Z - DA Cherry Blossom H-2018-0018 RZ PPADA COUNTY RECORDER Christopher D. Rich 2018-117003
BOISE IDAHO Pgs=51 VICTORIA BAILEY 12/12/2018 09:07 AM
CITY OF MERIDIAN. IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1, CityofMeridian
2. Jayo Holdings, LLC, Owner
3. Doug Jayo, Jayo Land Development Company, Inc., Developer
THIS DEVELOPMENTAGREEMENT (this Agreement), is made and entered into
this u" day of j%r� 2018, by and between City of Meridian, a municipal
corporation of the Stake of Idaho, hereafter called CITY whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Jayo Holdings, LLC whose address is 10564 W. Business
Park Lane, Boise, ID 83709 hereinafter called OWNER and Doug Jayo, Jayo Laud
Development Company, Inc. whose address is 10564 W. Business Park Lane, Boise, ID 83709
hereinafter called DEVELOPER.
RECITALS,
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, ofeertain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 'WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for the
re -zoning of 10.25 acres of land, described in Exhibit "A", from the R4
(Mediurn Low Density Residential) to the R-8 (Medium Density Residential)
zoning district, under the Unified Development Code, which generally
describes how the Propetly will be developed and what improvements will be
made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both beforethe Meridian Planning & Zoning Commission and before
DEVELOPNFE3NT AGREEMENT— CHERRY BLOSSOM SUBDIVISION (11-2018-0018) PAGE 1 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 65 of 270
the Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
L6 MWEREAS, the record offfic proceedings for the requested annexation and
zoning of the Property held before the Planning & Zoning Coininission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
.jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 4t" day of Septeniber, 2018, the Meridian City Council
approved certain Findings of Fact and ('Onr-ILISiOn-, of Law and Decision ane'(
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WIIEREAS, the Findings require the Owner and/or Developer to enter into a
De-velopment Agreement before the City Council takes final action on final
plat; and
1.9 WIIEREUS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being establishedasa result of
evidence received by the City in the proceedings for zoning designation from
gOVernITIC11t subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City ot'Meridian on
October 11, 2016, Resolution No, 16-1173, and the UDC, Title I I .
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above rccitals are, contractual and
binding and are incorporated herein as if set. forth in full.
DEFINIMIONS. For all purposes of this Agreement the following words, terms, and
pl�rares Herein coniainc;tl in tltis section shall be d+etined ttnd interpreted tts iter�irt prttviclt;cl fear, unle:��
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the 01), ofNferidjan, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 Last Broadway Avenue, Meridian, Idaho 83642.
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Meridian City Council Meeting Agenda December 11, 2018 — Page 66 of 270
12 OWNER: means and refers to Jayo Holdings, LLC, whose address is 1(1564
W, Business Park Lane, Boise, Idaho 83709, the parties that own said Property
and shelf include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Doug Jayo, Jayo Land Development
Company, Inc., whose address is 10564 W. Business Park Lane, Boise, Idaho
83709, the patty that is developing said Property and shall include any
subsequent developer(s) of the Property.
3A PROPERTY: means and refers to that certain parce](s)o0roperty located
in the County of Ada, City of Meridian as described in Exhibit "A" describing
the parcels to be ro-zoned R-8 (Med urn Density Residential) zoning district
and attached hereto and by this reference incorporated herein as if set forth at
length.
4, USES PERMTTUD BY THIS AGREEMENT. This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this, Agreement.
43 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT Or SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the;
following special conditions;
a. Development shall substantially comply with the preliminary plat, landscape plan and
concoptual building elevations included in Exhibit A and the associated conditions of
approval in the staff report.
b, The developer shall obtain an casement across Parcel No. S1212120690 Specifically
for access, tel Lots 16, 17 and 19 at the southeast corner of the site. A copy of the
recorded easement shall be submitted to the City prior to or with submittal of the final
plat application.
c. All hot -nos constructed on the site shall be restricted to:a single -story in height as
proposed by the Developer.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMINTAGREEMENT— CHERRY BLOSSOM SUisDIVISIoN (14-2018-0018) PA4Gr 3 or S
Meridian City Council Meeting Agenda December 11, 2018 — Page 67 of 270
7DE FAULT/CONSE NT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure, to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owners and/or Developer's default
oftbisAgreement, Owners and/or Developer shall have thirty (30) days from
receipt of written notice. ftom City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such ones hundred eighty (180) day period, then the tune allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owners and/or Developer that is not
cured atter notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owners and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners and/or Developer orCity is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owntrs and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
8, INSPECTION: Owners and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineers inspections and
Dr,-VELO1%4 -M'J'AGitrLzmL�-Nr—Cltt-:RRYBLossom SUBDIVISION (H-2018-0018) PA(aE 4 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 68 of 270
written approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agrecinent and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION; City shall record this Agreement,
including all of the Bxhibi(s, and submit proof ofsuch recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinatux, in connection with the re -zoning ofthe Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance, in connection with the annexation and zoning ofthe Property contemplated hereby, the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11, SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insurethe installation of required improvements, whiclithe Owner and/or Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY; No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or suffiv-1c.ni surety of purformance is provided by Owner and/or Dtveloper to the City it) a"-ordanoe
with Paragraph I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows..
CITY:
City Clerk
City of Meridian
33 1,. Broadway Ave,
Meridian, Idaho 83642
OWNERS:
Jayo Holdings, LLC
10564 W. Business Park Lane
Boise, ID 83709
with copy to:
City Attorney
City of Meridian
331 , Broadway Avenue
Meridian, Idaho 83642
DEVELOPER:
Doug Jayo, Jayo Land Development Company, Inc,
10564 W. Business Park Lane
Boise, ID 83709
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
Di,v1 LopA4ENTAGREFMr:NT-04'CRRY BLOSSOM SUBDIVISION (H-2018-0018)
PAGr- 5 or, 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 69 of 270
15, ATTORNEY FEES- Should any litigation becommenced between the parties hereto
concerningthis Agreement, the prevailing party shall be entitled, in addition to anyatherreliefasmay
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictlyoftheessence with respect to each and everyterm, condition and provision hereof, and that
the failure to timely perform any ofthe obligations hereunder shall constitute a breacli of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the pat-ties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest ill
the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property, or portions
thereof, except that any sale, or alienation shall be subject to the provisions hereof and anys000essor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence ofterinination of this Agreement ifCity, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
Is. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affeet any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding,
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and theta are no promises, agreenients, conditions or understanding, either oral
01, written, express or implied, between Owner and/or Dove-loper and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by therm or their successors in interest or their assigns, and pursuant, with respectto City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
DIEVF-LOI,MF-NTAGRI-X-mr,.NT—Ciir.RPYBi-ossom SUBDIVISION (H-2018-0018) PAGE 6 Or 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 70 of 270
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Jayo Holdings, LLC
By:
Its:
DEVELOPER:
Do Jayo Land Development Company, Inc.
'4'
Doug Jayo
CITY OF MERIDIAN
Mayor Ta ny e Weerd
DEvELoPmi?-,NT AGREEMENT— CnERRY BLOSSOM SUBDIVISION (H-2018-0018) PAGr, 7 OF 8
STATE OF Idaho }
ss:
County of Ada )
On this 2.2. day of y(� r, 2018, before me, the undersigned, a otary Public in and for said State, personally
appeared :��(known or identified to me to be th ofJayo Holdings,
LLC, and the perso w I signed above and acknowledged to me that he executed the saafe on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
rrrfifiratn first ahnvr wriHrn.
(SEAL) JODIE L MOGENSEN
COMM NO. 8242
NOTARY PUBLIC i
STATE OF IDAHO
MY COMMISSION EXPIRES: 1011512021
STATE OF Idaho )
N ltbDlit for
Residing at: .�,�
My Coil Mission Expires:.-- rG�� ���C'
ss:
County of Ada }
On this day of ik -t-' 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Doug Jayo known or identified to Ine to be the person who signed above and acknowledged to me
that he executed the same on behalf of Jayo Land Development, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal file day and year in this
certificate first above written.
(SEAL)
JODIE L MOGENSEN otary Pabli or Ida o
COMM NO. 8242 Residing,t:
NOTARY PUBLIC CD
STATE OF IDAHO My Commission Exptr s: Idl
MY COMMISSION EXPIRES: 10115!2021
STATE OF IDAHO )
ss
County of Ada )
On this 1 `'�" day of '�>eG?m�o&�r > 2018, before me, a Notary Public, personally appeared
Tammy de Weerd and C,Jay Coles, know or identified to me to be the Mayor and Cleric, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
CHARLENE WAY
COMMISSION
067390
(SEAL) NOTARY PUBLIC
Notary Public fo I aha __•.�-,�•-�
STATE OF IDAHO
MY COMMISSION EXPIRES =Rw
Residing at:
Commission expiresA -.28 ,20 aa,
DBVCLOPMHNT AGRrEMENT— CIIFRRY BLOSSOM SUBDIVISION (14-2018-0018) PAGE 8 OF 8
In
N
EXHIBIT
Cherry blossom Subdivision
Rezone Description
March 5, 2PIS
Section 12,, Township 3 North, Range I West of the kise A
County, Idaho and more particularly described as -follows:
2,655.21 feet-,
14511 East Wt wrtower St
Suite 130
Meridian, Idaho 83642
Thence along the exterior baun44ry of said Midtown Square Subdlyision and the Easterly
extension thereof, the following two courses and distances, -
South 17'39'59' East, 1,211AI feet;
South OTITST' East,,311.20 feet;
Cherry Blossom Subdivision — H-2018-0018
Meridian City Council Meeting Agenda December 11, 2018 — Page 73 of 270
EXHIBIT
Records of Ada tounty, Idaho;
Thence along said exterior boundary the following 2 courses and distances:
North 897W38"West, 336-23 feet;
1450 East Watertower St
Suite 130
Meridian, Idaho 83 2
ioint in the
Thence along the South boundary of said!. Towne Subdivision, North 47*46'55" West, 294.74
feet, to the centerline of Northwest 7th Street-,
said A, Towne Subdivision;
Said parcel contins 10.94 ars, more or loss.
End of Description.
Cherry Blossom Subdivision — H-2018-0018
Meridian City Council Meeting Agenda December 11, 2018 — Page 74 of 270
EXHIBIT A
Cherry Blossom Subdivision – H-2018-0018
Meridian City Council Meeting Agenda December 11, 2018 – Page 75 of 270
EXHIBIT B
E
In the Matter of the Request for Rezone of 10.74 Acres of land from the R-4 to the R-8 Zoning
District; and Preliminary Plat Consi ting of 47 Single -Family Residential Building Lots and l i
Common Lots on 10.25 Acres of Land for Cherry Blossom Subdivision, by Tong Jayo, ,layo Land
Development Company, Inc.
Case o(s)`.B-2018-0019
For the City Council Bearing plate of. August 21, 2018(Findings on September 4, 2018)`
A. Findings of Fact
I . Tearing Pacts (see attached Staff Report for the hearing date of August 21, 261 , incorporated b
reference)
2. process Facts (see attached Staff ]Report for the hearing date of August 21, 20111 incorporated by
reference),
. .Application and Property pacts (see attached Staff Report, for the hearing date of August 21,
2018, incorporated by, reference)
1. Required Findings per the unified Development Code (see attached 'Staff Report for the hearing
date of August 21, 2018, incorporated by reference)
B. Conclusions oftaw
1. The City ofMeridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C: §67-6503).
2. This lk leridian City Council takes judicial notice of its Unified Development Code codified at
Title I I Meridian City Code, and all current zoning; maps thereof; The City of Meridian has, by
ordinance, established the Impact .Area and the Amended C'omptehensive Plan of the City of
Meridian, vas adopted .April 1% 2011, Resolution No. 11-784 and Maps,
. The conditions shall he reviewable by°the City Council pursuant to Meridian City Code § I I - A..
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
. It is found public facilities and services requiredhythe proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
. 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
Community Development
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(9)H-2018-0018
Meridian City Council Meeting Agenda Sep 1#.4M— > T»cgfi
paw ;
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 21, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Rezone and Preliminary Plat is hereby approved per the conditions
of approval in the Staff Report for the hearing date of August 21, 2018, attached as Exhibit A.
A Development Agreement is required as:a provision of the Rezone.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-613-7A);
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 I 1-613-78).,
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11--
6B -7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 -2-
Meridian City Council Meeting Agenda 9ephmlbw#J,2ZN19B-- RhW1W(df2PM
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 six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
I, The Applicant is hereby notified that pursuant to Idaho Code. 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. 'Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: StaffReport for the hearing date of August 21, 2018
CITY OF MERIDLALN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 _3
Meridian City Council Meeting Agenda 9epbaAbwr0W,28t19B-- 9&W$WaffAM
By action of the City Council at its regular meeting held on the q+h day of P-Mber,
2018.
COUNCIL PRESIDENT JOE BORTON VOTED /&
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED A
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED / &I
COUNCIL MEMBER TY PALMER VOTED `leo
COUNCIL MEMBER TREG BERNT VOTED Y(fcll
COUNCIL MEMBER GENESIS MILAM VOTED y,f4
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Attest:
C.J y Coles
City Clerk
Mayor de Weerd
oeO AUCU
O
10
2 City of
w
E ID A'.- to+o
sm SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:0)-U ru Ucw Dated: J2,0 U&A 4, 40/ F
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 - 4 -
Meridian City Council Meeting Agenda December 11, 2018 – Page 79 of 270
STAFF REPORT
Hearing Datc:
1 wj ilk I I n
August 21, 2018
Mayor & City Council
Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
209487-2211
Cherry Blossom Subdivision — RZ, PP (1-1-2018-0018)
Note: The original application subotified bj, the Applicant contained 9 hui1d;Mg lobs and 10 0o MOi 0),
lots. A revised applicalionand preliminary plat was submitted on June 8,2018that reflects 12fe"'er,
,building lots and a revised lot configuration based on earlier discussions with Maff. Tire information
contained in this report is based on the revised application submittal.
1. SUMMARY DESCRIPTION OF APPLICANT' $ REQUEST
The applicant, Doug Jayo 'Jayb Land Development Compan y, Inc., has submitted an application, for
rezone (RZ) of 10.74 acres of land from the R-4 to the R-8 zoning district;, and a preliminary plat (PP)
consisting of 47 single-family residential building lots and 11 common lots on 10-215 acres of land for
Cherry,131ossom Subdivision.
It. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ and PP applications in accord with, the conditions of
approval in Exhibit IR and the Findings of Fact and Conclusions of Law in Exhibit D_
the subiect RZ, and PP reguests.
a. Summary of Commission Public He.
10
ii. In opgosition: Wyatt Prydew0
, Ingrid Dryden; D bra Nichalson Todd Hanson;
Mariorie Williams-, Justin Williams
Hifi. Commentin., Jamie Elliott, Bill Lube,
ire. Written testimqqj: None
L. Staff presenting agAlcation: LU] Parsons
1h Other §Laff_cgm_menting.ogapp-ligation: N2ngo
lie j issues of Public Testimony. -
1. In favor of the single -story homes proposed and the reduction in the number of homes
M.
W.
V.
Cherry Blossom Sobdivision — RZ, PP 11 20t8-0018 PAGE ;t
Meridian City Council Meeting Agenda 8Whmliw1U,2W1B— WageAD edfAW
of the site off N.W. 4th Street and whether or not an easement exists for access to the
proposed lots via N.W. 4'h St.
A. Concern regarding continuance of irrigation service/riahts:
vii. Concern regardiniz safety of children walking down 7#" St. & Washington St. with no
sidewalks to get to/from school — would like to see pathwU through the site for children
to use;
c. Key Issues of Discussion by
Commission:
L The gravision of another site amenily as recommended !a Staff and what kind of
amenity would be appropriate (probably something other than a tot lot since the
demographic will be 55+1,
fi. Concern Mgarding feasibili_q of develogment of the lots at the southeast corner of the
site accessed off N.W. 4th St. pertaining to the access.
W. The Commission liked the changes to the plat including the reconfiguration and
reduction in the number of lots, single -level homes and increased common area.
d. Commission Chanj!e(s) to Staff Recommendation:
L Additional site amenity (see condition
e. (utstandine Issue(s) for City Council:
L None
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Cherry Blossom Subdivision– RZ, PP H-2018-0018 PAGE2
Meddian City Council Meeting Agenda 8epkmlbwM,2ZD13B-- RbW2D2(df2PM
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Cherry Blossom Subdivision– RZ, PP H-2018-0018 PAGE2
Meddian City Council Meeting Agenda 8epkmlbwM,2ZD13B-- RbW2D2(df2PM
Approval
After considering all staft applicant and public testimony, I move to approve File Number H-2018-
00 18, as presented in the staff report for the hearing date of August 21, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0018,
as presented during the hearing on August 21, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0018 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
I Lwj W W 0 [$IN I Us mna 13 W LTJI W M "416'a &M
A. Site Address/Location:
The site is located at 615 W. Cherry Ln., in the NE 1/4 of Section 12, Township 3N., Range 1W.
(Parcel #88512250150, 88512250140, S 1212120850, and S 1212120695).
Note: Staff reviewed the warranty deed (recorded as Instrument #329628) for parcel
#S1212120695 at the southeast corner of this site included in the plat as Lots 16-19 and has
verified it is an original parcel of record as defined in UDC 11 -IA -1.
Jayo Holdings, LLC
10564 W. Business Park Ln.
Boise, ID 83709
C. Applicant:
Doug Jayo, Jayo Land Development Company, Inc.
10.564 W. Business Park Ln.
Boise, ID 83709
D. Representative:
ri y M-
6664 M GlonwoW$t
Garden Gty� 11) 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this infon-nation.
V. PROCESS FACTS
A. The subject application is for rezone and preliminary plat. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 30, 2018 (Commission); July 6, 2:018 (City
Council)
C. Radius notices mailed to properties within 300 feet on: March 23 2018 (Commission); June 29,
2018 (City Council)
Cheney Blossom Subdivision — RZ, PP H-2018-0018 PAGE 3
Meddian City Council Meeting Agenda 9ephmlkw0W,2ZR198-- ffhWZl8(df29M
D. Applicant posted notice on site(s) on: April 9,2018 and June 12, 2018; August 7, 2018 (City
Council)
V1. LAND USE
A. Existing Land Use(s) and Zoning: The rezone area consists of rural residential land with an
existing home, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North- W. Cherry Lane and single-family residential property, zoned L -O
2. West, South & East: Single-family residential properties, zoned R-4 & R-8
C. History of Previous Actions: This property was annexed in 1959 (Ord. #99, Welker Subdivision
& J.L. Towne Subdivision) and 1965 (#145, Ayers) without a development agreement.
D. Utilities:
1. Location of sewer: Sanitary sewer service to this development will be via new mainline
extensions from the existing mains in NW 7'h Street, W. McFadden Avenue, and W. Cherry
Avenue.
2. Location of water: Water service to this development will be via new mainline extensions
from the existing mains in NW 7t Street, W. McFadden Avenue, and W. Cherry Avenue.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east side of this property and
was previously piped.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not within the Meridian Floodplain Overlay District.
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential
purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8
dwelling units per acre (d.u./acre).
The applicant proposes to develop this 10.25 acre site with 47 single-family residential detached
homes at a gross density of 4.6 dwelling units per acre (du./acre) consistent with the MDR FLUM
designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
"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." (3.07.0 1 E)
Cheat Blossorn Subdivision— RZ, PP H-2018-0018 PAGE4
Meddlan City Council Meeting Agenda 9ephm&w1A,2Z[X19B-- RhWZ%(df29M
The proposed medium density development with single-family detached homeswill contribute
to the variety of housing types in this area. Staffis unaware cif how "affordable" the homes
will be,
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (101.01F)
City services are available and will be extended by the developer to the proposed lots with
development of the site in accord with UDC 11-3A-21.
"Improve and protect creeks (Five Mile, Eight Mile, Nine )~Bile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(5.01.01E)
The HunterLateral runs along the east boundary of this site and has been piped.
"Require common area in all subdivisions." (3.07.02F)
Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10%
qualified open space to he provided within the development. The applicant is proposing 1.11
acres (or 10.8?16) of qualified open space within the development (see Exhibit A.4).
"Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed osed p lat depicts the extension of an existing ,stub street (W. McFa dden Ave) at the
northeast boundaty of the site and a new street connecting to Al W. 7"h Street to the west near
the south boundary ofthe site.
"Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services." (3.04.0 1 H)
Stqffhas coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
"Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle." (6.01.02C)
The Pathways Master Plan depicts a segment of the City's multi -use pathway system
east/west through this site near the southern boundary, a multi -use pathway is proposed
accordingly.
V111. UNHIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11 -2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the, existing R-4 and proposed R-8
zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The
proposed use of the site fair single-family detached dwellings is a principal permitter) use in the R-
8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 district.
D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 in accord
with the standards listed in UDC 11 -313-7C.
Cherry Hlossorn Subdivision— RZ, PP H-2018-0018 PAGE5
Meridian City Council Meeting Agenda 9epkm*w#J,ZD19B-- RhWM6(df2PM
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 single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Rezone
The applicant has applied for a rezone of 10.74 acres of land from the R-4 to the R-8 zoning
district.
The applicant proposes to develop 47 new single-family residential detached homes on the
subject property as shown on the preliminary plat included in Exhibit A.2. The gross density
of the development is 4,6 units per acre which is consistent with that desired in MDR
designated areas per the Comprehensive Plan.
The legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant
to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with
this application, staff recommends a DA as a provision of rezone with the provisions
included in Exhibit B.
2. Preliminary Plat
The proposed plat consists of a total of 47 building lots and 11 common lots on 10.25 acres of
land in the proposed R-8 zoning district (see Exhibit A.2). The applicant proposes to develop
single-family detached homes on this site that are a single -story in height. The subdivision is
proposed to develop in one phase.
The gross overall density for the subdivision is 4.6 dwelling units per acre (d.u./acre) with a
net density of 6.5 d.u./acre. The minimum property size proposed in this development is
4,986 square feet (or 0.11 of an acre) with an average property size of 6,840 square feet (or
0.16 of an acre). This subdivision is proposed to develop in one phase.
Existing Structure: There is an existing home and several accessory structures located on
the north end of this site that is proposed to be removed. All structures on the site shall be
removed prior to signature on the final plat by the City Engineer.
Dimensional Standards: Development of this site is required to comply with the
dimensional standards listed in UDC 1I -2A-3 and Table 11-2A-6 for the proposed R-8
zoning district. Staff has reviewed the proposed plat and found it to be in compliance with the
R-8 dimensional standards.
Access- Two access points are proposed for the larger portion of this development. One via
the extension of an existing stub street (i.e. W. McFadden Ave.) from N. Crestmont Dr. at the
northeast comer of the site; and another at the southwest comer of the site via N.W. 70h St.
Access to the 3 parcels at the southeast corner of the site is proposed via a common
driveway from N.W. 4111 Street across the adjacent parcel to the east. An access
easement is required for access to these lots across Parcel No. 51212120690; the
easement should specifically grant access to the proposed lots. The applicant is required
Cheney Blossom Subdivision— RZ, PP H-2018-0018 PAGE
Meridian City Council Meeting Agenda 9epkm*w#J,2ZN19B-- RhW2016(020
to submit a recorded copy of the easement with the final plat application that contains
those lots.
Stub Streets: Because the area surrounding this site is fully developed, no new stub streets
are proposed to adjacent properties.
Common Driveways: All common driveways are required to comply with and be
constructed per the standards listed in UDC 11-6C-3D. Three common driveways are
depicted on the plat that comply with UDC standards.
An exhibit is required to be submitted with the final plat application that depicts the
setbacks, fencing, building envelope, and orientation of the lots and structures accessed
by a common driveway. All lots that abut the common driveway but aren't taking
access from the common driveway shall have driveways depicted on the opposite side of
the lot from the common driveway.
A perpetual ingress/egress easement is required to be filed with the Ada County
Recorder which shall include a requirement for maintenance of a paved surface capable
of supporting fire vehicles and equipment.
Parking: Off-street parking is required on each residential lot in accord with the standards
listed in UDC Table 11-3C-6 for single -family dwellings.
Landscaping: Landscaping is required to be provided in the subdivision in accord with the
standards listed in UDC 11-3B.
A 25-foot wide street buffer is required along W. Cherry Lane as set forth in UDC Table 11-
2A-6,
I-2A-6, landscaped in accord with the standards listed in UDC I I -3B-7C; the proposed
landscaping complies with UDC standards.
Landscaping is required to be provided in common areas as set forth in UDC 11-3G-3E.
Landscaping is required along pathways (micro-paths as well as multi-use pathways) as set
forth in UDC 11-3B-12C. Only vegetative groundcover is proposed within Lot 13, Block 4
along the micro-path; a minimum of one (1) tree is required to be provided. No
landscaping other than grass is proposed along the north side of the multi-use pathway; no
landscaping is proposed between the south side of the pathway and the curb. A minimum 5-
foot wide landscape strip is required between the curb and sidewalk with landscaping
on both sides of the pathway (including one tree per 100 lineal feet) per the standards
listed in UDC 11-3B-12C; or, submit an application for Alternative Compliance for
landscaping to only be provided on one side of the pathway since the pathway is taking
the place of the sidewalk in that area.
Tree Mitigation: Mitigation is required for all existing trees 4" caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount
of one hundred percent replacement as set forth in UDC 11 -3B- I 0C.5.
Prior to removal of any of the existing trees from the site, the applicant should contact
Elroy Huff, City Arborist, to schedule an inspection. All mitigation information should
be included on a revised plan.
Open Space/Site Amenities: Qualified open space and site amenities are required to be
provided with developments 5 acres or more in size per UDC 11-3G-2. Based on the area of
the proposed development (i.e. 10.25 acres), a minimum of 1.03 acres of qualified open space
and one (1) site amenity is required.
The applicant proposes to provide 1.1 l acres (or 10.8%) of qualified open space in accord
with UDC standards consisting of half the street buffer along W. Cherry Ln. and internal
Cherry Blossom Subdivision — RZ, PP H-2018-0018 PAGE 7
Meridian City Council Meeting Agenda 9eptffnLtwI%,2WU— R%W29adf2M
common open space areas greater than 50' x 100' in area. (Note: The fullbuffer width along
Cherry was included in the calculations, however, there was also area outside ofthe 50' x
100' area that was not included that makes tip the difference)
The applicant proposes to construct a seginent of the City's rnulti-use pathway system
through this site as an amenity along the north side of Cedarburg Street with a micro -path
connection to an existing micro -path to the east. Staff recommends an additional amenity
such as children's play equipment (or something else comparable) is provided; the
applicant should identify the additional amenity at the Commission hearing.
Pathways: The Pathways MasterPlan depicts a segment of the City's 10 -foot wide, multi -use
pathway system east/west through the southern portion of the site.
The pathway is required to be constructed in accord with the standards in the Plan and have
landscaping adjacent to the pathway in accord with the standards listed in UDC 11-313-12C as
noted above under Landscaping.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17.
Five-foot wide attached sidewalks are proposed throughout the development in accord with
UDC standards. A detached sidewalk is typically required along arterial streets; however,
because an attached sidewalk exists along W. Cherry Ln., staff is not recommending it be
replaced with a detached sidewalk.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3 A-2 1.
Street lighting is required to be installed within the development in accord with the City's
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each
lot in the subdivision as proposed in accord with UDC 11-3A-1 5. Pressurized irrigation is
proposed to be provided by the Nampa and Meridian Irrigation District.
A pressure irrigation line/easement is depicted through the middle of Lot 19, Block 4;
this easement should be relocated adjacent to a perimeter lot line.
Storm Drainage: An adequate storm drainage system is required in all developments in
accord with the City's adopted standards, specifications and ordinances. Design and
construction shall follow best management practice as adopted by the City as set forth in
UDC 11-3A-18. Drainage areas that are counted toward the minimum qualified open space
standards are required to comply with the standards listed in UDC 11-313-11C.
Waterways: The Kennedy Lateral runs along the east boundary of this site, and has been
piped, #there is a NA41-D easement for the waterway, it's r-eqUiFed to be depieted on the
plat. if the easement is gireateF than 10 feet in width, it is required to be ine4nded in a
eom Mdo and avatSide 9f
, moll lot that ' ,.q a minim um af 1W 444 a fe-Reed Or -ea, unless modified
by City Couneil at a publie hearing with notiee to surrounding property owners in
eeeepd with -G 4 4 3A This section of the lateral is a private users system and is
beyond NMID's jurisdiction; NMID does not claim any easements on this section, per Greg
Curtis, NMID.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-
7.
1-3A-
7. A mix of 6 -foot tall open and closed style fencing is depicted on the landscape plan; a
detail of the proposed fencing type should be submitted with the final plat application.
Building Elevations: The applicant has submitted conceptual building elevations for future
homes within this development (see Exhibit A.4). Building materials consist of stucco with
Cherry Blossom Subdivision — RZ, PP H-2018-0018 PAGE 8
Meridian City Council Meeting Agenda 9ephmtkw#J,2ZD1B-- RhW2W(df2W
stone veneer accents. Future development should be gene -rally consistent with these
elevations and materials.
Based on the above analysis, Staff recommendy approval of the proposed rezone with the
requirement of a development agreement and preliminary plat with the conditions of
approval listed in Exhibit B of this report in accord with the Findings contained in Exhibit A
X. EXHIBITS
A. Drawings/Other
1, Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 2/8/18)
3. Proposed Landscape Plan (dated: 2/8/18)
4. Qualified Open Space Exhibit (dated: 6/8/18)
5. Conceptual Building Elevations
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Cheny Blossom Subdivision — RZ, PP -2018-0018 PAGE 9
Meridian City Council Meeting Agenda SeplimliaT14,20198— I 02
Exhibit A Page 1
A. Drawings
1. Vicinity/Zoning Map
Meridian City Council Meeting Agenda September 4, 2018 – Page 210 of 461Meridian City Council Meeting Agenda December 11, 2018 – Page 89 of 270
. Proposed Preliminary Flat (dated: 6/8/18)
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. Qualified Open Space Exhibit (dated: 6/8118
Meridian City Council Meeting Agenda '9epbmftwI#,2 — RbW20020
Conceptual Building Elevations
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LaPALOMA 1809
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Meridian City Council Meeting Agenda 9epbmfltwIA,2W19B-- RbW2XB(df2PM
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1. PLANNING DivisioN
1.1 Comments/Site Specific Conditions of Approval
1. 1. 1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the
rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezone ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the,
City within six (6) months of the City Council granting rezone. The DA shall, at minimum,
incorporate the following provisions:
a. Development shall substantially comply with the preliminary plat, landscape plan and
conceptual building elevations included in Exhibit A and the associated conditions of
approval in the staff report.
b. The developer shall obtain an easement across Parcel No. S 1212120690 specifically for
access to Lots 16, 17 and 19 at the southeast comer of the site. A copy of the recorded
easement shall be submitted to the City prior to or with submittal of the final plat application.
c. All homes constructed on the site shall be restricted to a single -story in height as proposed by
the Developer.
1.1.2 Based on the preliminary plat included in Exhibit A.2, dated 6/8/18, the final plat shall include
they following revisions:
a. If there are any irrigation easements greater than 10 feet in width, they shall be included in a
common lot that is a minimum of 20 feet in width and outside of a fenced area, unless
modified by City Council per UDC 11 3A -6D. If an easement exists for the Hunter Lateral
along the east boundary of this site, label it accordingly.
b. Re -number the Block numbers — the block on the west side of Cherry Blossom Place and the
north side of Cedarburg Street shall be Block 1; and the block on the east side of Cherry
Blossom Place, the south side of Cedarburg Street and the north side of W. Cherry Avenue
shall be Block 2.
c. A pressure, irrigation easement is depicted through the middle of Lot, 19, Block 4; this
easement should be relocated adjacent to a perimeter lot line.
d. Lot 18, Block 4 is a common driveway and shall not be named; remove the "W. Cherry Ave."'
label.
1.1.3 The landscape plan included in Exhibit AA dated 6/8/2018, shall be revised as follows:
a. Include mitigation information on the plan for any existing trees 4" caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount
of one hundred percent replacement as set forth in UDC 11-313-10C.5; contact Elroy Huff,
City Arborist, (208-489-0589) to schedule an inspection to determine mitigation
requirements prior to removal of any trees from the site.
b. Include a minimum of one (1) tree within Lot 13, Block 4 along the pathway as set forth in
UDC 11-313-12C.2.
c. Include a detail of the proposed fencing types in accord with the standards listed in UDC 11-
3A-7.
-8-
Meridian City Council Meeting Agenda 9eptwnU9w1A,2WU— %W20adfZ0
d. Under Project Information, remove "building size" as there is no minimum building size in
the R-8 district; and correct the "lot size" to reflect the minimum required of 4,000 square
feet.
e. On the north side of Cedarburg Street, a minimum 5 -foot wide landscape strip is required
between the curb and sidewalk with landscaping on both sides of the pathway per the
standards listed in UDC 11-313-12C. An application for Alternative Compliance may be
submitted for landscaping to only be provided on one side of the pathway since the pathway
is taking the place of the sidewalk in that area.
f, Revise the landscape plan to coincide with the changes to the plat noted above in condition
#1.13.
1.1.4 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building
envelope, and orientation of the lots and structures that are accessed from common driveways as
set forth in UDC I 1 -6C -3D. The driveways for lots that abut the common driveway but are not
taking access from the common driveway shall be depicted on the opposite site of the lot from the
common driveway.
1.1.5 The common driveways proposed within the development shall be constructed in accord with the
standards listed in UDC I I -6C-3d.
1.1.6 A perpetual ingress/egress easement for the common driveways shall be filed with the Ada
County recorder, which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment; a copy of the recorded easements shall be submitted with
the final plat for City Engineer signature.
1.1.7 The applicant shall provide a segment of the City's multi rise pathway system through this site as
proposed and one (1) additional site ainenity such as children's play equipment (ff
something else eompar-alk e); the applieant shall identify a seeond amenity at the
Commission hearing
1.1.8 The amended development agreement shall be recorded prior to submittal of a final plat
application for the proposed development.
1.1,9 All existing structures on the site shall be removed prior to City Engineer signature on the final
plat.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2A-6.
1.2.2 Comply with all provisions of 11-3A-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 -6i.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A
15,
I -3A15, UDC 11-313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth. in UDC I 1-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313->
7. 1-313-
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Meridian City Council Meeting Agenda 9ephm&w#J,ZD19B-- RhW2010WAVIO
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC I 1-313
1
-313I 1C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135
and I I -313-7C.
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 four4nch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-1 U.
1.2.12 Comply with all provisions of UDC 11-3A-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 I 1 -314-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5 UDC 11-313-13 and UDC 11-313-14.
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-3FI.
1.3.3 The project is subject to all current City of Meridian ordinances.
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.
13.5 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-1 1.
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 11 -
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 11-6C-313. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC I I -6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613
713
1-6137B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-X 13-7:
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Meridian City Council Meeting Agenda Sephm&w#J,ZD19B-- RhW222cdf4VD
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC l 1-3B- I 4A.
. PUBLIC WORKS DEPARTMENT
2.1, SITE 'SPECIFIC CONDITIONS OF APPROVAL
2. l .l. A street light plan will need to be included in the finial plat and/or building peffnit application,
Street light plan requirements are listed in section &5 of the Improvement 'Standards for 'Street,
Lighting. A copy of the standards can be found at
htlp://www.me,ridi-.mcity.orublic works.asp ?id=272:.
2.12 Water service to Lot l9 Block 4 should carne from W Wherry Avenue, not to the bash corner of
the hot as proposed.
2.1.E Sanitary sewer and water service to the., lents fronting a common driveway shalt come frtam service
lines extended froin the public right-of-way, and not from mainline extensions within said
driveways:
2,2 GENMAL CONDITIONS OF APPROVAL
2.2.1 Applicant shall coordinate water ,and sewer main size and routing with tate Public Works
Department, and execute standard forms of casements for any mains that are required to provide
service outside of a public right-of-way. Minimum co vet giver sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet titan alternate materials shallbe used in
conformance of City of Meridian Public Works Departments Standard 'Specifications;
2.2,2 Per meridian City Cade (MCC), the applicant shall be responsible to install sewer and water
malas to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MC 8-6-5.
2.23 The applicant shall provide easement(s) for all public waterlsewer mains outside ofpublic 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 casements shall not, be ded sated via the plat, but
rather dedicated outside the plat process using the City of 147lendian" 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 forks, a legal description prepared by an Idaho
Licensed Professional ]land Surveyor, which must'include the area of the easement (marred
EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signedandslated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All casements must be
submitted, reviewed, and approved prior to development plain approval.
2.14 The City of Meridian requires that, pressurized irrigation systems be supplied by a year-round
source of water I iC12-13-8.3). 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, a single -point
connection 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 comiil . areas prier to
prior to receiving development platin approval,
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat;
by, the City Engineer. Any structures Haat are allowed to remain shall be subject to evaluation' and
possible reassignment of street addressing to be in compliance with MCC.
2.Z6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be ailed per lelD
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Meridian City Council, Meeting Agenda #t,=lS— ffkW22Vdff4V0
I I -3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
227 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.
2.2.8 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,
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 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.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11 -5C -3B.
2.112 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC I I -12-311.
2.2.17 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.
2.2.18 The design 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,
2.2.19 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 ACTIN: 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,.
2.2.20 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
prior to the issuance of a certification of occupancy for any structures within the project.
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Meridian City Council Meeting Agenda 9ephm1bw#J,2ZU1913-- RhW2WaJf4Vl0
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public — worksaspx?id=272.
2.2.22 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 signature. 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. PoucE, DEPARTMENT
3.1 The Police Department has no comment on this application.
4. RRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000
gallons per minute for a duration of 2 hours 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.
4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
'water quality by the Meridian Water Department for bacteria testing.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows,
a. Fire hydrants shall have a Storz LDH connection in place of the the 4 I/z" outlet. The Storz
connection may be integrated into the hydrant or an approved adapter may be used on the 4112""
outlet.
b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle.
c. Fire hydrants shall be placed on comers when spacing permits.
d. Fire hydrants shall not have any vertical obstructions to outlets within 10.
e. Fire hydrants shall be placed 18" above finished grade to the center of the Storz outlet.
f Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards.
g. Show all proposed or existing hydrants for all new construction or
additions to existing buildings within 1,000 feet of the project.
4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet. Cul -D -Sacs shall be 96' in diameter minimum and shall
be signed "No Parking — Fire Lane" per International Fire Code Sections 503.3 & D 103.6.
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Meridian City Council Meeting Agenda RhW2ff4aJf4Vl0
4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
4.6 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official- National Fire Protection IFC' 503.4.1
4.7 Provide signage ("No Parking Fire Lane') for all fire lanes in accordance with International
Fire Code Sections 503.3 & D103.6.
4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.9 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.
4.10 To increase emergency access to the site a minimum of two points of access will be required
for any portion of the project which serves more than 30 homes, as set forth in International
Fire Code Section 1)107.1. The two entrances should be separated by no less than 1/2 the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3. The
applicant shall provide a stub street to the property to the (west/east/north/south),
4.11 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking, streets less than
32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 80,000 GVW as set
forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2.
5. REPuBuc SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 The project developer shall design and construct a multi -use pathway consistent with the location
and specifications set forth in the Meridian Pathways Master Plan (Chapter 3) to connect NW 71n
Street with the proposed Cherry Blossom Place. Pathway may be provided as a 10' attached
sidewalk along the north side of Cedarburg Street (proposed).
61 Prior to final approval, the applicant shall submit a public access easement for any additional width
required beyond the public street right-of-way (Cedarburg Street) in order to achieve the 10'
multi -use pathway described above to the Planning Division for Council approval and subsequent
recordation.
6.3 The applicant shall also submit a public access easement for the micro pathway depicted between
lots 17 & 18, to provide a connection to the existing micro -pathway at W. Maple Drive in the
adjacent Midtown Square subdivision to the east. The easement shall be a minimum of 7' wide (5'
pathway + 1' shoulder each side).
Use standard City template forpublic access easements. Easement cheeldist must accompany all
easement submittals.
6.4 Construct all pathways per typical paving section(s) as shown in the Meridian Pathways Master Plan
Chapter 3.
6.5 The owners (or representative association) of the properties affected by the public access easement(s)
shall have an ongoing obligation to maintain the multi -use pathways.
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Meridian City Council Meeting Agenda 9ephm1bw#J,2ZU1913-- RhW2215WAVU
7. ADA CouNTY Hir.HwAy DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk
on Cherry Lane abutting the site.
7.1.2 Construct 5 -foot wide sidewalk on NW 7°"
Street abutting the site.
7.1.3 Provide a permanent right-of-way easement to 2 -feet behind the back of sidewalk for any public
sidewalk located outside of the dedicated right-of-way.
7.1.4 Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7t"
Street abutting the site.
7.1.5 Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect
Cherry Blossom Place.
7.1.6 Construct the knuckle on McFadden Avenue with a minimum 45 -foot back of curb radius.
TL7 Construct Cherry Blossom Place and Winsford Court as 33 -foot street sections with curb, gutter
and 5 -foot wide attached sidewalk within 47 -feet of right-of-way.
7.1.8 Tenninate Wirisford Court in a cul-de-sac, approximately 440 -feet south of McFadden Avenue,
as proposed.
7.1.9 Construct Cedarburg: Street as a 33 -foot street section with curb gutter and 5 -foot wide sidewalk
on the south side of Cedarburg Street and a 118 -foot wide pathway on the north side of Cedarburg
Street within 52 -feet of right-of-way.
7.1.10 Construct the cul-de-sac and the knuckle with a minimum 45 -foot turning radius.
7.1.11 Pave the existing drive aisle its full width and a minimum of 30 -feet into the site from the edge of
pavement on 4`" Street.
7,1.12 Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat.
7.1.13 Payment of impact fees is due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right -of --gray (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way (including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, 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 Develoment Review staff for review,
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.
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Meridian City Council Meeting Agenda 9ephm&w#j,ZD19B-- RhW21DWAVO
7.2.6 All titilitytelocation casts ,associated with improvingstreet firate gesrabutting the, site Miall be
borne by the developer.
7.17 It is the responsibility of the applicant to verify, all existing utilities within the right-of-way. The
applicant at no cost to AOID-shall, repair existing utilities, damaged by the applicant. The.
applicant shall be required to call DIGLINE (1-8 11 342-1585) At least two full business, days
prior to breaking ground within, ACHD right-of-way. The applicanushall contact AC H-D'Traffic
Operations 387-6190 in, the event any AC140 conduits (spare or filled) are compromised during
any phase of construction,
7-1'8 Utility street cuts, in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District"sUtility, Coordinator at 387-+ (with file numbers; fGr
details.
7,2All design and construction shall be in accordance with the ACED Policy Manual, ISPWC
Standards and'approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall"
prepare and certify all improvement plan&,
'712�10 t onstructioo, use and ,property'developinent,shall be in conformance with all applicable
requirements of AC141) prior to District approval for occupancy.
7.2,11 No change in the terms and conditions of this approvalshall be valid unless they are, in writing
and signed by the applicant or the applicant's Authorized reptvsentative and an authorized
representative of ACHD, The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD,
7-2.12) If the siteplan or use should change in the futurc, ACHD Planning Review will -review the site
plain and may rewire additional improvements to the transportation system at that time, Any
change in the planned use of the property which is the subject of this application,,shall require the
applicant to comply with AC14D Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirementsor other legal relief is granted by the ACHD
8'. CENTRA.LDISTR-lC.THEALT14DEPNRT.UtNT
U.
E2
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Meddian City Council Meeting;Agenda 9epkw0w1#.-2M— ffkw2zWA3ff4M
9. NAMPA MERIDIAN IRRIGATION DISTRICT
Providing ; all storni drain a is retained on-site h will be no impact to Na paena idjsn
lT l gation District (NMID). Therefore, no, flurdier review will be required at Ws time.
If Mall), sorta dfiaibage leaves the site, IIID requires a riled Land Use Change Application
for review prior to final platting. Pleaw contact lke Adams at: 08 466-7861, or 1503 Pint!
St Sd Nampa, Il) 83651, for further information..
All private laterals and waste ways must be nrqtectedAaAmwjyWn—ed. It is recommended that
irrigation water be available to all developments vftin the N ID. Developers must comply
vNith Idaho Cade 31-380:3a
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Meridian
1'7 -
Meridian City Council) Meeting Agenda' ' 14, R 2ffi8cr f4ZW
10. IDAHO TRAM PC)RTATIC}N DEPARTMENT (M
April 10., 20l
C.Joy Coles
Meridian (1ty Clerk -*g Office
3 East.Idah Avenue
Meridian, Idaho $3642
V,1EMAIL
, ITD does net object to the end and preliminary plat aplailetm presented,
If y()U hwe any Questions, you, may contact meat 33j71911 or hba,a Ionhin at (20) 334 341
18
Meridian City Council Meeting' Agenda I i, `B —Obwaff4
Thence alun the North 6aundary ofsaW Section 4 South MV53" East" 411.87 feat to tfre ,
South 1 -3'3"5 ` East 1,291.11 feet;
South 89"17'53" Erik, 311.20 feat;
Mor than City Council Meeting,A,genda 'IU, T 0928flMadf
61H,
MWO&M - 1 160
North $92V3VWest, 336.11 feet,
!WWW T"(01WIlor M, 0"W177W
$44**P�
RXMIMm, Wo7pamm't =77pumlim
said 41. Towne Subdivision;
Thence along said North boundary and Westerly extension thereof, South 96"37'4T' East,
IS7.00 feet to the East boundary of said A. Towne Subdivision;
Thence ion said East boundaryand the Northerly extension thereof, North 0077'01"East"
83168 feet to the POINT OF BEGINNINO,
Said parcel contains 10.94 acres, more or less,
End of Description,
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Moddian City Council Meeting Agenda
BASIS OF BEARING
N1/4
S8926, �3 E 2655�21
W CHERRY LN 1 6
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12 2-0 J L
12 1
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LINE TABLE
LINE LENG-M, BEATNG
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L2 15
QURVE TABLE
CURVE R,ADIUS
C 1 275.a0
I LENGTH
159,31
j,GHQR0 DIST CHORD BRC,
1,3 7.83 N27 -411'N -E
I DELTA,
128'56"26"
EXHIBIT DRAWNG FOR
CHERRY 8LOM, SU 8DIMSION -REZONE
LOCATED IN TK NW V4 0' W,, NE 1/4, OF SECTOON, 12, TM,, POW, e,M,,
0-fY or MMU M, ADA, CWNI t IDAHO
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Meridian C4 Council Meeting Agenda'SeptimitwI4,280— WaW2=a1f4ZM
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Meridian City Council Meeting Agenda 9epbmAbwrOW,2NtI9B-- R&W28WWAVIO
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a rezone, the
Council shall make the following findings-.
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from R-4 to R-8 and develop 47
new single-family residential detached homes at a gross density of 4.6 units per acre
consistent with the MDR FL IM designation. The City Council finds the proposed
amendment complies with the applicable provisions of the Comprehensive Plan as noted
above in Section V11 and should be compatible with adjacent residential uses (see section V11
above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section Vill
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-511-3.1E).
This findings does not apply as the proposed application is for a rezone, not annexation.
2. Preliminary Plat Findings:
In 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
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
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Meddlan City Council Meeting Agenda 9ephm&w#J,ZD19B-- RhW2WAcdf4VD
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 will be provided to the subject property upon
development. (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;
The Council finds there is public financial capability of supporting services for the proposed
development based on comments provided from the public service providers (i.e., Police,
Fire, ACHD, etc.) (see Exhibit B for more detail).
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
hearing, safety or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist
on this site.
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Meddian City Council Meeting Agenda 9ephmflkwTO41,2NtI98-- 9&W2BlE6off4ZM