Sgroi Property MDA-12-005CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for the Sgroi
Property Located at 4405 E. Ustick Road, by Nunzio Sgroi.
Case No(s). NIDA -12-005
For the City Council Hearing Date of: October 2, 2012 (Findings on October 16, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 2, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 2, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 2, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 2, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -12-005
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 2, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the development agreement is hereby approved
per the provisions contained in the attached Staff Report for the hearing date of October 2,
2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification (UDC 11 -5B -3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 2, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -12-005
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a
By action of the City Council at its regular meeting held on the o�3r' day of 0&iOi2�X
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED At),Sen�
VOTED A4_t
VOTED A � e
VOTED Al P.
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: • Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -12-005
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EXHIBIT A
STAFF REPORT Hearing Date: October 2, 2012
TO: Mayor & City Council C�E IDIAN�-
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: MDA -12-005 — Sgroi Property
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Nunzio Sgroi, requests approval to amend the conceptual development plan and associated
text in the existing development agreement (DA) to allow for the development of a single-family residential
subdivision.
The proposed concept plan depicts fourteen (14) single-family detached homes and two (2) townhomes on
2.81 acres of land in an R-8 zoning district, consistent with the Comprehensive Plan future land use map
(FLUM) designation of medium density residential (MDR). See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA consistent with the Comprehensive Plan.
The Meridian City Council heard these items on October 2, 2012, At the public hearjnn. the Council
approved the subject MDA request
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA -12-005 as
presented in the staff report for the hearing date of October 2, 2012, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA -12-005 as presented
during the hearing on October 2, 2012, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA -12-005 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
Sgroi Property MDA -12-005
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III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA -12-005 as
presented in the staff report for the hearing date of October 2, 2012, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA -12-005 as presented
during the hearing on October 2, 2012, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA -12-005 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
Sgroi Property MDA -12-005
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 4405 E. Ustick Road, in Section 4, Township 3N., Range IE.
B. Owner(s):
Nunzio Sgroi
250 Twin House Rd.
Cottonwood, ID 83522
C. Applicant:
Same as owner
D. Representative:
Denise Lauerman, The Land Group
462 E. Shore Drive, Ste. 100
Eagle, ID 83616
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 10, and 24, 2012
C. Radius notices mailed to properties within 300 feet on: September 7, 2012
D. Applicant posted notice on site by: September 18, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: This property currently has a single-family home on it and is zoned
RI in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Residential property in City of Boise, zoned R -1C and L -OD (Boise City)
2. East: Elementary school, zoned A-1 (Boise City)
3. South: Single-family residential properties in Redfeather Subdivision, zoned R-4
4. West: Rural residential property, zoned RUT in Ada County and single-family residential properties
in Redfeather Subdivision, zoned R-4
C. History of Previous Actions:
• In 2008, the City Council approved an annexation and zoning (AZ -08-011) application for this
property with an R-8 zone for the development of an assisted living facility. A development
agreement was required as a provision of annexation and was recorded as Instrument #112043739.
• In 2011, City Council approved a request for the development agreement to be amended (MDA -11-
007) to allow an extended period of time, up to two years, for the agreement to be signed. The
agreement was signed and recorded on May 9, 2012.
• On April 17, 2012, the City Council denied a request for a modification to the development
agreement (MDA -12-001). The applicant proposed to modify the conceptual development plan
Sgroi Property MDA -12-005
EXHIBIT A
approved with the annexation to allow for the development of a single-family residential
subdivision.
D. Utilities:
1. Public Works:
a. Location of sewer: E Arch Drive.
b. Location of water: E Arch Drive.
c. Issues or concerns: The applicant will need to provide sewer and water service to 4313 Ustick
Road.
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land
Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses may
include single-family homes at densities of 3 to 8 dwelling units per acre.
The conceptual development plan proposed with this application depicts a residential subdivision consisting
of 14 single-family detached homes and 2 townhomes at a gross density of 5.7 dwelling units per acre. The
proposed density is consistent with the MDR designation for this property and falls midway within the
range desired of 3 to 8 dwelling units per acre.
The following objectives and goals from the Comprehensive Plan are applicable to the proposed
development:
• "Require landscape street buffers for new development along all entryway corridors."
Ustick Road which abuts this site at the north boundary is designated as an entryway corridor. As such,
a 35 foot wide street buffer is required to be constructed by the applicant as shown on the conceptual
development plan.
"Phase in residential development in accordance with their connection to the municipal sewer and water
system."
City water & sewer services are available for hook-up to the proposed development.
"Protect existing residential properties from incompatible land use development on adjacent parcels."
Existing residential properties lie to the west, south, and north (across Ustick Road) of this site.
Because existing lot sizes, density, and home sizes in Redfeather subdivision are consistent with the
subject proposal, Staff is of the opinion the proposed development is compatible with existing
residential properties. Further, staff is of the opinion the proposed development is also compatible with
the elementary school to the east.
• "Ensure development provides safe routes and access to schools, parks and other community gathering
places."
Internal sidewalks are proposed within the development which will connect to the sidewalk along E.
Arch Drive at the south boundary of the site which leads to a pathway to the elementary school
Sgroi Property MDA -12-005
EXHIBIT A
approximately 100 feet to the south of the site. An existing sidewalk along Ustick Road also provides
access to the elementary school.
"Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities."
The proposed concept plan is for a medium density residential subdivision consisting of single-family
detached homes with one townhome structure for a variety of housing options within the development.
The proposed plan will provide a slightly higher density and transition from Redfeather Subdivision to
the school with 5.7 and 3.82 dwelling units per acre respectively.
• "Support infill of vacant lots in substantially developed, single-family areas at densities similar to
surrounding development..."
This infill property is rural residential with one home on 2.81 acres of land. Redfeather Subdivision lies
to the south and southwest of this site and has a similar density (3.62 dwelling units per acre, not
including open space) to what is proposed with this application (5.7 dwelling units per acre).
"Reduce the number of existing access points onto arterial streets by using methods such as cross -
access agreements, access management, and frontage/backage roads."
Access to the site is proposed on the concept plan via E. Arch Drive, an existing internal local street in
Redfeather Subdivision; access to Ustick Road is prohibited per UDC 11 -3A -3A and ACHD standards.
A driveway access is also shown on the plan to the property to the west for future interconnectivity and
cross -access to reduce access points on Ustick Road.
• "Require new residential development to meet development standards regarding landscaping, signage,
fences and walls, etc."
The applicant will be required to meet all UDC standards pertaining to landscaping, signage, and
fencing on the site.
In summary, staff is of the opinion the proposed development is consistent with the MDR future land use
designation for the property and adjacent residential and school uses for the above -stated reasons.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts
are distinguished by the allowable density of dwelling units per acre and corresponding housing types
that can be accommodated within the density range.
B. Zoning Schedule of Use Control (UDC 11-2A): Single-family detached and townhouse dwellings are
listed in the UDC as principal permitted uses in the R-8 zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for an amendment to the existing Development Agreement (DA) to allow for the
development of a single-family residential subdivision on the site. The amendment includes a new
conceptual development plan, sample building elevations, and changes to associated provisions of the
DA.
The current concept plan included in the DA is for an assisted living facility. No other land uses are
allowed without modification of the agreement. The agreement states that if the site does not develop as
Sgroi Property MDA -12-005
EXHIBIT A
an assisted living facility, residential densities in excess of those allowed in the R-4 district would not
be allowed.
The site is zoned R-8 and consists of 2.81 acres of land. The proposed concept plan depicts 14 single-
family detached homes and 2 townhomes on the site with a gross density of 5.7 dwelling units per acre
consistent with the FLUM designation of medium density residential and R-8 zoning. Because the site
is below 5 acres in size, no open space is required.
The proposed concept plan depicts access to/from the site via E. Arch Drive in Redfeather Estates
Subdivision No. 2 at the south property boundary; access to Ustick Road is prohibited per UDC 11-3A-
3 and ACHD standards because access is available via a local street. A center median is proposed at the
entry of the subdivision as a traffic calming device.
The applicant has submitted 10 different sample building elevations of homes that may be constructed
on the site (see Exhibit A.3). There is a wide variety of styles, mix of materials and design proposed.
Future development should substantially comply with these elevations.
A 35 -foot wide landscape street buffer is required adjacent to Ustick Road, an entryway corridor, as
shown on the concept plan. A 5 -foot wide sidewalk has been recently constructed along Ustick Road.
Because the site is less than 5 acres in size, open space and site amenities are not required to be
provided.
At the last hearing for the MDA application proposed by the applicant, which Council denied, Council
felt very strongly that the density for the proposed subdivision should be consistent with the adjacent R-
4 zoned residential subdivision, Redfeather Estates Subdivision No. 2. For this reason, staff has
performed an in depth review of what was approved with Redfeather vs. what is proposed with this
application and have concluded the following:
• Although Redfeather is zoned R-4, a planned development (PD) (CUP -03-041) was approved
in 2003 that allowed reductions to the minimum dimensional standards of the R-4 district as
follows: lot size — 5,250 square feet (s.£); street frontage — 33' to 37'; and house size —1,200
s.f.
In comparison, lot sizes shown on the concept plan for single-family detached homes range
from 5,039 to 6,671 sf.; street frontages range from 50' to 60'; and detached home sizes are a
minimum of 1,501 sf. The minimum streetfrontages and house sizes proposed are actually
greater than the minimum standards approved through the PD for Redfeather. Further, all of
the proposed homes actually exceed the minimum house size in the R-4 district of 1,400 sf.
• The preliminary plat (PP -03-024) for Redfeather Estates Subdivision No. 2 consisted of 302
building lots on 90.29 acres of land. The gross density of the overall subdivision, not including
common area, is 3.82 dwelling units per acre. Redfeather consists of a variety of lot sizes and
home sizes with minimum lot and home sizes below the R-4 standards and minimum street
frontages below the R-8 standards.
All of the proposed lots in the subject request are consistent with the minimum dimensional
standards of the R-8 district [i. e. property size — 5, 000 sf. (detached) & 4, 000 sf. (attached);
street frontage 50 J. House sizes actually exceed the R-4 standard of 1, 400 sf and some of the
street frontages meet the minimum 60' required in the R-4 district.
• The sample elevations submitted with this application consist of a wide variety of styles,
building materials, mix of materials and design.
Staff has visited Redfeather subdivision and finds the proposed building elevations to be
comparable with homes adjacent to the site in quality of design and materials.
Sgroi Property MDA -12-005
EXHIBIT A
The applicant proposes the following modifications to the provisions in the development agreement in
strike-out/underline format: (Staff's comments are shown below in italics)
5.1.3
�a..0 u.w. �.v v�..v. ..v .. �a....0 uuv, ....J..,......5 ....... ...,....,............, .,...b... �».....>, »»1.,.�.�, .,.
te,Amheuse subdivisions, shall be allowed on this site witheu4 Gity Couneil appr-eval fe
1'F t' f the bj t PA. A aft of any F,ture DA ., .alma.,, er.. eldtions shell he
pr-evided. if this site does not develep as an assisted living f4eility as pr-opesed, msiden4ial
densities :n exeess of these ellewea :ft the v n a:st..:etwould fiat he „lt, Wea. The site shall be
developed into a residential subdivision consisting of fourteen (14) single-family lots and two
(2) townhome lots consistent with the conceptual develonment plan and building elevations
included in Exhibit A.3.
Staff is in agreement with the proposed change along with the added text shown in double
underline recommended by staff.
• 5.1.4 — A Ce..t:F:eete of Zoning r,....plia ee (CZC) . pheation shell he submitted to the
Planning DepaAment for- appfeval of the proposed assisted living f4eility or any ethef: new use.
Th site 1 submitted ith the GZG shell subs4e«t:..lh, a ply with the e pt.,el
development plan .,tt.,el ed to the st^rr,.epe..t The proposed conceptual development plan and
building elevations are included as an exhibit with the Development Agreement.
Because a CZC is required for approval of the townhomes, staff recommends this provision be
left in and modified as follows:
"A Certificate of Zoning Compliance (CZC) and design review (DES) application shall be
submitted to the Planning Department for approval of the proposed
afiy townhomes. The site plan and elevations submitted with the CZC and DES
application shall substantially comply with the conceptual development plan and building
elevations attached est as Exhibit A.3."
In summary, Staff is of the opinion the Council's concerns regarding compatibility between the existing
and proposed residential developments have been addressed. Based on the information provided above,
Staff is of the opinion the proposed development is compatible with the adjacent elementary school and
is consistent with the comprehensive plan. Therefore, Staff recommends approval of the applicant's
request and recommends the DA provisions be modified in accord with Exhibit A.4.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Previous Conceptual Development Plan and Building Elevation
3. Proposed Conceptual Development Plan & Sample Building Elevations
4. Staff Recommended Changes to Development Agreement
Sgroi Property MDA -12-005
EXHIBIT A
Exhibit AA: Vicinity/Zoning Map
Sgroi Property MDA -12-005
EXHIBIT A
Exhibit A.2: Previous Conceptual Development Plan & Building Elevations
FRONT WILDING ELEVATION
Sgroi Property MDA -12-005
EXHIBIT A
Exhibit A.3: Proposed Conceptual Development Plan & Sample Building Elevations
Sgroi Property MDA -12-005
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EXHIBIT A
Exhibit A.4 — Staff Recommended Changes to Development Agreement
The changes to the Development Agreement recommended by Staff are shown below in strike-out/underline
format. Staff has included all of sections 4 and 5, including the portions not proposed to change (shown in
regular type), for Council's benefit.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning
Ordinance codified at Meridian Unified Development Code § 11-2A.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special conditions:
1. The development of the site and any future structures on the site shall comply with the design
standards listed in the UDC that pertain to sites that are located adjacent to entryway corridors.
2. Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N.
Sharon Avenue. Cross -access shall be provided to the property to the west (parcel
#S 11041211100) for future interconnectivity.
A eenditional use peFmit is required for- development of an assisted living faeilittp� On this site
other- new land use, ineluding but not limited te single family, duplex, or- tewnheuse subdivi
shall be allowed aft this site without City Couneil approval fef medifleafien of the subjeet DA. A
paft of afty ftAur-e DA amendment, elevations shall be pr-evided. if this site does not develop as a
assisted living faeility as proposed, residential densities in exeess of those allowed in the R 4
The site shall be developed into a residential subdivision consisting
of fourteen (14,) single-family lots and two (2) townhome lots (or fewergenerally consistent with
the conceptual development plan and building elevations included in Exhibit A.3.
4. A Certificate of Zoning Compliance (CZC) and design review (DES) application shall be submitted
to the Planning Department for approval of the proposed assisted living f4eility ^ other- new
ase-townhomes. The site plan and elevations submitted with the CZC and DES application shall
substantially comply with the conceptual development plan and building elevations attached to the
staff repert_as Exhibit A.3.
5. The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
6. The applicant will be responsible to stub sewer and water services to 4315 E. Ustick Road, parcel #
S11041211100. Contact Meridian Public Works for size and routing.
7. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208) 898-5500 for inspections or disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources,
Contact Robert B. Whitney at (208) 334-2190.
8. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact
Central District Health for abandonment procedures and inspections (208) 375-5211.
Sgroi Property MDA -12-005 14