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
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Attest:
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Cif`//e^~--~+
CITY CLERK
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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.
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STATE OF IDAHO )
Residing at: i~as~,
My Commission Expires:
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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
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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
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MERIDIAN PI1661C
WORKS DEPT.
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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
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CITY Ql° MERIDIAN PLANNING ANULONING bEPAATMENT STppP R$PORT. QUESTIONS? CALL (208) BS4-5533
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CIT\' OP MERIDIAN PLANNING A.ND ZO1.~ING DEPARTAIGNI' STgFF REPORT QUESTION87 CAtI- (20S) 584-5539
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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
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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
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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
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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
$r Chapter VII of rite Comprehensive Plan, `medium density' is defined as areas nicludin s'
family homes at densities of three to eight dwelling units per acre. Staff fords That the reque~stled
zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive
Plan and Future Land Use Map, which designates the land to be "Medium Density Residential"
and "Low Density Residential". T[re 3.59 dwelling touts per acre proposed with the preliminary
plat are consistent with previous Commission and Council actions and generally conform to the
goals, objectives, and action items contained in the Comprehensive Plan £or this area, Jn addition,
in the applicant's cover letter (dated April 15, 2005, revised May 24, 2004) lists several
Comprehensive Plan policies, all of which support the annexation and proposed residential use of
the property,
In Chapter VII of the Comprehensive Plan, `Low density' Is defined as areas including single-
farnily horues at densities of tluee dwellin t nits or less ner acre. The applicant is requesting drat
HOLLY6ROOK SU9ll1VISfON
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PAGES
CITY OF ML•RIAIAN PLANNING AND ZONING bEPARTMENTSTAPP REPORT, QUHSTIONS? CALL (ZOS) 884-5533
all the subject site be zoned R-8 (Medium Density Residential}. The R-8 disyzict allows for a
maximum o£ eight (S) dwelling units per acre (MCGI1-7-2,C), however the design more closely
resembles an 12-4 development. The applicant's requested design provides for larger Iols
consistent with a lower density trmtsitional area. The comprehensive plan also states on page 104,
Objective D- Plan for appropriate uses within rural areas: 'Require neu+ ut$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
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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
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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
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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