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OTD / PBA Final Approval Letter__ ADA C~iT]~TTY ~ *** r~ czos~ 28~-~soo DEVELOPMENT SERVICES ~ :. Pxo Fix c2os~ 2s~-~sos zoo w. ~xoivrr, Bois, maxo a~~oz-7soo BLTII.DIN(~'' ;ENGINEERING ?PLANNING • ZONIlJG August 18, 200$ WRG Design Meridian Centercal, LLC Dave Meldrum, PE 7455 SW Bridgeport Road, Suite 205 1173 E, Winding Creek Drive Tigazd, OR 97224 Eagle, iD 83616 RE: k~NAL APPROVAL of Files # 200800139 PBA, 20000140 OTD, 200800141 OTD, and 200800143 PBA Deaz Applicant and Owner: Our office is in receipt bf a recorded record of survey, proof of tax numbers and recorded deeds' as zequired for the above noted project files. Based upon these items, your one-tune divisions and property boundazy;adjustments have been granted final appxoval. if you have any questions or comments regarding this application you can contact me at (208} 287-7920. Sincerely, Steve Malone, Planner II 20080Q139 PBA, 200800140 OTD, 200800141 OTD, and 200800143 PBA 1 Meridian Centercal, LLC aDA coux~r~ tl *** PHQNE (208, 287-790U DEVELOPMENT SERVICES FAX (2081 287-7909 200 W. FRONT, BOISE. IDAHO 83702-7300 BUII.DING • ENGINEE}?lhi(1 • PLANNING ~ ZONING July 25, Zoos Meridian Centercal, LLC 7455 SW Bridgeport Road, Suite 205 Tigard, OR 97224 RE: 200800139 PBA, 200800140 OTD, 200800141 UTD (all in the RUT District) and 200800143 PBA (in the R6 District).. Creation of two new parcels through the C?ne Time Division process and twa property boundary adjustments with the intent to reconfigure.. the resultant five parcels to meet the owner's development goals. The property is located at the northeast corner of Fairview Avenue and Eagle Road, Meridian, ID, Section 4, Township 3N, Range lE. Dear Mr. Wester, On July 23, 2008, Ada County Development Services accepted your applications as described above. Based on stafYs review of the Ada County Code, these applicationshave been given tentative approval, subject to the Conditions of Approval listed in Exhibit A. Please note, this approval shall become null and void if the Conditions of Approval have not been met,, and if ou have nat obtained a letter of com letion issued b the Director within one eaz of the date of this approval letter. ,; This determination was made based. upon current information contained in the public record and interpretation of the Ada County Zoning Ordinance. You may appeal this decision to the Board of Ada County Commissioners. To do so, you must file the appeal within fif#een days of the date of this letter. The fee for filing an appeal is $350. If you have any questions, I,can be reached at {208) .287-7920 or at srnalone@adaweb.net. Sincerely, Steve Malone, Plazuler II Ada County Development Services cr. Richard Beck, Current Planning Supervisor.. 2008 IQeiner Family Trust Julius M. IQeiner Memorial Pazk Trust 3841 Carr Place N 217 W: Georgia Ave, Suite 100 Seattle, WA 98103 Nampa, ID 83686 200800139 FBA, 200800140 OTD, 200800141 OTD, 200800143 FBA Meridian Meuocal, LLC Page 1 of 7 t,,. -- STAFF ANALYSIS The applicant has requested .approval of two one time division applications and two property boundary adjustments .:for property located at the northeast corner of .Fairview Avenue and Eagle Road in Meridian. The proposal involves two tax parcels: S1104346603 (approximately 152 acres, zoned. RUT) and S1104438800 {approximately 19 acres, zoned R6). The RUT parcel has frontage on Eagle Road and Fairview Road. The R6 parcel has frontage on Fairview Road and N. Venture Street. in property status report File #200bOQ164 ZCA, staff concluded that the RUT parcel contained two conforming properties that are eligible for one time division per ACC 8-4B. In the current deeds, the properties are configured as rectangles with the shared long edge running north to south at approximately the center of the property. The applicant seeks to split each of these properties, resulting in #our new RUT parcels. The split is proposed at the approximate east- west centerline, resulting in four roughly equal size parcels of about 38 acres each {technically the easternmost parcel should be split north-sorxth to. assure that each parcel maintains the required street frontage, but this issue is resolved by the property boundary adjustment of the .resultant parcels). As shown in Exhibit 8, the four new RUT parcels and the existing R6..parcel will be reconfigured. All resultant parcels will meet minimum area and street frontage requirements for the respective districts, as follows: • New Parcel la will be 35.85 RUT acres with more than 1,200 feet of frontage on Eagle Road. • New Parcel ib wlll be 53.34 RUT acres with more than 1,200 #eet of frontage on Eagle.. Road and more than 1,800 feet of frontage on Fairview Road. • New Parcel 2 will be 60 acres, approximately 78 acres of which is zoned R6 and the balance RUT. It has approximately 290 feet of frontage on N. Venture Street. New. Parcel 3a will be 11 RUT acres with over 600 feet of frontage on Fairview Avenue. • New Parcel 3b will be 11.31 Rb acres with over 650 feet of frontage on Fairview Avenue and over ?00 feet of frontage on N. Venture Street. Based upon review of documents submitted. by the applicant and the analysis that follows, the Director concludes that, as conditioned, thisproposal complies with all applicable regulations and standards for the requested onetime divisions and property boundary adjustments. EXIFZIIBTTS Exhibit A Conditions of Approval Exhibit B Draft Record of Survey for Meridian Centercal, LLC recezved July 22, 2008 200800139 PBA, 200800140 OTD, 20080Q141 OTD, 200800143 PBA Meridian MetrocaE, LLC Page 2 of 7, t~ ~£. APPLICABLE LAW This section details the zoningordinance regulations, and other applicable standards regarding this proposal. L SeMion 8-2B-4 of the Ada County. Code. RESIDENTIAL BASE DISTRICT. DIMENSIONAL STANDARDS. Lists the dimensional standards for the residential base districts including the Medium Density Residential (R6) and Rural Urban Transition. (RUT) Districts. The R6 District requires a 6,000 sq f t m;r,;mum property size and b0 feet of street frontage. `The RUT District requires a 5-acre minimum property size and 250 feet of street frontage. 2. Article 8~B ofthe Ada County Code. ONE TIME DIVISION. Sections 8-4G4 and 8- 4C-5 sets forth the standards and required findings for a Properly Boundary Adjustment. (Ord. 389, 6-14-2000; amended) 8-4B-2 APPLICABILITY: These regulations apply to 1) 'Lots created prior to September 29, 1959 or 2) parcels of land. that were of record in the Ada County Recorder's office prior to January 1,.1985, (hereinafter referred to as the parcel ofrecord) the boundaries of which shall not have changed except for one or more of the following: A. The parcel of record was reduced by governmental action as specified in.Section 8-4A-19 of this Title; and/or B. The parcel of record was reduced by the conveyance of property #o a public utility for the purpose of constructing a public infrastructure facility; and/or C. The parcel of record received approval for a property boundary adjustment as specified in Chapter 4, Article C of this Title, and where the parcel of rernrd met both the following standards: 1. The. parcel of record had sufficient acreage to accomplish the one-time division prior to completion of the property boundary adjustment; and 2. The property boundary adjustment did not diminish the size of the parcel of .record such that it no longer has sufficient acreage to accomplish the one-time .division.. 8-4B3: PROCESS: A. An application and fees, as set forth in chapter 7, article A of this title, shall be submitted to the director on forms provided by the development services department. B. Upon tentative approval of `the application by the .director subject to any applicable conditions of approval and the regulations of subsection 8-7-2A of this title, the applicant or owner shall have one year to complete the. following tasks: 200800139 PB.~, 200800140 OTD, 200800141 OTD, 200$00143 PBA Meridian Metrocal, LLC Page 3 of 7 ~~ ~ _.. 1. Survey. 'the property and record a record of survey with the Ada County recorder; 2. Obtain new tax parcel numbers from the Ada County assessor; and 3. Provide .copies of the recorded .record of survey and the new tax parcel numbers to the director. C. issuance Of Approval Letter: Upon determination. by the director that the one time division is in'conformance with this article, the director shall issue a letter. stating that the one time division hasreceived final approval. 8-4B-4: STANDARDS: A. The proposed division steal! result in two parcels that comply with .the design and dimensional standards of this Title, except when the parcel of record has been diminished by governmental action, the Director may approve a reduced property size on one of the resulting parcels, subject to other regulations of this Title. B, The proposed division is not. a subdivision as defined in this Title. 8-4B-5: REQUIRED FINDING: In order to approve the application, the decision- making body shall find that the proposed one-time division complies with the standards in Section 8-4B-4 of this Title. 3. Article &4C. PROPERTY BOUNDARY ADJUSTMENT: Sections 8-4C-4 and $-~C-5 sets forth the standards and required findings for a Property Boundary Aduustment. (Ord. 389, 6-142000; amended) Section 8-4C-4. STANDARDS: A. A property boundary adjustment shall not reduce the property size below the m;n;mum dimensional standards prescribed by this title including regulations for individual wastewater treatment systems and wells as set forth in Sections 8- 4A-22 and 8-~A-23 of this title respectively. B. If one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by this title, .the .property boundary adjustment shall not increase the nonconformity. C. A property boundary adjustment shall not increase the original number of properties. D. A property boundary. adjustment shall not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner. E. The property boundary adjustment shall not constitute a relocation of a property. F. For putted lots, the` property boundary adjustment shall be in substantial conformance to the recorded plat. (ord. 389, 6-14-2000; amended and Ora.. 490, 4 16-2003) 200800139 FBA, 200800'!40 OTD, 200900141 OTD, 200800143 PBA Meridian Metrocal, LLC Page 4 of 7 ~ . ~,. Section 8~C-5t REQUT1tED FINDING: In order to approve the application, the decision-making body shall find that the proposed property boundary. adjustment complies with the standards inSection 8-4C-4 of this Title. 4. Section 8-6-2C of the Ada County Code. EXCEP'TIQNS TO SUBDIVISION REGULATIONS. Establishes divisions of property that shall not constitute a subdivision including, but not limited to, a one-time division. FINDINGS OF FACT If any of these Findings. of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. RESIDENTIAL BASE DISTRICTS 1. As evidenced by the proposed record of survey (Exhibit B), the Director finds that the resultant parcels that will be created after the one time divisions and property boundary adjustments meet the minunum standards for their respective districts as follows: • New Parcel la is situated in the RUT District and exceeds 5 acres in size and has more than 250 feet of frontage on Eagle Road. • New Parcel 1b is situated in the RUT District and exceeds 5 acres in size and has more than 250 feet of frontage on both Eagle Road and Fairview Avenue. • New Pazcel 2 is situated in both the RUT and R6 Districts and exceeds 5 acres in size and has more than 250 feet of frontage on N. Venture Road. • IVew Parcel 3a is situated in the RUT District and exceeds 5 acres in size and has more than 250 feet of frontage on Eagle Road. • New Parcel 3b is situated in the R6 District and exceeds b,000 sq ft in size and has more than 60 feet of frontage on both Fairview Avenue and N. Venture Road. ONETIME DMSION 2. The Director finds this application complies with Article 8-4B-4 of the Ada County Code in that Tax Parcel # S1104346603 was deemed to consist of two conforming properties each eligible for one time division under File #200600164 ZCA. 3. The Director finds that this application results in two parcels (one extra parcel for each existing conforming parcel) that comply with the applicable base district dimensional standards, as each resultant parcel is approximately 38 acres in size :and has more than 250 feet of frontage on a public road. 4. The Director fords that the one time division will not constitute a subdivision as defined by the Ada.County Code(8-6-2C). PROPERTY BOUNDARY ADJUSTMENT 5. The Director finds that this proposal complies with Article 8-4C of the Ada County Code as follows: A. As evidenced in the record, the property boundary adjustment will not reduce the ..property size of any parcels below the minimum dimensional standards set #orth in the respective RUT and R6 Districts, and that all resultant parcels exceed the five 200800139 PBA, 200800140 OTD,300800141 OTD, 200800143 PBA Meridian Metrocal, LLC Page 5 of 7 acre minimum property size for individual septic systems (and Meridian sewer is available in both Eagle Road and Fairview Avenue). B. , As evidenced in the record, all existing and resultant parcels are conforming properties. C. As evidenced in the record, the property boundary adjustment will not result in an increase in the number of properties. D. The. pxoperty boundary adjustment does change or move any public streets, private roads, or publicly dedicated areas. E. As evidenced in the record, the property boundary adjustment will not constitute the relocation of property. Two parcels aze reduced in size and remain conforming properties, two properties aze increased in size and one property remains essentially the same size. All parcels retain a significant portion of the parent parcel. F. As evidenced in the record, .the subject property is not.. part of a recorded subdivision. CONCLUSIONS OF LAW R any of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the Findings of Fact section. 1. The Director concludes that File Numbers 200800139. PBA, 200800140 OTD, 200800141 OTD, and 200800143 PBA complies with Article &4D-5 (Required Findings for a One Time 'Division) of the Ada County Code. 2 The Director concludes that File Numbers 200800139 PBA, 200800140 OTD, 200800141 OTD, and 200800143 PBA complies .with Article 8-4C-5 (Required Findings for a Property 'Boundary Adjustment) of the Ada County Code. ORDER Based upon the Findings of Fact and Conclusions of Law contained in this Staff Report, the Director grants tentative approval of File Numbers 200800139 PBA, 200800140 OTD, 200800141 OTD,.and 200800143 PBA. Final approval shall be granted upon meeting the conditions of approval outlined in the attached Exhibit A. 20080Q139 PBA, 200800140 OTD, 200800141 OTD, 200800143 PBA Meridian Metrocal, LLC Page 6 of 7 i~ ~` EXHIBIT A CONDITIONS OF APPROVAL FILE NUMBER 200800139 PBA, 200800140 OTD, 200800141 OTD, 200$00143 PBA MERIDIAN CENTERCAL, LLC REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF FILE NUMBER 200800139 PBA, 200800140 OTD, 200800141 OTD, 200800143 PBA WILL BE CONSIDERED FINAL. THE APPLICANT' AND/OR OWNER HAVE UNTIL ONE MBAR FROM THE DATE OF TENTATIVE APPROVAL TO COMPLETE THE REQUIRED ACTIONS. THIS TENTATIVE APPROVAL SHALL BECOME VOID IF A FINAL APPROVAL LETTER IS NOT REOUESTED AND ISSUED BY• JULY 25, 2409 1. The applicant and/or owner shall have a Record of Survey completed by a professionally licensed surveyor, and record the Record of Survey with the County Recorder's office. 2. The applicant and/or owner steal! obtain new tax parcel numbers from the Ada County Assessor. 3. The applicant and/or owner shall provide the following documentation to the Director: a) One 81/2" X 11" copy of the recorded Record of Survey. b) One copy of the recorded deed(s). c) Proof of assignment of tax parcel numbers. 4. Upon completing the above tasks, to gain final approval the applicant shall request a letter from the Director that states that the Property Boundary Adjustment and One Time Division has received final approval. 5. Appeals. The appeal period shall begin on the date of the written decision of the Director and shall last for 15 calendar days. In the event the decision of the Director is appealed, the zoning certificate will not be issued until the appeal isresolved in favor of the proposed development. See Section 8-7-7 of the Ada County Code for more information on appeals. 200800139 PBA, 200800140 OTD, 200600141 OTD, 200800143 PBA Meridian Metrocal, LLC Page 7 of 7 ; ~ "-- ~. `~ 3 t ~• '~ti t New Parcel 2 ~ +" 60.00 Ares t ~ ~ r o ~ e e Existing Parcel 2 ° ~ ~ 78.75 1 ` Acres ~ _ Y ~. I ~ ~ New Parcel 3 Parcel 3 I--- ~ ..r.., ~ ~ 22.32 Acres t ~ 79.30 '- ~ Acres . _ _ .- ,-- - _~+ d d s , ~~ ~ ~ '''° ...Legend ~. ~ ~~ _ gabtlnq Y LNG - - gropOpa lol lint ____.x x~.. , FatWrq F~not LYa Q - ~isanq ~"•'Sil~ 9 scALE ~°=500' RECE~I~ED soo 250 0', soo J U L 2 3 ~' Parcel 1, 2, and 3 Lot Line Adjustment Exhibit ~ECTNO. cc~-roro o c:~ o r ~ N o. LATE: 0710309 ' Meridian Town Center r ~~~ e. vnna'ny ae.k a.. ~.y.. io 03eto $Y: PZC T.~ zue zee.eaoo ~: ~e a~e.a3zn Meridian CanterCaf, LLC. SCALE: ~" = 50p' n.r.......d.. ~.~.+w.eew.a.. em... Meridian, ldef,o SFlEETNO. 2 ...,.. o ~j a~3 ~ ~ ~ ~~~~~a~~~~ ~ ~' ~I~ ~ ~ ~ ~ ~ ~~~ ~ J~ L I IWO ~ o o a a B.. E~ ~ i ~ ~,~~ ! i ~ e w ~ ~ ~~~~ a~~~~~iai~ii~~~i~~ f~~ o~~~~ ~ ~ i~~1 I t I ~ 9 l---~_- - ---- ~--I ~; ~1---___! L^-__- y /~ T"I""! ~~_ x- -- -- -P~f __ __ ~ ~ a ~~~~ "ACC ~' / ~ !P P g ` i ~LZC w • P.L ~~ twl.w.w /.. !rP ~ ~~ . ~~~ i 1 ~'~tLYLtL !4/lA1.07~'J L ._....~.~~_ _ •L70 1 ~r ~~1~-~~ % ~ i ~ ~~ Ih~ ~ g ~i +~ ~ ~ ~ ~ w y N ~ !1 ~g1 l ~~^^~ } h x ~ ~ 1 ,- ~~Ff ~ ~ ~ ~ ~ ~ ¢ ~ / ~, \ / R / ~ ` ~ +r ` ~ ~ ~~ 3i .. ~_ I~~ r / , ,1~° k i +' ~ ~ / ; P ./ i xLlfl P~A410~uw \ ~ /L~7Q. ~ ~ ~ a .L. i ~ ....,_......,..~_.____~~_..____~ ~ ..-.~_._,___ p71E~ ~~W ~._____ OC .u: L ~ .11,E G ~ ~ ~~ PI fi ! I ~ ~~ as a ~; ~ ~ ~ ~~ ~ ~~ 1 / 1 ~ z "~ ~ s ?L ~ 1~ ~i ~ ( ~ ,~ , ~ ~ M~ ~:-- 1 1 ,wol °"s oval ' aw.;.:: ~iasT -----*:Ail~uiv ;v - - ---------------s,.e..ww-- ------ EXHiBtT Machelle Hill From: Sonya Waters Sent: Tuesday, August 21, 2012 1:02 PM To: Machelle Hill Subject: FW: OTDs &PBAs/NE Corner of Eagle and Fairview Rds Attachments: DOC.pdf Will you please save a copy of the attached letter in the Meridian Town Center AZ a* Kleiner, David MDA files? Thx! From: Mark Perfect [mailto:DSPERFMA@adaweb.net] Sent: Tuesday, August 21, 2012 12:18 PM To: Sonya Wafters Subject: OTDs &PBAs/NE Corner of Eagle and Fairview Rds Sonya, See attachment above that includes both the staff report and final approval letter for the 2 PBAs and 2 OTDs. Please let me know if I can be of further assistance on this matter. Sincerely, .Mar~.~ Pct Planning & Zoning Administrator Ada County Development Services 200 W Front Street Boise ID 83702 Direct: (208) 287-7923 Fax: (208) 287-7959 Email: dsperfmaC~adaweb.net