HomeMy WebLinkAboutTrilogy Subdivision DA AZ 06-032
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02122107 02:06 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT .00
46
1111111111111111111111111111111111111
107025553
/
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian.
Dyver Development
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 'lz ~ld day of J(x..YL.~n'i ' 200~~y and between City of
Meridian, whose address is 33 E. Idaho Street, Boise, Idaho 83642, a municipal corporation
ofthe State ofIdaho, hereafter called CITY, and Dyver Development, whose address is 1977
E. Overland Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer 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. S 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning ofland; and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning ofthe 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, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the 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
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 1 OF9
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 2pt day of November, 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 Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNERJDEVELOPER deem it to be in their 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 Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions ofthis development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure 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 of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in fulL
3. J;>EFINITIONS: 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 ofthe same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 2 OF 9
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERJDEVELOPER: means and refers to Dyver Development,
1977 E. Overland Road, Meridian, Idaho 83642, the party developing
said Property and shall include any subsequent developer(s) of the
Property.
3.3 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 Titlell which are herein specified as follows:
Construction and development of a 145 single family building
lots,12 commons lots, 4 private street lots, and 1 future right of way
lot in the proposed R-8 zone on 28.17 acres pertinent to this AZ 06-
032 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
1. The applicant will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems
within this project will 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.
2. 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.
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 3 OF 9
3. Access to Chinden Boulevard shall be prohibited for this site. The applicant
shall be required to dedicate the right-of-way, construct landscaping, a
pathway, and noise mitigation along Chinden Boulevard, as required by nD
and the City of Meridian.
4. Provide a utility easement to the Janicek property to the northeast; make
additional landscape improvements to the west side of Ramblin Court and
enter into a license agreement for said improvements with ACHD; and that a
more formal entry be made at the entrance to this development.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe Owner/Developer or Owner/Developer's heirs, successors, assigns, to
comply with Section 5 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 g 67-6509, or any
subsequent amendments ofrecodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION: Owner/Developer consents upon default to the reversal ofthe 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 Owner/Developer and ifthe Owner/Developer fails to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISIONd
PAGE 4 OF 9
9.2 A waiver by City of any default by Owner/Developer 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
Owner' s/Developer' s cost, and submit proof of such recording to Owner/Developer , prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning ofthe
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
ofthis Agreement.
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 Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance ofthe covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer 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 for 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 Owner/Developer or City is delayed 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.
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 5 OF 9
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
Owner/Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer 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 Owner/Developer 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 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 and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERJDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Avenue
Meridian,ID 83642
Dyver Development
1977 E. Overland Road
Meridian, ill 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
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 6 OF 9
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
ofthis 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
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 Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way.
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer have 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 Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing( s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 7 OF 9
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 ofthe
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNEFVDEVELOPER
;:QOPMENT
By: c..O("~'1 ~h)1\
~ A!JII..
\ .1."""
CITY OF MERIDIAN
Attest:
2-fJ -01
d~p
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 8 OF 9
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~day of JOJ\ . , 200J, before me, the undersigned, a
Notary Public in and for said State, personally appeared
(\ .J){'~ ~o..rtOl\ , known or identified to me to be the
~ Mavlbe.r ofDyver Development and acknowledged to me that they
executed'the'iame of behalf of such company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
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STATE OF IDAHO )
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County of Ada )
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Notary Public for Idaho
Residing at: t-..\tl ~ I 'If)
My Commission Expires: b-D5-OOIO
1
On this IS +1-... day of ----Fthv~ ' 200~ before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, JI., 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.
(SEAL)
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Notary Public for Idaho
Residing at:();\..l.~ l')t'<.._ ,)cf
Commission expires: /().-~I )-ll
DEVELOPMENT AGREEMENT (AZ 06-032) TRILOGY SUBDIVISION
PAGE 9 OF 9
EXHIBIT "An
Annexation Legal De$crlption
A portion of Lot 2, Block 1, Rambo SubdiviSion and adjoining West Chlnden Boulev..rd
(State Highw..y 20 and 26) Right of Way
Two parcels of land, the first parwl b...ing a portion <.>f I.ot 2, Block 1, Rambo SubdMsion, located
in the N 1/2 oflhe NW 1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, and the second parcel being a portion of the adjolnlng Right of Way of West
Chinden Boulevard (State Highway 20 and 26), more particularly described as follows:
Parcel On..
CommencIng aL the 1/4 Corner common La Sections 27 and 26, currently monumented by a 112"
Rebar (No Cap) in a 4" pipe casing (Corner Rooord, Instrument Number 99113295);
Thence North 00"29'03" East, colncldent with the westerly line of Seclion 27, a distance of
2598.58 feet to a point on the southel1y Right of Way line of West Chinden Boulevard, as 5hown
on Idaho Transportation Deparlment plans tilled .Plan and Profile of Proposed Frflnklin Highway,
Federal Aid Secondary Project No. F.A.S. 16M)-(1), Ada & Canyon COlInties, Boise - SepL
1939", and tilled .Plan and Profile of Proposed Hiways U.S. 20, 26 & 30, Federal Aid Project No.
F - 3031 (5), Paystle, Canyon & Ada Counties, Ontario Bridge to Boise, Boise March 1956",
(revised April 2, 1956), and as described In a RfghtofWay Deed dated 09/11/1939, recorded
09/15/1939, Instrument Number 192234, Ada County Recorder Records, said point being South
00.29'03" West a distance of 40.00 feet from lhe NW Comer of Section 27, currenUy
monuroented by a 2" diameter Aluminum Cap Monument (Corner Record, Instrument Number
99113294);
Thence SoutO 89019'16" East, coIncident witO said southerly Right of Way line of West Chlnden
Boulevard, a distance of 237.21 feet to the POINT OF BEGINNING, said PoInt of Beginning
being the northwest corner of Lot2 and the northeast comer of Lot 1 , Block 1, Rambo
Subdivision, recorded 09/24/1993, Insln.lment Number 9379034, Ada County Recorder Records;
Thence continuing South 89.19'16" East, coincIdent wilh said southerly Right of Way line of West
Chinden Boulevard and the northerly line of Lot 2, Block 1, Rambo Subdivision, a distance of
1232.51 feet to the most westerly corner of a parcel of land shown on Record of Survey 3122,
Property Line Adjustment Survey, recorded 02/23.'1995, Instrument Number 9501232Q. Ada
County Recorder Records;
Thence SoutO 51009'06" East, coincident with the soulhwesterly Une of saId pall:el of land, a
distance of 109.04 feet;
Thence South 71.21 '1 0" East, continuing coincident wIth the southwesterly line of said parcel of
land, a distance of 104.58 feel to the easterly line of Lot 2, BlOCk 1, Rambo Subdivision;
Thence South 00"26'52" West, coincident with the easterly line of Lot 2, Block 1, Rambo
SubdiVision, a distance of 1179.90 feet to the southeast carner of Lot 2. Block 1, Rambo
Subdivision;
Thence North 89"18'44" West, coincident with the most southerly line of Lot 2, Block 1, Rambo
Subdivision, a distanCE! of 331.07 feet to the most southerly southwest corner of 1.012, Slock 1,
Rambo Subdivision;
Thence North 00"27'18" East, coincident w1th a westel1y line of Lot 2, Block 1, Rambo
Subdlvlslon, a distance of 329.69 feet to 1111 interior CDrI16l'; ,
Thence North 89018'23" West, coincldent with a southerly line of Lot 2, Slock 1, Rambo
Subdivision, a distance of 460.31 feel to the southeast corner of Lot 4. Black 1, Rambo
Subdivision;
Thence North 00"29'38" East, coincident with the easterly line of Lot 4 and Lot 3, Black 1, Rambo
Subdivision, a distance of 347.76 feet to lhe northeast corner of Lot 3, Block 1, Rambo
Subdivision;
Thence North 89034'32" West, coincident with the northerly line of Lot 3, Block 1, Rambo
Subdivision, a distance of 444.60 feet to a point on the northerly Right of Way line of West
Ramblln COUrti
Thence continuing North 89"34'32- West, coincident with the northerly Right of Way line of West
Ramblln Court, a dIstance of 182.04 feet to the southeast corner ofLol 1, Block 1, Rambo
Subdivision;
Thence North 00'29'03" East, c;;oincident with a easterly line of Lot 1, Block 1, Rambo
Subdivision, a distance of 604.71 feet to the POINT OF BEGINNING,
The area of Percel One described above contains approximately 28.175 Acres.
Basis of bearings Is GRiD NORTH, Idaho State Plane Coordinate System, West Zone.
Parcel Two
Commencing at the 1/4 Corner common to Sections 27 and 28, currently monumented by a 1/2"
Rebar (No Cap) in a 4" pipe casing (Comer Record. rnstrument Number 99113295);
Thence North 00"29'03' Eas~ coincident with the westerly line of Section 27, a dlstance,of
2598.58 feet to a point on the $OUtherly Right of Way line of West Chlnden 80u [evard, as shown
on Idaho Transportation Department plans titled .Plan and Profile of Proposed Franklin Highway.
Federal Aid Secondary Project No. F .AS. 161-D.{1), Ada & Canyon Counties, Boise - Sept
1939". and titled "Plan and Profile of Proposed Hiways U.$. 20,268. 30, Federal Aid Project No.
F" 3031 (5), Payette, Canyon 8. Ada Counties, Ontario Brld96 to BOill6, Boi$6 March 1956".
(revi$ed April 2, 1956), and 01$ described In a Right of Way Deed dated 09/1111939, recorded
09/15/1939, Instrument Number 192234, Ada County Recorder Records, $ald poInt being South
00029'03" West a distance of 40.00 feet from the NW Comer of Section 27 (Highway Station
581 +27.80, 88 $hcwn en said 1939 Highway Plans), currenUy monumented by a 2" diameter
Aluminum Gap Monument (Corner Record, Instrument Number 99113294);
Thence South 89019'16" East, coincident with said southerly RIght otWay line of West Chtnden
Boulevard, a distance of 237.21 feel to the POINT OF BEGINNING, said Point of Beginning
being the northwest comer at Lot 2 and the norlheastcomer afLat 1, Bloele 1, Rambo
Subdivision, recorded 09124/1993, Instrument Number 9379034, Ada County Recorder Records;
Thence North 00040'44" East, perpendicular to $ald southerly Right of Way line of West Chlnden
Boulevard, a di$tance of 40.00 feet to a point on the survey centerline alignment as shown on
said 1939 Highway Plans, at calculated Highway Station 5631"65.14;
Thence South 89019'16" East, coincident with the survey centerline alignment as shown on said
1939 Highway Plans, a distance of 1232.51 feet to a point calculated Highway Station 576+97.65;
Thence South 00'40'44" West, perpendicular to said southerly Right of Way line of West Chlnden
Boulevard, a distance of 40.00 feet to a point on said southerly Right of Way line of West Chlnden
Boulevard, said point being the most westerly corner of a parcel of land shown on Record of
Survey 3122, Properly Une Adjustment Survey, recorded 02123/1995. In$ln.Jment Number
95012320, Ada County Recorder Record$;
Thence North 89'1\1'16" West, colnciQent with &aId southerly RIght of Way Ilne of West Chinden
60uleVatd and the northerly line of Lot 2, Block 1. Rambo SubdivisIon, a distance of 1232.51f8et
to the POINT OF BEGINNtNG.
The area of Parcel Two described abov~ contains approximately 1.132 Acres.
The tolal area of Parcels One and Two combined contaln$ approximately 29,307 Acres.
BasiS of bearings Is GRID NORTH, Idaho State Plane Coordinate System, West Zone.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
NOV 1 6 2006
C~'tiO eridian
C' , Office
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In the Matter of Annexation and Zoning of 29.31 acres from RUT to R-8 AND Preliminary
Plat approval for 145 single-family building lots, 12 common lots, 4 private street lots, and
1 future right-of-way lot for TrUogy Subdivision, by Conger Management Gronp.
Case No(s). AZ-0()..032 and PP-0()"032
For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21,
2006 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 8, 2006
incolporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006
incorporated by reference)
3. Application and Property Fncts (see attached Staff Rcport for the hearing date of
November 8, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 8, 2006 incorporated by reference)
B. Conclusions of Law
I. 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. g67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-032 and PP-06-032
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Depaltment and allY ttffected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan,
and the Conditions of Approval all in the attached Staff Report for the hearing date of
November 8, 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 Council's authority as provided in Meridian City Code ~ 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated September 20, 2006 is hereby conditionally approved;
2. The following modifications to the Staff Report were made at the City Cuuncil hearing:
That additional Develonment Alll"eement Drovisions be added that reQuire the annlicant
to: nrovide a utilitv easement to the Janieek Dronertv to the northeast: that the aDnlicant
make additionallandscaD~ imDrQ.yements to the west side ofRamblin Court and enter
into a license asaeement for said imnrovements with. ACHD: and that a more fonnal
entrY be made at the entrance to this develoDment (from Ramblin Court),
3 _ The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of November 8, 2006 inoorporllted by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to 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 devclopmcnt of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and confonns substantially to the approved pt'eliminary plat, such segments, if
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06.032 and PP-06-032
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. 1 Jpon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
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 toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 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 November 8,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06.032 and PP-06-032
By action of the City Council at its regular meeting held on the 2( ,(? day of
N"V'~~~ 2006.
"
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED~
VOTED~
VOTED fie^-
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
Copy se1Ved upon:
Dated: \ ,.. 2 i ...()<,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-032 and PP-06-032
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8,2006
STAFF REPORT
TO:
Hearing Date: 11.8-06
Mayor & City Council
i
~;;di~'
\ lOMiO
.~
FROM:
Caleb Hood
Meridian Planning Department
884.5533
SUBJECT:
Trilogy Subdivision
. AZ-06-032
Annexation and Zoning of 29 J 1 acres from RUT (Ada County) to R-8
(Medium Density Residential) zone
. PP-06-032
Preliminary Plat of 145 single-family building lot!':, 12 common. lot.s, 4 private
street lots, and 1 future right-of.way lot on 28.17 acres, in a proposed R-8
zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The suhject applicatiom: were scheduled for the July 20, 2006 Planning & Zoning Commission
hearing. Prior to tbe hearing, tbe applicant requested that this project be continued so they could
revise tbe project. Tbe applicant has revised the proposed Preliminary Plat by incorporating
changes recommended by Staff in the Staff Report for the July 20, 2006 Commission meeting._The
applicant, Conger Management Group, has applied for Annexation and Zoning (AZ) of 29.31 acres from
RUT (Ada County) to R.8 (Medium Density Residential) and Preliminary Plat approval of 145 single
family residentia1lots, 12 conunon lots, 4 private street lots, and 1 future right-of-way lot for Trilogy
Subdivision. The site is located on the south side of ChindenBoulevard, approximately 2S0-feet east of
Black Cat Road. This area is commonly known as Lot 2, Block 1, Rambo Subdivision. Rambo
Subdivision is a County-approved plat that was recorded in 1993, with the subject lot being the deed
restricted open space lot. The subject site is within the City's Area of Impact and Urban Service Planning
Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-06.032 and PP~06-032) were submitted to the Planning Department for
concWTent review. Staff has provided a detailed analysis and recommended conditions of approval for
the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval
of the proposed Trilogy Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The
Meridian Planning and Zoning Commission heard these items on Julv 20th. Au!!USt 31 st and October 5th.
2006. At the October 5th public hearing the Commission moved to recommend approval.
a. Summary of Commission Public Bearin!!:
i. In favor: Dave McKinnon
11. In oPl'osition: None
iii. Commentimr: None
IV. WriUc::n lClSlimODV received: None
v. StatfDresenting: apDlication: Caleb Hood
vi. Other staff commenting on anolication: None
b. Kev Issues of Discussion bv Commission:
i. Sidewalk and asphalt improvements along Ramblin Court; and.
Trilogy Subdivision AZ-06.032, PP-06-032
PAGE I
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
ii. Location of Schwitzer Avenue so the adjacent oropertv can use effectively.
c. Key Commission Chaoe:C8 to Staff Recommendation:
i. Reauired the aDJ'licant to road trust for the sidewalk on Ramhlin Court. east of
Schwitzer Avenue. and widen the oavement to at least 30 feet. west of Schwitzer
Avenue:.
d. Outstanding Issne(s) for City Council:
i. The re\Ti_~ed landsclWe plan now shows a large fltonnwater detention pond in Lot
8. Block 5. This Dond is not consistent with the previous landscape Dlan and has a
sienificant effect on the amount of qualified open &DaCe provided with this
m:oi eet.
ii. The applicant should be required to construct Schwitzer Avenue to their west
DIonertv I1ne. from Ramblin Court to Lookout Pass (it still does not apDear that
the ril!ht-of.way is directly adiacent to the west property line - potential spite
strip).
The Meridian Citv Cnuncil heard the!ie items on November 8. 2006. At the Dublic hearing- thev
annroved the nrniect. with chan!!'es.
. Summarv of Citv Cauneil Puhlie Bearin!!':
i. In favor: Dave McKinnon
ii. In onnosition: Anllela Brown. Brian Carrico. Marllaret Cameo
111. Commentinll: Brad Janicek
IV. Written testimonv: None
v. Stafforescntinll aoolication: Anna Borchers CanninQ
vi. Other staff commentinQ" on annlication: None
b.. Kev Issues nIDi.enslion bX ~oDneil:
i. - ImorovemenLo;; to Ramblin Court:
ii. - Housing nroducts:
Hi. - Providilu!. utility eaStmt:Ilt to Janicek nronertv alonl! Chinden
Boulevard:
iv. - Imorovements to the main entrance.
~ Kev Couucil Chanlles tn Cnmmiuinn Recommendation:
i. - Develooment AQI'eement reauirine: that the aoolicant nrovide a utilitv
easement to the Janicek oronertv to the northeast: that the annlicant make
additionallandscane imnrovements to the west side ofRamblin Court
and enter into a license aQ1'eement for said imnrovements with ACHD:
and that a more formal entrv be made at the entranee to this
develonment.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-032 and PP-06-032 as presented in the staff report for the hearing date of November 8, 2006,
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 Numbers AZ-06-
032 and PP-06-032 as presented during the hearing on November 8, 2006, for the following
reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.)
Trilogy Subdivision ~-U6-U32, PP-U6-032
PAGE 2
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
Az..o6-o32 and PP-06-032 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East of Rlack Cat Road and South of Chinden Boulevnrd / 4325 Chinden Boulevard
Section 27, T4N, Rl W
b. Owner:
Dyver Development
1977 E. Overland Road
Meridian, ID 83642
c. Applicant:
Conger Management Group
405 S. 8th Street, Suite 290
Boise, ID 83702
d. Representative: David McKinnon, Conger Management Group
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Mediwn Density Residential
g. Description of Applicant's Request:
I. Date of Preliminary Plat (attached in Exhibit A): September 20,2006
2. Date of Landscape Plan (attached in Exhibit A): October 30.2006
h. Applicant's Statement/Justification: The proposed overall density (5.1 dwellings per acre) of
the project complies with the City's designation of Medium Density Residelltial R-8 which
allows for densities of up to 8 dwellings per acre. The subdivision will provide large open
spaces and a mix of housing types including a common mew, attached single family
dwellings, and detached single family dwellings.
S. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as detennined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public
hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: July 3, 2006, and July 17, 2006 (for P& Z
Commission), and October 16 and 30. 2006 (for City Council)
d. Radius notices mailed to properties within 300 feet on: June 23,2006 (for P & Z
Commission), and October 13. 2006 (for City Council)
Trilogy Subdivision AZ.06-o32, PP.06.032
PAGE 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR 1HE HEARING DATE OF NOVEMBER 8, 2006
e. Applicant posted notice on site by: July 10, 2006 (for P & Z Commission), and Octoher 30.
2006 (for City Council)
6. LAND USE
a. Existing Land Use(s): Existing home, several outbuildings, and vacant land. All existing
structures will be removed from the site.
b. Description of Character of SUlTOunding Area: A mix of singh:: family residential and vacant
agricultural land, some of which has recently been proposed for residential development.
c. Adjacent Land Use and Zoning:
1. North: Residential and Agriculture, zoned. RR (Ada County).
2. East: Proposed Bainbridge Subdivision, zoned R.8.
3. South: Residential and Agriculture/Proposed Keego Springs Subdivision, zoned RUT
(Ada County)/R.8.
4. West: Residential and Agriculture. zoned RUT (Ada County).
d. History of Previous Actions: N/A
e. Existing Cunstraints and Opportunities:
L Public Works
Location of sewer: This property is master planned to sewer to the futme North
Black Cat trunk. It is not currently serviceable.
Location of water: 'This property would receive water from future mains in N.
Black Cat Road and future stubs from approved nearby development.
Issues or concerns: This property is currently not serviceable by the City of
Meridian's sewer or water system.
Upsizing of sewer and water mains through this site.
2. Vegetation: Primarily agriculture. Existing trees will he retajned or relocated on site_
3. Floodplain: N/A
4. CanalslDitches/Irrigation: The preliminaIy plat shows a number of ditches around the
edges of this development.
S. Hazards: N/A
6. Proposed Zoning: R-8
7. Size of Property: 29.31 acres
f. Subdivision Plat Information:
1. Residential Lots: 145
2. Non-residential Lots: 0
3. Total Building Lots: 145
4. Common Lots: 12
5. Other Lots: 5 (4 private Atreet lotc; and 1 future right.of.way lot)
6. Total Lots: 162
Trilogy Subdivision AZ-06-032, PP-06-03:l
PAGE 4
CITY OF MERIDIAN Pl.ANNiNG OEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8 2006
,
7. Open Lots: 0
8. Residential Area: 28.17 acres
9. Gross Density: 5.1 units per acre
10. Lot Sizes: Lot sizes range from 4,000 square feet to 9,200 square feet. The average lot
size is approximately 5,000 square feet.
g. Landscaping:
1. Width of street buffer(s): As per the Future Land Use Map, Chinden Boulevard is
designated as "EntryWay Corridors." The tIDC (Table 11-2A-5) requires a 35.foot
wide street buffer adjacent to Entryway Corridors. The landscape plan proposes a 35-
foot wide landsoape buffer along Cbinden Boulevard.
2. Width ofbutfer(s) between land uses: N/A
3. Percentage of site as open space: 2.17 acres (7.71 %)
4. Other landscaping standards; Landscaping adjacent to micro-paths should comply
with UDC 11-3B-12. Common, open-space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC 11-30-3-E2).
h. Proposed and Required Non-Residential Setbacks: Per the R-8 zone for attached and detached
single family dwellings.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole
access to the development will be from an existing public street, Ramblin Court, that connects
with N. Black Cat Road. Additionally, lwu stub streets will be constructed to connect with
future residential subdivisions; one at the east property line to access Bainbridge Subdivision,
and one to the southwest to access Keego Springs Subdivision. Four 24-foot wide private
streets are proposed within Blocks 6 and 7, which contain rear-loaded garages. There is a
proposed public alley that bisects the private streets. ACHD has required that this north-south
alley be private. If the alley is private, then it should be constructed in accordance with UDC
6C-3B5.
7. COMMENrS MEETING
On June 30, 2006, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all conunents
and recommended actions a... Condlt\ons of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium. density residential areas are anticipated to contain single family residences at densities of
three to eight dwell1nw:: per a.cre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat
includes 145 residential building lots on 28.17 acres for a gross density of 5.11 dwelling units/acre. The
gross density is within the range outlined in the Comprehensive Plan, staff fmds that the proposed
development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan
policies apply to this application:
. Chapter VII, Goal ill, Objective A, Action 1 . Require that development projects have
planned for the provision of all public services.
Trilogy Subdivision AZ.06-032, PP.Q6-032
PAGE 5
CITY ut. MJiRJDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
When the City established its Area of City Impact, it planned to provide City services to the
subject property. 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 roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
. The subject lands are cun'ently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are current{v serviced by the Meridian Ubrary District. This sen1ice
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Worb Dl'.partment, the Meridian Water Depart1Yumt, the :Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
. Chapter VI, Goal n, Objective A, Action 3 - Consider "Accommodating Bicycle and
Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling aud
Walking in all land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies li:#ed in the literature noted
above.
. Chapter VI, Goal IT, Objective A, Action 5 - Require pedestrian access coooectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
I,,;ommunity pathway system.
Staff is supportive of the proposed pedestrian connections to fUture adjacent subdivisions, vi(l
stub streets.
. Chapter vn, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the proposed developments to the
east and southwest are compatible with the proposed development, and that the existing
residences to the southwest have been buffered with appropriately sized lots.
. Chapter vn, Goal IV, Objective C, Action 10 - Support a variety of residentiall,,;attlguritlS
(low-, medium-, and high-density single family, multi-family, townhouses, duplexes,
Trilogy Subdivision AZ-06.()32, PP-06-032
PAGE 6
CITY OF MERl1.>lAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
The subject application includes a request for the R-8 zone. Stafffinds that the requested zoning
designation contributes to the variety of residential zoning categories in this area and is
generally consistent with the Comprehensive Plan designation for this site.
· Require street cOIUlections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
Two stub streets have been proposed to connect with the previously approve Bainbridge and
Keego Springfi developm.ents. These properties have been proposed to be developed in a manner
similar to the subject parcel. In addition, the applicant is now proposing to constroct Schwitzer
Avenue along the west property line so that the undeveloped property to the west can efficiently
re-develop with front-on housing.
9. WNlNG ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single~family, two-family (duplex), and
townhouse developments as a Pennitted Use in the R~8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a ran~e of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection 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 uuits pcr- acre and
corresponding housing types that can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Unified Development
Code, staff believes that this is a good location for the propustd single-family development.
Please see Exhibit D for detailed analysis of the required facts and findings for annexation.
The annexation legal description submitted with the application (prepared on February 21,2006,
by Charles Hardes, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
A Development Agreement (DA) will he Tequired as part of annexation of this property. Prior to
annexation approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation ordinance adoption, and the developer, The applicant shall
contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall
include the following:
. The applicant will be responsible for -all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will 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
8!:i landscape irrigation.
Trilogy SubdivilliulI AZ-06"()32, PP-06-032
PAGE 7
CITY OF MERIDIAN PLANN!NU UhPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
. 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 furore 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
produc;tioll uf l.raffic, noise, smoke, fUmes, glare or odors.
. Access to Chinden Boulevard shall be prohibited. for this site. The applicant shall be required
to dedicate the right-of-way, construct landscaping, a pathway, and noise mitigation along
Chinden Boulevard. as required by ITD and the City of Meridian.
. Provide a utilitv easement to the Janicek orooertv to the northeast: make additional landscaoe
mwrovements to the west side of Ramblin Court l'llld entt:T into a license alrreement for said
iTllProvements with ACHD: and that a more ronnal entry be made at the entrance to this
develooment.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Unified
Development Code. 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 fmdings for a
preliminary plat.
1. Access: Cbinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state
highways at locations other than at section line roads, or at the Y; mile between sections.
The existing access to Chinden Boulevard should be abandoned. Further, a note should
be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The
applicant should be required to construct noise abatement in compliance with UDC 11-
3H4D and ITD's design requirements adjacent to the residential uses. The applicant
should dedicate right-of-way, in accordance with IT'D's requirements, to allow for futun;:
highway expansion (IOO-feet from centerline proposed). The applicant should construct a
IO-foot wide pathway along Cbinden Boulevard (not currently shown on the plans)(see
UDC 11-3H4C3).
Ramblin Court, a public street, is proposed as the sole access to serve the 145 proposed
homes within the subdivision. In addition, stub streets are proposed to the recently
approved Keego Springs Subdivision to the south and Bainbridge Subdivision to the east.
Once the subdivisions to the south and east develop, alternative accesses onto Chinden
Boulevard, Black Cat Road, and Ten Mile Road will be provided to the residents in this
area. However, uDtilsecondary access caD be provided to this site, the MeridiaD Fire
Department is limiting residential CODstrumon to SO homes. See Exhibit B for all
comments and conditions from the Fire Department.
All of the internal streets. except for the private streets and Tamarak Street (southeast
comer of the devdopment), are proposed with a 33-foot street sections and 5-1'oot wide
attached sidewalks. Portions of Tamarak: Street are proposed as 29-feet wide (measured
back-of-curb to back-of-curb) within a 42-foot wide right-of.way.
2. Schwitzer Avenue: During the pre-application meetings with the applicant, staff directed.
the applicant to construct the main entrance into the development, Schwitzer Avenue,
along the west property line. After ACHD acquires right-of.way for Black Cat Road (48-
Trilogy Subdivision AZ-06-032, rr..Q6-032
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF NOVEMBER 8, 2006
feet from centerline), and the owner of Parcel #R733016001O constructs a street buffer
(35-feet wide), there will only be about 145 feet of remaining depth for the parcel, which
is approximately 3 acres in size. This remainder depth is not sufficient to develop a street
with lots on both sides. Therefore, it is critical for the redevelopment of Parcel
#R7330160010 that Schwitzer Avenue be constructed, from Ramblin Court to
Lookout Pass Street, along the western boundary of the subject site, as proposed
with the revised preliminary plat.
3. Private Streets: Four private streets are proposed within this development. The proposed
private streets will serve as access to the lots within Block 6 and 7. The applicant has
submitted a Private Street application as required by UDC 11.3F-3. The applicant shall
design and construct the private streets in compliance with the standards listed fur Private
Streets in UDC 11-3F, Private Streets. The applicant is proposing to construct a 24pfoot
wide improved area for the private streets (22 feet of paving and 1 foot of ribbon curb on
each side.) Staff is supportive of the proposed private streets. (Please see the required
private street findings in Exhibit D.)
The proposed private streets are bisected by a north-south alley. The proposed alley is 16-
feet wide. The ACIID has stated that they do not want to accept or maintain this proposed
alley. If the alley is indeed private, then it should be constructed in accordance with tIDC
6C-3B5. No on.street parking shall be allowed along the two private streets, Brighton and
Snuw Basin, but may be allowed off of the alley. Vehicles shall be parked in garages,
driveways, in the parking lots off of the alley, or along public roads within the
subdivision. The private roads shall he signed as "No Parking" per the Meridian Fire
Department's comments.
4. Common Driveways: Three common driveways and several shared driveways, which
are Dot shown on the plat, are proposed within this development. The UDe allows R-8
7.oned lots sharing a common driveway, or that are access from an aIley/privatt: street, to
be a minimum of 4,000 square feet. There are 38 lots that must be paired, sha:ting a
driveway. Further, Lots 13.15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1,
shall take access from conunon driveways. UDC 11.6C-3D7 requires setbacks, building
envelopes, and orientation of the lots and stIUctures to be shown on the plat; building
setbacks should be measured from th~ edge of the conWlun driveway easement or
property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every
single-family dwelling to have a two-car garage and a 20' x 20' parking pad on the lot.
The asphalt/concrete for the common driveway should not count towards the required
parking pad area. Comply with all common driveway provisions listed in UDC ll-6C-
3D.
NOTE: There are five lots that are adjacent to the common driveway in Block 9.
The UDC allows a maximum of four dwellings to share a driveway, and a1110t5
abutting a common driveway are to take access from the driveway. Staff
rec.ommends that the location of the common driveway easement for Lots 6-9, Block
9, should be shifted s..feet to the south so that Lot 10 is not adjacent to the driveway.
5. House Orientation: Staff has concerns about the orientation of the houses on the lots
using conunon driveways. Generally, when reviewing the layout of a plat, staff likes for
like yards to match (e.g. - side yard of one lot to abut the side yard of another.) With the
configuration of the common driveways, staff recommends that the orientation of the
Trilogy Subdivision AZ-06-o32, PP-06.03Z
PAGE 9
, ,CITY OF MERIDIAN PLANNING DfP ARlMENT STAFF REPORT FOR mE HEARING DAlE OF NOVEMBER &,2006
houses on these lots be restricted. Staff recommends that the houses on Lots 13 and 14,
Block 4, should be oriented to the east; the house on Lot 15. Block 4, should be oriented
to the north; the houses on Lots 6-9, Block,2, should be oriented to the north; and the
houses on Lots 29-31, Block 1, should be oriented to the south, and the house on Lot 32,
Block 1, should be oriented to the west, to match the yards of the adjacent lots.
6. Pressure hrieation: 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 primcuy source. If a surface or well source is not
available, a single-point cOIUlection 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 thc City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-15
and MCC 9-1-28.
7. Fencina: Except along Chinden Boulevard where a 6-foot tall fence is pmpused,
perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The
apDlicant has testified that a 6~foot tall cedar fence will be constrocte4 at:pund the
oerimeter of the develoDment (shown on the revised landscape plan as well). Fencing
adjacent to all micro-paths is required. The applicant should 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 perimeter fencing must be
completed prior to issuance of building pennits. All fencing should taper down to a 3 foot
maximum within 20 feet of all rights-of-way. Fencing shall be installed in accordance
with UDC 11-3A-7.
8. Ditches. Laterals. and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or
canals, exclusive of natural waterways and waterways being used as amenities, which
intersect, cross or lie within the area being subdivided shall be covered.
9. LandscaDinsz: The landscape plan prepared by South Landscape Architecture, P.C., on 4-
12~6.1abeled Sheet Ll.O - Ll.3 is approved with the following modifications/notes:
· Provide a 3S-foot wide landscape street buffer along Chinden Boulevard as
depicted. The landscape buffer along the street shall be designed in
accordance with UDC 11-38-7 and UDC 11-3H-4C&D.
· Provide noise abatement, in accordance with tIDC 11-3H-4D, along Chinden
Boulevard.
· Provide a micro-path connection through Lot 18, Block 1. Provide
landscaping in compliance with UDC 11-38-12, adjacent to the micro-paths.
· A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape plan
and submitted priur to City Council signature of the Final Plat. All standards
of installation shall apply as listed in UDC 11-38-14.
Submit a landscape plan, reflecting the changes/notes mentioned above, with the
final plat application(s).
Trilogy Subdivision AZ~06.032, PP-oti.U32
PAGE 10
CITY OF MERl1JIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAtE OF NOVEMBER 8, 2006
Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the
property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and
requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to
construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of
the future 100 foot right-of-way for the highway. There is approximately 55 additional
feet that will be improved with grass, until ITD purchases it for the widening of Chinden
Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and
accommodates the 55 feet of additional area needed by ITD for future roadway expansion
(see Landscaping above.)
10. Common Areas; All common lots which are approved as open space and will function as
drainage areas shall be vegetated and usable hy residents. Maintenance of all common
areas shall be the responsibility of the Trilogy Homeowners Association.
11. Opl:ll Space/Amenities: Originally the applicant was proposing to set aside 2.51 acres
(8.91 % of the property) for open space. The revised plan shows 2.17 acres of open space,
and the open space is configured quite differently. Staff is supportive of the revised
design as it centralizes the larger open space areas, and provides good access for all of the
residents. The applicant has two large common areas that are centrally located within the
subdivision. Pedestrian pathways (micro-paths) and a picnic shelter are a part of the open
space design, as well. The revised landscaDe Dlan shows . I. rile storm water
detention facilitv where ODen space was oreviouslv shown (Lot 8. Block 5). This
ch.n2e bas a sif!Dificant imoact on the Dercentalle of this site berne: set aside for
use.ble ODen snace. Staff recommends that the anDlicant eulain this chanlle and
that the CouncD determine if the chan2e is aDoronriate.
12. Micro-paths: In the applicant's submittallctter, he states that a pathway connection from
Chinden Boulevard will be provided into the development. However, this pedestrian path
is not shown on the plans. Staff believes that a micro-path from Chinden Boulevard into
this site should be provided (on Lot 18, Block 1). All micro-paths shall be constructed in
accordance with UDe 11-3A-8. Landscaping adjacent to all micro-paths should comply
with UDe 11-3B.
13. Tree MitilZation: There are large trees on the site which the appl1cant lS proposing to
remove or relocate. 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
those removed. Required landscaping trees will not be considered as replacement trees
for those that are removed. The applicant should coordinate a mitigation plan with Elroy
Huff at the Meridian Parks Department.
14. Existing Structures: The site ClUTently contains multiple buildings. Because the existing
slru{,,;lures span across proposed lot lines, all buildings should be removed or relocated,
prior to signature of the final plat by the City Engineer.
15. Sidewalk: UDC 1l-3A-17D requires sidewalks on both sides of public streets. Rambin
Street is currently improved with pavement only. The applicant is not proposing to
construct sidewalk along Ramblin Court, where the property is adjacent to the existing
right-of-way. Staff believes that the large lots in Rambo Subdivision will re--deve1op in
the future. When these properties redevelop the City will look to acquire sidewalk along
the portion of Ramblin Court that is being developed. Therefore, if a 5-foot wide concrete
sidewalk is not required on Ramblin Court adjacent to this parcel (adjacent to Lots 1-3,
Trilogy Subdivi5ioll AZ-06-o32, PP.06-o32
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8,2006 '
Block 5), there will be a gap in the sidewalk: infrastructure. Staff recommends that the
applicant be required to construct a 5-foot wide sidewalk along Ramblin Court, where
they abut the existing right-of-way. The Planning: & Zonim!: Commission reouired the
anolicant to road trust. not construct the sidewalk: alon2 Ramblin Court. east of Schwitzer
Avenue.
b. Staff Recommendation: Based on the above analysis, staff finds the AZlPPIPS applications
substantially conform to the Comprehensive Plan policies and UDC standards. As noted under
the Conditions of Approval in Exhibit B, staff recommends residential construction be limited
to so lots until such time that at least one additional access to the subdivision can he provided
via the Bainbridge or Keego Springs Subdivisions. (See Fire Department Development
Review Comments and Requirements, Exhibit B) Staff recommends approval of the subject
AZlPPIPS applications with the conditions shown in Exhibit B. On October 5. 2006 the
Meridian PlaDDin!! & ZooiD!! Commission voted to recommend approval of this proiect.
On November 8. 2006. the Meridian Citv Conncil voted to annrove this nroiect. with
rhan2es.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: September 20, 2006)
2. Landscape Plan (dated: Q~tQber 30.2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
C. Legal Description
D. Required Findings from Unified Development Code
Trilogy Subdivision AZ-06-032, PP-06-o32
PAGE 12
CITY OF-MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
A. Drawings
1. Preliminary Plat (Dated: September 20, 2006)
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CtTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNExATION COMMENTS
1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 to
initiate this process.
1.1.2 The annexation legal description submitted with the application (dated February 21, 2006,
stamped by Charles Hardes, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.1.3 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of pennit submittal.
1.1.4 Access to Chinden Boulevard shall be prohibited for this site. The applicant shall be required to
dedicate the right-oi-way, construct landscaping, pathway(s), and noise mitigation along Chinden
Boulevard, as required by ITD and the City of Meridian.
1.1.5 Provide a utility ealement to tbe Janicek nronertv to the northeast: make additional
landsl"Jlne imnrovementl to the wed side of Ramhlin Court and enter into a license
9P1'@@ml>.nt for IAIII Imnrovlimenh with AcnIl: and thAt II moril! formal entry be made at the
entranC!e to tbil develQnment.
1.2 SITE SPECIFIC REQUlREMENT8-PRELIMlNARY PLAT
1.2.1 The preliminary plat labeled as Sheets 1.0 and 2.0, prepared by W & H Pacific, dated September
20, 2006, is approved, with the conditions listed herein. All conunents and provisions of the
accompanying Annexation and Zoning application (AZ-06-032) and future development
agreement shall also be considered conditions of the Preliminary Plat (pP-06-032).
1.2.2 The landscape plan prepared by Jensen Belts. on 10-30-06. is annTOved with the following
modifications/notes (the addkiu8 af tile sturm dRiB Be8' e8 Let 8. Bleek 5. and tlte
reckledeB ill reduetiuB ill useable UBea S8aee. sheY:ld he iii_taBBed Itv the AaaliellBt aad
CeDe>>) the Bond on I Jot 8. RI~k 5 il an irrilJation Dond. not a storm drain nond:
. Provide 2.17 acres (7.710,/0 of the site) for common open space.
. Provide a 3S-foot wide landscape street buffer along Chinden Boulevard as depicted. The
landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and
UDC 11-3H-4C&D.
. Provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H-
4D, along Chinden Boulevard.
. Provide a micro-path connection through Lot 18, Block 1. Provide landscaping in
compliance with UDC 11-3B-12, adjacent to the micro-paths. Provide fencing adjacent to
micro-paths as required by UDC 11-3A-7A7a.
. Construct a picnic shelter and any other amen ties proposed during the public hearing
process.
. Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department.
. 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.
Exllibil B
CITY Of' MBRJDIAN PLANNING DEP ARlMENT STAFF HEPORr fOR THE HEARING DATE OF NOVEMBER 8, 2006
Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat
application(s).
1.2_3 Place a note on the face of the fmal plat prohibiting access to Chinden Boulevard. Construct noise
abatement in compliance with UDC 11-3-H-4D and ITD's design requirements adjacent to
Chinden Boulevard. Construct a 35-foot wide street buffer and a 1O-foot wide pathway adjacent
to Chinden Boulevard. The applicant shall meet the Idaho Transportation Department's right-of-
way dedication requirement of 100 feet from street centerline for Chinden Boulevard, the 35 foot
landscape buffer shall not be included within this measurement.
1.2.4 Provide stub streets to Keego Springs Subdivision to the south and Bainbridge Subdivision to the
east. Untll a Meridian Fire Department approved setondary access can be provided to this
site, no more than 50 homes shall be constructed.
1.2.5 Design Tamarak Street to comply with ACHD and the Meridian Fire Department's requirements
for street section, right-of-way, emergency access and parking restrictions.
1.2.6 Construct Schwitzer Avenue, from Ramblin Court to Lookout Pass Street, along the western
bou.ndaJy of the site; provide continuous frontage to Pared #R7330160010 from Schwitzer
Avenue.
1.2.7 Construct Brighton and Snow Basin, both private streets, to comply with the standards listed in
UDC ll-3F. Parking shall be prohibited along the private streets. Obtain approval from the Ada
County Street Name Committee for the private street names. Prior to signature of the final plat,
the applicant shall provide documentation of a binding contract that establishes who is
responsible for the repair and maintenance of the private streets. The private streets shall be
depicted on the face of the fmal plat(s). The applicant shall redesign all entryways to private
roads to meet the Fire Department's requirement of28' inside / 48'outside turning radius. These
changes would eliminate the tightness of the turning radius at all entrances to private roads to
better accommodate emergency service vehicles.
1.2.8 If ACHD will not accept the proposed north-south alley bisecting Blocks 6 and 7, then the alley
should be constructed in accordance with UDC 6C-3BS. Parking may be allowed off of the alley,
provided there is at least a 2S-foot wide back up area (measured frOlU the back of stall to ba(;k uf
stall).
1.2.9 All lots between 4,000 and 4,999 square feet shall either share driveways, or take access from a
private street. Lots 13-15, Block 3; Lots 6-9, Block 9; and, Lots 29-32, Block 1, shall take access
from common driveways. All ofthe lots adjacent to the cunllUUll urivt:way shall maintain at least
10 feet of public street frontage (flag) and the common driveway easement should be depicted
and explained on the face of the final plat. Place the building setbacks/envelopes and orientation
of the lots and structures that use the common driveway on the face of the final plat. Building
setbacks shall be measured from the edge of the common driveway easement or property lines,
whichever is more restrictive. Provide a two-car garage and a 20' x 20' parking pad on each lot.
The asphalt for the common driveway shall not count towards the required parking pad area.
Comply with all common driveway provisions listed in UDC 11-6C-3D.
1.2.10 The houses on Lots 13 and 14, Block 4, should be oriented to the east; the house on Lot 15, Block
4, should be oriented to the north; the houses on Lots 6-9, Block 9, should be oriented to the
Exhibit B
CITY OF MERIDIAN PLANNING DePARTMENT STAFF REPORT fOR THE HEARING DATE ot NUVHMBER 8, 2006
north; and the houses on Lots 29-31, Block 1, should be oriented to the south, and the house on
Lot 32, Block 1, should be oriented to the west, to match the yards of the adjacent lots.
1.2.11 All homes within the subdivision shall contain at least 1,200 square feet of living area, as
proposed.
1.2.12 Maintenance of all common areas shall be the responsibility of the Trilogy Subdivision
Homeowners Association. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of
natural waterways, and waterways being used as amenities, that intersect, cross or lie within the
area being subdivided shall be covered. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (diteh owner-IS), with written approval or
non-approval 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. .
1.2.13 Underground, pressurized inigatioll must be provided to a1110ts within this development.
1.2.14 Because the existing structures span across proposed lot lines, all buildings should be removed or
relocated, prior to signature of the fInal plat by the City Engineer.
1.2.1S The .oolleaDt shall Eoasinlet road trust with ACRD for a 5-foot wide sidewalk aloD2
Hamblin Court. east of Schweitzer Avenue. The annUcant shall widen the asohalt OD
RambUn Court. west of Schweitzer Avenue to at least 30 feet. as pronosed. where thev .hut
the elEistm2 rilcltt 8f w.'! (adi.eeat to Lets 1 J. Bleek ]).
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC 11-3A~17.
1.3.2 The applicant shall comply with the outdoor liMting standards shown in UDC 11-3A-11.
1.3.3 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
bt: n;sponsiblt: fur the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer. An underground, pressurized irrigation system should be installed
to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application. Where
the applicant has submitted a preliminary landscape plan and where Frtaff has reviewed such plan,
the landscaping shall be consistent with the preliminary plan with modifications as proposed by
staff.
1.3.5 The applicant shall submit a 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 fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with UDC 11-3A-7.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8,2006
1.3.6 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 have to
be mitigated.
1.3.7 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to
the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the
appropriate Irrigation District. Plans wi11 need to be approved by said irrigation/drainage district,
or lateral users association (ditch owners), with written approval or non-approval 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.
1.3.8 Staff's failure to cite specific ordinance provisions or tenns of the approved
annexatiOn/conditional use does not relieve the applicant ofresponsibility for compliance.
1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer sendee to this development is being proposed via the future N. Black Cat Trunk.
This property is currently not serviceable by the City of Meridian's sanitary sewer system and the
City of Meridian does not guarantee service in the timelines outlined in the ODC.
2.2 No "temporary" or "interim" lift stations shall be allowed on this site.
2.3 The applicant shall install a 4-inch service to the out-parcel (#S0427212500) and dedicate with
the final plat a sanitary sewer service easement along an interior lot line to protect this service.
2.4 Water service is being proposed via extension of future mains in N. Black Cat Road and
cOlUlections to planned mains in adjacent development. This property is currently not serviceable
by the City of Meridian's potable water system and the City of Meridian does not guarantee
service in the timelines outlined in the UDC.
2.5 The applicant shall be required to upsize the water main to 12-inch from Black Cat through W.
Ramblin Court, up Schwitzer, to the northerly most road Lookout Pass S1., then to the stub street
to the Bainbridge Subdivision.
2.6 The master sewer plan shows an 18-inch trnnk routing through this property. The applicant shall
coordinate with the Public Works Department the routing for this trunk prior to construction plan
submittal.
2.7 The applicant shall install water and sewer mains to and through this site; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.8 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4~19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.9 The applicant shall provide a 20~foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.10 The applicant has indicated Settlers will own and operate the pressure irrigation system in this
proposed development. Therefore a letter of plan approval from Settlers shall be submitted prior
Exhibit B
CITY OF MERIDIAN PLANNING DBP ARlMENT STAFF REPORT FOR lHE Hf.AklNU DATE OF NOVEMBER 8, 2006
to construction plan approval.
2.11 The City of Meridian requires that pressurized irrigation !lystems be supplied by a year.roWld
source of water (UDC 11-3A.6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single.point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.12 Any water meters located in common driveways shall be constructed of upgraded materials per
City of Meridian Standard Specifications.
2.13 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.14 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 94.8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.1 S Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation! drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternat~ plans will be
reviewed and approved by the City Engineer.
2.16 The applil;ant has not indicated how the storm drainage from the proposed pri vat~ stu:ets 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 off-street parking areas.
Storm water treatment and disposal shall be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for
Idahu Cities and Counties and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction 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.
2.17 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 District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.18 A letter of credit or cash surety in the 8IDOWlt of 110% will be required for all Wlcompleted
fencing, landscaping, amenities, pressurtzed irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.19 All development improvements, including but not limited to sewer, fencing, micro.paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.20 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the fInal plat.
2.21 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Pair Housing Act.
2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF IlliPURT FOR THE HEMUNG DATE OF NOVEMBER 8, 2006
may be required by the Environmental Protection Agency.
2.23 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalks the applicant shall comply with all American with Disabilities
Act requirements for unobstructed sidewalk access.
2.25 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.
2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.27 One hundred watt, highwpressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fIXtures is 25wfeet, height for 250 watt fixtures
is 3D-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or rue hydrants. Final design locations and quantity are deter.lllilleU 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
1. One and two :family dwellings will require a fire-flow of 1,000 gallOl1~ pt:r 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.
2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3. Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 yj" 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 specifications.
d. Fire HydranLs shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4. The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
6. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
7.. Provide a 20wfoot wide Fire Lane for all internal roadways, including Tamarak Street and the
private streets. All roadways shall be marked in accordance with Appendix 0, Section 0103.6 w
Signs.
H. For aU Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane".
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
9. 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.
10. To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project, which serves more than 50 homes. The two entrances should be separated by
no less than 'l2 the diagonal measurement of the full development. The applicant shall provide a stub
street to the property to the west for future connection to Tamarak Street, and One to the east for
future connection to Danner Ridge Street. Until a secondary aa:ess can be provided, no more than
SO homes shaD be aDowed within this development.
11. The proposed 148-1ot subdivision with an estimatal 2.9 residents per household would have a total
estimated population of 420 residents at build out.
12. The Fire Dept. has concenllii abuut tlu: ability to address the project, specifically the lots to the south
of Block 5 and those with common driveways, and have the addresses visible from the street which
the project is addressed off of. Please contact the Public Works Dept. Addreslling SpecillJist at
898-5500 to address this concern prior to the public hearing.
13. Where a portion of the facility or building hereafter constructed or moven into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code officia1. 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). .
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. 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).
14. Emergency response routes and fire lanes shall not be allowed. to have speed bumps.
IS. Alleys that serve mews shall be at least 24' wide.
4. POLICE DEPARTMENT
1. Blocks one, tour, and six 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 units in the general area are oriented toward one another and encourage
interaction between more neighbors. The site plan shall be revised in accord with those
discussions.
5. PARKSDEPARTMENT
I. Pathway and Trail standards: The proposed. pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
3. Standard for Mitigation of trees: TIle: standard established in the City of Meridian LandSl;apt:
Ordinance (ODe 11-3B-1O) will be followed.
4. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-l 0) will be followed.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARlMENT STAl'!' Rtl'ORT FOR THE HEARING DATE OF NOVEMBER 8, 2006
6. SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
2. sse will not provide trash pick-up services utilizing the conunon 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.
7. ADA COUNTY HIGHWAY DISTRICT
1. Comply with requirements of ITD and the City of Meridian for the SH HWY 20/26 frontage.
Submit a letter to the District from I1D regarding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits), whichever occurs fIrst.
2. Construct a southbound left turn bay and a north bound right turn lane and taper on Black Cat
Road only if the warranted turn lanes can fit in the existing right-of-way.
3. Construct curb, gutter, and S-fout auached concrete sidewalk on Ramblin Court only adjacent to
the entrance road (Schwitzer Avenue) for approximately 20-feet to the east and to the west of the
roadway.
4. Construct all intemalloca1 streets as a 33-foot street section (with local fire department approval)
with curb, gutter, and attached 5-foot concrete sidewalk within 50.feet ofright~of-way.
5. Provide 29-foot street section on each side ofthe proposed center is1and_ Any proposed
landscape island/medians within the public right-of.way dedicated by this plat shall be owned and
maintained by a homeowners association. Note of this are required on the final plat. The design
should be approved by ACHD's Development staft~
6. Provide traffic calming (i.e. chokers, bulbaQuts, traffic circles, etc.) along Lookout Pass Road.
The applicant shall coordinate the location and design of the traffic calming devices with District
Traffic Services staff.
7. Construct stub streets to the surrounding properties as identified below. Install a sign at the
terminus of each roadway stating, "TIllS ROAD wn.L BE EXTENDED IN TIlE FUTURE."
· First stub street to the east, Banner Ridge Street, is proposed to be located 460-feet north of
south east property line (measured property line to centerline).
. First stub street to the west, Tamarak Street, is proposed to be located 200-feet north of the
south west property line (U1~urW propmy line to centerline).
· Second stub street to the west, Lookout Pass Street, is proposed to be located 220-feet south
of the north property line (measured property line to centerline).
8. Construct one roadway to intersect Ramblin Court located 270.feet east of the Black Cat/Ramblin
Court intersection.
9. Construct two private roadways (Snow Basin Street and Brighton Street) to intersect the public
roadway system approximately 600-feet north of the south property line and approximately 360-
feet south of the north property line, as proposed.
Exhibit B
CITY OP MERIDIAN PLANNlNG DEPARlMENT STAll" KbPURT FOR THE HEARING DATE OF NOVEMBER 8, 2006
10. The applicant shall constroct the one proposed north-south 16~foot alley as a private aIley, not
dedicated to the public.
11. Other than the access specifically approved with this application, direct lot access is prohibited to
Chinden Blvd and shall be noted on the final plat.
12. Comply with all Standard Conditions of Approval.
8. CENTRAL DISTRICT REALm DEPARTMENT
8.1 After written approval from appropriate entities are subntitted, we can approve this proposal for
central sewage and central water.
8.1 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENf STAFF REPORT FOR Hit: HJ::!:ARlNG DATE OF mL Y 20,2006
C. Legal Description
Exhibit C
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fuhibit C
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORr FOR THE HEARING DATE OF JULy 20,2006.
SKETCH FOR PARCEL ONE
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CITY OF MERIDIAN .t'LANNING DEPARlMENT STAFF REPORT FOR THE HEARING DAlE OF JULY 20, 2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full iDvestillation
and shaD, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8. City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, St:Ction 8, of
this StaffRepoIt.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that single-family residential USt:s are allowed within the requested
zoning district of R-8 as a Principally Permitted Use. The accompanying plat
demonstrates the land will be developed with varying lot sizes and other dimensional
requirements which conform to the proposed zoning designation.
3. The map amendment shall not be materially detrimental to the public health, ~afety,
and welfare;
City Council fmds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that may be provided when determining this finding.
4. The map amendment shan not result in an adverse impact upon the delivery of
services by any political subdivision providing public services witWn the City
including, but not Umited to, school districts; and,
City Council finds that the proposed zoning amendment will not result in any adverse
impact upon delivery of services by any political subdivision providing services to this
site, as conditioned in the staff report.
5. The annexation is in the best of interest of the City (Ul)(.: 11-5B-3.E).
City Council finds that all essential services will be provided by the developer to the
subject property and will not require unreasonable expenditure of public funds. The
applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan; and this is a logical expansion of the City limits. In accordance
with the findings listed above, City Council finds that Annexation and Zoning of this
prOlJertv to R-8would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision..making body shall make the fonowing findings:
1. The plat is in conformance with the Comprehensive Plan;
Exhibit D
CITY Of' MERIDIAN PLANNING DEPARTMENT STAFF lUiPORT FOR 1HE HEARING DATE OF JULY 20, 2006
City Council finds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. City Council supports the proposed density and proposed
plat layout, with recommended changes, as they comply with the provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
City Council finds that public services can be made available to accommodate the
proposed development. (See fmding Items 3 and 4 above under Annexation Findings for
more details.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the devdoper is installing sewer, water, and utilities for the development at their
own cost, City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., police, fue, ACHD, etc.) to determine this finding. (See Exhibit B,
Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
City Council is oot aware of any health, safety, or environmental 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. Staff recommends that
the Commission and Council reference any public testimony that may be presented to
detennine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staff is unaware.
6. The development preserves significant natural, sccnic or histori~ features.
City Council is unaware of any natural, scenic, or historic features on this site.
Therefore, City Council finds that the proposed development will not result in the
destruction, loss or damage of any natural, scenic or historic feature(s) of major
importance. Staff recommends that thc Commission and Council reference any public
testimony that may be presented to detennine whether or not the proposed development
may destroy or damage a natural or scenic feature(s) of major importance of which staff
is unaware.
3. Private Street Findings:
1. ~he Design of the private street meets the requirements of this Article;
Exhibit 0
CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT FOR THl:! HhARlNG DATE OF JULY 20,2006
City Council finds that the design of the private streets meets the standards as set forth in
UDC 11-3F-4.
2. Granting approval of the private street would not cause damage hazard, or
Dulsance, or other detriment to persons property, or uses in the vicinity; and
City Council does not anticipate any hazard, nuisance or other detriment from the private
streets if they are installed and maintained as designed, and comply with the UDC.
3. The use and location of the private street shall not conflict with the comprehensive
plan aud/or the regional transportation plan.
City Council finds that the use and location of the proposed private streets will not
conflict with the comprehensive plan or the regional transportation plan.
Exhibit D