HomeMy WebLinkAboutCedarcreek Subdivision AZ 06-009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/22106 08:29 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT
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45
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106183582
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Liberty Development, Owner
Centennial Development, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this Z 1"'!:- day o(sK fJ k~ 6A-v, 2006, by and between City of Meridian, a
municipal corporation of the State ofIdaho, hereafter called "CITY", Centennial Development,
LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, hereinafter called
"DEVELOPER", and Liberty Development, LLC, whose address is 36 E. Pine Street,
Meridian, Idaho 83642, hereinafter called "OWNER".
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 for each owner, 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, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
"Developer" and/or "Owner" 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 the Meridian Unified. Develupment Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (R -8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" andlor "Owner" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Merid.ian City Cowlcil, as to how the
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
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PAGE 1
subject "Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 8th day of August, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and/or "Owner"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNER" deeIll it tu blj in thljir best
interest to be able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use ofthe "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisiuns providing sljrvices within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
cuntractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
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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 ofthe 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 ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Centennial Development,
LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, the
party developing said "Property" and shall include any subsequent
developer( s) of the "Property".
3.3 "OWNER": means and refers to Dalice Chester, whose address is
470 W. McMillan Road, Meridian, Idaho 83642, the party that owns
said "Property" and shall include any subsequent owner(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 R -8 (Medium Density Residential District) attached hereto and
by this reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11 which are herein specified as follows:
Construction and development of a residential subdivision with 85
single-family residential building lots and 12 other lots in a
proposed R-8 zone pertinent to this AZ 06-009 application.
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:
DEVELOPMENT AGREEMENT (AZ 06~OOQ) CEDARCREEK SlmmVTSTON
OF 11
PAGE 1
5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1.1 That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
5.1.2 That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
5.1.3 That the applicant be responsible for all costs associated with the
sewer and water service extension.
5.1.4 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5- 7 - 517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5 That prior to annexation, the applicant agrees to record a property
boundary adjustment to include the 50' strip ofland to the southwest
with the neighboring outparcel. This piece shall not he included in
annexation or development of Cedarcreek Subdivision.
5.1.6 That prior to issuance of any building permit, the subject property
shall be subdivided in accordance with the City of Meridian Unified
Development Code.
5.1.7 That the applicant agrees to provide a sidewalk tu I.:WSS the outparcel
which will connect Paramount South 60 Subdivision with Cedarcreek
Subdivision. The location of the sidewalk is to be determined by
ACHD and the neighbors, Carl and Bonnie Reiderman.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as
outlined in Idaho Code ~ 67-6509, or any subsequent amendments urrewdifications thereof.
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
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7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Developer" and/or "Owner and if the "Developer"
and/or "Owner" fails to cure such failure within six (6) months of
such notice.
8. INSPECTION: "Developer" and/or "Owner" 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 ofthis Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner'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 modified or terminated by the "City" upon compliance with
the requirements ofthe Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer"
and/or "Owner", 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.
DFVELOPMENT AGREEMENT (A2 06-009) CEDARCREEK SUBDIVISION
OF 11
PAGE 5
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owner", 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.
12.1 In the event of a material breach of this Agreemt:nt, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended tor such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is dclaycd
for causes which 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.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation of the improvements, which the
"Developer" and/or "Owner" agree to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owncr"
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or
"Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
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PAGE 6
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties andlor 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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Centennial Development, LLC
36 E. Pine Street
Meridian, ID 83642
OWNER:
Liberty Development, LLC
36 E. Pine Street
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17. 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.
18. 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
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
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PAGE 7
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. 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 "Developer" and/or "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in tlle "Property". Nuthing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subj ect 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 "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owner" 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
"Developer" and/or "Owner" 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".
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 puhlic
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 ofthe "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
OF 11
PAGE 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
Ce
Lt~~ D~pt.I\e)JJ1 LLC-
Attest:
DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
OF 11
PAGE 9
STATE OF IDAHO, )
: ss
County of Ada, )
On this d1 day of ~, 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared
--Jota..Ll.~ c:\ E , known or identified to me to be the
\\'l.j':)""I~'I"CI Yl, ,::]'Y,bf'L: of Centennial Development, LLC, acknowledged to
me that th y executed the same on behalf of said corporation.
o ary ublic for Idah
Residin at: Ro I '1-i
My Commission Expires: 0'3,-3"'5-1 0
(SEA
: ss
)
day of , 2006, before me, the
undersigned, a Not ublic in and for said State, personally appeared Dalice Chester,
known or identified to me acknowledged to me that he executed the same.
IN WITNESS WH OF, I have hereunto set my hand and affixed my
official seal the day and year in this certi te first above written.
Notary Public for I
Residing at:
My Commission Expires:
(SEAL)
DEVELOPMENT AGREEMENT (AZ 00-009) CFDARCRFFK ~lJRmVTSTON
10 OF 11
PAGR
STATE OF IDAHO )
: ss
County of Ada )
On this---'1-*" dayof ~V~V' ,2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know 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.
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DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION
11 OF 11
PAGE
Parcel J
Boundary Description
Liberty Development Property
A parcel located in the S % of the SW 114 of the SE 114 of Section 25, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southwest corner of said S % of the SW 1f4 of
the SE 114 (114 Corner), from which a 5/8 inch diameter iron pin marking the southeast corner of said S
% of t~e SW 1f4 of the SE % bears S 89"54'20" E a distance of 1340.90 feet;
Thence S 89"54'20" E along the southerly boundary of said S % of the SW % of the SE % a distance
of 200.20 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING;
Thence leaving said southerly boundary N 0"05'40" E a distance of 320.40 feet to a 5/8 inch diameter
iron pin;
Thence N 89 "54'20" W a distance of 200.20 feet to a 5/8 inch diameter iron pin on the westerly
boundary of said S % of the SW 114 of the SE 114;
Thence N 0 "05'40" E along said westerly boundary a distance of 339.64 feet to a 5/8 Inch diameter
iron pin marking the northwest corner of said S % of the SW % of the SE %;
Thence S 89"54'17" E along the northerly boundary of said S % of the SW % of the SE 114 a distance
of 1339.99 feet to a 5/8 inch diameter iron pin marking the northeast corner of said S % of the SW %
of the SE %;
Thence S 0"00'55" W along the easterly boundary of said S % of the SW % of the SE 1;4 a distance of
660.02 feet to a 5/8 inch diameter iron pin marking the southeast corner of said S Y2 of the SW % of
the SE Y4;
Thence N 89 "54'20" W along the southerly boundary of said S % of the SW 1f4 of the SE 1;4 a distance
of 1140.70 feet to the POINT OF BEGINNING.
This parcel contains 18.84 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
Revised - May 23, 2006
MERIDIAN PUBLIC
WORKS DEPT.
B~~eROVAL
~~~~J~~I~
Liberty Development/Reiterman LLA
Job No. 04~43
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
AUG 0 3 2006
~r.tY. Meridian
','" erk Office
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In the Matter of Annexation and Zoning of 19.57 acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat approval of 85 single-family
residential building lots and 12 other lots on 19.57 acres, for Cedarcreek Subdivision, by
Centennial Development, LLC.
Case No(s).: AZ.06~009 and PP~06~007
For the City Council Hearing Date of: July 18, 2006 (Findings approved on August 8, 2006)
A. findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 18,2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 18,2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 18,
2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 18, 2006, 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 hnpact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-06-0091 PP-06-007 - PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the govenunental
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 ifthe attached conditions of approval are imposed.
6. That the City has grantcd an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, l;lIld the
Conditions of Approval all in the attached Staff Report for the hearing date of July 18,
2006, 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 Cowlcil's authority as provided in Meridian City Code ~ ll-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated December 21,2005, is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 18, 2006, incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Plea'le 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 record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the uc::vc:lopment 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 eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.AI the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months a.c;
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-Q09 / PP-06.007 - PAGE 2 of 4
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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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 tull the time period within whi<;h a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body ofthe City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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 July 18, 2006
CITY OF MERIDIAN FINDINGS OF FACI, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-009 I PP-06-007 . PAGE 3 of 4
By action of the City Council at its regular meeting held on the
~''';/''I- ,2006.
COUNCIL MEMBER SHAUN WARDLE
87"6-
day of
VOTED~a.-
VOTED$A./
VOTED ~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
. \ 11111/111
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-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-009 ! PP-Oti-007 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIt THE HEARING DATE OF 7/18/06
STAFF REPORT
Hearing Date: July 18, 2006
.~~
cU;;ridi~~ \
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,!.,~..,.....!',::,,"" ":~
TO:
Mayor & City Council
FROM;
SUBJECT
Joe Guenther & Amanda Hess
Associate City Planners
Meridian Planning Departmenl
Cedarcreek Subdivision
AZ-06-009
Annexation of 19.57 acres from RUT to R-8
PPp06-007
85 Single-family residential lots and 12 other lots
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The request is for lUllleAi1tiOll and zoning of 19.57 acre:s of land that 1:S currently zoned RUT in Ada
County. The applicant is seeking an R.8 zone (Mediwn Density Residential District) for the entire parcel.
The applicant has submitted a preliminary plat for the subject property for 85 single-family lots all with
detached products, and 12 common/other lots on 19.57 acres. Amenities for the development include an
open space lot with a tot lot and parkway planters adjoining the streets.
2. SUMMARY RECOMMENDATION:
The City of Meridian PlaMing & Zoning Commission is recommending approval of the subject
annexation and zoning (AZ.06.009-Revised), preliminary plat (pP-06-007-Revised) for the reasons listed
herein and subject to the conditions of approval listed. The applicant proposes to sewer this development
via extensions of mains in Paramount Subdivision and water mains in McMillan Road. The Meridian
Planninl! and ZoninlZ Commission heard the item on March 16. 2006. and continued the Dublic hearinl! to
April 20. Mav 18. and June 1.2006. At the June 1. 2006. meetinl! the Commission moved to recommend
approval of said apolications subiect to a Development Al!J'eement as described in Section 9a.l.5 of this
Staff ReDort. in addition to the conditions listed in Exhibit B.
a. Summary of Public Hearings:
i. In favor: Shawn Nickel (Applicant's Representative)
ii. In opposition: Carl Reiderman, Bonnie Reiderman, Doug Eden
iii. Commenting: None
lV. Staff presenting application: Joe Guenther, Caleb Hood
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Landscape Plan not accepted by Staff;
ii. Sewer connections not available until Paramount develops;
iii. Out parcel to not be included in proposed development; and
iv. Sidewalk proposed to cross neighboring outparcel.
c. Key Commission Changes to Staff Recommendation:
i. Prior to annexation ordinance approval, the applicant shall enter into a
development agreement which stipulates the following:
A. The appliClUlt agrees to record a property boundary adjustment to include the
50' strip of land to the southwest with the neighboring outparcel. This piece
Cedarc~k Subdivision
)LZ-06-009IPP-O~07
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
shall not be included in annexation or development of Cedarcreek. Said
property boundary adjustment shall be recorded prior to annexation of the
remainder Cedarcreek property.
B. The applicant agrees to construct a sidewalk which will cross in front of the
out parcel and cOMect Paramount South 50 with the development of
Cedarcreek Subdivision. The location of said sidewalk is to be determined by
ACHD and the neighbors, Carl and Bonnie Reiderman.
d. Outstanding Issue(s) for City Council:
i. None
PROPOSED MOTIONS (to be considered after tbe public bearing)
Approval
After considering all staff, applicant and public testimony, I move to approvc Filc Numbcr(s) AZ~
05-009/PP-06-007 as presented in the staff report for the hearing date of July 18, 2006, and the
preliminary plat labeled C-l, dated December 21,2005, with the following modifications to the
conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Nwnber(s) AZ-06w
009/PP-06-007 as presented during the hearing on July 18, 2006, for the following reasons: (you
should state specific reasons for denial ofthe annexation or plat.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number(s)
AZ-06-009/PP~06-007 to the hearing date of (insert continued hearing date here) for the
following reason(s); (you should state specific reason(s) for continuance.)
3. APPLICATION AND PROPERTY FACTS
a. Site Addrcss/Location;
N central location off of McMillan Road and ~ mile west of Meridian Road
S 1 /2 ofthe SWI/4 of the SW 14 of 4Nl W2S
b. Owner
Dalice Chester
470 W. McMillanRd
Meridian, Idaho 83642
c. Applicant:
Centennial Development, LLC
36 E. Pine Street
Meridian, Idaho 83642
Agent: Shawn Nickel
Land Consultants Inc.
S2 N. 2nd street
Eagle, Idaho, 83616
d. Representative: Shawn Nickel, Land Consultants, Jnc
e. Present Zoning: COUNTY- RUT
f. Present Comprehensive Plan Designation:
Medium Density Residential- North Meridian Comprehensive Plan Amendment
g. Description of Applicant's Request;
Cedarcreek: Subdivision
AZ-06.009/PP.06.007
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
1. Date of preliminary plat (attached as Exhibit AI): December 21,2005.
2. Date of landscape plan (attached as Exhibit Al): January 13, 2006
h. Applicant's Statement/Justification: The proposed overall density (4.34 dwellings per acre) of
the project complies with the City's designation of Medium bensity Residential, which
allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use
of the project will provide a development which will complement the surrounding land
uses and will be a compatible continuation of the Paramount proj ect north and east of the
site.
4. PROCESS FACTS
a. The subject application will in fact constitute an aIUlcxation and/or rezone as detennined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11
Chapter 5, a public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a
public hearing is required before the City Council on this matter.
c. Newspaper notifications published on: March 13, 2006, and February 27, 2006 (for
Planning & Zoning Commission hearing), and June 26,2006, and July 10, 2006 (for City
Council hearing)
d. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning
& Zoning Conumssion hearing), and June 23, 2006 (for City Council hearing)
e. Applicant posted notice on site by: February 27, 2006 (for Planning & Zoning
Commission hearing), and July 10, 2006 (for City Council hearing)
5. LAND USE
a. Existing Land Use(s): Agricultural
b. Description of Character of Surrounding Area: Agricultura1/Urbanizing
c. Adjacent Land Use and Zoning
1. North: Paramount Subdivision, R-8
2. East: Paramount Subdivision, R-40
3. South; Codar Springs Subdivision #4 and #5- R-8 and L-O
4. West: Agricultural Ada County RUT
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: lbis property is planned to sewer to future mains extended
from the Paramount Subdivision to the north.
Location of water: There is currently a water ntain in W. McMillian Road, and
future connections from planned mains in Paramount.
Issues or concerns: This development is not sewerable until Paramount brings
sewer mains down to this development.
2. Vegetation: Agricultural/Inigated
Cedarcreek Subdivision
AZ-06-009/PP-06-007
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
3. Flood plain: NA
4. CanalslDitches Irrigation: Lemp Canal Local Lateral
5. Hazards: None Identified
6. Proposed Zoning: R-8
7. Size of Property: 19.57 acres
8. Description of Use: 85 single family residential lots
f. Subdivision Plat Information
I. Residential Lots: 85
2. Non-residential Lots: 4- Future ROW lots
3. Conunon Lots: 8
4. Total Lots: 97
5. Gross Density: 4.34 units per acre
g. Landscaping
1. Width of street buffer(s): 30 feet (25 required) on McMillan Road.
2. Width ofbuffer(s) between land uses: None required (all residential)
3. Percentage of site as useabIe open space:
The applicant has defined 1.12 acres or 5.7% open space, Lot 18 Block 6, Lot 14
Block 2, and parkways (See section S-h for additional analysis)
4. Other landscaping standards:
The landscape architect shall certity that one tree per 8,000 square feet of lawn has
been provided on the landscape plan.
Lot 9, Block 1 shown as a non-buildable parcel to be retained by the developer this lot
shall be landscaped with lawn or other vegetative undercover until such time as the
parcel may be incorporated into a larger open space lot or platted as a buildable lot.
The existing canal on Lot 9 Block 1 shall be tiled as per UDC 11-3A-6.
h. Required Open Space:
The applicant is required to provide a minimum of five percent qualified open space. UDC
11.3G.3 A and B. The applicant is showing:
Public Open Space Area:
Lot 8 Block 3 as 36,786 sqlft
Collector Buffers:
Lot 14 Block 2 - 2,700 sqlft:
Lot 18 Block 6 - 2,550 sq/ft
Parkway planters along streets -1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 "'"
14,352 sqlft for 35,306 qualified sq/ft for the parkways on single-family detached, street
loaded products.
The total open space qualified is 77,342 sq/ft for 9.0% qualified open space.
Cedarcreek Subdivision
AZ-06-009/PP-06-Q07
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
i. Amenities~
The applicant is required to provide one qualified amenity for single family residential
subdivisions that are under 20 acres in area.
The applicant is showing qualified site amenities as follows:
ll-30-3C-l- Quality of Life Amenities - None
11- 30- 3C-2 - Recreation Amenities - children's play structures
11-3G-3C-3 ~ Pedestrian Amenities - None
Amenities shall be generally located in centrally accessible locations and all conunon areas
shall be maintained by the Cedarcreek Homeowners Association. The applicant is proposing
the tot lot as the required amenity.
j. Proposed and Required Residential Standards
R.8 (Standards)
Setbacks (*all streets local) Proposed Required
** measured from back of sidewalk
Street setback to Living Area ** 15 15
Side Accessed Garage** 15 15
Front Accessed Garage" 20 20
Side 4 4
Rear 12 12
Street frontage -
With garage facing street 50 50
With alley loaded 40 40
T ,ot Si7.e -SF detached
35
5,000
4,000
35
With garage facing street
Alley Loaded
Maximum Building Height
k. Proposed and Required Non-Residential
Non-residential lots are to be used for amenities and open space. Except the lots
proposed to be retained by the developer which shall comply with the required
improvements listed in this report. Lots to be retained by the developer for future right of
way acquisition shall comply with all AClID conditions of approval.
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
Direct lot access to McMillan is to be prohibited, including T ,ot 9 Block 1. Access to
Paramount subdivision is as proposed with connections at Seel Way, Silverspruce and
Street E. A stub street with full services shall be provided to the property excluded at the
south west listed as Reitennan property and shown as Ramsbrouk Street.
For a detailed report on the public streets and access points to public streets, please the
5,000
4,680
Ced~k Subdivision
AZ-06-009/PP.06.007
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF 7/18/06
attached staff report from the Ada County Highway District (Exhibit C).
6. AGENCY COMMENTS MEETING
On FeblUaxy 24, 2006 staff held an agency comments meeting, all agencies attending provided
comments as attached in Exhibit B.
Staff has included all comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated 'Medium Density Residential' on the North Meridian
Comprehensive Plan Future Land Use Map. The Council approved the North Meridian
Comprehensive Plan Amendment on March 7, 2006. In Chapter VII of the Comprehensive Plan,
medium density is defined as areas including single-family homes at densities of three to eight
dwelling writs per acre. Staff fmds that the proposed density of (4.34 d.u.!acre) for the subject
application conforms with the North Meridian Comprehensive pU1JloRe and intent. In the
applicant's submittal letter, dated January 13, 2006 several Comprehensive Plan policies are
listed (please see applicant's letter).
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application (staff analysis is in italics below policy):
· Require that development projects have planned for the provision of all public services
(Chapter VIT, Goal ill, Objective A, Action 1)
When the City established its Area of City hnpact, it planned to provide City selVices to the
subject properties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
. The western roadway adjacent to the subject lands are currently uwned and
maintained by the Ada County Highway District (ACHD). This service will not
change.
. The northern roadway adjacent to the subject lands are currently owned and
maintained by the Idaho Transportation Department (lTD). This service will not
change.
. The subject lands are currently serviced by the Meridian School District #1. This
service will not change.
. The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result a/the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Cedarcreek Subdivision
AZ.060009IPP.06-o07
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7118/06
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VIT, Goal
IV, Objective D, Action item 2)
Staff finds that McMillan Road will .verve as the main access point for all the properties in
this subdivision as well as a connection into the future collector road for Paramount
Subdivision to the East of the site.
The applicant is requesting to retain Lot I, Block 6, Lot 9 Block 5, and Lot 11 Block 1 of the
design dated December 21, 2005. This lot should be noted on the plat that it is for future
right of way reservation for when ACHD roadway improvements occur. The width of right of
way resenJations shall be as set forth by ACHD
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to
construct a 30-foot wide landscape buffer along McMillan Road. Staff is supportive of these
widths, as long as the entire buffer lies outside the ultimate right-ofway. S
See Site Specffic Conditions in the Preltminary Plat section below in Exhibit C.
. "Consider "Accommodatini Bicycle and Pedestrian Travel: A Recommended Approach"
from the National Center for Bicycling and walking in all land use decisions." (Chapter VI,
Goal n, Objective ~ #3)
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
constroction and reconstruction projects, in a manner that is safe, accessible and convenient.
The sidewalk connections shown on the landscape plan are disconnected by the out parcel
along McMillan Road. Staff hos asked the applicant to work with the owners of the out
parcel to facilitate a sidewalk connection through this site as it lies very near a future school
site. This would be consistent with other out parcel developments in the near vicinity
(Solitude Subdivision and Amber Creek Subdivision)
. Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VIT, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designatedfor medium density residential
or neighborhood center uses on the Comprehensive Plan Future Land Use Map.
. Support a variety of residential categories (low-, mediwn-, 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 (Chapter VII, Goal IV,
Objective C, Action 10)
The subject property is designated Medium Density Residential on the North Meridian Future
Land Use Map which identifies this area as an appropliate area for medium density
residential development. This proposal meets the Comprehensive Plan definition of medium
Cedarcreek Subdivision
AZ-06-009fPP-06-007
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7118/06
density, with a gross density of 4.34 dwelling units per acre. Staff has reviewed Cedarcreek
Subdivision under the Medium Density Residential North Meridian Future Land Use Map
designation and finds the application consistent with the comprehensive designation.
Staff finds that the proposed zoning and subsequent uses (single-family homes) will be
harmonious with and in accordance with the Comprehensive Plan.
8. ZONING ORDINANCE
a. Allowed Uses in the Residential Districts: UDC Table ll-2A-2 lists single-family residential
development uses as permitted uses in the R.8 zoning district.
b. Purpose Statement of Zone:
MEDIUM DENSITY RESIDENTIAL DISTRICT (R.8) The PUtPose of the residential districts is
to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
COIUlection to the City of Meridian water and sewer systems is a requirement for all residential
districts. Residential districts are distinguished by the allowable density of dwelling units per acre
and corresponding housing types that can be accommodated within the density range. Residential
land uses are also allowed within the O-T, TN-C, and'IN-R districts as set forth in Chapter 3
Article D.
c. 11.3G-1: Common Open Space and Amenity Requirements
The regulations of this Article are intended to provide for common open space and site amenities
in residential districts that improve the livability of residential neighborhoods, buffer the street
edge, and protect natural amenities.
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed Single Family Residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1.1 The annexation legal description submitted with the application (stamped on January 11,
2006 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.2 Any future subdivision, uses and constmction on thill property shall comply with the City
of Meridian ordinances in effect at the time.
1.3 That the applicant will be responsible for all costs associated with ilie sewer and wata:
service extension. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
PUtPoses such as landscape irrigation.
Cooarcreek Subdivision
AZ-06-009/PP.06-007
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
1.4 That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses shall not
involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
1.5 UDC 11-5B-3D2 provides the P&Z Commission and City Council the authority to require
a property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Ihle t8 the aemegeaElliS nature Elf enly
r88ia8Bti&l US8S, *8 s1:leHHssisB sf 8 develepme&t I.:JlElfl8Sal (PF Q~ QQ7), 88e. *8 8881I.:Jli8BEle
with Meri&i:an City Unified DevelopmeBt Cl3Q81 aiaft' \uiillilil':IiIS t.hat a Develepmsat AgreeHl4i!Qt
is ut Beeessftf}. tEl GRGWe tAat t8lS )3fepefty is develepee. in a faBftieB that is 8SBtlist8Bt with the
eempreheasive pIs e8sigRBtieB and. aaBS Bet aegatiyely ilBfl8at asltl.'By flreflsl"ties. If the
CeB'lBlissieB af Ce\Uleil feels a eevelepmeat agreemeBt is a888SB&1')' Mag leeemmeaas a eIear
el:ltlme ef tke eeHlmitmeRts af the es\'elefler eeiftg re~ee. On June 1. 2006. the Planninli!: &
Zonin~ Commission recommended aDDroval of aDDlications AZ-06-009 & PP-06-007. subiect
to a develooment agreement which stioulates the following:
A Prior to annexation ordinance aDeroval. the aeDHcant aQI'ees/vroposes to record a
oroeertv bUWldl:UV auiulSwumt to include the 50' strip of land to the southwest with
the neisrhborinll outoarcel. This piece shall not be included in annexation or
develooment of Cedarcreek Subdivision.
B. The apolicant al!Iees to provide a sidewalk to cross the oumarcel which will connect
Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the
sidewalk is to be determined bv ACHD and the neiSl:hbors. Carl and Bonnie
Reidennan.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
2.1 Public Streets and Access:
(Connectivitv Paramount Subdivisions)
The stub street from Paramount Subdivision shall connect from N. Seel Way and again from
Street E. The subdivision is constrained by previous development in the areas east and north
of the site and is bound by ACHD policies of interconnectivity. No direct access is allowed
to McMillan Road is approved outside of the point of connection permitted by ACIID.
(COIUlectivitv Out Parcel)
A new stub street has been proposed to the Reiterman property in lht: southwest comer of the
site. This stub street shall have future public service connections from Ramsbrook Street.
~
A new alley is proposed on Lot 9 Block 4. The UDC does not allow alleys to be placed on a
lot aud this 10t should be dedicated to ACHD as it will not meet the standards for a private
street as required by UDC 11-3F.
2.2. Landscaoine:: Staff is generally supportive of the landscaping design with the following
considerations:
The 30 feet of right-of-way landscaping on McMillan Road shall be maintained by the Home
Owners Association.
Cedarcreek Subdivision
AZ-06-009/PP-06-007
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
A sidewalk connection along McMillan Road shall connect to the right of way for the future
Paramount collector road.
If Lul 14 Bluck 2 and Lot 18 Block 6 are not vacated then they shall be landscaped as
perimeter buffers with open vision fencing to the east.
The landscape plan shall show trees in the parkways compliant with UDC 11-3B.7
Prior to final plat the applicant shall submit a landscape pIan depicting thc required changes
to the landscape plan as detailed by this report.
2.3 Tree Mitie:ation: Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper inches of trees
that were removed_ Required landscaping trees will not be considered as replacement trees
for those trees that are removed. The applicant should coordinate a tree protection/mitigation
plan with Elroy Huff at the Meridian Parks Department.
2.4. Ditches. Laterals. and Canals: All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled. Settlers hrigation District has a local lateral from the Lemp Canal
on this site and has commented on the proposal as showing compliance with the required
improvements.
2.5 Pressure Irrie:ation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An
undergruund, preliliwi:t.:oo irrigation system should be installed to all landscape areas per- the
approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below.
2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site with four-foot solid fencing along common areas. A detailed
fencing plan should be submitted upon application of the fwal plat. Additional standards for
fencing and details of fenciPg material shall be submitted at the time of the final plat. If
pennanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences should taper
down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with City Code in effect at the time the permit is issued. The applicant shall
comply with all fencing standards as listed in UDC 11-3A -7.
2.7 Unimproved Right-of-Wav; Meridian City Code requires a IO-foot wide gravel shoulder
abutting right-of-way where the Wlimproved portion of the right-of-way is greater than 13
feet (measured from the edge of pavement to the edge of sidewalk or property line), and road
widening is not in the ACHD Five Year Work Program. The remainder of the unimproved
right-of-way should be landscaped with lawn or other vegetative groundcover. McMillan
Road is shown as 37' from edge of pavement to the required landscape buffer. The applicant
shall construct a 10' gravel shoulder with the remaining portion of the future right-of-way
lots being landscaped with lawn or other vegetative groundcover.
Cedarcreek Subdivision
AZ-06.009/PP.06.007
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
2.8 Amenities: UDC 11-30-3 is the qualified site amenity requirement. Amenitiell are to he
provided as part of each plat based on number of acres per site. The proposed amenities for
the subject development include: a tot lot. The proposed open space is shown to make up
9.0% of the site; if.an additional 1 % open space is provided the applicant may is count open
space as a quality oflife amenity.
2.9a Common Open Space:
TIle applicant is required to provide a minimum of five percent qualificd opcn space. UDC
11.3G.3 A and B.
The applicant is showing:
Public Open Space Area:
Lot 8 Block 3 as 36,786 sq/ft
Collector Buffers:
Lot 14 Block 2 - 2,700 sq/ft
Lot 18 Block 6 - 2,550 sqlft
Parkway streets - 1.14 acres or 49.658 sqlft total. Minus 26'x 8' x 69 =: 14,352 sq/ft for
35,306 qualified sqlft for the parkways on single-family detached, street loaded products.
The total open space qualified is 77,342 sq/ft for 9.0% qualified open space.
2.9b Oualified Site Amenities:
Quality of Life Amenity: None Provided
Recreation Amenities: Tot Lot
Pedestrian or bicycle circulation system amenities: None Provided.
2.10 SDecial Considerations:
Lot 14 Block 2 and Lot 18 Block 6 are proposing to place the required perimeter fencing at
the rear lot lines of lots in Blocks 2 and 6 along the eastern property boundary. The
proposed Paramount Subdivision is showing a 20' landscape strip along a future
commercial/multifamily access street which has yet to be developed. The 10' ingress/egress
casement is not anticipated to continue when the existing residences are removed. The
easement will also not be allowed to take access to McMillan Road in the future and should
be landscaped as per UDC 11.3F.
Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open
on the northeallt corner of Meridian Road and McMillan Road. At past meetings, the City
Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial
streets and how difficult it is for children to walk/bike to nearby schools. In light of these
concerns, staff reconunends that the applicant be required to contact the owner of the out
parcel to discuss the construction a 5-foot wide detached sidewalk along their frontage of
McMillan Road, prior to issuance of building permits in the first phase of the development as
similarly agreed upon in Ambercreek and Solitude Subdivisions. If the applicant offers to
construct an off site improvement then the commission/council should require a development
agreement for Cedarcreek subdivision with the same provisions as listed in Ambercreek
Subdivision.
Cedarcreek Subdivision
AZ-06-009/PP-06-007
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMf:NT STAfF REPORT FOR THE HEARING DATE OF 7/18/06
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated; December 21. 2005)
2. Landscape Plan (dated; January 13, 2006)
B. Conditions of Approval
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Settlers Irrigation District
C. Legal Description (TO BE REVISED PRIOR TO ANNEXATI9~ ORDINANCE
APPROV ALl
D. Required Findings from Zoning Ordinance
Cedarcreek Subdivision
~-06-009fPP-06-007
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DA IE OF 7/18/06
A. Drawings
1. Preliminary Plat (dated: December 21,2005)
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CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUlREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as C~ 1 prepared by Bailey Engineering, dated December 21, 2005, is
approved, with the required amendments and conditions listed herein. All comments/conditions
of the accompanying Annexation/Zoning (AZ-06-009~Revised) shall also be considered
conditions of the Preliminary Plat (pP.06-007.Revised). The aoolicant shall be required to enter
intu II Develupment All.reement for this oroperty (see Staff Report for DA orovisions).
1.1.2 The applicant shall construct a 30-foot landscape buffer along McMillan Road, the sidewalks
within these buffers shall be placed as to line up with existing buffers in neighboring
subdivisions.
1.1.3 The Plat shall be revised to show Lot 9 Block 4 as a public aIley.
1.1.4 That the applicant shall certify that Lots 7, 8 and 12 of Block 1 have the required 30 feet of
frontage as required by UDC 11-2A.
1.1.5 The applicant shall comply with the requirements of no direct lot access for any 10ts adjacent to
McMillan Road as required by ACHD.
1.1.6 That portion of the detached sidewalk whh,;h lies outside of the right-of-way shall bc contained in
an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway
District, and said easement shall be depicted on the fmal plat or an instnunent number referenced
in a plat note.
1.1.7 A landscape plan shall be submitted prior to fmal plat showing the landscaping in relation to the
changes required by this report. The landscape plan shall be modified to reflect the conditions
contained in this report and the revised preliminary plat and shall be submitted with the final plat
application.
1.1.8 A detailed fencing plan in accordance to UDC 11.3A-7 shall be submitted with the fmal plat.
1.1.9 The submitted landscape plan prepared by Bailey Engineering, dated January 13, 2006 is not
approved. The following should be included in a revised landscape plan:
. Lot 1 Block 6, Lot 9 Block 5 and Lot 11 Block 1 shown as future rights of way on shall be
landscaped with lawn or other vegetative undercover until such time as ACHD has acquired
the property for future roadway improvements.
. The applicant shall show a sidewalk in Lot 11 Block 1.
. The applicant shall provide perimeter landscaping in Lot 14 Block 2 and Lot 18 Block 6. If
the ingress/egress easement is to be used to buffer the furore collector ruadway in Paramount
Subdivision
. All parkway landscaping shall be consistent with UDC 11-3B- 7
. Where the Bisby/Harrell Laterals are to be covered; all vegetation shnll be installed as
required by the UDC 11-3B. If the Settlers Irrigation District restricts the type and quantity
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
of vegetation, the landscape buffers shall be increased as to accommodate the plan as
approved or the applicant may apply for alternative compliance.
· The applicant shall certify that one tree per 8,000 square feet of lawn has been provided.
· All parkway trees shall be Class n trees.
· A written certificate of completion shall be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted prior to City Council
signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-
14.
Other than the changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Planning Department.
1.1.10 All road drainage shall be contained on site in the drainage swales/areas as depicted.
1.1.11 Maintenance of all common areas shall be the responsibility of the Cedarcreek Subdivision
Homeowners' Association.
1.1.12 Other than the public street access approved by ACHD, direct lot access to McMillan Road is
prohibited. A note shall be placed on the fmal plat restricting access to McMillan Road.
1.1.13 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall
contain at least 20 feet of pavement within a 24.foot right--of-way, as proposed, and include 28-
foot inside and 48-foot outside turn radii where the alleys intersect the public streets.
1.1.14 The planter strip between the curb and the near edge of the sidewalk along all the internal streets
with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class
n trees.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
swface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
Where the applicant bas submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with moditications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 1l.3A.18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inche!! of tree!! that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC llw3Aw6,
unless otherwille approved by Settlerll hrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or nonwapproval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved armexation/plat does
not relieve the applicant of responsibility for compliance.
1.2.7 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B.
2. Public Works Department
2. 1 Sanitary sewer service to this development is being proposed via extension of mains planned in
Paramount Subdivision. The mains will be extended on the developer's timeline and the City of
Meridian does not guarantee sewer service in the timelines outlined in the UDC.
2.2 The applicant shall install mains to and tluough this proposed development; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of casements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to subwgrade is less than tluee feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.3 Water service to this site is being proposed via extension of mains in W. McMillian Road and
future mains in Paramount Subdivision to tbe north. The applicant shall be: responsible to install
water mains to and through this development, coordinate main size and routing with Public
Works, and execute standard forms of easements for any mains that are required to provide
service.
2.4 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to pIan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a preweonstruction meeting.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11.3A-6). The applicant should be required to use any existing surtace 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
signature on the [mal plat by the City Engineer.
2.6 If there is going to be a pressurized irrigation pump station of this property it must be located in a
common lot, and cannot encroach into any required landscape buffers.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
2.7 Prior to signature on the final plat vacate the ingress/egress easement shown on the preliminary
plat.
2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.9 Meridian Public Works specifications do not allow any large landscaping withiUI1 five:: foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.10 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9p4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.11 The applicant has not indicated. how the storm drainage from the proposed private alley will be
disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1.91) for all improved surfaces. Storm
water treatment and disposal shall be designed in accordance with Department of Enviromnental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jwisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway Uistrict and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncomplt::tt:u
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the fmal plat.
2.14 All development improvements, including but not limited to sewer, fencing, Inicro.paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.15 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.16 It shall be the responsibility of the applicant to ensure that all uevelopmcnt features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.17 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permittinjz
that may be required by the Army Corps of Engineers.
2.19 Developer ghall coordinate mailbox locations with the Meridian Post Office.
2.20 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.
2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groWldwater elevation. This is to ensure that the bottom
elevation of the craw 1 spaces of homes is at least I-foot above.
Exhibit B Paee 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Work... Department. All streetlights shall be imtalled at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design 10cations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration
of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart.
International Fire Code Appendix C.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5.
3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 All common driveways shall he straight or have a turning mdius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.6 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D 1 03.6 Signs. Lot 9 Block 4.
3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.8 Building setbacks shall be per the International Building Code for one and two story construction.
3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on one side.
These measurements shall be based on the face of curb dimension.
3.10 The proposed 85-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 247 residents at build out.
3.11 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
Exhibit B Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
3.12 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction 111 more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior ofthe facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed .in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
4. Police Department
4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.2 Lots 9+10 of Block 1 create residences that will be isolated from their surrounding neighbors.
Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall
work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the
houses/dwelling Wlits in the general area are oriented toward one another and encourage
interaction between more neighbors. The plat/site plan shall be revised in accord with those
discussions.
4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the
public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or
Planning Staff to discuss features that increase visibility, including but not limited to: doors and
windows that look out on the public areas, front porches, and adequate nighttime lighting. The
site plan and/or landscaping plan shall be revised in accord with those discussions.
S. Parks Department
5.1 Standard for Mitigation of trees: Thc standard established in the City of Meridian Landscape
Ordinance (UDC 11.3B-I0) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-lO) will be followed.
6. Sanitary Service Company
6.1 sse will not provide trash pick-up st:rVices utilizing the !;;OIDmon driveway. The developer shall
install a concrete pad at the end of the common drive no more than five (5) feet behind the
sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences
that take access from the common driveway.
6.2 Please contact Bill Gregory at SSC (888~3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate ofzoning compliance application.
7. Ada County Highway District
Site Specific Conditions of Approval
7.1 The applicant shall do one of the following:
Exhibit B Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7118/06
a. Dedicate a total of 3S-feet of right-of-way along McMillan Road, and construct a minimum S-
foot wide concrete sidewalk along McMillan Road, located a minimum of 38-feet from centerline
within an easement.
b. Dedicate a total of 4S-feet of righl-of-way from the centerline of McMillan Road abutting the
parcel by means of a warranty deed and locate the sidewalk a minimum of 38-feet from centerline
within the right-of-way.
Note: Any right-of-way dedicated with this application along McMillan Road will be purchased
by the District with Corridor Preservation funds.
7.2 Construct the internal streets as 34 -foot street sections (with local fire department approval) with
curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed.
7.3 Provide sufficient pavement width on the site entrance roadway intersection (N. Summit Way,
intersecting McMillan Road) to accommodate simultaneous left and right turn movements. TIris
may require 24-feet of pavement on the west side of the island to allow for two exit lanes. The
design and comtruction of the island should be I.:oordinalw wilh lhe AClID Traffic Department
and Development Review.
7.4 Provide 21.foot street sections on each side of the proposed center island. Any proposed
landscape islands/medians within the public right-of-way dedicated by this plat shall be owned
and maintained by a homeowners association. Notes of this are required on the final plat. The
design should be reviewed and approved by ACHD's Development staff.
7.5 Construct stub streets to the surrounding properties as identified below. lnstall a sign at the
terminus of each roadway stating, "TIllS ROAD WILL BE EXTENDED IN TIIE FlITURE."
. Stub street to the west, Ramsbrook Street, located 405-feet west of N. Summit Way
(measured centerline to property line). This stub street will provide access to the adjacent
parcel.
. Stub street to the east, Street E, located l4S-feet east of N. Newsham Way (measured
centerline to property line). This stub street should align as an entrance to the Paramount
Subdivision.
. The stub to the north, N. Seel Way, is proposed to be located 135.feet north of W.
Archerficld Street (measured centerline to property line). This stub street should align as
an entrance to the Paramount Subdivision.
7.6 Construct one roadway, N. Summit Avenue, to intersect McMillan Road approximately 725-feet
west of the east property line in alignment with the existing street to the south, as proposed.
7.7 Submit a Road Trust deposit to the District for $1,000 for sidewalk abutting McMillan Road
along the 50-foot strip at the west property line
7.8 Other than the access specifically approved with this application, direct lot access is prohibited to
McMillan Road and shall be noted on the final plat.
7.9 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Exhibit B Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7(18(06
7.10 Any existing irrigation facilities shall be relocated outside of the right-of.way.
7.11 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right..of.way.
7.12 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.13 Replaee any existing damaged curb, gutter and sidewalk and any that may be damaged duriog the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.14 Comply with the District's Tree Planter Width Interim Policy.
7.15 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.
7.16 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.17 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.18 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.19 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.20 It is the responsibility ofthe 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 D1GLINE (1-800-342-1585) at lcast 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.
7.21 No change in the tenns and conditions of this approval shall be valid unless they are in writing
and sianed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confinnation of any change from the Ada County Highwa.y District.
7.22 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a. waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Elthibit B Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
8. Settlers' Irrigation District
8.1 All irrigation/drainage facilities along with their easements must be protected and continue to
function. The facilities involved are Bisby Lateral (20' easement), Harrell Lateral #12 (20'
easement). Contact SID for additional requirements.
8.2 A Land Use Change Application must be on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and
landscaping must be approved by Settlns Irrigation District's Board of Directors.
8.5 All stonn drainage must be retained on-site.
8.6 The development must supply pressure irrigation access to all lots within the above-mentioned
subdivision from the current delivery point. If the developer wishes to have SID own, operate,
and maintain the pressure irrigation system an agreement must be in place prior to the pre.
construction meeting.
Exhibit B Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of 7118/06
Exhibit C. Legal Description (TO BE REVISED PRIOR TO ORDINANCE APPROVAL)
Legal Description
Cedarcreek SubdMslon - Annexation
RUT to R8 Zoned
A parcel located in the S Va of the SW v.. of the SE V. of Section 25. Township 4 North.
Range 1 West. Boise Meridlan. Ada County. Idaho. more partlCIJlarly described as
follows;
BEGINNING at a brass cap monument martdng the southwest corner of said S 1,4 of the
SW 1~ of the SE '/4 ('~ corner). from which 5/8 inch diameter iron pin marking the
southeast comer of said 5 112 of the sw v.. of the SE 114 bears S 89"54'20" E a distance
of 1340.90 feet;
Thence N 0lfJ5'40" E along the westerly boundary of said 5 IAI of the SW 'I.. of the SE V4
a distance of 660,04 feet to a 5/8 inch diameter iron pln marking the northwest corner of
said S 1h of the SW \4 of the SE 1,4;
Thence S 89'54'17. E along the nor'therty boundary of said S 1Al of the SW y.. ot the SE
'/.4 a distance of 1339.99 feet to a 518 inch diameter Iron pin marking the northeast
comer of said S "h ot the Sw '4 of the SE 'A;
Thence S OCOO'5S" W along the easterly boundary of said S ~ of the SW 1,4 of the BE if.
a distance of 660.02 feet to the sootheast comer of said S 1h of the SW Y. of the SE '1..;
Thence N 89"54'20" W along the southerly boundary of said S 1Al of the SW Vol. of the SE
1A a distance of 1340.90 feet to the POINT OF BEGINNING,
Excepting therefrom the following described parcel:
Commencing at a brass cap monument marking the southwest corner of
said S 1Ar of tM SW 1h of the SE !4 (IA corner), from which 5/8 inch
diameter iron pin marking the southeast comer of said S ~ of the SW 1h of
the se \4 bears S 89'54'20. E a distance of 1340.90 feeti
Thence S 89"'54'20" E along the southerly bQundary of said S ~of the SW
'4 of the SE 114 a distance of 50,20 feet to a point;
Thence leaving sald southerly boundary N 0"05'40' E a distance of 30.00
teet to a SI8 Inch diameter Iron pin and the POINT OF BEGtNNINGi
Thence continuing N 0"06'40. E a distance of 290,40 feet to a 518 inch
diameter iron pin;
Thence S 89'54'20. e a di6tance of 150.00 feet to a 518 inch diameter iran
pin;
Linc,l'o.utions
c::.:.---'....... ..........-~
Oedarcreek Subdivision
Job No. 04-43
r:wibit C Pll~l;: 1
... .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
Thence S 0"05'40. W a distance 01 2S0.40 leet to a 518 inch diameter iron
pin;
Thence N 89'54'20" W along a Nne 30.00 feet north of and parallel 10 the
s~therty boundary of said S 'h 01 the SW Y. 01 the SE 1A a distance of
150.00 leeI to the POINT OF BEGINNING.
This parcel contains 19.31 acres and Is subject to any easements existing or In use.
Clinton W. Ham.en, PI.S
Land Solutions, PC
JBfluary 1 f . 2006
:r.r~~,./..,
'-'\~.l 1'~ .1 ;\\ ,
"tlPI,l8L.IC
"'~~KS DEl'1.
La'n~OJutions
C;; '-I~-~
C8darcreek SubdiviSion
Job NO_ 04-43
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
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9
I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
EXlllBIT D:
Required Findings from Zoning Ordinance
Annexation Findings: UDC 11-SB-3E
Upon recommendation from tbe Commission, tbe CouDcil sball make a full investigation and
shall, at tbe public hearing, review tbe application. In order to grant an annexation and/or
rezone, tbe Council shall make tbe following findings:
A. The map amendment complies with the applicable provisions of the comprehensive plan;
The applicant is proposing to zone the subject property to R-8 Medium Density Residential District.
Council finds that the proposed zoning map amendment complies with the applicable provisions of
the comprehensive plan. In Chapter VII of the Comprehensive Plan, 'medium density' is defined as
areas including single-family homes at densities of three to eight dwelling units per acre; 'low
density' consist of single- family homes at densities of three dwelling units or less per acre. Council
finds that the requested residential zoning designation, R-8, is harmonious with and in accordance
with the 200S North Meridian Comprehensive Plan amendment and Future Land Use Map, which
designates the SW comer of the SW comer S25 4N I W at McMillan and Meridian Roads to be
medium density residential. The density proposed with the preliminary plat is consistent with
previous Conunission and Council actions and generally conforms to the goals, objectives, and
action items contained in the Comprehensive Plan for these low density areas with a request for a
'step up' in density.
Council fmds that the proposed zoning is in general conformance with the comprehensive plan
(please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Concurrent with the annexation and zoning application, the applicant has submitted a preliminary
plat that proposes singlewfamily detached residential products on the subject site (pP-06-007- dated
December 21, 2005). Council does not anticipate that the applicant plans to rezone the subject
property in the future if the accompanying PP application is approved. COWIcil fmds that the
single-family homes would be allowed (pennitted) within the requested R-8 district. The entire
site is being proposed as residential; and upon build.out, Council would not anticipate changes of
usage for this site.
C. The map amendment shaD not be materially detrimental to the public health, safety, and
welfare;
The applicant has not submitted elevations for the proposed units which are anticipated to be
designed and constructed to meet similar architecture to the single family detached residences of
the near vicinity. Council believes that the design of these single family attached dwelling units will
be compatible with the adjoining uses and transitional in nature to anticipated lower density uses
north of the site in the Paramount development and the adjacent subdivisions also in the medium
density comprehensive designations. Council fmds that the proposed development will change the
existing character of the area, which is still largely rural. However, the proposed development is
generally harmonious with the intended character envisioned by the Comprehensive Plan. Council
does not fand that the proposed zoninw'uses will be detrimental to the public health, safety, or
welfare. Further, Council does not anticipate that the proposed uses will be hazardous as long as the
applicant complies with the conditions contained in Exhibit B llIld all City Code provisions. The
Council Should rely on any oral or written testimony that may be provided when determining this
Exhibit E Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
fmding.
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,
There have been no recent street improvements in the area. The abutting roadway McMillan Road
is not in ACHD's Five Year Work Pro2fam or elF (20-year plan) for Tl'll'lrl widening. The subject
property is generally surrounded by rural residential acreages. Council does not find that there has
been a change in the area that dictates that this property should be rezoned. Council should rely on
staff's analysis, public tc5timony received, and any I,;ummt:nls submitted. from any other agencies or
departments regarding whether this property should be annexed.
Other urban services, such as water, are near to this site and the applicant should be able to extend
such services to the site. Council fmds that the subject site is proposed for development in a fashion
similar to other properties in the area.
The applicant and/or future property owners will be required to pay park and highway impact fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit
B7.
On February 24, 2005, a joint agency/department conunents meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, staff finds that except for sanitary sewer, the public
services listed above can be made available to accommodate the proposed development. CO\U1cil
should reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
Council does not find that there has been a change in the area that dictates that this property should
be rezoned. Council should rely on staff's analysis, public testimony received and any comments
submitted from any other agencies or departments regarding whether this property should be
annexed. 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 U-SB-3.E).
Due to the residential nature of the l!eneral vicinity. the Droiect's conformance to the Unified
Develooment Code. and the aoolicant's aereement to abide bv the conditions of aOOloval contained
in this staff renort. Council finds that the aIlllexation and zonina of this vropertv to R -8 would be in
the best interest of the City.
2. Preliminary Plat Findings:
In detennining the acceptance of a proposed subdivision, Council shall consider the objectives of
this Title and at least the following:
A. The plat is in I,:unfurlnance with the Comprehensive Plan;
Please see Annexation Findings Item A above.
B. Public services are available or un be made available and are adequate accommodate the
proposed development;
Please see Annexation Findings Items C and D above
Exhibit E Page 2
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06
C. The plat is in conformance with scheduled public improvements in accord
the City's capital improvement program;
Because the developer is installing sewer. water, and utilities for the development at their cost, the
subdivision will not require the expenditure of capital improvement funds.
D. There is public financial capability of supporting services for the proposed development;.
Please see Exhibit B for comments and conditions from other agencies and departnu:llls.
E. The development will not be detrimental to the public heath, safety or general welfare; and
COWlCil is not aware of any health, safety or general welfare problems associated with the
development of this subdivision that should be brought to the Council's attention. ACHD considers
road safety issues in their analysis. Council should reference any public testimony that may be
presented to determine whether or not the proposed subdivision may cause health, safety or
ellvirolullenlal problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
Council is Dot aware of any natural, scenic or historic features which require preservation. The
applicant will be required to improve all waterways on this site.
Exhibit E Page 3
__d_~