Falconers Place PP-13-039 MDA-13-024 ALT-13-025 -Findings for DenialBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR A DEVELOPMENT AGREEMENT
MODIFICATION TO CHANGE THE
DEVELOPMENT PLAN FROM A
RETIREMENT COMMUNITY TO A
TOWNHOME COMMUNITY AND A
PRELIMINARY PLAT APPROVAL
CONSISTING OF TWO RESIDENTIAL
LOTS AND ONE COMMON LOT ON
APPROXIMATELY 4.69 ACRES IN A
R-8 ZONING DISTRICT
FOR
FALCON DRIVE MERIDIAN, LLC
APPLICANT.
C/C 03-04-14
Case No. MDA 13-024; PP 13-039
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled development agreement modification and preliminary plat
application having come on for public hearing on March 4, 2014, at the hour of 6:00 o'clock
p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Bill Parsons,
Meridian Planning and Zoning Department, and Deborah Nelson and Laren Bailey, appeared
and testified on behalf of Falcon Drive Meridian, LLC, and the City Council having duly
considered the evidence and the record in this matter therefore make the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for development agreement
modification and preliminary plat was published for two (2) consecutive weeks prior to said
public hearings scheduled for March 4, 2014, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under consideration
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 1 OF 4
more than fifteen (15) days prior to said hearings and with the notice of public hearings having
been posted upon the property under consideration more than one week before said hearing;
and that copies of all notices were made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by the City Council
on March 4, 2014, public hearing; and the applicant, affected property owners, and government
subdivisions provided services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and § 11-SA, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian on
April 19, 2011, Resolution No. 11-784, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is generally located on the southeast corner of E. Falcon Drive and
S. Eagle Road in the NW 1/4 of Section 28, Township 3 North, Range 1 East, Meridian, Idaho
(Parcel's 8319250021 and 8319250023).
5. Falcon Drive Meridian, LLC whose address is 3330 E. Louise Drive, Suite
#300, Meridian, Idaho, is the current property owner and applicant.
6. The Applicant requests approval of a development agreement modification to
change the development plan from an assisted living facility consisting of six (6) buildings to a
36-unit townhome development and a preliminary plat consisting of two (2) residential lots and
one (1) common lot on 4.69 acres in an R-8 zoning district. The property which is the subject
of this application is within the City of Meridian.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers confel7ed upon it by the "Local
Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code §67-
6511A and Section 11-SB-3F of the Unified Development Code to review the development
agreement modification request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 2 OF 4
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the hearing
date of March 4, 2014, incorporated by reference.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the application for development agreement modification is denied since the
proposed modifications to the current development agreement are not improvements over the
contemplated use of the subject property. City Council has elected not to deviate from the
specific use as an assisted living facility as approved in the Conditions Governing
Development of Subject Property as outlined in the existing Development Agreement dated
September 27, 2005 (instrument # 105152708).
Since the request to change the development plan has been denied, the preliminary plat
request is no longer needed and is therefore denied.
By action of the City Council at its regular meeting held on the day of March,
2014.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILMAN JOE BORTON
COUNCILMAN LUKE CAVENER
COUNCILWOMAN GENESIS MILAM
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN DAVID ZAREMBA
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED ° ~~ ` ~"
VOTED ,...
VOTED
VOTED ~~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 3 OF 4
F
DATED: /
MOTION: APPROVED: DISAPPROVED:
,:_~~~
,~
MAY01~ ~'AMMY de WEERD
~~ ,.
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
Dated.
By.
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRELIMINARY
PLAT AND DEVELOPMENT AGREEMENT MODIFICATION; CASE NO. MDA 13-024; PP 13-039- PAGE 4 OF 4
SUBJECT: PP-13-039; MDA-13-024 and ALT-13-025 -Falconers Place
After the Commission hearing, staff received a notarized affidavit from one of the property owners
(Ronald Mowery) revolting their permission to be part of the proposed preliminary plat application
(Lot 1, Bloch 1). The Mowery property was improperly split from the original parcel through the
County after City annexation in 2005. This issue vas not raised in the staff report because the
Mowery's property was included within the boundaries of the proposed plat. Without the inclusion
of the Mowery property, staff has the following concerns:
1) The boundary of the proposed preliminary plat is no longer valid based on the lack of
consent from one of the property owners;
2) The road improvements in front of the Mowery's residence will not occur with this
subdivision and are unlikely to be constructed;
3) The Mowery's and/or a future property owner will be required to connect the existing
residence to City sewer and water at their own expense once services are available as
required in the recorded DA; and
4) The properties will not be eligible for a building permit until both properties are subdivided
in accord with the UDC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Falcon Drive Meridian, LLC, is requesting approval of the following applications:
1) Preliminary plat (PP) consisting of two (2) residential lots and one (1) common lot on 4.69 acres
in an R-8 zoning district;
2) Development agreement modification (MDA) to change the development plan from an assisted
living facility consisting of six (6) buildings to a 36-unit townhome development and;
3) Alternative compliance to deviate from the required 20' X 20' parking pads in front of the
townhomes.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed preliminary plat, development agreement modification
and alternative compliance applications with the conditions listed in Exhibit B, based on the Findings
of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission
heard these items on January 16, 2014. At the public hearing, the Commission voted to
recommend denial of the subiect PP, MDA and ALT requests.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 1
a. Summary of Commission Public Hearing:
i. In favor: Laren Bailey and David Alexander
ii. In opposition: Teresa Turner, Tammy Coolc and Lindell Timothy
iii. Commenting: Bob Aldridge, Rex Coolc, Harold Krasinslci, Holly Thomas-Mowery and
Jonathan Mowery
iv. Written testimony: Ronald Mowery, Brady and TeresaTurner and Rick and Michelle
Stott
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Ted Baird
b. Ke v Issue(s) of Discussion by Commission:
i. The R-8 zoning was granted for the purpose of constructing an assisted living facility.
ii. Approving the proposed development when the recorded development agreement
restricts the use to the assisted living facility.
c. Ke v Commission Change(s) to Staff Recommendation:
i. Commission recommended denial of the application due to the restriction of the use on
the property.
d. Outstanding Issue(s) for City Council:
i. Withdraw of consent from the Mowery property.
3. PROPOSED MOTION
Denial
Aftei° considering all staff, applicant and public testimony, I move to deny File Numbers PP-13-039,
MDA-13-024 and ALT-13-025 as presented in staff report for the hearing date of March 4, 2014 for
the following reasons: (You should state specific reasons for denial of the applications.)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP-13-
039, MDA-13-024 and ALT-13-025 as presented in staff report for the hearing date of March 4, 2014
with the following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers PP-13-039, (MDA-13-024 and ALT-13-025 optional) to the hearing
date of (insert continued hearing date here) for the following reason(s): (You should state specific
reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located southeast corner of E. Falcon Drive and S. Eagle Road in the NW '/a of Section
28, T.3N., R.lE. (Parcel's 8319250021 and 8319250023)
b. Owners;
Falcon Drive Meridian, LLC
3330 E. Louise Drive, Suite #300
Meridian, ID 83642
Ronald Mowery
3295 E. Falcon Drive
Meridian,lD 83642
c. Applicant:
Falcon Drive Meridian, LLC
3330 E. Louise Drive, Suite #300
Meridian, ID 83642
d. Representative:
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 2
Laren Bailey, LEI Engineers and Surveyors
3023 E. Copper Point Drive
Meridian, Idaho 83642
e. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject applications are for a preliminary plat, development agreement modification and
alternative compliance. A public hearing is required before the Planning and Zoning Commission
and City Council on this matter, consistent with Meridian City Unified Development Code Title
11, Chapter 5.
b. Newspaper notifications published on: December 30, 2013 and January 13, 2014 (Commission);
January 27, and February 10, 2014 (Council)
c. Radius notices mailed to properties within 300 feet on: December 23, 2013 (Commission);
January 23, 2014 (Council)
d. Applicant posted notice on site by: January 3, 2014 (Commission); February 6, 2014 (Council)
6. LAND USE
a. Existing Land Use(s): A portion of the site (0.50 acres) is developed with a single family
detached home and will remain on Lot 1, Block 1 of the proposed subdivision. The remaining
vacant acreage (4.19 acres) is proposed to develop with the thirty-six (36) townhomes. The entire
property is zoned R-8.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The
surrounding area is primarily developed as single family residential; zoned RUT in Ada County,
R-4 and R-8.
c. History of Previous Actions:
® In 2005, City Council approved the annexation, preliminary plat and conditional use permit
(AZ-OS-027, PP-OS-027 and CUP-OS-034) to construct and operate an assisted living facility
comprised of 5 individual facilities on the property. As part of the annexation approval, the
Developer and the City entered into a development agreement (DA) recorded under
insh•ument # 105152708.
® In 2008, City Council approved a new preliminary plat and conditional use permit (PP-08-
004 and CUP-08-008) for the same use on the property however, the developer at the time
failed to submit a time extension application or record the plat and establish the use on the
site within the time limits of the UDC. Currently, the recorded DA restricts the use of the
property to the assisted living facility.
d. Utilities:
1. Public Works:
Location of sewer: The sanitary sewer main intended to provide service to this development is
existing in S. Eagle Road.
Location of water: Domestic water mains to provide service to this development are existing
in S. Eagle Rd. and E. Falcon Drive.
Issues or concerns: None
e. Physical Features:
1. Canals/Ditches hrigation: No major facilities transverse the subject properties.
Falconers Place - PP-13-039, IvIDA-13-024 & ALT-13-025 PAGE 3
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: NA
4. Topography: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low-density Residential" (LDR) on the Comprehensive Plan Future
Land Use Map. The LDR land use designation anticipates residential development at gross
densities of three (3) dwelling units or less to the acre. The subject property is currently zoned R-
8which allows the property to develop with a maximum of 8 dwelling units to the acre under the
Unified Development Code (UDC).
As mentioned above, the R-8 zone was established on the property to develop an assisted living
facility. In order to develop the property with the assisted living facility, the previous developer
requested astep-up in the density/zoning (e.g, low to medium) as allowed in the comprehensive
plan. For purposes of this application, the comprehensive plan becomes the advisory tool for
determining the future land use and the underlying zoning regulates the use and the density in
which the property may be developed.
Now that an assisted living facility is no longer proposed for the property, the applicant is
proposing to subdivide the property into two (2) buildable lots that consists of one (1) existing
single-family detached home (Lot 1, Block 1) and thit•ty-six (36) proposed townhomes (Lot 2,
Block 1) on 4.69 acres of land. Gross density proposed for this project is 7.87 dwelling units to
the acre. Although the density is greater than the anticipated density of the comprehensive plan,
the use and density proposed with the development is allowed in the R-8 zone and consistent with
the step-up in density allowed in the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property to support
the proposed development (staff analysis in italics below policy):
® "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." (3.07.01 E)
The proposed townhome developrner~t should provide additional housing choices which is
currently lacking in the area.
® "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.O1F)
The pr°oposed development is contiguous to the city and city services are available to be
extended to the site upon development in accord i-With UDC 11-3A-21.The recorded DA
regarir•es the existing single family home to com~ect to Cit}~ server and water- tivith the first
phase of development.
® "Support infill of vacant lots in substantially developed, single-family at•eas at densities
similar to surrounding development. Increased densities on vacant lots maybe considered if
structures are compatible with surrounding development." (3.07.02I)
The subject property is stn•r°ounded by properties developed at urban densities lot~~er than the
proposed residential development. Hotnever, the residential development on the southwest
corner of Victory Road and Eagle Road is developed with a mix of single family and multi-
family units.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 4
The applicant has submitted building elevations for the townhomes. The proposed structures
are meant to emzrlate the szn•rounding single farzzily homes by incorporating similar building
materials and design features (e.g. horizontal and cedar shake siding, decorative corbels,
stone wainscot, decorative trim, varying r•oofforrns and bell bands).
Since the proposed use of the property is principally permitted within the R-8 zone, the
proposed design of the strtrctzrr•es ennrlate the surrounding residences and the proposed
density is consistent lvith a medium density development, staff finds the development slzotrld
be compatible lvith the surrounding single family developments,
® "Require street connections between subdivisions at regular intervals to enhance cormectivity
and better traffic flow."(3.03.03C)
Because this a totvnhonze development, local street access must be provide to serve the
proposed development. With the development of the subdivision, a new local sb•eet (S.
Falconers Place) will be constructed to serve the towrzhorzze portion of tTze development. The
netiv roadiway will tie into E. Falcon Drive which connects to Eagle Road. The existing
residence tivill continue to take access from E. Falcon Drive, a local street. No direct lot
access to Eagle Road is proposed or approved with the subject application.
The public streets constructed lvith the Karmelle Subdivision to the east connect to E. Falcon
Drive and provide a Victory Road access to the proposed development.
® "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
See analysis above.
® "Pursue sidewalk construction for existing substandard streets." (3.03.02D)
The subject property abuts E. Falcon Drive which is czn~rently a substandard street. With the
development of the subdivision, the applicant will responsible for constructing a 5 foot ti-vide
sidewalk along the entire E. Falcon Drive frontage. The plans as submitted depict a 9 foot
wide parkway and a 5 foot ti-vide detached sidewalk consistent with this action item.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed development will provide additional housing options in this area of the City
within close proximity to employment centers, education facilities and shopping along the
Eagle and Overland Road corridors.
® "Require appropriate landscaping and buffers along transportation corridors (setbacks,
vegetation, low walls, berms, etc.)." (3.06.02F).
Street btffer landscaping is required adjacent to S. Eagle Road in accord with the standards
listed in UDC 11-3B-7C. Fencing shall comply with the standards listed in UDC 11-3A-7.
• "Require usable open space to be incorporated into new residential subdivision plats."
(3.07.02A)
Since the plat is under the 5 acre mirzirnunz, the UDC does not require compliance inith the
common open space and site amenity standards set forth in UDC 11-3G. The only required
landscaping for the development is the 25 foot wide landscape bzrffer adjacent to S. Eagle
Road. The submitted plan depicts approximately 2.74 acres of open space and ttvo (2)
amenities. Staff is supportive of the proposed open space and amenities as a typical infrll
development does not provide this amount of open space for the benejit of the futttr•e residents
and should cornplemerzt the surrounding single farzzily developments.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 5
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. Purpose Statement of the Residential Districts (R-8): 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. Schedule of Use Control: Unified Development Code (UDC) 11-2A-21ists townhomes and single
family detached housing as principally permitted uses in the R 8 zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2A-6 for the R-8 zoning district.
D. Landscaping: A 25-foot wide buffer is required to be constructed along S. Eagle Road in accord
with the sheet buffer landscaping standards listed in UDC 11-3B-7C.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for
townhome dwellings. The applicant is seeking alternative compliance to deviate from the
required parking pads in front of the townhome garages.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA): The subject property is governed by a
development agreement (DA) recorded as instrument #105152708. As mentioned eat•lier, the
previous project was approved for an assisted living facility. To ensure the site developed as
proposed at the time, the recorded DA restricted the development of this site to no more than six
(6) primat•y structures; five (5) retn•ement homes and one (1) clubhouse.
The new owner is seeking the approval to construct a 36-unit townhome development. Since the
proposed project differs substantially from the previous approvals, the recorded DA must be
amended to incorpar•ate new provisions relevant to the proposed development. Staff has provided
the appropriate DA sections that need to be modified:
® Update the Parties: Include new developer/owners;
® Section 3.2: Include new developer/owners;
® Section 4.1: r,,.,~+...,,.+;,.., ,,.,a a„<,~,,,.,w,o.,+ „~ 0;+>10,.., .,,a;+;,.,,~i , ,,;, „i.,,,,,o,r
Con~ehe-ns~~-D~~te t~s~~ ~~-927 upPli~tien: Construction and
development of a residential development consisting of one (1) existing sin~;le family
residence and thirty-six (36) townhomes in an R-8 zone on 4.69 acres;
r1 ~r nnr,rl~>`rrr n.r ~nTrr~r-r rnrrnr r rc~
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Falconers Place-PP-13-039, IvIDA-13-024 & ALT-13-025 PAGE 6
® Section 6:
6.1.1 Thut t~° w.t: ..~ +.. ~4« .,t „ tl,,, /mil ~f,. .,~„
^'~~'~'~°~~~°'~•~~'a~^^ Development of the site shall consist of a maximum of thirty
six (36) townhomes and one (1) single family residence;
6.1.2 Remain as is;
® Add the following new DA provisions:
6.1.3 The applicant shall subdivide (through a condominium plat) all townhome
structures in accord with UDC 11-6B-5. The condominium plat shall be recorded
prior to occupancy of the dwellings.
6.1.4 Future development of the site shall substantially comply with the submitted
preliminaryplat, landscape plan and townhome elevations attached in Exhibit A.
6.1.5 All fixture development of the subject property shall comply with all City of
Meridian ordinances in effect at the time of development.
6.1.6 Prior to issuance of a building permit for any townhome structure, the applicant
shall obtain approval of a Certificate of Zoning Compliance and Design Review
application and record a final plat.
6.1.7 The townhome portion of the development shall consist of approximately 2.74
acres of common open space and two (2) amenities (sitting area with trellis and
plaza area as proposed.
® Section 17: -Update with new owner information.
Preliminary Plat (PP): The proposed preliminary plat consists of two (2) residential lots and one
(1) common lot on approximately 4.69 acres of land in the R-8 zoning district. The existing single
family residence will remain on Lot 1, Block 1. The property owner has given consent to be part
of the application submittal. The other residential lot (Lot 2, Block 1) is proposed to develop with
thirty-six (36) townhomes. The proposed gross density of the subdivision is 7.87 dwelling units
per acre which is consistent with the density requirements of the R-8 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The existing residence on Lot
1, Block 1 must comply with the dimensional standards of the R-8 district. In reviewing the
submitted plat the proposed lot exceeds the minimum frontage (50 ft.) and the minimum lot size
requirements (5,000 square feet) in the UDC.
For the townhome portion of the development, the applicant is proposing to construct the thirty-
six (36) townhomes on single parcel instead of platting each individual unit on a separate parcel.
The UDC does not specify a minimum lot size for the proposed townhomes however; there is a
minimum street frontage requirement of 40 feet. The plat as submitted complies with the
dimensional standards of the R-8 district.
In order to convey ownership of the townhomes as single family residences, the applicant must
subdivide (through a condominium plat) the townhomes in accord with UDC 11-6B-5. Lot 2,
Block 1 of this application will remain under single ownership and maintained by the future
homeowners association.
Access: Access to this development will be provided from E. Falcon Drive; an existing local
street. The existing single family residence will continue to take access from this roadway. The
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 7
townhome portion of the development will take access from the extension of S. Falconers Place.
Staff is supportive of the public street access proposed for the development.
Access for the townhome dwellings will be done tln•ough a blanket reciprocal ingress/egress
easement. With the submittal of the final plat application, the applicant should add a note on the
face of the plat or record a separate document and reference the recorded document member on
the face of the plat that identifies a cross access/shared parking agreement for the townhome
development.
Parlting/Alternative Compliance (ALT): The applicant has requested alternative compliance to
deviate from the 20' X 20' parking pad requirement in front of the townhomes. In lieu of the
parking pads, the applicant is proposing three (3) overflow parking stalls at the end of the each
townhome driveway which increases the amount of useable open space within the development.
Since this is a single family townhome development, the UDC requires each townhome dwelling
provide a total of 4 parking spaces (two car garage and a 20' X 20' foot parking pad). Based on
the UDC requirements the towitilome portion of the development would be required to provide a
total of 144 parking spaces. As submitted the applicant is only proposing 87 parking spaces which
is approximately a 40% reduction in the required parking.
While staff is supportive of the layout and the amount of open space provided with the
reduction in the parking, staff is of the opinion the applicant should add three (3) more
overflow parking stalls within the cluster of four (4) townhomes located in the southeast
corner. If the applicant modifies the plan as recommended, staff is supportive of the
parking plan for the proposed townhome development. Prior to the Commission hearing,
the applicant must submit a revised plan to accommodate the parking changes as
recommended by staff.
Landscaping, Open Space and Amenities: Since the plat is under the 5 acre minimum, the
UDC does not require compliance with the coimnon open space and site amenity standards set
forth UDC 1.1-3G. The only required landscaping for the development is the 25-foot wide
landscape buffer adjacent to S. Eagle Road. The landscape plan as submitted provides the
required 25-foot wide landscape buffer in accord with UDC 11-3B-7C.
In addition to the required landscape buffer, the submitted plat indicates that 2.74 acres of open
space is being provided for the townhome portion of the development. The main reason for the
increase in open space has to do with the applicant's request to reduce the required parking for
the development. Further, the applicant is proposing the following two (2) amenities: a sitting
area with a decorative trellis and a plaza area. Staff is supportive of the proposed open space and
amenities for the development. With the submittal of the final plat application the applicant must
provide details of the proposed amenities.
Existing Trees: The submitted landscape plan notes existing h•ees on the plan proposed for
removal. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or
greater that are removed from the site with equal replacement of the total calipers lost on site up
to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the
final plat, the applicant must submit a revised landscape plan that details the mitigation
plan outlined by the developer and the City Arborist.
Fencing: The submitted landscape plan depicts vinyl fencing along the south and east boundary
of the townhome development. Specific details for the height of the fence have not been
provided. Any future fencing proposed for the development must comply with the fencing
regulations set forth in UDC 11-3A-7.With the submittal of the final plat application, the
applicant must provide a master fence plan to ensure compliance with the UDC.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 8
Pressurized Irrigation: The City of Meridian requires that pressurized irrigation (PI) systems be
supplied by a year-round source of water. The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. An underground, pressurized
irrigation system is required to be installed in accordance with UDC 11-3A-15.
The owner is requesting the use of domestic water to serve as the primary water source for the
proposed development. The applicant states the use of surface water from Nampa Meridian
Irrigation District is not feasible. The surface delivery to this property is on a 10 day rotation and
cannot provide adequate water delivery.
The requirements for a pressurized irrigation system may be waived if the property does not have
water rights in an existing irrigation district. The applicant must submit a letter from the Nampa
Meridian Irrigation District verifying the water deficiency. The city's domestic water system is
the last option for providing irrigation water to a proposed development and requires City
Engineer's approval.
Sidewalks: Sidewalks are required along all public streets. A 5-foot wide detached sidewalk is
required adjacent to S. Eagle Road. The applicant is proposing to construct a 5-foot wide
detached sidewalk and 9-foot wide parkways along the south side of E. Falcon Drive and 5-foot
wide attached sidewalk along both sides of S. Falconer Place. All sidewalks and parkways
constructed within the development must comply with UDC 11-3A-17.
Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered.
Existing Structures: As mentioned above, an existing home will remain on Lot 1, Block 1. Per
the recorded DA, the existing residence must comlect to City services with the first phase of
development.
Elevations: The submitted elevations depict a mix of building materials (lap siding and cedar
shake siding), decorative window and door trim, decorative corbels, belly bands, covered entries,
and stone wainscot consistent with the surrounding developments. Staff is of the opinion the
future townhomes will complement the existing homes in the area and demonstrate high quality
materials (see Exhibit A.4).
Since all of the townhomes will have a similar design and building form, staff recommends the
applicant provide three different color schemes as proposed to provide variation within the
development.
Prior to the issuance of a building permit, the applicant is required to obtain certificate of
zoning compliance (CZC) and administrative design review (DES) for each townhome
structure. Through the CZC and DES process, staff will ensure the compliance with the
building materials, colors and design features proposed with the submitted elevations.
In summary, Staff recommends approval of the proposed preliminary plat, development
agreement modification and alternative compliance with the recommended conditions listed in
Exhibit B of this report in accord with the Findings contained in Exhibit C.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 12/18/13)
3. Proposed Landscape Plan (dated: 11/15/13)
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 9
4. Proposed Building Elevations
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Republic Services
7. Ada County Highway District
C. Required Findings from Unified Development Code
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 10
A. Drawings
1. Vicinity Map
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 8
2. Proposed Preliminary Plat (dated: 12/18/13)
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 9
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 11
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 13
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 must be approved and recorded prior
to submitting any final plat for review and approval. The applicant shall contact the City
Attorney's office (898-5506) to initiate this process. The amended DA shall include the
following modification:
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 14
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Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 15
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2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 16
2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.1.4 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
comiection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
t•eceiving development plan approval.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 All 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 11-3A-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 the Meridian City Engineer prior to final plat signature.
2.1.7 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 of disconnection of services. Wells maybe 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.
2.1.8 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.
2.1.9 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
Dish•ict and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.1.10 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.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 17
2.1.11 All development improvements, including but not limited to sewer and water, fencing, rnicro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.1.12 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.
2.1.13 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.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 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.
2.1.18 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.
2.1.19 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 ACRD. 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.
2.1.20 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
priar• to the issuance of a certification of occupancy for any structures within the project.
2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Sheet 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, which must incfide the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's war•k and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.1.22 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 signahire. This sut•ety 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 887-2211.
2.1.23 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 887-2211.
Falconers Place-PP-13-039, MDA-13-024 & ALT-13-025 PAGE 18
3. FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hoots to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles and alleys shall have a turning radius of 28' inside and
48' outside radius.
3.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.6 All portions of the buildings located on this project must be within 150' of a paved sut•face as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
3.7 Fire lanes, streets and sh•uctures including the canopy height of mature trees shall have a vertical
cleat•ance of 13'6" as set forth in International Fire Code Section 503.2.1.
4. POLICE DEPARTD~fENT
4.1 The Police Department has no comments relates to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no comments related to this application.
6. REPUBLIC SERVICES
6.1 There is a concern that not enough waste receptacles/enclosures are provided to meet waste
generation points and volumes generated by the proposed development. Please contact Bob Olson at
Republic Services (345-1265) to discuss this matter prior to the public hearing. Failure to do so may
necessitate continuance of the project to a subsequent meeting.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC COMMENTS
7.1.1 Construct a 5-foot wide detached concrete sidewalk on Eagle Road located a minimum of 41-feet
from centerline and dedicate right-of--way to tota148-feet from centerline.
Falconers Place-PP-13-039, MDA-13-024 & ALT-13-025 PAGE 19
7.1.2 Construct the south side of Falcon Drive as one-half of a 36-foot street section with curb, gutter
and 5-foot wide concrete sidewalk. Provide a sidewalk easement if the sidewalk is detached and
located outside of the existing right-of--way.
7.1.3 Construct a public street off of Falcon Drive located approximately 275-feet east of Eagle Road
as proposed. The street section approved is 34-feet within 48-feet ofright-of--way with a 48'
radius in the cul-de-sac.
7.1.4 The existing 20-foot wide driveway on Falcon Drive that serves the existing single family
dwelling (Lot 1, Block 1), located 105-feet west of the east property line is approved. Pave the
driveway its filll width and at least 30-feet beyond the edge of pavement of Falcon Drive.
7.1.5 Payment of impacts fees are due prior to issuance of a building permit.
7.1.6 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Airy existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway Dishict Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.9 Consh•uction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
Falconers Place - PP-13-039, IvIDA-13-024 & ALT-13-025 PAGE 20
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.12 If the site plan or use should change in the firture, ACRD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with ACHD Policy and Standard conditions of approval in
place at the time unless awaiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Falconers Place-PP-13-039, MDA-13-024 & ALT-13-025 PAGE 21
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 decision-malting body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat and the 36-unit townhome development are
not in conformance with the low density designation ui the comprehensive plan. Because
of the use restriction in the recorded development agreement and the R-8 zoning district
was granted to allow for the development of an assisted livin f,~ acility, the Commission
finds the proposed development is incompatible with the ad'at cent properties.(please see
Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Commission finds that services can be made 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 Commission finds that the subdivisions will not require the expenditure of
capital improvement fiords.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and 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 this subdivision that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. Staff recommends that the
Commission and Council reference consider the facts, analysis and any public testimony
that may be presented to determine whether or not the proposed subdivision may cause
health, safety or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
The Commission is unaware of any natural, scenic or historic feahu•es on this site.
Therefore, the Commission 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 Commission and Council may consider any public testimony that may
be presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feahu•e(s) of major importance of which staff is unaware.
2. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 21
1. Strict adherence or application of the requirements is not feasible; OR
Staff finds that strict application of the parking standards is not feasible to support the
design concept and provide the amount of open space desired by the applicant. Staff
suppot•ts the reduction in parking to provide more useable open space within the
development.
2. Tlie alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the alternative compliance provides an equal means for meeting the City's
parking standards as follows:
1) it allows for more flexibility in the design ofthe development;
2) inct•eases the amount of useable open space and;
3) provides sufficient parking for meeting the intent of the parking standards.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties if the parking pads are provided in
front of the eighteen (18) townhome dwellings located on the east side of S. Falconers
Place.
Falconers Place - PP-13-039, MDA-13-024 & ALT-13-025 PAGE 22