HomeMy WebLinkAboutZ - Development AgreementADA COUNTY RECORDER Christopher D. Rich 2017-119308
BOISE IDAHO Pgs=63 BONNIE OBERBILLIG 12/14/2017 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: L City of Meridian
2. Blackrock, LLC/Triple D Land and Livestock, LLC, Owners
3. Sky Mesa Development, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered
into this `2�day of 1�e cern be+� 2017, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereinafter called CITY, whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and BIackrock, LLC/Triple D Land and Livestock, LLC, whose address
is P.O. Box 2640, Meridian, Idaho 83642, hereinafter called OWNERS, and Sky Mesa Development,
LLC, whose address is 729 S. Bridgeway Place, Eagle, Idaho 83616, hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain 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 § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer make
a 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
11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owners and/or Developer have submitted applications for the
annexation of approximately 54.01 acres of land with the R-4 (Medium Low
Density Residential) and R-8 (Medium Density Residential) zoning districts; and
rezone of 38.87 acres of land from the R-2 (Low Density Residential) to the
R-4 (Medium Low Density Residential) zoning district; 6.26 acres of land from
the R-2 to the R-8 (Medium Density Residential) zoning district; and .88 acres
of land from the R-4 (Medium Low Density Residential)' to the and R-8
(Medium Density Residential) zoning districts in Ada County (as described in
Exhibit "A"), under the Unified Development Code, which generally describes
how the Property will be developed and what improvements will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before the
DEVELOPMENT AGREENIENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 1 Or g
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested annexation and
rezone on the Property held before the Planning & Zoning Commission, 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 5th day of September, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS, Owners 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 Owners 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 established as a result of evidence
received by the City in the proceedings for zoning designation from government
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 of Meridian on October 11, 2016,
Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding
and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the
clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, 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
East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 2 OF 8
3.2 OWNERS: means and refers to Blackrock, LLC/Triple D Land and Livestock,
LLC, whose address is PO Box 2640, Meridian, Idaho 83642 the party that owns
said Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Sky Mesa Development LLC, whose address
is 1025 S. Bridgeway Place, Ste. 290, Eagle, Idaho 83616 the party that is
developing said Property and shall include any subsequent developer(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit "A" describing the
parcels to be annexed and zoned Medium Low Density Residential (R-4) and
Medium Density Residential (R-8) zoning districts and rezoned to Medium
Density Residential (R-8) zoning districts as attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 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.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and building elevations (photos) depicted in Exhibit A of the Staff Report
and the conditions noted in said staff report that is an exhibit to the Findings of Fact and
Conclusions of Law, attached hereto as Exhibit "B".
b. The Owner/Developer shall be responsible for all costs associated with the sewer and
water service extension.
c. The Tenmile Creels, which runs along the northeast corner of this site, shall remain open
and not be piped and shall be protected during construction.
d. If the 2 -story homes are constructed on Lots 60-65, Block 5 and Lots 36-38, Block 8, they
will be highly visible from S. Eagle Road, an arterial street. Therefore, the rear elevations
of 2 -story homes shall incorporate articulation through changes in two or more of the
following: material type, projections, recesses, step -backs, bays, banding, pop -outs,
porches, balconies or other architectural elements to break up monotonous wall planes and
room lines. This does not apply to single -story homes.
DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 3 OF 8
e. The site amenities (i.e. clubhouse, swimming pool, tot lot, parking) proposed to be
constructed on Lot 1, Block 13 shall be constructed with Phase 3 of development, at the
latest.
6. COMPLIANCE PERIOD This Agreement must be frilly executed within six (6) months
after the date of the Findings for the annexation and zoning or it is null and void.
DEFAULT/CONSENT 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 of
this Agreement, Owners and/or Developer shall have thirty (30) days from receipt
of written notice from 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 one
hundred eighty (180) day period, then the time 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
after 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 or City 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 Owners and/or Developer of any one
or more of the covenants or conditions hereof shall apply solely to the default and
DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 4 OF 8
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 Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and conditions
of this Agreement 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 Exhibits, and submit proof of such recording to Owners and/or Developer, prior to the third
reading of the Meridian Zoning Ordinance in connection with the re -zoning of the 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 of the 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 insure
the installation of required improvements, which the Owners 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
sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with
Paragraph 11 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 E. Broadway Ave.
Meridian, Idaho 83642
OWNERS:
Blackrock, LLC/Triple D Land and Livestock, LLC
PO Box 2640
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Sky Mesa Development, LLC
729 S. Bridgeway Place
Eagle, ID 83616
DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 5 OF 8
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.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may 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
strictly of the essence with respect to each and every term, condition and provision hereof, and that the
failure to timely perforin any of the obligations hereunder shall constitute a breach 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 parties' 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 in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor 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 of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer
have fully performed their obligations under this Agreement.
18. 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 affect 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 there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner and/or Developer 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 them or their
successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or
resolution of City.
DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 6 OF 8
21.1 No condition governing the uses and/or conditions governing re -zoning of the 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 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 Cleric.
[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.
OWNE
BlackrocI , LLC riple D Land and Livestock, LLC
DEVELOPER:
Sky#Igsa Development, LLC
1
By ct
CITY OF MER IA>V ATTEST: _
O�eO TED AU�Usr
v
By:"ly of o
Mayor, am y de Weerd E jpjAN. Coles, ity Cleric
Z IDAHO
SEAL
DEVELOPMENT AGREEMENT— SKY MESA SUBDIVISION (EI -2017-0068) PAGE 7 OF 8
STATE OF IDAHO
: ss:
County of Ada,
On this %� ayf Za L r , 2017, before me, the undersigned, a Notary Public in and for said State, personally
appeared Zi known or identified to me to be the of Blackrock,
LLC/Triple D and and Livestock, LLC who signed above and acknowledged to me that lidlexecuted the same on behalf of
said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this certificate
first above written,
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STATEjO'�f�I1�,Q►�+,)
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County of Ada, )
thl/v
Notary P► blit for Idaho
Residing at: U 1CIr1VG�d��) )
My Commission E+—es: vsz '!7 U1
On this I U day of 61f6 ('?-,2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared V � Mk S - -Y lJI lJ'Cw- , known or identified tome to be the f 2
of Sky Mesa Development, LLC, who signed above and acknowledged to me that he executed the same 6 behalf of said
company.
IN WITNgS3'
above Ak91t�e,,,esss,,,Lfi
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STATE OF IDAHO
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County of Ada
hereunto set my hand and affixed my official seal the day and year in this certificate first
Notary Pu lit or Idaho
Residing at:i t AL1,10
My Commission E pit's: Z 20I
On this 12!'�'day of D f,CQrnbLC, 2017, before me, allotary Public, personally appeared Tammy de Weerd and
C.Jay Coles, ]snow or identified to me to be the Mayor and Clerk, 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 executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written.
(SEAL) el
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DEVELOPMENU GSE G}( sSUBDIVISION (H-2017-0068)
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Notary Public r Idaho
Residing at: ((allt�L
Commission expires: of -'qOa _
PAGE 8 OF 8
EXHIBIT A
Legal Description for Annexation & Rezone Boundaries & Exhibit Map
May 1, 2017
DESCRIPTION FOR CITY OF MERIDIAN REZONE
EXISTING R-2 TO R-4 ZONE
PROPOSED SKY MESA SUBDIVISION
A parcel of land located In the E % of Section 32, T.3N., R. 1E., B.M., Meridian, Ada County, Idaho,
being a portion of Lots 16 and 24 of Block 1 of Blackrock Subdivision, as filed for record in Book 96
of Plats at Pages 12003 through 12008, records of Ada County, Idaho, more particularly described
as follows:
Commencing at the N % corner of sold Section 32, from which the NW corner of said Section bears
North 89'4347" West, 2645.03 feet; thence South 27'50'38" East, 1516.52 feet to a point on the
northerly boundary of said Blackrock Subdivision, the POINTOF BEGINNING;
Thence along said northerly boundary:
Thence South 89'41'43" East (formerly South 89'41'56' East), 1002.86 feet to the
northeasterly corner of sold Blackrock Subdivision;
Thence South 36'3333' Eost, 198.68 feet (formerly South 36'35'50" East, 198.56 feet);
Thence South 47.25'56` East (formerly South 47126109' East), 889.12 feet;
Thence North 89'$9'36" West (formerly North 89`39'49" West), 113,10 foot;
Thence South 00'13'27' West (formerly South 00`13'49' West), 255.57 feet;
Thence leaving sold subdivision boundary North 89'39'38' West, 34511 feet;
Thence South 00'18'34" West, 438.95 feet to a point on a curve on the northerly right-of-way of E.
Taconic Drive,
Thence along said northerly right -Of -Way:
Thence 164.43 fact along the arc of a non -tangent curve to the right, said curve having a
radius of 725.00 feet, a delta angle of 12.5940", and a tong chord bearing North 754958"
West, 164.07 feet to a point of reverse curvature;
Thence 275.05 feet along the arc of a curve to the left, said curve having a radius of 775.00
feet, a delta angle of 20'20'03', and a long chord bearing North 79`30'10" Wost, 273.60
feet to a point of tangency;
Thence North 89'40'11" West, 655.40 feet
Thence leaving said right-of-way North 00'00'49" East, 32.63 feet;
Thence South 89'59'1&' East.150.00 feet;
Thence North 00'01'24' West, t 10,00 feet;
Thence North 80'59'24' West, 125,99 foot;
Thence North 00'209' East, 208.24 foot;
Thence North 15'32'05' West, 958.56 feet to tho POINT OF BEGINNING. Said parcel containing
38,87 acres, more or less.
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EXHIBIT A
May 1, 2017
DESCRIPTION FOR CITY OF MERIDIAN REZONE
EXISTING R-2 TO R-8 ZONE
PROPOSED SKY MESA SUBDIVISION
A parcel of land located in the E% of Section 32, T.3N., RAE., B.M., Meridian, Ada County, Idaho,
being a portion of Lot 16 of Block 1 of Blackrock Subdivision, as filed for record in Book 96 of Plats
at Pages 12003 through 12008, records ofAda County, Idaho, and a portion of S. Eagle Road
right-of-way, more particularly described as follows:
Commencing at the N % comer of said Section 32, from which the NW corner of said Section bears
North 89.43'47' West, 2845.03 feet; thence along the north boundary of the NE % of said Section
32 South 89°43'43' East, 2656.28 feet to the NE comer of said Section 32, thence along the oast
boundary of the NE 14 of said Section 32 South 00'13'21" Wast, 2351.20 feet to the POINT OF
BEGINNING;
Thence continuing along sold east boundary South 00°13'21" West, 32634 foot to the E % corner
of said Sectlon 32;
Thence along the east boundary of the SE'/ of said Section 32 South 00'13'38' West, 99.26 feet;
Thence leaving said boundary North 69148'22' West, 48,00 feet to a point on the northerly right-of-
way of E, Taconic Drive;
Thence along sold northerly right-of-way:
Thence South 45°12'27' West, 9.91 feet;
Thence North 89'48'44' West, 193,92 feet to a point of curvature;
Thence 47.01 feet along the arc of a curve to the left, saki cure having a radius of 200.00
feet, a delta angle of 13'28'01", and a long chord bearing South 83'27'13" Wash 46.90 feet
to a point of reverse curvature;
Thence 47.01 feat along the, arc of a curve to the right, sold curve having a radius of
200.00 fleet, a delta angte of 13.2601", and a long chord bearing South 83427'13' West,
46.90 feet to a point of tangency;
Thence North 89648'44' West, 186,18 foot to a point of curvature;
Thence 94.68 feet along the arc of a curve to the right, said curve having a radius of 725.00
feet, a delta angle ot07'28'56", and a long chord besting North 8810416" West, 94.61 feet;
Thence leaving said right -or -way North 0048'34" East, 43B.95 toot;
Thence South 89139136' East, 574.00 foot to a point on the westerly right -of -of -way of S. Eagle
Road;
Thence South 89046'39' East, 48.00 feet to the POINT OF BEGINNING, Said parcel containing
6.28 acres, more or less.
EXHIBIT A
May 1, 2017
DESCRIPTION FOR CITY OF MERIDIAN REZONE
EXISTING R-4 TO R-8 ZONE
PROPOSED SKY MESA SUBDIVISION
A parcel of land located in the SE Y+ of Section 32, T.3N., RAE., B.M., Meridian, Ada County,
Idaho, being portions of E, Taconic Drive and S. Eagle Road right-of-way, more particularly
described as follows:
Commencing at the N Y+ corner of said Section 32, from which the NW corner of said Section bears
North 89°43'47' West, 2645.03 feet; thence along the north boundary of the NE'/ of said Section
32 South 89°43'43' East, 2656.26 feet to the NE corner of said Section 32, thence along the east
boundary of the NE Y of said Section 32 South 00°13'21"West, 2677.54 feet to the E'/ corner of
said Section 32; thence along the east boundary of the SE Y. of said Section 32 South 00013'38"
West, 99.26 feet to the POINT OF BEGINNING;
Thence continuing along said east boundary South 00°13'38" West, 86.03 feet;
Thence leaving said boundary North 89°46'22" West, 48.00 feet to a point on the southerly right-of-
way of E. Taconic drive;
Thence along said southerly right-of-way:
Thence North 44047'33" West, 9.94 feet;
Thence North 89'48'44" West, 193,84 feet to a point of curvature;
Thence 47.01 feet along the are of a curve to the right, said curve having a radius of 200.00
feet, a delta angle of 13°28'02°, and a long chord bearing North 83°04'43" West, 46.90 feet
to a point of reverse curvature;
Thence 47.01 feet along the are of a curve to the left, said curve having a radius of 200.00
feet, a delta angle of 13°28'02", and a long chord bearing North 83604'43" West, 46.90 feet
to a point of tangency;
Thence North 89'48'44" West, 186.18 feet to a point of curvature;
Thence 94.75 feet along the arc of a curve to the right, said curve having a radius of 775.00
feet, a delta angle of 07'00'18", and a long chord bearing North 86'1635" West, 94.69 feet;
Thence leaving said southerly right-of-way North 00°18'34' East, 50.39 feet to a point on a curve
on the northerly right-of-way of E, Taconic Drive;
Thence along said northerly right-of-way:
EXHIBIT A
Thence 94.68 feet along the arc of a non4angent curve to the left, said curve having a
radius of 725.00 feet, a delta angle of 07°28'56", and a long chord bearing South 86°0416"
East, 94.61 feet to a point of tangency;
Thence South 89448'44" East, 186.18 feet to a point of curvature;
Thence 47.01 feet along the arc of a curve to the left, said curve having a radius of 200.00
feet, a delta angle of 13"28'01", and a long chord bearing North 83.27'13" East, 46.90 feet
to a point of reverse curvature;
Thence 47.01 feet along the are of a curve to the right, said curve having a radius of 200.00
feet, a delta angle of 13'28'01", and a long chord bearing North 83`x7'13' East, 46,90 feet
to a point of tangency;
Thence South 89'48'44" East, 193,92 feet;
Thence North 45'12'27" f=ast, 9.91 feet;
Thence leaving said northerly right-of-way South 89'46'22" East, 48.00 feet to the POINT OF
BEGINNING, Said parcel containing 0.88 acres, more or less.
EXHIBIT A
May 1, 2017
DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION
PROPOSED SKY MESA SUBDIVISION
EXISTING RUT TO R-4 ZONE
A parcel of land located in the N'h of the $E % of Section 32, T.3N., R.1 E., B.M., Meridian, Ada
County, Idaho, consisting of a portion of Lot 10, Block 3 of Blackrock Subdivision, as fled for
record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, more
particularly described as follows:
Commencing at the N % comer of sold Section 32, from which the NW corner of said Section bears
North 89°43'47" West, 2645.03 feat; thence along the north boundary of the NE % of said Section
32 South 89'4343" East, 2656,26 feet to the NE comer of said Section 32; thence along the east
boundary of the NE % of said Section 32 South 00913'21" West, 2677.54 feet to the NE corner of
the SW V4 of said Section 32; thence South 45'41'06' Vilest, 1909.08 feet to a point on the
southerly boundary of said Lot 10 and on the south boundary of the N 'l of the SE % of said
Section 32, the POINT OF BEGINNING;
Thence along said south boundary and Lot 10 boundary North 89'48'13" West, 767.93 feet;
Thence leaving the south boundary of said IN Ila of the SE % and continuing along the boundary of
said Lot 10:
Thence North 00°1'1'47" East, 295.21 feet;
Thence North 46°34'38" West, 612.67 feet to a point on a curve on the southerly right-of-
way of E. Taconic Drive;
Thence continuing along said Lot 10 boundary, and along said southerly rigght-of-way:
Thence 6.55 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 200,00 feet, a delta angle of 01'35'20', and a long chord bearing North 54'0604"
East, 5.55 feet to a point of reverse curvature;
Thence 40.07 feet along the arc of a curve tothe left, sold curve having a radius of 200.04
feet, a delta angle of 11'28'41 ", and a long chord bearing North 49109'24" East, 40.00 feet
to a point of tangency;
Thence North 43'25'03" East, 64.00 feet to a point of curvature;
Thence 40.07 feet along the arc of a curve to the left, said curve having a radius of 200,00
feet, a delta angle of 11128'41", and along chord bearing North 37'40'42' East, 40.00 feet
to a point of reverse curvature;
EXHIBIT A
Thence 40.07 feet along the arc of a curve to the right, said curve having a radius of 200,00
feet, a delta angle of 11'2841", and a long chord bearing North 37°40'42° East, 40.00 feet
to a point of tangency;
Thence North 43125'06" East, 361.62 foot to a point of curvature;
Thence 388.52 feet along the are of a cure to the right, said curve having a radius of
475.00 feet, a delta angle of 461,54'46", and a long chord bearing North 66°52'26" East,
378,15 feet to a point oftangenoy;
Thence South 89'40'11" East, 601.15 feet;
Thence leaving said Lot 10 boundary and southerly right-of-woy South 00'19'40' West, 227,59 feet
to a point: of curvature;
Thence 153.67 feet along the arc of a curve to the right, said curve having a radius of M00 feet,
a delta angle of 2.9°20159", and a long chard bearing South 15"00'18" West, 152,00 feet to a point
of compound curvature,
Thence 322.90 feet along the arc of a cure to the right, said cure having a radius of 1000.00 feet,
a delta angle of 18030'03", and a long chord bearing South 38°5549' West, 321.50 feet;
Thence South 11"25119" East, 654.30 feet to the POINT OF BEGINNING. Said parcel containing
26.57 acres, more or less.
EXHIBIT A
April 27, 2017
DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION
PROPOSED SKY MESA SUBDIVISION
EXISTING RUT TO R-8 ZONE
A parcel of land located in the N % of the SE % of Section 32, T.3N., RAE., B.M., Meridian, Ada
County, Idaho, consisting of a portion of Lot 10, Block 3 of Blackrock Subdivision, as filed for
record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, and a
portion of South Eagle Road right-of-way, more particularly described as follows:
Commencing at the N 'l. corner of said Section 32, from which the NW corner of said Section bears
North 89°4347" West, 2645.03 feet; thence along the north boundary of the NE Y, of said Section
32 South 89°43'43" East, 2656.28 feet to the NE comer of said Section 32; thence along the east
boundary of the NE Y of said Section 32 South 00'13'21" West, 2677.54 feet to the NE comer of
the SW % of said Section 32; thence along the east boundary of said SW % South 00"13'38" West,
185.29 feet to the POINT OF BEGINNING;
Thence continuing along sold east boundary South 00°13'38" West, 286.99 feet;
Thence leaving said east boundary North 89°46'22` West, 48.00 feet to a point on the westerly
right of way of South Eagle Load;
Thence North 89'49'48" West, 480.00 feet;
Thence South 00°13'35" West, 865.69 feet to a point on the south boundary of the N YS of the SW
"l of said Section 32;
Thence along said south boundary North 89°48'13" West, 832.88 feet,
Thence leaving said south boundary North 11°25'19" West, 654.30 feet to a point on a curve;
Thence 322.90 feet along the arc of a non -tangent curve to the left, said curve having a radius of
1000.00 feet, a delta angle of 18°30'03', and a long chord bearing North 38°55'49" East, 321.50
feet to a point of compound curvature;
Thence 153.67 feet along the are of a curve to the left, sold curve having a radius of 300.00 feet, a
delta angle of 29°20'59", and a long chord bearing North 15'00'16' East, 152.00 feet to a point of
tangency,
Thence North 00°19'40' East, 227.59 feet;
Thence South 89°40'11" East, 201,38 feet to a point of curvature;
Thence 257.30 feet along the arc of a curve to the right, said curve having a radius of 725.00 feet,
a delta angle of 20"20'03", and a long chord bearing South 79"30'10" East, 255.95 feet to a point of
reverse curvature;
EXHIBIT A
Thence 276.97 foot along the aro of a curve to the left. said curve having a radius of 775,00 feet, a
delta angle of 20°26'36", and a long chord bearing South 7903412V east, 2761 0 feet to a point of
tangency,
Thence South 80'48144" East, 180.18 feet to a point of curvature;
Thence 47.01 feet along the arc of a curve to the right, sold curve having a radius of 200.00 feet, a
delta angle of 13°28'02'; and a long chord bearing South 83004'43" E=ast, 46.90 feet to a point of
reverse curvature;
Thence 47,01 feet along the arc of a curve to the left, said curve having a radius of 200.00 foot, a
delta angle of 13'28'07, and a long chord bearing South 8360443" East, 46.90 feet to a point of
tangency,
Thence South 80'4844" East,193.84 feet;
Thence South 44'4844' East, 9.94 feet;
Thence South 89'46'22` East, 48.00 feet to the POINT OF BEGINNING. Said parcel containing
27.44 acres, more or less.
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MERIDIAN CITY ANNEXATION AND REZONE
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0068 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 54.01 Acres of Land with R-4 and R-8
Zoning Districts; Rezone of 38.87 Acres of Land from the R-2 to the R-4 Zoning District, 6.26 Acres
of Land from the R-2 to the R-8 Zoning District, and 0.88 of an Acre from the R-4 to the R-8 zoning
district; and Preliminary Plat Consisting of 278 Single-Family Residential Building Lots and 31
Common Lots on 98.35 Acres of Land in the R-4 and R-8 Zoning Districts, by Sky Mesa
Development, LLC.
Case No(s). H-2017-0068
For the City Council Hearing Date of: August 15, 2017 (Findings on September 5, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 15,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 15, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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.
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
EXHIBIT B
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0068 - 2 -
Community Development 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 August 15, 2017, 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 Annexation & Zoning, Rezone, and Preliminary Plat is hereby
approved with the requirement of a Development Agreement per the provision and conditions
in the Staff Report for the hearing date of August 15, 2017, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of 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 67-6511A. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0068 - 3 -
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
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
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of August 15, 2017
By action of the City Council at its regular meeting held on the day of 456
2017.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVEN.ER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
TIE BREAKER)
de Weerd
2 city of
Attest: M]Efql!D
DA
O
SEALI
C. ay Cole
C Clerk
VOTED
VOTED /(Jt
VOTED )&
VOTED (..
VOTED
Yell
VOTED 1a
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
BY: Dated;
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT; CONCLUSIONS OF LAW AND DECISION & ORDER
FILENO(S). H-2017-0068 - 4 -
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 1
STAFF REPORT
Hearing Date: August 15, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Sky Mesa Subdivision – AZ, RZ & PP (H-2017-0068)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Sky Mesa Development, LLC, has submitted applications for the following:
Annexation and zoning of a total of 54.01 acres of land from the RUT zoning district in Ada
County to the R-4 (medium low-density residential) (26.57 acres) and R-8 (medium-density
residential) (27.44 acres) zoning districts in the City;
Rezone of 38.87 acres of land from the R-2 (low-density residential) to the R-4 (medium low-
density residential) zoning district;
Rezone of 6.26 acres of land from the R-2 (low-density residential) to the R-8 (medium-density
residential) zoning district;
Rezone of 0.88 of an acre of land from the R-4 (medium low-density residential) to the R-8
medium-density residential) zoning district; and,
Preliminary Plat consisting of 278 single-family residential building lots and 31 common lots
on 98.35 acres of land in the R-4 and R-8 zoning districts.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, RZ and PP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on July 6, 2017. At the public
hearing, the Commission moved to recommend approval of the subject AZ, RZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay, Applicant’s Representative; Chad Hamel, Boise Hunter Homes
ii. In opposition: Sam Karnes; Susan Karnes on behalf of the Meridian Southern Rim
Coalition (grass roots alliance dedicated to representing south Meridian residents); Jim
Stroo on behalf of the Black Rock HOA; and Wendy Webb
iii. Commenting: None
iv. Written testimony: Becky McKay, Applicant’s Representative (response to the staff
report); Andrea Tlucek; and Andrea Fonnesbeck
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Preference of larger lots than those proposed in the R-8 district & more of a transition
in lot sizes (no greater than 1:1 and a half) from those in Blackrock Subdivision.
ii. Concern regarding impact on traffic (i.e. on Taconic & Eagle Road and at the
intersection) and quality of life in this area.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 2
iii. Request for the hillside to be located within a common lot rather than on individual
building lots so that it’s owned and consistently maintained by the Homeowner’s
Association.
iv. Opinion that the proposed development is not consistent with the goals of the
Comprehensive Plan, as follows: 1) Desire for this area to be a lower density “to preserve
some of the small town character and charm” as stated in the Introduction; 2) does not
feel the proposed development demonstrates consistency with the Key Community
values stated in the Plan (i.e. “Enhance Meridian’s quality of life for all current and
future residents; Prevent school overcrowding and enhance education services; Improve
transportation; and Protect Meridian’s self-identity”); and, 3) Definition of “quality of life
and livability (i.e. satisfaction of residents derived from their surroundings – negative
impact of more dense housing adjacent to less dense housing).”
v. Request for the property to be zoned R-2 and developed less densely than proposed,
instead of R-4 and R-8 which is what the majority of residential land in the City is
zoned.
vi. Opposition to patio homes (higher density) at the entry of the development at the
intersection of Eagle/Taconic and proposed R-8 zoning – would like to keep semi-rural
ambience and identity of neighborhoods – larger lots and greater setbacks. Preference
for the patio homes to be located in the northern sector of the development. Concern
that higher density near the intersection will exacerbate traffic congestion during the
rush and school hours.
vii. Overcrowding in schools in this area already.
viii. The need for additional parking to be provided for the swimming
pool/clubhouse/playground area as the number of spaces provided for the pool in the
existing Sky Mesa development is inadequate.
ix. Request for a “statement” entrance to the development and provision of a tall berm
with lush landscaping along S. Eagle Road for sound mitigation and beautification.
c. Key Issues of Discussion by Commission:
i. Traffic calming on Taconic (i.e. a roundabout at the intersection near the pool).
ii. The issue of the hillside being put in a common lot for HOA maintenance rather than in
adjacent building lots for individual homeowner maintenance.
iii. The timing for the expansion of S. Eagle Road and the roundabout improvements.
iv. The applicant’s request for eligibility for reimbursement of fees in the future for sewer
and water improvements that provide additional service and capacity to other projects.
v. Timing for when the swimming pool will be constructed (i.e. which phase).
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. Neighborhood concerns; if proposed development is appropriate for this area.
ii. The Commission requested Staff discuss the possibility for traffic calming measures on
Taconic with ACHD. Staff did so and ACHD required the applicant to work with
ACHD staff to coordinate a traffic calming plan for E. Taconic Drive prior to ACHD’s
signature on the first final plat.
The Meridian City Council heard these items on August 15 and 22, 2017 . At the public hearing
on August 22nd, the Council approved the subject AZ, RZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay
ii. In opposition: Lisa Broderick, Andrea Tlucek, Kathy Baumgartner, Susan Karnes on
behalf of the Southern Rim Coalition, Sam Karnes, Elise Poulson, Charles Webb,
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 3
Christine Herwy, Marllee Andrew, Yolanda Litenman, Andrea Shelton, Doug Wheeler,
Gary Andrew, Cameron Keller, and Ben Shelton.
iii. Commenting: Justin Lucas, ACHD
iv. Written testimony: Wendy Webb, Susan Karnes on behalf of the Southern Rim
Coalition, Ann Shelton, Allyson Gozart, Barbara Berlat, Cameron Keller, Doug
Wheeler, Greg Wells, Elise Poulson, Pat and Cliff Looney, Paul Gozart, Ryan Poulson,
Susanna Bohlman, Ted Bohlman, and Troy Johnson.
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Excessive speeds of vehicles traveling on Taconic; need for traffic calming;
ii. Would like to see larger lots, greater setbacks between dwellings, more green space and
lower density development on this property and in the South Meridian area;
iii. Concern regarding the safety of children walking to Hillsdale Elementary school to the
east and crossing Eagle Road at the roundabout;
iv. Opposition to the patio homes and R-8 zoning at the entry to the development; and,
v. Concern regarding maintenance of the weeds on the slope – desire for the HOA to
maintain the area rather than individual homeowners; and,
vi. The traffic impact on Eagle Road and adjacent streets due to all of the recent
development in this area.
c. Key Issues of Discussion by Council:
i. Putting the hillside in a common lot vs. an easement on each lot for consistent
maintenance purposes;
ii. Provision of additional parking for the swimming pool and common area;
iii. Timing for construction of the swimming pool;
iv. Traffic flow into and out of the R-8 zoned area proposed for patio homes at the entry to
the development and its effect on traffic turning onto Taconic from Eagle Road;
v. Pathway connectivity throughout the development;
vi. HAWK signal at the Eagle/Taconic intersection for children walking to the Hillsdale
Elementary school to the east;
vii. Allowance for irrigation easements on the site to be located within building lots rather
than a common lot as required by the UDC unless otherwise approved by Council;
viii. Waiver of the block length adjacent to the Tenmile Creek as requested by the
Applicant;
ix. Options for traffic calming on Taconic; the applicant suggested a raised pedestrian
crossing at the S. Calais Way/E. Taconic Dr. intersection (if allowed by ACHD).
d. Key Council Changes to Staff/Commission Recommendation
i. Modify condition #1.1.2e to require the site amenities (i.e. changing rooms, swimming
pool, tot lot and parking area) on Lot 1, Block 13 to be constructed with Phase 3 of
development, rather than Phase 2;
ii. Delete condition #1.1.2g – Council approved the face of Block 5 to exceed the maximum
block face allowed in residential districts due to the location of the Tenmile Creek.
iii. Delete condition #1.1.2n - Council approved the Applicant’s request for the irrigation
district easements to be located within building lots rather than in common lots.
iv. Modify condition #1.1.10 to require the site amenities to be constructed with Phase 3 of
the development, rather than Phase 2.
v. Modify condition #1.2.4 to reflect Council’s approval for irrigation easements wider
than 10 feet to be located within building lots rather than in common lots.
vi. Staff deleted conditions #1.1.2c, #1.1.2e, #1.1.2f, and #1.1.2i. as the revised plat
addressed these items.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 4
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0068, as presented in the staff report for the hearing date of August 15, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0068,
as presented during the hearing on August 15, 2017, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2017-0068 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 5899 S. Eagle Road, in the east ½ of Section 32, Township 3 North, Range 1
East. (Parcel No.: R0988262000; R0988260164; and R0988260490)
B. Owners:
Blackrock, LLC/Triple D Land and Livestock, LLC
P.O. Box 2640
Meridian, ID 83642
C. Applicant:
Sky Mesa Development, LLC
1025 S. Bridgeway Place, Ste. 290
Eagle, ID 83616
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, 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: June 16, 2017 (Commission); July 28, 2017 (City Council)
C. Radius notices mailed to properties within 300 feet on: June 8, 2017 (Commission); July 20, 2017
City Council)
D. Applicant posted notice on site(s) on: June 24, 2017 (Commission); August 4, 2017 (City
Council)
VI. LAND USE
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 5
A. Existing Land Use(s) and Zoning: The subject property consists of three (3) rural
residential/agricultural properties zoned RUT in Ada County (on the south side of Taconic) and
R-2 in the City (on the north side of Taconic).
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential/agricultural property, zoned RUT in Ada County
2. East: Rural residential/agricultural property, zoned RUT in Ada County; and S. Eagle Road
and single-family residential properties in Hill’s Century Farm, zoned R-8
3. South: Rural residential/agricultural property, zoned RUT in Ada County
4. West: Single-family residential properties in Blackrock & Southern Highlands Subdivision,
zoned R-4
C. History of Previous Actions:
In 2006, this property was included in the subdivision plat for Blackrock Subdivision No. 1
under the Ada County “Non-Farm” Ordinance (recorded as Plat Book 96, Page 12003).
In 2006, a request for annexation and zoning of 224.26 acres of land with R-2, R-4 and R-8
zoning; and a preliminary plat consisting of 644 residential lots and 31 common lots for
Blackrock Castle Greens Subdivision by Providence Development was denied by City
Council (AZ-06-059; PP-06-059).
In 2013, the portion of this site that lies north of E. Taconic Drive was annexed and zoned R-
2 (AZ-13-016); and included as one large lot in the preliminary plat for the Southern
Highlands development (PP-13-033). Note: The subject property was not included in the
development agreement for the Southern Highlands development.
D. Utilities:
1. Location of sewer: Sanitary sewer service to this development will be via an extension of the
south leg of the Ten Mile Trunk from its current point of terminus north of Amity Road.
2. Location of water: Water service to this development will be from extensions of existing
adjacent water mains.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Tenmile Creek runs along the northeast corner of this site. The
Beasley Lateral exists to the north of E. Taconic Drive.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: A small portion of this site along the northeast corner lies within the Meridian
Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates approximately 56 acres of
northern and southwestern portions of this property as Low Density Residential (LDR) and
approximately 42 acres of the southern portion of this property as Medium Density Residential
MDR).
The LDR designation allows for the development of single-family homes on large lots where urban
services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or
less per acre.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 6
The MDR designation allows 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 property with 278 single-family residential detached homes at
an overall gross density of 2.83 d.u./acre and net density of 4.21 d.u./acre. The density proposed in
the LDR designated areas is 2.59 d.u./acre while the density proposed in the MDR designated area is
3.12 d.u./acre which is consistent with the corresponding LDR & MDR FLUM designations, although
at the low end of the density desired in MDR designated areas.
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.” (3.07.01E)
The proposed low density development will contribute to the range of housing opportunities
available in the City. A variety of lot sizes are proposed from 5,553 up to 26,707 square feet.
Staff is unaware of how “affordable” homes will be in this development.
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Access is proposed via E. Taconic Drive, a collector street, via S. Eagle Road; direct access
via S. Eagle Road, an arterial street, is not proposed or approved.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available to be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Landscaping is required to be provided in common area lots within the subdivision in accord
with the standards listed in UDC 11-3G-3E and within the street buffer along S. Eagle Road
in accord with the standards listed in UDC 11-3B-7C. Street buffer landscaping already
exists along E. Taconic Drive.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed residential development should be compatible with existing and future adjacent
low-medium density single-family residential uses.
Require common area in all subdivisions.” (3.07.02F)
The UDC (11-3G-2) requires common open space and site amenities to be provided for
developments of 5 acres or more in area. Based on the area of the plat (98.35 acres), a
minimum of 9.8 acres of qualified open space and a minimum of 4 qualified site amenities are
required to be provided for this development.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 7
Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
A segment of the City’s regional pathway system is depicted on the Pathways Master Plan to
the west of S. Eagle Road on this site. This pathway is intended to provide connections to
pathways in adjacent cities.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
There are no pathway stubs to this site from Southern Highlands Subdivision although there
is a stub street (E. Lachlan St.) approved at the northwest corner of the site which will have a
detached sidewalk for pedestrian access and interconnectivity. Due to the steep slope at the
west boundary of the development south of Taconic, there are no existing or proposed
pedestrian connections in that area.
Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not
of concern.” (5.01.01E)
The Tenmile Creek which runs along the northeast corner of this site should remain open
and not be piped. Wrought iron fencing is proposed adjacent to the creek to preserve public
safety.
Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities.”
Transitional densities with larger more comparable lot sizes should be provide along the
west boundary of the development adjacent to lots in Blackrock Subdivision. Staff
recommends that no more than 2 lots in the subject development abut each lot in the abutting
Blackrock Subdivision.
Improve and protect creeks (Fivemile, Eightmile, Ninemile, Tenmile, South Slough, and
Jackson and Evans drainage) throughout commercial, industrial and residential areas.”
The Tenmile Creek, which runs along the northeast corner of this site, should remain open
and be protected with development.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
There is one existing stub street (E. Lachlan Drive) to this property at the northwest corner of
the site from Southern Highlands subdivision that will be extended with this development.
Staff recommends a stub-street is provided to the parcel (#S1132417210) at the southeast
corner of the site owned by H O T 3, LLC.
VIII. UNIFIED 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 R-4 and R-8 zoning districts.
Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached
dwellings are a principally permitted use in the R-4 and R-8 zoning districts.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 8
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 and 11-2A-6 for the R-4 and R-8 zoning districts
respectively.
D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11-
3B-7C, Street Buffer Landscaping; 11-3A-17, parkways; and, 11-3G-3E, common open space
areas.
E. 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. Annexation & Zoning
The applicant has applied for annexation and zoning of 54.01 acres of land from the RUT
zoning district in Ada County to the R-4 (medium low-density residential) (26.57 acres) and
R-8 (medium-density residential) (27.44 acres) zoning districts in the City.
The density of the proposed development is consistent with the corresponding FLUM
designations for this site as discussed above in Section VII.
The legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be annexed and rezoned. The property is contiguous
to land that has been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation
pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed
with this application, staff recommends a DA as a provision of annexation with the
conditions included in Exhibit B.
2. Rezone
The applicant requests a rezone of 38.87 acres of land from the R-2 (low-density residential)
to the R-4 (medium low-density residential) zoning district; 6.26 acres of land from the R-2
low-density residential) to the R-8 (medium-density residential) zoning district; and 0.88 of
an acre of land from the R-4 (medium low-density residential) to the R-8 (medium-density
residential) zoning district. A legal description is included in Exhibit C that shows the
boundaries of the property proposed to be rezoned.
The proposed rezone will facilitate development of this property as proposed. When the
property was annexed into the City with the Southern Highlands development, there was not
a development plan for this area so an R-2 zoning was approved with the assumption the
property would be rezoned in the future when development occurred.
3. Preliminary Plat
The proposed plat consists of 278 single-family residential building lots and 31 common lots
on 98.35 acres of land in the proposed R-4 and R-8 zoning districts (see Exhibit A.2).
Proposed lots range in size from 5,553 to 26,707 square feet (s.f.) with an average lot size of
10,350 s.f. A gross overall density of 2.83 dwelling units per acre (d.u./acre) and a net density
of 4.21 d.u./acre is proposed. The subdivision is proposed to develop in 5 phases.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 9
The project is proposed to have 4 typical lot sizes with lot widths of 85, 75, 65 and 55 feet.
The distribution of lot widths is as follows: 85 feet – 20 lots (7.19%), 75 feet – 117 lots
42.09%), 65 feet – 102 lots (36.69%), and 55 feet – 39 lots (14.03%).
The 85-foot wide lots are proposed as a transition to those in Blackrock subdivision, which
consist of 0.5 to 1 acre lots, and range in size from 12,762 to 26,707 square feet (or 0.29 to
0.61 of an acre) with an average lot size of 16,262 s.f. (0.37 of an acre). These lots will have
depths ranging from 150 to 222 feet to allow a greater separation to the existing homes and
slope transition.
The smaller patio home lots are proposed adjacent to Eagle Road on the north and south sides
of Taconic, which will provide a higher density and buffer at the Taconic (collector)/Eagle
arterial) intersection.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Development of this site is required to comply with the
dimensional standards listed in UDC 11-2A-3 and Tables 11-2A-5 and 11-2A-6 for the R-4
and R-8 zoning districts respectively, and the subdivision design and improvement standards
listed in UDC 11-6C-3. Staff has recommended minor changes to the plat in order to comply
with dimensional standards (see condition #1.1.2 in Exhibit B).
The maximum block face length allowed in residential districts is 750 feet without an
intersecting street or alley. Where a pedestrian connection is provided, the maximum block
face may extend up to 1,000 feet in length. City Council may approve a block face up to
1,200 feet in length where block design is constrained by site conditions such as a large
waterway and/or a large irrigation facility. Block 5 exceeds the maximum block face
requirement but is constrained by the abutting Tenmile Creek to the northeast. Because
a pathway isn’t planned along the south side of the creek, it’s not feasible to include a
pathway within the block in order to qualify for a longer block length. Therefore,
Council approval of the proposed block length is required.
Streets that end in a cul-de-sac or a dead end are not allowed to be longer than 450 feet per
UDC 11-6C-3B.4. The cul-de-sac where E. Mores Trail Ct. dead ends is 500’+/- in
length; the plat should be revised to comply with this standard.
Transition: As discussed above in Section VII, transitional densities with lot sizes
comparable to existing rural properties are desired to buffer the interface between urban level
densities and rural residential densities. Although the density of the proposed development
falls within the density ranges desired in LDR & MDR designated areas, larger lots should be
provided in two areas along the west boundary adjacent to lots in Blackrock Subdivision to
provide more of a transition in lot sizes. Staff recommends one lot in the area of Lots 6-8,
Block 12 and one lot in the area of Lots 2-4, Block 12 is removed so that no more than 2
lots in the subject development abut each lot in Blackrock Subdivision.
Traffic: A Traffic Impact Study (TIS) was prepared for this development by Six Mile
Engineering. The TIS determined that capacity exists in the transportation network to
accommodate the development.
The ACHD report states additional right-of-way is required to be dedicated at the
Eagle/Taconic intersection to accommodate a single-lane roundabout, which is required to be
constructed prior to ACHD’s signature on the first final plat.
Streets: All streets within this development are proposed to be public. Three (3) different
street sections are proposed within the development. The street section with 42 feet of
right-of-way (ROW) will only accommodate parking on one side of the street; the other
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 10
side should be signed “ “No Parking”. This street section is proposed within the patio home
area nearest Eagle Road, zoned R-8.
Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Seven (7)
access points for the development are proposed via E. Taconic Street, an existing
collector street accessed via S. Eagle Road; because the UDC restricts access via
collector streets, Council approval of the proposed accesses are required. Direct lot
access via S. Eagle Road is prohibited. All of the proposed internal streets are public. The two
easterly accesses proposed via Taconic closest to the Eagle intersection will be restricted to
right-in/right-out due to the existing island in Taconic.
A stub street (E. Lachlan St.) was platted at the northwest corner of this site with Southern
Highlands Subdivision No. 4, which will be extended with this development as E. Shady
Glen Drive; no other stubs are provided to this development.
One stub street is proposed to the north and two stub streets are proposed to the south for
future extension and interconnectivity with this development. A preliminary plat (Eastridge
Subdivision) is currently in the hearing process for the parcel to the south
S1132438500); the westernmost stub to the south on this plat does not align with that
proposed to the south. Staff has been advised the applicant is making changes to their
plat but has yet to see the changes. Because this plat was submitted after the Eastridge
plat, the stub street in this development should align with that approved to the south. If
the revised layout of the plat to the south does not align with that proposed in this
development by the time this project goes before Council, this plat should be revised
accordingly so the streets align.
There are 2 properties that abut this site that front on Eagle Road that don’t have
access via a local street – the 1.15 acre Fulcher property (#S1132142001) north of
Taconic; and the 10.5 acre H O T 3, LLC property (#S1132417210) south of Taconic.
Per UDC 11-3A-3A.3, “All subdivisions must provide local street access to any use that
currently takes direct access from an arterial or collector street.” Therefore, Staff
recommends a minimum 20-foot wide access easement is provided over Lot 59, Block 5
to the Fulcher parcel; and a stub street is provided to the H O T 3, LLC parcel. If the
future land use map designation of the H O T 3, LLC property changes from medium
density residential to a non-residential designation prior to this portion of the property
being final platted, the access may not be required as determined by the Planning
Director and ACHD. However, if a stub street isn’t provided, the block face exceeds the
maximum length standard of 750 feet and will need to be remedied per UDC 11-6C-3F.
Common Driveways: Common driveways are required to comply with the standards listed
in UDC 11-6C-3D. A common driveway is proposed on Lot 59, Block 5. Staff recommends
a note is included on the plat that designates which lots are to take access via the
common driveway.
A shared driveway is proposed for access to Lots 36 and 37, Block 8. Because there are no
longer provisions in the UDC for shared driveways that consist of an easement over
building lots, staff recommends a common lot is provided for a common driveway for
access to these lots.
For any plats using a common driveway, an exhibit should be submitted with the final
plat application that depicts the setbacks, fencing, building envelope, and orientation of
the lots and structures. The driveway(s) for adjacent lots that meet the minimum street
frontage requirement but aren’t taking access via the common driveway should be
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 11
located on the opposite side of the shared property line away from the common
driveway.
Depict a concrete pad at the end of the common drives no more than 5 feet behind the
sidewalk that is of sufficient area to accommodate the receptacles of the residences that
take access from the common driveway per requirement of Republic Services.
Parking: Off-street parking is required to be provided on each residential lot in accord with
the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street
parking spaces are required with at least 2 of those in an enclosed garage; other spaces may
be enclosed or a minimum 10’ x 20’ parking pad.
Parking is required to be provided for the clubhouse as set forth in UDC 11-3C-6B for non-
residential uses (a minimum of 1 space per 500 square feet of gross floor area). The site plan
depicts a total of 4 spaces with one of those being a handicap stall; the size of the
structure is not depicted. Parking is not reviewed or approved with the subdivision plat;
however, when a Certificate of Zoning Compliance application is submitted for the
clubhouse and swimming pool, additional parking will likely be required due to the size
of the facility, development and location adjacent to a collector street.
Landscaping: Landscaping is required to be provided in the proposed development as set
forth in UDC 11-3B. A landscape plan was submitted with this application for the area
proposed to be platted as shown in Exhibit A.3.
A 25-foot wide street buffer is required along S. Eagle Road, an arterial street; and a 20-foot
wide street buffer is required along E. Taconic Street, a collector street, measured from back
of curb in accord with the standards listed in UDC 11-3B-7C. The existing buffers and
buffers depicted on the landscape plan comply with this standard.
Landscaping is required within common areas in accord with the standards listed in UDC 11-
3G-3E as proposed.
Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-
17C as proposed.
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 the site up to an
amount of 100% replacement.
The applicant should coordinate with Elroy Huff, the City Arborist, to confirm
mitigation requirements prior to removal of any trees from the site. Mitigation
calculations should be depicted on the landscape plan.
Open Space/Site Amenities: Properties over 5 acres in size are required to comply with
minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based
on the area of the preliminary plat (98.35 acres), a minimum of 10% (or 9.84 acres) qualified
open space and 4 qualified site amenities are required to be provided with the development.
The applicant proposes a total of 13.27% (or 13.05 acres) of qualified open space consisting
of half the street buffer along S. Eagle Road (an arterial street), the street buffers along E.
Taconic St. (collector street), 8-foot wide parkways along internal local streets, and internal
common areas in accord with UDC standards.
Qualified site amenities consist of pedestrian pathways throughout the development
providing connectivity to open space and site amenities; a segment of the City’s 10-foot wide
multi-use pathway system along the south side of Taconic; a swimming pool with a
clubhouse and tot lot; a picnic shelter; and another tot lot with play equipment in accord with
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 12
UDC standards. The majority of the site amenities are located on Lot 1, Block 13 within
Phase 4 of the development; Staff recommends these amenities are constructed with
Phase 2 at the latest.
Because there is a significant slope along the southwest side of this development that
makes maintenance of the slope difficult, staff recommends it is included in a common
area lot and owned and maintained by the Homeowner’s Association. This will ensure
that it’s maintained uniformly and consistently. Note: The building lots in Southern
Highlands that abut the slope on the north side of Taconic contain a 50-foot wide slope
easement; individual homeowners are responsible for the maintenance that area. Complaints
have been made to Code Enforcement that the slope area is not be consistently maintained
and it has become an enforcement issue for weeds.
Pathways: Per the Pathways Master Plan, a segment of the City’s multi-use pathway system
is planned along the north side of the Tenmile Creek (off-site) and to the west of S. Eagle
Road. A 10-foot wide pathway already exists along the south side of E. Taconic Drive and
off-site across Eagle Road to the east along the north side of Taconic; this pathway will
provide access to the City Park planned within the Hill’s Century Farm development.
Staff recommends a 10-foot wide pathway/sidewalk is constructed along the west side of
S. Eagle Road from Taconic to the north property boundary to provide a connection to
the future pathway planned along the north side of the creek; a segment of the pathway
also exists on the east side of Eagle Road on the north side of Taconic in Hill’s Century Farm.
The ACHD report states that West Ada School District is installing a HAWK pedestrian
crossing at the Taconic/Eagle intersection this summer which will create a more safe
pedestrian connection the Hillsdale Elementary School, YMCA and City Park to the east.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
detached sidewalk is required along the north side of E. Taconic Drive, a collector street; and
along S. Eagle Road, an arterial street, as proposed. A 10-foot wide sidewalk already exists
along the south side of Taconic. Five-foot wide detached sidewalks with parkways are
proposed along internal local streets within the development.
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 11-3A-21.
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 in accord with UDC 11-3A-15 as proposed.
Lot 1, Block 8 contains an existing pressure irrigation pump station for Blackrock
Subdivision. This facility either needs to be platted on a separate lot or relocated
elsewhere on the site with the Blackrock Homeowner’s Association’s permission; it
shouldn’t be located on a building lot in this development.
A 15-foot wide Blackrock Neighborhood Association irrigation easement exists along
the south boundary of the site. A 25-foot wide Boise-Kuna Irrigation District easement
exists along the north boundary of Lots 5-10, Block 5. The UDC (11-3A-6D) requires
irrigation easements wider than 10 feet to be included in a common lot that is a
minimum of 20 feet wide and outside of a fenced area unless modified by City Council.
Storm Drainage: A storm drainage system is required for the development in accord with
the City’s adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City in accord with UDC 11-3A-18.
EXHIBIT A
Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 13
Waterways: The Tenmile Creek runs along the northeast boundary of this site. As a natural
waterway, it shall remain open as a natural amenity and shall not be piped or otherwise
covered and be protected during construction.
The Beasley Lateral (and associated easement) runs through the site to the north of E.
Taconic Drive and is proposed to be relocated in an easement within common lots and piped
with development in accord with UDC 11-3A-6B.
Floodplain: A small portion of this site along the Tenmile Creek at the northeast corner lies
within the Floodplain Overlay District. Prior to any development occurring in the
Floodplain Overlay District, a floodplain permit application, including hydraulic and
hydrologic analysis is required to be completed and submitted to the City and approved
by the Floodplain Administrator, per MCC 10-6.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and
11-3A-7.
Four-foot tall wrought iron fencing is proposed adjacent to common areas and pathways. Six-
foot tall vinyl private fencing is proposed adjacent to the Fulcher property and other areas as
depicted on the landscape plan.
Building Elevations: The applicant has submitted 6 photos of homes that will be similar to
those constructed in this subdivision (see Exhibit A.4) that share the same character and
quality of design as those in Southern Highlands Subdivision to the west of this project.
These photos all depict at least 2 different building materials and stone/brick veneer accents.
The applicant states a variety of housing types and sizes will be offered and that all homes
will be approved through an internal design review process by an architectural control
committee.
If 2-story homes are constructed on Lots 60-65, Block 5 and Lots 36-38, Block 8, they will be
highly visible from S. Eagle Road, an arterial street. Therefore, the rear elevations of 2-story
homes shall incorporate articulation through changes in two or more of the following:
material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies
or other architectural elements to break up monotonous wall planes and roof lines. This does
not apply to single-story homes.
In summary, Staff recommends approval of the proposed annexation and preliminary plat
request for this site with the requirement of a development agreement and conditions listed in
Exhibit B of this report in accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Preliminary Plat & Phasing Plan (dated: 4/24/17 8/17/2017)
3. Proposed Landscape Plan (dated: 4/14/17)
4. Conceptual Building Elevation Photos
B. Agency & Department Comments/Conditions
C. Legal Description for Annexation and Rezone Boundaries & Exhibit Map
D. Required Findings from Unified Development Code
EXHIBIT A
2 -
A. Drawings
1. Vicinity/Zoning Map
Fulcher
H O T 3, LLC
Proposed Eastridge
Estates Subdivision
Blackrock
Southern Highlands
Whitebark
EXHIBIT A
3 -
2. Proposed Preliminary Plat & Phasing Plan (dated: 4/24/17 8/17/2017)
EXHIBIT A
4 -
EXHIBIT A
5 -
3. Proposed Landscape Plan (dated: 4/14/17)
EXHIBIT A
6 -
4. Conceptual Building Elevation Photos
EXHIBIT A
7 -
EXHIBIT A
8 -
EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation and rezone of this property.
Prior to the annexation and rezone ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of annexation and rezone ordinance adoption, and the
developer. A final plat application shall not be submitted until the DA is signed and approved by
City Council.
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 Planning
Division within six (6) months of the City Council granting annexation and rezone. The agreement shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan
and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report.
b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service
extension.
c. The Tenmile Creek, which runs along the northeast corner of this site, shall remain open and not be
piped and shall be protected during construction.
d. If 2-story homes are constructed on Lots 60-65, Block 5 and Lots 36-38, Block 8, they will be highly
visible from S. Eagle Road, an arterial street. Therefore, the rear elevations of 2-story homes shall
incorporate articulation through changes in two or more of the following: material type, projections,
recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to
break up monotonous wall planes and roof lines. This does not apply to single-story homes.
e. The site amenities (i.e. clubhouse, swimming pool, tot lot, parking) proposed to be constructed on Lot
1, Block 13 shall be constructed with Phase 2 3 of development, at the latest.
1.1.2 The preliminary plat included in Exhibit A.2, dated 4/24/17, is approved subject to the following changes:
a. Provide a minimum 20-foot wide access easement over Lot 59, Block 5 to the Fulcher parcel
S1132142001) in accord with UDC 11-3A-3A.3 either graphically on the face of the plat or via a
separate recorded easement.
b. Provide a stub street to the H O T 3, LLC parcel (#S1132417210) south of E. Taconic Drive in accord
with UDC 11-3A-3A.3; an 8-inch sewer stub and cleanout is also required to be provided to that
parcel. If the future land use map designation for the H O T 3, LLC property changes to a non-
residential use prior to this portion of the property being final platted, the access may not be required
as determined by the Director and ACHD. If a stub street isn’t required, an 8 inch sewer stub and
cleanout is still required to be provided to that parcel.
c. Depict a common lot for a common driveway for access to Lots 36 and 37, Block 8 instead of a cross-
access easement.
d. Include a note stating which lots are proposed to take access via the common driveways.
e. Widen the street frontage of Lot 20, Block 4; Lot 36, Block 5; and Lots 8-9, Block 13 to a minimum
of 60 feet.
f. Depict the street frontage for Lot 23, Block 5.
EXHIBIT A
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g. Reconfigure Block 5 to comply with the maximum block length standards in residential districts
unless otherwise approved by City Council in accord with UDC 11-6C-3F.3. Council approved the
request to exceed the maximum block length allowed because of the location of the Tenmile Creek.
h. Include the slope area adjacent to Blackrock Subdivision in a common lot, rather than in an easement
within building lots, to be owned and maintained by the Homeowner’s Association.
i. Reconfigure the lots in Block 12 that are adjacent to lots in Blackrock Subdivision so that no more
than 2 lots in the subject development abut each lot in Blackrock Subdivision (i.e. remove one lot in
the area of Lots 6-8, Block 12 and one lot in the area of Lots 2-4, Block 12).
j. Revise the length of E. Mores Trail Ct. so that the street that ends in a cul-de-sac that isn’t longer than
450 feet in accord with UDC 11-6C-3B.4.
k. If the proposed alignment of the E. Mores Trail Ct. stub street to the property to the south does not
align with the approved location of the stub street to the north from the Eastridge development, the
stub street on the subject property shall be revised to align.
l. Lot 1, Block 8 contains an existing pressure irrigation pump station for Blackrock Subdivision. This
facility either needs to be platted on a separate lot or relocated elsewhere on the site with the
Blackrock Homeowner’s Association’s permission; it shouldn’t be located on a building lot in this
development.
m. The face of Block 8 that lies on the east side of S. Benwaters Way exceeds the maximum length
standard of 750 feet and shall be remedied per UDC 11-6C-3F.
n. Depict the 15-foot wide Blackrock Neighborhood Association irrigation easement along the south
boundary of the site and the 25-foot wide Boise-Kuna Irrigation District easement along the north
boundary of Lots 5-10, Block 5 within a common lot; or, obtain approval from City Council to allow
them to be located within an easement in adjacent building lots as set forth in UDC 11-3A-6D. The
UDC requires irrigation easements wider than 10 feet to be included in a common lot that is a
minimum of 20 feet wide and outside of a fenced area unless modified by City Council. Council
approved the aforementioned irrigation easements to be located within building lots rather than in
common lots as requested by the Applicant.
1.1.3 The landscape plan included in Exhibit A.3, dated 4/14/17, shall be revised as follows:
a. Reflect the changes required to the preliminary plat above in condition #1.1.2.
b. Depict a 10-foot wide sidewalk/multi-use pathway within the street buffer along S. Eagle Road north
of E. Taconic Drive. This will provide a connection between the existing pathway on the south side of
Taconic to the multi-use pathway planned on the north side of the Tenmile Creek.
c. Depict a concrete pad at the end of the common drives no more than 5 feet behind the sidewalk that is
of sufficient area to accommodate the receptacles of the residences that take access from the common
driveway per requirement of Republic Services.
d. Depict mitigation calculations on the landscape plan for existing trees 4-inch caliper and greater that
are removed from the site. The applicant should coordinate with Elroy Huff, the City Arborist, to
confirm mitigation requirements prior to removal of any trees from the site.
1.1.4 Prior to any development occurring in the Floodplain Overlay District, a floodplain permit application,
including hydraulic and hydrologic analysis is required to be completed and submitted to the City and
approved by the Floodplain Administrator, per MCC 10-6.
1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent
with the standards as set forth in UDC 11-3A-7.
EXHIBIT A
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1.1.6 A perpetual ingress-egress easement for the common driveway(s) proposed within this development 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.
1.1.7 A public pedestrian easement is required for the multi-use pathway on this site unless the pathway will be
in the right-of-way in which case it should be covered under a pedestrian easement with ACHD.
1.1.8 For any plats using a common driveway, submit an exhibit with the final plat application that depicts the
setbacks, fencing, building envelope, and orientation of the lots and structures.
1.1.9 “No Parking” signs shall be installed along the 42-foot wide street sections within the loops nearest S.
Eagle Road where the patio homes are proposed.
1.1.10 A Certificate of Zoning Compliance and Design Review application is required to be submitted for
approval prior to application for building permits for the clubhouse and swimming pool. These amenities
shall be constructed with Phase 2 3 of development, at the latest.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 and R-8 zoning districts listed in UDC
Tables 11-2A-5 and 11-2A-6, respectively.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6; except, Council approved irrigation easements wider than 10 feet to be located within
building lots rather than in a common lot as required by UDC 11-3A-6D.
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC
11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-
family dwellings.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-
3B-7C.
1.2.12 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.
1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for
the loss of such trees as set forth in UDC 11-3B-10.
1.2.14 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 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-
3B-5, UDC 11-3B-13 and UDC 11-3B-14.
EXHIBIT A
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1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in
UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and
constructed features within the clear vision triangle consistent with the standards in UDC 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 11-5C-3B. 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 11-6B-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 11-6B-7B (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 11-6B-7.
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 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to extend the proposed 15-inch sewer trunk through the development to E.
Taconic Drive in the first phase. The proposed 8 inch sewer connection and manhole shown in Lot 37
Block 5 and Lot 53 Block 5 will need to be revised to be a straight segment with no manholes located
outside of the public right of way. A stub street with an 8 inch sewer stub and cleanout will need to be
provided to the unplatted parcel in the SE corner per condition 1.1.2(b) above.
2.1.2 Applicant shall be required to make a water main connection across E. Taconic to the existing mainline in
E. Lodge Trail Drive (do not connect to zone 5 water in E. Taconic). Provide an easement for possible
future water mainline connection from E Mores Trail Drive to E. Taconic. Connect the water mainline
from Renwick Ct to Calais Way. A stub street with an 8 inch water mainline will need to be provided to
the unplatted parcel in the SE corner per condition 1.1.2(b) above. Isolation valves will need to be
installed at the intersection of the water mainlines in S. Calais and E. Mores Trail.
EXHIBIT A
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2.2 GENERAL CONDITIONS OF APPROVAL
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and
execute standard forms of easements for any mains that are required to provide service outside of a public
right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian Public
Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and
through this development. Applicant may be eligible for a reimbursement agreement for infrastructure
enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the
primary source. If a surface or well source is not available, 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 common areas prior to prior to receiving development plan
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 that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2.2.6 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 tiled per UDC 11-3A-6. In
performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law
or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City
Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-
5500 for inspections of disconnection of services. Wells 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.
EXHIBIT A
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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.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.2.13 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 11-12-3H.
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 ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with the
approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
2.2.20 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.
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_works.aspx?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. POLICE DEPARTMENT
3.1 The Police Department did not submit comments on this application.
EXHIBIT A
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4. FIRE DEPARTMENT
4.1 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear
driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International
Fire Code Section 503.2.
4.2 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving
surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have
parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of
shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an
imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common drive(s)
no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the
residences that take access from the common driveway. Please contact Bob Olson at Republic Services
345-1265) for additional information.
6. PARKS DEPARTMENT
6.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in
accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489-
0589 to confirm mitigation requirements for the site prior to removal of any trees.
6.2 A segment of the City’s multi-use pathway system is required to be constructed along the west side of S.
Eagle Road as depicted on the Pathways Master Plan; coordinate the construction of the pathway with the
Park’s Department.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Prior to ACHD’s signature on the final plat that contains the 201st building lot, construct an eastbound
dedicated right turn lane and a westbound center left turn lane on Amity Road at the Marsala Way/Amity
Road intersection.
7.1.2 With the first final plat, dedicate 48-feet of right-of-way from the centerline line of Eagle Road abutting
the site and dedicate additional right-of-way on the west side of Eagle Road to accommodate the
construction of the multi-lane roundabout at the Eagle Road/Taconic Drive intersection consistent with
attachment 3.
7.1.3 Enter into a development agreement with ACHD which notes that when necessary to accommodate the
construction of the multi-lane roundabout, all of necessary right-of-way will be dedicated, all irrigation
facilities will be located outside of the right-of-way, and provide a financial contribution of $120,000.00,
the estimated cost of the east leg of the intersection. The agreement shall be executed prior to ACHD’s
signature on the first final plat and will specify the timing of the financial contribution.
7.1.4 If the applicant does not enter into an agreement with ACHD as outlined above, then dedicate all of the
right-of-way on the west side of Eagle Road necessary to accommodate the construction of a multi-lane
roundabout consistent with the template shown as attachment 3, relocate all of the irrigation facilities
outside of the influence area of the intersection, and provide the road trust deposit in the amount of
120,000.00, the estimated cost of the east leg of the intersection, prior to ACHD’s signature on the first
final plat.
EXHIBIT A
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7.1.5 Submit an update to the traffic impact study for review and approval prior to plans acceptance and
signature of the final plat that contains the 167th building lot if the roundabout at Eagle Road/Taconic
Drive has not been constructed.
7.1.6 If the applicant doesn’t enter into the development agreement, and if a roundabout is warranted based on
the updated traffic impact study, construct a single lane roundabout at the Eagle Road/Taconic Drive
intersection prior to ACHD’s signature on the final plat that contains the 167th lot. The roundabout shall
be designed meeting all of the requirements of ACHD’s Roundabout Design Manual (District policy
5188).
7.1.7 Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the site, as proposed. The
sidewalk shall be located a minimum of 41-feet from the centerline of Eagle Road abutting the site.
Provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated
right-of-way.
7.1.8 A 5-foot wide asphalt path may be constructed within the influence area of the roundabout on Eagle
Road.
7.1.9 Widen the pavement on Eagle Road to a minimum width of 17-feet from centerline plus a 3-foot wide
gravel shoulder adjacent to the entire site.
7.1.10 Widen Taconic Drive from Eagle Road to 450-feet west of Calais Way, to a 36-foot wide collector with
vertical curb, gutter, an 8-foot wide planter strip and a 5-foot wide detached concrete sidewalk on the
north side of the roadway, maintaining the existing 10-foot wide detached sidewalk on the south side of
Taconic Drive.
7.1.11 Dedicate additional right-of-way on Taconic Drive at the Eagle Road/Taconic Drive intersection to
accommodate the construction of the multi-lane roundabout, consistent with attachment 3 prior to
ACHD’s signature on the first final plat.
7.1.12 Dedicate the 2 existing center landscape islands on the entry portion of Taconic Drive as right-of-way
owned by ACHD prior to ACHD’s signature on the first final plat.
7.1.13 As Taconic Drive extends further west/south widen Taconic Drive to a complete 36-foot wide collector
roadway with vertical curb and gutter on the south side of the roadway, maintaining the existing 10-foot
wide detached sidewalk on the south side of Taconic Drive.
7.1.14 Prior to ACHD’s signature on the first final plat, coordinate a traffic calming plan for Taconic Drive with
ACHD staff.
7.1.15 Construct Montague Way north of Rockhampton Street as a 29-foot street section with rolled curb, gutter,
and a 5-foot wide attached concrete sidewalk within 50-feet of right-of-way, as proposed. Install “NO
PARKING” signs on one side of Montague Way.
7.1.16 Construct Lawton, Menard, Radiant, and Raphine Streets as 29-foot street sections with rolled curb,
gutter, and 5-foot wide attached concrete sidewalks within 42-feet of right-of-way, as proposed. Install
NO PARKING” signs on one side of Lawton, Menard, Radiant, and Raphine Streets.
7.1.17 Construct all of the other internal local streets as 33-foot wide street sections with rolled curb, gutter, an
8-foot wide planter strip, and 5-foot wide detached concrete sidewalk within 60-feet of right-of-way.
7.1.18 Provide written Fire Department approval for use of the reduced street sections.
7.1.19 Construct cul-de-sac turnarounds with a minimum radius of 45-feet at the terminus of the following
roadways:
EXHIBIT A
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Montague
Genoard
Renwick
Rosalia
Stromboli
7.1.20 Construct 7 roadways to intersect Taconic Drive as follows:
Radiant Avenue, north and south of Taconic Drive, located approximately 210-feet west of Eagle Road.
Radiant Avenue shall be restricted to right-in/right-out when the Eagle Road/Taconic Drive roundabout
is constructed.
Raphine Way, north and south of Taconic Drive, located approximately 480-feet west of Eagle Road.
Calais Way, north and south of Taconic Drive, located approximately 1,300-feet west of Eagle Road.
Lodge Trail Drive, south side of Taconic Drive, located approximately, 2,600-feet west of Eagle Road.
7.1.21 Construct one stub street to the north, Montague Way, located 200-feet east of the west property line.
Install a sign at the terminus of the stub street which states, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE.” Construct a temporary turnaround at the terminus of Montague Way encompassing a
building lot, as proposed. Provide an easement for the temporary turnaround. The easement shall the
entire lot shall be encumber the entire lot and be identified on the plat as a non-buildable lot until the
street is extended.
7.1.22 Construct one stub street to the south, Bentwaters Way, 130-feet west of the east property line, as
proposed. Install a sign at the terminus of the stub street which states, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE.”
7.1.23 Construct one stub street to the south, Mores Trail Court, located 1,010-feet west of the east property line,
as proposed. Install a sign at the terminus of the stub street which states, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE.”
7.1.24 Direct lot access is prohibited to Eagle Road and Taconic Drive and shall be noted on the final plat.
7.1.25 Payment of impacts fees are due prior to issuance of a building permit.
7.1.26 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-way (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 Development Review staff for review.
EXHIBIT A
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7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file number)
for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping
proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by
the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant
at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be
required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground
within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event
any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the
District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD 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 plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed
by the applicant or the applicant’s authorized representative and an authorized representative of ACHD.
The burden shall be upon the applicant to obtain written confirmation of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and
may require 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
ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the
requirements or other legal relief is granted by the ACHD Commission.
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C. Legal Description for Annexation & Rezone Boundaries & Exhibit Map
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D. Required Findings from Unified Development Code
1. Annexation and 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 an annexation, the Council shall
make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The Applicant proposes to annex and rezone the subject property with the R-4 and R-8 zoning
districts and develop single-family detached homes on the site at an overall gross density of 2.83
dwelling units per acre; the City Council finds the proposal is consistent with the associated LDR and
MDR designations for this site. (See section VII 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-4 and R-8 zoning districts is
consistent with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed map amendment will not be detrimental to the public health,
safety, or welfare. City utilities will be extended at the expense of the developer.
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 11-5B-3.E).
The City Council finds annexing the portion of this property that lies south of E. Taconic Drive with
the R-4 and R-8 zoning district as requested is in the best interest of the City. The portion of the site
on the north side of Taconic was previously annexed and is proposed to be rezoned with this
application so this finding doesn’t apply to that portion of the site.
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 conformance with the Comprehensive plan if the
site is developed in accord with the conditions of approval in Exhibit B. (Please see Comprehensive
Plan Policies and Goals, Section VII, of the Staff Report for more information.)
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 are available and are adequate to serve the proposed
development. (See Exhibit B of the Staff Report for more details from public service providers.)
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c. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at their
own cost, the City Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed development;
Based on comments from public service providers in Exhibit B, the City Council finds there is public
financial capability of supporting services for the proposed development. (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 is not aware of any health, safety, or environmental problems associated with the
platting of this property that would be detrimental to the public health, 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.