Bellabrook Subdivision MDA-13-001 PP-13-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIAN_--
In the Matter of the Request for a Modification to the Development Agreement to Allow for the
Development of Single-Family Residential Dwellings on the Site; and Preliminary Plat Consisting of
26 Single-Family Residential Building Lots and 4 Common/Other Lots on 4.38 Acres of Land in an
R-15 Zoning District for Bellabrook Villas Subdivision, Located at 300 S. Locust Grove Road, by
ZWJ Properties, LLC.
Case No(s). MDA-13-001; PP-13-002
For the Cih~ Council Hearing Date of: May 7, 2013 (Findings on May 22, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 7, 2013, 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 (1.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 C ity of
Meridian, which was adopted April 19, 2011, Resolution No. 1 1-784 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.
CI"I~Y OF MF,RIDIAN FINDINGS OF FACT'. CONCLUSIONS OF LAW AND DF,CISION & ORDFR
CASE; NO(S). MllA-13-001: YP-13-002
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.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 7, 2013, 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 § 1 1-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 a modification to the Development Agreement is hereby approved
per the provisions in the attached Staff Report for the hearing date of May 7, 2013, attached as
Exhibit A.
2. The applicant's request for a preliminary plat is hereby approved per the conditions in the
attached Staff Report for the hearing date of May 7, 2013, 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 tnal plat or short plat (UDC 1 1-6B-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 1 1-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 1 1-6B-7.A, the Director may authorise a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (Z) 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 1 1-
6B-7C).
Notice of Two (2) Year Development Agreement Duration
The modified development agreement shall be signed by the property owner(s) and returned to
the City within two (2) years ofthe City Council granting the modification. (UDC 11-SB-3F).
A modification to the development agreement may be initiated prior to signature of the
CI"I~Y OF MF,RIDIAN FINDINGS OF FACT'. CONCt,USIONS OF LAW AND DF,CISION & ORDFR
CASE NO(S). MllA-13-001: YP-13-002
2-
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).
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 ~2, Title 67, Idaho Code.
Attached: Staff Report for the hearing date of May 7, 2013
CI"I~Y OF MF,RIDIAN FINDINGS OF FACT'. CONCt,USIONS OF LAW AND DF,CISION & ORDFR
CASE; NO(S). MllA-13-001: YP-13-002
3-
By action of the City Council at its regular meeting held on the ?iZ`"~ day of ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) ~ ~ ~~ J
r Tai ~ e Weerd
44°~~Tyoao~~srr
Attest: _~° ~o
n ncryo~
~owHo
Clerk ~F SEAL „~
Y
HTFR e~~Ae TnE P'A~0. ,~
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: dL/'~L/N.lh- Dated: 5 ~ ~-3~ ~.3
Clerl s Office
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-001; PP-13-002
4-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
May 7, 2013
Mayor & City Council
Sonya Wafters, Associate City Planner
208-884-5533
~~Vl E IDR IAN, ,
~J
Bellabrook Villas-MDA-13-001; PP-13-002; PS-13-002
~. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, ZWJ Properties, LLC, has applied for: a modification to the existing development
agreement (MDA) to allow for the development ofsingle-family residential dwellings on the site
rather than amulti-family development as previously proposed; a preliminary plat (PP) for
Bellabrook Subdivision consisting of 26 single-family residential building lots and 4 common/other
lots on 4.38 acres of land in an R-15 zoning district; and a private street (PS) application for the
internal loop road off of the public street which provides access to the development via S. Locust
Grove Road. See Section VIII, Analysis, for• more irlfori~natiorl.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP, MDA, and PS applications based on the Findings of
Fact and Conclusions of Law in Exhibit B of the Staff Report. NOTE: The private sheet application
is acted upon by the Director.
The Meridian Planning & ZOning Commission heard these items on March 7, and Anri14,
2013. At the public hearing, the Commission moved to recommend approval of the subiect PP
request.
a. Summary of Commission Public Hearing:
i. In favor: Matt Howard; Orson Woodhouse
ii. In opposition: None
iii. Commenting: None
iv.Written testimony: Matt Howard
v. Staff presenting annlication: Sonya Waters
vi.Other staff commenting on annlication: Bruce Chatterton
b. Kev Issue(s) of Discussion by Commission:
i. Conversion of the existing private street (Kalispell) to a public street;
ii. Financial burden on the residents for the maintenance of arivate streets:
iii. The requirement for gated entries to the private streets.
c. Kev Commission Change(s) to Staff Recommendation:
i. At the request of the Applicant and at Staff's recommendation, strike condition #1.1.2
requiring the pathway to be extended to the north & south nronerri~ boundaries on the
east side of the Five Mile Creek;
ii. At the request of the Applicant and at Staff's recommendation, modify condition #1.1.7
to allow the existing fencing adiacent to the common area that is owned by adiacent
nronerri~ owners to remain; the rest of the fencing around the common area would be
constructed to UDC standards.
d. Outstanding Issue(s) for City Council:
i. The UDC (I1-3F-SD) requires a gate to be installed at the entrance to the private
streets; the applicant requests this condition be stricken (see condition #1.1.5)
Bellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
PAGH 1
EXHIBIT A
The Meridian Citv Council heard these items on Mav 7. 2013. At the public hearing, the
Council aparoved the subject MDA and PP reauest.
~_ ummarv of Ciri• Council Public Hearing:
i In favor: Matt Howard
iy', In ouuosition: None
iii. Commenting: None
iv. Written testimony: None
y,, taff presenting anulication: Sonya Watters
vi. Other staff commenting on auulication: Caleb Hoocl
~ Kev Issues of Discussion by Council:
i The requirement for gated entries to private streets.
~, Kev Council Changes to Commission Recommendation
i. Modifi• DA urovision # 1.1.5 to require surety to be submitted for the gates to the
urivate streets urior to signature on the final plat by the Ciri• Engineer. The surety rrrav
he role«sed /nr not re«uirerl) if «n»rnval of arr «Iterrz«live cmm~li«uce annlie«tion is
g_r_cc_r_tler! hr t/re Director.
ili. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, i move to approve File Number PP-13-002
as presented in the staff report for the hearing date of May 7, 2013, with the following modifications:
(Add any proposed moditications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-13-002, as
presented during the hearing on May 7, 2013, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number PP-13-002 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
iV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 300 S. Locust Grove Road, in the northwest'/4 of Section 17,
Township 3 North, Range 1 East.
B. Owner:
ZWJ Properties, LLC
1854 E. Lanark Street
Meridian, Idaho 83642
13ellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
PAGh; 2
EXHIBIT A
C. Applicant:
Same as owner
D. Representative:
Matt Howard, RSCI Group
1854 E. Lanark Street
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this infor-nation.
V. PROCESS FACTS
A. The subject applications are for a preliminary plat and development agreement modification
request. Except for the MDA request, which only requires Council review, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 1 1, Chapter 5.
B. Newspaper notifications published on: February 18, and March 4, 2013 (Commission); Anril 15,
and 29, 2013 (Gifu Council)
C. Radius notices mailed to properties within 300 feet on: February 14, 2013 (Commission); A ril
11, 2013 (City Council)
D. Applicant posted notice on site by: February 20, 2013 (Conunission); April 26, 2013 (City
Council
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant but has been partially improved with streets,
curb, gutter and sidewalks; a pathway to the Five Mile Creek and street buffer landscaping along
Locust Grove Road.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Church, zoned C-N
South: Residential properties zoned RUT in Ada County and R-4 in the city (Woodbridge Sub.)
East: Rural residential property, zoned Rl in Ada County; and commercial property, zoned C-G
West: Locust Grove Road; rural residential property, zoned Rl in Ada County; and a daycare
center, zoned L-O
C. History of Previous Actions:
• In 2006, this property was annexed and zoned (AZ-06-040) with an R-8 zoning district.
Concurrently, a preliminary plat (PP-06-038) was approved for 20 single-family residential
building lots and 4 common area lots on 4.38 acres of land.
• In 2007, a rezone (RZ-07-006) of the property was approved to the R-15 zoning district. A
development agreement (DA) was required as a provision of the rezone, recorded as
Instrument No. 1080008769. Concurrently, a conditional use permit (CUP-07-038) was
approved for amulti-family development in an R-15 zoning district. A private street (PS-07-
002) application was tentatively approved with the CUP for private streets within the
proposed multi-family development. This approval was contingent upon the applicant
completing several tasks within a one year time period. These items were not completed
within the required time period and the PS application has since expired.
13ellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
PAGH 3
EXHIBIT A
• An } g-lllonth time extension (TEC-09-002) on the CUP was approved by the Director on
January 21, 2009 and expired on August 14, 2010.
D. Utilities:
a) Location of sewer: Sanitary sewer to serve the subject site was previously constructed as part
of the original multi-family development.
b) Location of water: Domestic water to serve the subject site was previously constructed as
part ofthe original multi-family development.
c) issues or concerns: Sanitary sewer and water services were installed as part of the original
multi-family development, and their locations may not comply with Public Works Standards.
E. Physical Features:
l . Canals/Ditches Irrigation: The Five Mile Creek runs across the eastern boundary of this site.
2. Hazards: Other than the Five Mile Creek which may present a hazard to young children, staff
is unaware of any hazards that exist on this site.
3. Flood Plain: The eastern portion of this site lies within flood zones "AE"' and "X" and is
within the floodway.
VIi. COMPREHENSIVE PLAN ANALYSIS
The Comprehensive Plan Future Land Use Map (FLUM) designates the subject property Mixed Use
Community (MU-C). The purpose of the MU-C designation is to allocate areas where community-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a
variety of uses, including residential, and to avoid mainly single-use and strip commercial type
buildings. All developments should have a mix of at least three land use types. Residential uses
should comprise a minimum of 20% of the development area at densities ranging from 6 to 15
units/acre.
The applicant is not proposing a mix of uses on the site; however, this parcel, consisting of 4.38 acres,
is part of larger area consisting of approximately 40 acres designated for MU-C uses. There are
currently a mix of uses in this area as follows: a daycare center to the west across Locust Grove; an
existing church to the north of this site; and property at the soLrthwest corner of Franklin & Locust
Grove Roads that is zoned R-40 which will most likely redevelop with multi-family residential uses.
There are also several rural residential parcels within this area that when redeveloped, may contribute
to the mix of uses in this area.
The applicant proposes to develop this site with 26 single-family detached homes resulting in a gross
density of 5.94 dwelling units per acre, slightly below the density range (6 - 15 d.uJacre) desired in
MU-C areas. The property is currently zoned R-15, which is listed as an appropriate zoning district in
MU-C areas; however, the Comprehensive Plan does not list single-family residential developments
as an appropriate use in MU-C areas. Single family detached homes are however allotived as a
principal pernritted use in the R-IS zoning district. Becaarse the densit}~ of the project is generally
consistent with the range called for ire the Comp Plan. staff believes the development meets the intent
of the Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-
family arrangements) and choices between ownership and rental dwelling units for all income
groups in a variety of locations suitable for residential development." {3.07.03B, pg. 56)
13ellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
PACiF; 4
EXHIBIT A
The future developrnerrt of single fcnnily detached homes orr this site should provide ownership
and rental options for irrdivadzrals with varying income levels irr this crr-ea of the City.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc. (3.05.0X)
The subject development is required to meet all standards in r•egcn•d to landscaping, sagrnrge,
fences, etc.
• "Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger, more
comparable lot sines to buffer the interface between urban level densities and rural residential
densities.'" (3.05.02F)
The szrbject property is act acent to lower density residential uses in Woodbridge Szrbdavision to
the south and rrrr•al residential property to the east. The proposed density will provide a
t•ansitiorr to thc~ higher intense uses desired in MU-C areas to the north.
• "Require new residential development to provide permanent perimeter fencing, and fencing to
contain construction debris on site and prevent windblown debris from entering adjacent
agricultural and other properties." (3.05.02G)
Six foot tall vinyl fencing exists around this site.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01 F)
The proposed single family residential developrrrerrt should be compatible with existing acz'jacent
residential acrd chan•ch uses.
• ``Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.'" (3.03.03B)
There is an existing pathtivay on the site that will provide pedestrian access through the proposed
common area to a future multi-use pathwcry along the Five Mile Creek for intercormectivity.
• "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of
concern." (5.01.01 D)
As a natural waterwcr},~, the Five Mile Creek which rains along the eastern boundary of the site is
proposed to r•errrairr open as cr natarr•al amenity in accord with UDC' 11-3A-6A.1.
• ``Improve and protect creeks (Five Mile, etc.) throughout commercial, industrial, and residential
areas.'" (5.01.01 E)
The Five Male creek is required to be improved and protected with development of this site.
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA): The applicant proposes to amend the existing
development agreement (DA) to accommodate development ofthe proposed preliminary plat.
The existing development agreement requires the development of34multi-family condominium
units on the site. The proposed amendment allows for the development of 26 single-family
residential building lots on the site as proposed with the preliminary plat. See pr°oposed changes
in E~:hibttA.2).
13ellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
PAGH 5
EXHIBIT A
Preliminary Plat (PP): The proposed preliminary plat consists of 26 single-family
residential building lots and 4 common/other lots on 4.38 acres of land in the R-15
zoning district.
Dimensional Standards: The proposed plat and future development is required to comply with
the dimensional standards of the R-15 zoning district listed in UDC Table 1 1-2A-7. Staff has
reviewed the proposed plat and found it complies with the aforementioned dimensional standards.
Access: One access is depicted on the plat via S. Locust Grove Road, an arterial street. A stub
street is depicted at the east boundary of the site for future extension to the parcels on the west
side of the Five Mile Creek. NOTE: Staff does not envision a public street extension across the
Five Mile Creek in this area.
Streets: The applicant proposes public and private streets for access within the development. A
public street (E. Kalispell St.) is proposed for access into the subdivision via Locust Grove.
Private streets (S. Truss Ln., S. Torino Ln. E. Bellalucca Ln.) are proposed internally for the
``loop" connecting to Kallispell Street and are depicted on the preliminary plat as a common lot.
All of the streets within the proposed subdivision have already been constructed as private streets
based on the previous plan for amulti-family development. Because the use is now proposed to
be single-family and the UDC prohibits private streets from connecting to an arterial street
(Locust Grove), the applicant proposes to convert the existing private street (E. Kalispell St.) to a
public street while keeping the loop roads private. A draft report is not yet c~~ailable fi•orn ACHD
or7 this request but ACHD has stated that a public hecu•ing and Commission uctiorr is required to
accept the private street as cr parblic street. Arty approval by City Coarrrcil will be contingent upon
ACHD approving the existing private street (Kalispell) as a public str°eet.
The purpose statement in UDC 11-3F-1 states that it is not the intent to approve private streets for
single-family developments other than those that create a common mew through the site design or
that propose a limited gated residential development; neither is proposed in this case.
Additionally, one of the required findings listed in UDC 1 1-3F-5 requires that the proposed
residential development is a mew or gated development. In order to approve the private street
application, the Director must be able to make all of the findings listed. Because the R-15 zoning
does not require public street frontage and because the streets and city services already exist on
this site, staff does not object to the proposed streets. However, because wre of the findings
requires that the private streets be gated, staff recommends a condition of approval be for gates
on the private sheets (see Exhibit C).
Pathway: A 7-foot wide pathway has been constructed on the eastern portion of this site through
the common area on Lot 9, Block 1 to the Five Mile Creek and continues on the other side of the
Five Mile Creek as shown on the landscape plan. The portion on the east side of the creek that
runs north/south is 10 feet wide and will be part of the City's multi-use pathway system. As such,
it will eventually connect to the north and south and run along the Five Mile Creek. It appears
that the pathway was not constructed all the way to the north and south property boundaries; staff
recommends the pathway be extended as a condition of approval.
Although the Park's Department isn't requiring a bridge to be constructed across the creek,
Planning staff believes it makes sense for the bridge to be constructed with development of this
site so that when adjacent properties develop and the multi-use pathway is extended, residents of
this development can gain access to the pathway.
The developer is required to submit a public use easement for the section of the multi-use
pathway along the Five Mile Creek to the Planning Division of the Community Development
Department for approval by City Council prior to signature on the final plat by the City Engineer.
13ellabrook Subdivision MDA-13-001: PP-13-002: NS-13-002
PAGH 6
EXHIBIT A
Landscaping: A 25-foot wide landscape street buffer has already been installed along S. Locust
Grove Road, an arterial street, as required by UDC Table 1 1-2A-7. It appears the existing
landscaping meets the UDC requirements for landscaping along an arterial. Landscaping is
required to be maintained in accord with the standards listed in UDC 1 1-3B-13C.
Common Open Space & Site Amenities: All single-family developments over 5 acres in size
are required to provide open space & site amenities in accord with the standards listed in UDC 1 1-
3G-3. Because this site is below 5 acres in size, no open space or site amenities are required.
Although none is required, the plat depicts l .l 5 acres of common area and an internal pathway
leading to a segment of the City's multi-use pathway system along the Five Mile Creek as
amenities.
Sidewalk: Afive-foot wide attached sidewalk exists along S. Locust Grove Road. An attached 5-
footwide sidewalk has been constructed internally along the outer edge of the private streets and
along the north side of Kalispell Lane; a new sidewalk will also be required along the south side
of the proposed public street (Kalispell), as shown on the plat.
Fencing: Six foot tall closed vision vinyl fencing exists around the perimeter of the development
as depicted on the landscape plan, including adjacent to the open space area on the northeast
portion of the site. The UDC (1 1-3A-7A.7) requires closed vision fencing to be limited to 4 feet
in height if adjacent to pathways and common open space. The existing fencing does not comply
with this standard. The applicant should remove the existing 6-foot tall fence adjacent to Lot 9,
Block 1, and replace it with either a 4-foot tall solid fence, or 6-foot tall open-vision fencing.
If fencing is constructed along the Five Mile Creek, it shall not prevent access to the waterway in
accord with UDC 1 1-3A-6B.1.
Waterways: The Five Mile Creek is a natural waterway and runs across the eastern boundary of
this site and shall remain open as a natural amenity in accord with UDC 1 1-3A-6A.1.
Building Elevations: Conceptual building elevations for the single-family structures are included
in Exhibit A.S. All ofthe structures have a mix of materials, including stone or brick accents on
the facades.
Private Street (PS): The applicant has submitted an application for private streets within the
development. When this site was previously planned to develop with amulti-family development,
a private street application was tentatively approved for internal access and addressing purposes
but never received final approval within the time period allowed. Please see the analysis above in
this section under ``streets'" for more information.
Staff is supportive of the proposed development agrreernerrt rnodificatiorz acrd prelirrrirrary plat
tia~ith the conrnrerrts noted above card the corrditiorrs listed in Exhibit B. Staff has tentatively
approved the private street crpplicatiorr corrtirrgerrt zrporr the appliccrt conrpletirrg the tasks listed
irr UDC" I1-3F-3B within orre year of the approval date.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Applicant's Proposed Changes to Development Agreement
3. Proposed Preliminary Plat -Revised (stamped & signed by Benjamin Thomas 3/19/13)
4. Proposed Landscape Plan
5. Conceptual Building Elevations
13ellabrook Subdivision MDA-l i-001; PP-13-002; PS-13-002
PAGH 7
EXHIBIT A
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
13ellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
NAGF; &
EXHIBIT A
Exhibit A.1: Vicinity Map
13ellabrook Subdivision MDA-13-001: NN-13-002: NS-13-002
NACiH 9
EXHIBIT A
Exhibit A.2: Applicant's Proposed Changes to Development Agreement (changes sho~~n belo~i~ ifi sh•ike-
oi+tltrnderline forn7at)
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 as Meridian Unified Development Code 11-2A-2 which are herein specified as
follows:
X26 t~siir~le fcrrnily c-f~r~~t~t detached units o~7 -x.38 acres, af~d the~c~rtinei~~t~rovisions of
the City of Meridian Con7prehensive Plan are applicable to this ~~ ~LfDA-13-001 and PP-13-
002 application.
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:
The development of this site shall substantially comply with the ate landscape plan and conceptual
elevations submitted with the application (shown in Exhibit~A) and presented at the public hearing.
13ellabrook Subdivision MDA-li-001; PP-13-002; NS-13-002
PAGI-: 10
EXHIBIT A
Exhibit A.3: Proposed Preliminary Plat -Revised (stamped & signed by Benjamin Thomas 3/19/13)
M
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13ellabrook Subdivision MDA-li-001; PP-13-002; NS-13-002
PAGE; 1 I
EXHIBIT A
Exhibit A.4: Proposed Landscape Plan
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13ellabrook Subdivision MDA-li-001; PP-13-002; PS-13-002
PAGE; 12
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13ellabrook Subdivision MDA-li-001; PP-13-002; NS-13-002
PAGF-: 13
EXHIBIT A
Exhibit A.S: Conceptual Building Elevations
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13ellabrook Subdivision MDA-li-001; PP-13-002; NS-13-002
PAGI-: 14
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EXHIBIT A
B. Agency 8~ Department Comments/Conditions
1. Planning Department
1.1 Site Specific Conditions of Approval
l .l .l Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval
of a public pedestrian easement for the segment of the 10-foot wide multi-use pathway along the
east side of the Five Mile Creek shown on the plat.
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l .l .3 The applicant or owner shall provide documentation of a binding contract that establishes the
party or parties responsible for the repair and maintenance of the private street, including
regulations for the funding thereof in accord with UDC 1 1-3F-3B.
l .l .4 Approval of the subject preliminary plat is contingent upon the developer obtaining ACHD's
approval for the conversion of the existing private street (E. Kalispell Street) to a public street;
and for the private street connection to a local public street.
l .l .5 The developer shall install a gate near the ends of the private streets (S. Truss Ln. and S. Torino
Ln.) where the private streets connect to the public street (Kalispell) in accord with the standards
listed in UDC 1 1-3F-4A4 as required by UDC 1 1-3F-SD. The developer shall submit «suret~~
inr the construction of the ~«tes irr «ccord with the provisions in UDC 11-SC-3 prior to
~' ~ are on the final plat by the City En~nteer. S«id suret-h may be released (nr riot be
r ~ 'r 1 anon annrovnl of an alternative conwliance anvlication by the Director.
l .l .6 Upon tentative approval of the private street application by the Director, the applicant shall have
one year to complete the tasks listed in UDC 11-3F-3B and gain final approval of the application.
l .l .7 The existing 6-foot tall closed vision vinyl fence around abortion of the perimeter of the common
area on Lot 9, Block 1 that is owned by adjacent property owners is allowed to remain ~
~~i• the new fencinU installed around the remainder of the common area shall be either
a 4-foot tall closed vision fence or 6-toot tall open vision fence in accord with UDC 1 1-3A-7A.7.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
Table 11-2A-7.
1.2.2 Comply with all provisions of 1 1-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1 1-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17 and 1 1-3F-4B.2c.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
13ellabrook Subdivision MDA-l i-001; NP-13-002; NS-13-002
PAGE 15
EXHIBIT A
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
1 1 C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.12 Comply with all provisions ofUDC 1 1-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 1 1-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 1 1-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 1 1-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 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 1 1-6B-7.
1.4.5 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 1 1-3B-14A.
13ellabrook Subdivision MDA-li-001; PP-13-002; NS-13-002
PAGF-: 16
EXHIBIT A
1.4.6 At such time that the multi-use pathway connects from one major street to another and is greater
than one-half mile long, the applicant may petition the City to assume maintenance
responsibilities.
2. Public Works Department
2.1 Site Specific Conditions of Approval
2.1.1 Sanitary sewer and water services were originally installed as part ofthemulti-family
development, and their locations may not comply with Public Works Standards forthis proposed
development. Applicant shall be required to relocate, and or abandon existing services that are
not needed for service to the lots.
2.2 General Conditions of Approval
2.2.1 Sanitary sewer service to this development is available via existing mains within the
development.
2.2.2 Water service to this site is available via existing mains within the development.
2.2.3 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 use 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. Ifa single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.2.4 Any existing 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 UDC 1 1-
3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, alternate plans shall be
reviewed and approved by tl~e Meridian City Engineer prior to final plat signature.
2.2.5 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 of 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.
2.2.6 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.7 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
pe nn i ts.
2.2.8 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.
2.2.9 All development improvements, including but not limited to fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
13ellabrook Subdivision MDA-li-001; PP-13-002; PS-13-002
PAGE 17
EXHIBIT A
2.2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to tl~e issuance of a plan
approval letter.
2.2.11 It shall be the responsibility ofthe applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.15 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.
2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.18 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.
2.2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cul-de-
sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work
and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications
to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500
for information on the locations of existing street lighting..
2.2.20 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the C ity. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-221 1.
2.2.21 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-221 1.
3. Police Department
3.1 The Police Department has concerns in regard to enforcement of no parking along the private
streets.
13ellabrook Subdivision MDA-li-001; PP-13-002; PS-13-002
PAGE 18
EXHIBIT A
4. Fire Department
4.1 No parking is allowed along the private streets. All drive aisles shall be posted as fire lanes
with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be
painted red (UDC ll-3F-4BZ).
5. Republic Services
5.1 Republic Services has no comments related to this application.
6. Parks Department
6.1 The applicant shall have an ongoing obligation to maintain all pathways.
6.2 The applicant shall design and construct the multi-use pathways consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved
by the Parks and Recreation Director.
6.3 At such time that the multi-use pathway along the east side of the Five Mile Creek connects from one
major street to another and is greater than one-half mile long, the applicant may petition the City to
assume maintenance responsibilities.
6.4 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11-3A-7A7 and 11-3B-12C respectively.
7. Ada County Highway District
Tlzis application requires cr public hearing crud Cornnrission action at ACRD to
accept the existing private street (Kalispell) as cr pzrblic sir•eet. Staff hers stated they
cn•e in support of the request,- hotivever, f the developer cannot bring the existing
road trp to current public street stcrrrdar~ds or if the C'ornmissiorr does not agree with
the staff reconrrrrendation, it could affect this plat going forward.
13ellabrook Subdivision MDA-li-001; PP-13-002; NS-13-002
PAGH; 19
EXHIBIT A
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
1<n consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted and proposed Comprehensive Plan in regard to land use, transportation, and
circulation. Please see Con~pr•e{2ensive Plan Policies and Goals, Section VII, of the Staff
Report for more inf~rmcrtion.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services already exist on this site; however they have
not been accepted for ownership and maintenance by the City of Meridian (See Exhibit B
of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on comments from public service providers (i.e. Police, Fire, ACRD, etc.) the City
Council finds there is public financial capability of supporting services for the proposed
development.
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds the proposed development will not be detrimental to the public
health, safety or general welfare.
2. Private Street Findings:
a. The design of the private street meets the requirements of this article;
Staff finds the private streets are depicted on the preliminary plat as a common lot within
the subdivision and connect to a local public street, E. Kalispell Street, which provides
access to the subdivision via S. Locust Grove Road. The Fire Department approves of the
private streets but has included a condition of approval that on-street parking not be
allowed. In summary, Staff finds the design of the private streets meet the requirements
listed in UDC 11-3F-4.
b. Granting approval of the private street would not cause damage hazard, or
nuisance, or other detriment to persons property, or uses in the vicinity;
Staff does not anticipate any hazard, nuisance or other detriment from the private streets
ifthey were constructed and are maintained in accord with the standards listed in UDC
11-3 F-4.
13ellabrook Subdivision MDA-l i-001; PP-13-002; PS-13-002
PAGE; 20
EXHIBIT A
c. The use and location of the private street shall not conflict with the comprehensive
plan and/or the regional transportation plan and;
The location of the private streets does not conflict with the Comprehensive Plan and/or
the regional transportation plan.
d. The proposed residential development (if applicable) is a mew or gated
development.
Staff tinds that if the developer installs gates at the entrance to the private streets as
recommended, the proposed residential development will he consistent with this finding.