HomeMy WebLinkAboutZ - DA ADA COUNTY RECORDER Trent Tripple 2024-034385
BOISE IDAHO Pgs=58 BONNIE OBERBILLIG 06/26/2024 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES 1. City of Meridian
2. C4 Land,LLC, Owner
3. Conger Group, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
25th day of J u l y 2024, by and between City of Meridian,a municipal corporation of
the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642; and C4 Land, LLC, whose address is 1979 N. Locust Grove Rd., Meridian, Idaho
83642,-hereinafter called OWNER; and Conger Group, whose address is 4824 W. Fairview Ave.,
Boise,Idaho 83706, hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner, 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§ 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner 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 I 1-513-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 35.086 acres of land with a request far the R-15 (Medium-High
_Density Residential) zoning district on the property as shown 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, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the 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 requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
DEVELOPMENT AGREEMENT---AVANI NEIGHBORHOOD SUBDIVISION (1-1-2123-0049) PAGE 1 OF 9
L7 WHEREAS, on the 2°d day of April, 2024, 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
L8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development , Agreement before the City Council takes final action on final
plat; and
L9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1 . 10 WHEREAS, City requires the Owner/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 is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19 , 2019, Resolution No . 19-2179, 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 .
3 .2 OWNER: means and refers to C4 Land, LLC, whose address is 1979 N .
Locust Grove Rd . , Meridian, Idaho 83642, hereinafter called OWNER, the
party that owns said Property and shall include any subsequent owner(s) of the
Property.
3 . 3 DEVELOPER: means and refers to Conger Group, whose address is 4824
W. Fairview Ave. , Boise, Idaho 83706, hereinafter called DEVELOPER, the
party that is developing said Property and shall include any subsequent
developer(s) of the Property .
3A PROPERTY: means and refers to that certain parcels) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
DEVELOPMENT AGREEMENT - AVANT NEIGHBORHOOD SUBDIVISION (H-2023 -0049) PAGE 2 OF 9
to bound by this Development Agreement and 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be consistent with the preliminary plat,
phasing plan, landscape plan, qualified open space, and qualified site amenities
(i.e., a 5000+ s.f. children's playground with a play structure, swings, climbing
rocks, a climbing dome, seating benches, within a safe fenced area,two pickleball
courts, a pool with changing facility and restrooms, and a fenced dog park), and
conceptual building elevations included in Section VIII of the Staff Report
attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit
"B" and the provisions contained herein.
b. The Applicant may deed the Vanguard Way right-of-way to ACHD prior to the
submittal of the first phase of a final plat.
c. A Design Review application shall be submitted and approved for the proposed
single-family attached homes prior to submittal of a building permit application.
The Applicant shall comply with the design standards listed in the Architectural
Standards Manual and the Development Agreement. The single-family attached
and detached structures are not required to incorporate porches along 30% of the
front facades,with the exception of the ten(10) alley-loaded homes. Additionally,
front-loaded 2-car garages are not required to be 20 feet behind the primary fagade
or designed with two (2) separate garage doors.
d. The rear and/or side of structures on lots that face S. Black Cat Road(i.e., Lots 17-
43, Block 1) and the new collector road(Vanguard Way) (i.e., Lots 1-15, Block 1
and Lots 2-14, Block 2) shall incorporate articulation through changes in two or
more of the following: modulation (e.g., projections, recesses, step-backs, pop-
outs), bays banding, porches, balconies, material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public street. Single-story structures are exempt from this
requirement. Requires Planning approval prior to issuance of building permits.
6. APPROVAL PERIOD If this Agreement has not been fully executed within six (6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
DEVELOPMENT AGREEMENT-AVANI NEIGHBORHOOD SUBDIVISION(H-2023-0049) PAGE 3 OF 9
7 . DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION :
7 . 1 Acts of Default. In the event Owner/Developer, or Owner/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7 .2 Notice and Cure Period . In the event of Owner/Developer' s default of this
agreement, Owner/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 Owner/Developer that is not cured after notice
from City as described in Section 7 .2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City' s decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred .
7 .4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho .
7 .5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/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 . 6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
DEVELOPMENT AGREEMENT - AVANT NEIGHBORHOOD SUBDIVISION (H-2023 -0049) PAGE 4 OF 9 p
8 . INSPECTION : Owner/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 Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning 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.
ll . 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 Owner/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 Owner/Developer to the City in accordance with
Paragraph 11 above.
13 . ABIDE BY ALL CITY ORDINANCES : That Owner/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 : with copy to :
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER: DEVELOPER:
C4 Land , LLC Conger Group
p 1979 N . Locust Grove Rd . 4824 W. Fairview Ave.
Meridian, ID 83642 Boise, ID 893706
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.
i
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
f DEVELOPMEm' AGRE'EMENT - AVANINEIGHBORHOOD SUBDIVISION (II-2023-0049) PAGE OF
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 perform 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/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 , REMOVED PROPERTY : The City is hereby authorized , in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Properly concurrently enter into a modified development
agreement governing the development and use of the Removed Property . The remaining portion of
the Property, which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21 , 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.
22 . FINAL AGREEMENT : This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relativeto the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/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 - AVANT NEIGHBORHOOD SUBDIVISION (H-2023-0049) PAGE 6 OF 9
22 . 1 No condition governing the uses and/or conditions governing rezoning 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.
23 . 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; acknowledgements, signatures and Exhibits A and B follow]
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DBVELOPMENT AGREEMENT - AVANT NEIGHBORHOOD SUBDIVISION (H-2023 -0049) PAGE 7 OF 9 f
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
C4 Land, LLC
By:
STATE OF IDAHO )
ss:
County of Ada )
Onthis -M ay of 2024, before me, the undersigned, a Notary Pub is in and for said State,
personally appeared , known or identified to me to be the / }!t of C4
Land, LLC and the pe on who signed bove and acknowledged tome that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand an foxed my official se I the day and year in this
certificate first above written.
(SEAL) �dQ��, 'LAYiono, • Notary Public
r�O�gRy My Commission Expires: 3
DEVELOPER: y. J •....•, `
9 O
Conger Group 1•,hghuOF„��p.`�
I I
By :
STATE OF IDAHO )
ss:
County of Ada )
On thisLoday of 2024, before me, the undersigned, a Not Public in and for said State,
personally appeared known or identified to me to be the of
Conger Group and the erson who sig ed above and acknowledged to me that he executed the same. 't%LX1JLL*&
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
official seal the day and year in this
certificate first a�ojrAy tiVP•Q�L44 �•
��rP �E 60,00
•• F� ',
4� .�)RY�. Notary Public
t � • � My Commission Expires: 9 - 5ngoa
01 So4'UBL1C�m?
tPe•;l' NO*
202 •' O
DEVELOPMENh• 1 EQFN'�-ia��'ANI NEIGHBORHOOD SUBDIVISION (H-2023-0049) PAGE 8 OF 9 ,1n/`
CITY OF MERIDIAN ATTEST:
....m.a-- � ,/ � CNi i R117IAN4�.
B c _ _
� SEAL'(J�
Mayor Rnber E4Srn isnn 6-25-2024 Chris Johns n, City 6-25-2024
STATE OF IDAHO )
: ss
County of Ada )
On this 25th day of June 2024, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known 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) Notary Public for Idaho
My Commission Expires: 28-2028
CHARLENE WAY -"�
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
DEVELOPMENT AGREEMENT-AVANT NEIGHBORHOOD SUBDIVISION(II-2023-0049) PAGE 9 OF 9
EXHIBIT A
5awtooth Land Surveying, LLC
7- P: (208) 398-81 04 F: (208) 398-81 05
2030 5. Wa5hington Ave., Emmett, ID 83G 17
Avani Annexation Description
BASIS OF BEARING for this description is N. 0043'00" E., between a brass cap marking the 1/4
corner common to Sections 15 and 16 and an aluminum cap marking the northwest corner of Section
15, T. 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land located in the SW1/4 of the NW1/4 of Section 15, T. 3 N., R. 1 W., B.M., Ada County,
Idaho, more particularly described as follows:
BEGINNING at an aluminum cap marking the 1/4 corner common to Sections 15 and 16;
Thence N. 0043'00" E., coincident with the west line of said SW1/4 of the NW1/4 and the centerline of
S. BlackCat Road, 1319.36 feet;
Thence leaving said west line and said centerline, S. 75142'00" E., 1359.87 feet to the east line of said
SW1/4 of the NW1/4;
Thence S. 0139'50"W., coincident with said east line, 1000.87 feet to the SE corner of said SW1/4 of
the NW1/4 (CW1/16 corner);
Thence N. 8911442"W., coincident with said south line, 1322.76 feet to the POINT OF BEGINNING.
The above described parcel contains 35.214 acres more or less.
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--
AND DECISION&ORDER
In the Matter of the Request for Annexation of 35.086 acres of land to the R-15 (Medium-high-
density residential)zoning district; and Preliminary Plat consisting of 256 building lots and 25
common lots on 33.71-acres of land in the R-15 zoning district for Avani Neighborhood
Subdivision,by Conger Group.
Case No(s). H-2023-0049
For the City Council Hearing Date of. April 2,2024 (Findings on April 2,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 2, 2024,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 2,2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 2, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 2,2024, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AVANI NEIGHBORHOOD AZ,PP-FILE H-2023-0049)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 2,2024, 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 and preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of April 2,2024,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 1I-
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
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AVANI NEIGHBORHOOD AZ,PP-FILE H-2023-0049)
-2-
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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(l)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of April 2,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AVANI NEIGHBORHOOD AZ,PP-FILE H-2023-0049)
-3-
By action of the City Council at its regular meeting held on the 2nd day of April
2024.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
DU C c�
Mayor Robert E. Si son 4-2-2024
Attest:
Chris Johnso 4
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
rhonb
By: 1x ' ,.: Dated: 4-2-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AVANI NEIGHBORHOOD AZ,PP-FILE H-2023-0049)
-4-
STAFF REPORT
E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT 1,H p
HEARING Mar-eh 4 -24 4 continued to April 2, Legend
DATE: 2024
UProject Location 0 0
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533 ------ ---
SUBJECT: Avani Neighborhood AZ,PP
H-2023-0049 "
-------------- ----
LOCATION: Southeast of Franklin Road and Black
Cat,North of I-84, in the SW 1/4 of the
NW 1/4 of Section 15, T.3N.,R.1 W. • •
(Parcel#S 1215233650)
I. PROJECT DESCRIPTION
Annexation of 35.086 acres of land to the R-15 (Medium-high-density residential)zoning district; and
Preliminary Plat consisting of 256 building lots and 25 common lots on 33.71-acres of land in the R-15
zoning district for Avani Neighborhood Subdivision.
NOTE: Staff is recommending denial of the project because the applicant's design(plat and
elevations)is inconsistent with the design elements outlined in the TMISAP.The applicant has been
made aware of Staffs concerns and has elected to forego some of Staffs recommended changes to gain
a favorable recommendation.Below provides the basis for Staffs recommendation; however,the
Commission and Council should rely on all relevant information when determining if this project is
consistent with the Plan and open to allowing deviations from the design elements as desired by the
Applicant.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 33.7lacres(35.086 acres-annexation area)
Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange
Specific Area Plan(TMISAP)
Existing Land Use agricultural ! 1
Proposed Land Use(s) SFR detached and attached dwellings
Current Zoning = Rural-Urban Transition(RUT)in Ada County 1
Proposed Zoning R-15
Lots(#and type;bldg/common) 256 building/8 common lots
Phasing plan(#of phases) 3 Phases
Number of Residential Units(type 256 residential lots(95 attached units, 161 detached units)
of units)
Density(gross&net) 7.60 units/acre(gross)
Open Space(acres,total[%]/ 16.68(or 19.8%)qualified
buffer/qualified)
Amenities Large central park,community pool with changing rooms,fenced play
structure,swing set,seating benches,climbing dome,climbing rocks,fenced
dog park and 2 ickleball sports courts.
Physical Features(waterways, The Rosenlof Drain bisects the northwest corner of the site.
hazards,flood plain,hillside)
Neighborhood meeting date 7/26/2023
History(previous approvals) None
B. Community Metric
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State A portion of the collector street(Vantage Point Way)is required to be extended
Hwy/Local)(Existing and Proposed) from the west boundary to the east boundary of the site per the Master Street
Map.
Proposed Road Improvements Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP):
• Franklin Road is scheduled in the IFYWP to be widened to 5-lanes from McDermott Road to
Black Cat Road with the design year in 2026 and the construction date has not been
determined.
• The intersection of Franklin Road and McDermott Road is scheduled in the IFYWP to be
reconstructed as a single-lane expandable roundabout. There is no design year or
construction year,and this project requires coordination with the Nampa Highway District.
2 DRAFT Avani Subdivision/MPP23-00101
H-2023-0049
• Black Cat Road is listed in the GIP to be widened to 5-lanes from Franklin Road to Overland
Road between 2036 and 2040. Funding for ITD's portion is not included with this project.
Fire Service
• Distance to Fire Station 2.8 miles from Station#2
• Fire Response Time Falls just outside of the 5-minute response time goal
• Resource Reliability 82%(above the targeted goal of 80%)
• Accessibility This project meets all required access,road widths,and turnarounds as presented
in the preliminary plat. The shared drives shall have an address sign at each
entrance,the roadways,common driveways,and alleys shall be maintained 365
days a year for fire,EMS,and police responses.
• Additional See Fire Staff Report in the link provided below under Section IX(C).
Comments/Concerns
Police Service No comments received
• Distance to Fire Station
• Fire Response Time
• Accessibility
West Ada School District No Comments received
Distance(elem,ms,hs)
Capacity of Schools
#of Students Enrolled
#of students estimated for this
development
Wastewater
• Wastewater Modeling •Must provide to and through to S 1215325450
•End of the line requires 0.6%slope
•Flow is committed
•Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep
require a 30 ft easement,20-25 ft a 40 ft easement,and 25-30 ft a 45 ft easement.
Adjust easements accordingly.
•Sewer easement varies depending on sewer depth. Sewer 0-15 ft deep require a
20 ft easement, 16-20 ft a 30 ft easement,and 21-30 ft a 40 ft easement.Adjust
easements accordingly.
•Ensure no permanent structures(trees,bushes,buildings,carports,trash
receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the
utility easement.
•Ensure no sewer services pass through infiltration trenches.
• Project Consistent with WW
Master Plan/Facility Plan
• Impacts/Concerns See Public Works Site Specific Conditions under Section IX(B)
Water
• Distance to Services Water available at site
• Pressure Zone 2
• Estimated Project Water See Application
ERU's
• Water Quality Concerns None
• Project Consistent with Water Yes
Master Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions under Section IX(B)
•If a well is located on the site it must be abandoned per regulatory requirements
and proof of abandonment must be provided to the City.
•Each phase of the development will need to be modeled to verify minimum fire
flow pressure is maintained.
•Development requires two connections for looping.There are two options
Option 1:Provide a second connection in zone 2 from either the north or the east
Option 2:A second connection to Black Cat Rd.However,this requires a
connection from Franklin road through parcel S 1216120735 to parcel
S 1216131200.Additionally,the main in Black Cat Rd along the western
boundary mast be connected to the rest of the water system in two different
places.In other words,the development cannot have two ties to Black Cat Rd if
that run of main is a dead end.
•There are multiple spots where fittings are located within the gutter.Don't have
fittings in the gutter.
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IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 1/16/2024 2/25/2024
Radius notification mailed to
property owners within 500 feet 1/12/2024 2/24/2024
Public hearing notice sign posted
1/18/2024 2/23/2024
on site
Nextdoor posting 1/10/2024 2/26/2024
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated Medium High-Density Residential(MHDR)on the Future Land Use
Map(FLUM)and is located within the area known as the Ten Mile Specific Area Plan(TMISAP). MHDR
areas are recommended to develop primarily with relatively dense multi-family housing types, such as row
houses,townhouses, condominiums, and apartments,not all single-family attached and detached homes as
proposed by the applicant. These areas should have a mix of housing types that achieve an overall average
density target of 12 dwelling units per acre with densities ranging from 8-15 units per acre. MHDR areas
typically are relatively compact areas within a larger neighborhood and generally should be located around
and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to
provide convenient access to these commercial activity and employment centers for the greatest number of
residents.
As noted above,the proposed development incorporates a mix of single-family attached(95) and single-
family detached(161)homes,resulting in an overall gross density of 7.59 units per acre inconsistent with the
target density desired in the MHDR FLUM designation in the TMISAP. Townhomes should be included in
this development to be more consistent with the plan;however,the property to the east has approval to
construct a 552-unit multi-family development to offset the need for additional multi-family in the area.
Mixed—Employment areas are also entitled or in the development process to the west, south, and southeast
so it is conceivable that this development may provide additional housing options for these employment
areas.
TRANSPORTATION: ACHD's Master Street Map(MSM) depicts a new town center collector street across
the southern portion of this property from the west to the east boundary eventually connecting to S. Ten Mile
Road. The Transportation System Map in the TMISAP lists the functional classification for this street as a
collector street and the Street Section Map lists the design classification as a major collector street,which is
intended to be constructed consistent with Street Section C as follows:
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Law Lane
+ 34
Curb-to•curb dislaw
This street is planned to eventually provide a connection from S. Black Cat Road to S. Ten Mile Road. The
applicant is currently collaborating with the property owners directly to the south and east to complete the
Collector Street(Vanguard Way) connection to Black Cat. It is the City's desire to have this street
dedicated and constructed before residents occupy the homes in this development.
Local streets,alleys, and common drives are proposed internally for access to the proposed residential units.
Staff believes the plat should incorporate more alley-loaded lots however,the Applicant believes there
isn't a market for this type of housing and has elected to limit the number of alley-loaded homes to ten
(10)which is inconsistent with the Plan.
BACKGROUND: Ten Mile Interchange Area was intended to look, feel,and function differently than a
typical residential subdivision. It operates as a form-based specific area plan,where the design of the built
environment is the primary review element and intended to work in conjunction with the land use and zoning
designations. These design elements should not be treated as a checklist; but used to implement the overall
vision and support traditional neighborhood design desired by the Plan.
DESIGN ELEMENT: The design element is intended to serve as the basic framework for a project within the
Ten Mile Interchange Area and the basis for the development of future design guidelines. They are
considered the most important elements to"get right,"there is not flexibility allowed in the modification of
design elements. Future development should be consistent with the design elements in the TMISAP for the
MHDR FLUM designation as determined by the Application of the Design Elements table (refer to the table
below). Staff s analysis for how the Applicant's design adheres to the applicable design elements are italized
below.
NOTE:Some of these design elements are not required by the UDC as envisioned by the Plan. Therefore,
the applicant requests the Commission and Council allow some deviations to these design elements.
Page . Design Element Residenlrnl Wked Use Employment Spedol Areas
LDR MDR MHDR HDR MUR MUC LC LDE HDE ME I Parks Civic
3-32.Architecture and Heritage ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
3-33.Street oriented design
Commercial&mixed use bldgs. ■ ■
Residential Buildings ■ ■
3-34.Buildings to Scale ■ ■ ■
3-35.Gateways
3-36.Neighborhood Design ■ ■
3-37.Building Form&Character ■ ■
Commercial Activity Centers ■
Building Facades ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Building Heights ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
General Lim int of 4 stories ■ ■ ■ ■ ■ ■ ■
First Floor Ceiling Heights for Retail ■
Up to 6 Stories ■ ■
Base,Body,and Top ■ ■ ■ ■
Frontage
Commercial Retail Frontage ■ ■
Live/Work Unit Frontage ■ ■ ■ ■ ■
Urban Resid.Frontage in Commercial Districts ■ ■ ■ ■ ■
Neighborhood Residential&Institutional ■ ■
Roofs
Flat ■ ■ ■ ■ ■ ■ ■ ■
Pitched ■ ■ ■ ■ ■ ■ ■ ■ ■
3-41.Building Defails
Materials ■ ■
Screening of Mechanical Units and Service Areas ■ ■
Awnings ■ ■ ■
Canopies ■ ■
3-46.Signs ■ ■ ■ ■ ■ ■ ■
3-47.Public Art I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
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Residential
3-33. Street-oriented Design: Useable porches should be a dominant element of residential buildings and
should be located along at least 30%of the front fagade of the buildings—a higher percentage is
recommended as is the location of porches on one or more side facades. When possible, garages should be
loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no
less than 20' behind the primary facade. Front-loaded 2-car garages that are visible from the primary street
must be designed with two(2)separate garage doors.
Out of the 256 single-family units, only 10 are alley-loaded; the others are all front-loaded with living area
either at the same plane or behind the garages away from the street. A few of the units have usable porches
that might meet the guidelines. No porches are proposed on the side facades.All units have single 2-car
garage doors, not separate doors.
3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts, lighting,
open space—should be designed for human interaction at a pedestrian's perspective. Key elements to
consider are the continuity of the building sizes,how the street-level and upper-level architectural detailing
is treated, elements that anchor and emphasize pedestrian scale,roof forms,rhythm of windows and doors,
and general relationship of buildings to public spaces such as streets,plazas and other open space. Human-
scale design is critical to the success of built places for pedestrians. Building entrances should be placed
close to the street; ground floor windows,articulated facades, appropriately scaled lighting, awnings and
other weather protection should be provided.
The proposed elevations do not meet the design criteria that encourage building entrances to be situated
close to the street,primarily due to their garage-dominated nature. Elevations for the alley-loaded units
were not submitted with the application, making it difficult for Staff to determine if they comply with these
guidelines. Lighting at a pedestrian scale should be provided on the buildings facing the street and internal
walkways. A different product type should be provided for the detached and attached units with garages
behind the units, and building entrances facing the street with front/side porches.
3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should be
developed in consideration of traditional neighborhood design principles and concepts,which pertain to
mixed housing stock,architecture and design, streetscapes and streets. Front porches and garages accessed
from an alley are usually the standard in residential areas;parking for homes is primarily located behind
buildings. Streetscape design relates to the street itself and consists of landscaped parkways with trees
between curbs and sidewalks, adjacent sidewalks and front yard spaces and provides public space for street
trees, street furniture and view corridors. Other aspects of neighborhood design that contribute to a
traditional streetscape are connected network of streets, alleys and sidewalks. Roadways and pedestrian ways
are interconnected so that access for pedestrians, cyclists and automobile drivers is direct and convenient and
allows traffic to be dispersed through a variety of streets and ways.Narrower streets designed with TND
characteristics result in slower moving traffic and provide a safer,more pleasant pedestrian environment and
encourages interaction among residents.
As previously noted, usable porches that meet the minimum guidelines are not provided for the single-family
attached and detached units as desired. Alley-accessed garages and parking are only provided for the 10
detached units; the other 246 single-family units are all accessed from the street with parking in front of the
garages facing the street, which is not desired.
Shorter block lengths and narrower streets help build a greater sense of community.As proposed, these lots
are narrow and garage dominated which creates more driveways and less tree-lined streets along the
primary streets which is contradictory to TND principles. More alley-loaded homes would enchance the
streetscape for this development and ground the front porches to the primary street per the Plan.
3-37.Building Form& Character: Building Facades—Buildings should be designed so that their primary
facades relate to active public spaces and pedestrian areas. The primary facade of a structure is that frontage
of the building that has been designed and detailed so as to represent the building's most important
elevations. The primary facade should always include an entry into the building. Entries should be located so
as to provide direct access from adjacent public spaces,primary streets and activity areas. Access from
walkways should be uninterrupted by vehicular traffic. Buildings should be located so as to help frame
adjacent public spaces and to provide an architectural backdrop for associated passive and active activities.
The space between a building facade and the adjacent walkway should be appropriately landscaped with a
combination of lawns, groundcover, shrubs and trees.
Access from walkways to the main living areas is only uninterrupted by vehicular traffic for 10 alley-loaded
units, as these units have garages accessed from the alleys. The other single-family attached and detached
structures are not designed to have the primary fagade relate to active pedestrian areas,public spaces, or
primary streets due to the orientation of the garages and building entries. Building entries are not the focal
point of the homes and the front-loaded garages limit direct pedestrian access from the street because most
of the entries are located behind the garages. As noted above, the 8 foot parkways are also diminished due
to this design.
Building Heights: Low-rise buildings of 2-4 stories over much of the area is recommended.
A mix of one-story single-family and two-story single-family attached and detached structures are proposed
in general conformance to this guideline. This applicant's preference is to have single-story homes along
collector and arterial streets to enhance the streetscape.
• Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide
variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables,with
a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'. Roof
brackets and rafter tail treatments are encouraged.
All of the roof pitches proposed fall within the desired pitch range. Corbels are depicted some of the
concept elevations; rafter tail treatments are encouraged as well as other design elements as noted in
the ASM. Staff cannot verb if there is at least 12 inches of overhang for all of the one-story and two-
story homes proposed.
3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings,parks,
transit,infrastructure,and other public projects in the Ten Mile area. Public art should be meaningful and
encourage the free flow of ideas and cultural ideologies. Public art should be integrated into either the
architectural design or the design of plazas and public spaces associated with a building and should be easily
visible to the public(e.g. visible from the street or publicly accessible open spaces rather than interior
courtyards).
Public art is not proposed but could be provided in accord with this guideline. If the applicant desires to
include public art as part of the development it would qualify as another amenity(I point).
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to
this application and apply to the proposed use of this property; however,the TMISAP takes precedence over the
Comprehensive plan(staff analysis in italics):
• "With new subdivision plat,require the design and construction of pathways connections,easy pedestrian
and bicycle access to parks, safe routes to schools, and incorporation of usable open space with quality
amenities."(2.02.01A)
The Applicant is proposing to construct 10 foot wide multi-use pathways along S. Black Cat Road and
Vanguard Way(new collector)in accordance with the Meridian Pathways Master Plan Map.Additionally,
a 5-foot wide micro path is proposed on the east side of the site, extending in a north-south direction. The
following amenities are proposed: community pool and changing rooms,fenced play structure, swing set,
seating benches, climbing dome, climbing rocks,fenced dog park, and two(2)pickleball courts, exceeding
the requirements outlined in UDC 11-3G-4.
• "Require all new residential neighborhoods to provide complete streets, consistent with the
Transportation and Land Use Integration Plan."(2.02.01 C)
The plat illustrates that all internal local streets within this development are depicted as 27 foot wide
street sections with curbs and gutters, allowing parking on only one side. `No Parking"signs shall be
installed on that designated side of the street. The smaller street sections are encouraged in the TMISAP
to promote pedestrian movement and access by enhancing connectivity and promoting walking.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
The proposed 10 foot wide pathways and 5-foot wide micro path provide connectivity to the Mixed
Employment developments proposed to the south, the proposed multi family development(Vanguard
Village) to the east, and the future medium-high density development to the north.
• "Continue to develop and implement the desired vision in special areas,areas with specific plans, and
along key transportation corridors."(3.03.01A)
The TMISAP is a form-based specific area plan where the design of the built environment is the primary
review element. The City's vision for this area is for all residential to have a Traditional Neighborhood
Design.Front porches and alley-loaded garages are the standard and help to create a pedestrian friendly
environment. Streetscapes should relate to the street itself and landscaping with trees between curbs and
sidewalks, the adjacent,front yard spaces, and the building frontages. Staff finds that the proposed plat,
landscape, and elevations do not align with the City's vision for this area.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to
the City's vision and the necessary extension of public services and infrastructure is provided."(3.03.03)
The Applicant's design does not align with the Plan; therefore, staff finds it is not in the City's best
interest to annex this property.
• "Permit new development only where it can be adequately served by critical public facilities and urban
services at the time of final approval,and in accord with any adopted levels of service for public
facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Ensure that new development and subdivisions connect to the pathway system."(4.04.01A)
The proposed subdivision proposes a 10 foot wide pathway along S. Black Cat Road and Vantage Point
Way(new collector) in accordance with the Meridian Pathways Master Plan Map, thereby enhancing
connectivity to future developments.
• "Assess and compare response times to adopted standards for identification of additional needed
resources."(4.11.O1B)
This project currently falls in an area where emergency personnel don't have response times that meet
NFPA 1710 standards or the current City of Meridian adopted standards. The first due station is Fire
Station 2. This fire station is approximately 2.8 miles from the project.
• "Foster a walkable and bikeable community through good site and street design."(5.01.01A)
The pathways and sidewalks within the development contribute to creating a walkable community.
However, the proposed narrower street sections should coincide with shorter block lengths or traffic
calming to provide a more compact, diverse, and walkable neighborhood as envisioned by the plan.
ACHD is also requiring shorter block lengths or passive traffic calming.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of Meridian
Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and through this development in accordance with
current City plans.
• "Encourage the integration of public art as an integrated component with new development". (5.03.01 B)
Public art is not proposed with this development as emphasized by the TMISAP. Public Art should be
included as a fundamental element in new development projects within the TMISAP. This policy
suggests a commitment to fostering a visually enriched and culturally vibrant environment by actively
encouraging the inclusion of artistic elements as an integral part of the overall development strategy.
Public art could be displayed either at the entrance to the subdivision and/or within the large central
park proposed in the development.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 35.214 acres of land with an R-15 (Medium-High Density Residential)
zoning district which is listed in the Zoning District Compatibility Matrix in the TMISAP as one of the
best choices for zoning in the MHDR designation.
A preliminary plat and conceptual building elevations were submitted,included in Section VIII, showing
how the property is proposed to be subdivided into 256 building lots and 25 common lots for the
development of 10 single-family detached alley-loaded dwellings, 95 single-family attached dwellings&
151 single-family detached dwellings.
The proposed residential use and mix of housing types may be consistent with the MHDR FLUM
designation; however,the proposed density of 7.59 is below the target density of 12 dwelling units
per acre. The proposed architectural design does not comply with the TND guidelines in the
TMISAP,as discussed above.Development in this area should conform to these guidelines in order
to be deemed consistent with the Plan and determine if it is in the City's best interest to annex this
property.
This property,is surrounded by an existing light industrial development to the west(Black Cat Industrial
future residential uses to the north,future multi-family development to the east(Vanguard Village), a
future R-15 development to the north(extension of Baraya),and mixed employment(M-E)proposed to
the south.
A legal description and exhibit map for the boundary of the property proposed to be annexed is included
in Section VIII.A. This property is within the City's Area of City Impact boundary and within the area
governed by the Ten Mile Interchange Specific Area Plan(TMISAP), as discussed above in Section V.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. A DA is not necessary based on staff s recommendation of denial.
B. PRELIMINARY PLAT(PP):
A preliminary plat is proposed consisting of 256 [95 single-family attached, 10 alley-loaded, and 151
single-family detached units] building lots and 25 landscape, six(6) common driveways,two(2) alleys,
and one(1)non-buildable lot on 33.707-acres of land in the R-15 district. Proposed lots range in size
from 2,436 to 5,357 square feet(s.f.)with an average lot size of 3,584(sf.) The subdivision is proposed
to develop in three(3)phases as shown on the preliminary plat in Section VIII.C.
Single-family attached and detached dwellings are listed as a principal permitted use in the R-15 zoning
district per UDC Table 11-2D-2. The proposed plat appears to comply with the R-15 zoning standards.
Existing Structures/Site Improvements: There are no existing structures on the property that are
proposed to be removed upon development.
Dimensional Standards (UDC Table 11-2D-6): The proposed plat and subsequent development is
required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the R-15 zoning
district. There is a 2,000 minimum lot size in the R-15 district; each building site is required to be of
sufficient size to meet the minimum setbacks for the district.
Access: Access is proposed via the extension of Vantage Point Way, a new collector street, along the
southern boundary of the subdivision.Vantage Point Way will extend to the west boundary across Black
Cat Road to be extended with the Black Cat Industrial Development(H-2021-0064).
Vantage Point Way should be constructed in accordance with Street Section C (major collector street)in
the TMISAP,which requires(2) 11-foot travel lanes, 6-foot bike lanes, 8-foot parkways with streetlights
at a pedestrian scale, and minimum 6-foot wide detached sidewalks(see pg. 3-20, 3-22, 3-23). The
Applicant proposes a modification of the street section to include 10-foot wide detached
sidewalks/pathways in lieu of on-street bike lanes,which is required by ACHD and as set forth in the
Meridian Master Pathways Plan.
All streets should be constructed as complete streets as defined in the TMISAP(see pg.3-19&3-
20). Prior to submitting the final plat,the Applicant shall coordinate with the property owner to
the south and east to construct Vantage Point Way and deed the right-of-way to ACHD. The
Applicant should ensure that the intersection of Vantage Point Way and S.Black Road aligns with
the entrance of the Black Cat Industrial projects on the west side of S.Black Cat Road.
The Applicant is proposing one(1) curb cut-off of Vantage Point Way, a planned collector street in the
TMISAP. In accordance with UDC 11-3A-3 (Access to streets),multiple accesses off an arterial and/or
collector roadway shall be restricted The Applicant has proposed an emergency access only off of
Black Cat Road and has included a stub street to the north(Street H) for potential future access. Staff
recommends that the Applicant collaborates with the property owner to the east to consider
incorporating a potential stub street on the east side of this site for connectivity to the future
Medium-High Density Residential Development, subject to approval by ACHD.
Common Driveway(UDC 11-6C-3D1: Six(6)common driveways are proposed within the
development of the site on Lot 42,Block 1,Lot 16,Block 1,Lot 41,Block 2,Lot 33,Block 2,Lot 16,
Block,2, and Lot 23, Block 5. Common driveways are allowed to serve a maximum of four(4) dwelling
units; in no case shall more than three(3) dwelling units be located on one(1) side of the driveway. A
total of four(4) dwelling units are proposed on the south side of driveway for Lot 23,Block 5; the
final plat and common driveway exhibit shall be revised to depict a maximum of three(3) units on
one(1) side of the driveway as required; or, alternative compliance may be requested as set forth
in UDC 11-5B-5.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the
common driveway,which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment. This may be accomplished through the depiction of the
easement on the face of the final plat and an accompanying note.If a separate easement is
recorded,a copy should be submitted to the Planning Division with the final plat for City Engineer
signature.
Alleys (UDC 11-6C-3B.5): Two (2)40-foot wide alleys are proposed for access to the single-family
detached dwelling units on lots in Block 3 and Block 4. The Alley should be constructed in accord with
the standards listed in UDC 11-6C-3B.5.A detail of the alley should be submitted with the final plat
that demonstrates compliance with these standards.
Parking: All single-family attached and detached dwelling units are proposed to have a 2-car garage
with a 2-space parking pad consistent with UDC Table 11-3C-6 for 1-to 4-bedroom units; if any units
contain more than 4 bedrooms, an additional two(2) spaces are required with at least one(1)of those
being an enclosed space. An additional 150 on-street parking spaces (0.5+per home)are available for
residents and guests as shown on the parking exhibit in Section VIII.I. These spaces are located adjacent
to common areas and in front of the detached dwelling units and attached dwelling units. Staff finds
that there is not adequate room in front of the attached units for on-street parking with the width
of the lots vs.the driveways.With the narrow 27-foot wide streets proposed internally,which are
desired with the TMISAP,parking is only allowed on one side of the street.
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required is required along all arterial streets
(i.e. S. Black Cat Road) in residential districts. A 20-foot wide street buffer is required along all
collector streets(i.e. Vantage Point Way)a collector street,per UDC Table 11-2D-7, landscaped per the
updated standards listed in UDC 11-3B-7C. The proposed buffer along the southern half of Black
Cat Road appears to be 20-feet in width and should be 25-feet in width. The 20-foot wide buffer
along the new collector street(Vanguard Way) appears to meet the requirements of the UDC code;
however,there is a lack of a combination of planters(shrubs and rock mulch)within both of the
buffers(refer to the figures below).
FIGURE 1
T ;-OrT-IT.-I
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An 8-foot wide parkway with Class II trees is required along all local streets per UDC Table 11-2D-6,
landscaped per the standards listed in UDC 11-3B-7C.
All common open space areas are required to be landscaped with one deciduous shade tree for every
5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per
UDC 11-3G-5B.3. The landscape plan appears to comply with this requirement.
There are several existing trees on the south side of this this site that will be removed with development.
An existing tree inventory and mitigation plan is not included in Section VIII.H. Mitigation is required
to be provided per the standards listed in UDC 11-3B-10C.5; calculations demonstrating
compliance should be included on the landscape plan submitted with the final plat application.
Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C.
Common Open Space(UDC 11-3G-3): A minimum of 15%qualified open space is required to be
provided within the single-family development per Table 11-3G-3 for the R-15 zoning district. Based on
33.707-acres of land, a minimum of 5.06 acres is required to be provided that complies with the
standards listed in UDC 11-3G-3B.
The exhibit included in Section VIII.F depicts 19.8%(or 6.68 acres)of common open space for the
single-family(detached and attached dwelling units) development consisting of one (1)large common
area over 5,000 square feet(s.f.) at 60,785 (s.£), a micro-path that runs along the entire east side of the
site; 8-foot wide landscaped parkways along the residential lots; and 10-foot wide pathways running
along S. Black Cat Road and the new collector(vantage Point Way). The collector street buffers do
not count toward qualified open space unless they meet the enhanced buffer requirements noted in
UDC 11-3G-3B.3,which is interpreted to mean buffer landscape materials consistent with
entryway corridors listed in UDC 11-3B-7C.3f. Additionally,per UDC 11-3G-3B.3, one hundred
(100) percent of the landscape buffer along collector streets and fifty(50) percent of the
landscape buffer along arterial streets that meet the enhanced buffer requirements that follow
may count toward the required common open space.
In order to qualify,common areas should be landscaped per the updated standards listed in UDC
11-3G-4B.3; parkways and street buffers should be landscaped per the standards listed in UDC H-
3A-17E and 11-3B-7C[collector buffers must meet the enhanced buffer requirements(i.e.
entryway corridor standards)in order to qualify]; stormwater swales that are incorporated into
required landscaped areas should comply with the standards listed in UDC 11-3B-11C; and linear
open space should be landscaped per the requirements in UDC 11-3B.
Site Amenities(UDC 11-3G-4): A minimum of seven(7)points of site amenities are required based on
the area of the single-family residential development. Qualified amenities should include features listed
in UDC Table 11-3G-4. A 5,000+s.f. children's playground with a play structure, swings,climbing
rocks, a climbing dome, seating benches,within a safe fenced area,two pickle ball courts,a pool house
with changing facilities and restrooms, and a fenced dog park(15 points)is proposed which meets the
minimum standard. The provision of public art, as recommended,will also qualify as an amenity(1
point). The 10-foot wide regional pathways along Black Cat Road and Vanguard Way consist of
approximately 2,500 linear feet. Additionally,the 5-foot micro-pathway running north and south
on the east side of the property spans approximately 1,000 linear feet. Combined,the proposed
pathways total(4 points). Required sidewalks adjacent to public right-of-way do not qualify. Overall,
the proposed amenities exceed the minimum standards.
Pathways: The Pathways Master Plan depicts multi-use pathways on this site along S. Black Cat Road
and Vantage Point Way. The pathways shall be constructed in accordance with UDC 11-3A-8 and 11-
3B-12. A 14-foot wide public use easement for all multi-use pathways shall be submitted to the
Planning Division prior to submittal for City Engineer's signature on the final plat(s).
Sidewalks(11-3A-17): A 5-foot wide detached sidewalks are required along local streets within the
development along with 8-foot parkways consistent with ACHD and the TMISAP. The plans appear
to comply with this requirement. Additionally,the common driveway located at the southwest
corner of the development should incorporate a sidewalk adjacent to the 5-foot landscape buffer
connecting to the 10-foot wide pathway along S.Black Cat Road to enhance walkability within the
neighborhood.
Fencing 11( 3A-D: Fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid
vinyl fencing is proposed around the west,north, east,and south perimeter boundaries of the subdivision
and on shared lot lines between building and common lots that are visible from the public street, as
shown on the landscape plan. A 5' tall open vision iron fence is proposed around the children's
playground area,pool,and dog park.A black chain link fence is proposed around the pickleball courts as
shown on the picture in the narrative.All proposed fencing on the landscape plan appears to comply
with the UDC.
Lighting(UDC 11-3A-11): All proposed lighting shall meet the standards set forth in this title.
Waterways: The Marvin Lateral courses along the north and east boundaries of this site. Nampa
Meridian Irrigations District's easement for the Marvin Lateral at this location is a minimum of thirty-
five feet(35')total,ten feet(10') left and twenty-five feet(25')right facing downs stream. The
Applicant is working with the irrigation district to obtain a license agreement. Per UDC 11-3A-6,the
irrigation lateral intersecting, crossing or lying within the area being developed, shall be piped,
or otherwise covered.
Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical
report was submitted with this subdivision.
Building Elevations: Conceptual building elevations were submitted for the proposed structures within
the development as shown in Section VIII.J. Six(6) elevations were submitted for the 1-story and 2-
story attached and detached dwelling units. Building materials consist of mix of board&batten siding,
horizontal lap siding with fiber cement panel accents, limited shake, and some stone. An elevation was
not submitted for the pool changing rooms/bathrooms.
The proposed elevations are not approved and should be revised to incorporate traditional
neighborhood design elements as set forth in the TMISAP, as noted above in Section V, and in the
Architectural Standards Manual(ASM).
Certificate of Zoning Compliance Review: A CZC application(s)is required to be submitted for the for
the pool changing rooms/bathrooms building within the development.
Design Review: A design review application(s)is required to be submitted for all single-family attached
structures within the development. Final design of all structures should comply with the standards
for single-family residential design listed in the Architectural Standards Manual(ASM) and the
traditional neighborhood design guidelines in the Ten Mile Interchange Specific Area Plan
(TMISAP)for the MHDR FLUM designation(see the Application of Design Elements table on pg.
3-49).
VII, DECISION
A. Staff:
Staff recommends denial of the proposed annexation and preliminary plat as the proposed project does
not align the purpose and intent of the TMISAP, as outlined in the analysis in Section V in accordance
with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on February 1,2024. At the
public hearing,the Commission moved to recommend denial of the subject Annexation and
Preliminary Plat requests.
1. Summary of Commission public hearing:
a. In favor: Hethe Clark
b. In opposition:None
C. Commenting:None
d. Written testimony:None
e. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application: Bill Parsons,Planning Supervisor
2. Key issue(s) public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Meeting the target densi . for the project.
b. Does the Annexation request before the City fit the vision of the community and what
the City is trying to accomplish?
c. The spirit of the TMISAP is to provide something different,not the same characteristics
as you find everywhere else in the City.
b. The project lacks the design elements required within the TMISAP.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on March 12,2024.At the public hearing.the
Council moved to approve the subject Annecation and Preliminary Plat requests.
1. Summary of the City Council public hearing:
a. In favor: Hethe Clark.Representative for Applicant
b. In opposition:None
C. Commenting: Hethe Clark.Representative for Applicant; Laurie Billaud: Christy
Inselman.ACHD
d. Written testimony:None
e. Staff presenting application: Stacy Hersh.Associate Planner
f. Other Staff commenting on application: Bill Parsons,Planning Supervisor
2. Key issue(s)of public testimony,
a. Growth and expansion of Meridian
3. Key issue(s)of discussion by City Council:
a. The application is not required to satisfy every goal outlined in the TMISAP.but it must
meet the overall intent and vision of the TMISAP.
b. The density proposed b the he Applicant for this project appears appropriate, especially
considering the multi-family development proposed directly to the east,which consists
of over 500 units.
C. The mix of housing units proposed b the he Applicant is well-suited to this area and offers
usable backyard and space desired by home buyers.
d. Is this the right project at the right place and at the right time for this area in Meridian?
e. Density was intentionally planned in the TMISAP near employment centers and
transportation.
4. City Council change(s)to Commission recommendation.
a. Council has moved to approve the application subject to the Conditions of Approval and
Findings,which will be presented for formal approval on April 2.2024.
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
5awtooth land Surveying, _.--:
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2O30 S.VJa:nh.ngton Awe.,Emmett. 11)836!
Avani Annexation Description
BASIS OF BEARING for this description is N.{}11143'OV E., between a bra,cap marling the 1/4
corner common to Sections 15 and 16 and an aluminum cap marking the northwest corner of Section
15,T.3 N., R. 1 W., B.M.,Ada County, Idaho.
A parcel of laf1d located in the S41+114 of the NW1J4 of Section 15,T. 3 N., R. 1 W., B.M., Ada Courtly,
Idaho,more particularly described as follows-
BEGINNING at an aluminum cap marking the 1/4 corner corn mon to Sections 15 and 16;
Thence N. 01143'00" E.,coincident with the west IIne of said SW 1{4 of the NW114 and the centellne of
S. BlackCat Road, 1319.35 feet;
Thence leavifig said west line and said eenteraine, S. 75142'00"E., 1359.67 feet to the east line of said
5W1f4 of the NW114;
Thence S.0039'50"W.,coincident with said east line, 1000.87 Feet to the 5E corner of said SWI/4 of
the NWI/4(CVVlJI6 corner);
Thence N.89014'42"W.,coincdent with said south line, 1322.76 feet to the POINT OF BEGINNING.
The above described parcel contains 35.Z14 acres more or less.
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B. Preliminary Plat Legal Description and Exhibit Map
5avvtooth Land Surveying, LLC
P; i�{a&7 39&-8 OAF f: iP08�35&-8 I OS
ie1.y icC030 5,Wash,ngton Ave..Emmett. ID 83G J 7
Avani Boundary Description
BASIS OF BEARING for this description is N.0043'00"E., between a brass cap marking the 114
comer common to Sections 15 and 15 and an aluminum cap marking the northwest comer of Section
15,T.3 N.,R. 1 W., B.M.,Ada County,Idaho.
A parcel of land located in the 5W1}4 of the NW1{4 of Section 15,T.3 N., R. 1 W., B.M.,Ada County,
Idaho, more palrticularly described as follows:
COMMENCING at an aluminum cap marking the 1}4 tamer common to Sections 15 and 16;
Thence S.89014'42"E.,coincident with the south line of said SW1}4 of the NWI/4,a d1stance of 50,00
feet to the POINT OF BEGINNING;
Thence leaving said south line,N.0043'00"E.,parallei with the west line of said 5W1/4 of the NW114,
a distance of 1307.31 to the northerly property line of the parcel shown on Record of Survey No. 11965
of Ada County records;
Thence S.75°42M'E.,coincident with said northerly line, 1308.43 feet to the east line of said SW114
of the NW1/4;
Thence S.Oa39' V W.,coincident with said east fine, 1000.87 feet to the SE corner of said SW1/4 of
the NW1f4(CW11 16 corner);
Thence N. 891114'42"W.,aaincident with said south line, 1272.76 feet to the POINT OF BEGINNING.
The above described parcel contains 33.7a1 acres more or less.
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PRELIMINARY PLAT LANDSCAPE PLAN MERIDIAN. IP xroeeitir.sw3 Tom-
F. Common Open Space Exhibit&Calculations
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A JJ 313 3A 29 Dpcn prey arcs M at koa S)OW In w nx
I-m-arapen span arcs that is at kaAtwL4wC kct tV 1 and Lp Lu tllty tee*CW J.
B 11 M 38 JE has an aoms&at cads crrdr and Es inpmwnd and larrdflcspad as scr torth in
subsLd3&n E all thtssedion.
C 11 3G 38 3 Full Ama d BuflLr_The full area of ihc landsape tester al"colecwsUects mar
count reward the rcquttd eorrrmn open spaw-
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*erhtmw el Bufler_MY p rmmt MM etthLL landsape butterallNm arterial
strt#s nvM carat mo-rvrd the mgdred can-rnunaprrs spocc.
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F. 11 3G 38 4 r-p.u&..rrtol sirt,2ts ilvr meet all ihe tallaring sarr=ris may caum myrvrd the
ewmmn open spaac regLMVWL-rM
G. Site Amenities
Proposed Amenities:
Large Central Park The one ar:d a hall acre park will contain the lollowing reveation fatifities:
Community Pool and Changing Rooms
Ferxed Play Structure
Swing Set
Seating Benches #
Climbing Dorne
Clirr ng Rocks
Attractive Landscaping
Fenced Cog Park
2 Pickle Ball Sports Courts
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Pathways The Avant lkighborhood will include the fdlowing pedestrian pathways:
5'Wide Pedestrian Pathway on the east side of the project running North and South for
apprm imately 1,DM L.F-
10'Regional Pathwayswiil be constructed along Black Cat Road and Vantage Point Way
for approximately 2,500 L.F-
Pedestrian pathways,y ithin the Avani,Place Neighborhood will total over one half mile in
length.
H. Pedestrian Connectivity Exhibit
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4 Pedestrian o n necfl city
I. Parking Exhibit
PARIUMS
The Avani hEeighbarhood will have an additional 150 on street parking spaces a6nve&3 4 per home olf-
street parking requiremerTL That will equal owcr hall ai an addhicnel parking space per kA.
=4
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J. Conceptual Building Elevations
STREET SCENE.
ALLEY
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IX. CITY/AGENCY COMMENTS & CONDITIONS During the March 12,2024 hearing.City Council
directed Staff to prepare the conditions of approval for the scheduled hearing on April 2,2024.)
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance. a DA shall be entered into between the City of Meridian the
property owner(s)at the time of annexation ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be consistent with the preliminary plat,_phasing plan.
landscape plan, qualified open space, and qualified site amenities(i.e. A 5.000+s.f. children's
playground with a play structure, swings, climbing rocks, a climbing dome, seating benches.
within a safe fenced area,two pickleball courts, a pool with changing facility and restrooms. and
a fenced dog park), and conceptual building elevations included in Section VIII as proposed and
the provisions contained herein.
b. The Applicant may deed the Vanguard Way right-of-way to ACHD prior to the submittal of the
first phase of a final plat.
C. A Design Review application shall be submitted and approved for the proposed single-family
attached homes prior to submittal of a building�permit application. The Applicant shall comply
with the design standards listed in the Architectural Standards Manual and the Development
Agreement. The single-family attached and detached structures are not required to incorporate
porches along 30%of the front facades,with the exception of the ten(10)alley-loaded homes.
Additionally, front-loaded 2-car garages are not required to be 20 feet behind the primary
facade or designed with two (2) separate age doors.
d. The rear and/or side of structures on lots that face S.Black Cat Road. (i.e. Lots 17-43,Block 1)
and the new collector Road(Vanguard Way)(i.e. Lots 1-15,Block 1 and 2-14,Block 2) shall
incornorate articulation through changes in two or more of the following: modulation(e.g.
projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material tunes.or
other integrated architectural elements to break up monotonous wall planes and roof lines that
are visible from the subject public street. Single-story structures are exempt from this
requirement, Requires Planning Approval prior to issuance of building permits.
2. The final plat shall include the following revisions:
a. Include a note prohibiting direct access via S. Black Cat Road and Vanguard Way.
b. Depict street sections for Vanguard Way consistent with Street Section C in the TMISAP
with a modification that allows(3) 11-foot travel lanes. 8-foot parkway_was detached 10-foot
wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights
required at a pedestrian scale,unless another alternative is approved(see pg. 3-20, 3-22, 3-231.
C. Depict a maximum of three(3)dwelling units on one(1) side of the common driveway on Lot
23,Block 5 in accordance with UDC 11-6C-3D.1; or,alternative compliance may be requested
as set forth in UDC 11-5B-5.
d. Incorporate a sidewalk adjacent to the 5-foot landscape buffer on Lot 16,Block 1 of the
development connecting to the 10-foot wide pathway along S. Black Cat Road to enhance
walkability within the neighborhood
e. Depict a 25-foot landscape buffer along Black Cat Road in accordance with UDC Table
11-2A-7.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Revise the landscape plan consistent with the changes to the final plat listed above.
b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in
accordance with the standards listed in UDC 11-3B-IOC.5 and the exhibit in Section VIII.E.
C. Depict a 25-foot wide landscape buffer and landscaping within the 25-foot wide street buffer
along Black Cat Road in accordance with the undated standards listed in UDC 11-3B-7C.
d. Depict shrubs in common open space areas in accord with UDC 11-3G-5B.3.
4. The proposed plat and subsequent development is required to comply with the dimensional standards
listed in UDC Table 11-2A-7 for the R-15 zoning district.
5. The common driveway shall be designed and constructed per the standards listed in UDC 11-6C-3D.
Revise the common driveway exhibit in Section VIILC to reflect a maximum of three(31
dwelling units on one(1)side of the driveway as set forth in UDC 11-6C-3D.1: or, alternative
compliance may be requested as set forth in UDC 11-5B-5
6. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common
driveway,which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment. This may be accomplished throughdepiction of the
easement on the face of the final plat and an accompanying note. If a separate easement is recorded
a copy shall be submitted to the Planning Division with the final plat for City Engineer signature.
7. The alley shall be designed and constructed per the standards listed in UDC 11-6C-3B.5.A detail of
the alley shall be submitted with the final plat that demonstrates complies with these standards.
8. A 14-foot wide public use easement for all multi-use pathways shall be submitted to the
Planning Division prior to submittal for City Engineer's signature on the final plat(s).
9. The irrigation lateral intersecting, crossing or lying within the area beingdeveloped, shall
be piped, or otherwise covered in accordance with UDC 11-3A-6.
10. A Certificate of Zoning Compliance and a Design Review application shall be submitted to construct
the pool and changing facility parking shall be provided in accordance with the standards in UDC
11-3C-6 or apply for Alternative Compliance in accordance with UDC 11-5B-5.
11. 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
set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14.
12. The Applicant shall comply with all ACHD conditions of approval.
13. Staff s failure to cite all relevant code sections or conditions does not relieve the Applicant of
responsibility for compliance.
14. Approval of a preliminary 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.
Upon written request and filing by t�pplicant prior to the termination of the period in accord with
subsections(A)and(B)of UDC 11-6B-7,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 W to two(2)years as determined and approved by the City Council may be ar nested.
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 this title.
B. PUBLIC WORKS
hggs://weblink.meridianciU.oLv WebLink/DocView.aspx?id=313340&dbid=0&repo=Meridian City&cr
=1
C. FIRE DEPARTMENT
https:llweblink.meridiancity.orzlWebLinkIDocView.aspx?id=313343&dbid=0&repo=MeridianCity
D. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridianciU.oLv WebLink/DocView.aspx?id=315460&dbid=0&repo=MeridianCitX
E. POLICE DEPARTMENT
No comments were submitted.
F. PARK'S DEPARTMENT
https://web link.meridianciU.oLv WebLink/DocView.aspx?id=313341&dbid=0&repo=MeridianCitX
G. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=315577&dbid=0&repo=MeridianCity
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=313402&dbid=0&repo=MeridianCity
I. WEST ADA SCHOOL DISTRICT(WASD)
No comments were submitted.
J. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=317398&dbid=0&repo=MeridianCitX
K. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT)
No comments were submitted.
L. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ)
https://weblink.meridianciU.oLvlWebLinkIDocView.aspx?id=314802&dbid=0&repo=MeridianCitX
M. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=3221 70&dbid=0&repo=MeridianCiU
X. FINDINGS(THIS SECTION OF THE STAFF REPORT HAS BEEN REVISED TO COMPORT
WITH CITY COUNCIL'S ACTION ON 3/12/24).
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required 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
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds the Applicant's request to annex the subject property with R-15 zoning and develop a
mix of single family attached and detached dwellings meets the "general intent"of the comprehensive
plan (including the TMISAP) and the requirements outlined in the UDC Code.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
Council finds the map amendment complies with the R-15 district regulations.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Council finds the proposed map amendment will not be detrimental to the public health, safety and
welfare.
4. 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
Council finds City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
Council finds annexation is in the best interest of the City because the proposed development
provides a mix of housing options.
B. Preliminary Plat(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Council finds the proposed plat is generally in conformance with the comprehensive plan (including
the TMISAP) and consistent with the UDC.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be adequate to
accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
Council finds the plat is in conformance with scheduled public improvements for this area in accord
with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed map amendment would not be detrimental to the public health, safety and
welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.