Da Vinci Park MDA-14-002CITY OF MERIDIAN ; ~~~ ~ ~: - ~ '°~
FINDINGS OF FACT, ~ ~_ ~ ~ _.~ ~~~.
CONCLUSIONS OF LAW ~ ~ ~ ~ ' ~ ~ ~='~
AND ~ ~ '
DECISION & ORDER ~:
In the Matter of the Request for an Amendment to the Development Agreement for Da Vinci Park
to Update the Development Plan for the Property Located at 47 N. Locust Grove Road, by CS2,
LLC.
Case No(s). MDA-14-002
For the City Council Hearing Date of: March 25, 2014 (Findings on Apri18, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 25, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 25, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 25, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 25, 2014, 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-14-002
-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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 25, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for an amendment to the development agreement is hereby approved
per the provisions in the attached Staff Report for the hearing date of March 25, 2014, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
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
vv~•iting, 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 maybe 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 maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of March 25, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-14-002
-2-
a S
By action of the City Council at its regular meeting held on the ~ ~ day of ~ ,
2014. --~
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED -
G
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
a
Mayor Taming cue, Weerd
.,'
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
• Cl rl 's ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). MDA-I4-002
-3-
EXHIBIT A
The applicant, CS2, LLC, requests an amendment to the approved but not yet recorded development
agreement (MDA) for Da Vinci Park. The applicant proposes to update the development plan for the
property with•a new concept plan for a mix ofsingle-family attached and detached lots instead of all
attached lots. See Section IXAnalysis for ~~tore i»formation.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.3 and A.4,
attached.
The Meridian Citv Council hea rd these items on March 25.2014. At the public hearing, the Council
a prov ed the subiect MDA req uest.
a. ummarv of City Council Public Hearin:
z n fa or: Bob Un~e~~
z n opposition: None
iii. Commenting: None
ritten testimony: Bob Unger. Applicant's Representative (in agreement with staff renortl
taff nresentin~ applic ation: Sonya Watters
~_ O her staff commentin g on annlication: None
~_ e v Issues of Discussion by Council:
i. ne
~, re v Council Changes to St aff/Commission Recommendation
~ one
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-13-008 as
presented in the staff report for the hearing date of March 25, 2014, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-14-002 as presented
dLU•ing the hearing on March 25, 2014, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-14-002 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for contimiance.)
Da Vinci Park MDA-14-002
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at the southwest corner of N. Locust Grove Road and E. McMillan Road
at 47 N. Locust Grove Road, in the NE'/4 of Section 31, Township 4N., Range lE.
B. Owner(s):
Lany C. Harpe
P.O. Box 1638
Eagle, ID 83616
1 x Eagle Investments, LLC
P.O. Box 1638
Eagle, ID 83616
C. Applicant:
CS2, LLC
8921 W. Hackamore Drive
Boise, ID83709
D. Representative:
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 3, and 17, 2014
C. Radius notices mailed to properties within 300 feet on: February 27, 2014
D. Applicant posted notice on site by: March 14, 2014
VI. LAND USE
A. Existing Land Use(s): The existing land use of this site is single-family rural residential/agriculttual,
zoned R-4 and R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: McMillan Road, single-family residential/agricultural property, zoned RUT in Ada County and
R-4
South: Single-family residential properties in Havasu Creek Subdivision, zoned R-4
East: N. Locust Grove Road, Idaho Power substation and single-family residential properties in
Settlement Bridge Subdivision, zoned R-8
West: Rural residential/agricultural propei•ry, zoned RUT in Ada County
C. History of Previous Actions:
Da Vinci Park MDA-14-002 2
EXHIBIT A
® In 2006, this site received annexation and zoning (AZ-06-041) approval with R-4 and R-8 zoning.
A development agreement was required as a provision of annexation, recorded as Insh•ument
#107005526.
A preliminary plat (PP-06-042) was also approved for Harpe Subdivision consisting of 22 single-
family residential building lots and 3 common/other lots. The plat has sif~ce expire'
D. Utilities:
a) Location of sewer: Sanitary sewer intended to serve the subject site currently exists directly
adjacent in N. Bright Angel Avenue.
b) Location of water: Domestic water intended to serve the subject site currently exists directly
adjacent in N. Locust Grove Road and E. McMillan Road.
c) Issues or concerns: The subject site is obligated to pay $1,465.56 per acre to proportionally offset
costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must
be received prior to obtaining the City Engineer's signature on any final plat.
E. Physical Features:
1. Canals/Ditches hrigation: There are some irrigation ditches that cross this site.
2. Hazards: NA
Flood Plain: This property does not lie within the Floodplain Overlay District.
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation;
The request is to amend the approved but not yet recorded Development Agreement (DA) to allow for a
change. in the residential component of the development from entirely single-family attached residential
units to a mix of attached and detached units.
The amendment inchides:
1. Changes to the applicable text of the agreement to inchide detached building lots;
2. Updated lot number references based on the revised plan;
3. A revised conceptual development plan; and
4. The removal of the provision that requires the property to be subdivided prior to issuance of any
building permit.
The configuration of the commercial and residential portions of the development has changed slightly
on the revised conceptual development plan from that previously approved. The residential area has
changed from 6.36 to 6.75 acres resulting in a change to the qualified open space requirement from 0.64
to 0.68 of an acre. The approved concept plan depicts 0.74 of an acre of qualified open space; the
proposed concept plan depicts 0.68 of an acre consisting of a 0.38 acre common area and 50% ofthe
street buffer along the arterial streets in compliance with UDC 11-3G-3B. Although slightly less
qualified open space is proposed than previously approved, it still meets UDC requirements.
The Comprehensive Plan Future Land Use Map designation for this site is Mixed Use Neighborhood
(1.4 acres) and Medium Density Residential (6.36 acres). The approved preliminary plat depicts 38
residential building lots; the proposed concept plan depicts 34 residential building lots resulting in a
change to the gross density from 4.89 to 4.38 dwelling units per acre and a mix of housing types. This
minor decrease in density is not a significant change and will not require a modification to the approved
preliminary plat.
Da Vinci Park MDA-14-002
EXHIBIT A
This site consists of two legal parcels. The applicant would like to start construction on two houses, one
on each parcel, after demolition of the existing house and accessory structures. Therefore, the applicant
requests the existing DA provision is stricken that requires the property to be subdivided prior to
issuance of building permits. Provided that access to the building sites meets the Fire Department's
standards and any other applicable life safety requirements, staff does not object to the applicant
commencing construction on these two structures. These structures should be located so that they
comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of
Certificate of Occupancy for these structures, the final plat should be recorded and all improvements
completed.
Because the proposed change ~~t~ill r•esrdt in a n7ia: of housing t} pes as desired in areas sun°our~ding
Mixed Use designated areas, Staff is sarppor•tive of the changes to the DA regarested by the applicant in
ExhibitA.4.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing Conceptual Development Plan
3. Proposed Conceptual Development Plan
4. Proposed Amendments to Development Agreement
Da Vinci Park MDA-14-002
EXHIBIT A
Exhibit A.1: Vicinity Map
E AicM#h~n tai
Da Vinci Park MDA-14-002 5
EXHIBIT A
Exhibit A.2: Existing Conceptual Development Plan
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Da Vinci Park NIDA-14-002
EXHIBIT A
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Da Vinci Park MDA-14-002 7
EXHIBIT A
Exhibit A.4: Proposed Amendments to Development Agreement
(Applicauf's proposed changes are shown in strike-Dart/underline forurat)
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 City Code Title 11 which are herein specified as follows:
Construction and development of an attached and detached single-family and commercial
development consisting of ~ 6 attached residential building lots, 28 detached residential
buildin lg ots, 1 neighborhood commercial lot, and 8 common lots in the proposed R-8 and C-N
zones on 7.76 acres pertinent to the RZ-13-016 and PP-13-036 application.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special conditions:
That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fiunes, glare or odors.
2. That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
3. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
4. That any existing domestic wells and /or specific systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That the following shall be the only allowed uses on this property: single-family attached homes
(Lots 2-7, Block 3), single-family detached homes, and allowed accessory uses of the R-8 zone
and uses as allowed in the C-N zone, except for professional office and healthcare and social
service uses, which are prohibited.
6. ,
the-E~e~~4eridi~•~-?~in~~~e~~~*~ The applicant is allowed to commence
construction of two homes on the site, one on each of the two existing parcels after all of the
existing structures are removed from the site. Access to these building sites shall comply with the
Fire Department's standards and any other applicable life safe , requirements. These structures
shall be located so that they comply with the setbacks of the R-8 zoning district for the fiittire
platted lots. Prior to issuance of Certificate of Occupancy for these structures the final plat shall
be recorded and all site improvements shall be completed and accepted by the City.
7. Development of this site shall substantially comply with the preliminary plat, conceptual
development plan for the commercial portion of the site and the conceptual residential building
elevations shown in Exhibit A.
Da Vinci Park MDA-14-002
EXHIBIT A
8. The side of the structure on Lot 2, Block 1 that faces E. McMillan Road and the rear of the
structures on Lots 1-~7 Block 3 that back up to N. Locust Grove Road shall incorporate
articulation through changes in materials, color, modulation, and architecttual elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
The developer shall incorporate some of the same design elements in the commercial portion of
the development as in the residential portion of the development in accord with the design
guidelines contauied in the Design Manual.
10. A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved by the Planning Division for all single-family attached and commercial structures
on the site prior to issuance of building permits.
11. The developer shall provide amenities on Lot ~ 23, Block 3 as shown on the landscape plan
including a covered picnic area, playground equipment, picnic tables and benches; and a picnic
table and bench on Lot ~ 10, Block 1 in accord with UDC 11-3G-3.
12. Direct access to/from the site via E. McMillan Road and N. Locust Grove Road was approved by
City Council through awaiver-in accord with UDC11-3A-3.
13. Hours of operation in the C-N district are restricted from 6 am to 10 pm, per UDC11-2B-3A.4.
Da Vinci Park MDA-14-002