MCC 12-13-16-3), See Site Specific Condition #5 below, Tree Mitigation• There are several large trees on this site that the applicant is proposiwg to remove or relocate, Any tree over 4" in caliper that is removed from dre property shall be replaced by installing additional trees, being tha equivalent number of caliper inches of bees that were removed. Required landscaping trees will not be considered as replacement trees for those trues that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy PIuff at the Meridian Park Department, See Site Specific Condition #7 below. 4. Ditches. Laterals and Canals• Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, interseetnxg, crossing or lying adjacent and contiguous to ilxe area being subdivided shall be tiled. Staff is unaware of the official status of the drainage ditch; it appears to be maintained by Settlers hrigation and is considered an offsite natural feature. See Site Specific Condition #8 below 5. Pressure Irri ar;nn• 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 utilize any existing surface or well water for the primary source. if a surface or well source is not available, a single-point connection to the culinary water system HOLLYIiROOK SUBDIVISION CUP-05.033/PP-U5-025/A2.-05-026 PAGE t D CITY 01~ MERiDJAN PLANNING AND ZONiNGDEPARTMENT STAPFREPORT. QUEST10N57 CALL (208) II64-5533 shall be required, If a shtgle Point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to sigrtattue on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-J 3-8 and MCC 9-I-28. Seo Site Specific Condition #9 below, 6. Fence The applicant is proposing to construct a six-foot tall solid fence around the perimeter of the site, Staff is supportive of the proposed fencing. A detailed fencing plan should tie submitted upon application of the ffnal plat (MCC 12-4-IO.F,3). Ifpeimaneut fencing is not provided, temporary consuttction fencing to contaht debris must be installed around the perimeter prior to issuance of a building peiurit. All Fences should taper down to 3 feet maximum within 20 feet of all right-of way. All fending should be installed in accordance with MCC 12-4.10. COIVDITIONAI, USE Y]ERMIT ANALYSIS Based on thepolicies and goals cmttained vt the Comprehensive Plan and the general compliance of the proposed development with the Zeuiug Ordinance, staff believes that this is a good location for allowing a unique design for single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Reduced Standards; As stated earlier, the applicant is requesting modifications from standard ordinance requirements for sheet frontage, lot size and setbacks. Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary plat has Lots 2-18 of Block 4 below the 6,500 square-foot minimum size. Therefore, a modification to the standard R-8 lot size of b,500 square-feet is applicable. The proposed lot sizes range from 4,428 square-feet to 18,081 squaze-feet. Lot Frontaee. The minimum requested street frontage is 55-feet. There are 141ots that are at 55-feet of frontage (65-feet is the minimum for the R-8 zone). Staff is supportive of reducing the frontage for these lots as it provides a practical use to these lots where the property depth is minimal. Setbac s: The applicant's submittal July 14, 2005 requests that this development have a front setback o£ 15'. The front setback would need additional defutition as to be 15' to living space only and a minimum front setback of 20' to a garage entry way. Rear and interior setbacks will be R-8 standards. Staff recommends approval of the setbacks as requested. 2. Amenities: MCC 12-G-2.A,3 requires two or more amenities to tie provided as part of each planned development. The proposed amenities for the subject planned development include: TJte proposed open space makes up 6% ofthe site, 5% minimum is required and it takes 10% to count open space as an amenity, Landscaped open space means land exclusive of street rights-of--way and street buffers, except forright-oF way specifically dedicated for landscaping within a subdivision. No drainage lots, required street buffers, or canal buffets have been included in this calculation. The applicant is counting the additional landscaping along the open space lots, amulti-use pathway connection into Sundance Place Subdivision, and seating areas as amenities. Staff supports these amenities as listed and believes they are adequate for the size of the property. HOLLYBROOK SUBDIVISION CUP-OS-033/PP-OS-025/AZ-OS-026 PAGE 11 CITY OF MERIDIAN PLANN]NO AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 554-5533 3. Elevations: The applicant has subruitl'od Cwo fi•ont elevation drawings for the proposed dwelling units included with the PD. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction witlrht Hollybrook Subdivision should substantially comply with the elevations subrruitted by tho applicant. Construction materials used on the structures should be approved by the City of Meridian Building Depaz nnont and in accordance with the ntost recent UnifonnBuildhrg Code. See Site Speci£c Coudiflon #4 below. b. Staff Reconunendation: Staff recormnends approval of CUP-05-033/ PP-OS-025/AZ-OS- 026 for Hollybroolc Subdivision as presented in the staff report dated August 4, 2005 and September 1, 2005 based on the Findings ofFact as listed hr Exhibit D and subject to the condiflons of approval as listed in Exhibit B as attached to this report. Staffhas prepared findings consistent with this recormnendation. X0. PROPOS)CD MOTIONS Approve I move to approve File Numbers CUP-OS-033/ PP-OS-U25/AZ-OS-D26 for Hollybrook 9ubdivisiou as presented in the staff report and the plat dated (September 21, 2005) with the following modifications to the conditions of approvah (add any proposed modifications) Deny I move to deny Fite Numbers CUP-05.033/ PP-OS-025/AZ-OS-026 for Hollybrook Subdivision for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recouunendation for approval) Il. EXH~ITS A. Drawings 1. Freliminary Plat - Aated July 14, 2005 shown as Sheet PP-1, prepared by ECI (Erickson Civil Incorporated) Revised September 21, 2005 2. CUP Site Plan-Dated July 10., 2005 shown as Sheet PP-1, prepared by ECI 3• Landscape Plan- Dated April 15, 20D5 s$owtt as Sheet L-1 prepared by ECI B. Conditions ofApproval 1 • Planning Department 2. Public tJVorks Department 3. Fire Department 4, Parks Deparhnent 5. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance tiOLLYBROOK SUBOIV1S10N CUP-OS-033/PP-05.025/AZ.OS-02G PAGE 12 f ~#3 ''~ CHD ~" co•.~•r,,,xx~cxo ~~ Date: October 4, 2011 To: Enrique Camarillo (sent via email) 207 Ruby Street Boise, ID 83705 Rebecca W. Arnold, President John S. Franden, Vice President Carol A. McKee, Commissioner Sara M. Baker, Commissioner David L. Case, Commissioner Subject: MCUP-11-007 1519 N. Main Street Occupy an existing building as a dispatch center for Molly Maids In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that ACRD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. The applicant shall be required to meet all of the ACRD Standard Conditions of Approval as well as all ACRD Policies and requirements that may apply as noted below. Please review the Applicant's Responsibilities and Development Process Checklist below. If you have any questions, please feel free to contact me at (208) 387-6174. Sincerely, ~ w~=_ Jarom Wagoner Planner II Development Services Ada County Highway District CC: Project file City of Meridian (sent via email) Ada County Highway District • 3775 Adams Street • Garden City, ID • 63714 • PH 208-387-6100 • Fx 345-7650 • www.achdidaho.org Applicant's Responsibilities Prior to final approval the applicant will be required to submit construction plans to the ACHD Development Review Section for review and approval and to ensure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. The Plan Submittal Checklist can be found on the ACHD website at hftp://www.achdidaho.orglForms. • A traffic impact fee will be assessed by ACHD after plans have been submitted and approved, and will be due prior to the issuance of a building permit. For questions reaardina the submittal of vour construction plans and impact fee assessment please contact Kraia Wartman at 208-387-6170. • Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit must be obtained from ACHD. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 206-387-6100 • FX 345-7650 • www.achdidaho.org Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private sewer or water systems are prohibited from being located within the ACHD right-of- way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff far review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of apy change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Ada County Highway District • 3775 Adams Street • Garden City, ID • 03714 • PH 200-387-6100 • FX 345-7650 • www.achdidaho.org Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ®Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^Wdte a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its wnformance to District Policy. Items to be completed by Applicant: ^For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application' to ACHD Construction -Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up aPre-Construction Meeting an Erosion S Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by theACHD StormwaterSection. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre- Con being scheduled. ^ Final Approval from Development Services is required prior to scheduling aPre-Con. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83719 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (SO) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org