Bienville Square PP 12-013 MDA-12-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E ID$ IAN~-
~J
In the Matter of Preliminary Plat Approval Consisting of 29 Residential Lots and 5 Common Lots
AND Development Agreement Modification to Amend Certain Provisions in the Recorded
Development Agreement (Instrument #107044347) for Bienville Square East Subdivision, Located
West of N. Eagle Road, South of E. Ustick Road, by Alliance Management Consultants
Case No(s). PP-12-013 and MDA-12-008
For the City Council Hearing Date of: December 4, 2012 (Findings on December 18, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 4,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 4, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-013 and MDA-12-008
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 4, 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-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for preliminary plat and development agreement modification is hereby
conditionally approved per the conditions of approval in the attached Staff Report for the
hearing date of December 4, 2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
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 annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-013 and MDA-12-008
-2-
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 December 4, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-013 and MDA-12-008
-3-
By action of the City Council at its regular meeting held on the /O day of
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tal
Attest: ~e ~,~;c~+o e u
0
2
1- 1 1 _ „ City of
VOTED
VOTED__ (~~.
VOTED
VOTED
VOTED
Weerd
City Clerk y,
~, SEAL
HtfF O~fde iPf•ABU`T6
Copy served upon Applicant, The Planning t,
Public Works Deparhnent and City Attorney.
Q.((~ i Dated: ~ ~ ~ Q( I~ ~ ~
Ci ler c' ffice
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-I2-013 and MDA-12-008
4-
EXHIBIT A
STAFF REPORT E I'~Il"kl ~i'~'
Hearing Date: December 4, 2012 1 D A N d
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: PP-12-013 and MDA-12-008 -Bienville Square East
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Alliance Management Consultants, has requested approval for the following
applications:
1) preliminary plat (PP) approval for 29 residential lots (28 single family and lmulti-family lot) and 5
common other lots on 7.89 acres of land in an R-15 zoning district and;
2) development agreement modification (MDA) to modify the concept plan and certain provisions
contained in the recorded development agreement for Bienville Square Subdivision.
2. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed preliminary plat and development agreement
modification based on the Findings of Fact and Conclusions of Law in Exhibit C subject to the
condition of approvals in Exhibit B of the staff report. The Meridian Planning & ZOning
Commission heard these items on November 1.2012. At the public hearing, the Commission
voted to recommend approval of the subject PP and MDA requests.
a. Summary of Commission Public Hearing:
i. In favor: Bob Unger and Brian McClure
ii. In opposition: Pat McBrier
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. The amount of usable open space planned for the development.
ii. The completion of the private street with the first phase.
iii. The narrow lots and the ability to stagger the units to provide private patios for the
future residents.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for Citv Council:
i. None
he Meridian City Council heard the a items nn Decemher 4.2012. At the uublic hearing. the
ouncil annroved the subject PP and MDA reaue t
~_ Summary of Citv Council Public Hearing:
L In favor: Bob Under
li: In onnosition: None
lilt Commenting: Frank Glodowski
Bienville Square East PP-12-013; MDA-12-008 - 1 -
EXHIBIT A
lY~ Written testimony: None
~ Staff nresentin~ annlication: Bill Parsons
yi. Other staff commenting on annlication: None
I2, ev I ue of Di c ~ ion by ouncil:
L auare footage of the nronosed unit
11: onsistencv of the CCR's between the existing Bienville Sauare Subdivision an
e nronosed Bienville Sauare East development
~ ev Council Change to aff/ .nmmicsinn R .commendation
L None - -
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP-12-013
and MDA-12-008 as presented in staff report for the hearing date of December 4, 2012 with the
following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers PP-12-013 and MDA-12-008 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers PP-12-013
and MDA-12-008 as presented during the hearing on December 4, 2012 for the following reasons:.
(You should state specific reasons for denial of the plat and development agreement modification.)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location
The subject property is located on the west side of N. Eagle Road, south of E. Ustick Road in the
northeast'/4 of Section 5, Township 3 North, Range 1 East.
B. Owner:
Idaho Mutual Trust
12594 W. Explorer Drive, Suite # 100
Boise, ID 73714
C. Applicant:
Alliance Management Consultants
290 Bobwhite Court, suite #220
Boise, ID 83706
D. Representative:
Bob Unger, ULC Management LLC, (861-5220)
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
5. PROCESS FACTS
A. The subject applications are for a preliminary plat and a development agreement modification. A
public hearing is required before the Planning & Zoning Commission and City Council on this
matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 15, and 29, 2012 (Commission); November 12,
Bienville Square East PP-12-013; MDA-12-008 - 2 -
EXHIBIT A
and 26, 2012 (Council)
C. Radius notices mailed to properties within 300 feet on: October 12, 2012 (Commission);
November 8, 2012 (Council)
D. Applicant posted notice on site by: October 22, 2012 (Commission); November 19, 2012
Council
6. LAND USE
A. Existing Land Use(s): The subject property is currently vacant land, zoned R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly
developed with a mix of single family residences and several commercial buildings.
North: Vacant commercial land, zoned C-G
West: Bienville Square Subdivision, zoned R-8
South: Carols Subdivision, zoned R-1 and R-2
East: Bienville Square Subdivision, zoned C-G
C. History of Previous Actions:
• In 2004, a portion of the property (approximately 10 acres) was annexed (AZ-03-018) into the
City with the C-G zone. A development agreement (instrument # 104107406) was required with
the annexation of the property.
• In 2005, the subject property (18.43 acres) was granted annexation (AZ-OS-057), rezone (10.05
acres zoned R-8, R-15 & C-G), preliminary plat (PP-OS-059) and conditional use permit (CUP-
OS-052) approval for a mixed use development consisting of 54 residential lots, 22 multi-family
lots, 14 common lots and 7 commercial lots. A Development Agreement was required as a
provision of annexation and subsequently recorded (Instrument #107044347).
• A final plat (FP-07-012) was approved by City Council consisting of 52 single-family lots, 1
multi-family lot, 6 commercial lots and 7 common lots on 27.36 acres. The multi-family lot is
now proposed for platting.
D. Utilities:
1. Public Works:
a. Location of water: All utilities are available and stubbed to the proposed lots.
b. Location of sewer: All utilities are available and stubbed to the proposed lots.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Finch Lateral courses the southern boundary and the Milks
Lateral is tiled and bisects the property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: It does not appear the site is impacted by the flood plain.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The site is designated "Mixed-use Regional" on the future land use map. The mixed-use area
anticipates densities between six and forty dwellings per acre. The proposed preliminary plat includes
29 residential lots and 5 common lots on 7.89 acres for a total gross density of 3.67 dwelling units/acre
Bienville Square East PP-12-013; MDA-12-008 - 3 -
EXHIBIT A
slightly below the anticipated density stated in the Comprehensive Plan. The reason for discrepancy in
density is because one of the residential lots is 4.23 acres and may include a future multi-family
development. Excluding the proposed 4.23 acre lot, the gross density for the single family lots is
substantially higher at 12.67 dwelling units to the acre.
As mentioned above, the Bienville Square project was approved as a mixed use development. Several
commercial buildings are constructed on the site and single family homes are developed on the
western boundary. The applicant is proposing to development additional single family homes within
the development. A larger lot is also being proposed that may develop with multi-family housing as
envisioned under the previous concept plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
• Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City. (Chapter 3, pg. 45)
City services are available to service the proposed development and were installed with the
previous subdivision approval.
• Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow (Chapter3, pg. 48)
A segment of the approved private street was not constructed with the original Bienville Square
project which includes access to Ustick Road and Eagle Road. The road network is not changing
with the subject application. Staff is of the opinion the remaining portion of the private street
should be completed in its entirety consistent with the approvals in 2005 so the development has a
completed internal street network.
• Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system (Chapter 3, pg. 48).
The Bienville Square Subdivision was approved with pedestrian connectivity. A 10 foot wide
multi-use pathway was constructed along the southern and western boundaries. Additionally, the
internal micropaths were constructed. The proposed development also includes a micropath that
provides connectivity to the existing system.
• Require common areas for all subdivisions (Chapter 3, pg. 54)
The applicant is required to provide 10 percent common open space. The open space includes two
passive open space lots and street buffers. The proposed plan indicates 0.52 acres of open space
which is 0.26 acres less than the amount required by ordinance. The applicant must comply with
the 10 percent open space required by ordinance.
One of the passive open space lots is identified as a dog park area. Staff is supportive of the
proposed amenity. This area must comply with UDC 11-3G-3C.h.
• Protect existing residential properties from incompatible land use development on adjacent parcels
(Chapter 3, pg. 52).
The applicant is proposing to develop 28 single family lots (single family detached and attached
homes) and one multi family lot. The original concept plan envisioned a transition in uses between
the commercial lots along Eagle Road and the single family homes to the west. A multi family
development was to provide a buffer between the single family homes and the commercial adjacent
to Eagle Road.
Bienville Square East PP-12-013; MDA-12-008 - 4 -
EXHIBIT A
The applicant is proposing alley-loaded homes along the north side of N. Leblanc Street which
transitions to a future multi family development. This transition keeps the integrity of the plan and
provides the buffering between the proposed multi family lot and commercial uses to the east.
After considering all of these factors staff is of the opinion that the proposed development is generally
consistent with comprehensive plan.
8. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) Table 11-2A-2 lists single-family
detached and single-family attached homes as principally permitted uses in the R-15 zoning
district.
b. Purpose Statement of Zones: R-15: 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.
c. General Standards:
All of the proposed lots must comply with the standard street frontage and lot size
requirements of the R-15 zone established in the UDC. No dimensional modifications are
being requested for the proposed development.
The subdivision must comply with the subdivision design and standards outlined in UDC 11-
6C-3.
d. Landscaping:
1. Percentage of site as open space: Per UDC 11-3G-3, the plat is required to provide 10
percent open space and one site amenity.
2. The planned micro paths are required to comply with the design standards in accord with
UDC 11-3A-8 and UDC 11-3B-12.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
MDA Application: The applicant is proposing to re-plat Lot 23, Block 1 of Bienville Square
Subdivision. The approved concept plan showed 22 multi-family lots. The proposed concept plan
depicts 28 single family lots and lmulti-family lot (4.23 acre). Since the proposed project differs
from the previous approvals, the recorded development agreement (DA) must be amended to
incorporate new provisions relevant to the proposed subdivision. Staff has identified the
appropriate DA sections that need to be modified:
• Section 4.1: Construction and development of up to 54 single family lots, " -~~~'~~ ~ w.:',.
~t~-leEs, 14 common lots and up to 7 commercial/office lots (to include up to 65,000
square feet of retaiUrestaurant and office uses in the proposed C-G zone) pertinent to AZ-OS-
057, PP-OS-019, PS-OS-002 and CUP-OS-052 applications.
Add new language to Section 4:
• The second phase includes the development of up to 28 single family lots, lmulti-family lot
and 5 common/other lots pertinent to PP-12-013 application.
Add new language to Section 5:
• All future homes constructed with the Bienville Sauare East Subdivision shall substantially
comply with the elevations shown in Exhibit A.
Bienville Square East PP-12-013; MDA-12-008 - 5 -
EXHIBIT A
• The applicant shall construct all remaining street segments of W. Bourbon Lane and N. Cajun
Court with the first phase of development.
• The proposed common lots on Lot 1, Block 1 shall be installed with the first phase of
development. Said lots must remain and be maintained by the homeowners association until
development is proposed for Lot 1, Block 1. With the development of Lot 1, Block 1 an equal
amount of open space must be provided for the benefit of the entire subdivision.
Preliminary Plat (PP): The applicant is requesting preliminary plat approval of 29 residential
lots (28 single family lots and lmulti-family lot), and Scommon lots on 7.89 acres of land. The
proposed single family lots range in size from 3,240 square feet up to 3,630 square feet and the
multi-family lot is 4.23 acres. The gross density for the proposed plat is 3.67 dwelling units to the
acre; excluding the multi-family lot, the gross density is 12.67 dwelling units to the acre.
The property is zoned R-15 and all of the proposed lots must comply with the dimensional
standards established in the UDC. The R-15 zoning district does not have a minimum frontage
requirement and the minimum lot size per dwelling unit is 2,400 square feet. After reviewing the
plat all of the proposed lots comply with the R-15 dimensional standards.
However, the applicant is proposing a mix of single family homes (single family detached
and single family attached) for the proposed subdivision. Because the single family lots have
only 27 feet of frontage and the R-15 zone requires a 5-foot side yard setback, the maximum
width of a single family detached home would be 17 feet. If all of the lots develop with single
family attached homes every other property boundary would have a zero setback which
would allow a 22 foot wide unit to be constructed.
Based on the proposed lot configuration staff is concerned about the appearance and the
feasibility to build single detached family homes on such narrow lots. Staff recommends the
applicant reconsider the proposed single family detached homes or develop the lots with the
single family attached homes which would allow flexibility regarding the side yard setback.
Due to staff s concerns regarding the ability to construct a single family detached home on
the narrow lots, staff is recommending the single family detached homes be subject to
administrative design review (see DA provision in Exhibit B).
Phasing Plan: The applicant is proposing to develop the plat in two (2) phases. The first phase
consists of the single family lots. The proposed plat indicates only a portion of E. Bourbon Lane
is to be constructed. This area is rapidly transitioning into to developed mixed use area and street
connectivity is important. Since this the last street segment to be completed within the
development, staff recommends the applicant complete the street section with the first
development phase.
The second phase would be the development of the multi-family lot. Development review for Lot
1, Block 1 will be done through the conditional use permit process.
Block Length: The proposed subdivision does not comply with the UDC's 750-foot block length
requirement along N. Leblanc Way. The applicant wishes to provide a streetscape consistent with
the ally-loaded homes on the south side of N. Leblanc Street. Further, the existing street network
was approved with the subdivision in 2005. In lieu of a public street connection, the applicant is
proposing a pedestrian connection as allowed by the UDC. Because the block length exists and a
public street connection is not needed to improve internal circulation, staff is of the opinion that
pedestrian connection is an appropriate alternative and should be granted in lieu of a public street
connection.
Street Network: The Bienville Square Subdivision was approved with both public and private
streets. The current configuration was approved with the Bienville Square Subdivision in 2005.
Bienville Square East PP-12-013; MDA-12-008 - 6 -
EXHIBIT A
The single family homes will front on N. Leblanc Street (public street) and access will be
provided from a private alley that connects to private streets. Because the internal street
connections have already been approved, staff supports the connectivity as proposed.
Building Elevations: Elevations have been submitted with the subject applications (see Exhibit
A.5). Since a development agreement modification is accompanying the preliminary plat, staff
believes the proposed elevations should be included in the amended development agreement.
Staff supports the mix of materials (stucco, wood siding, stone accents, exposed timbers,
decorative corbels and a mix of metal and composite roofing and the contemporary design of the
homes. The design features include the variation in roof planes, balconies, covered entries, and
balanced fenestration along the street. Staff is of the opinion the future homes will complement
the existing homes in the area and demonstrates high quality materials. Although the
contemporary design is not new to the valley, it is something new and different for the City of
Meridian.
The future single family attached homes will require certificate of zoning compliance and
administrative design review approval. Any future multi-family structures proposed for Lot 1,
Block 1 will be reviewed with the submittal of a conditional use permit application.
Open Space/Amenities: The proposed subdivision does not comply with the open space
requirements of the UDC. UDC 11-3G-2 requires a minimum of ten percent open space for all
residential developments exceeding five acres. The UDC also requires one additional site amenity
for each additiona120 acres of development area. Using this standard, the applicant is required to
provide one (1) amenity for a development of this size.
The submitted plat indicates 6.5 percent open space (0.52 acres) will be provided with the
proposed plat. However, the qualifying open space consists of two passive common open space
lots that total approximately 17,525 square feet (0.40 acres). Based on staff's calculations
(0.40/7.98), the applicant is providing five percent open space. Per the UDC, a total of 0.79 acres
of open space must be provided in accord with UDC 11-3G-3C.
The qualifying amenity is a dog park. The dog park area must comply with the requirements
outlined in UDC 11-3G-3C.h.
The submitted landscape plan indicates that the proposed common lots are to be relocated when
Lot 1, Block 1 develops. Staff is supportive of the relocation of the common open space provided
the same amount of open space is provided with the development of the future multi-family
development. Further, said open space must be for the benefit of the entire subdivision.
Landscaping Requirements:
• The micropath lots (Lot 14, Block 1) must be installed in accord with UDC 11-3A-8 and
UDC 11-3B-12.
• All proposed fencing must installed in accord with UDC 11-3A-7.
Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan
and the requirements of the UDC through the conditions and recommends approval of the
proposed plat.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Concept Plan
3. Proposed Preliminary Plat (REVISED)
Bienville Square East PP-12-013; MDA-12-008 - 7 -
EXHIBIT A
4. Proposed Landscape Plan (REVISED
5. Proposed Building Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Idaho Transportation Department
C. Required Findings from Unified Development Code
Bienville Square East PP-12-013; MDA-12-008 - 8 -
EXHIBIT A
A. Drawings
1. Vicinity Map
1'.xhibit A _~ _
EXHIBIT A
2. Proposed Concept Plan
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5. Proposed Elevations
Exhibit A - 5 -
EXHIBIT A
B. Conditions of Approval
1. Planning Department
1.1 DEVELOPMENT AGREEMENT MODIFICATION
1.1.1 The DA shall be signed by the property owner and returned to the city within two years of the
City Council granting the approval. The amended DA shall include the following modifications:
• Section 4.1: Construction and development of up to 54 single family lots,'2m--'*~ ~ ~~'-~'~*~
~ingl~a===i~~~~l-;~;, 14 common lots and up to 7 commercial/office lots (to include
up to 65,000 square feet of retail, restaurant and office uses in the proposed C-G zone)
pertinent to AZ-OS-057, PP-OS-019, PS-OS-002 and CUP-OS-052 applications.
Add new language to Section 4:
• The second phase includes the development of up to 28 single family lots, lmulti-family lot
and 5 common other lots pertinent to PP-12-013 application.
Add new language to Section 5:
• All future homes constructed with the second phase of development shall substantially
comply with the elevations shown in Exhibit A. The applicant shall obtain design review
approval for the single family detached homes as set forth in UDC 11-SB-8B.2.
• The applicant shall construct all remaining street segments (W. Bourbon Lane and N. Cajun
Court) with the first phase of development.
• The proposed common lots on Lot 1, Block 1 shall be installed with the first phase of
development. Said lots must remain and be maintained by the homeowners association until
development is proposed for Lot 1, Block 1. With the development of Lot 1, Block 1 an equal
amount of open space must be provided for the benefit of the entire subdivision.
1.2 SITE SPECIFIC REQUIREMENTS -PRELIMINARY PLAT
1.2.1 The project is subject to all current City of Meridian ordinances and any applicable conditions of
approval associated with this site (AZ-OS-057, PP-OS-059, RZ-OS-019, PS-OS-002, CUP-OS-052
and Development Agreement Instrument No. 107044347).
1.2.2 The preliminary plat labeled Sheet 1, prepared by ULC Management, LLC, dated 10/09/12, shall
be revised as follows:
• Comply with all bulk, use, and development standards of the R-15 zoning district listed in
Chapter District Regulations.
1.2.3 Provide the internal street network as approved with PP-OS-059 and FP-07-012. The applicant
shall construct all remaining street segments (W. Bourbon Lane and N. Cajun Court) with the
first phase of development.
1.2.4 Provide a minimum of 0.79 acres of common open space and include the following amenity: a
dog park designed in accord with UDC 11-3G-3C.h.
1.2.5 The landscape plan shall comply with the following standards:
• The micropath lot (Lot 14, Block 1) must be installed in accord with UDC 11-3A-8 and
UDC 11-3B-12.
• All fencing shall be designed according to UDC 11-3A-7.
Exhibit B _ 1 _
EXHIBIT A
A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan. All standards of installation should
apply as listed in UDC 11-3B-14.
1.2.6 Prior to the issuance of a building permit, the applicant must obtain approval of a certificate of
zoning compliance and administrative design review applications for the single family attached
homes.
GENERAL REQUIREMENTS -PRELIMINARY PLAT
1.3.1 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(s).
1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.3.3 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28
1.3.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years, or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.3.6 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing
is not provided before issuance of a building permit, temporary construction fencing to contain
debris must be installed around the perimeter.
1.3.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. 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, asingle-point connection to the
culinary water system shall be required. An underground, pressurized irrigation system should be
installed to all landscape areas per the approved specifications and in accordance with UDC 11-
3A-15 and MCC 9-1-28.
1.3.8 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C.2.
1.3.9 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.10 The applicant shall coordinate all subdivision improvements with the Nampa Meridian Irrigation
District.
1.3.11 Comply with all ACHD conditions of approval.
1.3.12 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.3.13 Comply with all subdivision standards as set forth in UDC 11-6C-3.
2. Public Works Department
2.1 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
Exhibit B _ 2
EXHIBIT A
2.2 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.3 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.
2.4 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.5 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.6 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.7 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.8 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. Fire Department
3.1 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.3 ALLEY - In all cases, right of ways shall be a minimum of 20' in width. The entrance to the alley
from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot
(48') outside turning radius. No parking shall be allowed on either side of the street. The minimum
distance for alley accessed properties shall be 20' from the face of a garage to the property line.
(International Fire Code Section 503.4)
3.4 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4. Parks Department
4.1 The Parks Department has no concerns related to the submitted application.
5. Police Department
5.1 The Police Department has no concerns related to the site design submitted with the application.
6. Republic Services
Exhibit B - 3 -
EXHIBIT A
6.1 Cart service shall be provided from the alley.
7. Ada County Highway District
7.1.1 Comply with all the site specific conditions and standard conditions of approvals approved with
MPP-OS-059 application.
Exhibit B - 4 -
EXHIBIT A
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the Council shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with this
unified development code;
The Council finds that the proposed plat generally complies with the comprehensive plan
and is consistent with the UDC. The Council finds the proposed plat comports to the
dimensional standards of the R-15 zoning district and the subdivision regulations set forth
in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis
that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that services are readily available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Council finds that the subdivisions will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
The Commission recommends the Council rely upon comments from the public service
providers (i.e., police, fire, ACRD, etc.) to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Commission is not aware of any health, safety or environmental problems associated
with the development of the subdivision that should be brought to the Council's attention.
ACRD considers road safety issues in their analysis. The Commission recommends that
the Council reference any public testimony that may be presented to determine whether
or not the proposed subdivision may cause health, safety or environmental problems of
which Commission and staff are unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
should reference any public testimony that may be presented to determine whether or not
the proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which Commission and staff are unaware.
Exhibit C - 1 -